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HomeMy WebLinkAboutWASTE WATER COLLECTION SEWER SYSTEM IMPROVEMENT BOYKIN AREA Augusta Richmond GA DOCUM~NT NAME: Wet st-eh-\en-t- Co \ \-c:ciion Se.\Ne'r S'jS+evY\ ""I 1'rlj)Y-()Vexn~-t- DOCUMENT TYPE: c.,. On -\-r-Clc\- YEAR: 2-00 \ BOX NUMBER: \ ~ FILE NUMBER: \ ~5 lnot NUMBER OF PAGES: I L- L-\ I I I I I I I I I I I I I I I I I I I ! ~ \ i /, (; (, ';1,1 (; ,( ( :: i ) I : t \,': .. , : \ ' \. ~.j ,'\" . ; , .. ' , .; '. . \ . ~ i \ J; 1 . . , . ~ 5.' .t. ': , i - . ,_ .; . :." '~', _. _ . ~ Sewer ", . ys lelTI ,. rn, rove:menlS J -~ Contract Documents & Specifications Prepared For: AUGUSTA COMMISSION Bob Young; Mayor Lee iV. Beard, Mayor Pro Tempore Marion Williams, District 2 Stephen E. Shepard, District 3 Richard Colclough, District 4 Henry Brignam, District 5 Andy Cheek, District 6 Jerry Brigham, District? Ulmer Bridges, District 8 1y1Ji!liam H. (l..1ays, ill, Super District 9 VVi!!iam B. Kuh!l<e, Jr.; Super District 10 AUGUSTA UTIL.ITIES OEPT. Max Hicks, PE. Director Prep:are<: By: JAMES G. SWifT & ASSOCIA."fE5, Consulting Engineers ~206 Interstate Parkway Augusta, GA ~10909 July 200'1 I I JUL-09-2001 02:07 ARC PURCHASING P.02/02 Purchasing Department I I Gerl A. Sams. Director Mary Bedenbaugh, Purchasing Agent Room 605 - Municipal Building 530 Greene Street - Augusta. Ga. 30911 (706) 821-2422 - FAX (706) 821-2611 MEMORANDUM I I TO: All Bidders I I FROM: Geri A. Sams DATE: May 9, 2001 SUBJ: ADDENDUM #1 Item Bid #01-102 Boykin Road Sewer Improvement I I I I Please note the following changes attached on addendum 1 for the Boykin Road Sewer Improvement. Question: (1) Plan sheet 57: The note entitled "G.A.B. and BINDER METHOD" mentions 1-1/2" overlay but there is no pay item (or asphalt overlay. Do the street:!! within this project get overlaid? Also, the utility road cut detail calls for overlay on 25' on each side of the utility cut. This will create a series of 50' overlay patches over the sewer services instead of a complete overlay of the streets. Is this the intent? Which pay item is set up for these overlay patches? I Response: The 1-1/2" overlay, as well as all of the other materials specified in this note, shall be included in the unit price provided for line item u8. Pavement Patch (GAB & Binder Method)". It is intended that all streets will have full width overlay. The line item in which this cost shall be included shall be based upon the estimated trench width. For areas of installation where the trench width is estimated to be 6' or greater, costs should be included in line item "8. Pavement Patch (GAB & Binder Mt;thod)". For areas of installation where the trench width is estimated to be less than 6', costs should be included in line item "9. Pavement Patch (Colllcrete Cap Method)".. I I Please acknowledge receipt of addendum in your bid package. I I If you have any questions regarding this correspondence, please contact me at (706) 821-2422. Cc: Brenda Byrd-Peleaz, Equal Opportunity Officer Max Hicks, Utilities File Plan Holders I I TOTAL P.02 I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS . .. ""..------ ..,....". 'Di;s9RJPJION Invitation to Bid Instruction to Bidders Proposal Bid Bond Agreement Performance & Labor and Material Payment Bonds General Conditions Supplementary General Conditions Special Conditions Technical Specifications INV -1 IB-1 to IB-2 P-1 to P-6 BB-1 A-1 to A-3 PB-1 to PB-4 1 to 53 SGC-1 to SGC-3 SC-1 to SC-4 1 to 14-32 I I I I I I I I I I I I I I I I I I I INVITA liON TO BID SEALED BIDS for the construction of wastewater collection sewer system improvements in the Boykin Road area at Augusta, Georgia, including together with appurtenances, hereinafter referred to by project name as Wastewater Collection Sewer System Improvements (Boykin Road area) Bid Item # 01-102 will be received by: AUGUSTA COMMISSION hereinafter referred to as the OWNER, at the office of the Purchasing Director, Room 60S, Municipal Building until 3:00 p.m. on the 12th day of July, 2001, at which time all bids will be publicly opened and read in the presence of those interested. All work shall be in accordance with the contract documents of James G. Swift & Associates hereinafter referred to as the Engineer. Bidding documents may be obtained at the office of The City of Augusta Purchasing Department, 530 Greene Street - Room 60S, Augusta, GA 30911. Copies maybe obtained upon payment of $150.00 non-refundable per set. Bid documents may be examined during regular business hours at the offices of James G. Swift & Associates, 1206 Interstate Parkway, Augusta GA 30909, City of Augusta Purchasing Department, Dodge Plan Room, and Augusta Builder's Exchange. Bids shall be addressed to Augusta-Richmond County Commission, clo Geri A. Sams, Purchasing Director, Municipal Building, Augusta, Georgia 30911, marking the envelope "Wastewater Collection Sewer System Improvements (Boykin Road area), Bid Item #01-102". It is the wish of the Owner that minority businesses be given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No bid may be withdrawn for a period of Sixty (60) days after Ule date and time set for the receipt of bids. A 10% bid bond is required to be submitted in a separate envelope so marked along with the bidders qualifications; a 100% performance bond, and a 100% payment bond will be required for award. The Owner reserves the right to waive any informalities in bidding and to reject any or all bids. Any objections to the specifications as set forth should be filed in lNriting prior to bid opening. GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle: June 14, 21, 28 & July 5, 2001 Augusta Focus: June 21, 2001 cc: Max Hicks - Augusta Utilities Dept. Shondra Neumeister - CH2M Hill INV - I 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 James G. Swift & Associates, 1206 Interstate Pkwy., Augusta GA 30909, and to be giv~n consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS: Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD: The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all lB-1 IB-2 I I I I I I I I I I I I I I I I I I I the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-06 BIDDER'S QUALIFICATIONS: No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL 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. PROPOSAL Wastewater Collection Sewer System Improvements (Boykin Road area) 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 technical 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 allwork and furnish all materials called for in accordance with the requirements of the Augusta Utilities Dept. Engineer/Director 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 I I I I I I I I I II I I I I I I I I I (Note: Bidder.; must bid on each item in the Bid Schedule.) DESCRIPT10N QUANT1TY UNIT TOTAL PRICE 1. 12'~ San itary Sewer, 6'-10' Cut 1 600 LF I / i'. 00 z.BJ BO,).OD 2. 8" Sanitary Sewer, 6'-10' Cut 23,725 LF /7. IS- "1'''2. 3, tf&ll. 2...) 3. 8" Sanitary Sewer, 10'-14' Cut 5,500 LF '2D.8 t" //'11 It, 7S:tJ 0 4. 8" Sanitary Sewer, 14'-Plus Cut 650 LF "2. 2. . 8 S- I'/; 8Q.: S'~ 5. Sanitary Manhole, 0'-6' Depth 1 00 EA q%./.s-19~ ~/S:aD 6. Sanitary Manhole, Extra Depth (over 6') 420 FT //7. 'r3 '19. . ~ 204 f&, ~ 7. 6" Sanitary Service 470 EA 5"00-00 2. 3.5: (JOO. 00 8. Pavement Patch (GAB & Binder Method) 30,000 LF I'f. 'I 2- If 32, toDO' ~o 9. Pavement Patch (Concrete Cap Method) 6500 LF /2..73 1'$2., 7'fS: OD 10. 6" Cone. Driveway Patch 33 LF ~o. 7S- 12..0 0 c.f. 7 ~ 11. Remove & Replace Cone. Flumes 7EA (p 0 o. 00 't 2..o0.ot) 12. Tie-in To Existing Manhole 2EA I Lf73. 9'1 9tf?tfB . 13. Lump Sum Construction (Includes clearing & grubbing, all removals, 'fo ~, 3"0 ~ 'tD~ 300.'0 replacements, construction staking, LUMP SUM 'I grassing, soil erosion & sediment control, traffic control, etc.) 14. Select Refill - Sand Clay 125,000 CY Z.2S- ~-f&J J 2S' ~. DO 15. Select Refill - Stone (Additional bedding) 1,800 Tons 10. ere I~ S'fB. DD TOTAL 19 "Si jSo.S'B . The Contract covering the construction of all work described abolle will be comoleted..,within 300 FIVe .' CJIM/j ""''''''-J ~1,..8'fI",,,..I....ttf'~lxry- 6"~ calendar days from the date specified in the "Notice to Proceed" for:IHou~d. TtlIln"Hu,.d~PIi:TYAJI1J~ ~ Dollars ($l/~"s,' 3.ro.S!) subject to reductions, additions and deletions provided'herein on the basis of tII measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated . damages the sum of $ 200.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. It is understood thaJ the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed to be to the best interest of the Owner. ' It is also undersiood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: P-2 I I I I I I I I I Ii I I I I I I I \ I I Addendum -=# ( Date t/Cj/ol . 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 I (') % eF g/D. 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 Certifif j Check, it may be cashed by the Owner and the amount received shall become the property of the ( Nner. 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 r ,posal, agrees that the above stated amount is proper measure of liquidated damag.es which the Ow. ler 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. Name & Georgia License Number of Contractor: r"^ABus 8(LDTtlt::-r2$ C!.6,uS7eu.~TlC>,pc..v.IM. -# DDDoO Ju,CI C.LASSu Name of Bidder GA Utility Contractor License # ,:~~~?-~ Signature & itle 0 Authorized Representative q 2.0 /VI 0 U I.( fJ () y..J(J AfJ. Business Address !J..uu-usrA 64 30701 City and State Date: I J /"2..-/0 I I . P-3 I' 1 BID BOND I ~onforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Mabus Brothers Construction Company. Inc. I as Principal, hereinafter called the Principal, 1 and the Travelers Casualty and Surety Company of America I of Hartford, CT , a corporation duly organized under""-. the laws of the State of Connecticut , as Surety, hereinafter called the Surety, are held and firmly bound unto I Augusta Commission as Obligee, hereinafter called the Obligee, I in the sum of Ten Percent of Bid - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I Dollars ($ Ten Percent of Bid ), for the payment of which SUln well and tmly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Boykin Road - 24,000' sanitary sewer 8", 100 Manholes If I NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the tenns of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful perfonllance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perfonn the Work covered by said bid, then this obligation shall be Ilull and void, othenvise to remain in full force and effect. I I Signed cmd sealed this 12th day of July 2001 I Mabus Brothers Construction Company, Inc. Witness d~b~ Witness Travelers Ca America { By /6. ,/7 d ':6' . /.. .' W ;; {~VL-/;~-:iV' '~I!--"'. Attorney-in-Fact S-0054/GEEF 12/00 FRP I TR-\. VELERS CASUALTY AIm SURETY CO.MP.'-\.NY OF A1\'fERICA IRA. VELERS CASUALTY A1'ffi SURETY COMEA..i'fY FARl\1INGTON CASUALTY COJVlPAJ."l'Y Hartford, Connecticut 06183-9062 TR.-\.V"ELERS CASUALTY A.1'ID SURETY COMPA1TI OF ILLINOIS Naperville, Dlinois 60563-8458 1 POWER OF ATTORL'{EY AJ.'{D CERTIFICATE OF AUTHORITY OF ATTORt'l"EY(S)-IN-FACT I KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COLVIPA..i'l'Y OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPAt,{Y and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, I County of Hartford, State of Connecticut, and TRAVELERS CASUALTY At'ffi SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of illinois, and having its principal office in the City ofNaperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, I constitute and appoint: W. Pat Hopkins, Jr., W. G. Van Buskirk, James R Williams, Cynthia M. Ward or Renee A. Lauth;' '" of Atlanta, GA, their true and !a'wful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and I acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the I nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers I of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are I now in full force and effect: . VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any I.$..r:ond Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact ( Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe tu sign \.Vith the Company's name and seal \.Vith the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such 1 appointee and revoke the power given him or her. VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. I VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any I Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. 1 This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY At'{1) SURETY COIVIPANY OF At'VlERICA, TRAVELERS CASUALTY A1'ffi SURETY COMPANY, FARMINGTON CASUALTY COlVIPAJ."'IY and ITRA VELERS CASUALTY AND SURETY COMP.-\NY OF ll..LINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice IPresident, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affi.'{ed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vic~ Presid~nts, R~sident Assistant Secretaries or Attorneys-in-Fact for purposes only of executmg and attestmg bonds and lUldertakings and other wnungs obhgatory ill the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and Ice....tified by such iacsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. .1'0' I \ I 1(8.97) I I IN WITNESS WHEREOF, TRAVELERS CASUii.LTY AND SURETY COMPA1\ry OF AMERICA, TRAVELERS CASUALTY AND SURETY COMP.A...NY, FARMINGTON CASUALTY COMP.AJ-..''Y and TRA \'ELERS CASUALTY AND SURETY COMPANY OF ilLINOIS have ca~sed this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 7th day ofDecernber, 1999. 1 STATE OF CONNECTICUT } SS. Hartford COUNTY OF HARTFORD TRA VELERS CASUALTY AND SUlffiTY COMP A1\"Y OF AMERICA TRAVELERS CASUALTY AND SURETY CO:MPANY FARMINGTON CASUALTY COMPANY TRA \lEURS CASUALTI' A.1W SURETI' COMPANY OF ILLINOIS I I I By /o~/~ - George W. Thompson Senior Vice President On this 7th day of December, 1999 before me personally came GEORGE W. THOMPSON to me lrnown, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY .UID SURETY COMPANY OF AM:ERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPA1\ry OF ILLINOIS, the corporations descnbed in and which executed the above instrument; that he/she lmows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the s~d instrumenton behalf of the corporations by authority of hislher office under the Standing Resolutions thereof. . I, the undersigned, Assistant SecretaIJ' of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMl'Al\ry, stock corporations of the State of Connecticut, and TRAVELERS CASU.A..LTY...4...ND SURETY COMPANY OF lLLINOIS, stock corporation of the State of illinois, DO HEREBY CERTWY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. / ~ Si~ an~aled at the Home O~ce of the Company, in the City of Hartford, State of Connecticut. Dated this .:.)-. dayof j7' N-"~7 ' ;;lee/. . 1 I I I 1 1 I CERTIFICATE I 1 I I I I,. ~~ t~ My commission expires June 30, 2001 Notary Public Marie C. Tetreault ~-f1/L~. By Kori M. Johanson Assistant Secretary, Bond I I I I I I I I I I I I I I I I I I I AGREEMENT THIS AGREEMENT, made on the /'fi:L) day Of~; 2001, by and between AUGUSTA, GEORGIA, BY ANDTHROUGH THE AUGUSTA C~artYOfthefirst part, hereinafter called the OWN ER, and H fJJ2US mOTI-lt.::JJS (lOAElP. (J/) , party of the second part, hereinafter called the CONTRACTOR. /AJC.' . 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: Wastewater Collection Sewer System Improvements (Boykin Road area) 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 300 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 & No/100 ($200.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. A-I I I I I I I I I I I I I I I I I I I I It is further agreed that time is 9f 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. ARTICLE III - PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the Proposal and Schedule 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 submit to the 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 upto 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. A-2 I I I I I I I I I I I I I I I I I I I Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in four(4) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. ~/Jf~ i) Yn&ia~ Witness /Y1lllJus ~o7Jf5/2J ~;VJ";1'AI. C ~ (CONTRACTOR) ~ ~ ,." ~;'.~'~ ":,,(= By:. ' ~~ ~~~~":- As Its --p;eG.StO/ll .: ::::.. -_-_.: ::;: ~ ~ -~ ",...I".,:~~. :~~ ~ - - ---- : Address: <7020 /J10L-L~:1I~~~';e;;;_~;;~j 4~J;r~ 6/;, ~d9d.f~.~. ~\,..., I A-3 I I I I I I I I I I I I I I I I I I I PERFORMANCE BOND (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: That , as Principal, hereinafter called Contractor, and , a corporation organized and existing under the laws of the State of _ , with its principal office in the City of , State of , as Surety, hereinafter called Surety, are held and firmly bound unto the Augusta Commission, as Obligee, hereinafter called the Owner, in the penal amount of Dollars ($_ _) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, 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 Wastewater Collection SeVller System Improvements (Boykin Road area), 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. PB-I I I I I I I I I I I I I I I I I I I I 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. Signed and sealed this day of Witness A.D. 2000. (Seal) (Contractor) By (Seal) (Title) (Seal) (Surety) .By (Seal) (Title) Witness Attest Attest Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-2 I I I I I I I I I I I I I I I I I I I LABOR AND MATERIAL PAYMENT 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: , as Principal, hereinafter called Contractor, and That , a corporation organized and existing under the laws of the State of , with its principal office in the City of , State of , 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 ($ ) 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 entered into a contract with Owner for the construction of Wastewater Collection Se\Ner System Improvements (Boykin Road area), 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 referred to 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 in 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 to 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 done or performed. Such notice shall be served by maiiing 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. PB-3 I I I I I I I I I I I I I I I I I I I (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 court 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 not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this Witness Attest Witness Attest 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 I P'.bru.ry 9, 1001 GENERAL CONDITIONS I I I I I I I I ~ .4. I ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by COUNTY to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid- The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents-The Agreement, Addenda (which pertain to the Contract Documents). CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement, Certificates of Insurance, Notice of Award, and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. 