The URL can be used to link to this page

Home My WebLink AboutWater System Improvements Augusta Richmond GA DOCUMENT NAME: \Notfr S8S-krYl rmpVOV-eYYerl\ S DOCUMENT TYPE: Co n+V-aG t- YEAR: lOJQq BOX NUMBER: C1 FILE NUMBER: 'i 4- LogO, NUMBER OF PAGES: II() I' I I I I I I I "-I I I I I I I I I I ,.1 ,;I~lIltJ~~f .. AUGUSTA UTILITIES DEPARTlVIENT 1999 WATER. SYSTEM IMPROVE-MENTS , WRlGHTSBORO 'RO-<W BOOSTER PUMP Sl'ATION,RENO,VATIONS " " r.: . :I o .L . ' CON'TRA:CTDOCUlVIENTS /~GUST~ , /~r /b' . 0, ,~ '~, '.. ;z..'.,'.' ""'~'\ I ' "" ..."" ;!i". ", !! I ", -'~, ' I( ==', ' /, i ~: n, \ ~ 11 ' - , I \' \ ' \{~~. <~ --~) ), ,~ . -'\~~::., -" ~ _ (-r::- ~~ -~~//, /'. .. "', O,LDGOVEDl.M.Ilm'lIOUSl!7Co. 1100' /.". ,.,... '-- ", ., "~~,'/" , GEORGIA ~~/', ' . ~ --_...~ December X999.; ,- , Project 9909~Q2. .,. J....... " PREP:\RED BY 2EL '-+35 TELFAIR::>1'. AUGUSTA. CiEORGIA E' N GIN E E R 5 PHONE (706i?'l4-5627 Z [M MER MAN, E V A N SAN D LEO PO, L 0, IN C . .AA-/'-/- it: _~ .=:-<'" ~~, _~ .~ ,.,~ .;"0- 'PROOUCEif""(423)69i:4847 FAX (423)694-4847 DATE (MMIDDNY) 03/10/2000 .' A CORD';/;':cllmllml\:~mll.;:;:I1E:::II.BlllmM:III',,:, TM ;:;:;:;:;::::::,:,i" ,," ,','",,',,',... , ,',',',', ,',',,' """"""""';,;':;':;; ' ':':"".., , ;:"":::",',',', '" :",;..,::::::;",;:'",;,:-;'" ,'"",.., "','",',',','",',',',','"..,,',',,,,' 1900 Winston Road. Suite P.O, Box 10328 Knoxville, TN 37939-0328 Attn: Me 1 i s s a St i 1 e s 100 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 IS Insurance Services. Inc. Ext: COMPANY A Travelers J S Haren Company P.O, Box 450 Athens. TN 37371-0450 COMPANY B COMPANY C COMPANY D ", ,VERA E '.. ,,','," ",,::::::::::::""""::::::::::::':':':':',.:':',.:':,,. ,::;;:;:::;:;,:,:,,:,.::::::::::::::;::::::::::: " :::::::::::::::::::::::;:;:::::;:::;':::;:::::;:, :::::::::::::::::::::::::::: ':':';,;':':':':':':':':':':.;':':.;.;, ':::::::::::::;;::;:;;:;;;;:;::;;:;;::;:;:::;:;::::::::::::::;:;::::::;';':"""" ,""+~iil~+6\::ERfIF~+~j;}f~g~:6U2i~:~rgfiNsGRANCittlsfE6BELoWHAVEBEEN'iSSUEbf6fA€;~€G~:~b'N~ME6AB6vfFoff'fHEP6CiCY'PERi6D" 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 POl:ICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE : $ ......,?~99q!o.O,q.. " ",?,~,9,qq,!,o,q,q, ...."..}.',qO'9,!..qo 0 ..~...,()OO.....OOO 100.000 5,000 A PRODUCTS - COMP/OP AGG : $ CLAIMS MADE X OCCUR OWNER'S & CONTRACTOR'S PROT -CO-399N1671-99 11/15/1999 11/15/2000 PERSONAL & ADV INJURY : $ . ............... EACH OCCURRENCE : $ . ..... ........................ ........... FIRE DAMAGE (Anyone fire) ; $ MEDEXP(A~;~~e person) ..{$......'..'..' AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS A -810-399N1671-TIL-99 X HIRED AUTOS X NON-OWNED AUTOS COMBINED SINGLE LIMIT $ 1 BODILY INJURY (Per person) $ 11/15/1999 11/15/2000 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT : $ OTHER THAN AUTO ONLY: ....'.....'.......................................................... .................................................................... ......................................................... ...........,............ ..................... ................... EACH ACCIDENT: $ .................... .................................... AGGREGATE: $ EXCESS LIABILITY A X UMBRELLA FORM OTHER THAN UMBRELLA FORM k:UP399N1671-99 EACH OCCURRENCE : $ ..,..:L,O,.'..O'O'9.....QQo. 11/15/1999 11/15/2000 AGGREGATE...........,$. ..,lO...OOO.....q()() ,$ A DTUB337K3034-99 INCL : EXCL; 11/15/1999 11/15/2000 EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: i OTHER BLANKET BUILDERS A RISK/INSTALLATION FLOATER QT660337K2639-99 : \ 11/15/1999 11/15/2000 500.000 $4,000.000 OFF PREMISES STORAGE: $100.000 TRANSIT: $100,000 PER JOB SITE: DESCRIPTION OF OPERATIONSILOCATlONSNEHICLESISPECIAL ITEMS ROEJCT: WRIGHTSBORO ROAD BOOSTER PUMP STATIONi AUGUSTA. GA AUGUSTA-RICHMOND COUNTY GREENE STREET ROOM 605 MUNICIPAL BUILDING AUGUSTA. GA 30911 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE . ....bi ~' ,rr.@~rn~lJj\,~~'~ ~~~i ~~ \~~;; U\ \Ji (!!.- ' ~U,;,? --0 t~I' MAR 1 3 2000 I I I I I I I I I I I, I I 1 I I I I I , , , ' ' AUGUSTA UTILITI~S DEPARTMENT 1999 WATER SYSTEM IMPROVEMENTS 'WRIGHTSBQRORQAD BOOSTER PUMP , STATION. RENO V ATIONS , ' , CONTRACT DOCUMENTS December 1999 ' Project 9909-02 PREPARED BY 'EEl. ' PHONE (706)724-5627 ZIMMERMAN, EVANS AND LEOPOLD, INC. , 435 TELFAIR ST. , AUGUSTA, GEORGIA , E N GIN E E R S" I I 1 1 I, I I I 1 I 1 I ,I I I I I' I 1 INVITATION TO BID INSTRUCTION FOR BIDDERS BID BID BOND NOTICE OF AWARD AGREEMENT PAYMENT BOND- PERFORMANCE BOND NOTICE TO PROCEED CONTRACT CHANGE ORDER GENERAL C9NDITIONS SUPPLEMENTAL'CONDITIONS TECHNICAL SPECIFICATIONS, SECTION TITLE PAGE NUMBER SECTION IND INDEX T-l T-2 T-3 T-4 T-5 T-6 T:"'7 Site Work Concrete Valves Plant Piping Pumping Equ~pment , Electrical Painting and Fin~shing Tl-l T2-l '. T3-l T4-l T5-l T6-l T7-l LIST OF DRAWINGS COVER LOCATION MAP AND DRAWING LIST 1. ,2. PIPING AND GENERAL ARRANGEMENT ELECTRICAL PLAN AND DErAILS thru thru thru thru , thru thru thru Tl-5 T2-2 T3-3 T4-6 T5:-3 T6-5 T7-3 .990~-02 rNO.doc IND,-l 'ZELI ENGINEERS' I I SECTION ITB INVITATION TO BID I SEALED BIDS for the improvements to the Wrightsboro Road Booster Station. Bid Item: 00-007 I 1999 WATER SYSTEM IMPROVEMENTS WRIGHTSBORO ROAD BOOSTER PUMP STATION RENOVATIONS AUGUSTA-RICHMOND COUNTY I hereinafter referred to as the OWNER at the offices of: I Ms. Geri A. Sams Purchasing Department Room 605 Municipal Building Greene Street Augusta, Georgia 30911 I I until 3: 00 PM the 29 day of February, 2000 at which time all bids will be publicly opened and read in the presence of those interested. I The CONTRACT DOCUMENTS may be examined during regular business hours at the office of Zinnerman, Evans and Leopold, Inc., Consulting Engineers; Augusta- Richmond Purchasing Department, Augusta Builders Exchange, F. W. Dodge Plan Rooms, Augusta and Atlanta, or at Construction Market Data, Atlanta. I . Copies of the CONTRACT DOCUMENTS may be obtained at the Evans and Leopold, Inc., 435 Telfair Street, Augusta, payment of $ 75.00 for each set non-refundable. office of Zinnerman, Georgia 30901, upon I A 10% bid bond is required; a 100% performance bond and 100% payment bond will be required. I The OWNER reserves the right to waive any informalities and to rej ect any or all bids. I Date Ms. Geri A. Sams Purchasing Director I Augusta Chronicle - Jan 3L. Feb S, 16, 21 2000 Augusta Focus - Feb. 3, 2000 I I I I 'ZEL, ENGINEERS 9909-02 ITB, doc ITB I I I I I I I I I I I I I I I I, I I I I SECTION ITB INVITATION TO BID SEALED BIDS for the improvements to the Wrightsboro Road Booster Station. Bid Item: 1999 WATER SYSTEM IMPROVEMENTS WRIGHTSBORO ROAD BOOSTER PUMP STATIpNRE~qVATIONS AUGUSTA-RICHMOND COUNTY h,ereinaft~r, referred to as the OWNER at' the' offices of: Ms. Geri A. Sams Purchasing Department , Room 605 Municip~l Building' Greene 'Street, Augusta, Georgia'30911 until the ____day of' 2000 at which time all'bids will be publicly opened and read in the presence of those interested. ' The CONTRACT, DOCUMENTS may be examined during regular business hours ,at' the "office of Zimmerman; Evans ,and, Leopold, Inc., Consulting, Engineers;' Augusta- Richmond ~urchasing Department, Augusta Builders Exchange" f." W, Dodge Plan, Rooms, Augusta" and Atlatita, OF at Con~truction Market Data, Atlant~. Copies oLtheCONTRACT DOCUMENTS may b~ obtained at the Evans and LeQPold, Inc., 435 Telfair Street, Augusta, payroent, of ,$ 75.00 for each set non-refundable. office of Zimmerman, Georgia 30901, upon " A 10,% bid bond is 'required; a 100% 'performance bond and 100% payment bono will be required. , The,OWNER reserves therigh( to' waive any informalities and to reject any or all bids. Date' Ms. GeriA. Sams Purchasing Director Augusta Chronicle - '"Augusta Focus ~ 'ZEL, ENG,INEERS 9909-02 ITB. doc ITB I I I I I I I I I I I I I I I I ,I I I ,SECTION IE INSTRUCTION FOR 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 i~ the in~itation ,for bids,. Mailed proposals will be treated in every respect as though filed i~, 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 , dis6retion of the bidder, b~tno proposal may be withdra~n for a p~r~od of sixty (60) days after bids have been opened, pending the execution of contract ~ith the successful bidder. IB~02 EXAMINATION OF 'WORK Each bidd~r~hall, by careful examination, satisfy hi~self as to ~the nature ahd locat~on'of th~ ~qrk, the conformation of the ground, the 'charact~r; quality and quantity 'of the, facilities needed preliminary to and during the prosecution of the work, the general ahd local conditions, 'and all 'other 'matters which can in any way affect the work or the'costthereof under the contiact. ,Naoral agreement ,or conversation with anyoffic~r, agent, or employee of the ,Owner; either before or after the executiqn, of, the contract, shall affect or modify any of the terms or obligations 'therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to ~ny bidder orally. Every reqtiestfor', such interpretation should be in writing "addressed ,to the, Director of 'project PROFESSIONAL, and to be given ,'consideration must be received at least five days prior to the date fixed for 'the'opening Of bids. : Any and all, such interpretations and any supplemental instructions will be ,in, the 'form of WI-i tten 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 tq the date fixed for the opening of bids. ,Failure of any bidder to receive any such addendum or interpretation 'shall not relieve such bidderfrom'any obligation, under his' bid as submitted. All addenda so issued shall b~come part of the Contract Dcicument~. , IB-04 PREPARATION OF BIDS Bids shall ,be submitted on the forms p:t;'ov,ided ahd must be signed by the bidder'or his authorized representa,tive. 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. 9909-.02 IB.doc 1B-1 I I Telegraphic bidi willnat be cansidered. Modificatians to. bids already submitted will, be allawed if submitted by telegraph priar to. the time fixed i~ the Invitatian far Bids. Madificatians shall be submitted as such, and shall nat reveal the tatalamaunt af either the ariginal ar revised bids. I I Bids by whally awned praprietarships ar partnerships will be sign~d by all awners. Bids afcarparatians will be signed by an afficer af the firrrt and his signature attested by the secretary thereaf who. will affix thecarporate seal to. the pr.opasal. A Bid Band af 10% ,payable to. the awner is required in,al1,tases and shall accampany the Bid. 'A certified check may be used in lieu,of'fa,id Bond, The Bid Band af the, successful Bidder will be, retained"ub't:~, he Perfarmance and Payment Band have been executed andappraved, after whic ll'it will b~ returned. I I IB-05 BASIS OF'AWARD I , The bids will be campared an" the basis af Bid prices, 'which will include: and caver the furnishing af,all material and the.perfarmance af all :labar requisite af praper, 'and campleting af all the' warkcalledfar under the ,accampanyirigcantract, and in, the manner set farth and described in the speclficatians.' The praj ect will be awarded to.' the law, respansi ve and respansible bidder. I I 'IB'-06 BIDDER'S QUALIFICATIONS I I, N6prapasal will be receivedfram any bidder unless he'can present satisfactary evidence that.he.is skilled in wark af a similar nature to. that ,c<?vered by ,the caI1tract,and has ~;;ufficient assets to. meet all abligatians to. ,be 'incurred in carrying aut the wark. He', shall submit with ,his prapasal, ,seal'ed in a, separate, envelape, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving,reliable infarmatian as to. warking capital available, plant e~ipment, 'an<:i his experience and general. qualificatians. The Owner, may' make such investigations as are deemed necessary to. determine the ability afthe bidder to. perfarmthe wark and the bidder.shall furnish to. him all such additianal Lnfarmation and data: far this purpase as may be requested. The Owner reserves the right to. reject any bid if the evidence submitted by, the bidder ar investigatian af him fails to. satisfy the Owner that such bidder is praperly qualified to. carry auttheabligatians af the cantract and to. camplete the warkcontemplated therein. 'Part af the evidence required abeve shall cansist a'f, a, list af the names and addresses af net les's than five (5) firms or carparatians far whi~h the bidder has dene similar we~k. I I IB-07 PERFORMANCE BOND I I . At the time af entering into. the cantract, the Cantractar shall give bend to. the Ow~er far .the tiseaf the Owner and all persans daing wark ar furnishing,skill, taals, machinery ar materials under ar far the,purpese af such 'contract, canditianal- far the payment' as: the'y became due, af all just claims far such wark, taals" machinery, skill and terms, ,far saving the Owner harm~ess,fram all cost and charges that may ,accrue an accaunt.af the daing af the wa~kspecified, and far campliance with the laws pertaining thereto.. Said band shall be far the amount af the can tract satisfactaryta the Owner and autharized by law to. do. busi~essin the State af Geargia. I, I Attarneys~in-fact who. sign 'bands must file with each capy thereaf a certified and effectively dated capy af the pawer af attarney. I 9909-02 IB,doc IB-2 I I I IB-08 REJECTION OF BIDS I 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. I 18-09 MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT I I It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Governrnent. ' I 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. I ,The bidders _shall inciude with their bid a statement of qualification for themselves'and/or any qualified subcontractors explaining why they should be considered a miriority or economically disadvantaged firm. If the fi'rm does not fall-into this category, no information is necessary. I , IB-IOENGINEER I The Engineer for the', Proj ect is Zinnerman, Evans-and' -I:.eopold, 'Inc';' (ZEL Engineers)" 435 Telfair Street, Augusta, GA 30901. _ I I I I I I I I 9909-02 IB.doc IB-3 I - ~ """,,- ...... -- . SECTION SID ... :;;;;;;;;;;;; - -- eRoeOSAL Of J, 3 1-JAJl.eJt &~ called "BIDDER", organized and existing under ehe laws of the (hereinafter) state of . J" --r.ennes~Q.u- , doing business as 0- CD, p6 ro)ft \h * *Insert "a corporation", "a par~nership", or "an individual", as applicable. . - .. TO: Ci,ty of Augusta Purchasing Department 605 Municipal Suilding Augusta, Georgia 30911 (hereinafter called "OWNER") . --- &iiiiii -- ~ SUBJECT: 1999 WATER SYSTEM IMPROVC::1DITS WRIGHTSaORO ROAD BOOSTER PUMP STATION RE~IOVATIONS -- p Gentlemen: . The BIDDER, in compliance wic~ your Invitation for aids for the construc~ion of the subject project, having examined the plans and speci=icacions with related documents and the site of the proposed work, and being familiar wich all of the conditions surrounding the constr~ction of the ~rc~osed project including the a'lailability or materials' an:: lacer, he=eby ;:ir,oposes to fU=:'lish all :..ai:::or, materials, and supplies, and to const=~ct the project in accordance wi~h the Contract Documents, wicl1in the time set fort~ therein, and actne prices staced below. -- . III . .. ~ These prices are to cover all ex~enses incurrec J.n pe=:orming che 'r/ork required under the Contrac~ Doc~~ents, of which this pr=pesal is a par~, . BIDDER hereby agrees to commence work under this Centract on or beiore a date to be specified in 'r/ritten NOTrC:: TO PROCEED of the ONNER and to fully complete the PROJECT within 120 consec~tive calendar days t~ereafter as stipulated in the specifications. BIDDER further agrees to pay as liquidated damages, t~e sum of 5300 for each consec~ti '!e caler:.dar:!ay thereaf,:e:: as here~naft:r pro~i~ed in ~=~icle II cr t~e A~=eeffien~. - - ~IECt~~~e~e~, j?~C of the following ADDENDUM(A) : - 1_ BIDDER agrees to perform all t~e work described in the Base Bid of the CONTRACT DOCUMENTS for the- tetal sum of: -- (.,~.:< Iun1j~~,/ i;;~ i::,rA.~I"~ l ~/ Dollars {$ J ZZ., CC(,i -- ... Subject to reduc~ions or addit~cns resulting from omission or addition of the unit priced item. . . )':1("'1..... "l.- ~ - # '.. -... ~-' . !- 21 ( ~I SECTION BID il The BIDDER agrees that this Bid shall be good and may not be withdrawn for a period of 60 calendar days aft<=r the scheduled closing time for receiving Bids. .1 Upon receipt of written Notice of Acceptance of this Sid, BIDDER will execute the formal Contract attached 'nithin 10 days and deliver a Surety Bond or Bonds as required by Article 5 of the General Conditions. The bid security attached in ;1 the sum oide n p. r-epn-!: ~J::.'d Dollars 1$ Jcfl10 ~ /" J ) is to become the property of th OWNER in the event the Contract and Bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the OWNER caused thereby. .' I Respectfully submitted: By A~ I Signature :'it:le --:Pr~,d.i fL r E'i=:n Name .S. Co lj Address: .r:::s IN~~'-r,~~ N~. ~11S --rN 873eJ3 , ) ,I I --- (SEAL - I~ aid is by a Corporation) - . = --- ~ :~ I -- II -- -- - --..-- "'" . 9909-'12 3I C 3-2 ~ I I I I I I I I I I I I I I I I I I I RELIANCE INSURANCE CO~l?ANY HOME OFFICE, PHILADELPHIA, PENNSYLVANIA BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A, DOCUMENT NO. A.310(FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, THAT WE J.S. HAREN COMPANY as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia. Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety. hereinaf. tercalled the Surety, are held and firmly bound unlo CITY OF AUGUSTA as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT (10%) OF THE AMOUNT BID----- Dollars ($ l, for the payment of which sum well and truly 10 be made, the said Principal and the said Surety. bind our. selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. , WHEREAS, the Principal has submitted a bid for 1990 WATER SYSTEM IMPROVEMENTS WRIGHTSBORO ROAD BOOSTER'PUMP STATION RENOVATIONS - AUGUSTA-RICHMOND COUNTY 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 terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety forthe faithful performance' of such Contract and forthe prompt payment of labor and material fumished 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 w!th a~other party to perform the Work covered by said bid, then this obligation shall be null and void, othef'.Yise to remain in full force and effect. ' ' Signed and sealed this 29TH FEBRUARY A.D.~ ~OOO day of J.S. HAREN COMPANY (Principal) ~~ (litle) we~,~ Il..+- (Seal) COUNTERSIGNE~~~~'~L- BOR.230 UD GAY RA '.. . ::l DlOMWttt:TEFAPERl'." :', -.;,.." ....., ":'t't: , . . .. "'01 Q" :" :'. .... e1- ;;:.::~,;t;:\:RELIANCE' SURETY COMPANY , ,::: .:,UNITEDPACIFIC INSURANCE COMPANY ~~~~~~I~ ........ AOM1N1STRAT1~=.~;I~;;~~;NNSVLVAN" , KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a cOfl)oration duly organized under the laws of the Stste of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are cOfl)orations duly organized under the laws .~: of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a cOfl)oration duly organized under tha lawI of . ,'.".; the, Stata of Wisconsin (herein collectively called "the Companie.") snd that the Companies by virtue of signature. and seal.' do hereby make, , - constitute snd appoint E. J. Penni.l. Jr.. John C. Mlddl.ton. Donald E. Willla",.. H. RU.y Holliday. H. A. WriQht. Jr.. Nancy Lock.. Mlcha.1 D. " ':_ c. R.gan. Tr.cy Tuck.... Lynda Y. King.l.y.. of NlI8hviU., T.nn..... thsir true and lawful Attorney(sHn-Fect. to make', execute, seat and,deliver for ",'''i'' and on their behalf, and as their ect and deed any and all bond. and undertaklnQ. of aur.ry.hip and to bind the Companies, thereby as fully and to ~ '."~:' the same' extent a. if such bonds and undertakings and other writing. obligatory in the neture thereof were signed by en' Executive ,Officer of the . Companies and sealed and atte.ted by one other of such officers, and hereby ratifies and confirm. all that their said Attorney(s!-in-FlICt mey do in ;;"::..' , , pursu.anc~ hereof. ~~. ........ ,~- ~ -". . :': -;..~:.,,: ~ ~:.. "This' Power of Attorney is grented under and by the authority of Article VII at- the By-Laws of RELIANCE SURETY COMPANY, 1,:- .:," REUANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY whicn ..~:;~ :~-:'~ ,pro;~s~_on~ 81. now in full force and effect, reeding as follows: . ARTICLE VII . EXECUTION OP BONOS AND UNOERTAIUNOS ~ i I RELIANCE- INSURANCE COMPANY ...... - RELIANCE NATIONAL INDEMNITY COMPANY ,. The B_ 01 O....._.me Pr_. lI>e CI*nn.. 01 me Bon, ."y Srior VI.. Pr--. ".,., VI.. p,-. or _... VI.. Pr_ or _ offi.., ~...._ by me 80.d of 01.-..,_ -IIOW- -..-cy to lal--.a An_IaHn-F_ _,to..-.a. - to -_ on _ oI_c-. _ _ _.-..-. ,ecoanz__. conu_ oI,i-...v _'_ writinge oIIIio....., in lI>e nMIIO -.of. _ lbl to ,om........, _ An_I.~F_ . ".,., time _ ,.......lI>e__ _ ..-cy;w- to _. 2. An_IaHftoF_ _ ...... __ _ _tY. ~ to lI>et...... _Iimitai_ of lI>e p_ of An_ _ to II,.... to __ ~v_ on _t of "'" Como".,." _ - -.... '..,..u_ -- of i-.wr, _ oU- writinva oIIIlQ....., in lI>e ".... -..". The 001'0"_ _ it not "......" lor lI>e voliditY of ".,.,' b_ _ ......Min;.. rocooniz_ comr_ 01 i-..my _ _ writi,.. ollIio......, in me _... _oof. ' 3. AnamoylaHn-F_ _ ~.... __ _ IUtIloritY to OXOcut8 offidooritll 'eqUr_ to be on_ to ""'- recoanz_ comr_ of i_tY or _ Oondition.. or obIi;atory -1I&inoo - thty ..... -...... _- - a4Ilority to ceftity me -.. at"- 0' me Com...., _ to oocMo oIlI>e S.,.uw. oIlI>e ComOMY or ".,., ortic:le or Netion ,_eot. i I I ~ I, ~,-, ,~, .'~ 0.., ' .. " TNlo "- 01 An_ it oi;ned _ _ by I_iIo..- _ by -ity of me 'oil_me ,ooolution -0IIt_ by lI>e ExocutiYe _ ""- C....",in_ 0' me 80.d8 of Oitect.... of FIeli..... 1___ Com_. United PICitlo 1___ Com_ _ R.Ii.... Na1ionoIlndomnity Com...., by U.......... C........ dot_ . of FeONay 2S. IBM _ by me Executive _ Anonc;. COlNftin. 01 _ B_ of Directoni 01 Roli.... s...." Com_ by U......... C........ dat_ . 0' M.c:II 31. 18M. ~ tNr lI>e ........ 01 """" _.. _ offl... _ lI>e _ oIlI>e ComOMY m.., be offIx_ to ".,., _ Power 01 An_ .. ".,., cortiflcat. r"aat.Q ttwatO by 1-.._ ..., _ Power 01 An_ 01 ..,;tI.- IlMrino _ IICOimiIo ........ or locoimilo _ _ be volid _ -.. ...... lI>e ComOMY _ ".,., __ p__ to --- - - by 1- ~ _ 1_ _ _ be volid _ -.. _lI>e Com....,. iftll>e tua.. wittl r_ to".,., bond 01"_...."'1 towllic:ll it it _.. IN WITNESS WHEREOF, the Companiee have caused these prelents to be signed and their COfl)orate seal a to be nereto affixed. thi.' July 1~ 1999. i'. -, I' ~ I . STATE OF Pennsylvania COUNTY OF Philadelphia RELIANCE SUREI'Y COMPANY RELIANCE INSURANCE COMPANY UNrrED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNrTY COMPANY [)~ ?~ On this, July 1, 1999, before me, Valencia 'Wortham; personally eppeared Devid T. Ake,., who acknowledged ,himself to be the Senior Vice President of the Reliance Surety Company. and the Vice President of Reliance Insurance Company, United Pacific Insurance Company. and Reliance National Indemnity Company and that B8 such, being authoriud to do so, executed the foregoing instrument for tne purpose therein contained by signing tne name of tne cOfl)oretion by himself ae its duly ,authorized officer. .'In witnes8 whereof, I hereunto set my hand and official seal., .....~~ . f~~~~a,,~ No~arial Seal , Vale'lC;IJ ",V:mham. NOI~r( Public Philadelo;,ia. Philaoelphla County My CommiSSion Expires Nav, 18, 2000 Notary Public in and for the State of Pennsylvania Residing at Pniledefphia I, Anita lippert, Secretary of REUANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY; and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attornev executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I nave nereunto set my nand and affixed the saals of said Companies this29TKiay of FEBRUARY 2000. S""~~~ ~ ~ I ._. ::=1: ,. ~e.t~ tet ~ A: I ~-I'(I["II\I.I:::::( ~1".1 ~ l'~ ~ I ~ t-.-r. ~~ "'1: 111::1i [1i4 "l..'1'/'~. :::11','-1:1 ~a:~'J ... "".'1~ .'l ~ [c1.=II11 .'..1 ~r.l." ,/ / -'" I t-- I ~ f~1:~'/ ~~.~"~\ ,,~; ,~~ .-- 1 ~ - <~en .... 'JJ 0:: 0:: ~ I;::: 00 ~ - 1-1- ~ ,-,,-, o ~ <:<: f'/') r_' < 0:: 0:: I"'l >- ~ ;... 1-1- OZ UJ ~ :;.; ZZ 0<: :> ~ 00 0eL. <:.- ~ ~ '-' '-' I"'l :E: I"- o v: uO Zl"'l .>->- ;:JU 01"- ~ X 1-1- 1-1"') ~ ~........ .ZOc..!' ~ ....; -l-l OUJI.f"IZ "'"""-4 >-........ Zo::...:r....Z ~ _ 1-1- <::t:1- 00 = ;:J;:J UJ :t: X en <:: en 0 <: en "'" Z .CD~Z UJen UJ U Ol"'):t: ....-4 . Nt- -l""?eL.'-<: >- c:: I- en ;:J o Z ....0 c:: Z<: 00 ....CD I- U~ ;:JZ 0::.... I- en ' enZ :ZUJ OU U.... ..J <: .... c..!' 0:: o UJ c..!' .- o o N -. o I"') ...... ~ o I UJ I- <: o eL. X UJ 1 \ I . -':.