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Home My WebLink AboutUS H W Y 1 Water System Improvements Augusta Richmond GA DOCUMENT NAME: US \--\ \!\\ "'\ ~ \r\.\c\:te( 0lf:stei'Y1 '\\')'1 ~ (t)v en" Cfl-0s DOCUMENT TYPE: C OlrtrO...J2r{ YEAR: 02 BOX NUMBER: ) 1 FILE NUMBER: lCo L{Co 8 NUMBER OF PAGES: 12L\ --.---------.--- -- UOSU4or8 aUleL:3 )=-.----' -OO~9Vt;t~<;.~-(;OOZI80/.~-~ Alun08 PUOW481Cj - 8lsn6nV :a8lijO SI4l U! pall.::J -- )> \J o (f) ~-f ><~ ~o ~I ....0 ...., ();)-< - -l ~rrl ;uS: <J. ..II. PJM ::::0 ""':1: c ::u o I " ,,",-, "", ~,,-, "- '" " ", '" + """" "'~"'"" ", "~\. "" "'-, 0 '" ~~ '\. " ' --p, '\.' ''', c:> ~ ""-""-" " v:l' "" '\. "-. ' " .1>', '" " '" ')b,' "-" ' 0"""> ""'-", ,,\. "" '\'-... " .,. ~lo;:" ' . !;:i'''.'~ ----::"'" ~v , , ._....... 0,' ',' fTl ". ~_-. .___ " ,'\; '-) ::.,.t)~, ''\. ....... "., , ~'-'; '''; r 0 "" "'''~ ' ",,-- v:l' "'-..... 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CJ ~, -t fTl L J> Z "J () o o I )> ;:u ill Z R> I )> ;:u CD Z .. .. ::j I III ~ f I~ " ~ !i 'I ii ~ i ~ ~ ~ . .t ,~ -~.:" "fq.l. - ... ~. --------- ----------- -.----- --_._------- .-.-- --------- --~~ ~ ~-~ -- - DO'9v:~~:9 ~ lOOl/SOH ~ S99SvOlOOl AlUn08 PUOW481Cl - 8lSn5nv VZ:OO ~C:800 >1008 I I I I I I I I I I I I I I I I I I I USHwyl Water System ~mprovemen~ (Bath..Edie . Rd .. E fferlee Dr) (Project # 1037 5) Contract Documents & Specifications Prepared For: AUGUSTA COMMISSION Bob Young, Mayor Lee N. Beard, District 1 Marion Williams, District 2 Stephen E. Shepard, District 3 Richard Colclough, District 4 Bobby Hankerson, District 5 Andy Cheek, District 6 Thomas F. Boyles, District 7 Ulmer Bridges, District 8 William H. Mays, III, Super District 9 William B. Kuhlke, Jr., Super District 10 - ; AUGUSTA UTILITIES DEPT. Max Hicks, PE, Director Prepared By: JAMES G. SWIFT & ASSOCIATES . Consulting Engineers 1206 Interstate Parkway Augusta, GA 30909 September 2002 '..; CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY No. 31-737 Know JUl Men by These Presents: That niE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, in pursuance of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint.:J. Winston Mc Whorter or Mary E. Wadsworth of Athens, Georgia its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TWO MILLION ($2,000,000.00) Dollars, excluding, howeve'r, an'y bond(s)or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons, The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 27th day of June, 1996. #;p r: 47 Lloyd E. Geary, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 27th day of June, 1996 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Lloyd E. Geary, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn de po seth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. ~\"lnU"1l f;,,~"Y!!~ -.: \1 Ii: ....\ \~' .,~~ \,. tll~'_' :l11l,..aannsfP" &wf J. )jALN Notary Public in and for County of Butler, State of Ohio My Commission expires August 5, 1997. This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7, Appointment of Attorney-in-Fact, etc, The' chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other --~---, -instrumentsofsuretyship.and-policies'ofiilsurance-to.be-given,in,favor,of-any-individual,;firm,-corporation,.or the. officia1.representative_thereof, or to any _ county or state; or any official board or boards of county or state, or the United States of America, or to any other political subdivision," This instrument is signed and sealed by, facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27,1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company, Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed," CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date, IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this day of A,D" ~~//~ Assistant Secretary ACORDN CERTIFICATE OF LIABILI''rV INSURANCf;AGfi~lMW I DATE (MM/DDIYY) 10/22/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Charles Parrott Ins. Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 125 South Milledge Ave Ste A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Athens GA 30605 Phone: 706-354-3893 Fax:706-548-0751 INSURERS AFFORDING COVERAGE INSURED INSURER A: Ohio Casualty Company INSURER B: Ea~le Utilit~ Contracting, Inc I INSURER c: 13 0 Branch oad INSURER 0: Bishop GA 30621-1729 I INSURER E: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I~f~ TYPE OF INSURANCE POLICY NUMBER ~2'r~iM~b~?JW -~.~.!';<Y.~?,PIRAT~)N LIMITS DATE'(MM/DDIYY GENERAL LIABILITY EACH OCCUR~ENCE $1,000,000. f--- A ~ COMMERCIAL GENERAL LIABILITY BL052908883 12/01/01 12/01/02 FIRE DAMAGE (Anyone fire) 1$100,000. :- ~ CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000. PERSONAL & ADV INJURY $ 1,000,000. f--- GENERAL AGGREGATE $2,000,000. :- GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000. n ,nPRO- nLOC I POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1$1,000,000. f-- A ~ ANY AUTO BAW52908883 12/01/01 12/01/02 (Ea accident) , ALL OWNED AUTOS BODilY INJURY I I- 1$ SCHEDULED AUTOS (Per person) r- I $ HIRED AUTOS BODilY INJURY r- NON-OWNED AUTOS (Per accident) I I- i$ I- PROPERTY DAMAGE (Per atcident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ S'" U,,"'~ EACH OCCURRENCE $ 1 , 000 , 000 . A OCCUR 0 CLAIMS MADE BX052908883 12/01/01 12/01/02 AGGREGATE , $ 1,000,000. 1$ DEDUCTIBLE 1$ RETENTION $ 1$ WORKERS COMPENSATION AND I tb<-R~'~':"YTS I IOJ~- A EMPLOYERS' LIABILITY XWW52908883 12/01/01 12/01/02 $ 500000. E,L, EACH ACCIDENT E,l. DISEASE - EA EMPLOYEE $ 500000. E'l. DISEASE,,'POLlCY LIMIT $ 500000. OTHER A Equip Floater BM052908883 12/01/01 12/01/02 2001 Case 40,000. DESCRIPTION OF OPERATIONS/lOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: US Highway 1 Water System Improvements (Bath-Edie Rd-Etterlee Drive) Augusta, GA CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: ' CANCELLATION , CITYOF2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN City of Augusta Commission '0"" '" '" '''TI'',^'' ';;:;" '" '" em, '"' ,,,co,, '" 00 '0 ,~" 530 Greene Street Room 605 IMPOSE NO r~ON OR LIABILI :/ANY KIND UPON THE INSURER, ITS AGENTS OR Augusta GA 30911 \ REPRE~NT V , ~ rz!:lRr;rIV~./0h nO/I_ I W' k c ' /L/YA/. r.// f.AA. ACORD 25-S (7/97) ( v @ACORDCORPORATION 1988 I SEP-27-2002 05:07 '7063124602 I I I I I I I I I I I I I I I I I I ARC PlJRCHAS 1 NG US Hwy 1 Water System Improv~ents , (Bath.Edie Rd. ....,. Etterlee Dr. Project # 1u375) Addendum Number One Camp Josey Rd., Bam-Patterson Rd., and Bath-Edie Rd. will be crossed by Jack and bore Dot open cut u the plans show. The Steel casing to be used will be 24" at alllhree ofmese crossings. See the AUD detail 13.10 for jack BIid bores which is attached on sheet 10 of 10 orthe Hwy IlBath-Edic pIons. All items necessary to install each fire h:rdrG.nt complete according \0 AUD de~i1 \3.13 wm be included in the bid schedule: line: ilem 14 fOf fire hydrants.. This includes, blrt may not be limited to, the tee at the main, 6" valve Ie. box, 6" DIP, 6'.90. elbow, and e:one:re:te blocking. . The quantity for line item 8 (6" valve) is reduced from 51 to 10. See Revised Plan sheet A anached to this addendum. The plan has been changed on sheel9 of 10 01'1 Bath-Edie Rd, at station 50+30.. 11\5~ of tying the new water line into the existing 8" valve on lhe west sic!e or Bath.Edie Road, the nelll Waler line will tic in at a tee which will be cut in as shown on sheer A., Plug3 will be inStalled as shown. This will serve to kecp the existing 8" water line crossing 1-Iwy 88 and thc new water line s:parated. The work associated wilh tuning in the 8"x 8" tee 81Id plugging the: two sc:panted lines is to be paid in lump sum conslTUction. Fittings (i,e, the tee and plugs) will be p:l.id from line itcm 9, water smice fittings. Most of the water tine m'thiYproject is to he located in thc shoulder of the roadways. The backfin rCljuircments will bc to meet 95% compaction in these nreas. All existini macerlal wlll be ,"ed for backfill n.nle.ss AVO dctermines thar the existin~ material is not adequatc to achieve 95% compaction, In this event select bllcldill mllY be authorized by the AUD inspector, A line item has bcen created for select bacldlll (sand clay), A line irem for class A couc:rete is added for Unforeseen c:ireumsrnnces, This line item is nor 10 be used for concrete kickers required for water line omels. Please see the fevised bid schedule. A line hem for flowablc fill has been added for unforeseen circumstances. Please see the rCVlScd bid schedule. This line item isscparate fi'om the flomle fill used in the road cuts, 8) . See Revised Plan Sheet B, The plans along Ettc:rlee Dr, between 'tad on 10-;.50 and 14+00 has been chllllged to Qvoid severa1long sertiee bor1:s. The-change lIdds approximately 500 feet of6" DIP water line, two 10"x 6" tees, two 6" vaJves 81Id various 6" clbows. AClUallocation and degree oflhe 6" elbows will be determined in the field, Thc two road crossings will be Opo! cut wirh flolllable fill, The required bid item qu~tities bave been increued to reflect this work. Disregard any quantity shects prinled on the plans. The revised bid schedule will reflecl the correCI qUOllltiries and is 10 be used for bidding ptll'pOSC$, Line ilems {or various sizes of locking cukc=ts have bcen added to che bid schedule, Theoc gaskets will be used primarily in the steel Casmgs-lllld for vertical offsets of the water line, W,A.. Chavous Road will not be serviced with a water linc in this project. There will be no j;u:k :l/1d bore across Hwy'l for this road, line items 15 & 16 of thc bid schedule 81e changed to reOccl 20" steel cosing, There will be no jetting under the roadway for service bores, Line irem 24 (Sleel Casing for Opm CUts) is to include spacas for the pipe and welded joints just as in the casing for jaclc. and bores, This itcm is to clarify line iTems 22 and 23 (Open C\It and Patch Street with Flowable Fill). Line item 22 includes saw cutting and removal ofpllvement, trench t::JI.cavation, backfill, lACk coal, binder cap and overlay. This item j, paid in linear foot of road cut and coverr. nil depths from 0 to 4 feel. Contractors should note Ihat the trench width for flowable till backfill does Dol require space on each side of the pipe for a compaction device, ~ (tench width mllCl be adequllle to allow for the llowable !ill to flow between e:ach 6ide of the sleel casing and the trench wall. Line item 23 is for the eJl.lra unforeseen cost of having to cuI the trench deeper than four feet. The UJ'\it for this line item is cnanged (Tom linear foot to vertical fOOl, This line item will be used for each addilional fOOl over four feet. For clCnmple, in the field if it bc-come6 ~91l1Y to make 1I rooo cut 30 feet long and 4.5 feet deep. 30 units of line ilem 22 would be used, covering the cosl of Ibe initial 4 fcel and road restoration, the additional 1.5 feet would be paid from line item 23. Since the unit is vertical fOOl, 60 unil~ of line item 23 would be used 10 pay for the extra depth C061. Auy depth OVH 4 [t, mu~1 be deewed necessary and authoriud by the AUD iotpector. 1b.is note is to address the issue discussed in the pre-bid meeting regarding the priming of GAS in the rollli CUI detail. Thc use ofprirner will notbe nccesslU)' iflhe combined thickness oflbc binder cap and ovcrl4y is at least 4 inches, Since the over IllY mUSt be alleast 1.5 inches, tbe binder cap must be al least 2.5 inches to a\'Qid the use of primer. With this additional depth, uu:l< coaling will be required only on the 2,5" asphalt wall on each side of the trench, Note: The g incbes of GAB below the bindc=t cap is still 9 requirement, the contractor \IIould initially necd to ins~1I I 0,5 inche~ of GAB 10 keep the trench flush with the surfaec and then pull bllCk 2,5 incnes for the binder cap to lIvoid priming, There will be no Q.ddilionnJ compe1lsarion should the contractor choo~e to constrUct In the manner ncccselU)' 10 avoid using prima. All of the COSlS in this note arc paKl in line item 22, ' Some quantiric, in the reviGed bid schedule bavc been increased withoul mention hcrc in thc addendum. This is to cover for SO 1m: pomhlc additional qUlllltitiC3 which may be needed in the coursc of eonstnlelion, The jack and bores under Hwy I will not need to be plugged since Enerlee Dr. hM been combined with this project and will be eon6tTUcted simultaneously, A line item for C900 wnter line has ~ added for the water line to I1.Il1 in close proximity to the Cab line. The trolsition from ductile iron 10 C900 will be make with tv.'o 12" solid sleeves:-The CDSt oftbeseslecves will be paid from the line itctrel for fittinss, Thc, contractor is responsible fat conlacting and coordinating con6tTuction activities with the ga3 company, 1) 2) 3) 4) 5) 6) 7) 9) ] 0) 11 ) 12) 13) 14) /5) 16) 17) 18) 19) P.03/06 pg. 1 of 4 I, ~P-2'7-2002 05:07 I I ,I I INSTAlL 12-X 6- lEE, Ie- Vf.J.VE AND F1RE , HYDRANT I2S (WithIn R~ ~ - ------ -- -... - -- ---- -------..-- -- IlN WAlm MAIN IOS1HDS2IroS3( 12.-W ARC PURCHAS I NG ?e63124602 P.05/06 REVISED PLAN. SHEET A OITOi .' . f INSTAll. 12"X e- lEE. 12- VALVE, 8- VAlVC AND 1~- PWG ~~ ll. oa UCT 8WD I o o I)-SO' R/W t--) p ~ o o LORY JACK AND BORE I 3q Lf is- STE:a CASINO {J\ "'" ----t--- 8 ~ co CJ1 o ASPHALT ~ I , EXlSTlNC , ra" VN.VE, , EXIS1lNa.B" WATER "'AI I 1NST~All. e-~90. BENO~~. '~i~~- ~ - -- - - - - T1 TO NG Sl~ ~ I. 8- ~ ,/,~ NAIL . ------------------------.-r--- '. El...4~e.08 ClIT,[}l , , g"x g" I I 'TEE:' . I I : I II I I I I I 24.4' . I pg 3 of 4 SEP-27.,.2002 ~ es: ea ARC PLRCHAS 1 NO " ' -I;--~~i---,~, K=;' -,.~"~, a' .. ,~! '::-J ..: ':--... .~" , ..... Wi".;; , '."Ii ..-___~?;i ~I .~s ~ , " 1~8---., '~I · t ....,.___, !;,~ ' ~ \-0,,' ' '-- a; "_I --~ ' ~ . ...... f "-/ i~ : ~~ I !'J jt'1 I' i i~ _i /' .. -v L-- p. I 1'1,9 :1 I: : I I : : I J : : I I : : I I : : I I , , I I , I I I I co f-l" ~ I ~ ' ' I --- , -__ I C/). --__--./ ~ !! 'l z~ ~ ~I'I ~ ~ Q ~! i; ~ Q. r/J ~ I , J I , I ~ 7063124602 i ", R't 5 9 , 1I~ ~ j " . , I',-;i ,;IA.. !I !~ f ~; -I I t I _: iA!8 ~ I~ P.06/eE; ~...- ;.;.~: - ......~~. .";' .. "'~ . " ' , ~ '-. ,,~ -----, ~~t ...... -,' - -- . e -- .~ - ~!t!Q. ~JI ta, l5 .'-, ill : ~; i i~ n I ~~ i~ ~ ifi II -- - 13 Ii; , , ~ ai !g g .-J ~ '- Q:' o It) w ~ 0:: o W W ..J :5 12 00 t:: Lo.l .O'tZ ---- 0_- ~ ~ [W ~~ ~~ n t ./ -- I . I , I- I - I ! :;____' I i~;-~~ --~-~i I ~51~ 'ftl-'-"" 11-~:J~ I ~.. i~ r--- k ' ~~~ ~l -j l,~ I , -. 1.. I '--. ~ 9 ---. -:,J I ~: I ~ :;::;:~" 1 -=::~ ~2~ -~ , --- -'--. '-- " ~ ~~ ~ i~ 11 00 ~ ~~t "'9'" ~~~ I i~1 I ~Io;t 1/ I --'-' ....~... I --0. I --- Lo I . - np 4 nf t.. TOTAL P.05 -- --- I I I I I I I I I I I I I I I I I I I OCl-03-2002 01:36 ARC PURCHAS I Nt 7003124502 P.02/02 .... ",..'tit 1 ,_",;Il. ,;_~>:.: ,':,::; ,"Purchasing Department ".. ~~>~::.~'~'~~." .~~- ::.;< . . .,. '.t - ..... .' Geri A. Snm~. "PurChD$hi~ Director Rnnnl (;05- Municipal Buildinz 53C1 Greene Street- ^U~uSt3. G^ 30911 (706) 821-2422 - FAX (706) K21-21111 MEMORANDUM TO: All Bidders FROM: Oeri A. Sams DATE: October 3, 2002 SUBJ: ADDENDUM #2 Item Bid #02-179 US Highway 1 Water System Please Dote the following changes to the bid specifications: This addendum is to clarify and correct Note .15 in addendum one. First, the line item was changed from linear foot to vertical foot in note 15. This was incorrect.' The line item unit is to be linear foot. Line item 23 description reads "Open Cut & Patch Street (Flow able Fill) Additionall ft dcpth".'An example is used in note 15 of addenduni one. In that example a road cut of 30 feet long at 4.5 feet deep is used. The depth should read 5.5 feet. The example was given to clarify that any depth up to and including a one-foot interval would be biDed as an additional foot So, if an additiooall.5 foot depth is necessary, it would be treated as if it were an additional 2 feet. In that case, a road cut of 30 feet would use 60 units of line item 23 when the overall depth is 5.5 feet: Please acknowledge receipt of addendum in your bid package. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. Cc: Walter Hornsby, Augusta Equal Opportunity Officer Vendors File T018L P.02 I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS Invitation to Bid Instruction to Bidders Proposal , . Bid Bond Agreement Performance & Labor and Material Payment Bonds Gen'eral Conditions Supplementary General Conditions Special Conditions Technical Specifications INV -1 IB-1 to IB-2 P-1 to P-3 BB-1 A-1 to A-3 PB-1 to PB-4 1 to 52 SGC-1 to S.GC-3 SC-1 to SC-4 1 to 14-42 AUG-1B-2002 21:37 ARC PURCHAS I NG INVITATiUN TV J:SIU P.01/01 I I I I I I I I I I I I I I I I I I I Scaled Bids will bereceiv~d ili this ~ffice until 3:00 p.m., Tuesday, October 8,2002 fVl COl1sh'Uction of wastewater system- improvements at Augusta, Georgia, hereinafter referred to by project name as: BID ITEM #02-179 US Hwy~ I Water System Improvements, for Augusta, Georgia Utilities Dept. Bids will be received by the City of Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Augusta Georgia Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 At the time and place noted above the bids will be publicly opened and read. Bidding documents may be obtained at the office of The City of Augusta Purchasing Department, 530 Greene Street - Room 605, Augusta, GA 30911. Copies maybe obt~ined upon payment of $250.00 non refundable for clK;h set. Documents may be examined during regular business hours at the offices of City of Augusta Purchasing Department, Augusta, Georgia Utilities Department 360 Bay Street, Suite 180, Augusta, GA 30901, Augusta Dodge Plan Room, and Augusta Builder's Exchange. A MANDATORY Pre-Bid Conference will be beld on Tuesday, September 24,2002 @ 3:00 p.m. in Room 605 of the . Purchasing Department. Cut off date for any and all questions will be Wednesday, September 25, 2002@5:00p.m. It is tbe wish of the Owner that minority businesses are given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A lO% bid bond is required to be submitted in a separate envelope so marked along with the bidders qualifications; a 100% perfonnance bond and a ] 00% payment bond will be required for award. The Owners reserves the right to reject any or all bids and to waive technicalities and informalities, Please mark Bid Item number and Project Name on the outside oftbe envelope. Any objections to the specifications as set forth should be filed in writing prior to bid opening. YOU MUST SUBMIT A MARKED ORIGINAL AND 2(TWO) COPIES OF YOU SUBMITTAL GERI A. SAMS, Purchasing Director , Publish: Augusta Chronicle Metro Courier cc: Walter Hornsby Max Hicks - August 29, September 5, 12, 192002 - September 3, 2002 ' -Augusta, Georgia Equal OpportuiUty -Augusta, Georgia utilities Department TOTAL P.01 I I I I I I I I I I I I I I I I I I I INSTRUCTION TO BIDDERS IB-01 GENERAL: All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder: IB-02 EXAMINATION OF WORK: Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Geri A. Sams, Director of Purchasing, Room 605 - Municipal Building, Augusta GA 30911, and to be given consideration must be received at least seven days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later thanthree days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS: Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders 'must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words. "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. ' Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases, 18-05 BASIS OF AWARD: _ _ ___ The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work . called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are forthe purpose of IE-I !! comparing bids. While they are believed'to'tie-c1osera;pproximations, they are not guaranteed.' It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. ' -, !iiii iiiii - - IB-06 BIDDER'S QUALIFICATIONS: No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, aFINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him'all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him. fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND: At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS: , These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, .however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-09 MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT: It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms, The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. ' The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary, IB-2 I I I I I I I I I I I I I I I I I I I :PROPOSAL US Hwy 1 Water System Improvements (Bath-Edie Road - Etterlee Drive) Augusta ,Commission Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. ,He has carefully examined and fully understands the Contract Documents, including the drawings and techni.cal specifications; 3. He understands that information relative to existing structures and underground utilities as furnished to him on the drawings, Contract Documents or by the Augusta Utilities Dept. Engineer/Director, carries no guarantee expressed or implied as to its completeness or accuracy and he has made due allowances therefor; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; '5. He agrees to hold the Owner harmless for accidents or damage to property; 6. He will comply with all State and Federal Regulations pertaining to but not limited to asbestos containing material removal and disposal; Regulations regarding disposal of all debris; OSHA Requirements. 7. He will complete work in a timely manner. Time of completion must be indicated on Bid Proposal Form. 8. He will maintain the site as reasonably clean as possible by not allowing debris to accumulate before making trips to his disposal site. Debris must be hauled on a regular basis to avoid excessive accumulation. Materials sold for salvage shall not be retained on site. 9. He will not burn any materials on site without written approvals from proper authorities. 