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 I I I I Contract Time- The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. F.bruu...., a, :;:::: I I I I Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or 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). General Requirements-Sections of Division I of the Specifications. I I I I I I Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of the Augusta, Georgia. 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. Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award- The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission. I I I Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. I Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. 2 I I I I I Project Manager-The professional in charge, serving COUNTY with architectural or engineering services, his successor, or any other person or persons, employed by said COUNTY, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative- The authorized representative of PROFESSIONAL who is assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and I I I I Februar-.1 a. 2001 submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. I I I I I I I I I Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of ,the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Price Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. I I Work Directive Change-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. I I Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. I I 3 r.bruAr'"i 3, 1c:: I I I I I I I I I I I I I I I I I I I 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 Pioceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and PROJECT MANAGER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 4 I I I I I I I I I I I I I I I I I I I " r.Druacy a. 1:01 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which COUNTY may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction Conference: 2.8. Before any Work at the site is started; a conference attended by CONTRACTOR, PROJECT MANAGER, PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6., procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to Project Manager and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. 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. 5 February 8. :iCC,l I I I I I I I I I I I I I ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is 'as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations application to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 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, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. I I 6 I I I I 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, I I I I I I I I I I I I I I I I I I I Febr,ul.ry 8. 1001 3.6.2. a Change Order (pursuant to paragraph 10.3), or 3.6.3. a Work Directive Change (pursuant to paragraph 10.4). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). 3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or certification (pursuant to paragraph 9.4). 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 oil any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. 7 February a. 2001 I I I I I I I I I ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS A vailabi/ity 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: I 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or I I I 4.2.2.1. the completeness of sur,h 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 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and PROFESSIONAL determines that the conditions at the Site are not materially diHerent from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in I I I I 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give COUNTY notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 8 I I I I I I I I I I I February 8. 1001 the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNERs of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data: and 4.3,1 .2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNERs of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been includec in the Contract Price. I I I I' 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine 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 (he extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR-could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. I I I I I I Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for 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. 9 FebnUlt""1 a. 2001 I I I I I I I I I I I I I Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. COUNTY shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 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 whicil Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If COUNTY and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. COUNTY may have deleted such portion of the Work performed by COUNTY's own forces or others in accordance with Article 8. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. I 10 I I I I I I I I I I I I I I I I I Febru.ry a. 2:c 1 ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, e'ach 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 bya 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. I 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. I CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: I I I I I 5.3.1. Claims under workers' or workmen's compensation,disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 11 Februar-/ 9. 2.0~1 I I ~I I I I I I I 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 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 coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (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. Owner's Liability Insurance: I I I I Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. I 12 I I 'I I I Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary I I I Febr'\lary a. 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 or additional insured parties. I 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. I 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 I 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 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. 5.11.2. OWN ER 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. I I I I I 13 I I '1 February 8, 2001 I Receipt and Application of ProceecJs: 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. I Receipt and Application of Insurance Proceeds I I I I 5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in willing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. I 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. I I I I Partial Utilization-Property Insurance: I 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. I I Indemnification I 5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and I 14 I I I I I I I I I I I I I I P'ebru"C"Y B, 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 and of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5:16.2. In any and all claims against COUNTY or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall ,- not be limited in any way as to the amount or type 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 COUNTY and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. I I I I I I 15 I r.bruu..../ ~. 20Cl I I I ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACTOR sh:.:ill 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. I I 6.2. CONTRACTOR shall keep on the Work, at all times during its progress a competent resident superintendent, who shall not be replaced without whiten notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. I I Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. I I 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. I I 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or9.15. I I I Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. I I 16 I I I I I I I I I I I I I I I I I I I I I F.br\Ulry 8. 2001 Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material , or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and: equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. Ail variations of the proposed substitute from that specified will be identified. in thl~ application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to th~t indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents o.ccasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. . Concerning Subcontractors. Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization 17 I I rebruery B. 2001 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 equipmentto be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by falling to make written objection thereto by the date indicated for acceptance or objec- . tion. In the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference, 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 I to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. I I 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the partof OWNER or PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. I I I 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. I 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable 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. I I I 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. I I Permits: I I 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the I 18 I I I I I I I I I I I I I I I I I I I I Febru.ry S, %001 Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. 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 by CONTRACTOR 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 p€rmitted 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 i'~ solely at the risk of CONTRACTOR. CONTRACfOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting .from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such owner or occupant because of the performance of the Work, 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 contaminates resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property 19 February a, 20C: I I I I I I I I I I I I I I I I I I I to stresses or pressures that will endanger them. Record Documents: 6.19.. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided In connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. 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 20 I I I I I I I I I I I I I I I I I I I V.bruary B. 2001 OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACfOR shall give PROFESSIONAL prompt written notice if CONTRACfOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACfOR shall immediately notify PROFESSIONAL of all events involving personal injuries to any person on the Site, whether or not such person was engaged in the construction of the Project,: and shall file a written report on such person(s) and any other eventresulting 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 CONTRACfOR 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, CONTRACfOR 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. CONTRACfOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and County that CONTRACTOR has determined and verified all quantities, dimensions, Field construction criteria, materials, c;atalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and County staff. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.25.1. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRACfOR shall give PROFESSIONAL specific written 21 February 8, 2001 I I I I I I I I I I I I I I I I I I I '- notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and Project Manager staff. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.28. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation froril the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the Project Manager has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.29. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to Professional's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. Continuing the Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminates resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable laws and regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 22 I I I I I I I I I I I I I I I I I I I , P'.b~"\UIr"1 S. 2001 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is, attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in. whole or in part by any negligent act or omission of COflITRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any.of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any sue!' Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. 23 February!. 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 byailed OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose \Nork 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. 24 I I 'I I I I I I I I I I I I I I I I I I I I' I I I I I I I I I I I I I I 1 I , P'ebrua["f 8, 2001 ARTICLE 8---0WNER'S RESPONSIBILITIES ~ 8.1. Except as otherwise provided in these General Conditions, COUNTY shall issue all communications to CONTRACfOR through the Project Manager or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACfOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACfOR 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 CONTRACfOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. . 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACfOR under certain circumstances. 25 P'ebr-uary 8. lOOt I I I I I I I I I I I I I I I I I I I ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of 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 orthe progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is. not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will bc binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTQR 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 26 I I I I I I I I I I I I I I I I I I I '.bNary a. 1001 make a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or 'completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a 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 wilf be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes m the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data wi/I 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 27 February 11. 2001 I I I I I I I I I I I I I I I I I I I , condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to 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. 28 I I I I I I I I 1 I I I I I I I I 1 I " F_bnJory a. 2001 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 Project Manager shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the Project Manager may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 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 Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with Section 11.3. The Work Directive Change will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRA~OR fails to sign such Work Directive Change, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Construction Change Directive. 10.5; CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. 10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 29 FII.i:lr'.I.llr-'.1 I!, 2001 I I I I I I I I I I I I I I I I I I I ARTICLE ii-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 accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure). CONT~CTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree 30 I I I, I I I I I I I I I I I I I I I I February 3. 2001 on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus mate~ials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 31 F.bn1dry 8, 2001 I I I I I I I I I I I I I I I I I I I 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. '11.4.5.3. Rentals of all construction equipment and machinery and the 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 any- one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRAcrOR, 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 CONTRAcrOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRAcrOR is placed in charge thereof, CONTRAcrOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRAcrOR's officers, executives, principals (of partnership and sole proprietorships), general managers, PROFESSIONAls, architects, estimators, attorneys, 32 I I I I I I 1 1 I I I I I I I I I I, I , P'.orua:-'I 3. 2(;:: 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 office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 11.6,2. a fee based on the following percentages of the various portions of the Cost of the Work: .11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4; 11.4.5 and 11.3, 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- 33 February a, 2001 I I I I I I I I I I I I I I I I I I I , TOR'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 Mana-ger. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the 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 34 1 I I I I I I I I I 1 I I I 1 I I I I I , F.bN6t"'1 B. 2001 adequate to cover CONTRACfOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACfOR 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 CONTRACfOR believes that CONTRACfOR has incurred additional expense as a result thereof, CONTRACfOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the partes are unable to agree as to the amount of any such increase. 35 f'ebruuy B. 1:001 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 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and Project Manager within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such occurrence unless the Project Manager allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. 36 I I I I 1 1 I I I 1 I I I February a. 2001 ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVALOR 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. I I I I 1 1 1,3.4. 