\ '!o':: , I I I SECTION NOA NOTICE OF AWARD TO: J.S. HAREN COMPANY P.O. BOX 450 123 WASHINGTON AVE. ATHENS, TN 37371-0450 I I PROJECT: 1999 WATER SYSTEM IMPROVEMENTS WRIGHTSBORO ROAD BOOSTER PUMP STATION RENOVATIONS I The OWNER has considered the BID submitted on February 29, 2000 by you for the above described WORK in response to its Advertisement for Bids dated January 3, 2000, and Information for Bidders. I You are hereby notified that your BID has been accepted in the amount of: One Hundred Twenty-Two Thousand 00/100 Dollars ($ 122,000.00). I You are required by the Information, for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within ten calendar days from the date of this Notice to you. You are also required to show proof of insurance coverage as required by the General Conditions. Six sets are enclosed for execution. I I If you fail to execute said Agreement and to furnish said Bonds within ten days from the date of the Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. I In the Agreement and Bonds, please note that the date of agreement is to remain blank on line 1 of the Agreement, in the second paragraph and last line of both bonds and in the last line of the Power of Attorney. After execution of all copies, please return all copies to this office for coordinating the execution by the Owner. Executed copies will then be returned for you and your Surety along with,the Notice to Proceed. Submittal of your Insurance Certificate at an early, date will, permi t work on the proj ect to begin when the Notice to Proceed is issued. A Preconstruct ion Conference will be scheduled after contracts are executed. I I I Please return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 7 day of March , 2000. , ~ AUGUSTA-~HM D OUNTY COMMISSION ~ AUGUSTA, GE n/fJ By M^ k [" Title """ I ACCEPTANCE: I I Receipt of the above NOTICE OF AWARJD is hrf~by ackAowledged by _ s- ~ren (;Cmp~ This the '3 day of MA~t+, Zooo By ~~ Title -P(Q0~d1.vr-- I I ZELt. ENGINEERS J I 9909-02 NOA, doc NOA I I SECTION AGR AGREEMENT I THIS AGREEMENT, made on the 7th day of March 2000 , by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY C~SSION, party of the first part, hereinafter called the OWNER, and J.S. HAREN COMPANY, party of the second part, hereinafter called the CONTRACTOR. I WITNESSETH, that the Contractor and the Owner, considerations hereinafter named, agree as follows: for the I ARTICLE I - SCOPE OF THE WORK I 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: I 1999 WATER SYSTEM IMPROVEMENTS WRIGHTSBORO ROAD BOOSTER PUMP STATION RENOVATIONS I for the Base Bid 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. I THE CONTRACTOR has given the ENGINEER written notice of all conflicts, errors of discrepancies that he has discovered in the CONTRACT DOCUMENTS and the written resolution thereof by the ENGINEER is acceptable to the CONTRACTOR. I ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES I The work to be performed under this Contract shall be commenced within lQ calendar days after the date of written notice by the Owner to the Contractor to proceed~ All work shall be completed within 120 calendar days with all such extensions of time as are provided for in the General Conditions. I 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 climati~ range and ~onstruction 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 Three Hundred Dollars ($ 300.00), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day tha~ the Contractor shall be in default after the time stipulated in theContrac,t for completing the work. I I I I I I 'ZELr ENGINEERS, 9909-02 AGR, doc AGR-1 I I I SECTION AGR AGREEMENT I The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. I I It is further agreed that time is of' the essence of each and every portion of this Contract and the specifications wherein a' definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. I ARTICLE III - PAYMENT I (A) The Contract Sum I The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the Base Bid: One Hundred Twenty-Two Thousand' 00/100 Dollars ($ 122,000.00). N9 variations shall be made in the amount except as set forth in the bid and specifications attached hereto. I (B) ProqressPayment I On no 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 up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at th~ unit prices as set forth in the Bid Schedule. I I On the "City's vendor payment run" following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay t9 the Contractor 90% of the amount of the estimate on, units accepted in placei The 10% retained percentage may be held by the Owner until the final completion and acceptance of' all work under the Contract., Interest on the retainage is waived. I ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT I I (A) Upon receipt of written notice that the work is ready for final, inspection acceptance, the 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. b~ due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. I I (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of I ----'ZELr_~~NEERS 1 9909-02 AGR, doc AGR-2 I I I I I I I I I I I I I I I I I I I I SECTION AGR AGREEMENT disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated incases 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. governing claims. Each final shall, be made except that it conditions a waiver of payment payment, under shall the terms and not constitute Agreement original, IN WITNESS WHEREOF, the in three (3) counterparts, each in the year and day first mentioned a , have shall executed this be deemed an wU ~ By: (SEAL) , , (SEAL) ,d . d ... 00 S ,~ 0..000000 ~ \__, C€ORG\I'- _-:ff \\.,,'-''''~~-- By: ~~ As its l1rel~W~ CONTRACTOR: J.S. HAREN COMPANY Address: 123 Washinqton Avenue P.O. Box 450 Athens, TN 37371-0450 cK un &JQC'~ Witness ...'f'''":,~~'''Tr, ~.,c ",.,. ~"" ,,"'~ ~ -l, 7... :., : l',-j...... ~.....- ~:~~~"'. ~ ~ .~... "'. ,.. ~ .; ",. ...~-.. -.,. ~ ~ ~1~~~,~~~/. \ \ = :: r"'- ", -:. :::. -:-':. ~ - . - ;", ' /-;,."':... '" -. - - ~~~;~:i:~=--.._..._.__.,.e-- ~,..~ 9909;,02" AGR. doc ..,,,,,,~ .~,": i";r- 'ZELI ENGINEERS AGR-3 I I I I I I I I I I I I I I I I I I I SECTION PB PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that J.S. HAREN COMPANY (Name of Contractor) P.O. BOX 450, 123 WASHINGTON AVE., ATHENS, TN 37371-0450 (Address of Contractor) a Corporation ' ,hereinafter called Principal, (Corporation, Partnership or Individual) and RELIANCE INSURANCE COMPANY 3 PARKWAY 10TH FLOOR PHILADELPHIA, PA 19102 (215) 864-4000 (Name of Surety) (Address of Surety hereinafter called Surety, are, held and firmly bound unto Augusta-Richmond County, Georgia, (by and through its Commission), Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER,' in the penal sum of One Hundred Twenty-Two Thousand 00/100 Dollars '($ 122,000.00 )in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 7th day of March, 2000 a copy of which is hereto attached and made a part hereof for the construction of: 1999 WATER SYSTEM IMPROVEMENTS WRIGHTSBORO ROAD BOOSTER PUMP STATION RENOVATIONS NOW, THEREFORE, if the principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the 'specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. --=:JZPL ENGINEERS ... r -. 9909-02 PB, doc PB-l I I I I I I I I I I I I I I I I I I I ...----......"'---.. SECTION PB PAYMENT BOND '", -' - --- - .....; - - IN WITNESS WHEREOF., tf{i~S: Anst:rument counterparts, eiich bnS"nwhl';h .shall be March, 2000. "'-"-'"-,~c,,_,,, "_.".o.",~" is executed in .2. (number of copies) deemed an original, this the 7th day of J.S. HAREN COMPANY Principal '41'~ By: P.O. 450, 123 Washinqton Ave. (SEAL) 46m c5'<00lli JJ3 wVJ~Sh~t:~ A, It. --+h.ddress.l... ~ "3 ~IlS j lJj ~ JJU , l POW0i' cfi f:'~-7)m,;/'1 Atte;~hedJ Athens, TN 37371-0450 (Address) ATTEST: ,- o- r Attorney-in-Fa H. A. WRIGHT, JR. - orney MARSH USA INC. ~~~~ AVENUE, STE l~OO , ,," J N.J7203 (6fS) 34U-2400 (Surety) M H USA INC. 1801 Vv'5T END AVENUE, STf 1500 NASHVILLE, TN 37203 (^fSI340 140q (Address (SEAL) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. IMPORTANT: Surety companies executing, bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where'the project is located. ,.- ----'ZELI ENGINEERS - -------- ---.-.------------------ 9909-02 PB, cloc PB-2 I I SECTION PFB PERFORMANCE BOND I KNOW ALL MEN BY THESE PRESENTS: that J.S. HAREN COMPANY (Name of Contractor) I P.O. BOX 450, 123 WASHINGTON AVE., ATHENS, TN 37371-0450 (Address of Contractor) I I (Name of Surety) hereinafter dalled Principal, or Individual) RELIANCE INSUr..~NCE CQMPANY 3 PMI(WAY . tf'aTM ;':lnnR PHILADELPHIA, PA 19102 (21 S) 8e44QOO and a Corporation (Corporation, Partnership, I (Address of Surety) I hereinafter called Surety, are held and firmly bound unto Augusta-Richmond, County, Georgia (by and through its Commission), Municipal Building, Augusta, Georgia 30911, hereinafter called Owner, in the penal sum of One Hundred Twenty-Two Thousand 00/100 Dollars ($ 122,000.00 )in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. I I THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the ~ day of March, 2000, a COpy of which is hereto attached and made a part hereof for the construction of: I 1999 WATER SYSTEM IMPROVEMENTS ,WRIGHTSBORO ROAD BOOSTER PUMP STATION RENOVATIONS I NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay ,the Owner all outlay and expense which' the Owner may incur ,in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. I I I PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time" alteration or addition to the terms of the contract, or to work\ to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. I I I --'ZELr ENGINEERS 9909-02 PFB, doc PFB-1 I I I I I I I I I I I I I I I I I I I I SECTION PFB PERFORMANCE BOND PROVIDED, ,FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be' unsatisfied. .._/~ 110 "...). IN WITNESS WHEREOF, this instrument is executed in 5 (Number) .i~'~n-~'~~:~:~';-,,_ "~\ each one which shall be deemed an original, this the -7th day of ~Mar:,~h, ::'2000. - " ~~ ATTEST: ~ - - ~ ~..............r:: ""..'" ~;'": -.......-.r-Jt ~,..~... ....",. -r, " J.S. By: (SEAL) P.O. BOX 450, 123 WASHINGTON AVE. LkuR ~~ ATHENS, TN 37371-0450 (Address) r'\ (Witness) to Principal /;23lJA:),~ ~ I A-IAvns:T rI (Address)' LPower o~ Attorney A1tsJ,;hed fe, ATTEST: ) ,. ~ . (Surety) By ;0"0 At t 12 FM~;.(;- .).Jl- E c 1; H. A. WKLLJIil, . - Atto . ey In Facl MARSH "SA INC. 1801 W~AVENUE,STE 1500 NASHVILLE, TN 37203 (615) 340-2400 ~ (SEAL) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is ,Partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. ..----=ZEL ENGINEERS ,- I 9909-02 PFB. doc PFB-2 I I I I I I I I I I I I I I I I I I I TO: J. S. HAREN CO. P.O. BOX 450 123 WASHINGTON AVE.' ATHENS, TN 37371-0450 PROJECT: 1999 WATER SYSTEM IMPROVEMENTS WRIGHTSBORO ROAD BOOSTER PUMP STATION RENOVATIONS SECTION NTP NOTICE TO PROCEED Date The Contract for the above work is being signed today by the City of 'Augusta, Georgia. Two signed copies will be mailed to you promptly. You are hereby notified that the commencement date of work in accordance with the Agreement dated March 7, 2000 is and you are to complete the WORK within 120 consecutive calendar days thereafter. The 'date of completion of all WORK is therefore ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the _ day of By Title 9909-02 NTP, doc NTP-1 CITY OF AUGUSTA, GEORGIA By Title --------------' ZEL EN GIN E E R S 1--'--, I I SECTION CO CHANGE ORDER I Order No. Date I Agreement Date March 7, 2000 I PROJECT: 1999 WATER SYSTEM IMPROVEMENTS WRIGHTSBORO ROAD BOOSTER PUMP STATION RENOVATIONS I OWNER: CITY OF AUGUSTA, GEORGIA CONTRACTOR: J. S. HAREN CO. P.O. BOX 450 123 WASHINGTON AVE. ATHENS, TN 37371-0450 I I The following changes'are hereby made to the CONTRACT DOCUMENTS: JUSTIFICATION: I CHANGE TO CONTRACT PRICE: I Original CONTRACT PRICE $ I Current CONTRACT PRICE adjusted by previous CHANGE ORDERS $ I The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: I $ New CONTRACT PRICE including this CHANGE ORDER $ I CHANGE TO CONTRACT TIME: I The CONTRACT TIME will be (increased) (decreased) by calendar days. The date for completion of all work will be (Date) . I Requested by Recommended by I Ordered by I Accepted by 'ZEL, ENGINEERS 9909-02 CO, doc CO-1 I I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS INDEX ARTICLE 1 - DEFINITIONS...... ... . .. . . . . . . . . . . . . .. . . . . , . . . . . . . . . , .1.'-4 ARTICLE 2 -PRELIMINARY MATTER. . . . . . . . . . . . . . . . . . .. . . . . '. . . . . . '. . . .. ',4-6 ARTICLE 3 - CONTRACT DOCUMENTS , INTENT, AMENDING, REUSE....... ..; 6-7, ~ ARTICLE 4 - AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE l?OINTS 8-10 .!I"RTICLE 5' -BONDS AND INsuRAi-rCE..................... ..,; . . ; .. .. . . . ' 11-16 ,ARTICLE 6 , CONTRACTOR' S RESPONSIBILITIES..................;..... 16-24 ,ARTICLE 7 ,-_,OTHER WORK. . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . ':':: " 25 ARTICLE 8 - OWNER'S RESPONSIBILITIES........ .'.......... .,...... :.... 26 ARTICLE 9, - PROFESSIONAL'S' STATUS DURING CONSTRUCTION. . . . .. . . . . '.. 26-29 ARTICLE 10 CHANGES IN THE WORK. :... . . . . ~ . . . . . . .. . . . . . . . . 0,0 . . 0 ; 0 . 29 ARTICLE 11 - CHANGE OF CONTRACT PRICE.....................'...".... 30-35 ARTICLE 12,- CHANGE OF CONTRACTTIME..............'................ 35-36 ARTICLE 13 - WARRANTY & GUARAN~EE;' TESTS AND INSPE:CTIONS': C9RRECTION, REMOVAL, OR ACCEPr.~CE OF DE~ECTIVE WORK.... .'... .';.. ;,.,..'... .,................:..:.. .'.',.. .'.. 36-39 ARTICLE ,14 - PAYMENTS TO CONTRACTOR ,!\"ND COMPLETION. . '. . . '. . . . .. . . . . . 40.-45 ARTICLE 15'- SUSPENSION OF WORK-AND TERMINATION.... .......,....... 45-48 ARTICLE 16 ~ DISPUTE RESOLUTION.... ;'. . . .. .. . . . . . .. . . . . . . .. ..,. . . . . . 48 ARTICLE 17 - MISCELLANEOUS....:................................... .48'-49 I I I GENERAL CONDITIONS I ARTICLE I--DEFINITIONS I Wherever used in these ,Generat Conditions or in' the other Con,tract Documents : the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I " Addenda-.zmy changes, 'revisions of clarifications of the 'Contract Documents, which have ,been duly issued by COUNTY to prospective Bidders prior to the time of opening of Bids. 1 Agreement-The written agreement between O~ffiR,and CONTRACTOR .covering the Work ,to be performed: other ,Contract" Documents are attached 'to th'e Agreement and, made a, part, thereof as provided the~ein. 1 Application forPa.yment-Theformaccepted by .by CONTRACTOR in ,reques1:ing progress' or final such supporting document a ti:on a~, is required PROFESSIONAL which,is to be used payments an~ ....hich'is to include by the contract Documents. :1 Bid-The offer or proposal of the bidder submitted on the prescribea form settirig forth the price(s)fo'r the Work to be,performed. I ,Bonds'-Sid, performance and, ,payment bonds and furnished by CONTRACTqR, and, ic's '. Surety in 'Documencs. , . ocher instruments of security accordance' 'wi th the 'Contract I' .. Change Oider--.l! docurrient recommended' by,. PROFESSIONAL, which is signed by CONTRACTOR and OWNER and ,authorizi::s an addition, deletion or revision in the ~ork, or an adjustment in~h~ Cont=ac~ Price or the Cont~ac~Time, is~ued on or after the Effective Date of che .~greement, I I I I Contract Price-The moneys, payable, ,by OWNER to CONTRACTOR under the Contract Documents as stated in the ,Agreement' (subject to the provisions'of paragraph 11.9.1 in the case of Unit Pric~Work). I Contract Time-The' munber of days (computed as provided in paragraph 17.2) or the date stated in the .~greement fer the completion of the' Work. I , ' .CONTRACTOR-The person, firm or corpora'tion wi thwhom OWNER, has enter,ed into the Agreelllent. I ZEl AUGUSTA Ul1UT1ES GEN CON,doc I I I I COUNTY-Richmond Caunty" Georgia, or Augusta', Georgia, political "subdivisians afthe state af Geargia, the Augusta-Richmond Caunty C,arnmissian, ,and its aut,horized ,designees', agents, ar emplayees. I Day-Either a warkingday or calendar day as specified in the bid dacuments. If a calendar.. day shall fall- an a legal holiday that day will be amitted fram the c.6mputatian, Legal Halidays : ,New Year' s Day, Martin Luther King Day, Memarial Day ,4th of July, Labar Day" 'let.erans Day, Thanksgi,jing Day and :'the following ~ Friday, 'and Christmas Day.' ' 'I I , , Defecti'ye-An adjective which-'~hen, madifying the 'Nord -Work refers taWark that is unsatisfactary, faulty or deficient, ar daes natcanform to. the Cantract Dacuments,or daes nat meet the requirements ,af any inspection, reference st~ndard, test o.rappravalJ;'eferred' to. in the Contract Dacuments, ,or has been' damaged priar to. "P~OFESSrONAL" s J:'ecamrnendatio.n of final payment~' unless respansibility far ,the protec::;tion thereaf 'has been assumed ,by OWNER at: Substantial.Campletion inacco.rdance with ,Paragraph 14.8 ar j"4.10). Drawings~Thedrawings which'shaw t:he character~nd scape,af the, Wark to. be perfarmed and which have' been prepared' or approved by PROFESSIONAL and are referred to. in the Cbqtract Dacuments. ' I I I Effective Date of the Agreement-The date indicated-in the Agreement on which it ,becames effective, but: if no. such date is indicated it: means the date on which the .~greement is signed by the Mayor of, the Augusta, Geergia. I Field ordei-.~wri tten order issued- by PROFESSIONAL that medifies Drawings and Specificatians, but 'Nhich daes' nat inval ve a change in the Contract Price er' the Contract Time. I General,R,equirements-sectians ,af Divisian I af the Specificatians.. I Laws ,and'.~:R~'gf]f!l;"ticns: Laws, or ,Regulations-:La,ws. ardinances ,"'C6de~ and/ orarders. ' rules, ~,egula tions, I Notice of .4ward-The written natice by OWNER to. the apparent suc::;essful bidder stating,that upan, compliance by, the, apparent successful bidder with the conditiens precedent enwneraced-: therein; within the time specified, OWNER ,will sign and deliver the '~9reemen~. " I Notice to ?roceed-.~ written net::,ic~ given by OWNER, to. CONTR.~CT0R (with a copy' to PROFESSIONAL) fixing the catean which the Contract Time wiil ,com:mence to. run and an which CONTRACTOR shall start to. perform CONTRACTOR'S abligations under the Cantract Dacuments., I OWNER- Augusta, Georgia, 3.nd'the ,_~ugusta-Richmond County Cornmis'sion. I Partial Utilization-Placing 3.' for ,which it is intended for: a Completian for all the Wark., partian af the Werk iri service for the purpase related purpose) before reaching Substantial I Prafessianal-The ,Architectural/Engineering firm ar' individual ar in-hause licensed persan designated to. perfarm the design and/ar resident' engineer services far the Work. I ZEL AUGUSTA lJTlLmES GEN CON,doc: 2 I I I I I I I I I I I I I I I I I I I I Project-The total construction of '",hich the Work to be provided under the Contract Documents may be. the whole, or a part as indicated elsewhere in the Contract Documents.' Project Area-The area '",ithinwhich are the specified C~ntract Limits of the impr,ovements contemplated to be 'constructed in whole or in part under this Contract. Project Manager:-The professi::mal in charge, serving COUNTY '",ith architectural or engineering servic~s, his successor, or any other person, or persons, employed by said, COUNTY, for the purpose of directing or having , i!l charge the work embraced in' thi's Coritract. Resl.dent Project Representative-The aut,horized representative of PRO/fE?SIONAL who ii assigned to the s~t~or any part thereof. , ' , ' , ' Shop Dra~ings-.zUl drawing~;, diagrams, illustrations, schedules and other data which are specifically' prepCl,red by or for CONTRACTOR to, illustrate some ,portion of the Work and 'all illustrations, brochures, ~tandard schedules, per,formance charts, 'instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Document:s 'consistlng, of writte!1 technical, descriptions of materials, equipment, construction, systems, sta'ndards and workmanship as applied, to the rilork and certain administrative details applicable ,thereto. , ' Subcontractor-An individual, ,'fir:n or corporation having a direct contract '",ith CONTRACTOR or 'with any other SUBCONTRACTOR for the performance of' a part of, the Work at the'site. r I Substant'i.'al Completion-The, WO,rk (or a specified par't thereof) has progressed to the point where, in theopihion of PROFESSIONAL as evidencea by 'PROFESSIONAL I S definitive certificate, of Substantial Comp'letion, it is sufficientiy 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, ,'",hen final paymem: is due inaccoraance with paragraph 14.13. The, terms "substant,i,3.1ly complete" and "substantially' completed" as, applied to any Work refer, to Sul:stantial 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 containini 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 remo'val, traffic or other control systems or water. ZEl AUGUSTA UTILmes GEN CON,doc :3 I I I Unit Price Work-Work to be paid for on the basis of unit'prices. I Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incor- porating materials and equipment into the constru~tion" and furnishing documents, all a.s required by the Contract Documents.' ' I I Work Directive Cl'lange-A wri'tten' 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 '-ihich the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under ,para,gra'ph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time; but is evidenc~" that the parties 'expect that 'the change directed or documented by a Work Directive Change' will be incorpora,ted in a subsequently issued Change oiderfollowing negotiations by the parties as to its effect, it any, 'on the Contract Price or Contract Time as provided in Article 10,. I, I I , ' Writte~ Amendment-,.n. written, amem:lInent of the Contract Documents, signed by OWNER and CONTRACTOR oh or after the Ef::ective Date of the Agreement and normally dealing with thenon-~ngineering or nontechhical rather than strictly Work:..related as'pects of the Contract' Documents. ' I ARTICLE2-PRELIMINARY MATTERS ' De~i very of Bonds: I 2.1: When CONTRACTOR delivers the executed .n.greeme:lts, to 'CONTRAC;;TOR shali a,lso 'deliver, ,to OWNER such Sonds asCONTR.n.CTOR ,required to furnish ,in acco,rdance, with these Cont,ract, Documem:s. OWNER~ may be I Copies .ofDocmDBnt:s: I 2,.2. After. the award of theCom:ract, OWNER, shall, furnLsh 'CONTRACTOR, ,at no cost, one (1) complete' se,t, of the Contrac'C Documents for.' execution of ,the 'iJork. .n.ddi tional sets Of' the proj ect manual and' drawings andlor 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 ~tandard charges for printing and reproduction., I Commencement: of Cont:ract: Time, Not:ice to Proceed: I 2.3.' The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after theSffective Date of the Contract: I start:ing t:l1e Project:: I 2.4. CONTRACTOR shall' begin the Work on the date the Contract Time commences. NoWork,shall be done prior, to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be' at the sole risk of CONTRACTOR. I za AUGUSTA UTIUTIES GEN CON,doc 4 I I I I I I I, I I I I I I I I I I I I I Before Starting Construction: 2.5 . Before undeit:aking each part: of the 'Nork. CONTRACTOR;-:~rl.'?Nll carefully st'udy and compar,e' the Contract Documents, and' check and vei!ify 'pertinent' figures shown thereon and all applicable field measurements.' CONTRACTOR shall promptly report in 'Nritingto PROFESSIONAL any conflict, error, ambiguJ.ty~ 'or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ?ROFE~SIONAL before , proceeding with any Work affect:ed th~reby . CONTRACTOR' shal'l, be' liable to OWNER for failur'e to report' any conflict, effort, ambiguity or, discrepancy in the Contract Documents, if CONTRACTOR knew or ,reasonably should, have known thereof. 2.0. Within ten days after'the Effective Date <,f the A.greement unless otherwise 'specified in the 'c;eneral Requirements),' CONTRACTOR shall submit, to PRQFESSIO~AL 'AND PROJECT MANAGER for review: 2.0.1. 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 subrrUssions: . and 2.6..3,. a preliminary schedule of valuE;!sfor all of, the Work which will include qu'anti ties and pricesofitem.s aggregating the Cont::act. P::ice 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 apP,ropriate amount of overhead and profit' applicable to each item of Work which will be confirmed in writing, by CONTRACTOR ,at the'time of submission. 2,7. Before any work at the site is started,' CONTP.F.CTOR shall deliver to 9WNER,' with copies to, :~ach additionai ,insured, ,id.entified in the, Supplementary, Condic.ions, ,an, original policy or certified copies of .each 'insurance policy (and other evid~nce of insurance which C'OUNTY may reasonably request) which CON~RACTOR is required to purchase and maintain in accordance with'Ariicle 5. ' Pre-construction ,Conference': , 2.8., Before any Work at the~iteisstarted, a, conference attended by CONTRACTOR, Project Manage~, Professional and others ,as appropriate will be held 'to est,ablish ,a , \-lorking" u,nderstanding' among the parties as to the Work and. ,to discuss the'schedules referred t:o in 2.0, procedures for, ,handling Shop Drawings and other submittals, processing applications for payment:, and maintaining required records. Fina.~izin.g 'SCl1edul.es : 2.9. At least t.en days before submission of the first .:l.pplication for Payment a conference attended by CONTRACTOR, PROFESSIONAL and Project Manager and others ,as appropriate will be held to finalize the sched;iles submittediin ,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 pr09ress payment shall be made to CONTRACTOR until za AUGUSTA UllUl1ES GEN CON,doc 5 I I I the schedules are submitted to and acceptable to ?roject Manager and PROFESSIONAL as provided below: The finalized progress schedule '..vill be acceptable to proj ect Manager, and PROFESSIONAL' as providing an orderly.. progression of the Work tocornPletion within any specified Milesr.ories and the Contract Time, but such acceptance will neither impose on PROFESSIONJ:U, 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 I s schedule of values shall be appro~ed' by PROFESSIONAL as to form and 'substance. , CONTRACTOR, in addition to, preparing an initially accepr.able schedule, shall be responsible for maintaining the schedule, including updating sChedul,e., Schedule updates shall include progression of work a:scompared to, scheduled progress on work . Schedule updates shall' accompany each pay request. I I I I I ARTICLE 3-CONTRACT DOCUMENTS; INTENT, ,AMENDING, 'REUSE I Int:ent: : I 3.1. The Contract Documents comprise the entire agreement between OWNER ,and CONTRACTOR concerning the Work. 'The ,Contract Documents ,are ,complementary: what is called for by one is as binding as if called ,for ,by all. The Contract Documents will be construed in 'accordance wi::h the law of, the State of Georgia. I I 3.2. It is the' 'intent, ':of the' Contract Documents to describe a functionally complete Project Cor part thereof) to be constructed :i,n accordance with the Contract Documents. .~y Work, materials or equipment that may, reasonably be inferred fr<?m the Contract Documenr.s or from' prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not speci~ically called for., When '..vords or phrases which have a well-known technical ,or 'construction industry Or trade meariing are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. " ' I I 3.3. Except as other'..visespecifically 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 or3. 7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the 'provisions 01: the Contract Documents and the provisiorisof any such standard, 'specification, manual, cbde or ,instruction (whether or not specifically incorporated by reference in the Contr;;>ct 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 interpretation~' of the Contract Docurne,nts shall be issued by PROFESSIONAL'as provided in E:aragraph,9.4. I I I j.4. Referen~e to standards, ,specifications, manuals o~ codes of any technic~l society, organization or association, o~ to the Laws or Regulations of any governmental authority, ,whether such reference be specific or by I za AUGUSTA UTILmES GEN CON,doc I 6 I I I implication, shall mean the' latest standard, speci fication, manual, code or Laws or Regulations in effect at the time of opening of Sids (or, on ;:he Effective Date of the Agreement if there were no Bids), "e:-ccepc as may be otherN'ise specifically, stated in the Contract Documents. I I 3.5. If, during the ,performance of the Work,' CONTRACTOR discove!:'s any conflict, error, ambiguity or discrepancy, wi thin the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicabl'e , tothepe,iformance 'of' the Work or of any such standard,,, specification, manual or code' or of any instr'iction oJ any Supplier referred to in 6.7 ,CONTRACTOR shall 'so report to PROFESSIONAL in '....ritingat once and before proceeding with the' Work affected thereby' shall, obtain a '....'ri tten interpretacion or clarification from PROFESSIONAL; howeve!:', CONTRACTOR shall not be liable to OWNER or' PROFESSIONAL for failure~ to !:'eport any conflicc, error ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had ,actual knowledge thereof or: should.reasonably have known th~reof. I I I Amending and Supp~ementi..ng,Contract Documents; I 3.6.' The, Contract Documents may be amended to provide for 'additions. 