10.. He will furnish the Owner with a detailed schedule of demolition and removal including disposal sites, names of all subcontractors, State and local license information. and hereby proposes and agrees that, if the Proposal is accepted, he will contract with the Augusta Commission to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish all materials called for in accordance with the requirements of the Augusta Utilities Dept. EngineerlDirector and the true intent of the Contract Documents and that he will take in payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. P-l ~ ~5'e- U +/!r'~ REVISED BID SCHEDULE ---- DEANS BRIDGE ROAD I SA TH-EDIE J ETTERLEE ROAD WATER MAIN IMPROVEMENTS ~~772~02 [4:52 I'" , / I I I I I I I I I I I I I I I I I I ITEM 1 AF-.'C PLR:HAS! l'le -- 1 DESCRIPTION' i 12" W Iter Main .10" Water Main IS" Wi'lter Main ;S"Waw Main 5 : 12" Valve 6 : ICY' Valve 7 ! 8" Valve a e" Valve Ii W;tAr Service Fittings 1:> Meter Eox &. Lid 'Water Servles (Near SIde) Water Sen.1ce (Far Side) Water Service (Long Side HW'/'. SlleAltachedNote Belo....) Fil~ Hydrant 15 ,L'S Hwy 1 . 20" Jack & eol'G (Etter1oa Drive North) 16 ius HW'j 1 .20" Jar:k &. Sore iEtterlfle D;ive 5ou~h) 17 US HW)' 1 - 12" Jack & Bora (Tree Haven Ro~:l) 1 ~ ~alh.Edi8 Road - 24" Jack & Bcre 19 Bath.Edie Road. lB" Jack & BOlli 20 8ath-Patterson Road 24" ':"ck & Bore 21 IC~mp Josey Road 24' Jack & 80rw jOpa'l ~t & P~tch Street (F1owable Fill) Includes 4' DB8p Roa,Q 22 ICut ConsrJction and Overlay 23 Open CUt Pi Pa~ch Street (Flowable fWllI) Addition~11 Fl. Depth 24 12" Stael Casing for Open Cutll 5" Locking Gaskets a' LOCking Ga:skets 10" LociOng Gaskets 1 Z' \.oc.~O\,j GasKets Sele~ Backfill Class A Con crate 2 3 4 ~ 1 12 13 14 25 28 27 26 2e jl) , 31 32 33 3'. 35 36 37 F:lowable F~I SOd ~ 8" RCP . 8" Co~te Collar 12" ceoo Wa~r L.lne R3~d Ed~. Asph;.lt L urn p Sum Constructio n Lump Sum Construction Includes But IS Not L1mlttld To: -I\. '1oblJlzatJon .CiOM09 & Grubbing -At Remova!, -Drllle'Jflly Removal, Tamp, Access, & RBplacement <::mstru:;Von Staking -Grassing ~Soil Erosion &. S~dlment Contre! -Fencing Removal & Replacement .Temporary FencIng -IrrlglltJc,n re~lr; r~lJ!tjng from cons!rJction act~itl~s N olD Jor Iin(! item 1 J; , ":1"'.< No trttngs are to be placed under t:,e road\lo'liY, The mad an 16 to ?(j6.312~b[(~ F' . IJ~; -;::6 , QUt.NTlTY UNIT UNIT PRICE TOTAL 14.060 LF 71-:.0(, ') :J .f. >-,0 J. (",cJ ~.6ev LF Ill/'ll! X'1 ';,,;J.c6 60 LF J 1 di ' 7'i? ,/e 4,000 LF /1 . C/o Hlf CcP. W 18 =.A (,0 ,S. C'C-' },o;' If,fO .cJG- 12 ~ '51: .5, 00 Jd t7J{i,OO 2 :A t;" :(..'~d ,I 7J ,lei 10 EA . '? (p,t .,?U 1: & J ~. 00 22,00:> !.B O,l-? ,! S00,C\.~ ~66 EA t.''? ole; - :l Sf I '1 ;1 e9 !:A j,Q~c;""t;"o Ii: .? .? ~ ./2 69 EA 1:;'1~, 00 .~I lli~ 9 EA 7r;,{'oO r;-) 77.?~ co 47 EA LYoO,(/C _-.R~ l-k~~CX? lOC LF , IS, o~ I~ LJ (70,CY 155 :'F I/::u 0 (7 >;'), (,ot 140 LF fc!}1 C/O 'ctJ /:7C,Cc, 45 LF J ( C,C'O ,I) I 4C;C Ice 30 LF ,f,oc J I ,~!C fCe. OJ LF /, C.Cl- 91 ftC'"r;(, 70 LF I )O,n.' B, 4()O .(.l.. 60 LF 3'5,75- 'J I 0'1 j,U 00 VF '/,So b 9(; ,{je 50 :..F 1-/.1;,0 G ::),7CC7,CC 25 EA , tit" 'I 0 7..5'1 Ol 5 EA (t-" . ()c: ,') PA t{/ C^ 2~ EA ~' c,c~ .? O/~IOC ..... J 20 EA q,t.,Oo " c/OV' Ice 1,000 CY ':?OO ''If/,(JVtCC 10C Cy /;,1;,00 fclSCO 1(.(; 100 Cy $0,00 ,lh OtlC/CC 200 SY 7. ';6 / It:;'CV.cC 40 LF / ,t:; I 16 /",:J'l,cc 4 EA fr, "'C-C ;./ (,:0 , ()< f, 120 LF ,&,0' II 7.srJ ,u ~oo LF .; ,So 7eellce 1 lS ;.J (). (]:::X . C< : '(), OCCJ"'"' TotAL &7/, -t.? ~ g ( 07~IJ~/'i~ I, I I I I I I I I I I I I I I I I I I OCT-16-2002 23:02 7063124602 P.04/04 ARC PURCHASING The Contract coverlng the construction of all work described above will be completed within 240 calendar days from the date specified in the "Notice to Proceed" for: Dollars ($_) sUbject to reductions. addilions and deletions provided herein on the basis of measured quantities of completed work and the prices bid, Bidder further agrees to pay as liquidated damages the sum of $ 250,00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions, It is understood thai the Owner reserves the right to reject any or all proposals or to accept any proposal asdeemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum $-/ "* ;J --' _ Date . '/- /A 17- 6_~ J~ - 3-u~ The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner satisfactory performance and payment bonds in the amount , equal to one hundred percent (100%) of the total base bid sum. Enclosed herewIth is a Bid Bond or a Certified Check in the amount of Dollars ($ ) being not less than ten percent (10%) of the total base bid sum. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check. it may be cashed by the Owner and the amount received shall become the property of the Owner, If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds, The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Business Address / 35ZJ 6Rfllr.~h IGdc/- City and State D/.;SIIPjJJ {; /l. '3tlZ I P-3 TOTAL P.04 I I, 1/IIIf&~'- ~..~ OHIO CASUAlTY GROUP The Ohio Casualty Insurance Company I I' BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, I Eagle Utility Contracting, rnc 1350 Branch Road Bishop, GA 30621 (hereinafter called the Principal) as Principal, and The Ohio Casualty Insurance Company , with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety), as Surety, are held and firmly bound unto Augusta-Richmond County Commission 530 Greene Street Room 605 Augusta, GA 30911 I (hereinafter called the Obligee) in the penal sum of I 10% XXXXXX,XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Dollars $ 10% lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. I THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid dated October 8, 2002 for US Highway I Water System [mprovements Bathe Edie Road and Etterly Drive I I I NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal \ shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: otherwise to remain in full force and virtue, I Signed, sealed and dated: October I, 2002 I I I Eagle Utility Contracting, Jnc (Principal) 1350 Branch Road Bishop, GA 3062) ~ By" I By: I S-137-Rev, I I CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY I - ,-_ .- No. 31-737 Know All Men by These Presents: That TIlE OI-UOCASUALTY INSURANCE COMPANY, an Ohio Corporation, in pursuance of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appointS. Winston Mc Whorter or Mary E. Wadsworth of Atbens, Georgia its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TWO MILLION ($2,000,000.00) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said. Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. j The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. I I In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 27tb day of June, 1996. - - . .c#r ( -4T Iii . . Lloyd E. Geary, Assilltant Secretary STATE OF OI-UO, COUNTY OF BUTLER On this 27th day of June, 1996 befOre the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Lloyd E. Geary, Assistant Secretary of TIlE OI-UO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same. and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton. State of Ohio, the day and year first above written, ~"II'b ",\\~..~(ll'- I :." -< '\ ~ .( 1) ,,",'., ...~ ,~""'_..,. . ~/,.::.n'/ ~.J 4" Notary Public in and for County of Butler, State of Ohio My Commission expires August 5, 1997. This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7, Appointment of Attorney-in-Fact, etc, The chainnan of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and pol icies of insurance to be given in favor of any individual, finn, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political subdivision," This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company, Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and etTectas though manually affixed," CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and efTect on this date, IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 1st day of October AD 2002 . " ~~ /' /L4- Assistant Secretary I I I I I I I I I I I I I I I I I I I .. ~ ; AGREEMENT ~, I THIS AGREEMENT, made on the M day ofNNew-hv' , 2002, by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA COMMISSION, partyofthe first part, hereinafter called the OWNER, and EAGLE UTILITY CONTRACTING, INC., party of the second part, hereinafter called the CONTRACTOR. WITNESS TO, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I . SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: US Hwy 1 Water System Improvements (Bath-Edie Rd - Etterlee Dr) and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE" . TIME OF COMPLETION,. LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 1 0 calendar days after receipt of written notice by the Owner to the Contractor to proceed. All work shall be completed within 240 calendar days with all such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHAll NEGLECT, FAil, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Two Hundred Fifty & No/1 00 ($250.00) Dollars, not as a penalty, but as liquidated damages for such breach of contracfas hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty affixing and ascertaining the actual damages the Ownerwould, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. A-I I I I I I I I I I I I I I I I I I I I ARTICLE 11I- PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment On not later than the fifth day of every month, the Contractor shall submitto ttie Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final:inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of/all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (0) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. ,Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-2 I I I I I I I I I I I I I I I I I I I EAGLE UTILITY CONTRACTING, INC. BY:21~ ~ JfJ! As its' ,I() L 2 Address: 1350 Branch Road Bishop GA 30621 A-3 " .... ~'"':"'. .'>,........... '\.' ~ .' ;J ". .J -., ,7'~'., >;" .~ ~ .' " /\\."':' po" -. ,..; .. - ~ ~. "~,,,":'->. -' '\.. ~'... _ .. ,,1 .. ~...""",. -.--- ~ ~ .,:'~ - "'"-.... 'r-..c. -,.- ... ? " " 'I.... I I I I I I I I I I I I I I I I I I I PERFORMANCE BONU (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: tr;, /< cas Principal, hereinafter called Contractor, and (!) , a / rporation or,Q8 zed and existing under th~ laws of the State of &.11...-, with its principal office n the City of.$lll..I'r\: I +-01'1 ,State of ,,~, () , as Surety, hereinafter called Surety, are held and firmly bound unto the Augusta Commission, as Obligee, heljiEafter called the Owner, in the penal amount of.5: a 0 ~ ho Dollars (~'1I.t3' jror the payment whereof Contractor and Su , i eirs, executors, a&ninistrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the construction of US Hwy 1 Water System Improvements (Bath-Edie Rd - Etterlee Dr), Augusta, Georgia, in accordance with the drawings and specifications issued by James G. Swift & Associates, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or. (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. PB-l I I I I I I I I I I I 'I I I I I I I I day u( !VOIJ€.tr\,bv- A.u: 2u02. Witness I) ""'-""'0 ./" ~ .~:;o..... .' ~" ~~~- "~r " ,::' ~.. --.... .._-~ <.~ '. Z ~':; ~,..... ~.~-;f"' ._ 2~f ,.~ ~ ~ ~ (S' 1\1:.."'-",~ ." - ea.,,"' ",:,,~.,: ;,;::... - : - I'\., \.. v 'I"!'o ' - ___ .. ": -:*' -.~ .... .. - .,.;"'t', ~ "' ..:' ..-. .... ~f':~"..,.:-'~. -," 7>' :-. o L.. [;~~K ;YI&, ,D(s~i/~.:~-~;::3.~~',~'," , /. (Surety) '<.":..~:._'_, , .~~.. '.:-~. ':.".~. -.. . ,," ___ ... r.-' By A-/Io~:r /(.; ~ i~~i) ; " ~~ (Title _....~ By YJ/wdJ//J/:f (Title) , .:::: ::- -.. .-~ ' .--;. '"' '~ , -.... Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partn~f;:sf:1~~I<i<-~:-- execute Bond. 'J -:--.:-: :' - PB-2 ,I I I I I I I "I I I I ,I I I I I I I I LABOR Ai\jD iviA TEkiAL ~Ay'MEN f' BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-1, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: Tha e.. j(~ /; dut&c'c:.~ .; .; h(G; as Principal, hereinafter called Contractor, and OJ./to ltis,^" \1 . a corpor 'on organized a existing under the laws of the State of Ge.o~<)&' G.. , with its principa office in the City of f1a.ronIJ h IV' ,State of t)}/ {O , as Surety, hereinafter called Surety, are held and firmly bound unto the Augusta Commission, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of _Dollars (st,? ~ 130.1/2..) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated If -~ -~ J. entered into a contract with Owner for the construction of US Hwy 1 Water System Improvements (Bath-Edie Rd - Etterlee Dr), Augusta, Georgia in accordance with drawings and specifications issued by James G. Swift & Associates, which contract is by reference made a part hereof, and is hereinafter referredto as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use 1n the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1)A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. ' (2)The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit t6 final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3)No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was doneor performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state cO,urt of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and PB-3 I I I I I I I I I I I I I I I I I I I _.~ not elsewhere. (4)The amoul}tof]lilf[onQ. shall be reduced by and to the extent of any payment or payments made in good faith hereu-nf:lerj....inclusive of the payment by Surety of mechanics' liens which may be filed of recorp'ag?irlsl s~ld -impJ:iv~ment, whether or not claim for the amount of such lien be presented under and ag'~inst.tlJis.bpnd::/- ;. . - ..:::- .. l .". . - I _ - ~_.~\.S~~~~d.~~thiS;-/~~ day of !Vovc,'4bv- A.D. 2002. # .. . >. ---:--- <, ..,' .~ - .~ (Seal) (Seal) (Title) QL r~i: M'c~~al.}i :.:-~;,::;:;... . t7 ',"", '~"". /' (Surety) ~' ~. ,.. - ". '/' ~~~ .! .-. .. ~ ~ --':' ........ By A-~~ J~ fitd-'([eal):'-::' - (Titl .~. . ~ ~,.. .., T; ,;::- ~. ,::; ,,~...:;::-~::,..-. ' Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-4 I I I SGC-1 SGC-2 I SGC-3 SGC-4 I SGC-5 SGC-6 I SGC-7 SGC-8 I SGC-9 I SGC-10 SGC-11 I SGC-12 SGC-13 I SGC-14 SGC-15 I SGC-16 I I I I I I I I SUPPLEMENTAL GE:NERAL CONDITIONS INDEX .~ Drawings SGC-1 SGC-1 SGC-1 SGC-1 SGC-1 SGC-1 SGC-1 SGC-2 SGC-2 SGC-2 SGC-2 SGC-2 SGC-2 SGC-2 SGC-2 to SGC-3 SGC-3 Field Office Facilities Rights-of-Way Estimate of Quantities . Existing Structures and Utilities Contractor's Breakdown of Lump Sum Payment Items Prior Use by Owner Cleaning Up Maintenance of Traffic Maintenance of Access Erosion Control and Restoration of Property Bypassing Sewage Safety and Health Regulations Pre-construction Conference Program Manager for the Project Contractor's Liability Insurance I I I I I I I I I I I I I I I I I I I SUPPLEMENTAL GENERAL CONDITIONS SGC-01. DRAWINGS: The Owner will furnish to the Contractor, free of charge, five copies of drawings and specifications necessary for the execution ofthe work. Location of all features of the work included in the Contract are indicated on the Contract Drawings. Note: The Contract Drawings are listed under Special Condition SC- 02., LIST OF ORA WINGS:. SGC-02. FIELD OFFICE FACILITIES: The Contractor shall provide, at a point convenient to the work, suitable office facilities for housing records, plans and contract documents. A telephone shall be provided at the Contractor's office for expediting the work and be made available for the use of the Engineer. A complete and up-to-date set of the plans and specifications shall be available at the field office at all times that the work is in progress. SGC-03. ' RIGHTS-OF-WAY: The Owner will furnish all land and rights-of-way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights- of-way as speedily as possible. But it is possible that all land and rights-of-way may not be obtained as herein contemplated before construction begins, in which event the Contractor shall begin his work upon such land and rights-of-way as the Owner may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way. Should the Owner be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the Owner; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the Owner. SGC-04. ESTIMATE OF QUANTITIES: The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed -reasonably necessary or desirable by the Owner to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. SGC-05. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work, The Contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. SGC-06. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimati~g of payments due on all progress estimates. SGC-07. PRIOR USE BY OWNER: Prior to completion of the work, the Owner may take over the operation and/or use of the uncompleted project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents, ' SGC-l .. _.k.. .-_ ;,_..' -s;.;.. -"" : _. ~......-- ~~~-;- U.~; .._-"_:-_, : . ~:-~~~.~.,.-.~;'3 _.~~,~.....;......~....,;. ~- :~~--......... ~:tA,~ ,SGC-08. CLEANING UP:. ; The Contractor shall keep the premises free from the C!ccumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, 'surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. . ' SGC-09. MAINTENANCE OF TRAFFIC: In any work within the public right~of-way, the Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part orby the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. SGC-10. MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to business establishments during all time they are open for business, to churches, schools and other institutions during the time they are open and to all residential and other occupied buildingsor'facilities at all times: Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked, SGC-11. EROSION CONTROL AND RESTORATION OF PROPERTY: The Contractor will' be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction, Any areas disturbed during, the course of construction shall be restored to a condition equal or better than the original condition. SGC-12. BYPASSING SEWAGE: The Contractor will be required to schedule and coordinate construction sequences and to use temporary construction and other approved methods which will minimize the bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or streams will not be permitted. SGC-13. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL31-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). SGC-14. PRE-CONSTRUCTION CONFERENCE: A pre-construction conference shall be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents, SGC-15 PROGRAM MANAGER: CH2M HILL will be the Program Manager for the project. Address is 380 Bay St., Ste 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 SGC-2 I I I I I I I I I I I I I I I I I I I, . other'entiti~'S;,and"dtrtfot reNeve-the CGNTRACTuR or any otrfer entity oFtheir 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. SGC-16. CONTRACTOR'S LIABILITY INSURANCE: The CONTRACTOR shall secure a Builders Risk All Risk insurance policy for the full replacement value of all PROJECT work including the value of all onsite OWNER-furnished equipment and / or materials associated with PROGRAM MANAGER'S services. Such policy shall include coverage for loss due to defects in materials and workmanship and errors in design, and shall provide a waiver of subrogation as to PROGRAM MANAGER and the construction contractor(s) (or OWNER), and their respective officers, employees, agents, affiliates, and subcontractors. A copy of the policy shall be provided to the OWNER. Insurance shall be written with limits of liability shown below or as required by law, whichever is greater: · Commercial General Liability (per occurrence) Each Occurrence · General Aggregate · Products · Personal & Adv Injury · Fire Damage · Automobile Liability (any auto) · Excess Liability (Umbrella) · Workers Compensation · Employer Liability Combined Single Limit Each Occurrence Statutory Limits $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 500,000 $1,000,000 $5,000,000 $ 1,000,000 SGC-3 I I I I I I I I I I I I I I I I I I I SPECIAL CONDITIONS INDEX SC-1 Scope SC-1 SC-2 List of Drawings SC-1 SC-3 Protection of the Environment SC-1 SCA Temporary Toilets SC-1 SC-5 Plans and Specifications Furnished SC-1 to SC-2 SC-6 Record Drawings SC-2 SC-7 Existing Structures SC-2 SC-8 Salvage Material SC-2 SC-9 Referenced Specifications SC-2 SC-1Q Traffic Control SC-2 SC-11 Construction Order and Schedule SC-2 SC-12 Inspection and Testing of Work SC-2 to SC-3 SC-13 Substitutions SC-3 SC-14 Sanitary Sewer Overflow Prevention SC-3 to SC-4 I I I I I I I I I I I I I I I I I I I SPECIAL CONDITIONS SC-01. SCOPE: The project referred to in the Agreement shall consist of the construction of water system improvements, hereinafter referred to by project name as US Hwy 1 Water System Improvements (Bath-Edie Rd - Etterlee Dr). SC-02. LIST OF DRAWINGS: The following drawings, prepared by James G. Swift & Associates comprise the plans for the project: ' Cover Sheet - Overall Cover Sheet - Bath-Edie Road Deans Bridge Rd - Sta. 0+00 to Sta. 18+00 Deans Bridge Rd - Sta. 18+00 to Sta, 36+00 Deans Bridge Rd - Sta. 36+00 to Sta. 54+00 Deans Bridge Rd - Sta. 54+00 to Sta. 72+00 Deans Bridge Rd - Sta. 72+00 to 90+00 Bath-Edie Rd - Sta. 0+00 to Sta. 18+00 Bath-Edie Rd - Sta. 18+00 to Sta. 36+00 Bath-Edie Rd - Sta. 36+00 to Sta. 52+00 Soil Erosion & Sediment Control Details - Water Main Installation Details Cover Sheet - Etterlee Drive Etterlee Dr - Sta. 0+00 to Sta.18+00 Etterlee Dr - Sta. 18+00 to Sta. 36+00 Etterlee Dr - Sta. 36+00 to Sta. 55+50 Tree Haven Rd - Sta. 0+00 to Sta. 17+00 Details Construction Quantities 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 SC-03. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material into the stream beds of water courses adjacent to the project. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. SC-04. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construCtion work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only thes~ toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. . n SC-05. PLANS AND SPECIFICATIONS FURNISHED: The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct blue line prints together with a like number of complete bound specifications for construction purposes. Additional SC-l - . - sets of plans and/or specifications will be furnished to the Contractor at the' co-sfofrep:rbCItfctidh' upon his written request. SC-06. RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction. Satisfactory progress toward the preparation of the record drawings shall be a condition of approval of monthly payment estimates. At the completion of construction, prior to submittinq his estimate for final payment. and as a condition for payment thereof. three copies of the record drawings, satisfactorily completed, will be transmitted to the Engineer. SC-07. EXISTING STRUCTURES: Where sidewalks, street signs, private signs, walls, sidewalks, fences, etc, are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. SC-08. SALVAGE MATERIAL: All grates, railroad ties, cobblestones, granite curbing, manhole frames and covers, will remain the property of the Owner and will be stockpiled at , in the manner directed by the Engineer. SC-09. REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein, The inclusion of the latest edition or revision of the referenced specification or standard is intended. SC-1 O. TRAFFIC CONTROL: Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration, Edition of 1978. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta-Richmond County Fire and Police Department of any street closures. SC-11. CONSTRUCTION ORDER AND SCHEDULE: 1. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified. 2, After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: A. Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time, B. A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the contract time. C. A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. 3. With each request for payment the Contractor shall submit two copies of the bar chart clearly marked to show the work completed at the date of the payment requested. SC-12.INSPECTION AND TESTING OF WORK: The Owner shall provide sufficient competent engineering personnel for the technical observation SC-2 I I I I I I I I I I I I I I I I I I I and testing of the work~ The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspections. Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or the culling over or removal of defective materials or for any other purpose requiring discharge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor, nor for the safety of the job. If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply. If any work should be covered up without review or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of re-examination and replacement. If such work is not in accordance with the Contract Documents, the Contractor shall pay such cost. SC-13. SUBSTITUTIONS: Notwithstanding any provision of the 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. SC-14. SANITARY SEWER OVERFLOW PREVENTION: The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. The CONTRACTOR will submit an Emergency Response Plan prior to beginning work, This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The ERP wil.1 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. In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and marr~,tenance, if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: - 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2, Immediately notify the Utilities Department dispatcher (706.796.5000) and the 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 SC-3 the'CONTRACTOR and estimates of the discharge volume. The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate. If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the Superintendent of Construction and Maintenance, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. .-/ SC-4 I I Revision OAte August 2001 I \1 ~ ') GENERAL CONDITIONS .' ARTICLE I--DEFINITIONS I Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: I Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by OWNER to prospective Bidders prior to the time of opening of Bids. -I Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein, I I Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or 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, I Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents, I Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. I I Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of 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. I Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work), I Contract Time-The number of days (computed as provided in paragraph 17,2,1) or th,~.c;late stated in the Agreement for the completion of the Work, ,.'- I I 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, I Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. I Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faul~ or GC-1 Page 1 of 52 I Revi.lli.on Date August. 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 ifno such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia, Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division I of the Specifications, Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders, Notice ofAward-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents, OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission, Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work, PROGRAM MANAGER - The professional firm or individual designated as the representative or the OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program, Project-The total construction of which the Work to be provided under the Contract DO~<2.uments may be the whole, or a part, as indicated elsewhere in the Contract Documents,'" Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof, Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically pre~ared GC-2 Page 2 of 52 I I Revision Date August 2001 I I 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 Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as appiied 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, I I Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor, 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 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 ~hich 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 CONTRAC,TOR on or after the Effective Date ofthe 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 Revillion Dat.e August 2001 - ARTICLE 2-PRELlMINARY MATTERS Delivery of Bonds: 2,1, When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents, Copies of Documents: 2,2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work, Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed, A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2.4, CONTRACTOR shall begin the Work on the date the Contract Time commences, No Work shall be done prior to the date on which the Contract Time commences, Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2,5, Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements, CONTRACTOR shall promptly report in writing to PROFESSI0NAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby, CONTRACTOR shall be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof, 2,6, Within ten days after the Effective Date of the Agreement (unless otherw!s,e specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER>'for review: 2.6,1, an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2,6,2, a preliminary schedule of Shop Drawing and Sample submissions, and 2.6,3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction, Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission, . GC-4 Page 4 of 52 I I I I I I . :; .~:>,;., ' Revision Date August 2001 2,7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which OWNER may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER. PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: I I I I I I I I I 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, 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 . GC-5 Page 5 of 52 . - - Revision Dat.e Augu9t 2001 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: "".';'I""~~~-' 3,1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR . concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia, 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, 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, CONTRACTQJ3 shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereOY'and shall obtain a' written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof, Amending and Supplementing Contract Documents: 3,6, The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3,6,1, a formal Written Amendment, 3,6,2. a Change Order (pursuant to paragraph 1 O,3), or GC-6 . Page 6 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August. 2001 3.6.3. a Work Change Directive (pursuant to paragraph 10.4). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3,7,1. a Field Order (pursuant to paragraph 9,5). 3,7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6,26), or 3,7.3, PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4), Reuse of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written. verification or adaptation by PROFESSIONAL. :!,-,::.-~..-;.. . GC-7 Page 7 of 52 Reviaion Date A.uguet 2001 ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4,1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12, The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4,2,1, Explorations and 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,Rre (1) subsurface or otherwise concealed physical conditions which differ materially from those indicate'd in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions, 4,2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable ,adjustment in the Contract Price or Contract Time, or both, If the OWN ER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing, The Work Shilll be GC-8 Page 8 of 52 I I I . I I I I I I I I I I I I I I I I Revleion Date A.ugust :lOOl performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4,3,1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others, Unless it is otherwise expressly provided in the Supplementary Conditions: \ 4,3,1,1, OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2, The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6,20 and repairing any damage thereto resulting from the Work, the cost of all of which will be 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 reasonablyhave 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 Reference Points: .....:.- 4.4. OWNER shall provide Engineering surveys to, establish reference points for cOnstruction which in PROFESSIONAL's judgment are necessary _ to enable CONTRACTOR to proceed with the Work, CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL , whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: . GC-9 Page 9 of 52 Revision Date A.ugust 2001 4,5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site, OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible, 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6,22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing), OWNER shall promptly consult with PROFESSIONAL concerning the necessity for 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 b,e resumed, either party may make a claim therefor as provided in Articles 11 and 12, 4,7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work, If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12, OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.7.1 The provisions of 4.2 and 4,3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site, ..::~ -::_".~' . GC-10 Page 10 of 52 I I ,I I I I I I I I I I I I, I I I I I " Revision Date AUgU8t 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 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 generar-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 'CONT-RAC'TOR's employees; . GC-11 Page 11 of 52 I - Revilllon Date Augun 2001 I 5.3.3, Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; . - - 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3,5, Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5,3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5,3,7. Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance, All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that .the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13,12, In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4, The comprehensive general liability insurance required by paragraph 5,3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6,32 and 6,33, OWNER's Liability Insurance: 5,5, OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract D~cuments, 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 ottire 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 Revision Date August 2001 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 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 ~r additional insured parties. I I 5.8, All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5,7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with Raragraph of 5.11,2. 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, I I I 5,10, If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. I I Waiver of Rights: I 5.11,1, OWN ER 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 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. ,n, ,- I . I GC-13 Page 13 of 52 I - - Rovi.ion Date AUgUBt 2001 Receipt and Application of Proceeds: 5,12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13, OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such . agreement as the parties in interest may reach, If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5,13, OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach, If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5,14, If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2,7, If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5,6 and 5,7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7, OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization-Property Insurance: 5,15, If OWNER finds it necessary to occupy or use a portion or portions ot: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 emPcloyees and agents from and against all liabilities, claims, suits, demands, damages, losses, ~nd GC-14 Page 14 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5,16.2, In any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them maybe liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or . other employee benefit acts. . 5.16,3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys' fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights, ~:..,~, . GC-15 Page 15 of 52 I Revision D4te August 2001 I ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES I . 6,1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills 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 ~ROFESSIONAl's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9,14 or 9,15, Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto, _ . GC-16 Page 16 of 52 I I ,I I I I I I I I I I I I I I I I I Revision Date August JOOI Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipmentof 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 equipm,ent 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 useasthat 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 orutilize 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. PR.oFESSIONAL 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 ornot 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 ,hay!'l_ re~~~_Q..able objection, CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to fur~!sh or perform any of the Work against whom CONTRACTOR has reasonable objection. . GC-17 Page 17 of 52 I Revision Date August 2001 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, I IlII iiiii ~ - 6,9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions, Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations, 6,10, The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade, 6,11, All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5,11, CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5,6 and 5,7, Patent Fees and Royalties: 6,12, CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed,.by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights, Permits: 6,13, CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution 'of the WOrk, All permit costs shall be included in the base bid, Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions, Any delays associated with the permitting ..:' . GC-18 Page 18 of 52 I I I I I I I I I I I I I I I I I I I Ravillion Date A.ugust. ~OOl process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. . Laws and Regulations: 6,14,1. CONTRACTOR shall give all notices and comply with all laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any laws or Regulations, 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing, Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16, CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work, Should any claim be made against OWNER or PROFESSIONAL by any such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of 'PROFESSIONAls, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work, ~.~..._~. 6.17, During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work, At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents, 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: . GC-19 Page 19 of 52 Revision Date August 2001 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 OWN ER. 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: 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. C9NTRACT08_~hall give PROFESSIONAL prompt written notice if CONTRACTOR believes that anysignificant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines thal a GC-20 Page 20 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August :Z001 change in the Contract Documents is required because of the action taken in response to an emergency, 'a Work Change Directive or Change Order be issued to document the consequences of the changes or variations. '., . 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because' of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action, Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require, The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples, Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions, CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved, CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents, 6,24,1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL, A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensatfon for delay will be allowed, .....=., .- 1"'.:'" .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, 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 . GC-21 Page 21 of 52 I Revislon Date August :lOOt I I 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. I I 6.28, Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6,30, CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15,6 or as CONTRACTOR and OWNER may otherwise agree in writing, Cleaning Up: 6,31, CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminants resulting from the work on a daily basis or as required, At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations, In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents, Indemnification: 6,32, To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily 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 ~ny _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. . GC-22 Page 22 of 52 I I I I I I 1 I I I 1 I I I I) I I I I Revision Oat.e Augullt 2001 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 Oi 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. ~~:r... . GC-23 Page 23 of 52 Revilll0n Date AlJ9lJlIt 2001 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 aided OWNERs or let other direct contr~cts therefor which shall contain General Conditions similar to these, If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7,1,2, CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility OWNERs and other contractors, 7,2, If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results, CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work, Coordination: 7.4, If OWNER contracts with others for the performance of other work on the Project 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 Revision Date A.ugust ~OOl 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 respQnsibilities 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 - Revision Date August 2001 - - ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION - - OWNER's Representative: 9,1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9,2, PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work, PROFESSIONAL's efforts will be directed toward providing for 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 interpfetation 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 ma~e 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 I I I' I 1 I I I Revision Dat.e August 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 connec.tion with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc" see Article 14. Determinations for Unit Prices: 9,10, PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise), PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision, Decisions on Disputes: 9,11, PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will rende,l.in writing within a reasonable time, Written notice of each such claim, dispute and other matter will be delivere~d 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 oT 52 Revision Date August 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, .