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 delay~ 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 pther than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 13.6. If any Work (including the work of. others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has 37 Febnlary e. 20::: I 1 .1 I I I I I I I I I I I I I I I I given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR, shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to, the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, expo- sure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, 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 part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, 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 38 I I I I I I I I I I. I I I I I I I I I f'ebt"\.l6r"J B. 1001 replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. One Year Correction Period: 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, o( 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 c01Tection or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, also PROFESSIONAL) prefers to accept. it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not, be limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the partiess are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR'.s tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may b~ 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 39 "eb['"<,\uy a. 2001 I I I I I I I I I I I I I PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be limited to, fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an eXtension of the Contract Time because of any delay in 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, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against COmRACfOR. 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 PROFESSIONAls shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. 40 I I I I I I I I I I I I I I I I I I I Febt"'.ary I, 2001 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the 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 ail Liens. Review of Applications for Progress Payment: I I I I I I 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACfOR 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 arid 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 41 February a. 20e: I I I I I I I I I I I I I I I I I I I " Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make 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 maYJe 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 yYork in accordance with paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not con- sider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and 42 I I I I I I I I I. I I I I I I I I I I February a, 2001 deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER notify 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. Atthe 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 afore- said recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but 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, CONTRACfOR and PROFESSIONAL shall make an inspec- tion of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that . part of the Work to be substantially complete, PROFESSIONAL will notify, OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of (the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part ofthe Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRAcrOR in writing to permit OWNER to take over 43 rebC"Uu'Y 8. 10Cl I I I I I I I I I I I I I I I I I I I 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 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. O\NNER, may at its discretion, reduce the amount of retainage subject to Bene':icial Occupancy. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by County, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 44 I I I I I I I I I I I I I I I I I I I " '.bruar./ a, 20G: 14.12.1. No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. 14.12;2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend firlal 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 dl,Je 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 payme~t, except that it shall not constitute a waiver of claims. CONTRACTORs Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR 45 r.b:"'l.lAry 8, 2001 I I I I I I I I I I I I I I I I I I I 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). 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. 46 I I I I I I I I I I I I I I I I I I I , February a. 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 extensio~ 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 equivelent u 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 (includirig, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, 47 February e, 2001 I I I I I I I I I I I I I I I I I I I 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 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. 48 I I I I I I I I I I I I I I I I I I I. ... tebr'Uery 8. 2001 CONTRACTOR May Stop Work or Terminate: 15.6. If through no actor fault of CONTRACTOR, the Work is suspended for a period of more than ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty-one days after it is submitted, or OWNER has failed for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days written notice to OWNER and PROFESSIONAL stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. 49 r.bt"tUH"Y S, 2001 I I I I I I I I I I I I I I I I I I I ARTICLE 16--DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of. the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdid:ion and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. 50 I I I I I" I I I I I 1 I I I I I I I I , P'ebNU''', 8. 200:. 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 heretp, 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 n.ot 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. 51 Fobruary B. 2001 I I I I I I I I I I I I I I I I I I I 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACfOR 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 CONTRACfOR 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 CONTRACfOR 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 PROJECf REPRESENTATIVE prior to implementation. 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9.5 In the event of a discharge of untreated wastewater, the CONTRACfOR 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 PROJECf 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 CONTRACfOR and estimates of the discharge volume. 52 1 1 I I I I 1 I I I I I I I I I I I I February B. 2001 17.9.6 The RESIDENT PROJEef REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate. 17.9.7 If, in the opinion of the RESIDENT PROJEef REPRESENTATIVE and the Owner, the CONTRAefOR 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 CONTRAefOR. 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 CO NTRAefO R. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta, \ GA 30901. The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible for those duties that belong to OWNER and / or the CONTRACfOR or other entities, and do not relieve the CONTRAefOR 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 CONTRACfOR(s) or other entity or any other persons at the site except PROGRAM MANAGER's own personnel. The presence of PROGRArvl 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 . 53 I I I I I I I I I I I I I I I I I I I ,', . ,~, :':T;'..-, '":"_"~'._,:,, c,_,.. i!:':iSe~tiC;h#:i' ..... ,......, :",';,_,'>',1; .;:,:;.~':-.... ~,'" SGC-1 SGC-2 SGC-3 SGC-4 SGC-5 SGC-6 SGC-7 SGC-8 SGC-9 SGC-10 SGC-11 SGC-12 SGC-13 SGC-14 SGC-15 SGC-16 SUPPLEMENTAL GENERAL CONDITIONS INDEX Drawings Field Office Facilities 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 SGC-2 to SGC-3 SGC-3 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-Q1. DRAWINGS: The Owner will furnish to the Contractor, free of charge, five copies of drawings and specifications necessary for the execution of the 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 DRAWINGS:. SGC-Q2. 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-Q3. 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-af-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 ~elay 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-Q4. 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-QS. 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-Q6. 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 estimating of payments due on all progress estimates. SGC-Q7. PRIOR USE BY OWNER: Prior to completion of the work, the Owner may take over the operation and/or use of the incompleted 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 SGC-l SGC-2 I I I I I I I I I I I I I I I I I I I Documents. SGC-08. CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. 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 or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or 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. Shouldthe 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 buildings or facilities at all times. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be 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 I I I I I I I I I I I I I I I I I I I personnel in any way responsible for those duties that belong to OWNER and 1 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 OWN ER 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 lor 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. SGC-3 I I I I I I I I I I I I I I I I I I I SPECIAL CONDITIONS INDEX ~~i~!S'e~ti6fff#~;:~':: co";' -,. - ".'.; ".., ;~.,F,..._~..F _ SC-1 Scope SC-2 List of Drawings SC-3 Protection of the Environment SC-4 Temporary Toilets SC-5 Plans and Specifications Furnished SC-6 Record Drawings SC-7 Existing Structures SC-8 Salvage Material SC-9 Referenced Specifications SC-1 0 Traffic Control SC-11 Construction Order and Schedule SC-12 Inspection and Testing of Work SC-13 Substitutions SC-14 Sanitary Sewer Overflow Prevention SC-15 Critical Path SC-1 SC-1 SC-1 . SC-1 to SC-2 SC-2 SC-2 SC-2 SC-2 SC-2 SC-2 SC-2 to SC-3 SC-3 SC-3 SC-3 to SC-4 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 . four (4) wells, hereinafter referred to by project name as Wastewater Collection Sevver System Improvements (Boykin Road area) SC-02. LIST OF DRAWINGS: The following drawings, prepared by James G. Swift & Associates comprise the plans for the project: 1 2-11 12-14 15 16-17 18-23 24-25 26-28 29-32 33-36 37 -40 41-43 44-46 47-49 50-51 52-55 56 57 Cover Sheet Boykin Road, Wastewater Collection System, Sanitary Line A Akard .Street, Wastewater Collection System, Sanitary Line B Akard Street, Wastewater Collection System, Sanitary Line B Moncrief Street, Wastewater Collection System, Sanitary Line C Cassell Street, Wastewater Collection System, Sanitary Line D Ervay Street, Wastewater Collection System, Sanitary Line E Mack lane, Wastewater Collection System, Sanitary Line E Moncrieff Street, Wastewater Collection System, Sanitary Line F Travis Road, Wastewater Collection System, Sanitary Line G Daisy lane, Wastewater Collection System, Sanitary Line H Stone Street, Wastewater Collection System, Sanitary line I Travis Road, Wastewater Collection System, Sanitary Line I Moncrief Street, Wastewater Collection System, Sanitary Line J Travis Pines Drive, Wastewater Collection System, Sanitary Line K Woodard Avenue, Wastewater Collection System, Sanitary Line L' Basswood Drive, Wastewater Collection System, Sanitary Line M Details 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, reactanter 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 SC-l SC-2 I I I I I I I I I I I I I I I I I I I a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. 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 sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction 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 deviation's 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 JO complete the total work; this breakdown will be the basis for judging the percentage cOrl1plete at any time. B. A statement of the order of procedure to be . followed that will result in the required I I I I I I I I I I I I I I I I I I I 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 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 forexamination 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 priorto beginning VIIOrk. This plan will include a list of key personnel with 24-nour 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. . 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, SC-3 SC-4 I I I I I I I I I I I I I I I I I I I if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance, if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the 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. 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 respohding 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-15. CRITICAL PATH: The Contractor shall give priority to that portion of the proposed sanitary sewer system which serves Mack Lane. The system that runs from the low end on Boykin Road, along Akard Street, along Cassell Street, along Ervay Street, and along Mack Lane will be the critical path. I I I I I I I I I I I I I I I I I I I INDEX TO TECHNICAL SPECIFICATIONS :::::::::::::::::::;:::11111:::\11:::::1:::1:\:1:;:::::::::: jjf~111~1\~~1;\;1~~11::::;~1~~::::1:~:::::::::::::::::::::::::j~1~::::;:::::1:::::::::]:1:1:1:~:~:~:~:1:1:1:)=) C I ea n n 9 a n d G ru bbi n 9 1 G rad I n 9 2 - 5 Co n crete C u rb a n d G utte r 6 - 8 Co n crete Co n stru cti 0 n 9 - 1 0 B itu m I n 0 u s Pavi n 9 1 1 Co n crete - As P h a It Pave me nt P atch 1 2 G rass I n 9 1 3 - 1 4 Wate r D I stri b uti 0 n Syste m s 1 4- 1 to 1 4- 1 4 Sa n ita ry Sewe r Syste ms 1 4- 1 5 to 1 4-2 8 Excavatio n & Sa ckfi I I I n 9 1 4,.2 9 to 1 4-32 I I I I I I I I I I I I I I I I I I I CLEARING AND GRUBBING 01. 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. 02. 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. 03. 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 authorities, burning shall be done at such time and such manner as to prevent fire from spreading and to prevent damage to 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 helve 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. 04. MEASUREMENT AND PAYMENT: Clearing and grubbing will be considered as a major item and shall be paid for at the lump sum price as stated in the Bid Schedule. TS - 1 GRADING 01. 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". 02. 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 top'soil, 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. 03. EXCAVATION: The term "excavation" used hereinafter is defined as "unclas'sified excavation". Excavation of every description regardless of material encounter within the gfading .Iimits 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. 04. 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-wayfor hauling. 05. EXCAVATION DITCHES AND GUTTERS: Ditches and gutters 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 and gutters TS - 2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I shall be cut one foot below finish grad~: Care shall be taken not to over excavate ditches and gutters below the grades indicated. Any excessive ditch and gutter 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 gutter paving as directed. The Contractor shall maintain all ditches and gutters 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 .11 /2 times the depth of the excavation. When storm drain pipe terminates in a new ditch, the headwall or end section together with ditch pavement 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. 1 06. 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. 07. BACKFILL ADJACENT TO STRUCTURES: Backfill adjacent to structures shall be placed and compacted uniformly in such a manner as to preventwedging 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. 08. 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. ~09. 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 TS - 3 6 inches offill or embankment. The material shall be placed in loose depth for the full width of the cross section and shall be compacted as required. 10. 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. 11. 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 notmore 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. 12. 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. Clearing 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. 13. 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 than 1/2 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. TS - 4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 14. 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. 15. MEASUREMENT AND PAYMENT: Excavation of all substances encountered, except rock excavation as stated in the Proposal, will be paid for at the lump sum amount therefor 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. TS - 5 CURBS AND GUTTERS, CONCRETE 01. SCOPE: This section covers construction of Portland cement concrete curbs and gutters, complete. 02. CONCRETE: Concrete and the equipment, workmanship and materials therefor shall conform to the applicable requirements ofthe CONCRETE CONSTRUCTION section, except as hereinafter specified. The maximum size of coarse aggregate shall be 1 1/2 inches and not less than 1 inch. Concrete sh~1I have a slump of not more than 3 inches. The concrete mixtures shall have an air content by volume of 4.5 percent, plus or minus 1.5 percent, based on measurements made on concrete immediately after discharge from the mixer. 03. SUBGRADE PREPARATIONS: The subgrade shall be constructed true to grade and cross section. The subgrade shall be of materials equal in bearing quality to the subgrade under the adjacent roadway or street and shall be placed and compacted to conform with applicable requirements of section entitled SAND-CLAY BASE COURSE with the following modifications. The subgrade for curb and gutter shall extend in all cases at least 1 foot in width back of the curb or gutter or valley pavement. The subgrade shall be tested for grade and cross section by means of a template extending the full width of the curb, gutter or combination curb and gutter. The subgrade shall be maintained in a smooth, compacted condition, in conformity with the required section and established grade until the concrete is placed. The subgrade shall be in a moist condition when concrete is placed. In cold weather, the subgrade shall be prepared and protected so as to produce a subgrade free from frost when the concrete is deposited. 