'dele!:ions and revisions in ,the Work or to modify the terms and ,conditions thereof in one or more of ' the following ways: 3.0.1. a formal Written Amenc;ment, I 3.6.2. ,a Change Order (pursuant:, to paragraph 10.3), or 3,6.3, a,Work Directive Change (pursuant to p,aragraph 10,,4) I As indicated in paragraphs 11.2 and 12.1, Contract P~ice andCcnr::ract Time ma'l only be changed by a Change Order 'or a Written .~endmenc: , I , 3.,7. In addition. the requi!:'ements 'of the Cont,ract Doc:.unents may ::e supplemented, and ffiinor variations and deviations in the Work may be authorized, in one 6r more,of the following ways: , ' , 'I ,3.7.1. a Field Order (pursuant to paragrap~ 9.5) '3.7.2. PROFESSIONAL's ,approvaL of a Shop Drawing or sample (pursuant: paragraphs' 6,24 and 6.26), or: ,.,. ~oJ I 3.7.3. PROFESSIONAL's written, interpretation or certification (pursuant: to paragraph 9.4). I Reuse, of do cumsnts,; I 3.,8 , Neither CONTRACTOR nor any Subcont!:'actor 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 owri.'ership rights in any of the Drawings, Specificacions or other documents (or copies oil any thereof) prepared by or bearing the seal of !?ROFESSIONAL or PROFESSIONAL I S consultant; 'and they shall ,not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions or the, Project or any other project without written consent of, OWNER and PROFESSIONAL and specific written verification or'adaptation by PROFESSIONAL. I I ZEL AUGUSTA UTIUT1ES GEN CON,doc I 7 I I I I I ,I I I I I I I I I I I I I I ARTICLE 4-AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Avai~abi~i tyof Lands: 4.1. OWNER shall furnish as indicated in the Contract, Documents, the ,lands up~n which the Work is,to be performed, rights-of-way and easements for access thereto, and such other lands which are desi~nated for the ~seof CON- TRACTOR. Necessary easemepts 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 adju5t:nents in the Contract Price or, the Contract Times asa' result of any delay in OWNER's furnishing these lands, rights-of-r...-ay or easements, the CONTRAC'::'ORmay make a claim ,therefor as provided in Articles 11 and 12., ,The CONTPAC'::'OR shall provide for all additional lands and access thereto that may be ',required, for t,emporary construction facilities or storage of materials and equip~ent. ' Physical Conditions: ,4.2.1. Explorations and Report's : Reference is made to the S,upplementary Conditions for ,identification of those reports of explorar.icns and tests of subsurface conditions at' or ,coritigiious to the s'i te tl1at, have be,en utilized i11 preparing the Contract Documents, and ,those drawings 'Of 'physical conditions in or relar.ing t'O existin.'g 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 upor: th~ generalacc:.!racy of cl1e "technical data" coritain~d" in such reports ana drawings. Such ''':echnical data" is identified in the Supplementary Conditions,' Except for such r~liance onsucl1 "technical, data," CONTRACTQR,: may', not rely upon 'or makeariy claim against OWNER, ,PROFESSIONAL, or any of PROFESS'IONAL' s Consul canes '...-i th =e~pect to:' 4.2.2.1: the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not lirni'ted to, any aspec1: s 0 f the, means, 'me thods, ,techniques, sequences and 'procedures 'of construc1:.ion ;:0 be' employed by CONTRACTOR and safety precautions and programs' incident cheret::, br, .4.2.2.2. other data, interpretations, opinions 'and information cqntained in such reports or shown cri~d:iC:aeed in such dra,wings,or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" o.r any such data, interpretaticns, opinions or information. " , , ., 4.2.3. If conditiqns,'<?-re encountered, excluding existing utilities, at the site which are (1) subsurface or other....is~ concealed physical conditions which differ materially, from those indicated in theCcnt.ract Documents or (2) unknown physical conditions of an unusual nature" which differ mat.erially from those 'ordinarily found to', :exist and generally recognized as inherent in construction activities of the character provided for in t,he Contract. Documents, then CONTRACTOR shall give COUNTY, notice thereof promptly before 'conditions are disturbed' and in no, event later than <18 hours after first observance of the condi.tions. ZEL AUGUSTA UTIunES GEN CON,doc a I I I I "1"""""- 'r;;'~' ,j~~' I I I I I I I I' I I I I I I 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 proj ect Manager and PROFESSIONAL shall' recommend an equitable adjustment in the Contra'ct Price or Contract Time, or both. If the Project Manager and PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from,those ordinarily found and that no change in the, termS' of the' cqntract is' justified, the PROFESSIONAL' shall notify CONTRACT,QR of the determination in writing . The Work shall be performed after direction is provided by the PROFESSIONAL. Physica~ Condi:ions-UndSrground Faci~itieB: <1.3,.1. Shown or Indica tec,t:The information and, da ta. shown or indicated in the 'Contract Documents '.-lith'resrect to existing Underground Facilities' at or cont'iguous 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.,2O-:.""iT:be cost of all of the following '"rill be included in the Concract !?'ric~"<i':~1:i1~{ CONTRACTOR shall have' full r'esponsibilit'l for reviewing and checking 'ail':'~,siIdh information ,and data. for- locating all, Underground ,Facilities'shown or indicaeed in the Contract Documents. for coordination of the Work with the OWNERs of ' such Underground Facilities during construction~ for th'e safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereco resulting from the Work; the cost of all of which will :be considered as having been included' in the Contrac'e Price. ' 4.3.2. Not Shown or Indicated. If, an Underground :acility 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 '.-lrieten notice'thereof to that owner-and to OWNER and PROFESSIONAL. PROFESSIONAL will ~romptly review,the Undergrounq Facility to determine he extent to which the Contracc Documents should be modified to reflect and document the consequences of the existence of the Underg,round' Facili ty, and the' Contract Documents will be amended o,r supplemented to the ,extent. necessary. During such ,timec,' CONTRACTOR shall be responsible for the safety and protection of such l!nderground Facility d;> provided'in paragraph 6.20. 'CONTRACTOR shall be allowed an' increase in the Cont.ract Price or an extension, of the Contract, Time,,' or both, to the extent that they El;re attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could noe' 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 Aiticles 11 'and 12. ZEl. AUGUSTA UTlUTIES GEN CON,doc 9 I I 1 I I I I I I I I I I I I I' I I I Reference' Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction, which, in PROFESSIONAL I s judgment are necessary to enable CONTRACTOR to proceed, with the Work. CONTRACTOR shall be responsible for laying ou~ the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR' shall report to PROFESSIONAL whenever any reference point. is lost or destroyed or requires relocation,because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel'. , ' Asbestos, PCBs, Petrol.eum,Hazardous Waste or Radioactive Material.: 4".5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Haza'rdous Waste or Radioactive Material, uncovered' or revealed' at the site which was not shown or indicat'edin', Drawings or Specificat.ions or identified in, the Contract Documents to be within the scope of the Work, and which may present a substantial danger to, persons or propert.y expo'sed theret.o in connection with the Work a tthe site.', COuNTY shall not be responsible for any such materials brought to the sit.e 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 condi tion~nd' 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 pr~mptly consult with PROF,ESSIONAL concerning the necessity for OWNER to ret.ain a qualified expert. to evaJ..uate such hazardous condition or take correcr.ive action, if any, CONTRACTOR shall not be, required to, reS1,lme Work in connection with such hazardous condition or in any such. affectec. area '.lr.til aft.er OWNER has obtained any required permits, relat.edt.hereto anddeiivered t.o 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 maybe resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an ~djustment, if, any, ,in Contract: Price or Contract Times as a result of such Work stoppage Or such special co'nditions under ',.;hich Worle. 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 ba~edon a reasonable belief it i,5 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 adjust:nent, if 'any,"i:1 Contract Price or Contract Times as a result of deleting such portion of, the Work, then either party may make a claim therefor as provided in Articles ,11 and 12. ,COUNTY may have 'such deleted portion of the Work' performed by COUNTY's own forces, or others il! 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 reveaied at the site. ZEL AUGUSTA UllUllES GEN CON,doc 10 I I I I I I I 1 ,I I I I I I I I I I I ARTICLE 5-BONcS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at" least equal, toth<= Contract Price as Securit.y for the fai thiul performance and payment of all ,CONTRACTOR I s obligat;:ions' 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 Supplementar'l Conditions,. All Bonds' shall 'be in the forms prescribed by Law or Reputation or by the Contract Documents' and be executed by such sureties as are named in the current list of, "Companies Holding Certificates of Authority as .n..cceptable Sureties on Federa,J. ,Bonds" and as Acceptable Reinsuring Companies" as published in Ci rcular 570 '(amend'edl' by the .n..udit' Staff Bureau of Accounts, ,U.S. Tre'asury Department. All Bonds signed by an agent must' be accompanied bya cer,:ified copy, of the authority to,act. ' L.icensed. Suret.ies and Insurers; Certificates of Insurance 5.2. l,All' bonds and insurance, required bv the Contract Documents to be purchased and' maint'ained by CONTRACTOR shall' be obtained from surety or "insurance companies that ar'e' duly licensed Or authori::ediifthe 'State of C-ecii::giat6 issue bonds or ins~rance policies for the li:nits and coverages so required. Ail bonds signed by an agent mu~t be accompanied bY' a certified copy of 'authority, to act. 'such surety and insurance companies shall a1'so meet' such 'additional' requirements and qualifications as may ,be provided in the ,Supplementary Conditions.' ' 5.2.2. CONTRACTOR shall,' deliver to OWNER, ',.;i:h copies to ea.ch additional insuredidentified.'in,. S:3"an originaLor a certified ,copy of the' complete insurance 'policy for each policy required, certificates of insurance (and'other evidence of insurance requested by OWNER oiany other ,additional in~ured) which CONTRACTOR ,is required' to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any' Bond furnished by tONT~CTOR 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 meo=t the requirements of paragraphS.I. CONTRACTOR shall within five days thereafter substitute another BondandsuretYi both of which must be acceptable to OWNER. CONTRACTOR's L~abi~.ity 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 fr,om ciaims set forth below which may arise out of or result from CONTRACTOR's performance and , furnishing of the' Work arid CONTRACTOR's other obligations under the Contract Documents, whether it i~ 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: ZEL AUGUSTA unUTIES GEN CON,doc 11 I I I 5.3.1. Claims under workers' ,or workmen's compensation. disability benefits ahd other similar employee benefit acts; I 5.3.2.' Claims sickness or disease, for damages because of bodily injury, or death of CONTRACTOR's employees; 'occupational I 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; I 5.3~4. Claims for damages insured by personal injury liability coverage which ar'e sustained (a) by any person as a result of, an offen'se direc'tly or indirectly related to the employment of such person ,by CONTRACTOR, or (b) by any other person for anY,oth~r Leason; I 5.3.5~ Claims for damages, other than to the Work,'itself, becaus'e of injury toar destruction of tangible' pro~ert~ wherever located,' including loss of use resulting therefrdmi I 5'.3.6. Claims arising ,out: of operation of La'NS ',",,,,, Regulations for damages' be<;:ause of bodily injury or death of any ?erson or for damage to pro?erty; and I , ' 5.3.7. ,Claims j:o.r damages because of bodily inj uryor deClth of any person or property damage arising out of the ownership, maintenance at use of any motor vehicle. I The, insurance ,required bv. this paragraph 5.3 shall include the' spec~l:~c coverages' and be writ:ten for not less than tl1e limicsof liability and coverages provided in ,the Supplementary Co'ndicions, or required by law, whichever'is greater. The 'comprehensive general 'liabilicy ,'ins4rance shall include, completed 'operatioris~i:n:su'rance.' All of the policies, of insurance so required to be purchased and maintained lot the tert:ificates ,or other evidence thereof) shall contain a orevision' or 'endorsement thai: the coverage afforded . . ... ',-. . will not be canceled, materially changed, or renewal refused until at least:, thirty qays I prior written nO,tice.. has been given to OWNER and PROFESSrONP-.L and Program Manager by certified maiL All such' insurance sha'l'lre.>nain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective' Work in ~c8ordance with paragraph 13.12. In ,addit.ion, CONTRACTOR shall maintain such: completed operations , insurance' ',for at Least t'NO years ifterfinCil payrnentand ,furnish, OWNER with evidence' o'f continuat.ion of, such' insuranc'e at fin.al ?aYTnent. and one ,veal thereafter. I I I I Con~rac~ual. 'Liabi~i ty Insurance: I 5.4. The comprehensivegenera1' liability insurance requi=edby paragraph 5.3 will include cont:::'actual liability insurance a?plicable t.::lCONTRACTOR I s obligations under paragraphs, 6.32 and 6.33. I Owner's Liabi~i ~y Insurance: I 5.5. OWNER shall be resp~msible for ,purchasing and maintaining OWNER I s own liability insurance, and/or Risk Retention Program, and, at OWNER I s option; may purchase and maintain such insurance as will pro~ect OWNER against claims which may arise from operations under the Contract Documents. I ZEl AUGUSTA UTlUT1ES GEN CON,doc 12 I I I I Property Insurance: I 5.6. Unless athenviseprovided in the Supplementary Candi tions, OWNER shall purchase and maintain' praperty insurance upon"the Work at the site to. the full, insurable value thereof, (subject to such deductible amaunts as may be prqvided in the Supplementary Conditians arrequired by Laws and Regulations)., . This insur~nce' shall include the interests', of OWNER, CONTRACTOR, , , Subcantractars, PROFESSIONAL and PROFESSIONAL 's cansul tants and' pragram Manager in'the'Wark, all af ,wham shall be listed as insureds or additional ,insured parties, sha],l insure against the'perils ef fire and extended coverage and shall include "all' risk" insurance for physical lass and damage including' theft, vandalism and maliciaus mischief, callapse and water damage, and such other perils as may be provided in the ,Supplementar:( Cenditions, and, shall ,include damages, losses and, expenses arising' eut Of or resulting from any insured less 9r incurred in the repair ar replacement et any, insured property (including but na,tlimit~d to. fees,' and charges of PROFESSIONAL", ,architects, atto.rneys and ather PROFESSIONALs) :,', If nat co.vere'd under the "all risk" insurance er otherwise' previded in the Supplementary Co.nditiens,CONTRACTOR shall purchase ,and maintain similar pro.perty insurance on pCJ:::tions'ef the Work stared an and aff the site,ar in transit when'su.ch pertions af the Werk are to. be included in an Applicatien for' Payment,. I I I I I '5.7. OWNER, shall- purchase and maintain such bailer and machinery insurance o.r additio.nal preperty,. insurance as may be rec;:uired by, the '..Supplementary Cenditions or' Laws and Regulations whic~';"ill ,include the 'interests ,of OWNER, ,CONTRACTOR", Subcontractors, PROFSSSIONAL AND PROFESSIONAL IS cansultantsin the Wark" all af whom shall be listed as ;insured or additional insured parties. I I 5.8. .ZUl the, palicies of, insurance (or the certificates or other evidence thereof) required ,..to. ,be purchased and maintained by' OWNER iil accordance with paragraphs 5.6and'S.7 wil~ cantain a ,provision o.r endarsement 'that ,t,he, coverage afforded ,'will,nqt., be ,c,anceled er materially changed or renewal refused until at,leastthirt'y days priar written natice has been given to. 'CONTRACTOR by cer..:ified'mail and willco.ntain waiver pravisio.ns in accordance with paragiaphof5~~1:2" I I I 5.9. ,OWNER shall not be respensible fer purchasing and. maintaining any' preperty insurance to pretectthe Interests of CONTRACTOR" Subcontractors or athers in the Wark' to the extent: or any deductible,amouncs th'at are pravided in' the ,Supplementary Cenditions ,.'The risk of loss' within ~he deductible 'amaunt, will be borne by CONTRACTOR, 'Subcontractor er ethers suffering any such loss and if any of them wishespraperty insurance coverage within the lirnits,ofsuch' amounts, eachrriay purchase and maintain it at the purchaser's 'own expense. I I 5.10. If CONTRACTOR requests in writing that ether special insurance be induded in the propertyinsurarice pelicy, OWNER shall, if possible, indude such insurance, and the cost, the reo f will be char:ged. to. CONTRACTOR by apprepriate Change Order Or Written Amendment. Prier to comm~nCement ef, the Work a t the site', OWNER shall in '",ri ting advise CONTRACTOR "nether ernot such other insurance has b~en procured by OWNER. I I ZEl AUGUSTA ununes GEN CON,doc 13 I I I I I I I I I I I I I I I I I I I I Wai ver of Rights: 5.11.1. OWNER and CONTRACTOR waive ,all rights against each other for .all losses and damages, caused by any of the 'perils covered by the policies of insurance Ftovided iri response to 'paragraphs 5.6 and 5.7 and oth~r proper~y insurance applicable to the Work, and also waive all such rights: against the Subcontract:ns, PROFESS IO!'1AL, PROFESSIONAL 1 S consultants, and all oth~r parties nained' as insureds in such policies for losses and, damages so' caused. As required 9Y parag1::aph 6.11.,' each subcontract . between CO~ITRACTOR 'and a ,Subcontractor will contain sl.mi.lar waiver pr,ovisions by the Subcontractor in, favor of OWNER, CONTRACTOR" PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds., None of the above .'waivers 'sha],l 'extend to the rights'that, any of the insured parties may have to the.proceedsof'insurance held, by OWNER as trustee orOtherwi,se payable uriderany policy, ,so issued. 5.11.2. OWNER and ,CONT~CTOR.-' intend that p~licies provided in response ,to paragraphs 5. 6 and 5.7 shall'pr,otect' all of' the, parties' insured and provide primary coverage for all iosses and damages catisedby' the, peiils covereq thereby. Accordingly, .all such polici~s shall contain provisions to the effect that int!1e event of payment of any'loss or damage the insurer will have no rights of recovery against any of the parti,es named as insureds addi tional insureds, and if the insurer,s.' reqUire separate waiver ',forms to 'be signed by PROFESSIONAL or PROFESSIONAL' s consultant OWNER '..;ill obtain the same, and if s'uch waiver forms ,are required of any Subcontractor, ,CONTRACTOR' 'will obtain ,the same, Receipt, and App1ication of Proceeds: 5.12. Any insured' 'lo'ss under the policies of, insurance required by paragraphs 5.6, and 5.7 will be' adjusted~ithOWNER and made oavable to OWNER as' trustee for the insureds, as thei,r ' interests may appear, subject ,to the requirements of any' applic:able mortgage clause and Of ,paragraph '5. ,13. OWNER shall deposit in a separate. account, any money so received, ,'and' shall disfributeit in accordance ,with such agreement ,as the parties iniriterest may reach. ,If ,no other special agreerrientis reached the damaged Worl< shall be repaired orreplaced~ the moneys' so' received applied on account there'of and the Work 'and the cost thereo,f covered by an appropriate Change qrder or Written Amendment., ,Receipt and Application of Insurance Proceeds 5.13. OWNER'as trust~e 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 da'ysafter the occurrence of loss to OWNER' 5 exercise of ,this power. If such objection: be made, OWNER as trus'tee shall make set~ tlementwith 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, giv'e bond' for the proper?erformance of such duties. ZEL AUGU5rA UTIUTlES GEN CON,doc 14 I I I I I I I I I I I I I I I I I I I Acceptance or 'Insurance: 5.14. If OWNER has any objection to the coverage, afforded by or other prov~sions of the insurance required to, be purchased, and maintained by CONTRACTOR in accordance, with paragraphs 5.3 and 5.4 on,t~e basis of its not complying with the Contract Docum~nts, OWNER shall notify CONTRACTOR in writing thereof within ten days of the dace of delivery of such certificates to OWNER in accordance with paragraph 2,. 7. If CONTRACTOR has any objection to the ,coverage afforded by or .~therprovisions ofthepolicie~6~ insurance required ~o 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', shali each provide to the other suchaddi tional ,information in' respect of insurance' provided by each ,as 'the, .other :nay rep,sonaiJly request. ,Fa,ilure by OWNER or CONTRACTOR to give any such notice of' Objection within the ,ticie ptovided shail constitute acceptance of such insur- 'ance'purchased by the other as,complying with the Contracc Documents. ,par'ti.a~Ut;i~iza'tion-proper'tYInsuran~e: , 5,15. If OWNER finds it necessary to occupy or use a portion or portions of the Work p'rior, to Substantial completion of all the Work, such use. or occupancy may be accomplished in accordance ,with paragraph l~.lO; provided that no', such use o,r occupancy shall commence beforetl1e insurers providing the ,propeity' insurance' have acknowl'edged notice' thereof and in wricing effected the ',changes in cover~ge necessitated, thereby. The, insurers providing ,the property insurance shall consent by endorsement on che policy or po.licies, but the property insurance shall notbe'canceled ,or 'lapse on account of any ,such partial. use or occupancy. Il1rl...m~d fica'tion 5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY and its employees and agents from and against: all liabilities, claLLIS,' suits, demands, damages, losses, ,and expenses, including attorneys' fees; :arising out of ot resulting from the per=ormance of its Work, provided thac any such liability, clai'rit" suit, demand, damage, loss, ,or expense (a) is attributable to bodily injury, sic'kness, disease,br death~, or injury to or desc;:ucciOI} of tangible ,pro~ert~,includingthe losi of use resulting thereftom ~nd (bl 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 mayb~ liable, whether or not it is caused in whole or in part by the negligence or oti1er fault of a party indemnified hereunder'. 5.16'.2.' In any and all claims, against COUNTY or any'of i t~ agents or employ~es by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or ind~,rectly employed by' any of them, or anyone f.or whose acts ,any of them may be liable, the indemnificatiqn obligation under the previous pa'ragraph shall not be ,limi ted in any way ,as to the - amount or type of damages , compensation or' benefits payable. by or for CON.TRACTOR or any SUBCONTRACTOR under 'N'orkrnen's compensation acts, disability.benefit acts, or other employee benefit acts. ZEt AUGUSTA UTlUTIes GEN CON,doc 15 I I I 5.16.3. CONTRACTOR' shail indemnify and hold harmless COUNTY, and anyone directly or indirectly employed by it from and against all ,claims, sui1:s, demands, damages, losses expenses (including attorney's fees) arising out of any infringement or patent or copyrights held by'others and shall defend all such claims in connection with any alleged infringement of such rights. I ,'I ARTICLE 6 - CONTRACTORS RESPONSIBILITIES I 6.1. CONTRACTOR shall, sU{:lervise and direct the fN'ork competently and ~fficiently" devoting s~c~ attention t~ere~o and appl~ing-such skills and expertise as may be necessai:'yto perform the Work in ac::::ndance with ,the ,Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of constvJction, out CONTRACTOR shall not be responsible for the negligence of others in the 'design or 'specification of a specific means~,me,thod,technique, s,equence or 'procedure of con'struction which is shown or indicated in and' expressly ;equired by the c6nt,ract Doc:uments. CONTRACTOR, shall 'be' responsible to see chatcne ,fini,shed Work COmPlies accurately with the Contract Documents. ,6.2. CONTRACTOR shall keep on the Work at all times during its,progress a competent resident superintendent, who shall not be replaced without whiten notice ,to OWNER and PROFESSIONAL except under extraordinary'circumstances. The superintendent will be CONTRACTOR's rep:resentative 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 ,1:0 CONTRACTOR. I 1 I I Labor, Materia.1.sand Equipment: I . ..' , ' , , 6.3. 'CONTRACTOR shall provide competent, suitably qual':' fi.ed personnel to survey and ,layout the Wo.rk and perform construction as ,required by the ~ontracc Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. ,Except in connection with the safecy or protection of persoris or the Work, or ,propertY at the "?ite or adjacent thereto, and, except as otherwise indicated in the Contract Documents, all Work at the site shall be performeddu,dng 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. ' 1 I I 6.4.. Unless o ther...ii se ,specified in'the General Requirements, CONTRACTOR shall 'furnish, and assume full responsibility fer 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 nece'ssary for' the execution, ces-cing, ini cial,' operation', and c::,mpletion of the Work as, required by the Contract Documents, 6.5. All macerials and equipment, shall be of good quality.and new, except as ,otherwise )Jrovided m, the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory,evidence including reports of required tests) as' to the kind and quality of materials and equipment. All materials andequi{:lment 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 Con'tract Documents; but no provision of any such instructions will ,be effective to I I I I ZEL AUGUSTA ununes GEN CON,doc 16 I I I I I I I I I I I, I I I' I' ,I, I I I I ,assign to, PROFESSIONAL, 'or, any of ?ROFESSIONJl..L' s consultants, ,agents or employees, any duty' or authority ,to supervise or direct the fu'rnishing or performance of the Work or,any duty or authority to undertake responsibility ~ontrary to the provisions6f -paragraph 9~14 or 9.15: Adjusting Progress, Scb.ed:ul.e: 6.6. CONTRACTOR shall submit to' PROFESSIONAL for acceptance to the ef{tent indicated in, paragraph 2:9} :,adjustments in th,e'progress schedule to ,reflect the. impact thereon of new developments;' these will conform generally 'to the progress schedule then in effect and additionaily will comply with any provi~io~s of the General Requir~ments applicable thereto. . . .,. .,. . Substi tutes,or "or-Equa~" Items: , 6.7.1.," Whenever materi,als or equipment are specifies oL,de:scribed in ,the'contrac't Documents by 'using the name of a proprie'ta'ry item, b*";;:;'~" } name of a particular ,Supplier the naming-Of the item is intended':,t'o;,.