-~'"'..~ . GC-28 Page 28 or 52 I I I I I I I I I I I I I I I I I I I Revision Date August. :lOOl ARTICLE 10..CHANGES IN THE WORK 10,1. Without inValidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifYing the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12, If the proposal request calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents, 10,2, Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6, The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents, 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4, In the absence of an agreement as provided in 10,3, OWNER may, at its sole discretion, issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11,3, The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Work Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless 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. :~.1i' GC-29 . Page 29 of 52 Revision Date August 2001 ARTICLE 11-CHANGE OF CONTRACT PRICE 11,1, The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work, All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2, The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim, Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11,3, The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11,3,1, Designated Unit Price (Field Measure), CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents, 11,3,2, When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents, 11,3,3, Other Unit Prices, For items not designated in the bid proposal as unit prLc,es, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. --2" 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 reasonable price, in accordance with 11.4 through 11,6, CONTRACTOR shall perform the Work as directed in the GC-30 Page 30 of-52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise maybe 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 arid 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 fli'e' other provisions of the Contract Documents insofar as applicable, 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including'the following: 11.4.5,1, The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work, GC-31 Page 31 or 52 . . - - - - - Revision Oate Augul!lt 2001 "- 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. . - - 11.4,5,3, Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements, The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work, . 11.4,5.4, Sales, consumer, use or similar taxes related to the Work, and 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: .." ."ro" 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, 11,5.2, Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's GC-32 Page 32 of-52 I I I I I I I I I I I I I I I I I I I Revision Date August 1001 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 arid maintain the same (except for the cost of premiums covered by subparagraph 11.4,5,9 above). 11,5,5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property, 11,5.6, Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4, CONTRACTOR's Fee: 11.6, CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11,6,1, a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2, a fee based on the following percentages of the various portions of the Cost of the Work: 11,6,2.1. for costs incurred under paragraphs 11.4,1 and 11.4,2, CONTRACTOR's Fee shall be fifteen percent, 11,6.2.2, for costs incurred under paragraph 11.4,3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.3, 11,6.2.3, no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4,5 and 11,6,2.4. the amount of credit to be allowed by CONTRACTOR to OWNER fotany such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and 11.6.2,5. when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11,6,2,1 through 11.6.2.4, inclusive. 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net GC-33 Page 33 of-52 Revision Dete August. :;Z001 decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease, In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup, Cash Allowances: 11,8, It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11.8,1, The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11,8,2, CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, No demand for additional payment on account of any thereof will be valid, Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11,9,1, Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price, Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9,10, 11,9.2, Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item, 11,9,3, Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase, GC-34 Page 34 of>> 52 I I I I I I I I I I I I I I I I I I I ARTICLE 12--CHANGE OF CONTRACT TIME Reviaion Date A.ugust 2001 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2, If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in th'e 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 Revision Date 1\ugust 2001 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 CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week, For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, ' testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense, .~.=:.. 13,5, All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified), 13,6, If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice, GC-36 Page 36 c:1f 52 I I I I I I I I I I I I I I I I I I I Revision Date August ~OOl 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, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the 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 partof 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, as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected, All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. GC-37 Page 37 of' 52 . . ii - - Revision Oat.e August. 2001 - One Year Correction Period: II 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 machli'1ery 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 fA 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract. Documents, including any requirements of the progress schedule, PROFESSIONAL may 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, OW N ER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price, If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order, ~\':,." GC-39 Page 39 of' 52 !II !~ ~ - - Revision Cat.e August 2001 - - - .... ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14,1. The schedule of values established as provided in 2,9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager, Progress payments on account of Unit Price Work will be based on the number of units completed, Application for Progress Payment: 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONALfor 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. CONTRACTOR's Warranty of Title: 14,3, CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens, Review of Applications for Progress Payment: 14.4, PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application, OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONtRACTOR amount recommended, . 14,5, PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF- ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price - GC-40 Page 40 of- 52 I I I I I I I I I I I I I I I I I I I Reviaion Dat.e AUgUBt 2001 _ 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 such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14,7,1, the Work is defective, or completed Work has been damaged requiring correction or replacement. 14,7,2, the Contract Price has been reduced by Written Amendment or Change Order, 14,7,3, OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13,14, or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15,2.1 through 15,2,9 inclusive, OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action, Substantial Completion: 14,8, When CONTRACTOR considers the entire Work ready for its intended us~~,.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 recejp! oJ. th~Jentative certificate during which to make written objection to PROFESSIONAL as to any GC-41 Page 41 of 52 I .. - Revision Date AU9uat. 2001 - !!! provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers. the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. = -- - 14.9, OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14,10, Use by OWNER at 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, 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 ahdcCONTRACTOR, 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 Page 42 c1f 52 I I I I I I I I I I I . I I I I I I I I Reviaion Dat.e August 2001 Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work, 14,10,3, No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5,15 in respect of property insurance. 14,10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Final Inspection: 14,11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies, Final Application for Payment: 14,12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5,2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments, The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by OWNER, CONTRACTOR may 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'nave been paid or otherwise satisfied, If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 14,12,1, No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONT!3_~gT9f(to any of GC-43 Page 43 CII 52 - Revision O.ate August :2001 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. " ...,.,t~~1;Sji~""", 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 adcordance 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 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), G C-44 Page 44 or 52 I I I I I I I I I I I I I I I I I I I Reviaion Date August 2001 Waiver of Claims: 14,16, The making and acceptance of final payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14,11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. '".:';, GC-45 Page 45 of 52 I - iiii II Revision Date August 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 trom 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 c1f 52 I I I I I I I I I I I I I I I I I I I Revillion DAee August 2001 CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished, If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15,3, In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. 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 orJault of CONTRACTOR, the Work is suspended for a period of more than GC-47 Page 47 c1f 52 I . . - Revision Date August 2001 . - 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 carryon the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. = - GC-48 Page 48 ~ 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 . ARTICLE 16..DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers' pertaining to claims shall be filed in quadruplicate, Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (1 O) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address, 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richm9nd County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same, GC-49 Page 49 of' 52 Revision Date August ~oal ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1, Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17,2,1, When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation, 17,2,2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day, General: 17,3, Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage, The provisions of this paragraph 17,3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose, 17.4, The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13,1, 13,12, 13,14, 14,3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply, All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17,5, CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours, OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation, GC-50 Page 50 efT 52 I I I I I I I I I I I I I I I I I I I Revision D~te August 2001 17.6, The Contract Documents are intended by the Parties to, and do, supersede any and all provisions ,of the Georgia Prompt Pay Act, O.C.G.A, Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same, Substitutions: 17.8. ,Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. Sanitary Sewer Overflow Prevention: 17.9, Procedures to Prevent Overflows During Sanitary Sewer Construction: 17,9,1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited, 17,9,2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work, This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation, The ERP will include estimates of mobilization time for a response crew to arrive onsite, Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. 17.9,3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass, All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State, 17,9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17,9.5 In the event of a discharge of untr~ated wastewater, the CONTRACTOR will take the following actions: 1. Take immediate steps toeliminate or minimize the discharge of untreated wastewater, 2, Immediately notify the Utilities Department dispatcher (706,796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). ' 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if GC-51 Page 51 or 52 I Revision Dace August 2001 I I ... appropriate, 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 11= ~~ - 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 on site 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 Page 52 c1f 52 I I I I I I I I I I I I I I I I I I I INDEX TO TECHNICAL SPECIFICATIONS CLEARING AND GRUBBING GRADING CONCRETE CONSTRUCTION STEEL REINFORCEMENT GRASSING FLOWABLE FILL' WATER DISTRIBUTION SYSTEMS (Section 14A) EXCAVATION, TRENCHING AND BACKFILLING FOR PIPE LINES (Section 14-C) 1 2-5 6-7 8-9 10-11 12-13 14-1 - 14-19 14-38 - 14-42 I I ,I' I I I I I I I I I I I I I I I I - CLEARING AND GRUBBING SCOPE: Clearing and grubbing shall consist of the removal and disposal of all trees, brush, stumps, logs, grass, weeds, roots, decayed vegetable matter, post, fences, stubs, rubbish and all other objectionable matter resting on or protruding through the original ground surface and occurring within the construction limits or right-of-way of any excavation, borrow area, or embankment. CONSTRUCTION METHODS: Clearing: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the satisfactory disposal of the trees and other vegetation together with the down timber, snags, brush and rubbish occurring within the areas to be cleared. Trees and other vegetation, except such individual trees, groups of trees, and vegetation as may be indicated on the drawings to be left standing, and all stumps, roots and brush in the areas to be cleared shall be cut off one foot above the original ground surface. Individual trees and groups of trees designated to be left standing within cleared areas shall be trimmed of all branches to such heights and in such manner as may be necessary to prevent interference with the construction operations. All limbs and branches required to be trimmed shall be neatly cut close to the bole of the tree or to the main branches, and the cuts thus made shall be painted with an approved tree-wound paint. Individual trees, groups of trees, and other vegetation, to be left standing, shall be thoroughly protected from damage incident to construction operations by the erection of barriers or by such other means as circumstances require. Clearing operations shall be conducted so as to prevent damage by falling trees to trees left standing, to existing structures and installations, and to those under construction, and so as to provide for the safety of employees and others. Grubbing: Grubbing shall consist of the removal and disposal of all stumps, roots and matted roots from the site as indicated on the drawings, In foundation areas, stumps, roots, logs or other timber, matted roots, and other debris not suitable for foundation purposes shall be excavated to a depth not less than 18 inches below any subgrade, shoulder or slope. All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall' be refilled with suitable material and compacted to make the surface conform to the surrounding ground surface. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Saw logs, pulp wood, cord wood or other merchantable timber removed incidental to clearing and grubbing shall become the property of the Contractor and may be sold by him provided such disposal is otherwise in accordance with these specifications, All combustible matter removed shall be hauled away and deposited at locations approved by the Engineer. Combustible matter may be burned or may be disposed of as stated above. If allowed by the appropriate governmental a,uthorities, burning shall be done at such time and such manner as to prevent fire from spreading and to prevent damageto adjacent cover and shall further be subject to all requirements of State or Federal Governments pertaining to the burning. Disposal by burning shall be kept under constant attendance until all fires have burned out or have been extinguished. No burning will be allowed on the site unless all fires be kept under constant attendance by persons having equipment necessary to prevent the spreading of fires, Such equipment shall include, at the minimum, a bulldozer or front-end loader, and an approved pump and hose connected to an acceptable source of water. MEASUREMENT AND PAYMENT: 'Where not specified, any required clearing and grubbing shall be considered a part of the water main installation and shall be included in the water main unit price as set forth in the Bid Schedule. -1- I ii GRADING . - - SCOPE: This area covers grading for the roadways, dam, retention pond, parking areas, drives, and/or walks, including all excavations, formation of embankments, preparation of subgrade for pavements and finishing and dressing of graded earth areas, shoulders, and ditches. Work in connection with excavation, trenching, and backfilling for utility lines is specified under the section entitled "Excavating, Trenching, and Backfilling for Pipe Lines" . - CONSERVATION OF TOPSOIL: Except where otherwise noted on the plans, topsoil shall be removed without contamination with subsoil and spread on areas already graded and prepared for topsoil, or shall be transported and deposited in storage piles convenient to areas that are to receive application of topsoil later, or at locations indicated. Topsoil shall be stripped to a depth of 3 to 6 inches and, when stored, shall be kept separate from other excavated materials and piled free of roots, stones, and other undesirable materials, EXCAVATION: The term "excavation" used hereinafter is defined as "unclassified excavation". Excavation of every description regardless of material encounter within the grading limits of the project, shall be performed to the lines and grades indicated. Suitable excavated material shall be transported to and placed in fill areas within the limits of the work, When directed, unsuitable material encountered within the limits of the work shall be excavated below the grade shown and replaced with suitable material. Materials considered unsuitable are those conforming to Classes PT, OH, CH, MH, OL, CL, or ML as described under the Unified Soil Classification System, Such material removed and the selected material ordered as replacement shall be included in excavation. Unsuitable and surplus excavation material not required for fill shall be disposed of in designated waste or spoil areas on or near site and to be determined by the Owner and/or Engineer, During construction, excavation and filling shall be performed in a manner and sequence that will provide drainage at all times, Any necessary clearing, grubbing, grassing, disposal of debris and satisfactory trimming and drainage of the spoil areas other than provided for in the Bid Schedule shall be considered incidental to the wasting operations and shall be performed by the Contractor at no additional cost to the Owner, SELECTION OF BORROW MATERIAL: General: Borrow material shall be selected to meet the requirements and conditions of the particular fill for which it is to be used. The material shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash and any other deleterious material. Any necessary clearing, grubbing, disposal of debris and satisfactory trimming and drainage of the borrow areas shall be considered incidental to operations of the borrow excavation and shall be performed by the Contractor at no additional cost to the Owner. Unless specifically provided, no borrow shall be obtained within the limits of the project site without written approval. Borrow Area(s): Borrow material shall be furnished by the Contractor from private sources selected by the Contractor and shall consist of a suitable material of the type mentioned above. The Contractor shall obtain from the Owners the right to procure material, shall pay all royalties and other charges involved, and shall bear all the expense of developing the sources, including right-of-way for hauling. EXCAVATION DITCHES: Ditches shall be cut accurately to the cross-sections and grades indicated by the drawings. All roots, stumps, and other foreign matter in