04. FORMS: Forms shall be of wood or steel, straight and of sufficient strength to resist springing during depositing and consolidating the concrete. The outside forms shall have a height equal to the full depth of the curb or gutter. The' inside form of curb shall have batter as indicated and shall be securely fastened to and supported by the outside of the form. Straight forms of wood shall be 2 inch nominal surface plank, and of steel, shall be of approved section with a flat surface at the top. Rigid forms shall be provided for curb returns except that benders or thin plank forms may be used for curb or curb returns with a radius of 10 feet or more, where grade changes occur in the return, or where the central angle is such that a rigid form with a central angle of 90 degrees cannot be used. Back forms for curb return may be made 1/2 inch benders, for the full height of the curb, cleated together. Curb forms shall be carefully set to alignment and grade and to conform to the dimensions of the curb. Forms shall be held rigidly in place by the use of stakes placed at intervals not to exceed 4 feet. Clamps, spreaders and braces shall be used where required to insure rigidity in the forms. The forms on the front of the curb shall be removed not less than 2 hours nor more than 6 hours after the concrete has been placed. Forms back of curb shall remain in place until the face and top of the curb have been finished as specified in the FINISHING paragraph. Gutter forms shall not be removed for 12 hours after the concrete has been placed. Forms shall not be removed while the concrete is sufficiently plastic to slump in any direction. Forms shall be cleaned and coated with form oil each time before concrete is placed. Wood forms may, instead, be thoroughly wetted with water before concrete is placed, except that with probable freezing temperatures, oiling is mandatory. 05. JOINTS: Expansion joints and contraction joints shall be constructed at right angles to the line of curb, gutter, and combination curb and gutter. Dowels, tie-bars and reinforcement when required will be shown on the plans and shall be installed in accordance with the applicable details. Contraction joints shall be constructed by means of 1/8 inch thick separators, of a section conforming to the cross section of the curb, gutter entrance payments, and combination curb and TS - 6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I gutter. Contraction joints shall be so placed that monolithic sections between curb returns will be not less than 5 feet-nor greater than 15 feet in length. Separators shall be removed as soon as practicable after the concrete has set sufficiently to preserve the width and shape of the joint. After separator plates have been removed, all "exposed edges of joints shall be rounded with the proper edging tool to a radius of 1/4 inch. Expansion joints shall be formed by means of preformed expansion joint filler material cut and shaped to the cross section of the curb, gutter, entrance, and combination curb and gutter. Expansion joint filler, unless otherwise specified, shall conform to ASTM Standard 01751-60 or 01752-60 or shall be resin-impregnated fiberboard conforming to the physical requirement ofASTM Standard 01752-60. Expansion joints shall be provided in curb and combination curb and gutter at the ends of all returns. Expansion joints at least 1/2 inch in width shall be provided in non-reinforced concrete gutter at the locations indicated. ' 06. CONSTRUCTION: Curbs, gutters.and combination curb and gutters shall be ofthe dimensions and sections shown on the drawings. Reconstruction: Where the plans provide for reconstruction of existing curb, combination curb and gutter and the limit of new work specified does not fall on a joint, the entire section shall be removed and the new curb, combination curb and gutter or entrance pavement shall join the old curb at the first joint line beyond the specified limit. Placing Concrete: The faces and adjacent edges of abutting rigid pavements and structures shall be painted with an approved bituminous material prior to placing concrete. Concrete shall be placed in the forms to the specified depth in 6 inch layers and thoroughly consolidated by tamping and spading so that there are not rock pockets at forms, and mortar entirely covers the top surfaces. Concrete may be compacted by means of mechanical vibrators. Finishing: The edges of the gutter and top of the curb shall be floated and finished with a smooth wood float until true to grade and section and uniform in texture. The floated surfaces hall be then brushed with a fine-hair brush with longitudinal strokes. Immediately after removing the front curb form, the face of the curb shall be rubbed with a wood or concrete rubbing block and water until blemishes, form marks, and tool marks have been removed. The surface, while still wet, shall be brushed in the same manner as the gutter and curb top. The top surface of gutter and entrance shall be finished to grade with a wood float. Except at grade changes or curves, the finished surfaces shall not vary, from the testing edge of a 10 foot straightedge, more than 1/8 inch for curb and entrance and 1/4 inch for top and face of curb. Irregularities exceeding the above shall be satisfactorily corrected. Visible surfaces and edges of the finished curb, gutter, and combination curb and gutter'shall be free of blemishes and form and tool marks, and shall be uniform in color, shape and appearance. Curb-forming machines for constructing curb and gutter will be approved based on trial use on the job. Use of the equipment shall be discontinued at any time during the construction if the equipment produces unsatisfactory results, and the work shall be accomplished as specified hereinbefore. Unsatisfactory work shall be removed and reconstructed for the full length between regularly scheduled joints. Removed portions shall be disposed of as directed. 07. CURING AND PROTECTION: Curing: Immediately after the finishing operations, the exposed concrete surfaces shall be cured by one of the following methods as the Contractor may elect: Mat Method: The entire exposed surfa'ce shall be covered with cotton, mats conforming to Federal Specification 000-M-148 or with tow or more layers of burlap conforming to Federal Specification CCC-C-467b having a combined weight of 14 ounces or more per square yard when dry. Mats shall overlap each other at least 6 inches. The mats shall be thoroughly wetted with water prior to placing on the concrete surface and shall be dept continuously in a saturated condition and in intimate contact with concrete for not less than 7 days. Impervious-Sheeting Method: The entire exposed surface shall be wetted with a fine spray TS - 7 of water and then covered with water-proof paper conforming to ASTM Standard C171-63, or with wetted polyethylene-coated burlap or polyethylene sheeting conforming to the water-retention requirements of ASTM Standard C171-63, polyethylene sheeting and polyethylene film bonded to burlap shall be not less than 0.004 inch thick. Membrane-Curing Method: The entire exposed surfaces shall be covered with a pigmented membrane-forming curing compound. The curing compound shall be applied in two coats by hand- operated pressure sprayers at a coverage of approximately 200 square feet per gallon for both coats. The second coat shall be applied in a direction approximately at right angles to the direction of application of the first coat. The compound shall form a uniform continuous coherent film that will not check, crack, or peel and shall be free from pinholes or other imperfections. Concrete surfaces that are subjected to heavy;rainfall within 3 hours after the curing compound has been applied shall be res prayed by the method and at the coverage specified above at no additionai cost to the Owner. Joint openings shall be sealed at the top by inserting moistened paper or fiber rope or covering with strips of water-proof paper prior to application of the curing compound, in a manner to prevent the curing compound from entering the joint. Concrete surfaces to which membrane-curing compounds have been applied shall be adequately protected for 7 days from pedestrian and vehicular traffic and from any other action which might disrupt the continuity of the membrane. Any area covered with curing compound and damaged by subsequent construction operations within the 7 day period shall be res prayed as specified above at no additional expense to the Owner. Protection: After curing, debris shall be removed, and the backfill shall be placed as indicated. The completed curb, gutter, and combination curb and gutter shall be protected from damage until accepted. The Contractor shall repair damaged concrete and clean concrete discolored during the construction. Curb, gutter, and combination curb and gutter that are damaged shall be removed and reconstructed for the entire length between regularly scheduled joints, not be refinishing the damaged portion. Removed damaged portions shall be disposed of as directed. 08. SEALING JOINTS: The sealing of expansion joints in curb and gutter sections will not be required. Any expansion joint material protruding after the concrete is cured shall be trimmed flush with the surface. Expansion joints in the valley pavement shall be sealed with an approved joint sealer, conforming to Federal Specification SS-S-164. The joint opening shall be thoroughly cleaned of all foreign material before the sealing material is placed. The sealing shall be done in such manner that the material will not be spilled on the exposed surfaces of the concrete. Any excess material on the exposed surfaces of the concrete shall be removed immediately and the exposed concrete surfaces cleaned. 09. PAYMENT: No separate payment will be made for the work performed under this section. Payment will be included in the prices for the item of which concrete curb and gutter is an integral part. TS - 8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 CONCRETE CONSTRUCTION .... 1 01. SCOPE: This section covers concrete construction, complete, including reinforcement therefor. 02. 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. 03. 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 I or IA "Portland" cement, all one manufacturer, conforming to ASTM C 150-65 or ASTM C 175-66, 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 withstandard slump cone does not exceed the following: Slabs in grade Walls & Footings All others 04. Max. 4 inches, Min. 3 inches Max. 5 inches, Min. 3 inches Max. 6 inches, Min. 3 inches 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. TS - 9 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 projections 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. 05. PAYMENT: Payment will be made on the basis of unit prices as shown on the bid schedule. TS - 10 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I BITUMINOUS PAVING 01. SCOPE: This section covers the construction of pavement for all roads and parking areas,. complete. 02. GENERAL: Construction of the subgrade, base course and paving of the roadways and parking areas shall be undertaken immediately after completion of all storm drain lines and structures, all curbs and gutters, all yard piping, conduits and other facilities passing beneath paved areas, and all structural slabs and foundations required within or adjacent to the paved area. 03. APPLICABLE SPECIFICATIONS: All work and materials required under this section of the specifications shall conform to the applicable sections of the Standard Specifications of the Georgia Department of Transportation, latest Edition. 04. TESTS: The above work will be subject to thickness and compaction tests as deemed necessary by the Dept. of Public Works.. Such tests will be at the expense of the Contractor. 05. PAYMENT: No separate payment will be made for the work performed under this section. Payment will be included in the prices for the item of which bituminous paving is an integral part. TS - 11 CONCRETE - ASPHALT PAVEMENT PATCH 01. SCOPE: This section covers the construction of pavement removal and replacement, complete. 02. GENERAL: Construction of the subgrade, base course and paving of the roadways and parking areas shall be undertaken immediately after completion of all storm drain lines and structures, all curbs and gutters, all yard piping, conduits and other facilities passing beneath paved areas, and all structural slabs and foundations required within or adjacent to the paved area. 03. APPLICABLE SPECIFICATIONS: All work and materials required under this section of the specifications shall conform to the applicable sections of the Standard Specifications of the Georg'ia Department of Transportation, latest Edition. 04. TESTS: The work will be subject to thickness and compaction tests as deemed necessary by the Dept. of Public Works. Such tests will be at the expense of the Contractor. 05. PAYMENT: Payment will be made on the basis of unit prices as shown on the bid schedule. TS - 12 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I. I I I I I I I I GRASSING 01. SCOPE: This section covers the lurnishing 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. 02. 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 forseeding. 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. 03. 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 offertilizer 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 app'roved 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. 04. 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 6 pounds' per acre and Brown-Top Milletseed shall be applied at a rate of 40 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 1 0 pound~ 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. TS - 13 05. 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 abrupt humps and hollows, and to the established grade. 06. MULCHING: All areas planted to permanent grass shall be uniformly mulched with hay or straw at the ate of 1 1/2 tons per acre, except where hydroseeding is employed using a cellulose mulch mixed with the seed and fertilizer. 07 . ACCEPTANCE: Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and weeds are not dominant. 08. APPLICABLE SPECIFICATIONS: Included by reference in this section are the requirements of Section 700, Grassing, Standard Specifications for Highway Construction of the Georgia Department of Transportation, latest Edition. 09. 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. TS - 14 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I - ~ SECTION 14A WATER DISTRIBUTION SYSTEMS GENERAL: 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 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. 14.2 HORIZONTAL SEPARATION 14.2.1 Ten (10) feet to any existing or proposed sanitary sewer/force main, storm sewer or sewer manhole (less than 10 feet requires pipe material to be Ductile Iron Pipe (DIP) for both Water Main and Sewer/Force Main). 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. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-1 - ~ I I I I I I I I I I I I I I I I I I I 14.2.5 Current Georgia EPD separation requirements. 14.2.6 All separation distances above are edge to edge. 14.3 VERTICAL SEPARATION 14.3.1 Water main shall 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 shall be taken. At least 18 inches of separation between the bottom of the sewer and the top of the water main shall be provided. Adequate structural support for the sewer to prevent deflection or settling on the water main. The joint of water pipe shall be centered at the crossing. . Encasement of the water pipe in concrete shall also be considered. 14.4 LAYOUT 14.4.1 Normal location ot 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-ot-way. Unusual circumstances may warrant deviation. The location of the water line will be determined, also, by the location of the existing lines to be tied into at the beginning and end ot the project. 14.4.3 For subdivisions, the proposed water line shall be located four (4) feet from the back ot 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. Permanent dead ends will 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 blowoff shall be required for flushing purposes. A minimum of two 22-1/2-degree bends shall be required on 6" and larger water lines in cul-de- sacs and shall be shown as such on plans. 14.4.7 All water mains shall be placed in right-of-way areas or dedicated easements. All easements shall allow 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 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, I I I future 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 AWWA C150/ANSI A21.50 (latest version) for design and AWWA C151/ANSI A21.51 (latest version) for manufacture. PVC pipe 6 inch to 12 inch diameter shall conform to AWWA C900 (latest version). PVC pipe 14 inch to 36 inch diameter shall conform to AWWA C905 (latest version). For water mains6" through 16", DIP Pressure Class 350 shall be allowed. For water mains 18" through 24", DIP Pressure Class 300 shall be allowed. PVC C900 (most current date), Class 200, SDR-14 with cast iron equivalent O.D.s, gasket bell end with elastomeric gaskets shall be allowed for water mains 6" through 10" (solvent weld joints are not 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 conform to the requirements of AWWA 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 C104/ANSI A21.4 (latest version). DIP shall have 1/16" cement mortar lining with rubber gasket push-on joints or mechanical joints. Mechanical joint glands shall be ductile iron. Tee bolts and nuts shall be Cor-Ten steel. Ruboer gasket joints shall conform to AWWA C1111ANSI 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. 14.5.1.2 Within 15 feet of structures (nearside 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 aliowed within 10 feet of crossing. 14.5.1.4 Beneath all paved areas, excluding driveways or sidewalks. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-3 - ~ I I I I I I I I I I I I I I I '1 I I I 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 12-inch and Smaller - Restrained joint shall be U.S. Pipe Field Lok, American Ductile Iron Pipe Lok-Fast, EBAA Iron Mega-Lug, or an equivalent product. For 14-inch Diameter and Larger - Restrained joint shall be U.S. Pipe TR Flex, American Ductile Iron Pipe Lok-Ring, or equivalent product. If inserting in older cast iron pipe, the restrained joint shall be as approved by the Augusta Utilities Department. 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 Installations: 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 specifications. Carrier pipe shall be restrained joint DIP as outlined in paragraph 14.5.3. 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 su'ch 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. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-4 I I I I I .1 I I I I I I I I I I I I I 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 requirem~nts. In general, material requirements will be guided by the latest versions of the specifications ofAWWA, ANSI, ASTM, and NSF. 14.6 WATER 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. 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 VALVES, 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 conforming to AWWA C509 (latest version). Valves larger than 12 inches shall be gear operated butterfly valves, conforming to AWWA 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. The Utilities Director shall determine which mains are distribution or transmission. Valves shall OPEN LEFT if installed south of Gordon Highway (SR 10), or OPEN RIGHT if installed north of Gordon Highway. Valves shall be provided with valve stem extensions to within 6 inches of ground surface, where centerline of pipe to grade is greater than 4 fee.t. Valve boxes shall be M&H E-2702, Mueller H10364 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-3120 or Mueller H-10375. Covers shall have "WATER" cast on top. All valves, bends, tees, crosses and dead ends shall be restrained by a mechanical restraint 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 psf maximum. Lower values shall be used when soil is poor quality. All materials, fittings and appurtenances intended for use in pressure pipe Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-5 ~~:.GU~~! ,~ OR I I I I I I I I I I I I I I I I I I I 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 10 and larger shall be ductile iron conforming to AWWA C153 (latest version), with mechanical joints unless flanged or restrained joints are required. Gray cast-iron fittings are not allowed. Ductile iron fittings shall be cement lined in accordance with AWWA C104 (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 10, 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 B16.5. All flanges shall be flat fac.ed. Full Jace, 1/8 inch black neoprene gaskets shall be used on all flanged joints. All joints shall conform to AWWA C111 (latest version). Bolts, nuts and washers for flanges shall be hot dip galvanized, except T-bolts shall be Cor-Ten steel. List of Specifications: ANSI/AWWA C151/A21.51-96 4-FEB-1996 or latest version American National Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water ANSI/AWWA C150/A21.50-96 1996 or latest version American National Standard for Thickness Design of Ductile-Iron Pipe ANSI/AWWA C115/A21.15-941994 or latest version American National Standard for Flanged Ductile-Iron Pipe With Threaded Flanges ANSI/AWWA C111/A21.11-95 1995 or latest version American National Standard for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings ANSI/AWWA C153-98 1998 or latest version American National Standard for Ductile-Iron and Gray-Iron Fittings, 3 in. through 48 in. (75 mm through 1200 mm), for Water and Other Liquids ANSI/AWWA C1 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 water mains, transmission and distribution systems. Accepted models are Mueller #A-24018, M&H Figure 29T AWWA Compression Type-Dry Top-Traffic Model 150 psi working pressure, 300 psi testing pressure. Kennedy K-81 0 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. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-6 I I I I I I I I I I I I I I I I I I I ~"'\JCUS.. - cOra Fire hydrants shall be of the dry barrel break-away type conforming to AWWA C502(/atest version), with two 2 ~ inches threaded hose nozzles and one 4 ~ 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 be18 inches above the finish grade. Hydrants shall have a 5 'Xi 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/AWWA C500-93 1993 or latest version Metal~Seated Gate Valves for Water Supply Service (includes addendum C500a-95) ANSI/AWWA C502-94 1994 or latest version Dry-Barrel Fire Hydrants (includes addendum C502a-95) ANSI/AWWA C503-97 1997 or latest version Wet-Barrel Fire Hydrants ANSI/AWWA C504-94 1994 or latest version Rubber-Sealed Butterfly Valves ANSI/AWWA C507-99 1-DEC-1999 or latest version Ball Valves 6 in. through 48 in. (150 mm through 1200 mm) ANSf/AWWA C508-93 1993 or latest version Swing-Check Valves for Waterworks Service, 2 in. (50mm) Through 24 in. (600mm) NPS (includes addendum C508a-93 - ANSI/AWWA C509-94 1994 or latest version Resilient-Seated Gate Valves for Water-Supply Service (includes addendum C509a-95) ANSI/AWWA C550-90 1990 or latest version Protective Epoxy Interior Coating for Valves and Hydrants 14.9 WATER 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 1'50 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. . Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-7 I I I I I I I I I I I I I I I I I I I No direct service taps shall be allowed. All service line taps shall be supplied with corporation stops. Service line tubing shall be rolled of soft continuous and seamless copper Type K conforming to AWWA C800 and ASTM B-88 (latest version). Corporation Stops and Main Connectors: %" FB600 - 3 Ford or Equal 1" FB600 - 4 Ford or Equal Taper Thread Inlet by Flare Copper Outlet Eighth Bends: %" LA02 - 33 Flare 1/8 Bend %" LA04 - 33 Compression 1/8 Bend 1" LA02 - 44 Flare 1/8 Bend 1" LA04 - 44 Compression 1/8 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 are not acceptable. All water service taps on the main shall be spaced at a 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 termination point of all water services, and maintain until such time as a meter is installed. Meters will be installed by Augusta Utilities Department 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 ~, 2, 3, 4-:inch, and larger standard sizes as necessary. Meter boxes for 1 ~ inch and smaller meters are standard. 2-inch and larger shall be installed in a meter 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 ~ 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 large enough for removal of the meter but no smaller than 48" x 36". Wall dimensions shall allow 2 feet of working clearance. Vault floors shall be no less than 4 inches thick with 3,000 psi concrete arid #4 rebar, with the meter located no less than 18 inches off the floor. Augusta 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 - ~ 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. 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 shall include but not 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 BACKFLOW 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 (ASSE), The American National Standards Institute (ANSI), The American Water Works Association (AWWA) , 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 device 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 manual is available upon request. List of Specifications: ANSI/AWWA C510-97 1997 or latest version Double Check Valve Backflow-Prevention Assembly Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-9 - ~ I I I I I I I I I I I I I I I I I I I ANSI/AWWA 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 furnish. 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: . 14.14 WATER DISTRIBUTION SYSTEM INSTAllATION Authorization must be obtained from the Augusta Utilities Department to construct, alter or modify a water line. Construction of water infrastructure will be authorized by' the Utilities 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 current AWWA specifications and manufacturer's requirements for the specific product. Loading or unloading and storage of pipe, fittings, valves, etc. shall be done such that to avoid damage. The interior of all pipe, fittings, valves, etc. shall be kept free of dirt and foreign matter at all times. All piping shall be placed in a dry trench with a stable bottom. Wet trench installation shall be allowed only upon written approval of the Utilities Director. Mechanical restraint systems shall be required at each fitting involving a change of direction and as specified in the approved plans. Concrete thrust blocks will be allowed in lieu of mechanical restraint systems. Backfill shall be free of boulders and debris, and shall conform 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 block15, 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 true 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. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-1 0 I I I I . I I I I U o o I I I I I I I, I _ucu . COR 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/AWWA C600-93 1993 or latest version Installation of Ductile-Iron Water Mains and Their Appurtenances ANSI/AWWA C605-94 30-JAN-1994 or latest version Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water ANSI/AWWA C512-92 1992 or latest version Air Release, AirNacuum and Combination Air Valves for Water Works Service 14.14.1 Handling and Storing of Materials: Unload pipe so as to avoid deformation or other injury thereto. Place no pipe within pipe of a larger size. Store pipe and fittings on sills above 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 (Gef')eral): The interior of the pipe shall be clean and joint surtaces wiped clean and dry when the pipe is lowered into trench. Lower each pipe, fitting and valve into the trench carefully and lay true to line and without objectionable breaks in grade. The depth of cover below finished grade shall be not less than 3 feet, or as shown on the drawings. Give all pipes a uniform bearing on the trench bottom. Allow no trench water or dirt to enter the pipe after laying: Insert a watertight plug in the open end of the piping when pipe laying is not in progress. 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 governed by the latest A.R.E.A. Standards, Part 5, "Pipelines" and those of the railroad involved. 14.14.3.1 Casinq Pipe: The casing pipe shall conform to the materials standard of ASHy'! 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 carrier 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. . 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 Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-11 Augusta Utilities Department September 2000 Design Standards & Construction Specifications I I I I . I I I I I I I I I I I I I I I - ~ 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 expelling the entrapped air. No fire hydrant shall be opened full force during charging operations. Thereafter, furnish the necessary equipment and test the piping under the supervision of the Engineer for a period of at least 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 under test. Pressure testing shall be in accordance with the latest AWWA Standard C6DD, Section 4.1. at 1.5 times the working pressure at the. point of testing. Inspect all joints, and remedy to the satisfaction of the Engineer any defects discovered. Continue the test until all visible leaks have been eliminated from the part of the system under test, and the pressure remains constant with- a maximum pressure drop of 5 psi for the duration of the test. 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 = Allowable ~ leakage in gallons. per hour. S = The length of L - 133XX) pipe in the section tested. D = The nominal diameter of the pipe in inches. P = The average test pressure during the leakage test in pounds per square inch gauge. The leakage test shall be conducted in accordance with AWWA Standard C-6DD, Section 4.1 (latest version). 14.14.6 Connection to Existing System: All connections to existing mains shall be made under the direct supervision of the Augusta Utilities Department's Inspector. Valves on existing mains shall be operated by or under direct supervision of Augusta Utilities Department 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 error. 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 will 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 AWWA requirements. All wet taps shall be witnessed by.the Augusta Utilities Department's Inspector. 14-12 I I I 1 I I I I a D I U I I I I I I I " 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 determined by the Augusta Utilities Department's Inspector. If, in the opinion of the Augusta Utilities Department's Inspector, there is insufficient water available for proper flushing, the Contractor shall clean the lines by pigging. No flushing or cleaning shall take place without an Augusta Utilities representative present. The existing mains that the new mains are 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 determined in accordance with current AWWA specifications. The standard duration of test is four (4) hours. Testing procedures shall meet or exceed AWWA C600 (latest version) requirements. Any portions of the main which fail the test shall be replaced or adjusted until the entire new main passes the test criteria. The pressure and leakage test shall be done concurrently. 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. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-13 ~~~.GU~\ ,~ OR I I I I I I I I I I I I I I I I I I I 14.17 WATER/SEWER 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 DRAWINGS: 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. 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 14-14 I I I I I I I I I I I I I I o I I I I ~\lc.us . ,~ OR SECTION 148 SANITARY SEWER SYSTEMS GENERAL: All food service operations are required to install, operate, clean, and maintain a sufficiently sized oil and grease separator (grease trap) to prevent obstruction or interference with the proper operation of the sanitary sewer collection system and treatment plants. No sanitary sewer lines less than eight (8) inches in diameter may be installed. Sanitary laterals with clean-outs shall be installed.at ALL service tie-ins to the system. During construction when deviations from approved plans affecting capacity, flow, or operation 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 sewer facility proposed for connection or use by the project. DESIGN STANDARDS FOR SANITARY SEWER LINES: 14.20 COVER 14.20.1 Minimum cover to finished grade over sanitary sewer shall be four (4) feet. 14.20.2 Maximum cover shall be 20 feet unless otherwise approved by the Augusta Utilities Department. 14.21 HORIZONTAL SEPARATION 14.21.1 Ten (10) feet to water lines and storm sewer lines. 14.21.2 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). . 14.21.3 Ten (10) feet minimum separation to gas mains. 14.21.4 Ten (10) feet minimum to underground electric cable. 14.21.5 All separation distances above are edge to edge. 14.22 VERTICAL SEPARATION Eighteen (18) inch minimum separation (edge to edge) between all pipes and cables shall be maintained (6 inch absolute minimum separation with DIP) Augusta Utilities Department . September 2000 Design Standards & Construction Specifications 14-15 ~~\lCUS \ 1& l'o'::'c. I I I I I I I I I I I I I I I I I I I 14.23 LAYOUT 14.23.1 Sanitary sewer easements shall be a minimum of twenty (20) feet wide with the sewer line centered in the easement. 14.23.2Individual sewer services shall be a minimum of six (6) inches in diameter and shall extend from the main and terminate with a clean-out constructed at the edge of right-of-way. If the main is installed outside of the right-of-way, the services with clean-outs shall terminate at the edge of the permanent easement. All lines eight (8) inches in diameter and larger shall terminate in a manhole. Sewer lines installed parallel to lakes/streams/creeks shall be designed to leave a 25- foot undisturbed buffer along the edge of the bank. The required service lateral with clean-out shall be inspected by the Augusta Utilities Inspector prior to physical tie-in of private service line. The use of donuts or tying into the stack pipe of the clean-out is strictly prohibited. 14.23.3Under no circumstances shall house sewer services and water services be laid in the same trench. 14.23.4AII sewers shall be designed and constructed to give a mean velocity of 2.0 feet per second, when flowing full, based on Manning's formula using an un' of 0.014. The following are the minimum slope that should be provided; however, slopes greater than these are desirable. Size (inches) 8 10 12 14 15 16 18 21 24 27 30 33 36 39 42 Minimum Slope in Feet Per 100 Feet 0.40 0.28 0.22 0.17 0.15 0.14 0.12 0.10 0.08 0.067 0.058 0.052 0.046 0.041 0.037 Where velocities greater than 10 feet per second are attained, special provision shall be made to protect against displacement by erosion and impact. 14.23.5The maximum slope for a sanitary sewer line shall be 20%. All 20% sewers shall be DIP with concrete collar walls at every joint or alternate restraining system provided by design engineer. Slopes less than 20% are preferred. If steep slope is necessary, the Augusta Utilities Department Engineer must approve the design. 14.23.6Buoyancy of sewers shall be considered and flotation of the pipe shall be prevented with appropriate construction where high groundwater conditions are anticipated. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-16 I I I I I I I I o o I U I I I I I I I ~uc.s . E~; 14.23.7Manhole spacing shall not exceed 400 LF for sewers 15 Inches in diameter or smaller, and 500 feet for sewers 18 inches to 30 inches. 14.23.8Manholes shall be located at the junction of sewers and at changes in grade, pipe size, or alignment. They shall also be installed at all intersections. Sanitary sewer manholes should not be located where surface water drain into them. When this is not possible, a watertight cover shall be specified. For this purpose, and also for assisting in locating manholes across country, the rims shall be set above grade. 14.23.9A drop manhole shall be provided for a sewer entering a manhole at an elevation of 24 inches or more above .the manhole' invert. Where the difference in elevation between the incoming sewer and the manhole invert is less than 24 inches the invert shall be filleted to prevent solids deposition. 