$s,..., 'fish the type',: function, a'nd quali ty re~i.;-ed, Unless the name is 'followed., y words indicating that no substitution'is permitted, materials or equi?ment of other suppliers may be accepted by' PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material " ,cir equipment proposed is equiva~lent 'or equal to that named. The procedure for review by PROFES,SIONAL will include, the following as supplemented in the Gen~.ral 'Requirements. Re~uests for ,review of substitute items ofrnaterial 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 P€lrformadequatelythe functions and achieve the results called for by the general'design, be simiiar and of equal 'substance to that specified and be suited to the same use as that.~pecified., The application '....ill state that the eval'uation' and acceptance' of 'the, proposed substitute, '....ill not prejudice <,?ONTRACTOR I s achievemen,t of, Substantial Completion on timei,whether 'or not acceptance of' the substitute for use in the Work will re'quire a change in any of ' the Contract Documents(orin:~he provisions of any other direct contract .....ith OWNER for work on the Pio~ect),' to adapt the design to the proposed 'substitute, and whether, or 'not, 'incorporation or use of the substitute in ,co'nnection'wi:th the Work is s,ubject,to, payment of any-license fee or royalty., 'AlL"variations of the proposedsubsti tute from that specified will be ider:.ti fied' 'in the application and, available maintenance, repair arid replacement service' will, be,' indicated. The application will also contain an 'itemized estimate ,of all costs "t,ha.t,will result directly or indirectly from acceptance ,of. such substitute, . {ncludi'ng 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' sexpense 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 Cont,ract Documencs, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construccion acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute propos'ed is equivalent to ,that indicated or required by the Contract 'Documents. The procedure for review by PROFESSIONAL will be similar to that za AUGUSTA ununes GEN CON,doc 17 I I I provided, in supplemented . :'-:~~~- paragraph 6.'T:.i~as applied in the General Requirements. by PROFESSIONAL' and as may be I 6.7.3. PROFESSIONAL will be allowed a reasonable time 'wi~hin which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and,' no' substitute' will be ordered, ins1:.all'ed 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 fur- nish at CONTRACTOR 's, experi'se a special performance guarantee or 'other' surety' wi th respect to any sUbstitute;', PROFESSION~ '.-lill record time required by , PROFESSIONAL and PROFESSIONAL's" consultants in evaluating substitucions' p.t:'9posed ,by CONTRACTOR and in making changes in the Cont::act .Documents os~~~ioned thereby. Whether ,or not PROFESSIONAL accepts ~ proposed subscitute. ,CONTRACTOR' shall reimburse OwNER,' for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substicute. I I' " I Conc:erning SUbc:ont:rac:t:ors:- SuPPl.iers and O'tb.ers:, 6.8:1. CONTRACTOR shall not employ a~y Subconcractor, Supplier or other person or, organization (including '"those acceptable t'oOWNER and PROFESSIONAL as indicated in paragraph, 6.8.2). whether initially or as, 3. substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRj)"CTOR shall not be required to employ anySubcontra9tor, Supplier or ether person or organization to furnish or perform any of the Work against whom CONTRACTOR has reaso~able objection: I I I 6.,8.2: If the supplement;'rry'condi tions require the iden1:.ity of certain Subcon::ra'c1:.ors, .supp11~5:R,'tor other persons ,or organizations ,including those who are tofurnish_th~J~?!ti:icipal' items of materials and equipment to be sub- mitted ,to OWNER inadvknce of the specified date prior, to the Effec1:.ive Dace" of the .Z\.greement for ~cceptance by', OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supple!nentary"Conditions, OWNER's or PROFESSIONAL ',s' acceptance (either in wr{tingo~ by failing to make writ1:.e'n' objection thereto by the date indicated for 'acceptance or objection in the biddil1g documents or the Contract Documents) of anY-SUCh Subconcraccor, Supplier or other person or organization so ideptified may be revoked on the basis of reasonable objection' after due I'nvestigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Pr-ice will be increased by the difference, n"the cost occasioned by such substitution and an ,appropriate Change Order will,peissued or' Written Amendment. signed. , No accept'ance, by OWNER or !?ROFESSIONAL of any such Subcontractor, - Supplier or other person or organization ,shall cOl1stitute a waiver 9f any ;:':.ghc of OWNER or PROFESSIONAL to reject defe,ctive Work. ' , I I I 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 organizationsperfortning or furnishing any of' the Work, under a- director indirect contract' wi th_ CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own ac1:.S and omissi-ons. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or, other person or organization, nor' shall. it create any obligation on the part, of OWNER or PROFESSIONAL to payor co 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 ZEL AUGUSTA UTILIT1ES GEN CON,doC 18 I I I I I I I I I I I I I I I I I. 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. .6.11. All Work performed for CONTRACTOR by a Subcontractor will be . pursuant to. an .appropriace 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 paragraphS.II. CONTRACTOR shall pay each Subcontractor a. just share of any. insurance moneys received by CONTRACTOR on account of losses under policies issued pursuan,:.. Co paragraphs 5 . 6 . a.nd .5. 7 . Pat:ent:Fees. and RoyaLt:ies: .6.-12, CONTRACTOR shall pay all license :ees and royalties and assume . . all costs incident to .the use in the performance. of the Work or the incorporation in the Work. .of any inve.ntion, design, process,. product or devi.ce which. is the subject of ,patent rights or copyrights, held by otl1ers, CONTRACTOR Shallindemnifyand~old harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and. against all claims, damages, losses. and. expenses including attqrneys I ,fees and. court and .arbi.tration costs arising out of any infringemeni:. of patent rights or copyrights incident to the' us.e in the perf~rmai1ce or r.ne. Work or resulting from the .incorporation intheW~rk of Any. invencion,. design,. process, product or device not spe.cified in' the Contract Dbcumem:.s, and shail defend all such claims in conn~ction with any.~lleged.infringement of such righi:.s. Pexmi. t:s: 6,1.3 ,. CONTRACTOR s J:1a 11. obtain and pay for all construction permits, . licenses,. governmental charges .anci lnspe'ction fees, and all public utili':y . ch~rgeswl1ich are applicable. arid necessary. for the executionef the Work. All . permit costs shall be included in' the base bid, Permits; i: any that are . provided an,d paid for by OWNER are listed in the Supplementary Conditions. .n.ny delays associated with the permiti:.ing process '..,ill be considei:"ed for. time. extensions only and no damages or additional compensation for delay will be .'.allowe~, . Laws and ReguJ.at:ions: 6.14.1.. CONTRACTOR sh.all give all notices and comply '.-lith all Laws and Regulations applicable to furnishing. and performance of the Work,' Except where otherwise expressly required by applicable Laws and Regulations,neithe.r.OWNER nor PROFESSIONAL shall be responsible- .for monitoring ~()NTRACTOR I scompliance.. with any Laws or Regulations. - . 6.14,2. If CONTRACTOR observes that any of the Cont=act Documents are contradictory to sUc:h laws,. rules, and regulations,. it wq.l notify the proj ect Manager promptly in :.,:""rit.i-rig. 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. ZEL AUGUSTA UllUllES GEN CON:dOC 19 I I I I. I :~~.. I I I I I ....,; "~ I. . :.. ,q '?:(~} . .... ~:.~ ..~::(..,. I I I I I I I - . Ta:xes: 6.15... CONTRACTOR shall .pay .all sales, consumer, use and other similar taxes required to. be . paid by. CONTRACTOR in accordance'.-li th the Laws and Regulations of the. place. of the proj ect which are applicahle .during the performance of th~ .Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipmeni:., the storage of materials and equipment and,tl1eoperations of workers to the Project site.and l.ind. and areas identified in and permitted by the Contract Documents and other. land and areas permitted by Laws and Regulation~; rights-of-:-way'-.permits and. . :easements. CONTRACTOR shall not unreasonably encumber the, premises with cons.tr.uction equipment oL:.other materials or eq1,lipment. Any .loss .or damage to CONTRACTOR's or. any .Subcontractor's equipment issclely at. the ri.sk of CONTRACTOR, CONTRACTOR shal1a~sume. full responsibili tyfor.: any damage to any such land. or a.rea, or to the. owner or occupant thereof cr ..cf, any:land .or areas contiguous thereto., resulting from .. the performance of. ':he Wor:<.. 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 a.ttempt to settle with such other party by agreement or otherwise resolve the claim bv .. arbitration or at law" CONTRACTOR shall to. the fullest extent. permitted by Laws and Regulations, indemilifyand hold OWNER .h.a.rnuess from and against all c.l~ims, damages, losses and'expenses (inclUding, :Outnotliinit~d :to, fees of PROFESSIONALs, architects, attorneys arid other professionals and. court and arbit~ation costs) arising directly, indirectly or' cons.equem:.ially out of any. .:.' action,. legal or equitable, brought by any such other par':yagainst OWNER to thee.xtent based ona c1aim arising out cf CONTRACTOR I S performance of the Work. 6.17. During the progies:s ..ofthe Work, CONTRACTOR shall keep the premises free from.accUmulations'oL waste materials, rubbish and other debris or.. contaminates resulting from the Work'. At .the complet:.ion of the Work . CONTRACTOR shall remove all waste .materials, rUbbish. and debris from and aboui:. the premises as well as all tools, appliances, construc::ion. equipment arid machi.nE:!ry, and surplus materials, and shall leave. the sit.e.clean and. ready for occupancy by OWNER, CONTRACTOR shall restore. to original condition a 1"i . property not designated. foralterad.on by the Contract Documents. 6..18. CONTRACTOR shall not load nor permit any part of any st:.ructure Co .be'loaded in any manner that.will.endanger the structure, nor shall CONTRACTOR subject any pan of the Work. or adjacent property to. stresses or pressures that will endanger them. Record Documents: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents. and all Drawings and Specifications. These documents shall be annotated on a continuing bas'is to.. show all changes made during the constructiori process, These shall be available to .PROFESSIONAL and the Project Manager and shall be submitted with ,the .~pplication . for final Payment. . za AUGUSTA UTlUTlES GEN CON.doc 20 I. I I 1 I I I I" -I I." I I I I I 1 1 .1 1 saret:y and Protect:ion: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs ihcon~ec~ion with the Work. CONTRACTOR shall assume all. risk of loss for stored equipmentor.mar.erials, ,irrespective of whether CONTRACTOR has transferred the title of the. Si:.ored equipment or materials to OWNER: CONTRACTOR shall take. all necessi:lry . precautio.ns. fClr the safety. of ,a.nd .shall. provide the necessary. protectio.n . to prevent damage, injury or joss to:. 6.20..1. all employees on the Work and other persons. and. organizations who maybe affected thereby: . . 6.20.2. all the. Work .and materials and equipment to be incorporated thei:e~n, .whetherin storage on or off the site; and . . 6.20.3. other prope.r;ty at t.he site or adjacent thereco,. including t.rees,. shrubs, lawns, '.-lalks., pav.ements, roadways,struc:.ures, utilities and -Underground Facilities not designated for ,removal, relocation or replacement in the course 6f 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, inju~y or loss; and shall erect and maintain all necessary safeguards for such safety' and.pro"cection. CONTRACTOR shall notify OWNERs of adjacent property. and. of . Underg.rourid Facilities and.. 'ii:.ili ty"' OWNERs when prosecution of the Work may.~ffect them, and.shall cooperate with them'in the protection, removal, relocacion and replace!nent. of their property, .ZUI 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 subc6ntractor; Supplier" or. any other person or.. organizar.ion directly or indirectly.. employed by any of them to. perfor:n 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 Specifica.tions or to the acts or omissions .of OWNER or PROFESSIONAL or anyone employed by either .of them or anyone for 'N'hose act.:; either of them may be liable, apd not attribui:.able; direci:.ly or indirectly, in whole or in part, to ,the . fault . or negligence. of... CONTRACTOR). . CONTR.~c'TOR 's duties and responsibilities for thesa'fety aI).d protection of the Ylork. shall continue untj,.l such time as all the Wo.rk is completed and ?ROFESSIONAL has issued a .notice Co"..OWNER and CONTRACTOR. in accordance, with paragra!?h 14.13 that the Work is accep.table .,( except as otherwise . expressly provided In connection with Substantial Completion) . 6. 21. CONTRACTOR shall designate a responsible member .of its organization whose duty shalL b.e the prevention of .accidents at the site. This person shall be CCNTRACTOR's superintendent unless other',.,rise. designated in writing by CONTRACTOR to the Project Manager. . za AUGUSTA unLmES GEN CON.doc 21 1 I I I.. I I I I I I I I I I I I I I I 1!:mBrgencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or. property at the. s~te or adjacent thereto,- CONTRACTOR, '..vithout special instruction or authorizatio~ from PROFESSIONAL 9r OWNER,. is obligated to.act to prevent. threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt 'tJrit:.en notice .if CONTRACTOR believes that any significant changes in the Work or. va.riations from. the Contract Documents have .been caused thereby.. If PROFESSIONAL determines. that a change In the Contract. Docllinents is required because of the action taken in response to an emergency, a Work . Directive Change or Change Order be issued todocurnentthe conseque.nces of the changes or variations. 6.22.1. CONTRACTOR. shall. immediately notify PROFE;SSIONAL of. all events involving personal tnjtiri.e's to any person on the.Site, '..vhether or not. such person was engaged in.thetonstru~tion of the Project, and. shall file a written report on such persOn (s) and any other .event resulting .inproperty damage of any amount:. within five ,(5.) days of the occurrence.. . 6.22.2. Tf PROFESSIONAL determines that a change in the Contract Documents is required because of .the action taken by CONTRACTOR in response to such an emergency, a Change order will be issued.to document the consequences of such action. - . Shop . Drawings and samp~es:- 6;23.. After checking and verifying all field measurements, CONTRACTOR shall. promptly submit to. PROFESSIONAL for approval, in accordanc~. with the accepted.schedule of submittals, all submittals and samples required by the Contra~t Documents. .~l 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 anyotherinf.ormation necessary to enable PROFESSIONAL to. review the submittal as. required. At the time. of each submission, .CONTRACTORshall give notice tOdPROFESSIONAL of all deviations that the submittal or sample may have from the ::equirements of the Contract Documents. 6.24. PROFESSIONAL shall.revie.w and approve . sUbmit:.ta.ls and samples.. Professional's review. and approval sha-ll. be only for co!",.fbrmance with the design concept of the .project and compliance with the information given in the Contract Documents .:.The approval of.a separate item as stich will not indicate approval of the assembly in which the item. functions. CONTRACTOR. will make any corrections required by PROFESSIONAL and resubmit the. required number of. corrected copies' until approved.. CONTRACTOR's stamp of approval on any . submittal .or sample shall constituce its representation to PROFESSIONAL and County that .CONTRACTOR has deternuned and verified all quantities, dimensions,. field construction c::iteria,rnaterials,catalog numbers,.and similar data, and that each .submittal or sample has. been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6. 24 ~ 1. No Work reqtiiringa 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 thesite.and shall b~ available to PROFESSIONAL and County ZEL AUGUSTA UTlunes GEN CON. doc 22 I 1 1 I I .1 1 .1 I .1 I 'I I I 1 I I I I . staff. Any delays associated. '.-lith 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 res.pectthereto 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.. .Zl,.t the time of. .each submission, CONTRACTOR shall give PROFESSIONAL specific written..notice of each variation that the Shop Drawings or samples. may have from the.requirementsof the Contract Doc~ent.s, and, in addition, shall. cause a. specificnotatiQn to be made on each Shop Drawing .submitt.ed to PROFESSIONAL for re.view and approval- of each such 'lariation. . . . . 6.26: PROFESSIONAL: will review and approve wi.th reasonable .promptne.ss Shop Drawings and samples, - but PROFESSIONAL I S review and approval'.-lill.be onlY for conformance with the design concept of the Project and for compliance with the information given in the: Contract Documents and. shall noi:. extend to means, methods, techniques, sequences or procedures of cons.truction (except where a specific means, methoci, technique, se.quence or. procedur.e o.f 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.~.f the assembly in '.-lhi::::h ':~e item functions. ~.27. No Work requiring a submittal or sample submission shall commence . until the submission has been approved by PROFESSIONAL. A copy of. each approved .~nibmi ttal and e~ch approved sample. shall be kept in gOOd order. by . CONTRAGTOR at the. site arid. shall. be available co PROFESSIONAL and proj ect M~mci.gery staff . Any deJ~Y:lc~~\iassociated with the 5ubmi ttal process '.-Jill. be . considered for time extensxon~ .only, and no damages or addi~ional compensation for delay will be allo~ed;. . . - 6.28: PROFESSIONAL"s approval of submittals or .sampl.es . shall not relieve CONTRACTOR from responsibility for any variation from the requira~ents of the Contract Documents unless CONTRACTOR. has.. in writing called PROFESSIONAL'.s attention to. each such variai:.ion at the time. of submission and the proj ectManager has given written approval to the specific s:ieviation; any. such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility. for. errors or omissions in the.. submittals '.. 6.29. Where a. shop dra~ing. 0 r. ~ample is. required by. the Contract Documents or ;the schedule of. shop drawing~ arid 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. Cont:inuing.the Work: 6.30. CONTRACTOR shall carry on the Work and adhe=eto the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending .reso~ution 'of any dispu.tes or. disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. ZEL AUGUSTA UTlUTlES GEN CON. dOC 23 I I I 1 I I I 1 I. I I I I' I I I 1 I I CLeaning .up: 6.31. CONTRACTOR shall maintain the site free from accumulations of '.-laste 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 allwa~te materials, rubbish, and debris from the sice as well as all tools, 'construction equif)ment and machinery, and surplus materials and will leave the?iteclean and ready .for occupancy by OWNER. All disposal shall be. in accordance. with applicable laws and regulations. In addi tion to any. other. rights available to OWNER under the Contract Documents,. CONTRACTOR's failure to maintain. the site may result in '.-Jithholding of any amounts due CONTRACTOR. CONTRACTOR will restore .to original condition those portions of the .site not designated for alteration by the Contract Documents. Inn""...... ~. fi ca t:ion: . 6.32. . . To. the fullest .extent pe.rnu.tted byLaws.. and Regulations CONTRACTOR shall indemnify and hold harmless OWNER .and PROFESSIONAL and their consultants, agents andemp~oyees from and against all claims, damages, losses. and expenses, direct, indirect or consequential (inc.l.udingbut not limited to fees and charges of PROFESSIONALs, architects, att.orneys and. other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance bf the wor~,,:.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 t:angible 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 CONTRACTCR, any Subcontractor, any . person or organizat:ion directl.y or indirectly employed by any of them to perform or f;..lrnish any of the Work or anyone for '.-lhose acts any of them may be liable, regardless of whether or not it: is caused'- .in . f)art: by a party indemnified . hereunder' or . arises by or is impo~ed by. Law and. Regulations regardless of the.hegligenceof any such. party: 6.33. In any and all .clai~s against OWNER or PROFESSIONAL or any of their consultants, ageni:.s or. employees by any. employee of CONTRACTOR, any Subcontr.actor, any person or organization directly orindirect:ly employed by any of them to perform or furnish any.of the Work or anyone for whose acL.S any of them may be liable,. the indernnificationobligai:.ion under pa'r.agraph 0.3Z shall not be limited in anywayby.any limitation on the amount: or type of ,damages, compensation or benefits payable by or for CONTRAC~OR or any such Subcontractor or other person 'or.. organization. under workers'. or workmen's compensacion 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, !?ROE:ESSIONAL' s consult:3-ni:.s,. agents or employees arising out. of the preparation.. or approval of maps, drawings, opinions; reports, surveys,. Change Orders,. designs. or specifications. ZEL AUGUSTA ununES GEN CON.doe 24 I I I ARTICLE 7---0THER WORK I Ra.la.:ted Work at: Si te: I 7.1. .Ow}TER may perform other work related to the Project at the si~e by 'OWNER's own forces, have oi:.her work performed by ailed OWNER's or let other direct contracts therefor '.-lhich. shall contain General Conditions similar to these. If the fact that such other work is to be performed.wasnot noted. in t:he Contract Documents, written notice thereof will be gi',fen 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 a.gree as to the extent thereof. CONTRACTOR may make a claim'therefor a~ provided in Articles 11 and.12. I I 7.1..2.. CONTRACTORshall'afford each utilii:.Y owner and other contractor .'.-lho is a: party to such a direct conCract for OWNER,' if OWNER is. performing the additional work with OWNER's. employee.s) 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 .'.-lork, and shall properly' con~eC:t and coordinate the Work '.-lith theirs. CONTRACTOR shall do all. cutting., fitting and . patching' of the Work i:.hat may. be required to make. ir.s several pans come together properly and ip.tegrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or oi:.her...ise altering their work and '.-lill only cut .oral.ter .their '.-lork '",i th tl1e '.-lri tten 'consent .of PROFESS,IONAL .and the others whose work will be affeci:.ed.. The duties and ..responsibilities of CONTRACTOR \mder this paragraph are. fer the benefit .of. such utility owners al1d other. com:.ractors r.o the exr.e"nt that. .there are .comparable provisions for the benefit or' CONTRACTOR: in said..direct contracts between OWNER and such utility 'owners and other contractors. I I I I I .,7.2~ If any part of CONTRACTOR's Work depends for p::'::Jper execution or results: upon . the work of any-..such other contractor or utility owner (or OWNER), CONTRACTOR .shall inspect and promptly reporc:.. to P~CFESSIdNAL. 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 ~fthe.otherwork as fie and .proper for integration with CClNTRACTOR 's WOrk except for latent or non- ~pparent defects and deficiencies in the other work. I. Coordiriation: I I .7.; 4...... If OWNER .contracts with others for the. per:ormance of other 'Nork on the Project at the site, the person or organization who will have authority and responsibility for c;oordination of ~he activities among the various prime contractors will. be .identified .in..the . Supplemeni:.aiy Conditions, and the speci:ic. matters to be covered by sus:h authority andre.sponsibility will be iteinized, . and the e;{tent of such authority arid responsibilities will be provided, in the Supplementary Conditions. Unless oeher'Nis.e provided in the supplemeritary- Conditions, neither OWNER nor ?ROFESSIONAL shall have any authority or responsibility. in t:'espe.ci:. of such coordination.. 1 I I ZEL AUGUSTA ununES GEN CON. doc 25 I I I I I I I I I I I I :1 I I I I I I I ARTICLE.8-~-OWNER'S RESPONSIBILITIES 8.1.. Except as otherwise provided in these General Condi tions,.COUNT"': shall issue all communications to CONTRACTOR through the Project: Ma.nager or PROFESSIONAL. 8:2. In case of termination of the employment of PP.OFESSIONAL, OWNER shall appoint a PROFESSIONAL.against whom CONTPACTOR makes no reasonable obj ecticn, . whose status unde"r the Contract Documents shall .be. that of the . former. PROFESSIONAL. Any dispute in connection '.-lith such appointment shall be subject c6arbitration. .. . 8.3. OWNER shall furnish the data required of OWNE:F<. under the Contract Documents promptly. and shall make. payments to CONTRACTOR promptly after they .are due as provided in paragraphs 14.4 and 14.13. . .. ,. ~ . . _, 8.4. OWNER's dut:ies ih. respect of providing lands and easements and provid.ing Engineering surveys.to. establish reference poines are set forth in .paragraphs 4.1 and 4.4. Paragraph 4.2. refers to OWNER's ideni:.ifying and making availaple ~ to CONTRACTOR copies. of reports of explorations -andtes.ts of ~ubsurfac~ conditions at the.site And in existing structures which have been utilized by_ PROFESSIONAL in.preparing the Drawings and Specifications.. 8.S. OWNER's responsibilit:~es in respect of purchasing and maintaining . liabili~y and property insurance.~re set forth in paragrap~s5.5 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, tesi:.S and appro~ais.is s~tforth ~n p~ragraph13..4. .8.8. In connection with .'OWNEP:' s. tight to .stop iqork" or suspend \'1ork, see paragraphs 13:10 and 15.1, Paragraph 15..2 deals with OWNER's right to terminate seryices of CONTRACTOR under certain circumstances. ARTICLE g---PROFESSIONAL '.s STATUS DURING . CONSTRUCTION OWner's Representat:ive: 9.1. .PROFESSIONAL will be OWNER's representati1ie during the construtt:ion .period. The duties"and responsibilities and the -limitations of authority of PROFESSIONAL as - OWNER-'s representative during construccion are set forth in the Contract DocUments and shall not be extended without written consent of OWNER and PROFESSIONAL. Visit:s 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 quali ty or za AUGUSTA lJTIunES GEN CON. doc 26 I I I I I I I I 1 I I. I I I 1 1 I I 1 ARTICLE 8---0WNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, COUNTY shall issue all communications to CONTRACTOR through the !?rojec': Manage.r or PRO~ESSIONAL. 