the sides and bottom of ditches shall be cut one foot below finish grade, Care -2- I I I I I I I I I I I I I I I I I I I shall be taken not to over excavate ditches below the grades indicated. Any excessive ditch excavation due to removal of roots, stumps, etc., or due to over-excavation shall be backfilled to grade either with suitable material, thoroughly compacted, or with suitable stone or cobble to form an adequate finished surface as directed. The Contractor shall maintain all ditches excavated under this specification free from detrimental quantities of leaves, sticks, and other debris until final acceptance of the work. Suitable earth material excavated from ditches and channel changes shall be placed in embankments. Excavated material shall not be deposited within a distance from the edge of any excavation of less than 1 Y2 times the depth of the excavation. When storm drain pipe terminates in a new ditch, the headwall or end section together with ditch treatment shall be constructed immediately as called for on the plans. Ditch slopes and disturbed earth areas shall be grassed as required under section entitled "Grassing". The Contractor shall be responsible for maintaining these newly constructed ditches and take immediate action subject to approval to keep erosion out of the ditch bottom and slopes to a minimum during the life of the contract. No additional compensation will be given to the Contractor for the required maintenance. PROTECTION OF EXISTING SERVICE LINES AND UTILITY STRUCTURES: Existing utility lines that are shown on the drawings or the locations of which are made known to the Contractor prior to the excavation that are to be retained, as well as utility lines constructed during excavation operations, shall be protected from damage during excavation and backfilling, and if damaged, shall be repaired by the Contractor at his expense. In the event that the Contractor damages any existing utility lines that are now shown, or the locations of which are not known to the Contractor, report thereof shall be made immediately to the Engineer. If determined that repairs are made by the Contractor, such repairs will be ordered under the clause of the GENERAL CONDITIONS of the Contract entitled CHANGES. BACKFILL ADJACENT TO STRUCTURES: Backfill adjacent to structures shall be placed and compacted uniformly in such a manner as to prevent wedging action or eccentric loading upon or against structures, Slopes bounding or within areas to be backfilled shall be stepped or serrated to prevent sliding of the fill. During backfilling operations and in the formation of embankments, equipment that will overload the structure in passing over the compacting of these fills shall not be used. Backfill for storm drains and subdrains, including the bedding, shall conform to the additional requirements as specified. PREPARATION OF GROUND SURFACE FOR FILL: All vegetation, such as roots, brush, heavy sods, heavy growth of grass, and all decayed vegetable matter, rubbish 'and other unsuitable material within the area upon which fill is to be placed shall be stripped or otherwise removed before the fill is started. In no case will unsuitable material remain in or under the fill area unless specifically allowed by the Engineer. Sloped ground surfaces steeper than 1 vertical to 4 horizontal on which fill is to be placed shall be plowed, stepped or benched, or broken up as directed,' in such manner that the fill material will bond with the existing surface. Prepared surfaces on which compacted fill is to be placed shall be wetted or , dried as may be required to obtain the compaCtion specified. FILL: Fills and embankments shall be constructed at the locations and to the lines and grades indicated. The completed fill shall correspond to the shape of the typical section indicated or shall meet the requirements of the particular case. Suitable material removed the excavation shall be used in forming the fill. Fill material shall be reasonably free from roots, other organic material and trash, and from stones having maximum dimensions greater than 6 inches. No frozen material will be permitted in the fill, Stones having a maximum dimension larger than 4 inches shall not be permitted in the upper 6 inches of fill or embankment. The material shall be placed in loose depth for the full width of the cross section and shall be compacted as required. -3- COMPACTION: Overall or Overlot Areas: Each layer of the fill or embankment except in the areas indicated as not requiring compaction, shall be compacted by rolling with an approved tamping roller, heavy rubber-tired roller, three- steel wheeled power roller, vibratory roller or other compaction equipment, whichever is best suited for the types of soil encountered, as approved, to at least 95 percent of maximum density at optimum moisture content. Field Control: In areas where the density of the fill or embankment is specified, field density tests will be performed in sufficient number to insure that the specified density is being obtained. These tests will be made at the expense of the Contractor and will be in accordance with AASHO Standard T147. FINISHED EXCAVATION. FILLS AND EMBANKMENTS: All areas covered by the project, including excavated and filled sections and adjacent transition areas, shall be uniformly smooth graded. The finished surface shall be reasonably smooth, compacted, and free from irregular surface changes. The degree of finish shall be that ordinarily obtainable from either blade-grader or scraper operations, supplemented with hand raking and finishing, except as otherwise specified. The finished surface shall be not more than 0.10 foot above or below the established grade or approved cross section. Ditches and gutters shall be finished so as to permit adequate drainage, The surface of areas to be grassed shall be finished to a smoothness suitable for the application of grassing materials. The surface of embankments or excavated areas for road construction or other areas to be paved on which a base course or pavement is. to be placed shall not vary more than 0.05 foot for the established grade and approved cross section. In areas where the bulking of soil as a result of grassing operations will tend to retard surface drainage along the edge of pavements, the finished grades shall be left 0,1 foot below grade prior to grassing, DISPOSAL OF WASTE MATERIAL: All vegetation, roots, brush, sod, unbroken pavements, curbs and gutter, rubbish, and other unsuitable or surplus material stripped or removed from the limits of construction shall be disposed of off the site, except where otherwise approved in writing by the Engineer, All trees, stumps, brush down timber, etc. in the disposal area shall be cleared and shall be disposed of by burning, removal from the property or a combination of both, Cl:Efg and disposal of trees, stumps, etc. shall comply with the applicable portions of the Clearing and Grubbing specifications. The complete layer of topsoil in the entire disposal area shall be removed before placing the surplus excavation, Surplus excavation shall be hauled to the designated stripped disposal area, leveled to drain and firmed under the normal operation of spreading and hauling equipment. The topsoil shall then be placed, leveled and lightly compacted, PLACEMENT OF TOPSOIL: Topsoil shall be placed on all shoulders, slopes, ditches, and other earth areas graded under this contract, excluding borrow areas, unless otherwise specified on the plans, Topsoil shall be uniformly placed on these areas to a compacted depth of not less than three (3) inches or more than four (4) inches, The material shall be free from clods of soil, matted roots, roots greater thanY2 inch in diameter, and any other objectionable material which might hinder subsequent grassing and mowing operations, The material shall be placed, leveled, and lightly compacted with at least one pass of a cultipacker or light pneumatic-tired roller, to required cross sections, but shall be left one- tenth (0.1) of a foot below the finished earth grade, PROTECTION: Newly graded areas shall be protected from traffic and from erosion, and any settlement or washing away that may occur from any cause, prior to acceptance, shall be repaired and grades re-established to the required elevations and slopes, at no additional expense to the Owner. -4- I I I I I I I I I I I I I I I I I I I MEASUREMENT AND PAYMENT: Excavation of all substances encountered, except rock excavation as stated in the Proposal, shall be included in the water main installation unit price as set forth in the Bid Schedule. Placement of fill and anyon-site or off-site wasting of excess excavated material will be considered as subsidiary responsibilities of the Contractor, and no separate payment will be made therefor. -5- CONCRETE CONSTRUCTION. SCOPE: This section covers concrete construction, complete, including reinforcement therefor. FORMS: Forms shall be of wood, metal, structural hardboard or other suitable material that will produce the required surface finish. Forms placed for successive pours for continuous surfaces shall be fitted to accurate alignment to assure a smooth surface completely free from irregularities, and shall be sufficiently tight to prevent the loss of mortar. No forms shall be left permanently in place without approval of the Engineer. Holes resulting from removal of form ties shall be filled solid within 12 hours after removal of forms with cement mortar. REINFORCING AND EMBEDDED METALS: Bar reinforcement shall be intermediate grade new billet steel conforming to the requirements of the ASTM Designation A 15-65. All bars 3/8 inch and larger shall be deformed bars conforming to ASTM Designation A305-65. Detailing, fabrication and tagging of reinforcement shall be done in accordance with the ACI"Manual of Standard Practice for Detailing Reinforced Concrete Structures" (ACI 315), except that were longer laps are indicated on the design drawings, the drawings shall govern. Wire fabric reinforcement shall consist of steel wire conforming to the requirements of ASTM Designation A 185-64. Anchor bolts and structural shapes shall conform to ASTM Designation A36-66T, Exposed surfaces of embedded steel shall be given one shop coat of Red Lead Iron Oxide conforming to Federal Specification TT-P-86c, Type II, unless otherwise noted on the drawings, Anchor bolts and miscellaneous steel items to be embedded in concrete shall be accurately placed in accordance with the drawings, and adequately secured in position to prevent dislodgement during concrete placing operations. Anchor bolts shall be protected after concrete has been placed and set by daubing with grease, wrapping with burlap, and covering bolts with wooden boxes. CONCRETE: All concrete shall be equivalent to ready mix concrete manufactured and delivered in accordance with the requirements of ASTM Designation C94-65 and having a compressive strength at 28 days of 3,000 psi, except as noted herein. The concrete manufacturer shall assume the responsibility of the design of the concrete mix in accordance with Alternate No.2 of ASTM C94-65, Air entrained concrete shall be used for all concrete exposed to the elements, Materials: Cement shall be Type lor IA "Portland" cement, all one manufacturer, conforming to ASTM C150-65 or ASTM C175-66, respectively. Aggregates shall conform to ASTM C33-64, Coarse aggregate shall be crushed rock or gravel and graded from 3/4 inch to #4 sieve for walls and slabs and from 2 inches to #4 sieve for mass or foundation concrete, Fine aggregate shall be natural sand, Mixing water shall be proportioned so that slump when measured with standard slump cone does not exceed the following: Slabs in grade Walls & Footings All others 4 inches 5 inches 3 inches 3 inches 6 inches 3 inches -6- I I I I . . I I I I I I I I I I I I I I Premolded joint filler strips shall be resilient compressive, bituminous and fiber material saturated with at least 35 percent and not over 50 percent by weight of asphalt. Poured type joint composition for expansion joints shall be elastic compound made up of asphalt and colloidal mineral fillers. Placing Concrete: Runways for wheeled equipment shall be provided to convey concrete. Runways shall not be supported on the reinforcement. Concrete shall be placed and compacted in layers not over 24 inches deep. Vibrators may, be used provided they are used under experienced supervision and the mixture is dry enough to prevent segregation. Form vibrators shall not be used. Vibration shall not be used for transporting or moving concrete inside the forms. No more concrete shall be placed than can be consolidated and finished in the same day as placed. Free fall of concrete shall be limited so that no segregation of materials occurs. Joints: Construction joints not indicated on drawings shall be approved by the Engineer in advance of pour. Joints in foundation walls shall be keyed. Before depositing of concrete is resumed, the hardened surface shall be roughened, cleaned of foreign matter and thoroughly wetted but not saturated. The cleaned and wetted surfaces shall be slushed with a coating of neat cement grout against which the new concrete shall be placed before the grout has attained its set. Finishing: After stripping forms, all voids and honeycombs shall be patched by chipping and scarifying the defective area and treating it with an approved bonding tended that all such voids be patched, not merely plastered. Grout mixture shall consist of 1 part Portland cement and 1 part sand, Immediately following removal of forms, all fins and irregular prqjections shall be removed from all surfaces except those which are not to be exposed or waterproofed. Slabs shall be struck-off and consolidated by approved machine or hand methods, screeding and tamping concrete so that upon completion, the surface shall be true to grade as shown on drawings and free of surface voids. All floors shall have a monolithic steel trowel finish unless otherwise indicated on the drawings. Exterior walks shall be compacted, screeded and floated to a true even surface with wood floats and then broomed. PAYMENT: No separate payment will be made for the work performed under this section, Payment will be included in the prices for the items of which concrete construction is an integral part. -7- STEEL REINFORCEMENT SCOPE: The work shall consist of furnishing and placing steel reinforcement for reinforced concrete or pneumatically applied mortar. MATERIALS: Steel reinforcement shall conform to the requirements of ASTM A-615 having a yield strength of 40,00 psi. Before reinforcement is placed the surface of the bars and any metal supports shall be cleaned to remove any loose, flaky rust, mill scale, oil, grease or other coatings or foreign substances. After placement, the reinforcement shall be maintained in a clean condition until it is completely embedded in the concrete. BAR SCHEDULE, LIST AND DIAGRAMS: Any supplemental bar schedules, bar lists or bar-bending diagrams required to accomplish the fabrication and placement of reinforcement shall be provided by the Contractor. Prior to placement of reinforcement, the Contractor shall furnish three prints or copies of any such lists or diagrams to the Engineer. Acceptance of the reinforcement will not be based on approval of these list or diagrams but will be based on inspection of the reinforcement after it has been placed. BENDING: Reinforcement shall be cut and bent in compliance with the requirements of the American Concrete Institute Standard 315. Bars shall not be bent or straightened in a manner that will injure the material. Bars with kinks, cracks or improper bends will be rejected. SPLICING BAR REINFORCEMENT: Unless otherwise specified on the drawings, splices of reinforcing bars shall provide an overlap equal to at least 29 times the diameter of the smaller bar in the splice but not less than 12 inches. SPLICING WELDED WIRE FABRIC: Welded wire fabric shall be spliced in the following manner: A. Adjacent sections shall be spliced end to end by either: (1) Overlapping the two pieces of fabric one full mesh (measured from the ends of the longitudinal wires in one piece to the ends of the longitudinal wires in the other piece) and securing the two pieces together with wire ties placed at intervals. of 18 inches; or, (2) Overlapping the two pieces of fabric so that the end crosswire of each piece comes in contact with the next-to-end crosswire of the other piece and securing the two pieces together only as required to keep the fabric in place and prevent it from curling, B. Adjacent sections of fabric shali be spliced side to side by either: 1.1 Placing the two selvage wires (the longitudinal wires at the edges of the fabric) one alongside and overlapping the other and securing the two pieces together with wire ties placed at intervals of 3 feet; or, 1.2 Placing each selvage wire in the middle of the first mesh of the other section of fabric and securing it to the other section at intervals of 10 feet by means of wire ties placed on the selvage wires alternately at intervals of 5 feet; or 1.3 Placing the selvage wire in contact with the next-to-edge longitudinal wire and securing them together only as required to keep the fabric in place or to prevent it from curling, -8- I I I I I I I I I I I I . . I I I I I I PLACING: Reinforcement shall be accurately placed and secured in position in a manner that will prevent its displacement during the placement of concrete. Tack welding of bars will not be permitted. Metal chairs, metal hangers, metal spacers and concrete chairs may be used to support the reinforcement. Metal hangers, spacers, and ties shall be placed in such a manner that they will not be exposed in the finished concrete surface. The legs of metal chairs that may be exposed at the lower face of slabs or beams shall be galvanized. Precast concrete chairs shall be manufactured of the same class of concrete as that specified for the structure and have tie wires securely anchored in the chair or a V-shaped groove at least 3/4 inch in depth molded into the upper surface to receive the steel bar at the point of support. Precast concrete chairs shall be moist at the time concrete is placed. Reinforcement shall not be placed until the prepared site has been inspected and approved by the Engineer. After placement of the reinforcement. concrete shall not be placed until the reinforcement has been inspected and approved by the Engineer. MEASUREMENT. PAYMENT: No separate payment will be made for work performed under this section. Compensation therefor will be considered as included in the prices shown in the Bid Schedule for the various items to which Steel Reinforcement is an incidental element. -9- GRASSING SCOPE: This section covers the furnishing of all labor and materials and the performance of all work required to assure the establishment of a dense permanent cover of common Bermuda grass on all areas of the site disturbed by construction operations. SEED BED PREPARATION: Final grades will be established as shown on the plans prior to any seed bed preparation. Washes, low spots and hillocks or windrows will be evened and the bed will be smoothed to facilitate uniform drainage after establishment of the turf before tillage is begun. Graded surfaces will be maintained in a smooth and even condition until the required cover is established. , After the areas to be seeded have been brought to an even and smooth grade, they shall be thoroughly loosened to a depth of at least six (6) inches by plowing, disking, harrowing, or other approved methods until the tillage is acceptable as suitable for seeding. During tillage operations, the surface shall be cleared of all roots, cable, wire, or other waste material which might hinder final grading, planting, or subsequent maintenance operations, Any operations of the Contractor, shall be smoothed out before seeding operations are begun, FERTILIZATION: Fertilization shall be distributed uniformly at a rate of 1,500 pounds of commercial 10-10-10 analysis fertilizer per acre, and shall be incorporated into the soil to a depth of approximately three (3) inches by disking, harrowing, or by other approved methods. The incorporation of fertilizer may be apart of the tillage operation specified above, or a part of the hydroseeding procedure as described below: Immediately following, or simultaneous with, the incorporation of fertilizer, lime shall be distributed at the rate of 2,000 pounds per acre and shall be incorporated into the soil to a depth of at least three (3) inches by disking, harrowing or other acceptable methods, The incorporation of lime along with the fertilizer may form a part of the tillage operation specified above. Not less than 30 days after completion of seeding, the Contractor shall furnish and apply Nitrate of Soda or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be commercial product, containing not less than 16 percent Nitrogen and Ammonium Sulphate not less than 20 percent Nitrogen. The Nitrogen fertilizer shall be uniformly spread and distributed with approved equipment at the rate that will give not less than 60 pounds of available Nitrogen per acre, Other commercial types of nitrogenous material may be substituted at the option of the Contractor. The time of application shall be limited to the season of June through August. SEEDING: Permanent grass cover will consist of Common Bermuda seeded in accordance with one of the following methods: Between the dates of April 15 and September 15, Hulled Common Bermuda seed shall be applied at a rate of 20 pounds per acre and Brown-Top Millet seed shall be applied at a rate of 50 pounds of seed per acre. If seeding is undertaken between