14.23.10Minimum angle between influent and effluent sanitary sewer lihes at a manhole shall be ninety (90) degrees. 14.23.11 Both vertical and horizontal alignments shall be reviewed with the Augusta Utilities Department prior to finalization. 14.23.12AII pipes crossing proposed sanitary sewer lines shall be shown as conflicts in plan and profile views on the sanitary sewer plan sheets (not on detail sheets). Crossings shall be designated by a letter (A, B, C, etc...) and include information regarding top of pipe and bottom of pipe elevations. Contact the Augusta Utilities Department for an example. The design engineer is responsible for identifying all conflicts. 14.23.13Where indicated on the plans, pipe stub-outs for the connection of future sewers shall be provided during the construction of new manholes. Each stub-out shall be plugged in the bell end of the stub-out with plug approved by Augusta Utilities. 14.24 SANITARY SEWER MATERIAL Pipe for sanitary sewers shall be polyvinyl chloride (PVC) or ductile iron pipe (DIP) as outlined below. However, DIP'is considered a remedial measure for special applications only. Standard pipe lengths not greater than 20 feet shall be used. Force main pipe shall be of approved C900-CL200 water pipe. PVC pipe shall be manufactured from virgin resin conforming to ASTM 'D-3034 (latest version) with minimum classification of SDR-35. DIP shall be epoxy-lined and conform to AWWA C151/ANSf A21.51 (latest version). Design methods shall conform to AWWA C150/ANSI A21.50 (latest version). DIP shall be Class 350 for 12" and smaller. All fittings shall be of the same quality and material as the pipe to be used. Pipe classes shall be determined based upon the installation and the use intended. Pipe shall be appropriately labeled on the drawings. WYE fittings shall be utilized. TEE fittings and saddles shall not be allowed. All DIP fittings shall be ductile iron or cast iron. Aerial pipe shall be mechanical joint DIP or continuous weld, wrapped and coated steel pipe. Piers shall be placed at every joint directly behind the bell. Site conditions may dictate construction utilizing more stringent requirements than indicated in the standard detail. Anchor collars shall.be constructed on the pipe whenever pipe grade is 20% or greater. Restrainers may be used in lieu of collars when a particular brand and method are determined equivalent. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-17 I I I I I I I I I I .1 I I I I I I I I 14.24.1 DIP shall be required in the following circumstances: 14.24.1.1When sanitary sewer line has less than four (4) feet of cover. Minimum depth of DIP is two (2) feet. 14.24.1.2 When a sanitary sewer line cross over storm pipe (Must be one joint of DIP centered on the crossing) 14.24.1.3When a sanitary sewer line passes laterally within one (1) foot of a storm sewer line (Must be one joint of DIP centered on the crossing). 14.24.1.4When a sanitary sewer line is to have in excess of eighteen (18) feet of fill. 14.24.1.5When a sanitary sewer line is at the maximum slope of 20%. 14.24.1.6For last joint of pipe at all drop manholes greater than three (3) feet. 14.24.1.7When a sanitary sewer is less than six (6) feet under a street. 14.24.1.8The 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, extensive length under pavement, or in private property away from right-of-way areas. 14.24.2 PVC shall be jointed with a rubber gasket and shall conform to ASTM F477 (latest version) and manufacturer's recommendations. Solvent weld is prohibited. DIP shall be of the bell and spigot type with push-on joints conforming to ANSI A21.11 (latest version) or mechanical joints. 14.24.3 Sewer Pipe Bedding: Bedding requirements shall apply to sanitary sewer lines only. They are not to be considered minimum bedding requirements and as such, do not relieve the Engineer/Contractor of the responsibility to provide any additional bedding necessary for proper construction. Bedding shall be carefully placed along the full width of the trench so that the pipe is true to line and grade of the pipe barrel. Bell holes shall be provided so as to relieve pipe bells of all load, but small enough to ensure that support is provided throughout the length of pipe. Crushed stone embedment material shall conform to ASTM C33, Graduation #67 (3/4" to #4). Bedding material shall be placed underneath and be carried up the sides of the pipe as specified below. Class B Bedding shall be performed by first undercutting the trench an adequate amount to provide bedding under the pipe bell. The trench shall then be brought to grade with compacted crushed stone as specified above for the full width of the trench. The bedding material shall be placed in the zone four (4) inches below the pipe and the pipe laid to line and grade and backfilled with compacted crushed stone placed the full width of the trench up to one-half the outside diameter of the pipe. Select backfill placed in six (6) inch layers and compacted shall be the backfill from the spring line of pipe to 18 inches above the pipe. A minimum Class B Beddinq shall be used for all plastic pipes. Class C Bedding shall be performed by first undercutting the trench an adequate amount to provide bedding under the pipe bell. The trench shall then be brought to grade with compacted crushed stone 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 as speCified above for the full width of the trench. The beddil")g material shall be placed in the zone four (4) inches below the pipe and the pipe laid to line and grade and backfilled with compacted crushed stone placed the full width of the trench up to one-fourth the outside diameter of the pipe. Select backfill placed in six (6) inch layers and compacted shall be the backfill from the bedding material to 18 inches above the pipe. A minimum Class C BeddinQ shall be used for all ductile iron pipes. 14.24.4 Jack and Bore Installations: Casing pipe used with jack and bore shall be in accordance with requirements of the Georgia Department of Transportation (GDOT) or railway speCifications. 14.24.5 New sewers shall be tied-in to the existing sewers at locations indicated on the plans. No lines smaller than six (6) inches shall be tied to a sewer line or manhole. All tie-ins to existing manholes shall be cored. The Contractor shall be responsible for maintaining , uninterrupted service of the sanitary sewer during tie-in operations. No connection to existing sanitary sewer shall be allowed until the proposed sewer line is inspected and approved by the Augusta Utilities Department's Inspector. 14.24.6 Side sewers shall be installed where shown on the plans. A side sewer consists of a sewer extending from a connection to the street or main sewer to its connection to the house sewer or other point. For new 8" through 12" diameter sewers, the side sewer connection shall be constructed with a wye fitting in the street sewer with a 45-degree elbow. For new 15" and larger pipes, or existing sewers, the connection shall be made by machine made tap and suitable saddle, unless otherwise approved by the Augusta Utilities Department. Belled pipe shall be laid with the bell end up grade and in general, all pipe laying shall start and proceed up grade from the point of connection at the street sewer or other starting point. Pipe shall be laid in a straight line at a uniform grade between fittings or on a uniform horizontal or vertical curvature achieved by deflecting the pipe joints within the manufacturer's recommended limits. The maximum deflection permissible .at anyone fitting shall not exceed 45 degrees. The maximum deflection of any combination of two adjacent fittings shall not exceed 45. degrees unless straight pipe not less than 2 Y:z feet in length be installed between such adjacent fittings or unless one of such fittings is a wye branch with a c1eanout provided on the straight leg. 14.24.7 Material for transition (e.g., PVC to DIP) shall be indicated and specified. Where offset of DIP is required, mechanical joint DIP shall. be installed with mechanical joint heavy body DIP sleeves at the reconnections. 14.24.8 Sanitary Sewer Manholes: Precast manholes shall conform to the latest edition of ASTM C-478 (five inch wall thickness). Use six (6) inch wall thickness if manhole exceeds 20 feet in depth. All holes for incoming and outgoing pipe will, whenever possible, be precast, with pipe tie-in made using PS10 flexible gasket, manufactured by PressSeal Gasket Corporation, or approved. equal. In the event of the necessity of cutting new holes, the holes shall be machined cored neatly anq carefully so as not to damage the structural integrity of the manhole and large enough to allow the insertion of a. flexible rubber boot. Precast holes shall be flexible boot fitted. Barrel joints shall be tongue and groove with performed plastic meeting the requirements of Federal SpeCifications SS-S-00210, "Sealing Compound, Preformed Plastic Pipe Joints" Type I, rope form, also known as "Ram Neck." Eccentric manholes cones are required. Inverts shall be constructed of 3,000 psi plant mix. Manhole steps shall be instalied in all sections of each manhole as indicated on the drawings. Frame and covers shall be cast or ductile iron and set in Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-19 - ~ I I I I I I I I I I I I I I I I I I I a bed of mortar on the top of the manhole and completely grouted outside and wiped smooth. Ring and cover shall be USF-170 or approved equal. Cover shall read "Sanitary Sewer." Watertight manhole covers are to be used wherever street runoff"Or high water may flood the manhole tops. Locked manhole covers may be may be desirable in isolated easement locations or where vandalism may be a problem. Where corrosive conditions due to septicity or other causes is anticipated, consideration shall be given to providing corrosion protection on the interior of the manholes. The minimum diameter of manholes shall be 48 inches; larger diameters are required for large diameter sewers. A minimum access diameter of 22- }4 inches shall be provided. Outside drop manholes shall be precast and constructed for incoming lines having invert 24 . inches or more above the. invert of the manhole outlet, with DIP and tie rods per Detail No. 14.08. Shallow manholes shall be precast or Type 8 slab top precast and shall be constructed in accordance with ASTM C-478 (latest version). Drop manholes should be constructed with an outside drop connection. Inside drop connection (when necessary) shall be secure to the interior wall of the manhole and provide access for cleaning. Inside drop connections shall be used only when approved by the Utilities Department Engineering Division. Due to the unequal earth pressure that may result from the backfilling operation in the vicinity of the manhole, the entire outside drop connection shall be encased in concrete. A bench shall be provided on each side of any manhole channel when the pipe diameter(s) are less than the manhole diameter. The bench should be sloped no less than 1'2 inch per foot (4 percent). No lateral sewer, service connection, or drop manhole pipe shall discharge onto the surface of the bench. 14.24.11 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. 14.24.12 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 AWWA and ASTM. 14.25 SANITARY SEWER SYSTEM DESIGN Design requirements are as follows: 14.25.1 Per Capita Flow, Average: 125 gallons per day (gpd) 14.25.2 Minimum velocity in collector sewer 2.0 feet per second (fps) 14.25.3 Maximum velocity in collector sewer: 10.0 feet per second (fps) 14.25.4 Minimum collector sewer size: 8 inch Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-20 I I I I I I I I I I I I I I I I I I I ~\JC . ,~ OR 14.25.5 Infiltration Allowance: 25 gpd/in :Dia/mile 14.25.6 Ratio of Peak to Average flow: 2.5 14.25.7 Design depth of flow@ Peak Flow: 0.75 of Full 14.25.8 Design Period: 30 Years 14.25.9 Minimum Manning's "n" Factor: 0.014 14.26 LIFT STATION DESIGN All lift stations shall be installed underground, unless otherwise directed by the Utilities Director. Wet well size and pump sizing snail be determined by a professional engineer, after a comparative study has been done of the area surrounding the proposed construction. Potential future development of the surrounding area should be incorporated into the design. All potable water services around sewage pumping facilities shall be provided with an approved reduced pressure backflow prevention (RPZ) device. ' All pipes entering the wet well and discharging from the wet well into the valve pit shall be mechanical joint DIP. PVC pipe will not be permitted. Pipes shall be sized per the design engineer's calculations and pump data. 14.26.1 14.26.2 14.26.3 Pumps, valves, and pipe sizes, shall be designed by a professional engineer. Calculations for the design shall be submitted to the Augusta Utilities Department for review and approval. Pump specifications shall be provided to Augusta Utilities for review. Valves shall have a minimum of a 18-inch clear zone in all directions. The valve pit shall consist of a precast manhole cone section or a precast concrete box. The bottom shall have' 2-inch diameter pre-drilled holes filled with gravel for drainage. A cone section shall be set on a minimum 4-inch thick concrete slab with an open bottom and gravel for drainage. For proposed piping, the manhole shall have cored holes fitted with flexible rubber boots. Standard ring and cover shall be installed and grouted to the cone section. The top of the valve pit shall be a minimum of six (6) inches above finished grade. Electrical systems and components (e.g., motor, lights, cables, conduits, switch boxes, control circuits, etc.) in raw wastewater wells, or in enclosed or partially enclosed spaces where hazardous concentrations of flammable gases or vapors may be present, shall comply with the National and the City of Augusta Electrical Code requirements. In addition, equipment located in the wet well shall be suitable for use under corrosive conditions. Each flexible cable shall be provided with a watertight seal. and separate strain relief. A fused disconnect switch located above ground shall be provided. For the main power feed for all pumping stations. When such equipment is exposed to weather it shall meet the requirements of weatherproof equipment. One such equipment such as the control panel' shall be duplex NEMA 4X with audible and visible alarms. Lightning and surge protection systems should be considered. A 110 volt power receptacle to facilitate maintenance shall be provided inside the control panel for lift stations that have control panels outdoors. Ground fault interruption protection shall be . provided for all outdoor outlets. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-21 14.26.4 14.26.5 I I I I I I I I I I I I I I I I I I I Permanently-installed or portable engine-driven generating equipment must be available for emergency operation of all lift stations. Generating unit size shall be adequate to provide power for pump motor starting current and for lighting, ventilation, and other auxiliary equipment necessary for safety and proper operation of the lift station. The City of Augusta must approve allowance for the operation of only one pump during periods of auxiliary power supply. Special sequencing controls shall be provided to start pump motors unless the generating equipment has the capacity to start all pumps simultaneously with auxiliary equipment operating. 'Where portable generating equipment or manual transfer is provided, sufficient storage capacity with an alarm system shall be provided to allow time for detection of pump station failure and transportation and connection of generating equipment. Special electrical connections and double throw switches shall be installed at all lift stations where emergency power will be provided by portable generating equipment. ,Design engineer and/or contractor shall coordinate type and size of all permanent or portable generators with City of Augusta prior to lift station construction. Wastewater pumping stations and portable equipment shall be supplied with a complete set of operational instructions, including emergency procedures, maintenance schedules, tools and spare parts as may be necessary. CONSTRUCTION: 14.27 INSTALLATION Authorization must be obtained from the Augusta Utilities Department to construct, alter or modify a sanitary sewer line. Construction of sewer infrastructure 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 sanitary sewer pipe and associated appurtenances shall be in accordance with current ASTM 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. All pipe shall be carefully examined before it is installed in the trench. Damaged pipe or pipe which does not meet specification requirements shall be rejected and removed from the work site. The interior of all pipe, fittings, valves, etc. shall be kept free of dirt and foreign matter at all times. All piping shall be placed in a dry trench with a stable bottom. Wet trench installation shall be allowed only upon written approval of the Utilities Director. Backfill shall be free of boulders and debris, and shall conform 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. All concrete cradles, saddles, or encasements shall be installed as shown on the plans. These structures shall be constructed in strict accordance to the details shown on the plans. Concrete shall Design Standards & Construction Specifications Augusta Utilities Department September 2000 14-22 I I I I I I I I I I I I I I I I I I I - ~ have a28 day compressive strength .of 3,000 psi when tested in accordance with ASTM Specification C-39. .