8: 2. . In case of termination of the employment of. PROFESSIONAL, .OWNER shall appoint a PROFESSIONAL against whom CONTPACTOR makes no reasonable .obj"ecticn; whose status. under the Contract. Documents.. shall be. that. of the former PR9FESSIONAL. Any dispute in connection with such appoint.."!lent. shall be subject co arbitration. 8.3... OWNER shall fu'rnish the, data required of OWNER under the Contract Documents.promptly.and shall make payments to CONTRACTOR promptly after they are due as provided in pa.ragraph~ 14.4 and 14.13~ . 8.4. OWNER's dut.ies in. r.espect of providing lands and' easement:.s and provid:ing' Engineering surveys. to .establ.ish. reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4:2 refers to OWNER's idencifying 'and making available to CONTRACTOR copies of reports of explorations. and tests of subsurface conditions at the site arid in existing structures which have been utilized by P~OFESSIONAL.in preparing.the Drawings and Specifications. 8,5. OWNER's responsibilities in .respect:. of purchasir:g and. maintainina liability and property insurance are set .forth inpa.ragraphs5. 5 through 5. 8 ~ 8.6. OwNER is obligated .to execute Change.Orders as indicated in .. paragraph 10.3. 8.7." OWNER's. respons.ib~lity ..in" respect of certain inspections, .tests and approvals is set forth in. paragraph. 13..4. . . , . 8.8. In. connection with .OWNER.':S r.ight to stop Work or suspend ~'l'ork, see . paragraphs 13.10 and 15.1. '.Paragraph 15.2 deals. with CWNER '05. right to terminate.services of CONTRACTOR under. certain circumstances. ARTICLE9---PROFESSIO~AL'SSTATUSDYRING CONSTRUCTION OWner's Represent:at~ve: 9. i. PROFESSIONAL will be. OWNER' 05 representative cturlng the construction period. The duties .and. responsibilities and t.helimitat.ions of authority of PROFESSIONAL as.OWNER' s .representative during const.ruction are set. forth iil the Con.tract . Documents and shall not be exte.nded wit.hout written consent of OWNER and PROFESSIONAL. .Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate co the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if theWork.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 ZEl AUGUSTA ununES GEN CON.doc 26 I I I I .1 .1 I I. I I I I I I I I I I I quantity of the Work. PROFESSIONAL's efforts will be direcr.ed toward providing for .oWNER a. greater degree.ofc.o.nfidence that. the completed Work '",ill conform to the Contract Documents. On the basis of such visits and on-site observations as an eXperienced and qualified designPROFESSION~L. PROFESSIONAL will keep OWNER informed of the progress of the Work and '.-lil.l endeavor to guard OWNER against defect"sand deficiencies in. .theWork. Project: Representation: 9.3. If OWNER and PRO,FESSIONAL agree, PROFESSIONAL '.-lill furnish a Resident Project Representative. to assist PROFESSIONAL. i!l. obse=-.,ing . the performance of the Work. The duti~s, responsibilities andl'iinitations of authority of any such Resident Project Representative .and assistants will ~e 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 li~tationsof aut:hcrity.ofsuch' ocher person will be as provided in the Supplementary Conditions. . C.la~i:ficat:ions arid In1=ezpreta-tions: . 9.~4. PROFESSIONAL . shali . iss.ue. such written . clarifications or interpretations: of the con..tract. Documents (in the fOrmaf Drawings or otherwise) as may be' deter~nednecessa.ry, .or. as reasonably requested by CONTRACTOR, which shall be. consist:ept with or reasonabl v' inferabl.e from the overall intent . of.. the Corit:.ract Doctimeilt"s. . If CONTRACTOR belie'jesthat a written clarificatipn.and interpretationeI).ti.t1.es it. to an increase in the .corit.ract Price, and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. ,.Authl:)rizedVariations in Work: . . 9.5. PROFESSIONAL may..authorize .minor .variationsin the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract" Price or th~cont:~aci Time. and are consi~tent with chedverall intent of the Contract'.Documents. 'These mi3.Y be accomplished by a, field .order and.will:b<:= binding on..oWNER, and also on CONTRACTOR. who shall perform the Work involved . .. . . piomptty. If. CONTRACTOR. believes. that a. Field .Order justifies. an increase in the Contract Price or an extens.ion of the Contrac~ Time. and the pa.rties are unable to agree as to the amcu'i1t.:.or."extent thereof; .CONTRACTORmay' make a claim ~herefor a~ pro~ided in Arti~1~11 or 12. Reject:ing Defect:ive Work: . . 9; 6. PROFESSIONAL will h:~veauthori ty tod.isapprove or reject Work which PROFESSIONAL believes to be defective, and will.also have authoriev to require special inspection or ~~sting of th~ Work as provided in parag~aph 13.9, whether or not the 'Nork is.. fabrj;cated, installed or compl.e1:.ed.. Shop Drawings, Change Orders and Payment:s: 9.7. In connection with PROFESSIONAL's responsibility for. Shop Drawings and samples, see paragraphs6.23,.tnrough 6.29 inclusive. ZEL AUGUSTA UTIUTlES GEN CON. dOc 27 I I I 9.8. In connection with PROFESSIONAL's responsibilities. as to Change Orders, see ..zlxticles 10,. 11 and 12.. I 9.9. In connectio-n fAith. 'PP.OF:':SSIONAL' 5 responsib~lit~es in respe<:t s': Applications for Payment, etc.; see Article 14. I Det:el:m.iriat:ions for Unit: Prices: 1 9.10. PROFESSIONAL wilt' determine the actual. quantities and classifications of Unit Price Work perfor.med by CONTRACTOR. PROFESSIONAL will re'.riew. with CONTRACTOR PROFESSIONAL I S preliminary determinations on such. matters before rendering a whiten decision thereon (by recommendation of an ,Zl.pplication for. Payment or other'.-lise). ?ROFESSIONAL's .',,{ritten. deci.sions. thereon will be final and binding. upon OWNER and CONTRACTOR, unless, within ten, dais, after the date. .ofany such decision, either OWNER <Jr. CONTRACTOR .deIiversto the other party to. the .~greement .andto PROFESSIONAL whiten not:.ice of intentiOn.to appeal from such a decision. I I Decisions on Disput:es: I 9.11. PROFESSIONAL will. be the initial interpreter of the requiremenr.s of the Contr.act Docl,l;ffieni:.S and judge of the. acceptabil~tyof the Work thereunder.. Claims, disputes and other matters relating .to the acceptability of the Work or the interpretation of the requirements of .the. Con':rac-:. Documents pertaining to the pe~form~nce and furnishing of the Work and claims under Articles lland 12. inrespect.of changes. m the Contract. Price or Ccntract:.; Time Will be referred inir.ially to PROFESSIONAL in writing with a request. for a. formal .decision in accordance wi th this. paragraph, which PROFESSIONAL will render in ',,{ricing within a reasonable time; written notice of each 'such claim,. .dispute. and ot.hermatter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptlY (but in no event laterth'an thirty days after the. occurrence of the. event giving rise thereto, and written supporting data wi"ll. be. submitted to PROFESSIONAL and the other party within sixty days af.ter s.uc.h occurrence unl.ess PROFESSIONAL allows an additional'period of time to ascertain more accurate data in support:. of the claim. . I I 1 I I 9.12. When functioning as interpreter and judge.under paragraphs 9.':'0 and 9.11, PROFESSIONAL will not show. partiali ty to OWNER or CONTRACTOR and will not be liable in connection with any int:.erpretai:.ion or.decisionrendered in good faith in such capacity. The ,rendering ofa decision by PROFESSIONAL pursuant to pa~agraphs 9.10~nd9:1-.l with Lespect ~o .anysuch claim,dispute. or other matter (except any which have been waived by the ~king or acceptance of final payment as provided in paragraph 14,16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such.righi:.s or remedies as eit:.her may otherwise have under t~e Contract Documents or by Laws or Regulations in. .respect of any suchclaim,..disputt;! or other matter: Limi tat:ions on PROFESSIONAL's ResPonsib:iLi t:ies: I I 9.13. Neither PROFESSIONAL's.authority to act elsewhere in the Contract Documents, nor any decision exercise suchauthori ty. shall give rise to any duty PROfESSIONAL to CONTRACTOR, any Subcontractor, any employees. under this Article or made in good faich to ot responsibili r.y of of their agenes or I I ZEL AUGUSTA UllLmes GEN CON. dOc 28 I I I I .1 1 I I I I I I. I I I I I. I I I 9.14, PROFESSIONAL shall not be responsible for the construction.means, meehods, techniques, sequences, or procedures .or the safety precautions and programs used.. PROFESSJONAL. 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. ARTrCLE 10--CHANGES IN THE WORK 10.1. Witho.ut invalidatihg the Contract, OwNER ma.y at any time or fro.m time to.. time o.rder additions, ,deletions, o.r revisions in the Work. The Project Manager shall provide CONTRACTOR TNith a proposal reque.st, identifying the Work to be added, deleted or revised: . Upon receipt~ CONTRACTOR shall. promptly submit a written proposal~or the. changed work prepared in ac::ordance with ArtiCles 11 and 12. n the.proposal' request calls only for the deletion of Work, the proj ect Manager may. 'o.rder the' partial suspensio.n 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 . .Ait changed Work shall be executed under the .applicable. condi tio.ns of .theContract Documents. . 10.2. Additional Wo.rk. perfOrmed by CONTRACTOR without authoriza"Ci,on o.f a Change Order will no.t. entitLe CONTRAC;TOR to an increase in the Contract Price or an extension of the. Contract Time, .except inehe case of an emergency as provided. in. Article 7.. The efJ:ect of this paragraph shall remain paramoune ,and shall prevail irrespective of any confl~cting provisions contained in these Contract Do.cuments. 10.3. Upon agreement .as .,to changes in the Work to .be performed, Work perforn1edin an emergency as .p.rovided in Article 6, and .any othe.r 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 t"ne absence .of.,an agreement.as provided in 11.1.3, .oWNER may, at .its sole discretion issue a Work Directive Change. to CONTRACTOR. . Pricing of the .Work. Directive Change..will. be in, accordance .with Section 12.1. 3. The Work. Directive Change will speci:;::! a price, and if. applicable. a time extension,. determined to be reasonable by OWNER. If CONTRACTOR fails co sign such Work Directive Change, CONTRACTOR. may. submit a claim in accordance with Articlesl1 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. I f notice of any. change affecting the genera.l scope of the Wo.rk or the provisions of the Coneract Documents (including, but. no.t, 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 no.tice will be. CONTRACTOR's responsibili ty, and the amo.unt of each applicable Bond. will be adj usted accordingly. za AUGUSTA lITlLmES GEN CON. doc' 29 I I I I 1 I 1 -I I I I... I I I I I I I I ARTICLE II-CHANGE OF CONTRACT PRICE . . 11. 1. The Contract Price. consti tutes the total ..compensa tion (subj ect. 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 CONTRJl.CTOR's expense without change' in the Contract Price. . 11.2. The contract.Pric.emay only be changed by a Change Order.or bya Written Amendment. Any claim for an increase or decrease in theContrac~ Price shall be based on written notice delivered by ,the party making the claim to the other. party and to PROFES.SIONAL promptly. (but in no event l.ater than thirty days) after the occurrence of the event givirigrise to the claim and stating the general.' nature of the claim.. Noeice of the amount of the claim. wit-h. supporting data. shaLl. be delivered within sixty. days after such occurrence. . (unless .PROFES,sIONAL . allows. an additional. period of time :::0 ascertain .more accurate, data.insuppo~t of the claim' and shall be accompanied by claimant I s .t:'lritten statement that the amount claimed covers all known amounts (direct, indirect and consequential)"' to which the claimant. is entitled ;3.s a result of, the occurrence.of .said event. All claims .for adjustment in the Contract .Price shall. be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount, involve9-. No claim.for an adjustment in.the Contract ?rice will. be valid if not submitted in accordance 'Nitti. this paragraph 11. 2. . . 11. 3~' . The value '. of any Work cove~ed by a Change Order- or of any claim for an, adjustment in the Contract Price will' be determined by the following procedur,es: . . 11 ~ 3 .1. Designated Unit P1:'ice . (Field Measure } CONTRACTOR and OWNER recognize and acknowledge. that. the quantities shown for i:.hose items designated. :j..ri. the Bid Pr,oposal as u.nit price items are approximations prepared by OWNER for' bid purposes arldthai:..the .actual:compeqsation payable-to CONTRACTOR for. the utilization of such items is. based. upon the application of unit prices to the aci:.ual.quant.i ties of items involved as measured in the field g.ndrequired to complete.the Work asorigina11y defined in the Contract Documents. . . ." . . .11.3.2. When it is determined by OWNER that an. addition, deletion, or revision to ~he Work as defined in these Contract Documents. is required. and a.ffectsthe quantities.. required for items designed .in the Bid Proposal as unir. price 'items, CONTRACTOR h and OWNER .agree that the compensation payable to CONTRACTOR .for stich 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 noi:. designated.in the bid proposal as unit prices; OWNER and CONT.RACTOR 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. ;>roposal .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. ZEL AUGUSTA UTIUllES GEN CON. doc 30. I .1 I I I I I. I I I I I I I I I I I I 11.3.5. If the pricing rn.ethodsspecified in 11.3 are inapplicable, or if the parties are unable to~agree ona price for the changed work, a reasqnable pri<::e for the same shall. be established by OWNER. in accordi:mce wi.th 11.4 and 11.5. OWNER shall then process a unilateral Change Order; specifying the said reasonable price, in accordance '...i th 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 a'uthoriied dimensions within the specification tolerances. shall result in: reconstruction to acceptable tolerances. at no additionalcosts..to OWNER; acceptance at no. pay; or acceptance .at reduced finalpayquanticy or reduced unit price, all at th~ discretion, of OwNER.: Determinations of aggregate monetary change for items identified as lump sum quantities shall be. made by OWNER b?sed upon an analysis of the scope of CONTRACTOR's failure to construct .to plan or authorized dimensions. Cost: . or t:b.e 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 i.n '.....ri ting by OWNER, such costs shall .be in , amounts' no higher than those prevailing in the locality of the ?roject, shall include .onlythe following items and sh?ll not include any ,of the .costs iterriized'in paragraph .11.5: 11 ~4. 1.. Payroll. costs for' employees in the direct e!T1ploy of ~ONTRACTOR in the performance of the Work under. schedules of job c.lassifications. 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. t.o, salaries and wages plus .the cos"t: of fringe. benefits. which shall include social security contributions, unemployment., excise and payroll taxes, ,work.ers.' or workmen's compensation,.health and retirement.ben.efits, bonuses,. sick leave, vacation . and . .holiday pay ap~li:::able. thereto. Such employees. shall include superiritendemts 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 a'uthorized by OWNER. . . 11.4.2. Cost of all. materials, and equipment. furnished and incorporated in the Work, including coses. of transportation and. storage thereof, and Suppliers' field services required in connection therewith. .~l cash discounr.s . shall accrue to CONTRACTOR unless OWNER. deposi ts funds wi th CONTRACTOR wi th . which to make payments,. in which case the cash discounts shall accrue to OWNER.. Tra.de discounts, rebates and., refunds and all returns from sale .of surplus materials and equipment shall. accrue to OWNER, and CONTRACTOR shall mak~pr.ovi:Sions so that ehey maybe obtained. 11.4.3. Payments. made by CONTRAC,!,OR to the Subcontractors for Work performed by Subcontractors'. I f required. by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors, acceptable to CONTRACTOR and shall deliver such. bids to OWNER who then. determine, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be .paidon 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. ZEL AUGuSTA ununES.GEN CON.doc: 31 I I I 11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing laboratories, . surveyors, attorneys and accountants) employed for services specifically related to the Work. I 11.4.5. Supplemental costs including the following: I 11.4.5. :!.. The. proportion of subsistence .expenses of CONTRACTOR's connected with the Work. necessary. transportation,. travel ..and employees incurred in discharge of duties I . .11.4.5.2. Cost, including transportation and m,aintenance, of all materials, supplies, equipment, machinery,. appliances, offic.e and temporary facilities at the site and hand tools not owned by the '.-l.orkers, which are: consumed in the performance of the .work, and cost less markei:. value of such items used but .not consumed. Which remain the property of CONTRACTOR. . 11."4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with _rental agreements approved by OWNER with the advice of. 1 I . PROFESSIONAL, and the costs of transpor':ation, -loading, . unloading, installation, dismantling !'ind removal .thereof---allin accordance with terms. . of said.. rental. agreements.. The .-rental of any .such. equiprnent,machinery or parts shall cease when the use-:thereof is no.longer necessary for the Work. I I 11.4.5.4. Sales, consume!:', use or similar taxes ;-.elatedto the Work, and fo!; which CONTRACT(JR is liable., imposed by Laws and Regula tions . . I 11.4.5.5.. Deposits lost -for c:auses other than negligence of CONTRACTOR, any .Subcontractor or anyone directly or indirec':ly e.T!lployed by any of them or for whose -acts any of them may be .liable, and royalty payments and fees for perini ts and licenses. . I. . 11..4 . 5 . 6. Losses. and damages. (and reI a ted expenses),. .not compensated by .insuran,ce or otherwise, to the Work or otherwise suseained by CONTRACTOR in connection with the performance a.ndfurnJ.shing of chi: Work. (except lO,sses and damages within .the. deductible amounts of property insurance established by OWNER in accorciance with par.agraph 5.6). pro\(ided. ,they nave. resulted from causes other than. the negligence or- CONTRACTOR, any Subccntrac':ot, or an.yone dir~ctly or indirectly emp_Ioyed 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 s.uch losses, damages and .expenses shall be included in the Cost of the We.rk for the purpose -of determining CONTRACTOR r s Fee. r"f, however, any such loss .or damage requires reconstructiori and CONTRACTOR is placed in charge t.hereof, . CONTRACTOR shall be paid for services a fee proportionate to that stated iriparagraph 11.6.2. I I 1 .11.4.5.7. The cost.of utilities; fuel. and sanitary facilities at the I site. I . 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service. at the site, expressage and similar petty cash items in connection the Work. I ZEL AUGUSTA unUTIES GEN CON. doc 32 I I I I I I I I I .1 I I I I I I I 1 I I 11.4.S.9. Cost of premiums for additional Bonds and insurance. required because of changes in the Work and premiums. of prope.rq' 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 ocher compensation of CONTRACTOR's officers, executives, principals (of .partnership and sole. proprietorships) ,general .managers,PROFESSIONALs; architects, estimators, attorneys; .auditors, accoun- tants, 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 fo.r general administration of .the Work and not. specifically included in the ag.reed upon schedu1.e of job classificacions referred ~o in paragraph 11. 4 .l.orspecifically .covered by paragraph . .11.4 .4--all of. which are . t.o be considered aclffiinistra.ti veco~ts 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 .interesc on CONTRACTOR'S capital used far tl1e Change Order. Work and cl1arges against CONTRACTOR ~or delinquent payments. .i1. 5..4. . Cost of premiums. for ail 8bnds and for all insurance whether or not CONTRACTOR is required by the. Contract Documents co purchase and maintain the same .(exceptfor the cost of premiums covered by. subparagrarhll. 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 li~ble,. including but not limited: to, the correction.of defective'Work, disposal of materials or equipment wrongly supplied and making good any d~age to property. 11.5.6. ather. overhead or general expense costs. of any kind and the costs of any item not specifically and expressly inciuded in paragraph 11.4, CONTRACTOR's Fee: 11..6. . CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profi:: shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or if none can be agreed ~pon, 1.1..6.2. a. fee. based . on the portions or' the Cost of the Work: following percentages - . of the various 11.6.2.1. for,costsincu.r.red. under paragraphs .11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent: ZEL AUGUSTA lJ1lUTIeS GEN CON.doc 33 I I I. I I I .1 I I I I I I I I I I I I 11.6.2.2. for costs.incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if.a subcont=act is on the basis of Cost of the Work '"Plus ~,.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 par~graphs p.4.4, 1L4~5 and 11.3: .11.6; 2. <1. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which. resul ts in a net decrease in cost '.-lill be the amo.unt of the actual net decrease plus a deduction in CONTRACTOR's Fee. by. anp amount equal to.ten percent of the net decrease: and. 11.6~2.5. when both additions and credits are involved in anyone change,. the adjustment. .in CONTRACTOR I S Fee shall be computed on, the ba?is of the net change in accordance wi th. paragraphs. 11.6.2.1 through 11.6.2,4, inclusive. . .n.7.. Fot-all changes, CONTRJ\CTOR shall =1ubritit an: itemized cost breakdown, togeth~r with supporting data :insuch detail and form as prescribed by the .project Manager. Whena.c.redit 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 andctedits are involved in any change, the combined overhead ,and profit. shall be calculated en the basis of the next change, whetheran,.inc.re'a.se or decrease. In any eveni:., the minimum detail shall .be an itemi~ation of .all man-hours required by .discipline/trade with the unit. cost per man-ho.ur and total labor price, labor burden, equipment hours and rate.for each piece of equipment, materi,al by units of measure and price per unit, o.ther costs specifically itemized, plus the overhead and profit, markup. Cash Allowances: 11.8. It is understood tha,: CONTRACTOR has included in ':he 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 ana =or sucn 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 ~llowances to be deliveredaeihe site, and all applicable taxes; and .~" . - -', . - '.'~ '/.Yi.: ..2.. CONTRACTOR 's. costs for unloading and handling on the site, labo.r;;"jf.~. ,_,.i:.:allation casi:.s, overhead, profit and other expenses contemplated. for. 'the "~ilowances 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 .recommended by PROFESSIONAL. ,to. reflect 'account of Work covered by allowances, correspondingly adjusted. Change Order will be is.sued actual amounts due CONTRACTOR and the Contract Price shall as on be ZEL AUGUSTA ununES GEN CON.doc 34 1 I I Uni. t Price Work: I .11.9.1. Where the Contract. Documents provide that all or part of the Work is to .be Unit Price Work,ini tially the Contract Price '-iill be deemed to. include for.all Unit P!:'ice Work an amount equal to the sumcif.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 quan~ities of items of Unit Price Work are not guaranteed and are solely for the.. purpose of comparison of _ Sidsand determining an initial Contract Price. Determinationsof.the actual quantities and classifications. of.Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL." .in. accordance with Paragraph 9.10. I I I 11..9.2. .Each unit. price '.-lill be deemed to include an amount considered by CONTRACTOR i:.O be adequate.to.cover CONTRACTOR's overhead .and profit for eac~ separately identified it~m. I 1L.9.3. Where the quantity of any iterito~)JE;it Price W~rk pe.J;formed by CONTRACTOR differs materially and signifi<:aritJ,y~;~f~9Jn~::heestimated quantity of such item indicated. in the Agreement and ,there'.f~'f~~~~coiresponding adjustment with respect to any. other'item. of Work and.. {{.,. CONTRAC~OR believes that CONTRACTORhas incurred additiorialexpense as. a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable. to agree as to the amount of any such increase. I I . '. . ARTICLE h12--CHANGE OF CONTRACT TIME I 12: 1. The Contract.. Time mayorily 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 seve~ (7) calendar days . of the occurrence firsi:. .happeni~g and .resulting in the claim, Written supporting data will be sub~tted to PROFESSIONAL.a~d Project Manager within fifteen (IS) calendar days after such occurrence unless' "the. Project Manager allows additional time. A:.q. ~laims submitted by CON.TRACTOR for adjustments to. the Contract Time must set .fort~"1.i:1. detai.l the reasons for and causes of. the delay and clearly indicate.why the subject delay was beyond CONTRACTOR's control or fault. I I I 12.2. If CONT~CTORi~.de1ayed at any t,ime in the performance, progress, cormnencement, or completion. of t:ie Work by any act or neglect of OWNER or PROFESS IONA,L, or by an employee of either, or by an'y separate CONTRACTOR. employed by OWNER, or by changesordered.in the Work, or by labor disputes, fire, unavoidable casualties, utility ~onflicts which could not have been identified.or foreseen byCONTAACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by. Change or~er for such reasonable t.ime 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 mayctetermine to be due solely to such causes and only to the extenesuch occurrences actually delay the c;ompletion of the Work and t.hen only. if CONTRACTOR shall. have strictly complied with all the requirements of. the Contract Documents: Provided, however, not'Nithstanding anything in the Contract Documents to the contrary, no .ineerruption, interference, .inefficiency, suspension or delay in the performance, progFess, cormnencement or completion. of the Work for any cause whatsoever, including those for which OWNER or !?ROFESSIONAL may be responsible in. whole or in part, .1 I I I za AUGUSTA lJTlUTlES GEN CON,doc 35 I I I I I I I .1 I I I .1 .1 I I 1 I I I I 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 asp~ct of the Work shall be .the right .to seek an extension to the Contract Ttme in accordance with the procedures set .forth herein. ARTICLE 13--WARRANTY AND .GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warrant:yand Guarantee: 13.1. CONTRACTOR warrants. and .gu'arantees to OWNER that all. materials and equipment will be newunl.ess otherwise specified. and that all work will be of good quality, performed in a workmanlike manner, free from faults or de.fects ,and in accordance wi ththe. requirements of che Coni:.r.act 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, correc~ed,.oi accepted as previded.in this Article. Access to . Work : . 