September 15 and April 15, Unhulled Common Bermuda seed shall be applied at a rate of 40 pounds of seed per acre simultaneously with Ryegrass seed at a rate of 50 pounds per acre, Seed may be applied by means of a Hydroseeder or other means approved by the Engineer, COMPACTION: Immediately after seeding operations have been completed, the areas shall be compacted by means of a cultipacker, roller wood float, or other approved equipment sufficiently weighted, or compacted by hand methods, to reduce air pockets to a minimum. The completed planted areas shall be left with a firm, even surface, free from -10- I I I I I, I I I I I I I I I I I I I I abrupt humps and hollows, and to the established grade. MULCHING: All areas planted to permanent grass shall be uniformly mulched with hay or straw at the ate of 1 Y2 tons per acre, except where hydroseeding is employed using a cellulose mulch mixed with the seed and fertilizer. ACCEPT ANCE: Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and weeds are not dominant. APPLICABLE SPECIFICATIONS: Included by reference in this section are the requirements of Section 700, Grassing, Standard Spepifications for Highway Construction of the Georgia Department of Transportation, latest Edition. MEASUREMENT . PAYMENT: Work performed under this section will be paid for at the lump sum price for Grassing appearing in the Bid Schedule. Payment therefor will include full compensation for all materials, labor and equipment required to establish the required permanent stand of grass, -11- FLOWABLE FILL SCOPE: The work covered by this section of the specifications consists of furnishing all labor, equipment, appliances, and materials, and in performing all operations in connection with the installation of flowable fill work, complete, in strict accordance wit this specification and applicable drawings, and subject to the terms and conditions of the Contract. FLOWABlE Fill MIX DESIGN: The mixes fall into the categories of "very flowable" and "less flowable," which is controlled by the amount of water that is added. The less flowable mix should be used when it is desirable to put traffic back on a roadway quickly (usually 8 to 10 hours) or when being used to backfill pipes which could "float" out of position due to the buoyant effect of the very flowable fill mix. This mix will still self-consolidate around pipes without any "honeycomb" areas, Adding water to flowable fill to obtain the desired plastic characteristics will not compromise the quality of the hardened flowable fill. Less Flowable Mix (Mix 1) WEIGHTS VOLUME REFERENCE Min. 50lbs, Cement 0,25 ASTM C150, Type I or II Min. 600 Ibs, Fly Ash 4,24 ASTM C618, Class C SSD 2500 Ibs. Sand 15.17 55 gal. 458 Ibs. Water 7.34 Clean, potable, < 500 ppm chlorides Total Cubic Feet = 27.00 Above values are based on specific gravities - cement 3,15, fly ash 2.27, sand 2.64, and water 1.00. Anticipated unconfined compressive strength is 80 psi at 28 days and 150 psi at 56 days, INSTAllATION OF FlOWABLE Fill: The trench shall be prepared and the pipe joints placed as normal. There should be at least 6 inches of flowable fill above any utility lines. Once the pipe is covered, it will be sufficiently anchored and water may be added to the remaining flowable fill to ease placement without danger of floating the pipe. If it is important to quickly return traffic to the roadway, the flowable fill mixture shall not be altered by the addition of water. The flowable fill may be discharged directly from the ready-mix truck into the space to be filled, or by other methods approved by the Utilities Department representative. The mix may be placed in part depth or full depth as conditions at the site dictate. Formed walls or other bulkheads shall be constructed to withstand the mounded soil rather than wood or metal forms, When backfilling utility lines, flowable fill shall be distributed evenly to prevent any movement of the line. The material is self-consolidating, and there is no need to use vibrators, Finishing can be accomplished with a square shovel if the fill surface is at the bottom of pavement or with a wood float if the surface will be temporarily used as a finished surface. Once flowable fill is in the trench, the self-consolidating material displaces the extra water not needed for maximum density. Provision shall be made for this "bleed water" to run off and away from the surface of the hardening flowable fill (use of vapor barriers such as plastic sheets is not desired). The material will usually support foot traffic within an hour after the bleeding ends, Typically, full traffic can be allowed on the hardened flowable fill -12- I I I I I I I I I I I I I I I I I I I within 8 to 20 hours (depending on site conditions, volume to be backfilled, etc.) without damage to the fill or any structures below. If it is necessary to return traffic in less than 8 hours or if there is concem that traffic ftow ill "rut" the hardening ftowable fill, steel plates shall be used to bridge over the hardening ftowablefill as directed by the Utilities Department representative. If the filled cavity is too wide to bridge, steel plates shall be placed on top of the hardening ftowable fill as soon' as it is able to support foot traffic (one hour after bleeding ends), and full traffic can be allowed without damage to the fill or the structure below. As the extra water is displaced from the consolidating ftowable fill, there will be an initial subsidence of about one-eighth (1/8) of an inch per vertical foot. Once the ftowable fill hardens, there will be no future settlement. The hardened ftowable fill can be shaped to grade the next day to allow the patch thickness required. The patch may be applied directly to the cured flowable filL It will be the responsibility of the Contractor to furnish the necessary information to obtain approval of the mix design and to use the necessary construction techniques to assure that the finished material will perform as intended. PAYMENT: All items included in these Specifications shall be paid for at the unit prices shown in the bid schedule. No separate payment will be made for items not shown. -13- I, I I I I I I I I I I I I I I I IH- I I ~.. . ON SECTION 14A WATER DISTRIBUTION SYSTEMS BASIS FOR DESIGN: Design shall conform to the requirements as set forth in "Minimum Standards for Public Water" (latest version) as published by the Georgia Environmental Protection Division (www.dnr.state.ga.us/dnr). A Professional Engineer registered in the State of Georgia must prepare the plans and specifications. , There shall be no physical connection between a potable water supply and a questionable water supply which would allow unsafe (contaminated) water to enter the potable water system by direct pressure, vacuum, gravity or any other means. Hydraulic designs shall be based upon pressure data applicable to the portion of the service area, which will serve the proposed facility. Air release valves in vaults shall be provided at all high points in the water main as required by the Utilities Director. All water distribution systems shall be looped to the greatest extent possible. Water mains shall have a minimum nominal inside diameter of 8 inches. 6-inch mains will be allowed in single-family residential subdivisions where the system is looped. Water mains having an inside diameter of less than 6 inches will not normally be considered. During construction when deviations from approved plans are desired, the Augusta Utilities Department's Inspector shall be notified. Revised plans shall be submitted as soon as possible to the Augusta Utilities Department for approval. Minor changes not affecting capacities, flows or operation may be allowed in the field during construction by the Utilities Department's Inspector. The Inspector shall have final authority as to what constitutes a minor or major change. An approved set of Record Drawings clearly showing any changes shall be submitted to the Augusta Utilities Department Inspector at the completion of the work and prior to sign-off of the final plat. The Contractor/Developer is responsible for verifying the exact location, size and material of any existing water facility proposed for connection or use by the project. All phases of construction must be completed in accordance with the Erosion and Sedimentation Act 12-7-1 et seq., and no water main must be installed on or in close proximity of an abandoned landfill site or any site used for waste disposal. All work that occurs in the public right-of-way shall comply with the Augusta-Richmond County Planning Commission "Development Documents" (latest version) and Public. Works Department's Right-of-Way Encroachment Guidelines (latest version), Any field Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14,1 - ... ~ . !!!!! changes that occur in the public right-of-way and are not specifically related to water or sewer items shall be coordinated with the Public Works Department. ;== DESIGN STANDARDS FOR WATER MAINS: 14.1 COVER 14.1.1 Standard depth of cover is 4 feet below existing and proposed road surface (and areas designed for normal traffic loading) unless otherwise approved by the Augusta Utilities Department. 14.1.2 Minimum cover to finished grade over water mains shall be 36 inches. Minimum cover under ditch bottoms shall be 24 inches, These must be approved by the Augusta Utilities Department on a case-by-case basis, 14.2HORIZONTAL SEPARATION 14.2,1 Ten (10) feet to any existing or proposed sanitary sewer/force main, stom1 sewer or sewer manhole (less than 10 feet requires pipe material to be Ductile Iron Pipe (DIP) for both Water Main and Sewer/Force !\1ain), 14.2.2 Fifteen (15) feet to buildings, top of bank of lakes/streams/creeks, other structures (10 feet absolute minimum - only when unavoidable, and pipe material is required to be DIP), 14,2,3 Ten (10) feet minimum separation to gas mains, 14,2.4 Ten (10) feet minimum to underground electric cable. 14,2,5 Cun'ent Georgia EPD separation requirements, 14,2,6 All separation distances above are edge to edge, 14.3 VERTICAL SEPARATION 14,3,1 Water main shal1 cross over other pipes, 14.3.2 Eighteen (18) inch minimum separation (edge to edge) between all pipes and cables shall be maintained (6 inch absolute minimum separation with DIP) when conforming to Georgia EPD separation requirements. 14,3.3 When water mains cross under sewers, additional measures shal1 be taken, At least 18 inches of separation between the bottom of the se\ver and the top of the" Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-2 I I I I I I I I I I I I I I I I ~ . water main shall be provided. Adequate structural support for the sewer to prevent deflection or settling on the water main. The joint of water pipe shall be centered at the crossing. Encasement of the water pipe in concrete shall also be ' considered. 14.4 LAYOUT 14.4.1 Normal location of proposed water lines is on the north side of east-west streets, and the east side of north-south streets. 14.4.2 For existing County roads, the proposed water line will generally be located five (5) feet inside the right-of-way. For existing State roads, the proposed water line must be located five (5) feet inside the right-of-way. Unusual circumstances may warrant deviation. The location of the water line will be detelmined, also, by the, location of the existing lines to be tied into at the beginning and end of the project. 14.4,3 For subdivisions, the proposed water line shall be located four (4) feet from the back of the curb. Where ditches are present beside the curb, refer to the Right-of- Way Encroachment Guidelines (latest version) published by the Public Works Department. 14.4.4 Wherever possible, avoid laying water line on the same side of the road as the gas lines. 14.4.5 Water service lines for residential development shall be located at the center of lot. 14.4.6 Dead ends shall be minimized by making appropriate tie-ins whenever practical. Pem1anent dead ends wi 11 not be accepted unless unavoidable. Dead ends shall be equipped with a fire hydrant. If, under special circumstances, where water lines smaller than six (6) inches in diameter are accepted, an approved blbwoff shall be required for flushing purposes. A minimum of two 22-1/2-clegree bends shall be required on 6" and larger waterlines in cul-de-sacs and shall be shown as such on plans. I I I 14.4.7 All water mains shall be placed in right-of-\yay areas or dedicated easements. All easements shall ailow adequate area to construct and maintain the water line and appurtenances involved, Permanent easements shall be a minimum of 15 feet wide with line installed in center of easement. Permanent easements shall be provided. as needed to serve adjacent property, even if the water line is not installed at that time. If the line has not been installed to future serve adjacent property, a larger easement than the minimum may be required to construct future e Augusla Utilities Department September 2000 Design Standards & Construclion Specifications 14-3 ~ ~ line. Easement agreements shall be specific to state that no permanent structures may be constructed within the limits of permanent easements. 14.5 WATER MAIN MATERIAL Water mains shall be either ductile iron pipe (DIP), polyvinyl chloride (PVC), or galvanized pipe as outlined below. Any pipe, solder and flux used during installation of the water lines and services must be "lead-free" with not more than 8% lead in pipe and fittings, and not more than 0.2% lead in solders and flux, DIP shall be centrifugally cast and shall conform to A WW A C 1501 ANSI A21.50 (latest version) for design and A WW A C 1511 ANSI A21.51 (latest version) for manufacture. \ PVC pipe 6 inch to 12 inch diameter shall confonn to A WW A C900 (latest version), PVC pipe 14 inch to 36 inch diameter shall confom1 to A \VW A C905 (latest version). For water mains 6" through 16", DIP Pressure Class 350 shall be allO\ved, For water mains 18" through 24", DIP Pressure Class 300 shall be allowed. PVC C900 (most current date), Class 200, SDR-14 with cast iron equivalent a.D,s, gasket bell end with elastomeric gaskets shall be allowed for water mains 6" through 10" (solvent \veld joints are not permitted). Galvanized pipe shall be seamless, American made, Schedule 80 and shall conform with the ASTM Specifications, Flanged DIP shall have threaded ductile iron flanges and shall confom1 to the requirements of A WW A C 115 (latest version), All flanges shall be Ductile Iron Class 150, ANSI B 16,5 (latest version), Flanges shall be flat faced and all joints shall use 1/8 inch black neoprene full-faced gaskets, Ductile iron pipe and fittings shall have bituminous coating outside and shall be cement lined in accordance with AWWA Cl04/ANSr A21A (latest version), DIP shall have 1116" cement mortar lining with rubber gasket push-on joints or mechanical joints. Mechanical joint glands shall be ductile iron, Tee bolts and nuts shall be Cor-Ten steel. Rubber gasket joints shall confom1 to A WW A C 1111 ANSI A21.11 (latest version), and shall be furnished by the pipe manufacturer with the pipe. A non-toxic vegetable soap lubricant shall be supplied with the pipe in sufficient quantities for installing the pipe, The lubricant shall be approved by NSF for use with potable water mains, Pipe classes designated previously in this standard are minimum allowed, Actual pipe class shall be determined based upon the installation and the use intended, Pipe shall be appropriately labeled on the drawings, All PVC pipe for potable water service shall bear the approved stamp of the National Sanitation Foundation, Copper wire (12 gauge, bare single strand) shall be attached along the top of all buried PVC water lines, wrapped around service corporations and stubbed up into all valves boxes for locating purposes, 14.5,1 DIP shall be required in the following circumstances: 14.5.1.1 Within 10 feet of sanitary and storm pipes. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14,4 - - ~ . I I I I I I I I I I I I I I I I I I I ..G_.~ ON o 14.5.1.2 Within 15 feet of structures (near side of concrete footing), or top of bank of lakes/streams/creeks. 14.5.1.3 Crossings over or under sewers, gas and storm pipes with less than 18 inches separation, with no joint allowed within 10 feet of crossing. 14.5.1':4 Beneath all paved areas, excluding driveways or sidewalks. 14.5.1.5 Within project boundaries of subdivisions with private roads where the Utilities Department will take over the line for operations and maintenance. 14.5.1.6 Along all state right-of-ways. 14.5.2 The Utilities Director may mandate DIP in any instances of off-site or on-site construction where future abuse to the line is possible due to location or circumstances. 14.5.3 Restrained Joints shall be DIP as follows: For l2-inch and Smaller - Restrained joint shall be U.S. Pipe Field Lok, American Ductile Iron Pipe Lok-Fast, EBAA Iron Mega-Lug, or an equivalent product. For 14-inch Diameter and Larger - Restrained joint shall be U.S, Pipe TR Flex, American Ductile lron Pipe Lok-Ring, or equivalent product. If inserting in older cast iron pipe, the restrained joint shall be as approved by the Augusta Utilities Depmiment. Retainer Glands/Mega-Lug shall not be considered a fitting. The restraint method shall be suitable for the pipe size thickness and test pressure as required for the specified design case, The plans shall indicate the restrained length of pipe each side of the fittings, 14.5.4 Jack and Bore IJ1stallations: Casing pipe used with jack and bore shall be in accordance with requirements of the Georgia Department of Transportation (GDOT) or railway specifications and Section 14C Excavation & Backfilling of these sp~cifications., Carrier pipe shall be restrained joint DIP as outlined in paragraph 14.5.3. Augusta Utilities Department September 2000 Design Standards & Construction SpeciFications 14,5 ~\lG . OR Directional Bore Installations: Directional bores will be considered as a viable alternative to jack and bore installation under Augusta-Richmond County roadways. The Utilities Director will review each case for materials and construction methods. 14.5.5 Mains may be tapped as long as the tapping line is smaller than the tapped line unless otherwise approved by the Augusta Utilities Department. See Section 14.9 for service tap requirements. Equal size line connections approved by the Augusta Utilities Department shall require that a tee be cut into the main where possible. Tees are also required at locations dictated by the Utilities Director. Tapped connections in pipe and fittings shall be made in such a manner as to provide a watertight joint and adequate strength against pull-out. Tapping Sleeves and Valve shall be ductile iron, mechanical joint. Tapping sleeves and valves are required for all taps 4 inches and greater. Taps less than 4 inches shall be provided with a service saddle meeting the requirements of Section 14,9. Valves shall be provided on all taps. Tapping sleeves shall be a minimum of 6 feet from pipe joints, 14.5,6 Schedule 40 PVC shall only be used as sleeves for the installation of service line tubing under all pavement areas, Use in the water distribution system or other areas are not acceptable, 14.5,7 Unspecified transitions from DIP to PVC are not allowed, Material for transition shall be indicated and specified and must be approved by the Augusta Utilities Department. 14,5,8 All construction material shall be first quality, not previously used, Repair clamps are not acceptable. Damaged or faulty pipe and materials must be properly replaced, All gaskets shall be new. When connecting to existing valves or fittings, gaskets shall be replaced, not reused, 14.5,9 The Engineer shall provide a complete set of shop drawings, which shall indicate the Augusta Utilities Department's specific material requirements. In general, material requirements will be guided by the latest versions of the specifications of A WW A, ANSI, ASTM, and NSF. 14.6 \V A TER MAIN SIZE The minimum size of water main shall be 6 inches unless otherwise approved by the Utilities Director. However, a professional engineer shall justify the size of the pipes with a hydraulic network analysis. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14,6 .. - iiiii - .... " I I I I I I I . The new water main shall have the ability to meet maximum daily demands plus fire flow requirements as mandated by Georgia EPD "Minimum Standards for Public Water Systems" (latest version) and the Augusta Fire Marshal. The residual design pressure under all conditions shall not be less than 20 psi. 14. 