~ All manholes indicated on the plans shall be furnished and installed by the Contractor in strict accordance with the plans. The invert channels shall be smooth and accurately shaped to the semicircular bottom conforming to the inside of the adjacent sewer sections as shown on the plans. Changes in direction of the sewer and entering branches shall have as long a radius of the true curvature as the size of the manhole will permit. The top of manholes shall be topped out with brick as indicated on the plans. The number of courses will depend on the required elevation of the top of the manhole. The maximum number of brick courses allowed shall be three (3). New sewer lines shall be inspected through use of camera inspection equipment with an Augusta Utilities Department Inspector at the time of installation and again before the one-year warranty expires. The Developer is to provide the Augusta Utilities Department with a color VHS system videotape of the inside of every reach of sanitary sewer installed. The tape shall record manhole number to manhole . number, date of recording, and distance from start of run. The tape shall include a distance and location description of every service line connection installed. The manhole numbering system shall be the same as shown on the approved development plans. 14.27.1 INSTALLATION: 14.27.1.1 Sewer Pipe Laying: The pipe shall be laid with bell or groove end upgrade. Pipe shall be tested for soundness" clear interior and satisfactory joint surfaces before lowering the pipe into the trench. Pipe shall be laid in straight lines and on uniform grades ,between points where changes in alignment or grade are shown. The pipe barrel shall be uniformly bedded. The line and invert grade of each pipe shall be checked from a top line carried on batter boards not over 25 feet apart or by use of a laser beam. target inserted in each joint. Pipes shall be laid to form a smooth, uniform invert. A stopper shall be installed in the pipe mouth when pipe laying is not in progress. PVC gravity sewer pipe and force main shall be installed in accordance to ASTM D2321, latest version. Ductile iron force main shall' be installed in accordance with AWWA C6DD, latest version. 14.27.1.2 Backfilling Around Pipe: As soon as. the joint material has set, fine earth shall be carefully tamped around each joint, and around and over the pipe to a depth of at least 2 feet above the top of gravity pipelines. In addition, all PVC sewer pipe shall be bedded in selected material from the, pipe centerline down to a point 3 to 6 inches below the pipe invert. Selected materials for this purpose shall be Class I or II soilsas specified in ASTM D2321. Reconstruction of any roadway section or right-of-way shall be in accordance with the . Georgia Department of Transportation and City of Augusta Specifications. 14.27.1.3 Sewer Structures: Appurtenant sewer structures shall be constructed according to one or more of the following methods: 14.27.1.3.1 Masonry: Brick for manholes and other sewer structures shall be laid with shove joints completely filled with mortar. Horizontal joints shall not exceed 2 inch, vertical joints 3 inch on their interior face. In circular structures, all brick shall be laid as header with joints broken between courses. Interior joints shall Design Standards & Construction Specifications Augusta Utilities Department September 2000 - 14-23 ~\lGUS . eo;' I I I I I I I I I I I I I I I I I I I be struck or wiped smooth with the face of the wall. The exterior of sanitary sewer manholes shall be plastered toa thickness of atleast 2 inch. 14.27.1.3.2 Lavino Brick and Concrete Block Work: Only clean brick or block shall be used. The brick or block shall be moistened by suitable means, as directed, until they are neither so dry as to absorb water from the mortar, nor so wet as to be slippery when laid. Each brick or block shall be laid in a full bed and joint of mortar without repairing subsequent grouting, flushing, or filling, and .shall be thoroughly bonded as directed. 14.27.1.3.3 Plasterinq and Curino Brick or Block Masonry: Outside faces of masonry shall be plastered with mortar from 3 inch to d inch thick. If required, the masonry shall be properly moistened prior to application of the mortar. The plaster shall be carefully spread and troweled so that all cracks are thoroughly worked out. After hardening, the plaster shall be carefully checked by being tapped for bond and soundness. Unbonded or unsound plaster shall be removed and replaced. Masonry and plaster shall be protected from too rapid drying by the use of burlap kept moist, or by other approved means, and shall be protected from the weather and frost, all as required. 14.27.1.3.4 Manhole Inverts: Manhole flow channels shall be constructed of concrete, sewer pipe, brick or precast, and shall be of semicircular section. Each manhole shall be provided with such channels for all connecting sewers. The inverts shall conform accurately to the size of the adjoining pipes. Side inverts'shall be curved and main inverts (where direction changes) shall be laid out in smooth curves of the longest possible radius which is tangent to the centerlines of adjoining sewers. 14.27.1.3.5 Drop Manholes: Drop inlets shall be provided into manholes on sanitary sewers for incoming lines having inverts 2 feet or more above the inverts of the manhole outlet lines. Drop pipe and fittings shall be encased in masonry integral with the manhole and extending from the manhole base to the top of the incoming sewer. Diameter of drop manholes to be four feet at a minimum. 14.27.1.3.6 Settino Manhole Frames and Covers: Manhole frames shall be set with the tops conforming accurately to the grade of the pavement or finished concentric with the top of the masonry and in a full bed of mortar so that the space between the top of the manhole masonry and the bottom flange of the frame shall be completely filled and made watertight. A thick ring of mortar extending to the outer edge of the masonry shall be placed all around the bottom flange. The mortar shall be smoothly finished to be flu'sh with the top of the flange and have a slight slope to shed water away from the frame. Manhole covers shall be left in place in the frames on completion of other work at the manholes. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-24 I I I I I I I I I I I I I I I I I I I 14.27.1.4 14.27.1.5 14.27.1.6 14.27.1.7 14.27.1.8' - ~ 14.27.1.3.7 Settina. Precast Manholes Sections: Precast-reinforced concrete manhole sections shall be set so as to be vertical and with sections and steps in true alignment. All holes in sections, used for their handling, shall be thoroughly plugged with mortar. The mortar shall be 1 part cement to 12 parts sand; mixed slightly damp to the touch until it is dense and an excess of paste appears on the surface; and then finished smooth and flush with adjoining surfaces. Bulkheads and Flushing: The contractor shall build a tight bulkhead in the pipeline where new work enters an existing sewer. The bulkhead shall remain in place until its. removal is authorized by the Engineer. Care shall be taken to prevent earth, water and other materials from entering the pipe, and when pipe laying operations are suspended, the Contractor shall maintain a suitable stopper in the end of the pipe and also at openings for manholes. All sanitary sewer, except building connections shall be flushed with water in sufficient volume to obtain free flow through each line. All obstructions shall be removed and all defects corrected. As soon as possible after ttie pipe and manholes are completed on any line, the Contractor shall flush out the pipeline using a rubber ball ahead of the water. None of the flushing water or debris shall be permitted to enter any existing sewer. Temporary Plugs: At all tim'es when pipe laying is not actually in progress, the open ends of the pipe shall be closed by temporary watertight plugs or by other approved means. If water is in the trench when work is resumed, the plug shall not be removed until all danger of water entering the pipe has passed. Joints and Structure Rightness: All pipe joints shall be made as nearly watertight as practicable. There shall be no visible leakage at the joints and there shall be no sand, silt, clay, or soil of any description entering the pipelines ~t the joints. Leaks in the pipelines which cause infiltration or exfiltration to exceed limits herein specified shall be repaired by replacing defective pipe. Grouting and/or caulking to repair pipelines where excessive infiltration or exfiltration is evident will not be permitted. Fittings and Stoppers: Branches and fittings shall be laid by the Contractor as indicated on the drawings and/or as directed by the Engineer. Open ends of pipe and branches shall be closed with premolded gasket joint stoppers which conform with the same requirements as pipe being used. Sewer Line Relation to Water Lines: Sewer lines and sewer force mains in relation to water lines shall conform to "Ten States Standard" Section 29.3 at a minimum. Sewer lines shall have at least'a 10 foot pipe-to-pipe horizontal separation from known or proposed water mains. When a sewer crosses under a water main, there shall be at least 18 inches from the crown of the sewer line to the bottom of the water main. In all cases where adequate vertical separation as stated above cannot be achieved (or whenever sewer lines must be installed to cross above a water main), both the water and sewer lines shall be constructed of ductile iron pipe a distance of 10 feet on each side of their intersection with one full length of water main centered on the sewer line. Design Standards & Construction Specifications Augusta Utilities Department September 2000 14-25 14.27.1.9 14.27.1.10 14.27.1.11 14.27.1.12 I I I I I I I I I I I I I I I I I I I Minimum Cover for Sewer Lines: Gravity sewer. lines shall have a minimum of 3 feet of cover at the crown of the pipe. In cases where this minimum cover cannot be achieved, ductile iron pipe shall be used. " Detectable ,Tape:" Detectable tape as manufac~ured by Reef Industries of Houston, Texas, or equal shall be installed during the backfill operation at a point 1 foot below the final finished grade. The detectable tape shall be a 5.5 mil composition film containing one layer of metalized foil laminate between two layers of inert plastic film specifically formulated for prolonged use underground. The tape shall be highly resistant to alkalis, acids and other destructive agents found in the soils. The detectable tape shall bear a continuous prin,ted message "Caution Sanitary Sewer Line Buried Below." The message shall be printed in permanent ink formulated' for prolonged use underground. Letters shall be c1early"legible and have a minimum height of 1.2 inches. Boring and Jacking: Where required ,by the drawings, the sanitary sewer line 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 with the standards of the Georgia Department of Transportation or local authority. Boring and jacking under railroads will be governed by the latest A.R.E.A. Standards, Part 5, "Pipelines" and those of the railroad involved. 14.27.1.11.1 Casinq Pipe: The casing pipe shall conform to the materials standards 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. 14.27.1.11.2 Carrier Pipe: The carrier pipe shall be ductile iron as specified herein. 14.27.1.11.3 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 pipe by more than approximately 1 inch, remedial measures will be taken as approved by the Engineer. " When installing water lines through casing, the Contractor shall mechanical joint pipe with retainer glands throughout the length of the casing. The sanitary sewer line shall be strapped to treated wooden skids with metal straps throughout the length of the casing. The empty space shall, then be filled with sand and the ends of the casing shall be sealed with brick and mortar. Force Main Installation: In general, sewer force main must be installed in accordance with the water distribution system specifications. Polyvinyl chloride (PVC) force main must conform toASTM D-2241, latest version. Design Standards & Construction Specifications Augusta Utilities Department September 2000 14-26 I I I I I I I I I I I:. I I I I I I I I ~\.lGUS~ I 8: co;;' Ductile iron force main must conform to ASTM ':--~77, latest version. 14.27.1.13 Removal and Replacement of. Existing Pipe and Equipment: where indicated on the drawings or required to properly place the work under this contract, as approved by the Engineer, the Contractor shall remove and replace such pipe lines and equipment in a manner as approved by the Engineer. 14.27.2 INSPECTION INFIL TRATION/EXFIL TRATION LEAKAGE TESTS Upon completion of a section of the sewer, the Contractor shall dewater it and conduct a satisfactory test to measure the infiltration or exfiltration for at least three' consecutive days. The amount of infiltration including "Y" branches, and connections shall not exceed 1 00 gallons per inch diameter per mile of sewer pipe per 24 hours for gravity sewer pipe. The amount of 50 gallons per inch diameter per mile of sewer per 24 hours shall not be exceeded for ductile iron pipe. The Contractor shall be responsible for the satisfactory watertightness of the entire section of sewer. As required, suitable bulkheads shall be installed to permit the test of the sewer. Where the ground water level is less than 1 foot above the top of the pipe at its upper end, or as directed by the Engineer, the sewer shall be subjected to exfiltration testing by plugging the pipe at the lower end and then filling the pipelines and manholes with clean water to a height 4 feet above the top of the sewer at its upper end. The leakage out of the sewer, measured by the volume of the water necessary to maintain meter level in the highest manhole, shall not exceed 200 gallons per inch diameter per 24 hours per mile of sewer for gravity sewer pipe. The amount of 50 gallons per inch diameter per 24 hours per mile of sewer shall not be exceeded for ductile iron pipe. The sewer shall be tested before any connections are made to buildings or to active sewers. The Contractor shall construct such weirs and bulkheads as may be required, shall furnish all water, labor, test plugs, power, pumps, meters, and other equipment necessary for the test to be properly made.' . The Contractor may use a low pressure air test as an option to the hydraulic infiltration/exfiltration leakage test for gravity lines provided the Contractor established a correlation between the air test . results and the quantity of infiltration/exfiltration actually being experienced by the line and the allowable air pressure drop shall be that 'corresponding to the allowable hydraulic leakage specified previously in this section. Such a correlation is to be established according to a procedure satisfactory to the. Engineer. The low pressure. air test shall be performed in accordance with the applicable sections of the Uni-Bell UNI-B-6-90, latest version. If the Contractor opts to use the low pressure air test, leakage tests on manholes shall be conducted independently of the lines by using a hydraulic infiltration/exfiltration test as directed by the Engineer. The allowable infiltration into the manhole over a 24 hour period is zero and the allowable exfiltration is also zero when tested by plugging off the manhole and filling it with water four feet above the top of the sewer and measuring the water loss over a 24 hour period. 14.27.3 MEASUREMENT AND PAYMENT . Payment will be made at the unit contract prices as shown in the bid schedule under Sanitary Sewer. Measurement of pipelines shall be the actual number of linear feet of pipe installed, complete in place and accepted. No deductions in length will be made for manholes. Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-27 - ~ I I I I I I I I I I I I I I I I I I I Measurement of manholes will be the vertical dimension to the nearest tenth of a foot from the invert of the outlet pipe to the top of the manhole cover ring casting. Concrete encasement will be paid for at the contract unit price, per cubic yard, for the actual volume of concrete placed, up to the volume of concrete required by the maximum dimensions for concrete encasement shown on the plans. Concrete in the excess of that volume will not be paid for. No separate payment will be made for any special fittings, tie-ins, or connections, nor will any separate payment be made for normal bedding of sewer pipe. Service lines will be paid for at the unit contract price as shown in the bid schedule under Sanitary Sewer, complete as shown on the plans Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-28 I I I I I I I I I 1 I I I I I' I 1 I I ~\JC\J . OR 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 information prior to proceeding with the work. ' He shall make reasonable and satisfactory provisions for, the maintenance of traffic on stre'ets, drives, walkways and at street crossings and if necessary to provide 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 Permit 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 pr~:>vided on each side of the pipe. The bottom of trenches shall be accurately graded to provide uniform bearing and suppo'rt for each section of the' pipe on undisturbed soil at every point along its entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded. Bell holes shall be excavated only to an extent sufficient to permit accurate work in the making of the joints ,and to insure that the pipe, for a maximum of its length will rest upon the prepared bottom of the trench. Depressions for joints other than mechanical shall be made in accordance with the recommendations of the joint manufacturers for the particular joint used. 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 shalt be excavated to a minimum overdepth of 4 inches below the normal required trench depth. The overdepth rock excavation and all excess trench excavation shall be backfilled with loose, moist earth, thoroughly tamped. Rock is defined as materials which are so hard or cemented that the excavation of such Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-29 ~1.lc.US.'~ - OR I I I I I I I I I I I I I I I I I I I material requires blasting. The excavation shall proceed in a conventional manner with satisfactory effort made to remove hard materials before the Engineer makes a determination of need for blasting. Predrilling and blasting will be allowed, if the Contractor can provide evidence for the Engineer's review that boring logs can and will show that the material can or cannot be excavated. Evidence will be provided for the Engineer's review and approval before predrilling and blasting is undertaken. The excavation and removal of isolated boulders or rock fragments larger than one cubic yard in volume encountered in materials of common excavation shall be classified as rock excavation. Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the drawings, is encountered in the trench b.ottom, such soil shall be removed to a depth required for the lengths designated by the Engineer, and the trench backfilled to trench bottom grade, as herein specified, with coarse sand, fine gravel, or other suitable material. Backfill with earth under structures will not be 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 grading in the vicinity of trench excavation shall be controlled to prevent surface ground water from flowing into the trenches. Any water accumulated in the trenches shall be removed by pumping or by other approved methods. During excavation, material suitable for backfilling shall be stored in an orderly manner 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 unsuitable for backfilling, as determined by the Engineer, shall be removed from the job site and disp'osed of by the Contractor in a manner 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 such 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 1 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 used only within legal limitations. Before explosives are used, all necessary permits for this work shall be secured and all precautions taken in the blasting operations to prevent damage to private or public property or to persons. The Contractor shall assume full liability for any damage that may occur during the use of explosives. No blast shall be set off within 50 feet of pipe already laid in the trench. 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 Augusta Utilities Department September 2000 Design Standards & Construction Specifications 14-30 I I I I I I I 1 I I I -. I I I I I I I I ~ ~ 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 within Augusta right-of-way. shall conform to Georgia Department of Transportation and City of Augusta specificatio'ns. For backfill up to a level 1 foot over the top of pressure pipelines and 2 feet above the top of gravity pipelines, only selected materials shall be .used. Select materials shall be finely divided material free from debris, organic material and stone, and may be suitable job excavated material or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform layers not exceeding 6 inches in depth. Each layer shall be moistened and carefully and uniformly tamped with mechanical tampers or other suitable tools. Each layer shall be placed and tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral displacement. 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 se~tlement occurs, shall be reopene.d to the depth required for proper compaction, then refilled and compacted with the surface restored to the required grade compaction. Along all portions of the trenches not located in roadways, the ground shall be graded to a reasonable uniformity and the mounding over the trenches left in a neat condition satisfactory to the Engineer. i:1~ Sheeting not specified to be left in place shall be removed as the backfilling progresses. Sheeting shall be removed in such a. manner a's 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 b~ left in place. 14.32 BORING AND JACKING Where required by the drawings, the 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 with the standards of the Georgia Department of Transportation or local authority. Boring and jacking under railroads will be governed by the latest A.RE.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 September 2000 Design Standards & Construction Specifications . 14-31 ~\lc.s . E~R I I I I I I I I I I I I I I I I I I I 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 appurte,nances, except as hereinafter provided for,will be considered as incidental to the construction 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 overcutand 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. Pavem~nt 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 14-32 .., - . ~ '; AIA Document A312 Performance Bond Bond 11SB103602320 Conforms with the American Institute of Architects, AlA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Mabus Brothers Construction Co, Inc 920 Molly Pond RD, Augusta, GA 30901 OWNER (Name and Address): City of Augusta 530 Greene St, Augusta, GA CONSTRUCTION CONTRACT Date: Amount $1,965,350.58 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety'Company of America One Tower Square, Hartford, CT 06183 Description (Name and Location): Wastewater Collection Sewer System Improvements (Boykin Road area) Augusta, GA BOND Date (Not earlier than Construction Contract Date): Amount $1,965,350.58 Modifications to this Bond: CONTRACT,OR ASr~RjN€IP AL C . ,v.' .:F;l~: ~... . .., . .:..:~~.F .,..,..... ompanY'$ "",~' ..__h__,_ _p "", ~ /'>~.... "..... -....A(. ......~ Mabus Brotners..,Constructlon' ~..~ ....F-~,-,,,. f "/ i,/ ~...~ ~ . g:: [ ':-'~~ ." ~.:< ~ "Slgnatu[e~ -: ....."0 /'. . - ::- Name a5~ii1~;~w.~~:v,:, - LS t3L/ /teE (Any addlt~.rW}i)~~~~.:.~~~~efar on page 2.) (FOR INFORMA'f.ION~ON~Y - Name, Address and . Telephone) AGENT""ciflrrrOKER: Palmer & Cay of Georgia, Inc P. O. Box 52427, Atlanta, GA 30355 (Corporate Seal) nc 1 The Contractor and the Surety, jointly and severally, bind themselves, . their heirs, executors, administrators, successors and assigns to the Owner for the perfonnance of the Construction Contract, which is incorporated herein bX reference. 2 If the Contractor perfonns the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: . 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Sure!}' agree, the Contractor shall be allowed a reasonable time to SURETY 5026 (6-92) S-18521GEEF2I98 Page 1 of 2 [XJ None o See Page 2 ,- SURETY .>:, r: - J -- ~. . Company: Travelers Casualty ~ , \(Corporate Seal), and Surety Company of America '_ . . '/ -./ Signature: j1/ A ~~. Name and Title: W. G. Van Buskirk, Attorney in Fact OWNER'S REPRESENT A TIVE (Architect, Engineer or other party): perform the Construction Contract,' but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and fonnallv terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the -tenns of the Construction Contract or to a contractor selected to perfonn the Construction Contract in accordance with the terms of the contract with the Own'er. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: p- ,~ . , 4.1 Arrange for the Contractor, with consent of the Owner, to perfonn and complete the Construction Contract; or 4.2 Undertake to perfonn and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for perfonnance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perfonn and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days aft.er receipt of an additional wrinen notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability,o in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After- the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibi lities of the Contractor for correction of defective work and completion. of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages. or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-perfonnance ~fthe Contractor. MODIFICA TIONS TO THIS BOND ARE AS FOLLOWS: 7 The Surety'shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set off on a~count of any such unrelated obli,gations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs executors administrators or successors, " 8 The Surety hereby, waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts purchase orders and other obligations. ' . ~ Any proceeding, leg~l o~ e9ui.tabl.e, under this Bond may be instituted In any court of competent JUrIsdictIOn In the location in which the IVork or part of the work is located and shall be instituted within two years after Contr.ac~or Default or within two years after the Contractor ceased working or .wlthIn two years after th<: Surety refuses or fails to perfonn its oblIgatIOns under thiS Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutOry or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory Or legal requirement deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. . 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the tenns of the Construction Contract. . 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other tenns thereof. (Space is provided below for additional signatlJres of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S.18521GEEF 2198 Page 2 of 2 (Corporate Seal) Signature: Name and Title: Address: ,:;; -" " AlA Document A312 Pay men t Bon d Bond llSBl03602320 Confonns with the American Institute of Architects, AlA Document A312. Any singular reference to 'Contractor. Surety, Owner or other party shall be c0nsidered plural where applicable. CONTRACTOR (Name and Address): Mabus Brothers Construction Co., Inc 920 Molly Pond Rd, Augusta, GA 30901 OWNER (Name and Address): City of Augusta 530 Greene St, Augusta, GA CONSTRUCTION CONTRACT Date: Amount: $1,965,350.58 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Description (Name and Location): Wastewater Collection Sewer System Improvements (Boykin Road area) Augusta, GA BOND Date( Not earlier than Construction Contract Date): Amount: $1,965,350.00 Modifications to this Bond: ". ,,- - -. ~'. I...." CONTRACTO~A~?R~.CrnAL ).~ ,;. ,...' .. ,.". .~ Company:/~":',. . "" .....);,,~ ,-I. .!,....... .- -"'f::,. -., ~.. ~ MabusB~:.o.t.bers, ~-o.n~tru . g ~;.~ '\~ -- '.; . ~ ~ ..::~:. ~.,"""", ;;:. . =~..... " t Slgnature:~_:.. ~ :,~ :,-.;..J __ Name anaJ1t@~.. k4~~~6:~L 13'1' j/(CE ~ r/JcN7 (Any additr0.!laJ:"si~atIJf.es\a~e'ar on page 2.) . .', . J . "'- .'\~ ,,'- (FOR fNFOR.MA.,r.lOhfGML y - Name, Address and Telephone) AGENT or BROKER: Palmer & Cay of Geo~gia, Inc P.O. Box 52427,Atlanta, GA 30355/ 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs. executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfonnance of the Construction Contract, which is incorporated herein by reference: 2 With respect to the Owner, this obligation shall be null and void if the Contractor: ' 2.1 Promptly makes payment. directly or' indirectly, for all sums due Claimants, and 2.2 Defends. indemnifies and holds hannless the Owner from claims, demands. liens or suits by any person or entity whose' claim, demand. lien or suit is for the payment for labor, materials or equipment furnished for use in [he performance of the Construction Contract, provided the Owner has' promptly notified the Contractor and the Surety (at the address described in P:lragraph i 2) of any claims. demands. liens or suits and tendered defense of such claims. demands. liens or suits to [he Contractor and the Surety, and provided there is no Owner Default. SURE/( 5026 (6.92) S.1853/GEEF 2/98 Page 1 of 2 f::"\ ;; ~~ _ ;.1=;1 ~ee Page 2 rr'o, oJ SURETY '"'....." -', CompanY:Travelers Casualty :; -:: -. (Corp;rate Seal)~ and Surety Company of America";.... . ' '..' Signalu" If/' ~ t/ Ch1-.d:!~~ Name and Title: W. G. Van Buskirk, Attorney in Fact OWNER'S REPRESENT A TIVE (Architect, Engineer or other party): [XJ None 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment. directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until:' -, 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner. stating that a claim is being made under this Bond and. with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct Contract with the Contractor: .1 Have furnished wrinen notice to [he Contractor and sent a copy, or notice thereof: to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantiai accuracv. the amount of the claim and the name of the parry to who~ the materials were furnished or supplied or for whom the labor was done or performed: and ? _:~ .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim wilJ be paid di~ectly 'or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being, made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sufficient compliance, 6 When the Claimant has satisfied' the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are' dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which MOOfFICA TIONS TO THIS BOND ARE AS FOLLOWS: the work or part of the work is 'located or after the expiration of one year from the date (I) on which the Ciaimant gave the notice required by Subparagraph 4. I or Clause 4,2.3, or (2) on which the last labor or service was .perfonned by anyone or the last materials or equipment were furnished by anyone under the Construction C:ontract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited bv law the minimum period of limitation available to sureties as a defense 'in th~ jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shalJ be mailed or delivered to the address shown on the signature page. Actual rec:eipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signatu're page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutor\' or legal requirement shall be deemed deleted herefrom and provisions confonning to such statutory or other legal requirement shall be deemed incorporated herein, The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall pennit a copy to be made. ' 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor'to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in tenns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for perfonnance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perfonn and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page,) CONTRACTOR AS PRINCIPAL SURET'{ Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-1853/GEEF 2198 Page 2 of 2 (Corporate Seal) Signature: Name and Title: Address: TRAVELERS CASUALTY AND SURET.Y.C.oMPANY OF AMERICA . TRAVELERS CASUALTY'ANn:SuRETY COMPANY FAR.MINGTOKCAStJALTY'COMPANY " - . Hartford;?,Cutlnt:cticut Q6183=9062, TRAVELERS CASUALTY .@W .SURET.:Y~COMPANY OF ILLINOIS NaperYtU-;, minoi~60563-8458 : ~.~:_ 0~ ~ POWER OF ATTORNEY AND CERTIFtCATE OF;AUTHORiTY OF ATTORNEY(S)-IN-FACT . \;~/.----.._~..~ '~ ~-,' KNOW ALL PERSONS BY THESE PRESENTS, THAT~TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and. do by these presents make, constitute and appoint: W. Pat Hopkins, Jr., W. G. Van Buskirk, James R. Williams, Cynthia M. Ward or Renee A. Lauth * * ~. ~ ;;. ~ of Atlanta, GA, their true and lawful Artomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s):' . by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto ' and to bind the. Companies, thereby as fully' and to the same extent as. if the same were signed by the duly authorized officers of the Companies; and all the acts of said Attorney(s)-in-Fact, pursuant to the. authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED:, That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give Such appolltee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory. in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, VOTED:, That ,the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority'to one or more officers or employees of this Compan'y, provided thafeach such delegation,is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any .bond, recognizance, contract of indemnity, or writing obligatory in 'the' nature of a bond, recognizance, or 'conditional nndertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any .Assistant Secretary and duly attested and sealed. with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (lll1der seal, if required) by one or more Attorneys-in-Fact and Agents pUrsuant to the power prescribed in his or her certificate or their certi1icates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by_ authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASl!ALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED:' That the si~ature of each of the following officers: President, any Executive Vice Pr~sident, ~y Senior Vlce President,' any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings arid other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future \vith respect to any bond or undertaking to which it is attached. 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(NH .m A.lNflO;) PlOWUH'SS{ li1JIl::>3NNO;) dO n\flS '6661 'l~qlU~O~aJO ,{t?p lflL s~ PdXYJl? Oldl~q ~q Ol srt?~s ~lBIOdIoOll~lfl pUB 'luap!Sa.1d. aJ!A .1o!uas ll~lfl ,{q pd~rs :;>q OllUdlUI1llSUl s11ll P:;>STIB::l dABq SIONITII !Io' ANVdWOJ A~:nIflS aNY ArrvflSYJ S'd:1l'1:11AVHJ. put: Al\.TVcIWOJ ArIVflSV.) NOJ.t>N1WHV!I 'ANVdWO.) A~IDIflS aNY AJ.'1VilSY:J S1I3'1UV~U 'V.)nI:1IWV !IO ANYdWOJ AJ.:nIflS aNV AJ.'lVflSYJ S'H:3'1':iIAWJ. 'JlOIDI:1lHM. SS3:NUM. NI ~,~,o~l3~...,:.;,=mE~,~:~.~,I,e~iliI!,_:..::!.m.;'..=~,I.~~:~:1!111f~'::.:.~,~'I'm'B~,~'~.~,' ..:.:.,.,?,'::':':.,':.::.:::,:::::.::.::::::.::.:::.::':::::,:::::,~:,::,::::'" 'DATE'~~~~~gtty)' '. PRODUCER 404-231-9595 Palmer & Cay of Georgia, Inc. 3348 Peachtree Road, N.E. Suite 1400 Atlanta, GA 30326 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Transportation Insurance Co INSURED Mabus Brothers Construction Co 920-8 Molly Pond Road Augusta GA 30901 COMPANY B Valley Forge Insurance Co COMPANY C Transcontinental Insurance Co THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDIYYI DATE (MMIDD/YY1 LIMITS A GENERAL LIABILITY 30240706-01 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [8] OCCUR , OWNER'S & CONTRACTOR'S PROT X XCU INCL' X AG PER PRJ B AUTOMOBILE LIABILITY 1071809821GA X ANY AUTO 1030240723SC ALL OWNED AUTOS SCHEOULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS 6/30/01 6/30/02 GENERAL AGGREGATE PROOUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE 2000000 2000000 1000000 1000000 50000 5000 FIRE DAMAGE (Anyone fire) MED EXP (Anyone person) 6/30/01 6/30/02 COMBINED SINGLE LIMIT 1000000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO 30240740-01 6/30/01 6/30/02 EACH OCCURRENCE AUTO ONLY. EA ACCIDENT OTHER THAN AUTO ONLY: EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AGGREGATE THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: A OTHER $150,000 $100,000 $250.00 INCL EXCL EL DISEASE - POLICY LIMIT EL.DISEASE - EA EMPLOYEE 100000 500000 100000 30240706-01 6/30/01 6/30/02 Leased or Rented Equipment Maximum Per Item Deductible DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: BOYKIN ROAD SEWER :P.~TIfI9#.]~::t@l;ipgf{}:::lm::f:::\:l::t:}f}::::\l:}}m .. ::::::::=:=:::::i::;:::::::=i:m:::::i:::::i:9.\Milg:@~!:lgN??if:==::i:::\:::il::l{:\:f::::::::::\::::::::=\=::::::::::::::i:::::(=i:::::imm::\{=}::::f::::::::f:\:::::?:::\:f::f::ff\f::\:::::? :::::t::::::: CITY OF AUGUSTA 530 GREENE STREET AUGUSTA, GA 30901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ..-l.Q. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ::::t4i:\Hi :im.:iRq::~$.1;$:@ii~!U{}: ,,',' :.;.:.;.-.;.;.:.;.... :}:i#::AP&ijp::e.&ij~&MtiQN:a~ij;ij/