13.2.., For the duration, .of the Work, PROFESSIONAL and its . representativ:es, other designated representatives .of OWNER, and authorized represeneatives of any.regulatory agency shall at all times be given access to the Work: CONTRACTOR shali provide. proper facilities for such access and . . observation of the Work and. also. :Ear any inspection or testing by ochers. .TeSt:s and Inspect:ions: . 1.3 ~ 3. If the Contract Documents, laws, ordinanc~.s,. rules, regulations or orders of any public authority having jurisdiction . require. any Work to specifically be inspected, tested, or approved by someone ocher than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL. timely nCi:.ice of readiness therefore. . 13.4. Thetestingfirm(s) (if assigned by. OWNER to t.his Work) and.all such inspections, tests, or approvals provided fqr by OWNER shall be identified .in writing by PROFESSIONAL to CONTRACTOR. ..Ul other inspec1:ions, tests. or approvals shall be at CONTRACTOR's expense including additional expenses ~or inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess. of 40 hours per week. For all required inspections,. tests, and approvals on any Work prepared., performed, or. assembled away from the site, CONTRACTORwili furnish 'PROFESSIONALwith the required Certificates of. Inspection, testing, or. appro'val. All such tests will be in accordance with the methods prescribed by the American Society for Testing an.d Materials or such 'other applicable organizations as may be required by law or the Contrac.t Documents. Materials o.r. Work in place that fail to pass. ae<::eptabillty tests shall be reteste'd at the direction of ?ROFESSIONAL and at CONTRACTOR's expense. za AUGUSTA ununes GEN CON.doc 36 I I I 1 I I I I I I I 1 I I I I I I I 13 ~ 5.. . All inspections,. tests or approvals otl1er 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). 13.0. 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 ?ROEESS:ONAL, . be. uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given .PROFESS!ONAL timely notice of CONTPJI,CTOR' s .intention to cover the same .and PROFESSIONAL has not aCL.ed with reasonable promptness in ~e~pon~e.t6 such notice. 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by. persons other than CONTRACTOR shall .. relieve C:ONTRACTOR of its obligations. to perform the Work .in accordance with the requirements of the ConL.ract' Documents... . Uncoveririg.Work: 13.8. If any Work. required. to .be. inspected,. tested or approved is covered .prior thereto without the prior writi:.en. approval o{PROFESSIONAL, or if any Work is covered contrary to the reques,: of PROFESSIONAL, the Work shall,..if requested.by PROFESSIONAL, be uncovered for observation, inspeci:.ion, testing or approval and repl~ced .at CONTRACTOR's expense. . 13.9. If.PROFESSIONAL considers.it.necessary or advisable that covered Work be observed by PRQFESSIONALor 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 q'uestion, furnishing.al.l necessary labor, mai:.erial and. equipinent. . If it is found. that such Work i.s ,defective, CONTRACTOR shall bear all direct,. and consequential COSi:.S of such uncovering, exposure, observation, "inspection and testing and of .satisfactory reconstruction~(including but not . limited to fees and charges. of PROFESSIONALs; architects, . attorneys and other. . PROFESSIONALs) , and OWNER shall: be entitled to an appropriate decrease in the Contract Price, and, if the parL.ies are unable. to agree as to the amount thereof, may make a claim therefor as provided in _';'rticle .11. If, however, such Work . is not found. to be defective, CONTRACTOR sha],l be .allowed an increase in the Contract !?ri.ce,:: or an extension of the Contr.act Tlme, or boeh; directly at.tributable to such uncovering, . exp.osure, observation, insoection, testing and. reconst;uction; .2111d, if :.the parties are unable to agree a~ to' the amount or extent thereof, CONTRACTOR: may make a claim ther?for as provided in Articles.l~ and 12. . oWner May st:op 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 o"ocuments,.. 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 ZEl. AUGUSTA UTIUTlES GEN CON. doc 37 I I t. I increase in the Contract Price or Contract Time or other damages for a sto!J work order under this paragrapl:1. I Correct:ion or RemovaL of Defect:i ve Work: I 13.11. When direc_ted by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as. s.pecified by PROFESSIONAL, either correct the. defective Work whether fabricai:.ed, installed,. or.completed, or remove it from the site and replace it with .non, .defectiveWork. If CONTRACTOR does not . correct..such defective Work or remove and replace such defectiVe Work within a reasonable time, all as specified in a 'N"ritten notice from PROFESSIONAL, OWNEP. may. .have the deficiency corrected. All .direct and indirect .costs of such correction . shall be. paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting.or removing and replacing all Work of others destroyed or damaged 'oy the correction, removal, or. replacement .of:the defective Work. I I I . One Year Correction Period: 1 13.12. If, after approval of final payment and prior to the eXpiration o.f one year after the dai:.e of subs.tantial completion or such .longer period of time as may be prescribed by law or by the. terms of any applicable special .g).larantee required by the Contract.. Doc'..J.ITlents, any Work or materials are. found to be defective, incomplete, or. otherwise not in accordance '.-lit~ the Contract Documents,. CONTRACTOR shall promptly,. without cO:5.t to. OWNER and in.accordance with.OWNER' swritten instructions, either correct. such defeci:.ive Work, or if it has been rejected by OWNER; remove it .fromthe.Site a.nd replace:.ie with non"':defective Work. If CONTRACTOR does not promptly comply 'N"itl1 the terms of such.instructions, OWNER may have the defective Work corrected,. removed, or repla:c~d. All direct~indirece ...an<:i consequi:!ntial COS1:.S of -such removal and replacement (including but not limited to. fees andcharge.s of engine'ers, archite<::ts, attorneys and other PROFESSIONALs) will be paid by CONTRACTOR. I I .1 Acceptance pf Defect:i V8 . Work: I 13.13.. If, instead of. requiring correction or removal and replacement of defective Work, OWNER. (and, prior to PROFESSIONAL's recommendai:.ion of final payment, also PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, iridirect. and consequential .COS1:.S al:.t.ribl,ltable to . OWNER's evaluation. of and determination .to accept such defective Wo'rk (suc~ cos~:5 to be approved by PROFESSIONAL as to reasonableness and r.o 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 recommendat~on of. final payment, a Change Order will.be issued incorporating .the necessary revisions in the Coneract Documents with respect to the Work and OWNER shall be entitled to an appropriate. decrease in the Contract Price, and, if the panics are unable to agree as to the amount.the.!:'eof.OWN:ERmay make a claim therefor as provided in Article 11.. If the acceptancie occ~rs after sucl1 recommendation, an appropriate .amount will be paid by- CON':'R..n..CTOR to OWNER. I I I I I ZEL AUGUSTA ununES GEN CON.dOc 38 I I I I 1 I I I I I I I I I I I I 1 I I OffNER May Correct: Defect:i"tn3 Work: . 13.14. If CONTRACTOR fails '.-lithin a reasonable t.ime after. written notice of PROFESSIONAL to proceed to correct and to correc~ defective Work or to remove and replac'e rej ected Work a.s iequiredby PROFESSIONAL in accordance with paragraph 13.11, or ifCON'rRACTOR fail$ to perform the Work in accordance with the Contract Documents, .or if CONTRACTOR falls to 'comply '.-lith 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 possess~on of all or part of.' the. Work,. and suspend CONTR}l.CTOR' sservices' reli3.tec:L thereto,. take possession of CONTRACTOR's tools, appliances, construction equipment and.. machinery at th'e site arid incorporate in the Work . all materials and eqUipment stored at the. si te or for which. OWNER has paid CONTRACTOR.. but which are stored. e.lsewhere: CONTRACTOR shall allow OWNER, OWNER's representatives, .agents and,employees such acces.s to the site as may be necessary to enable.OWNER.t9.exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies wil;L be ch,arged against. CONTRJl.CTOR in an amount approved. as to reasonableness. by .PROFESSIONAL, and a Change Order will be issued incorporating the necessary revi~ions in. the Contract Documents with respect.. to the Work, and OWNER shall be .entitled to an appropriate decrease in the Contract Price,ahd,. if. the parties are unable to. .agree as to ~he. amount thereof, OWNER may make a ,claim. therefor as provided in .u..nicl'e. .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 detective Work. CONTRA~TOR. shall riot-be.aliowed an extension of the Contract Time because of any deJ::a:yin performance of the. Work attributable to the exercise by OWNER of .OWNER's rights and remedies hereunder.. NegLect:ed Work by CONT'RAC:rOR. 13.15.. If CONTRACTOR neglects to execute the Work.inaccordance with . the Contract Documents, including any requirements of ~heprogress.schedule, . PROFESSIONAL may direct CONTRACTOR to submit a recovery.plan and take specific corrective act~ons . inCluding,. but, not.. Emi ted to, employing additional workmen, and/or equipment,. and. working extended hours and acditional days, all . at. no. cost to OWNER in order to 'PUi:. theWo.rk back on schedule., If CONTRACTOR fails to correct the deficie~cy or.take appropriate corrective action, OWNER .may terminate the coneract 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 CON'l'RACTOR. A Change .Order shall be issued incorporating the necessary revisions .inthe Contract Doclli"rterits, including an appropriate reduction in the .Contract Pric.e.. If the payments due CONTRACTOR are not.sufficien~ ~ocover such amount, CONTRACTOR shall pay r.hedifference to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the. schedule, all costs to OWNER of associai:.ed inspecr.ion,: construction management and resident PROFESSIONALs shal+ be identified to CONTRACTOR and the Co~tract Price reduced by a like amount via Change Order. ZEL AUGUSTA UTILIT1ES GEN CON.doc 39 I I I I I 1 I I I I 1 I I I I I I I I ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Scl:1ed:ul.e 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: Pr09ress 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 subrrq.t.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 ..isrequested.on the basis of materials and equipment not incorporated.In the'ilork 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 '.-larranting. 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 OWNERts interest therein, all of which will be.satisfacr.ory .co OWNER. Payment is subject to ateripercent(10%) retainage that will be held until the final payment or acceptance by OWNER. The" amount of.. retainage 'l'ii t.h respect to .progress payments will be as stipulated. in the .Agreement. . CONTRACTOR's Warranty of Tit:Le: ... .14.3... CONTRACTOR . warrants. and ~guarantees . that . title to. all Work, materials. and equipment cove.red. by any Application for Payment ,whether incorporated in the Project or not,. will pass to OWNER no later than the time .of payment free and clear of all .Liens. . RerleW'of App~icat:ic;nsfor progre;'spaymsn"t: 14.4. P?-OFESSIONAL '.-lill, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writi.ng a recommendation of payment and present the application to OWNER,. or return the. CiPplication to CONTRACTOR. indic.ating in writing.. PROFESSIONAL's reasons for refusing to recommend payment : In. . the latter case, CONTRACTOR. may make the necessary .corrections and resubmit the application. OWNER shall, wi thin thirty-one calendar days of presentation ~ to him of .the appli.cation for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL I s. recommendation of any payment requested in an Appl~cation for Pay~~~t will constitute a representation by PROFESSIONAL to OWNER, based on PR~~~~SIONAL'S on-si~e observations of the Work in progress as an experien.ced andq1.lalified design PROFESSIONAL and on PROFESSIONAL I S review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point ind~cated; that, to the .best of PROF- ESSIONAL's knowledge,. information and belief, t.he quality' o"f the Work is in ZEl AUGUSTA UTlunES GEN CON.doc 40 I I 1 "I 'I I I I 1---- I 1-- I I I I I I I I accordance with the Contract DocUments subject to an evaluation of the Work as a functianing whole orior to. or upon Substantial Completion,'. to. the results of any. subsequent tests. called. for in the .Contract . Dacuments,. to. a final detei:mination of quantities and classificat-ians 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 ehereby be deemed to. have represented that exhaustive or cantinuous 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 thai:. there may not be other matters or issues between the parties tha.tmi.ght entitle CONTRACTOR to be paid addi tional:ly by OWNER or OWNER co withhold payment to. CONTRACTOR. 14..6. .. PROFESSIONAL 's recommendation 0 f additional.representation. by PROFESSIONAL precedene to CONTRACTOR's being entitled to "Hparagraph 14.13 have been fulfilled. final payrrient will consti tute an to OWN.ER. that the condi tions final paymem:. as. set. fort:h in 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, ar, because of subsequently discovered evidence or.the. results of subsequent. inspections. or tests, nullify any such pay-ment previously recommended, .to such ext:ent.as may be. l1ecessary in PROFESSIONAL's opinion to pro~ect OWNER from loss because: 14..7.1.-. the Work is defective, or compl.eted Wor~ has been damaged .requiring correc.tion or .replacemeni:... 14.7.2. Change.. Order. the Contract Price has been reduced by Written .ZlJnendrrtent or .14.7.3. OWNER has been . required to .co.rrect defective Work or complete Work in accordance with. paragraph 13.14. oi 14.7.4. of PROFESSIONAL's actual knowledge of the accurrence of any.af the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. ;OWNER-may refuse to. make paYIl\el1t of. the full amount.. recorcunended by PROFESSIONAL because claims. have. been made against OWNER .on ac;::ount af 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-aff against the amount. recommended,. bu.t OWNER must give CONTR.~CTOR. immediate written notice (with. a copy. to .PROFESSIONAL) stating the reasons for such action. Substant:iaL C~Let:ion: 14.8. When CONTRACTOR considers the entire Work ready for its ineended use.CONTRACTOR shall no.tify OWNER and PROFESSIONAL in writing that the encire Work is substantially complete (except for. items specifically listed qy 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. I f PROFESSIONAL does not consider the Work substantially za AUGUSTA UTlLmES GEN CON.doc 41 I I I 1 I I I I I I I 1 I I I I I I I complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. . If PROFESSION1U.COnsiders the Work substantially complete,. PROFESSIONAL will prepare and deliver to OWNER a.tentativecertificate of Substantial Completion which shall fix the date of Substantial Completion. There shall. be attached t~..thecertificate a tentative list of items to be completed or corrected b~fore 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 four~een days after submission of the tentaeivece:rtificate 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 ex~s:ute, and delive~. to OWNER and.CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the .tentative certificate as PROFESSIONAL. believes justified after consideration of . any . .objections from OWNER. .At the time of delive!:'y .of the. tentative certificate of Substantial .Completion PROrESSIONAL '",ill delive!:' 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 othe!:'wise in writing and so inform . PROFESSIONAL p.rior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion,. PROFESSIONAL's aforesaid recommendation will be bindingon.OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRF.CTOR f!:'om the Work after the. date of Substantial Completion, but OWNER shall .allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Part:iaL ut:iiization: . 14.10 '. Use by. OWNER. at. OWNER' soption. of any substantially complei:.ed ~art of the Work which (~) has sp~cifically been ideni:.ifiedih tHe Contract Documents, or (ii)' OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning andusabl:e part of the Work that can be used by OWNER for it.s intended purpose.without significant interfe!:'ence wir.h CONTRACTOR's performance of the. remainder. of. the Work,. may. be accomplished prior .to Substantial Completion of all the Work subject to the :ollowing; 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 PROFSSSIONAL that said part. of the Work is substantially complete arid. 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.ineended use and substaneially complete and request. PROFESSIONAL to issue a certificate of Substantial Completion for thae part of the Work. Within.a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL -shall..make an inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider thae 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 0 (the Work to 'be. substantially complete,. the provisions of ZEL AUGUSTA UllLmES GEN CON.doc. 42 I I I I I I I I I I I I I I. I I I I I paragraphs 14.8 and 14.9 will apply with respect Substantial Completion of that part of the Work responsib~lity in respect thereof and access thereto. certification the division to and of of 14.10.2. OWNER may at any time reque~t CONTRACTOR .in writing' to permit OWNER to take over operation of any such part of the Work although it .is not substantially complete. .A copy. of such request will be sent to PROFESSIONAL and within a .reasonable time thereafter OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items. remaining to be completed or corrected. thereon before final payment.. If CONTRACTOR does. not object in writ- . ing' 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 correc,tedand.. will deliver such list to. OWNER and CONTRACTOR together with a written recommehdation as to the di'/ision of responsibilities pending final payment between OwNER and ,CONTRACTOR with respect to security, . operation, safety, maintenance, . utilities, ins-:':rance,. warranties and guarantees for that part of the. wodc which will become binding upon OWNER and. CONTRACTOR at the time when OWNE~ takes over such operation (Unless they shall have otherwise agreed in writing arid so informed PROFESSIONAL). During such operation and prior to Substantial.completion of such part of the Work, OWNER 9hall .allow CONTRACTOR. reasonable access to c:omplete or correct i terns on said list and to complete other :ielated Work. .1~. 10.3. No. occupancy.or separate operation cf. part of the Work will be accomplished prior ':0 compliance with the requirements of paragraph 5.15 in respect of property insurance. 14.10.4. OWNER,. may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Fina.lInspect:ion: 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 inspect.ion reveals that: the Work is incomplete or defect:ive. CONTRACTOR. shall. immediately take such measures as are ne.cessary to remedy. such deficiencies . Fina.lAppLicat:ion for Payment:: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance wii:.h the Contract Documents all maintenanc,e ..and . operating ins,:ruci:.ions,. schedules, guarantees; bonds, ceiti~icates or other evidence of insurance required by 5.2., certificates of inspect'ion,marked-~up record document:s and other documents, CONTRACTOR may. make application for final payment following the procedure. for progress payments. The fihal Application for Payment shall be accompanied (except as previo.usly delivered) by: (i) all documentation called for in the Contract Documents, including but noi:. 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 wieh the Work. In lieu of such releases or waivers of liens and as approved by County, ZEl AUGUSTA UlTUTIES GEN CON. doc 43 I I I 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 equipmeni:. f0r which a lien could be filed, and (ii) all payrolls, material and equipment bills and ocher 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 orrecelpt in full, CONTRACTOR may furnish a bond or other c911ateral satisfactory to OWNER to indemnify OWNER .against any lien. 14.12.1. No application for final payment will be. accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. 1 I I I 14.12..2. N6twithsta~ding any other provision ;f these contract documents to the cont:rary, OWNER and PROFESSIONAL are under no duty or obligation. 'rlhatsoever 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.. Suc~ 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 projec~. I I 14.12.3. General. Indemni ty:. CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any dam~ges sustained including lost profits resulting from CONTRACTOR's. failure or refusal to. perform. the work required by these contract doc.uments. I FinaL Payment: and Acceptance: I 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 complei:.edand 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 pa:nnent. At the same. time PROFESSIONAL will .also give written notice to OWNER and CONTRACTOR that the work is acceptable subj ect to. the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons fox refusing to recommend final payment, in which case CONTRACTOR shall make the ne~essary corrections and resubmit the Application. After. the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTR~CTOR. I I I I I 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 ApplicatJ.on for Payment and recommendation of PROFESSIONAL, and without terminacing. the Agreemenc, make payment of. the balance due for that pprtion 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 I I za AUGUSTA UllUTIES GEN CON. doc 44 I I I I surety to the payment of the balance due for t!1at portion of the rNork fully completed.and accepted shall be submitted. by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment,. except that it shall not constitute a waiver of claims. I .1 CONTRACTOR's Cont:inuing ObLigation: I 14.15. CONTRACTOR I s obligat.ion to perform and complete the Work in accordance with the Contract Documents shall be.. absolute. Neither recommendation of any . progress or final paYment by PROFESS.IONAL, nor the issuance of a. certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use. or .occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample subinission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13. .nor any correction of ~efective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR I s obligation to perform the Work in accordance with the. Contract Documents (except as provided in paragraph 14.16) . I I I Wai V9r or CLaims: 14.16. The making and ~~ceptance of final paymenc will constitute: I 14.16.1. A waiver of all claims by OWNER againsc CONTRACTOR, except claims arising from unsettled. liens, from defective Work appearing after final inspection pursuant to .14.11 from failure toccmpl:,: 'l'ii eh . the Contrac'.:. Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's. continuing obligations under. the Contract Documeni:.s; and I I 14.16.2. A waiver of all. claims by CONTRACTOR agai:ls1: OWNER other than those previously made in wri.ting and still unsettled. ARTICLE .1S--SUSPENSION OF WORK AND TERMINATION I OWner May SusPend Work: I 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 dace on which Work will be resumed. CONTRACTOR shall resume the Work on the dace 50 fixed. CONTRACTOR shall be allowed an adjustment ~n the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12~ I I I I ZEL AUGUSTAUTILmES GEN CON.doc 45 I I I I I I I I I I I I I I I I I I I I Ter.mination For Cause: 15.2. Upon the occurrence of any one or more of che 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'Jr: hereafter irJ effect, or if CONTRACTOR takes any equivalent:. or similar aCi:.ion by filing a petition. or otherwise under any oi:.her federal or. state law in effect at such time relating to the bankruptcy ~r insolvency; IS.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 equivaleni:. or similar rel~ef againsr. CONTRACTOR under any other. federal or state law in effect at the tirrierelating 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 .agenc of, CONTRACTOR is appointed under applicable law or under contrac-r., whose accointment or authority to take charge of property of CONTRACTOR is for th~ purpose of enforcing a Lien against such property or for the. purpose of general administration of such prope~ty for the benefit of CONTRACTOR's creditors; 15.2.S. if CONTRACTOR aclIriits in writing an irJ.ability to pay its debts generally, as they become due; 1S.2.6. if CONTRACTOR fails ~o perform the Work in ac=ordance wir.h ':he Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials .or equipment. or failure to adhere to the progress s<;:hedule established under paragraph 2.9 as revised from time to time) ; 1S.2.7. if CONTRACTOR disregards Laws or Regulations .of any public body having jurisdiction; 15.2..S. if CONTRACTOR di.sregards .the authority of PROfESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any: substantial way any provisions of the Contract Documents,. OWNER may, after giving CONTRACTOR (and the surety, if there be o.ne) seven days' written notice and to. the extent permitted. by Laws and Regulations, terminate the services of CONTPACTOR, 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 fort.tespass or conversion), incorporate in the Work all materials and .'equipment st.ored at the site or for:. '.-.1hich 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. za AUGUSTA ununes GEN CON. doc 46 I I I Such costs incurred by (JWNER will be approved as to reasonableness by PROFESSIONAL and incorporated .in a Change Order, but ';"hen exercising any rights or remedies under this paragraph O~~R shall not-be required to obtain the lowest price for the Work performed. I I IS. 