7 VAL YES, FITTINGS AND APPURTENANCES . . Valving of all water distribution systems shall be designed to facilitate the isolation of each section of pipeline between, intersections of the network. Generally, the number of valves at an intersection shall be one less than the number of pipes forming the intersection. Gate valves, 4 inches to 12 inches, shall be the' resilient seat type confom1ing to A WW A C509 (latest version). Valves larger than 12 inches shall be gear operated butterfly valves, conforming to A WW A C504 (latest version). Wafer valves shall not be accepted. Valves shall generally be installed at intervals of not more than 2,000 LF on transmission mains and on all primary branches connected to these mains, Where possible, a valve shall be installed next to a fire hydrant for locating purposes. In high density areas (25 dwelling units), valves shall be installed as necessary to minimize the number of persons affected by a water main break, \ I I I I I I I I I I I The Utilities Director shall detennine which mains are distribution or transmission, Valves shall OPEN LEFT if installed south of Gordon Highway (SR 10), or OPEN RlGHT if installed north of Gordon Highway, Valves shall be provided with valve stem extensions to within 6 inches of ground surface, where centerline of pipe to grade is greater than 4 feet. Valve boxes shall be M&I-I E-2702, Mueller HI 0364 or approved equal. Each valve box shall be'slip-type to adjust for a minimum cover of 36" bury. The flanged base of the valve box shall be at least six (6) inches above the pipe so not to stress water lines 4" and smaller. Extension pieces will be required for additional depth over valves, Extensions shall be M&H E-3] 20 or Mueller 1-1-] 0375. Covers shall have "W A TER" cast on top. All valves, bends, tees, crosses and dead ends shall be restrained by a mechanical resti-aint systems as outlined in Paragraph 14.5.3., or by use of a concrete thrust block in those instances that warrant such an installation, Thrust blocks shall be poured-in-place concrete having a minimum compressive strength of 3,000 psi after 28 days of cure time. Calculations for restrained joints shall be provided by the design engineer. Soil bearing value shall be 2,000 psfmaximum. Lower values shall be used when soil is poor qua'lity. All materials, fittings and appmienances intended for use in pressure pipe systems shall be designed and constructed for a minimum working pressure of 150 psi unless the specific application dictates a higher working pressure requirement. Standard pressure pipe fittings of size four (4) inch TO and larger shall be ductile iron conforming to A'0lW A CI53 (latest version), with mechanical joints unless flanged or · Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14.7 ;= ..- ~ @) restrained joints are required. Gray cast-iron fittings are not allowed. Ductile iron fittings shall be cement lined in accordance with A WW A C 104 (latest version). Mechanical joint fittings, 24 inches and smaller shall be rated for 350 psi working pressure. Flanged joint fittings 24 inches and smaller shall be rated for 250 psi working pressure. All fittings 30 inches and larger shall be rated for 250 psi working pressure. For sizes less than four (4) inch ill, fittings shall be suitable to the pipe material and application. Glands for mechanical joint fittings shall be ductile iron, and tee bolts and nuts shall be Cor-Ten steel. Only bolt systems furnished by the manufacturer for mechanical joints are acceptable; nuts and bolts shall be new, not reused, Pipe gaskets shall be new as supplied by the pipe manufacturer. All flanges shall be ductile iron Class 150, ANSI BI6.5. All flanges shall be flat faced. Full face, 1/8 inch black neoprene gaskets shall be used on all flanged joints. All joints shall confoffil to A WW A Clll (latest version). Bolts, nuts and washers for flanges shall be hot dip galvanized, except T- bolts shall be Cor-Ten steel. List of Speci fications: ANSI/ A WW A C 151/ A21.51-96 4-FEB-1996 or latest version American National Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water ANSI!AWWA CI50/A21.50-96 1996 or latest version American National Standard for Thickness Design of Ductile-Iron Pipe ANSI! A WW A C 115/ A21,15-94 1994 or latest version American National Standard for Flanged Ductile-Iron Pipe With Threaded Flanges ANSI/AWWA Cl11/A21.11-95 1995 or latest version American National Standard for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings ANSVAWWA C153-98 1998 or latest version American National Standard for Ductile-Iron and Gray-Iron Fittings, 3 in, through 48 in, (75 mm through 1200111111), for Water and Other Liquids ANSI/ A WW A C 1 04/ A21.4-95 1995 or latest version American National Standard for Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water 14.8 FIRE HYDRANTS Fire hydrants shall be provided in all ",,rater mains, transmission and distribution systems, Accepted models are Mueller #A-24018, M&I-I Figure 29T A WW A Compression Type- · Augusla Utilities Department September 2000 Design Standards & Construction Specifications 14,8 I I I I I I I I I I I I I I I I I I I @)iJC . .- o \, Dry Top-Traffic Model 150 psi working pressure, 300 psi testing pressure. Kennedy K- 81D will also be accepted, ' All fire hydrants shall be ordered safety yellow body with white bonnet and caps. Fire hydrants shall be spaced such that the radius of protection will not be more than 500 feet. In certain areas, closer spacing may be required by the , Fire Marshal. Each hydrant shall be left turn opening and capable of delivering a flow of at least 500 gallons per minute with a residual design pressure of not less than 20 psi, or a higher flow as required by the Fire Marshal. Multiple fire hydrants with looped mains and/or larger main sizes may be required to provide water for higher flow demand. Flow tests shall be performed to verify the specified fire flow demand. Fire hydrants shall be of the dry barrel break-away type conforn1ing to A WW A C502 (latest version), with two 2 Y2 inches threaded hose nozzles and one 4 Y2 inch threaded pumper nozzle. Hose and pumper nozzle threading shall be national standard. Show connection 'shall be 6-inch mechanical joint. The center line of the nozzles shall be 18 inches above the finish grade. Hydrants shall have a 5 Y; inch interior valve opening and be restrained from hydrant to tee at the main. At the discretion of the Utilities Director, additional protection for fire hydrants shall be provided including but not limited to concrete filled ductile iron traffic posts, Fire hydrant branches (from main to hydrant) shall be a minimum of 6 inches 10. Each branch shall be provided with a resilient seat gate valve located as close as possible to the main. Hydrants shall be located at or near road right-of-way lines with pumper nozzle pointing toward the road. A clear zone around all fire hydrants shall be adhered to, consisting of a 5 foot radius around the hydrant and 7 feet above the top of the hydrant. Maintain 15 feet minimum from hydrant to all structures, Placement of landscaping, fencing, etc. shall be considered in order to meet this clear zone requirement. List of Specifications: ANSI! A WW A C500-93 1993 or latest version Metal-Seated Gate Valves for Water Supply Service (includes addendum C500a-95 ANSI! A WW A C502-94 1994 or latest version DIy-Barrel Fire Hydrants (includes addendum C502a-95) ANSI! A WW A C503-97 1997 or latest version Wet-Barrel Fire Hydrants ANSI! A WW A C504-94 1994 or latest version Rubber-Sealed Butterfly Valves ~ Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14.9 . I - ~ II. .. ANSVA WW A C507-99 I-DEC-1999 or latest version Ball Valves 6 in. through 48 in. (150 rom through 1200 rom) ANSV A WW A C508-93 1993 or latest version Swing-Check Valves for Waterworks Service, 2 in. (50mm) Through 24 in. (600mm) NPS (includes addendum C508a-93 ANSVAW\VA C509-94 1994 or latest version Resilient-Seated Gate Valves for Water-Supply Service (includes addendum C509a-95) ANSV A WW A C550-90 1990 or latest version Protective Epoxy Interior Coating for Valves and Hydrants 14.9 'VATER SERVICE LINES AND TAPS Tapping sleeves and tapping crosses shall be of a heavy body ductile iron, mechanical joint suitable for a working pressure of 150 psi for sleeves and crosses larger than 14-inch (200 psi for sleeves and crosses equal to or less than 14-inch), as approved by the Augusta Utilities Department. No direct service taps shall be allowed. All service line taps shall be supplied with corporation stops. Service line tubing shall be ro1led of soft continuous and seamless copper Type K conforming to A WW A C800 and ASTM B-88 (latest version), Corporation Stops and Main Connectors: 3/t FBGOO - 3 Ford or Equal I" FBGOO - 4 Ford or Equal Taper Thread Inlet by Flare Copper Outlet Eighth Bends: :;;4" LA02 - 33 Flare 118 Bend 1.1" LA04 - 33 Compression 118 Bend 1" LA02 - 44 Flare 1/8 Bend 1" LA04 - 44 Compression] /8 Bend Minimum size for residential use shall be one (1) inch. The service line shall be laid in a straight line and be of a continuous piece of pipe from corporation to curb cock, The curb cock shall be located 6 inches behind and 8 inches below the top of new curb or edge of asphalt. Where service connects to DIP or any pressure-rated pipe, service saddles must be used. Brass double strap tapping saddles shall be used, U-bolt type straps arc not acceptable. All water service taps on the main shall be spaced at a 11 Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14,10 I I I I I I I I I I I I I . minimum distance of 18 inches apart and a minimum of 18 inches from a bell or fitting. If two or more taps are. required at a minimum spacing, they shall be offset 450 alternatively. Services greater than one (1) inch shall be seamless galvanized. 2" services shall have two 2" 90-degree galvanized elbows per Augusta Utilities' 2 Inch Water Service detail. Services shall not exceed over 100 feet from the main to the meter. Where possible, meter shall be placed in unpaved area as close to the water main as possible. 14.10 METER INSTALLATION The Contractor/Developer shall furnish and install an approved meter box at the tennination point of all water services, and maintain until such time as a meter is installed. Meters will be installed by Augusta Utilities Depatiment at the time services is required at the stub-out. Each unit within a residential building (i.e., duplex, triplex, etc.) shall have a separate meter, unless prior approval is received by the Utilities Director. The proper sizing of service lines is the responsibility of the design engineer. Meters will be available in the following sizes only: 5/8 x 3/4, 1, 1 Yz, 2, 3, 4-inch, and larger standard sizes as necessary. Meter boxes for 1 Yz inch and smaller meters are standard. 2-inch and larger shall be installed in a l11eter vault. The Augusta Utilities Department reserves the right to request historical data for meter sizing. Meter boxes shall be Rome type, 10" x 19" x 10" cast iron box and lid. The top shall have cast ribs on the bottom side with four (4) legs to prevent sliding movement. The box shall have a minimum weight of 37 Ibs" for meters 1 Yz inch or smaller. Meter and curb stop shall be fully encased by the meter box, Meter vaults (for meters 2 inch and larger) shall be fabricated of masonry block or pre-cast reinforced concrete using 3,000 psi concrete and #4 rebar. The access hatch shall be made of heavy duty aluminum, and shall be hinged and lockable. The hatch shall be hlrge enough for removal of the meter but no smaller than 48" x 36", Wall dimensions shall allow 2 fectof working clearance, Vault floors shall be no less than 4 inches thick with 3,000 psi concrete and #4 rebar, with the meter located no less,than 18 inches off the floor. I I The Augusta Utilities Department assumes no responsibility for undersized meters and problems associated with it. All meters will be provided and installed by the Augusta Utilities Department. The meters remain the property of the Augusta Utilities Department. I I Meters should generally be placed 18 inches inside the adjacent utility easement that parallels the right-of-way. Where sidewalk, two feet of clearance is required between the customer's side of the sidewalk edge and the meter box. In developments where the property -line is not clearly defined (e.g" condominiums) the meter should be placed for ready access as approved by the Augusta Utilities Department. Meter and control valves shall be accessible and unobstructed for 4 feet in all directions. This sha1l include but not. I I Augusta Utilities Department September 2000 Design Stanclards & Construction Specifications 14-11 - . be limited to transformers, telephone junction boxes, walls, trees, etc. Meters shall not be placed in areas that can be fenced, such as backyard. Meter boxes shall not be placed in any asphalt or concrete surfaced areas (sidewalks, driveways, curbs, etc.) unless approved in writing by Augusta Utilities. For shopping centers, the developer's engineer should give special consideration to meter layout so as to satisfy these requirements, When no alternative is available but to locate in asphalt, the top of box shall be flush with the asphalt surface, Meters shall not be located in low areas that normally receive storm water. The box shall also be located outside of parking stalls, The box and lid should be traffic bearing, but located outside of a commonly trafficked area. ' 14.11 BACKFLO\V PREVENTION DEVICES Backflow prevention devices shall be provided, as required by the Utilities Director and as set forth in these Standards. All irrigation systems, water services and fire lines for industrial/office/commercial, schools, mobile home parks, multi-family residences and any other locations as determined by the Utilities Director shall require suitable backflow prevention assemblies on the customer side of service lines (domestic, irrigation, and fire). Backflow devices shall be tested by a certified person and the results furnished to the Augusta Utilities Department prior to any water use, Residential development shall install a "Dual Check" Backflow Device on the customer's side of service line at the point of tie-in to the water meter. The plumber or builder tying service into the set meter will submit the test results for the backflow prevention device to the Augusta Utilities Department's Inspector prior to acceptance and any water use. Backflow prevention device assemblies shall be the latest approved product of a manufacturer regularly engaged in the production of this type equipment. All assemblies shall be as approved by the America Society of Sanitary Engineering (ASS E), The American National Standards Institute (ANSI), The American Water Works Association (A WW A), Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California, and the Georgia State Plumbing Code, Type and size of assemblies shall be indicated on the drawings. Backflow prevention device ownership and maintenance responsibilities shall be as set forth in the appropriate ordinances, The Owner shall document yearly that the backflow prevention clevice has been tested annually by a qualified technician, A copy of the technician's certification must be attached to the test results and submitted to the Augusta Utilities Director. Engineer must comply with the Augusta Utilities Department Policies and Procedures for Backflow Prevention by Containment (latest version). A copy of this manllal is available upon request. .. Augusta Utilities Department September 2000 Design Standards & Construction Sp"cifications 14,12 I I I I I I I I I I I I I I I I I I I ~ ~ List of Specifications: ANSI! A WW A C51 0-97 1997 or latest version Double Check Valve Backflow-Prevention Assembly ANSI! A WW A C511-97 1997 or latest version Reduced-Pressure Principle Backflow-Prevention Assembly 14.12 SYSTEM PRESSURES The design engineer 'shall not assume a pressure greater than 35 psi at the meter of detector check valve without confirmation from the Augusta Utilities Department. The design engineer, if possible, should field verify the available pressures prior to finalizing their design. The Augusta Utilities Department does not guarantee or warrant any pressure or flow above what the system can fumish. Augusta Utilities reserves the right to limit water usage for irrigation in the event of drought, or requirement by the Georgia EPD. 14.13 FIRE LINES All fire lines shall have a detector check valve with a 5/8 inch by-pass meter (to detect low flows) within the right-of-way or dedicated easement. No exceptions to the by-pass meter requirement shall be made regardless of sprinkler system type, configuration, etc. CONSTRUCTION: ]4.14 'VATER DISTRIBUTION SYSTEM INSTALLATION Authorization must be obtained from the Augusta Utilities Department to construct, alter or modify a water line. Constmction of water infrastmcture will be authorized by the Utilities Department upon approval of submitted plans and notification of the Augusta Utilities Department at least 24 hours prior to' starting construction (706-772-5503), Where water lines will encroach public 'right-of-way, a Right-of-Way Encroachment Permit approved by the Public Works Department is required prior to construction. A Right-of- Way Encroachment Permit application is available through the Public Works Department (706-821-1706), Installation of water mains and associated appurtenances shall be in accordance with Clm-ent A WW A specifications and manufacturer's requirements for the specific product. Loading or unloading and storage of pipe, fittings, valves, etc. shall be done such that to avoid damage: The interior of all pipe, fittings, valves, etc. shall be kept free of dirt and foreign matter at all times. All piping shall be placed in a dry trench with a stable" Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14.13 ~ . I . iii - - bottom. Wet trench installation shall be allowed only upon written approval of the Utilities Director. . . ii Mechanical restraint systems shall be required at each fitting involving a change of direction and as specified in the approved plans. Concrete thmst blocks will be allowed in lieu of mechanical restraint systems. Backfill shall be free of boulders and debris, and shall comform to Georgia Department of Transportation Specifications. Sharp or rocky material encountered in the base shall be replaced with proper bedding. Pipe shall be laid on line and grade as designed, Pipe joints, gravity blocks, service connections, and conflicts shall be left exposed until visually inspected and approved by the Augusta Utilities Department's Inspector. Fire hydrants shall be installed tme and plumb with the center of the pumper nozzle facing toward the road. Hydrants shall not be placed in the sidewalk. The engineer will be responsible for moving hydrants placed in sidewalks. All valves shall be placed according to plans, Valve stems shall be installed plumb, Valve stem extensions are required as described in Section 14,7, Air relief valves shall be installed at all high points in the water main where air can collect, as shown on the plans or as directed by Augusta Utilities, List of Specifications: ANSI! A WW A CGOO-93 1993 or latest version Installation of Ductile-Iron Water Mains and Their Appurtenances ANSI! A WW A C605-94 30-JAN-1994 or latest version Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water ANSI! A WW A C512-92 1992 or latest version Air Release, Air/Vacuum and Combination Air Valves for Water Works Service 14,14.1 Handling and Storing of Materials: Unload pipe so as to avoid def0l111ation or other injury thereto, Place no pipe within pipe of a larger size, Store pipe and fittings on sills above storm drainage level and deliver for laying after the trench is excavated, Valves shall be drained and so stored as to protect them from freezing. 14,14.2 Pipe Laying (General): The interior of the pipe shall be clean and joint surfaces wiped clean and dry when the pipe is lowered into trench, Lower each pipe, fitting and valve into the trench carefully and lay true to line and without objectionable breaks in grade. The depth of cover below finished grade shall be . Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-14 I 1 I I I I I I I I I I I _GU . o. not less than 3 feet, or as shown on the drawings. Give all pipes a uniform bearing on the trench bottom. Allow no trench water or dirt to enter the pipe after , laying. Insert a watertight plug in the open end of the piping when pipe laying is not in progress. 14.14.3 Boring and Jacking: Where required by the drawings, the water line will be installed in' a steel casing, placed by boring and jacking. Where boring is required under highways or city/county roads, the materials and workmanship will be in accordance with the standards of the Georgia Department of Transportation or local authority. Boring and jacking under railroads will be govemed by the latest A.R.E.A. Standards, Part 5, "Pipelines" and those of the railroad involved. 14.14.3.1 Casing Pipe: The casing pipe shall tonfom1 to the materials standard of ASTM Designation A252, with minimum wall thickness of 0.219 inch. Steel pipe will have a minimum yield strength of 35,000 psi. Casing pipe shall be joined together with welded joints. 14.14.3.2 Carrier Pipe: The can-ier pipe shall be ductile iron as specified herein, 14,14.3.3 Installation: The steel casing shall be installed by the "Dry Bore and Jack" method. If voids develop or if the bored hole diameter is greater than the outside diameter of the pipe by more than approximately 1 inch, remedial measures will be taken as approved by the Engineer. When installing water line through casing, Contractor shall use mechanical joint pipe with retained glands through length of casing. The water main shall be strapped to 8 foot long treated wooden skids with metal straps throughout length of casing. The ends of the casing shall be sealed with brick and mortar. I I I I I I' 14,14.4 Reaction Blocking: All plugs, caps, tees, bends and other fittings shall be provided with adequate reaction blocking as shown on the drawings, Reaction blocking shall be made to bear directly against the undisturbed trench wall. Where trench conditions are, in the opinion of the Engineer, unsuitable for reaction blocking, the Contractor shall provide tied joints to adequately anchor the piping as shown on the drawings. All the rods and clamps shall be given a bituminous protective coating, 14.14.5 Pressure and Leakage Testing: Before any work will be accepted for payment, the Contractor will fill the piping with water, open outlet as necessary for expellii1g the entrapped air. No fire hydrant shall be opened full force during charging operations, Thereafter, furnish the necessary equipment and lest the piping under the supervision of the Engineer for a period of at least 2 hours at not less than 1.25 times the design pressure in pounds per square inch, based upon the highest elevation of the section u,nder test. Pressure tes~ing shall be in accQrdance with the latest A WW A Standard C600, Section 4.]