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. I 1"ez:minat:ion for Convenience I 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and wiehout prejudice to any other right or remedy of OWNER, elect. to terminate che Contract. In such. case, CONTRACTOR shall be paid (withou~duplication of any items) : I 15.4.1. For completed and acceptable Work execu~ed in accordance with the Contract Documents prior to the' effective date of termina~ion, including fair and reasonable sums for overhead and profit on such Work; . I 15.4.2. For expenses sustained prior to the effective date of termination in. performing se~vices 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; I 15.4.3: For d" claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppiiers and others; and 1 15.4.4. For reasonable expenses directly attributable. to termination. I CONTRACTOR shall not be paid on account of .loss .of an~icipated profits or revenue or other economic loss. .arising . out of or resulting from such termination. I .15.5. Where CONTRACTOR.' s services have been so terminated. by OWNER, the termination will not affec1:. 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 fr:::m liability. I CON1"RAcrOR May St:op Work or 1"exmina te : I 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety calendar days by OWNER or under an order of court or othe.r public authority, or PROFESSIONAL fails co act on any .~pplication for Payment ~ithin 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 Ow}~R dnd 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 .failedfor thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice I I I ZEl AUGUSTA UTILmes GEN CON.doc I 47 I I I I I I I I I I .1 I I I I I I I I to OW}TER 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 9n the Work. in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. ARTICLE 16~-DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation 'J'Jhether involving law or fact .orboth, 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 s~ate the facts surrounding the. claim in sufficient detail to identify the claim,~ogethei: 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 apd not~ce. of the claim is not given withih 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. regisL.ered. or certified mail, return receipt requested, directed to his last known address. . 16:2. All ciaims, disputes and other matters in_question between. OWNER and CONTRACTOR arising out of, or relating to, the Contract Documeni:.s or the breach thereof shall be. decided under. Georgia .Law in the ~uperior Coure of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. ARTICLE 17-MISCELLANEOUS Giving Not:ice: 17. L Whenever any provision 'of the Contract Documenes requires the giving of .'...rit::en 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 co an officer of the corporation forwh6in it. is intended, or. if delivered at or sent by registered or certified mail, postage.prepaid, to the lasr. business. address known to.the giver of the notice. ' Computat:ion or 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. ZEL AUGUSTA UTILITIES GEN CON.doc 48 I I 1 17.2.2. A calendar day of t:.wenty-four hours measured from midnight to the next midnight shall consti tut:.e a day.. 1 GeneraL: I 17.3. Should CWNER 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 f~r or a waiver of the provisions of any applicable statute of limitations or repose. I I 17.4~ The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, ,~ par~icular but without limitation, the warrani:.ies, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any" rights and remedies available to any or all of them 'I'lhic~ are otherwise imposed or available by Laws or Regulations, by special warrani:.y 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 partic~lar duty, obligai:.ion, righe and. remedy to whi.ch they apply. All representai:.ions, war=anties and guarantees made in the Contract Documents will survive final payment" and teimination or completion of the Agreement.. I I I I 17.5. CONTRACTOR shall keep adequate records ane supporting documentation. applicable to this Work and Cont=act. 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 t~e period of t~e 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.C.ONTRll.CTOR as concerns the aforesaid records and supporting documentation. . 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 E'rompt ?ay .~ct, O.C.G.A. Section 13-11-1, et seq. In the ~vent any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. I 17.7. Notwi thstanding any provision of the law to the contrary, ':he parties agree that no interest. shall. be due Contractor on. any sum held as retainage pursuant to. the Contract Documents and CONTRACTC?R specifi::ally' waives any claim to same. I I ZEL AUGUSTA Ul1UTlES GEN CON. doc I 49 I I 1 .1 I I 1 I I I I I I I I I I I I SC - 1 SC - 2 SC - .3 SC - 4 SC - 5 SC - 6. SC 7 SC 8 SC - 9 SC 10 SC - 11 SC - 12 SC - 13 .SC - 14 SC - IS SC -16 SC - 17 SC - 18 SC - 19. SC - 20 SC - 21" SC - 22 ,--- SECTION SC SUPPLEMENTARY CONDITIONS INDEX CONTRACT DOCUMENTS AND DRAWINGS CONTRACTOR'S FIELD OFFICE TEMPORARY SANITARY"FACILITIES BOUNDARIES OF WORK EXISTING STRUCTURES AND UTILITIES TRAFFIC SAFETY UTILITIES ESTIMATE OF QUANTITIES SURVEYS DIMENSIONS EROSION AND SEDIMENT CONTROL SAFETY AND HEALTH REGULATIONS SITE CONTAMINATION AND CHEMICALS STORAGE OF MATERIAL, MANUFACTURER'S DIRECTIONS CLEANING UP PRIOR USE BY OWNER RESTORATION OF PROPERTY . SUBSURFACE INVESTIGATION MAINTENANCE OF ACCESS. . PROJECT SIGN SUBSTITUTION OF MATERIALS 9909-02 SC.doc SC-l 'ZELI ENGINEERS I I I I. I I I I I I I I I I I I I I I SECTION SC SUPPLEMENTARY CONDITIONS SC - 1 CONTRACT DOCUMENTS AND DRAWINGS: The Contract Documents which form a .part of this contract include Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Notice of Award, Agreement, Payment Bond, Performance Bond, Notice to Proceed, Change Order, General Conditions, Special Conditions, Technical Speci fications, Drawings and Addenda. Specifications: The specifications consist of a written description of a general and technical nature of materials, equipment, construction systems, standards and workmanship,. and include General Conditions ,Supplemental General Conditions, Special Conditions and Technical Specifications indexed at the front of this bound volume of Contract Documents. Drawinqs: The Engineer will furnish to the Contractor, free of charge, all copies of the drawings !'lnd. specifications reasonably necessary for .the execution of the work. . Location of all features of the work included in the contract are indicated .on the contract drawings. The following drawings, dated December, 1999 comprise the plans for this con~ract. DRAWING NO. TITLE COVER. LOCATION MAP AND DRAWING. LIST l. 2. PIPING.AND GENERAL ARRANGEMENT ELECTRICAL PLAN. AND details SC - .2 CONTRACTOR'S FIELD OFFICE: The Contra6tor shall maintain afield rifflce on the sit~ of the work which contains a telephone, the .contract documents, and the contractor's records. SC -3 TEMPORARY SANITARY FACILITIES:. .Upon commencing work;-the Contractor shall provide temporary screened and shielded sanitary privies in ~ manner meeting the approval of the Engineer. Facilities shall be maintained. in a sanitary condition by the Contractor and in compliance with the requirements of authorities having jurisdiction. All temporary facilities shall be removed by the Contractor and the area returned to its original condition prior to acceptance of the completed project. SC - 4 BOUNDARIES OF WORK: The Contractor shall not enter 9n or occupy with men, tools, equipment, or materials, any ground outside the limits of Owner's property or con.struction easements without written consent of the Owner of such property. SC - s EXISTING STRUCTURES AND UTILITIES: It is mandatory that the Contractor locate all previously placed underground installations and construction prior to his engaging in any 'ZELr. ENGINEERS 9909-02 SC. doc SC-2 I I 1 1 I I I .1 I 1 I I I I I I I I I SECTION SC SUPPLEMENTARY CONDITIONS work in areas where such improvements may exist. The Contract drawings indicate general locations of such existing improvements solely for the purpose of initial and general representation thereof. The Owner and Engineer have not verified locations of these improvements as a basis for locations displayed on the drawings.. All utilities and improvements must be located and flagged by the Contractor prior to commencing work. Flags must be maintained and b~sed upon actual field determinations. The Owner's project" inspector must be notified before any work begins, in vicinity of existing underground improvements. The Contractor shall be held responsible for any damage and for maintenance and protection of existing construction and utili ties. All damaged construction, utilities or improvements shall be restored to the original or better condition in which they were discovered. SC - 6 .. TRAFFIC SAFETY: The Contractor will be held responsible for any damages caused by negligence on his part, or by the improper placing of or failure. to display danger signs and road lantern.s.;all. traffic lanes will be. kept open and .clear at all times and no excavated material or equipment will be placed on pavement during construction. SC - T UTILITIES: The Cont!actor shall provide for temporary utili ties for. construction operations.. Potable water is. available from hydrants. The Contractor shall. make provisions for telephone service with the phone company. Electric. power for construction operations shall be provided by the Contractor by arrangement with the appropriate electric utility company. The Contractor shall make suitable arrangements to provide fuel for temporary heating, and/or other construction operations as necessary. SC .,.. 8 ESTIMATE OF QUANTITIES: Estimated quantities of work to be done and materials to be furnished under this Contract if shown in any of the documents including the BID, are given only to indicate approximately the scope of the Contract; variation of the quantities reasonably necessary to complete the work contemplated by this Contract shall, in no way, vitiate this Contract, nor shall any such variation~ive cause for claims.dr ~iability for damages. . SC - 9 SURVEYS: surveys and establish his own working reference lines established by the ~he Contractor shall make his own lines and. grades f~om the basic Engineer. . SC ~ 10 DIMENSIONS: Dimensions shown in figures or which can be determined by computation from other figures shown, shall take precedence over dimensions scaled from the drawings. When the work. of . the Contractor is affected by finished 'ZEL, ENGINEERS 9909-02 SC.doc SC.,..3 I I I I I 1 I I I I I I I I I I I I I SECTION SC SUPPLEMENTARY CONDITIONS dimensions, these shall be determined by the Contractor at the site and he shall assume the responsibility therefor. SC - 11 EROSION AND SEDIMENT CONTROL: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course. of construction shall be restored to a condition equaL or better than the original condition. Grassing of disturbed. areas shall be the minimum acceptable restoration: Silt control devi.ces such as straw bale fences and/or silt fence weight filter fabric shall be ~nstalled to limit migration of silt to the water courses. Erosion Control devices such as mats, grass, mulch, and crushed. stone shall be installed to protect adjoining areas from soil contamination. Compliance with the guidelines of the Manual for Erosion and Sedimentation Control in Georqia, pursuant to the Eroiion and Sedimentation Act of 1975, shall apply as though fully set forth herein. The Contractor shall procure a Land. Disturbing. Permit from: Augusta'- Richmond Planning Commission, 525 Telfair Street, Augusta, GA 30911. As a part of the permitting process, the Contractor shall' provide his construction schedule of land disturbing work and shall include a plan of the temporary measures to be in place. during construction. An employee of the prime Contractor shall be designated as the work. site. Erosion and Sediment Contr61 Supervisor who is t~ be responsible for timely . installation of erosion and sediment control measures and who shall provide early detection and correction of erosion, sediment, and flooding problems and who.shall have full (24 hr) access to the personnel, equipment, materials, means and measures to ensure correction of routine and or special deficiencies. Permanent. eros.ion control measures for this site. include moderate slopes, pavement, and permanen~ grassing. The Contractor shall strive to expedite completion of the permanent measures and shall keep the temporary measures in place. until a satisfactory grass cover is established. Sediment and erosion control materials shall be as . specified in Section Tl, Site Work and Section.T7, Grassing. Erosion control and sediment containment (E&S) is a subsidiary obligation of the base bid items. SC - 12 SAFETY AND HEALTH REGULATIONS: The.Contractor shall, comply withth"e Department of Labor Safety and Health Regulations for construction pr6mulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and. under Sec.. 107 of the Contract Work Hours and Safety Standards Act (PL91-S4). SC - 13 SITE CONTAMINATION AND CHEMICALS: The CONTRACTOR shall prevent the.construction.site from being contaminated with any substance in. quantities or under circumstances prohibited by environmental protection laws of the United States or the State of Georgia. 'ZEL, ENGINEERS 9909-02 SC, doc SC-4 I I 1 I I I ..1 I. I I I I I I I I I I I SECTION SC SUPPLEMENTARY CONDITIONS The CONTRACTOR shall be responsible to the OWNER if, at any time, state or federal authorities make a claim or demand against the OWNER on account of contamination of the site caused or allowed by the CONTRACTOR or any-of its forces or subcontractors. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must be registered for the purpose specified with USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. SC - 14 STORAGE OF MATERIALS: Materials shall be so stored as to insure the preservation of their quality. and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard, clean, surfaces, and/or placed under cover. Stores of materials shall be so located as to facilitate. prompt inspection. SC - 15 MANUFACTURER'S DIRECTIONS: Manufactured articles~ materials and equipment shall be appli~d, installed, connected,. erected, used, cleaned. and conditioned as directed by the manufacturer unless herein specified. to the contrary. SC - 16 CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish, and upon completion of the work, prior to . final acceptance of the completed project by the Owner, he. shall remove from.the premises all rubbish, surplus materials,. implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. On a daily basis, the work area shall be cleaned sufficiently to produce a neat appearance. .. SC - 17 PRIOR USE BY OWNER: . Prior to completion of the work, the Owner (by agreement with the Contractor) may takeover the operation and/or use of portions of the proj ecL Such use of facilities by the Owner shall not be deemed as acceptance of any work_ or relieve the Contractor from any of the requirements of the Contract Documents. SC -18 RESTORATION OF PROPERTY: The Contractor shall caref~llyrestore all property defaced by the operations or acts of any of his agents or employees. Suchrestoration shall include seeding, sodding, transplanting of lawns, hedges, or ornamental plantings, and the repair or replacement of streets~ driveways, walks, fences, er other facilities_in. such a manner as to meet the approval of the Engineer. No struc~ures, fences.or trees shall be temoved without the consent of the property owner or until condemnation procedure, if necessary, has been completed. 9909-02 SC.doc SC-s 'ZEL, ENGINEERS I I I I I I I I I I I I I I I I I I I SECTION SC SUPPLEMENTARY CONDITIONS Restoration of property shall commence immediately upon substantial completion of the proposed work in the various areas of the construction site. SC - 19 SUB-SURFACE INVESTIGATION: A soils investigation is not available for this site. SC - 20 MAINTENANCE OF ACCESS The Contr~ctor will be required to maintain vehicular and pedestrian access to all businesses and institutions during the time they are open and to all residential and other occupied buildings and facilities at all times. Whenever direct entrance is blocked from one direction, suitable access shall be provided from another location. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and block cross traffic while equipment is in operation. The Contractor shall plan and pursue his operations so as to minimize the time that direct entrance is blocked. SC - 21 PROJECT SIGN: The Contractor shall install a project 4' x 8' sign as directed by the Engineer. The Owner will provide the sign. SC - 22 SUBSTITUTION OF MATERIALS: Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivaient to those indicated or required in the contract documents without an amendment to the contract. 'ZEL, ENGINEERS 9909-02 sc. doc SC~6 I I I I I 1 I I I 1 I I I I I I 1 I I SECTION Tl SITE WORK AND GRASSING SCOPE :. The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, materials and supervision, and in performing all operations in connection with excavation, grading, grassing, field layout, staking, and grade setting for the booster ~tation in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. GENERAL: .Operations shall be conducted in a manner which will provide for the safety of employees and others. Existing utility lines, paving, or structures to remain shall be safeguarded and. protected ,from damage, and supported if necessary. Prior to any work the Contractor shall obtain necessary permits 'for work in the area or shall ascertain that ihe permits ha~e otherwise been obtained. SITE CONDITIONS: The site of the Wrightsboro. Road Booster Station is located on. the' 9'outhside of Wrightsboro. Road between Old Belair Road and BartonChapel~oad. The contractor shall apprise himself of the conditions effecting construction and plan his work accordingly. . Removal of Debris: All debris generated from construction operations shall be removed from the site and properly disposed of by the Contractor. GRADING: General: The site is so limited in size that final grading contours were unnecessary. Final site grading shall consist of sloping the ground away from the concrete paving to conform to existing drainage. Site grading shall also include all excavation, filling and compacting required fo~ construction of the crushed stone access Road and all other areas disturbed by construction. To the greatest extent practical, 6n site material shall be utilized; Topsoil shalf consist of a natural material that occurs in surface deposits of limited dep!=h, and, in general, .on elevate? areas, it shall be composed of natural mixtures of clay and soil binder with sand. Topsoil shall. contain not more than 25. p~rcent of clay and shall be free of stones larger than 2 inches in diameter, roots., excessive vegetation, rubbish. or other delete~ious matter. Topsoil shall be approved by the Engineer before being used ori the work. Topsoil as described, shall be excavat.ed from all areas to be disturbed, whether for structures, piping, site grading, or paving, and if it cannot immediately be .,placed in. its final lecation,. it shall be stored for later use. Stockpiled topsoil shall be placed to afford good drainage. Topsoil work shall not be performed when the soil is so wet that the tilth of. the soil will be destroyed. CRUSHED STONE SURFACE COURSE: . The crushed stone surface course shall consist of crushed stone surfacing and a compacted base applied to the proof .rolled subgrade. Upon .completion of grading and proof rolling, 6" of. the subgrade shall .be compacted as a base. 'ZELI ENGINEERS 9909-02 TOl. doc Tl-l I I I I I I I I I I I I I I I I I I I SECTION Tl SITE WORK AND GRASSING The crushed stone surface course shall be installed over the base and shall consist of a 2-1/2 inch compacted thickness of dense graded crushed stone with 65 percent passing a No. 4U.S. Standard Sieve. CONSTRUCTION METHODS: General: During construction, embankments, fills and excavations shall be kept shaped and drained. Ditches and drains along the subgrade shall be maintained in such manner as to drain effectively.at all times. Grading shall be done so that the surface of the ground will be properly sloped to prevent water from running into the excavations; any water which accumulates in excavations shall be removed: promptly. Excavated materials shall be removed .from the site and disposed of. Stripping: The entire area to be occupied by the concrete paving shall be stripped .to remove approximately,. 4 inches. of topsoil. Remove from the site . perishable and objectionable materials unsuitable. for use in permanent construction. Topsoil shall be stockpiled for use for regrassing. Stockpiled topsoil shall.. be kept free from subsoil, brush, objectionable weed growth, litter, stones and clay lumps larger than 2 inches. in diameter, stumps, roots and other material that ~ould interfere with planting and maintenance operations~ Herbicides used for weed control must be registered with USDA for the purpose intended. Sit~ Grading: Except as otherwise specified herein, all disturbed areas on the site shall be finished off to a uniformly smooth surface, free from abrupt, .irregular surface changes. The degree of smoothness shall be that ordinatily obtainable from power grader operations. The .finished surface shall not be more than.. 0 .10 foot above or below the established grade. There shall be no roots, wasted building materials, trash or other unsightly matter projecting through or visible at.the surface. Topsoil . shail be evenly. spread. over. the entire area to receive vegetation cover. The compacted subgrade shall be scarified to a depth of 2 inches for the bonding of topsoil with the subsoiL Topsoil shall then be evenly spread, lightly compacted (not less than one pass of a cultipacker weighing 100 to 160it/ ft. of roller) and graded to a uniform thickness of not less than 3 inches, and the surface shall conform .to the. requirements of site grading, ditches, embankments., or other features, as applicable. INSPECTION AND TESTS: The Engineer, at his discretion, may order tests and inspections to be performed during the progress of. the work, or at the. completion of any individual unit of the work, or at the time of final inspection of the entire .project. Random spot checks of elevations. and slopes shall be conducted by ordinary differential level and profile methods. GRASSING: Areas disturbed by construction. operations shall be grassed. Areas to be grassed shall be. planted; maintained,. and shall utilize topsoil, lime, fertilizer, Bermuda grass and mulch sufficient to produce a cover suitable to .'ZELI ENGINEERS 9909-02 T01.doc Tl-2 .1 I I I I I I I I I I I I I I I I I I SECTION T1 .SITE WORK AND GRASSING eliminate significant erosion and to provide a satisfactory grass cover when the work is finally accepted. MATERIALS: Seed: Areas to be grassed shall be seeded with Hulled Bermuda grass seed. All seed for grassing shall be tested and .approved by the Georgia Department of Agriculture not more than 6 months prior to the date of sowing and packaged and labeled in accordance with the Georgia Seed Laws and Rules and Regulations in effect on the date of the Invitation for .Bids. Seed which has become wet or moldy or otherwise damaged prior to. the time of sowing will be rejected.. Aqricultural Lime shall be a pulverized limestone having the following certified chemical and physical properties: Total Carbonates, not less than 85% Passing 10-mesh screen', at least 100% Passing 100-mesh screen, at least 25% Fertilizer: All fertilizer shall be a dry, free-flowing conunercial 10-10-10 fertilizer suitable for application by. a fertilizer distributor, grain drill, planting machine or similar standard equipment. The fertilizer shall be certified to meet the requirements of Fertilizer Laws of the State of Georgia in effect on the date of the Invitation for Bids. Any fertilizer which becomes caked or otherwise damaged prior to the time of use will be rejected. Mulch:. Any of the mulch materiats, consisting of forest litter, hay, straw, hulls of cotton balls or peanuts, ground corncobs, stalks of. corn, cane, potato vines, tobacco or other stems, or. peat, which are permitted under Standard Specifications of the State Highway Department of Georgia will be acceptable providing they are properly shredded or ground. Mulch materials which contain seeds of species of .weeds or plants which would germinate and be harmful to the proposed planting will not beacicepted. Water for use in connection with the planting operations will be furnished by Augusta Utilities Water System or obtained from any other. approved source. The water used shall be free .ofexcess chlorine, or other chemicals or substances harmful. to plant growth. GROUND PREPARATION: Prior to preparing the ground for planting operations, all weeds, brush and other vegetation in the areas to..be.planted which has not been removed during grading operations shall be removed from the site. All irregularities in the surface shall be smoothed out and all roots, clay lumps and stone greater than 2" in diameter, and other foreign material detrimental to tillage, planting and proper growth and maintenance. of the area shall be removed. LIMING AND FERTILIZING: After the areas to be seeded have been. brought to finished grade; agricultural lime and fertilizer conforming to the requirements of this specification shall be uniformly distributed over the areas, lime at the rate of one ton per acre and fertilizer at the rate of 1000 pounds per acre. In areas where mechanical ........--.- .----:--. .--.--.-...---.-.-.--.-.--..---~..-.--'--.---I. ZEL I Tl-3 ENGINEERS 9909-02 TOLdoc I I I I I I I I I I I I I I I I I I I SECTION Tl SITE WORK AND GRASSING spreaders cannot be used, the lime and fertilizer may be applied by hand methods. The lime and fertilizer shall not be applied when the wind makes it difficult to obtain satisfactory distribution. TILLAGE: The lime and fertilizer shall be thoroughly and uniformly mixed with the soil to a depth of approximately 3" b~ woiking the soil until it is friable and well pulverized. Hand tillage .will. be required in all areas where mechanical equipment cannot be operated. PLANTING: Seeding operations shall not be performed prior to April 15 or after October 31, nor unless the soil has the optimum moisture content or more, through a depth of at least 3 inches. Temporary seeding may be employed with one of the following ground covers until such time that permanent grassing can be planted . and established. GRASSING TABLE Permanent Cover: Fertilizer: 5-10-10; 1800 lbs~ per acre Agricultural.Lime: 10 tons per acre Mulch: 2-1/2 tons mulch hay per acre Hulled Common Bermuda and Browntop Millet (Planted on slopes less 30 lbs./Ac3/1 -7/31 10.lbs./AC than 3:1) Temporary. Cover: Fertilizer: 10-10-10; SOO lbs; per acre Agricultural Lime: 1000 lbs. pe~ acre Mulch: As Needed Annual Ryegrass 15 lbs./AC8/1 - 2/29 Seeding: Seed conforming to the requirements of this specification shall be uniformly" s.own. At the appropriate time of year, . planting,. hulled Bermuda shall be at the rate per table. The-seeds shall be covered anq compacted to a depth of 1/8 to 1/2 inch by means of acultipacker and or another roiler appropriate for the site. Broadcast seeding shall not be done when the wind makes it difficult to get satisfactory distribu~ion. WATERING: After the planting has been completed, the moisture content of the soil will be tested. If there is not enough moisture in the soil to insure germination and adequate plant growth, water shall be applied by sprinkling uritil an adequate moisture content has been reached. In the absence of adequate rainfall during the germination and early growth period, the Contractor will be required to maintain the required adequate moisture content of the soil by periodic sprinkling operations. 