. at 1.5 times the working pressure at the point of testing. Inspect all joints, and remedy to the satisfaction of the Engineer any defects discovered. Continue the test unti I all visible leaks have been eliminated from the part of the system under test, and the pressure ,. Augusta Utilities Department September 2000 Design Standards & Construction Spe::if!cations 14-15 ~ ~ remains constant with a maximum pressure drop of 5 psi for the duration of the test. Immediately following the pressure test, and before any work will be accepted for payment, the Contractor shall perform a leakage test. Leakage is defined as the quantity of water to be supplied into the newly laid pipe, or any valved section thereof necessary to maintain the specified leakage test filled with water to within 5 psi of the test pressure. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the formula: L= S= D= p= ID!P Allowable L= 133a:D leakage in gallons per hour. The length of pipe in the section tested, The nominal diameter of the pipe in inches. The average test pressure during the leakage test in pounds per square inch gauge. The leakage test shall be conducted in accordance with A WW A Standard C-600, Section 4.1 (latest version), 14,14,6 Connection to Existing System: All connections to existing mains shall be made uncleI' the direct supervision of the Augusta Utilities Department's Inspector. Valves on existing mains shall be operated by or under direct supervision of Augusta Utilities Department personnel. Tapping sleeves and valves shall be pressure tested prior to tapping, If service to existing customers must be cut off, the Augusta Utilities Department shall be notified at least three (3) days in advance to make necessary notifications. The Contractor shall disinfect and secure appropriate Utilities Department clearances and samples for any service interruptions which occur as a result of a Contract request for shut down or enol', The clearances shall be obtained within 72 hours of reactivation, If cut-off of service is required, the Contractor shall be ready to proceed with as much material pre-assembled as possible at the site to minimize the length of service interruption, Augusta Utilities reserves the right to postpone service cut- off if, in the opinion of the Utilities Director, the Contractor is not ready to proceed on schedule, No customer should be without water for more than four (4) hours, The Owner/Developer shall arrange for temporary services to Customer if water wi II be shut off for more than four hours, Local chlorination will be required for all pipe and fittings used to complete connections with the potable water system. Tapping sleeves and valves shall be chlorinated in accordance with A WW A requirements, All wet taps shall be witnessed by the Augusta Utilities Department's Inspector. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14,16 I I I - . - . - - - - iiii - . I I I I I I I I I, I I I I I I I I I I .10 - - cr.-- 14.15 CLEANING AND FLUSHING Upon completion of installation, the mains shall be flushed and the water disposed of without creating a nuisance. Flushing must achieve a minimum water velocity of 2.5 fps in all portions of the pipe. The duration of the flushing will be detennined by the Augusta Utilities Department's Inspe'ctor. If, in the opinion of the Augusta Utilities Department's Inspector, there is insufficient water available for proper flushing, the Contractor shall clean the lines by pigging. No flushing or cleaning shall take place without an Augusta Utilities representative present. The existing mains that the new mains are connected to may be required to be flushed under the direction of the Augusta Utilities Department when service is restored, 14.16 TESTING AND DISINFECTION All water mains shall be leak tested, The Contractor/Developer shall provide all equipment, materials and labor necessary for pressure and leak testing. This test must be observed by an Augusta Utilities Department representative and the design engineer. A pumping pressure of 200 psi must be supplied at the expense of the Contractor/Developer. The main tested shall either be isolated from active potable lines or protected from leakage by a double valve arrangement. All water used for pressure testing must be potable water with an adequate chlorine residual. Water lines shall be tested by valve sections. Maximum allowable leakage shall be as detennined in accordance with current A WW A specifications. The standard duration of test is four (4) hours. Testing procedures shall meet or exceed A WW A C600 (latest version) requirements. Any portions of the main which fail the test shall be replaced or adjusted until the entire new main passes the test criteria, The pressure and leakage test shall be clone concurrently. Augusta Utilities shall be notified at least 24 hours in advance to schedule bacteriological testing of water mains. The Contractor shall replace or adjust components of the pipeline which fail the test. Clearance is required, from the Utilities Department before the Augusta Utilities Department will allow the main to be put into service. .. All piping complete with fittings and appurtenances shall be sterilized as specified in the applicable sections of A WWA Specification C651 (latest version) "Disinfecting Water Mains." Piping and appurtenances shall be thoroughly flushed then chlorinated with not Jess than fifty parts per million (50 ppm). Calcium hypochlorite can be used, Water from the existing distribution system or other source of supply should be controlled so as to flow slowly into the newly laid pipeline during the application of chlorine, The solution should be retained in the pipeline :for not less than 24 hours and a chlorine residual of 10 ppm should be available at this time. The system shall then,be flushed with potable water and the sampling program started. Sampling taps and chlorinated water used for disinfection shall be flushed to a location that \vill not damage property, persons, etc., and shall be provided by the ContractorlDeveloper at the expense of the.. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14,17 I .C5 . .- o ii . ContractorfDeveloper. The provisions of this paragraph apply equally to new pipe and fittings and to existing pipelines into which connections have been made or which may have been otherwise disturbed to the extent that contamination may have occurred. All requirements of the health authorities shall be observed in executing this work. The disposal of heavily chlorinated water (following disinfection) must be accomplished in accordance with the latest editions of the A WW A Standard C65l and the EPD's Minimum Standards for Public Water Systems. Two or more successive sets of samples, taken at 24 hour intervals and tested by a State approved private lab, shall indicate bacteriologically satisfactory water and the results submitted to the Engineer. 14.17 \VATERfSE\VER SEPARATION: A 10 foot horizontal separation shall be maintained between water and sewer lines. Where the horizontal separation cannot be met or where water and sewer lines must cross, an 18 inch vertical separation, water over sewer must be maintained, Where the above conditions cannot be met, water and sewer lines shall be cast iron or ductile iron pipe with joints staggered such that maximum separation between joints exists, The water line shall be installed over the sewer line, 14.18 AS-BUILT DRA\VINGS: As the work progresses, record on one set of utility drawings all changes and deviations from the contract drawings in sizes, lines or grade, Record also the exact final location of water lines by offset distances to surface improvements such as edge of existing pavement or to property lines, etc, at a maximum interval of 200 feet. Make sufficient measurements to locate definitely all water lines etc., to permanent points, The drawings will show references to all valves, fittings, pipe brand changes, etc, Transfer accurately all such records in red pencil to white prints of the utility drawings and deliver them to the Engineer with monthly payment estimate, 14.19 MEASUREMENT AND PAYMENT: Payment will be made only for elements in place and tested as follows: 1. Pipelines will be paid for at the unit contract price, per linear foot, for each size, type and class installed, complete, including fittings. No deduction will be made for the laying length of valves and fittings installed within pipelines. . Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-18 I I I I I I I I I I I I I I I I I I I ~ . 2. Valves will be paid for at the unit contract price for each size and type installed. Payment therefore will include box or vault as shown on the plans. 3. Fire hydrants will be paid for at the unit contract price for each size installed, complete with the lead piping, valve, and main tee, in place as shown on the plans. 4. Service lines will be paid for at the unit contract price for each size and type installed, complete as shown on the plans. " Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-19 . I @)GS . .~ - - - - SECTION 14C EXCAVATION & BACKFILLING 14.28 SCOPE This section covers all excavation, trenching and backfilling for pipe lines, complete. 14.29 EXISTING IMPROVEMENTS The Contractor shall maintain in operating condition and protect from damage all existing improvements including utilities, roads, streets, sidewalks, drives, power and telephone lines, gas lines, water lines, sewers, gutters and other drains encountered, and repair to the satisfaction of the Engineer any aerial, surface or subsurface improvements damaged during the course of the work. Where and if shown on the plans, the locations and existence or nonexistence of underground utilities are not guaranteed. The Contractor shall contact the various utility companies to determine and/or verify such infom1ation prior to proceeding with the work, He shall make reasonable and satisfactory provisions for the maintenance of traffic on streets, drives, walbvays and at street crossings and if necessary to provicie temporary walkways and bridges for crossing of the open trench as directed, Work shall not commence within Augusta right-of-way until a Right-of-Way Encroachment Pell11it is obtained from the Public Works Deparment. 14.30 EXCAVATION All excavation of every description and of whatever substances encountered shall be performed to the depths indicated on the drawings or as specified herein, Excavation shall be made by the open cut method except as otherwise specified or shown on the drawings, Excavation methods shall generally meet or exceed Occupational Safety and Health Administration (OSHA) construction industry standards, All excavated materials not required for fill or backfill shall be removed and wasted as directed, The banks of shallow trenches shall be kept as nearly vertical as practicable and where required shall be properly sheeted and braced, Except where otherwise indicated, trench bottoms shall be not less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, and shall be excavated true to line, so that a clear space of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe. The bottom of trenches shall be accurately graded to provide uniform bearing and support for each section of the pipe on undisturbed soil at every point along its entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded, Bell holes shall be excavated only to an extent. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-38 I I I I I I I I I I I I I I I I I I $ I ~., @)\lG . .- R sufficient to permit accurate work in the making of the joints and to insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be made in accordance with the recommendations of the joint manufacturers for the particular joint used. Excavation for structures and other accessories shall be sufficient to leave at least 12 inches in the clear between their outer surfaces and the embankment or timber which may be used to hold . the bank and protect them. Where damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. Except at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimum overdepth of 4 inches below the normal required trench depth. The overdepth rock excavation and all excess trench excavation shall be backfilled \vith loose, moist earth, thoroughly tamped. Rock is defined as materials which are so hard or cemented that the excavation of such material requires blasting, The excavation shall proceed in a conventional maImer with satisfactory effort made to remove hard materials before the Engineer makes a detenniriation of need for blasting. Predrilling and blasting will be allowed, if the Contractor can provide evidence for the Engineer's review that boring logs can and will show that the material can or cannot be excavated. Evidence will be provided for the Engineer's review and approval before predrilling and blasting is undertaken. The excavation and removal of isolated boulders or rock fragments larger than one cubic yard in volume encountered in materials of common excavation shall be classified as rock excavation. Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as detennined by the Engineer or indicated on the drawings, is encountered in the trench bottom, such soil shall be removed to a d~pth required for the lengths designated by the Engineer, and the trench backfilled to trench bottom grade, as herein specified, with coarse sand, fine gravel, or other suitable material. Backfill with earth under structures will not be permitted and any unauthorized excess excavation below the levels indicated for the foundation of such structures shall be filled with sand, gravel, or concrete, as directed, 14,30,1 Grading and Stacking: All gradiilg in the vicinity of trench excavation shall be controlled to prevent surface grollnd water from flowing into the trenches, Any water accumulated in the trenches shall be removed by pumping or by other approved methods. During excavation, material suitable for backfilling shall be stored in an orderly manner a minimum distance of one and one-half times the depth of the excavation back from the edges of trenches to avoid overloading and prevent slides or cave-ins. Material ui1suitable for backfilling, as determined by the Engineer, sheill be removed from the job site and disposed of by the Contractoi- in a mariner as approved by the Engineer. 14.30.2 Shoring and Sheeting: All shoring, sheeting, and bracing required to perform and protect the excavation and to safeguard employees and the public shall be performed. The failure of the Engineer to direct the placing of sllch . Augusta Ulilities Department September 2000 Design Standards & Construction Specifications 14,39 ~"u . ,~ I I I I protection shall not relieve the Contractor of his responsibility for damage resulting from its omission. Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that portion of the sheeting below the elevation of the top of the pipe shall not be disturbed or removed. Sheeting left in place shall be cut off not less than I foot below finished grade. No sheeting shall be removed until the excavation is substantially backfilled as hereinafter specified. - .... 14.30.3 Water Removal: Where water is encountered, it shall be prevented from accumulating in excavated areas by pumping, well-pointing and pumping, or by other means approved by the Engineer as to capacity and effectiveness. Water removed from excavations shall be discharged at points where it will not cause injury to public or private property, or the work completed or in progress, All efforts to prevent sedimentation shall be made. Under no circumstances shall trench bottoms be prepared, pipes laid, or appurtenances installed in water. Water shall not be allowed to rise in unbackfilled excavations after pipe or structures have been placed, - - - - 14.30.4 Blasting: Explosives are to lIsed only within legal limitations, Before explosives are used, all necessary permits for this work shall be secured and all precautions taken in the blasting operations to prevent damage to private or public property or to persons. The Contractor shall assume full liability for any damage that may occur during tIle use of explosives, No blast shall be set off within 50 feet of pipe already laid in the trench, 14,30,5 Tree Protection: Care shall be exercised to protect the roots of trees to be left standing, Within the branch spread of the tree, trench shall be opened only when the work can be installed immediately, Injured roots shall be pruned cleanly and backfill placed as soon as possible, 14.31 BACKFILLING Trenches and other excavations shall not be backfilled until all required tests are' performed and the work has been approved by the Engineer. The trenches shall be carefully backfilled with the excavated materials approved for backfilling consisting of earth, loam, sandy clay, sand and gravel, soft shale, or other approved materials, No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete or pavement, or other hard materials having any dimension greater than 4 inches; or large clods of earth, debris, frozen earth or earth with an exceptionally high void content. Backfilling \vithin Augusta right-of-way sha1l conform to Georgia Department of Transportation and City of Augusta specifications, ,. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-40 I I I I I I ~ . For backfill up to a level 1 foot over the top of pressure pipelines and 2 feet above the top of gravity pipeline~, only selected materials shall be used. Select materials shall be finely divided material free from debris, organic material and stone, and may be suitable job excavated material or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform layers not exceeding 6 inches in depth. Each layer shall be moistened and carefully and uniformly tamped with mechanical tampers or other suitable tools. Each layer shall be placed and tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral displacement. Ii I The remainder of the backfill material shall then be placed and compacted above the level specified above. In areas not subject to traffic, the backfill shall be placed in 12 inch layers and each layer moistened and compacted to a density approximating that of the surrounding earth. Under ,roadways, driveways, paved areas, parking lots, along'roadway shoulders and other areas subject to traffic, the backfill shall be placed in 6 inch layers and each layer moistened and compacted to density at least equal to that of the surrounding earth so that traffic can be resumed immediately after backfilling is completed. ,Any trenches which are improperly backfilled, or where settlement occurs, shall be reopened to the depth required for proper compaction, then refilled and compacted with the surface restored to the required grade compaction. Along all portions of the trenches not located in roadways, the ground shall be graded to a reasonable uni formity and the mounding over the trenches left in a neat condition satisfactory to the Engineer. I I I I I I I I I I I I Sheeting not specified to be left in place shall be removed as the backfilling progresses, Sheeting shall be removed in sllch a manner as to avoid caving of the trench. Voids left by the removal of sheeting and shoring shall be carefully filled and compacted. Where, in the opinion of the Engineer, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place, 14.32 BORING AND JACKING Where required by the drawings, tbe pipeline will be installed in a steel casing, placed by boring and jacking. Where boring is required under highways, the materials and workmanship will be in accordance \Vith the standards of the Georgia Department of Transportation or local authority. Boring and jacking under railroads will be governed by the latest A.rZ.E.A. standards and those of the railroad involved. The steel casing shall be in accordance with ASTM A252 to the thicknesses shown on the drawings, - Augusta Utilities Department Sepleillber 2000 Design Standards & Construction Specifications 14-41 ~ . 14.33 PAVEMENT REMOVAL AND REPLACEMENT Where necessary existing pavements shall be removed and replaced, the applicable specifications of the Georgia Department of Transportation or local authority shall govern this work. Joints shall be sawed, unless joints equally uniform in the opinion of the Engineer result from other means. Refer to Right-of-Way Encroachment Guidelines for pavement removal and replacement with Augusta right-of-way. 14.34 MEASUREMENT AND PAYMENT Excavation and backfilling for pipelines and appurtenances, except as hereinafter provided for, will be considered as incidental to the constmction of the various elements of the installation it is associated with, and no separate payment will be made therefor. When made at the direction of Engineer, overcut, rock excavation and backfill to compensate for rock will be made at the unit contract price for rock excavation per cubic yard measured in place. When made at the direction of the Engineer, overcut and backfill to compensate for inadequate foundation will be paid for at the unit contract price for overcut and clean stone bedding, per ton of stone. Sheeting ordered to be left in place will be paid for at the unit contract price for sheeting left in place, per board foot. Joints in pavements will not be paid for separately. Pavement removal and replacement will be paid for at the unit contract price therefor, per square yard. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14 -4 2 I I I ~~ .