9909-02 T01. doc Tl-4 'ZELI ENGINEERS I I I I I I I I I I I I I I I I I I I SECTION T1 SITE WORK AND GRASSING MULCHING: Mulching of planted areas will be required and shall be employed as an aid in reducing erosion and conservings~il moisture. The mulch shall conform to the requirements of this specification. The rate of application of the mulch depends on the texture of the mulch. The proper application will allow some sunlight to penetrate and air to circulate, at the same time shading the ground. If desired, immediately after the mulch is spread, the material may be anchored to the soil by suitable equipment. ESTABLISHMENT AND MAINTENANCE: The Contractor is responsible for providing a satisfactory stand of. living seeded grass in which gaps larger than 12 inches do not occur at the time of acceptance of the project. Any areas which fail to show a uniform stand for any reason whatsoever, shall be replanted according to these specifications and such replanting shall be repeated until acceptance by the Engineer. The Contractor shall properly wateri mow and otherwise maintain all grass planted areas and any damage resulting from erosion, washing or other causes, shall be repaired by fill topsoil, tamping, refertilizing and replanting at no additional expense to the Owner; if such damage occurs prior to acceptance of the project. EROSION CONTROL: The Contractor "will be permitted to seed such areas with Ryeqrass at his own expense, if he so desires, to control erosion of the qraded areas. All mowing and maintenance operations during the fall and winter seasons will be the obligation of the Contractor. Erosion must be controlled. MAINTENANCE: Inspection of site work as it. is completed shall not acceptance. of the item.. The Contractor shall maintain condition as to be ready for final inspection from the time the final acceptance of the entire project. constitute final all items in such of completion until . PAYMENT: No separate. payment will be made. for the work covered by this section of the specifications. All costs in connectiontherewi th shall be included in the lump sum -Bid for the completed work. l_.__~_~ ___.._________1 ZEL I ENGINEERS 9909-02 TOl. doc Tl-5 I I I I I I I I I I I I I I I I I I I SECTION T2 CONCRETE SCOPE: - The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, and materials, and in performing all operations in connection with the installation of concrete work, complete, in strict accordance with this specification and the applicable drawings, and subject to the terms and conditions of the Contract. APPLICABLE SPECIFICATIONS: The current edition of the following. specifications . form a part of this specification: American Society for Testinq Materials Desiqnation: C 33 C 150 A 615 C 94 C 31 Concrete Aggregates Portland Cement Reinforcing Steel Ready-Mix Concrete Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field American Concrete Institute Publications: ACI 318 ACI 315 Building Code Requiremen~ for.Reinforced Concrete Manual of Standard Pr~ctice for Detailing Reinforced Concrete Structures CONCRETE: Materials: Cement: Portland Cement shall be Type I or Type III conforming to ASTMC 150. Only one brand. of cement shall be used for exposed concrete in any individual structure. Fine Aqqreqate shall consist of combination thereof, conforming to Aggregate. natural sand, manufactured sand or a the requirement of ASTM C 33, Concret.e Coarse Aqqreqate shall consist of blast'-furnace slag, or a combination ASTM C 33, Concr~te Aggregates. ~rushed stone, gravel, or ~ir cooled thereof, conforming to the requirement of . Water shall be clean and free from oils, acids, salts, or other injurious substances. Admixtures shall be used to provide entrained air. Other admixtures shall be used only with written approval.of the Engineer. Air entraining admixtures shall conform to ASTM C 260. Other admixtures shall conform to ASTM C 494. Calcium chloride will not be permitted. 'ZELr_ENGINEERS, 9909-02 T02. doc T2-1 I I I I I I I I n I I I I I I I I I I SECTION T2 CONCRETE Curinq Materials shall be approved by the Engineer before use. Reinforcinq steel for concrete shall conform to ASTM A 615, Grade 40 or Grade 60 except as otherwise noted on the drawings. Shop drawings are required. Storaqe of Materials: Cement and aggregates shall be stored in such a manner as to prevent deterioration or intrusion of foreign matter. Steel reinforcing shall be stored in such a manner ~s to be protected from rusting, oil, grease, and distortion. Mix: All concrete shall have a minimum 28-day. compressive strength of 4,000 pounds per square inch and a slump of 4 inches, unless otherwise indicated. All concrete shall be mixed in a power operated batch mixer. The contents of the mixer shall be completely .discharged before each new batch is loaded. Ready mix concrete shall conform to ASTM C 94. The use of retempered concrete will. not be permitted. Concrete for pipe encasement and blocking shall have a minimum strength of 3,000 psi. Forms: Concrete shall be formed, where necessary, to accurately conform to the appropriate shape, lines and dimensions. Wood forms shall be made from lumber of No. 2 Common Grade or better. They shall be properly braced and tied so as to maintain their position and shape, and shall be sufficiently tight to prevent leakage of grout. Concrete Pavement Joints: Pavement joints 1-1/2" deep at 12'-0" spacing shall be saw cut promptly after casting. Finish: Exposed structures shall be smooth, free from holes, pockets or honeycomb; fins shall be cut off; depressions, holes, and rough spots shall be carefully pointed. Concrete pavement shall be screeded to a uniform surface and when the set reaches the proper .consistency, the suifcice shall be raked with a broom to give parallel transverse lines and a uniform texture. . Cylinders: Two cylinders per 50 yards of concrete and not less than two for each day's pour shall be tested for 28-day strength. CONCRETE REPAIRS: Correction of Deficiencies:. The Contractor shall be responsible for correction of concrete work which does not conform to the specified requirements, including strength, honeycomb, spalls, cracks, chips, holes, fins~ tolerances and finishes. PAYMENT: No separate payment will be made for the work covered under this section of these specifications. All costs iri connection therewith shall b~ included in the lump sum bid for the completed work. 'ZEL, ENGINEERS 9909-02 T02. doc T2-2 I I I I I I I I I I I I I I I I I I I SECTION T3 VALVES SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials, and performing all operations in connection with the ~nstallation of the valves and appurtenances complete, in strict accordance with this section. of the specifications and the applicable plans and subject to the terms and conditions of the Contract. GENERAL: All valves and accessories furnished by the Contractor for incorporation into the work shall be new, unused, and of the type specified herein. Valves installed in accessible piping shall be butterfly type with handwheel operators and flanged fittings ~ Each valve shall have the identifying mark of the manufacturer, year of manufacture and pressure rating cast on the body. All valves shall be opened by turning counter-clockwise and shall have an arrow cast into the metal of the operating nut or on the handle or wheel to indicate direction of opening. Valves also covered under this section of the specifications are swing check valves and electric check valves. BUTTERFLY VALVES: Butterfly valves shall be DeZURIK valves or shall be' valves of comparable quality as manufactured by Mueller, Dresser Industries, American Darling, Pratt, or Kennedy. Butterfly valves shall have tight closing; rubber seats which are bonded to or mechanically retained in the valve body or disc. No metal to metal seating surfaces will .be permitted. Valves shall be bubble tight at line test pressures with flow in either direction, and shall be satisfactory for application involving throttling service and/or frequent operation and for applications involving valve operation after long periods of inactivity. Valve discs shall rotate 900 from the full open position to the tight shut position. Valve Bodies shall be constructed of cast iron ASTM A-126 Class B or ductile iron ASTM A536 Grade 65-45-12 and shall be wafer type. Flange drilling shall be in accordance with ANSI Cl15/421.S-83 to provide flanges on valves for 250 psi working pressure that match th~ bolt circle and bolt holes of class 125 or 150 flanges as sho~n in ANSI B16.1. Two trunions for shaft bearings shall be integral with each valve body. Valve Discs shall be constructed of stainless steel ASTM A 296 Grade CF8M, or cast iron ASTM A48 Class 40 or ductile iron ASTM A536 Grade 65-45-12 with stainless steel or rubber seating edge. Valve Seats shall be of a natural or synthetic rubber compound. All retaining segments and adjusting devices shall be of a corrosion resistant material. Where rubber seat is attached to the disc, a stainless st~el insert shall be provided in the valve body. Seats on valves 24" size and smaller may be bonded in. Bonded seats shall be simultaneously molded in, vulcanized and bonded into 'ZIE:L, ENGINEERS. 9909-02 TOJ, doc T3-1 - As Revised by Addendum #1 I I I I I I I I I I I I I I I I 1 I I SECTION T3 VALVES the valve body. Seat bond must withstand 75 pounds pull under test pr~cedure ASTM C429-58 Method B. Valve Shafts shall be securely affixed to valve discs and shall be constructed of ASTM A-276 type 304 stainless steel, ground and polished. Valve Bearinqs: Valves shall be fitted with sleeve type bearings. . Bearings. .. shall be corrosion resistant and self lubricating. Bearing load shall not exceed 1/5 of the compressive strength of the bearing .or shaft material and shall not exceed 2500 psi. CHECK VALVES:. General: Two styles of check valves are required for this contract. One 12" swing check valve with flanges is required in the by-pass piping and two 4" and ~ne 3" hydraulically operated, electrically controlled check valves are required, in the pump discharge lines. Electric Check Valves: The check valves in the discharge piping of the three pumps arid identified on the drawings as electric check valves shall be hydraulically operated globe style valves with electrically controlled pilots and solenoids~ The valves shall be rated for 250 psi differential operating pressure. The check valves shall be furnished with solenoid valves for 120 volt operation, complete with all hydraulic piping, check valves and shut-off valves. The electric check valves shall be of cast iron body and cover with all bronze or non-corrosive trim construction. The valves shall be flanged, faced and drilled to conform to ANSI Class 125 lb. Standards.. Valves shall be constructed with complete bronze or non-corrosive lining which shall extend down to and form the seat of the val ve ~ The liners shall be provided with cast "V" port openings. The piston shall be bronze and the pilot shall be of the 3-way type and all bronze construction~ The design of the valve. shall be ~uch as to provide air and water cushioning to prevent hammer and shock. Speed of valve closing/opening shall be adjustable by hand operated regulating valves. Wear on valve moving parts shall be absorbed by renewable leather or rubber cups and seat. The design of valve shall be such that the .area above the piston shall be approximately twice the area on the small end of the piston. The valve shall be designed to provide full pipe line flow when open, and it shall be shut off tight when closed. Valves shall provide normal automatic opening and closing functions plus emergency closing on electrical outage, all of which shall be compatible with control diagrams shown on .the elec.trical plans. Manual control for opening main valve shall also be provided. The valves shall be as manufactured by Oil Capital Valve Company Model 125K or an approved equal. 'ZELr~~J 9909-02 TO), doc T3-2 - As Revised by Addendum #1 I I I. 1 I I I I I I I I I I 1 I I I I SECTION T3 VALVES Swinq Check Valve: The 12" check valve in the by-pass piping at the Booster Station shall be equipped with external lever and counterweight and a shockless chamber. Valve body shall be cast iron or cast steel with 125 lb. flanges. Disc shall be cast iron or cast steel with rubber seat ring. Seat shall be renewable, of bronze or stainless steel. Hinge shaft shall be stainless steel, passing. through a stuffing box, and connected to the shockless chamber on the outside of the valve. The shockless chamber shall be attached to the side or the valve body and shall consist of a piston operating in a cylinder. Shockless chamber shall be arranged so that closing speed is adjustable. Shock absorption shall be by air. Swing check valve shall be a G-A Industries, Inc. shockless Fig. No. 250-D, or an approved equal product of APCO. PAINTING, TESTING AND PROOF REQUIREMENTS: Paintinq and Testinq: All surfaces of the valve shall be clean, dry and free from grease before painting. The valve surfaces except for seating, shall be eveniy coated with a suitable primer to inhibit rust or black asphalt varnish in accordance with Federal Specification TT-V-51C or 412. Hydrostatic and leakage tests shall be conducted in strict accordance with AWWA C504 or C500 except that butterfly valves shall be tested with the operators mounted on the valves. Affidavit of Compliance: Vendor shall, upon completion of manufacture, provide to the Owner an "Affidavit of Compliance" in accordance with AWWA C504 or CSOO as applicable. Proof-of-Desiqn Test: Vendor shall include with his submittal certified copies of Proof-of-Oesign Tests in accordance with AWWA C504 or C500 as applicable. INSTALLATION: Val ves shall be installed where indicated or as directed by the Engineer. Valves shall have the interiors cleaned of all foreign matter before installation. Stuffing boxes shall be tightened and the valve shall be inspected in both opened and closed positions to see that all parts are in working condition. All piping and valves shall be properly and adequately supported to prevent movement or undue strain on the piping and equipment. TESTING, CLEAN-UP, AND STERILIZATION: Testing, clean-up and sterilization shall be performed in accordance with the provisions of Section "Plant Piping" of these specifications. All valves shall be in place when lines are tested. Any cracked or defective valves discovered in consequence of the testing shall be removed and replaced with sound material and the test shall be repeated until a satisfactory test is achieved. PAYMENT: No separate payment will be made for the work covered under this section of the specifications. All costs in connection therewith shall be included in the lump sum Bid for the completed work. 'ZEL,_ ENGINEE~ 9909-02 T03. doc T3-3 - As Revised by Addendum #1 I I I I I I I I I I I I I I I I I I I SECTION T4 PLANT PIPING SCOPE: The work ,covered by this section of the specifications includes furnishing all plant, labor, supervision, equipment and materials, and in performing all operations in connection with .the . installation of all piping, fittings, .and appurtenances as. required for the proper connection and operation of the booster station improvements in strict compliance with this section of the specifications and the applicable plans and subject to the .terms and conditions of the contract. GENERAL: The Contractor shall submit for the approval of the Engineer complete drawings of the piping assemblies and appurtenances, accurately and adequately dimensioned ..and with sufficient descriptive. matter. to indicate clearly the installation and connection to appurtenant equipment. All piping. and accessories furnished by the Contractor for incorporation in the work shall be new, unused, and of. the type specified herein, and listed in the Bid. All material and construction must be in accordance with the AWWA Standards and any PVC material or plastic service line used must bear the National Sanitation Foundation (NSF) seal ~ff approval for potable wa~er use. All pipe, solder and flux used during installation of the water lines must be "lead-fr~e" with not ~ore than 8% lead in pipes and fittin~s, and not more than 0.2% lead. in solder and flux. Pipes located inside structures, above ground or attached to structures shall be rigidly supported. The interior of all pipe shall be thoroughly cleaned of all foreign. matter before being placed. All completed pipelines shall be cleaned of dirt and. superfluous materials and shall be flushed to remove any foreign matter remaining therein. Any . sect.ion of pipe found to be defective before or after laying shall be replaced at no additional expense to the Owner. Rejected pipe shall be clearly marked. and shall be removed from the.site. Where not otherwise. indicated, ductile.. iron water mains shall be installed in accordance with AWWA C600-93. Handliriq of pipe and accessories. shall be in such a manner as to insure delivery on the job and installation in a sound undamaged condition. Cutting of pipe shall be done in a neat and workmanlike manner without damage to the pipe. Cutting shali be done by means of an approved type of mechanical cutter. Pipe shall be cut square; burrs, chips, and cuttings shall be removed. PIPING: GENERAL: . Before work is begun the Contractor will furnish to the Engineer layout drawings showing all details for all horizontal and vertical curves, ~estrained joints" and all other specials and .special joints. All pipe and fittings may be inspected at the place of manufacture by representatives of the Owner and/orby a testing laboratory of the Owner's selection. Such inspection shall not in any way relieve the Contractor from the responsibility for the compliance of all materials installed as specified, 'ZELI ENGINEERS -I 9909-02 T04. doc T4-1 I I I I I I I I I I I I I I I I I I I SECTION T4 PLANT PIPING nor shall such inspection in any way. relieve the manufacturer from his responsibility for materials h~ furnished t6 be as specified. SERVICE PIPING SCHEDULE: Unless otherwise indicated, pipe and fittings shall be constructed of the materials shown iri the following schedule for the service indicated. Ductile iron pipe and fittings shall be used for all plant and yard piping except as indicated in the following schedule: Service Fittings Pipe Material D. 1. P. Fittinq Material .;..J?::f.:g.. - above ground; '~:~1:~iw'. - below ground, .e~cept as otherwise indicated. Hydraulic piping for valve control Copper, . Type L Wrought Copper, Sweat & Screwed Header S.S. S.S. Leqend: D.1.P. M.J. P.V.C. C.1.S.P. S.S. Ductile Iron Pipe Mechanical Joint Polyvinyl Chloride Cast Iron Soil Pipe Stainless Steel Fittings shall be appropriate for the installation. Suitable couplings, unions and flexible joint connections shall be furnished and installed in the piping system to correct minor misalignment and to facilitate removal and replacement of piping components. Piping connections to all machinery, equipment and meters shall be made with flanged or union fittings. Where this is impractical, a dresser coupling, a union, or similar fitting shall be installed as close as possible to facilitate equipment maintenance or r~moval. DUCTILE IRON PIPE: Above Ground: Pipe: All above ground pipe shall be ductile iron, thickness Class 53 in accordance with ANSI Specification A2l.50 and A21.5l, using 60/42/10 grade of iron~ Flanged pipe shall have threaded on ductile iron flanges. in accordance . with AWWA Specification C1l5. Pipe shall be coated on the outside with a bituminous coating, and lined with cement lining in accordance with ANSI A2l.4. Fittinqs: Fittings shall be flanged ductile iron .in accordance with the requirements of AWWA Specification ClIO, coated and lined the same as pipe. Flanges shall be faced and drilled to match AWWA Cll5 threaded-on flanges. Joints: Flanged joints shall .have the gaskets inserted between flanges, and bolts shall be tightened in. such a manner as to distribute evenly the stresses carried by the bolts so as to bring the pipe in alignment and make a tight joint without over~tressing the pipe or the individual bolts. Gaskets 9909-02 T04, doc T4-2 'ZEL, ENGINEERS I I I I. I I I I I I I I. I I I I I I I SECTION T4 PLANT PIPING shall be full faced 1/8" thick rubber. Bolts shall.be in accordance with ANSI specification B18.2:1; nuts 818.2.2. STAINLESS STEEL HEADER: Desiqn Conditions: The Contractor shall furnish to the Engineer, shop drawings, design calculations and manufacturer of the header. for his approval, copies of the erection schedule from the The following design conditions must be met: . Operating pressure: ISO psig . Surge pressure: .250 psig . Test pressure: 200 psig hydrostatic . . Fluid: Water 700 F. WALL THICKNESS AND REINFORCING: Header and nozzle design shall comply with Section 8 of AS ME Pressure Vessel Code and shall be the following minimum thickness. Header wall - 1/4 inch Nozzles - 1/4 inch Pipe And Fittinqs: pipe shall be manufactured from ASTM A240 annealed and pickled sheets and plates in acc9rdance with ASTMA778 in type 304L stainless steel. Pipe shall be manufactured to nominal pipe sizes, as listed in ANSI 836.19, Table 2. Pipe shall be die-formed or rolled true to dimension and round. Tolerances for length, inside arid outside diameter and straightness shall conform to ASTM A530. The two edges of sheet shall be brought to line so as not to leave a shoulder on the inside of the pipe. Ends of pipe and fittings shall b.e perpendicular to the longi.t:.udinal axis. . Longitudinal seams on pipe and fi ttings shall be welded by either the tungsten gas, or metallic-gas, or plasma method. The interior w.elds shall be smooth, even and ~ shall not have an internal bead higher than 1/16". All pipes shall be marked with gauge and . type of stainless steel. Fittings shall be butt weld type .the same raw material and in the be straight tapered, cone type. shop fabricated from pipe. manufactured in accordance with ASTM A774 .of same thicknesses as the pipe.. Reducers shall Tees, crosses, laterals and wyes shall be "The finish on the raw material,~manufactured to ASTM A240 will be No.1, HRAP (hot rolled annealed and pickled) or better. The finish on the completed pipe and fittings shall be as specified in ASTM A778 and A774 respectively. 'ZEL, ENGINEERS 9909-02 T04. doc T4-3 I I I I 1 I I I 1 I I I I I I I I I I SECTION T4 PLANT PIPING Flanqes: Flange pipe ends shall be made up of type 316L stainless steel slip-on type rolled angle face rings and prime painted ductile iron or304L backup flanges drilled to ANSI 16.5 class 150 standard. All slip-on. angle face rings will be offset 1/4u and will be continuo~sly welded on both sides to the pipe or fitting . The backup flanges shall be supplied with nominal thicknesses in accordance with the requirements. Joints: Flanges shall be provided at~alve and equipment where shown in the Drawings and at other locations where necessary for proper installation. 'Flanges shall be provided asa minimum at all flanged valves, meters, couplings, and other equipment. Pipe and fitting spools shall be shop fabricated to the fullest extent possible. All other joints required for shipping, handling, and installation of the piping spools shall be flanged unless otherwise shown or specified. If field welding is required, plain ends 10GA (.141U) and heavier will be beveled. Cleaninq And Picklinq: After the manufacture of individual stainless steel fittings and pipe lengths, they shall be pickled by immersion in a tank containing an ambient 10% nitric. and 3% hydrofluoric acid in a water .bath at 1200 F. the duration of immersion shall be 15 to 20 minutes and may be supplemented by manually scrubbing or brushing with non metallic pads or stainless steel wire brushes. The acid treatment shall be followed by immersion. in a rinse water tank, followed, if necessary, by a: spray rinse. The. stainless steel products shall be allowed to air dry to achieve.passivation. . . After shop fabrication into pipe spools, exterior welds and heat affected zone will be cleaned u~ing one or both of the following applications: · .AII internal welds, wheie ~ccessible, and/or mechanically scrubbed or brushed. stainless steel wire. brushes to remove with clean water and allowed to air dry, · Application of a pickling.. paste to remove any weld discoloration, followed by a clean water rinse and allowed to air dry. shall be cleaned manually with non metallic pads or weld discoloration (rinsed Weldinq: Welding 6f pipe spools shall be performed using welders and procedures qualified in accordance with ASME. Section IX. Piping with wall thicknesses up to and including llGA (0.125U) shall be welded with TIG (GTAW) process. Heavier walls shall be beveled. according to procedure, root pass welded with the TIG (GTAW). and have subsequent ,weld passes performed using the TIG (GTAW), MIG (GMAW), or Metallic Air (SMAW) process. Filler metal of equal or superiorELC grades only shall be added to all welds to provide a cross 'ZEL, ENGINEERS 9909-02 T04, doc T4"""4 I I I I I I I I I I I I I I I I I I I SECTION T4 PLANT PIPING section at the weld equal to or greater than the parent metal. shall be smooth and evenly distributed. . Weld deposit Concavi ty, . undercut, cracks, or crevices shall not be allowed. Butt welds shall have full penetration to the interior surface, and inert argon gas shielding shall be provided -to the interior and exterior of the joints. Angle face rings shall be continuously welded on both sides to pipe or fitting. Exterior welds, such as the.back side of face.rings or flanges and structural attachments, may be welded by the MIG (GMAW) or Metallic Arc (SMAW) process; interior surface on very light walls. Excessive weld deposits, slag, spatter, and projections shall be removed by grinding. Welds on gasket surfaces shall be ground smooth. . Spools shall be fabricated to the "Pipe Fabrication Institute" tolerances ES-3 (1981) ~ fabricating .After fabrication, pipe spools shall be plugged, blanked or capped for storage and/or transport. labeled showing line . nUmber and spool number Spools longer than 8'-0" shall have labels at All pipe spools shall be utilizing an adhesive label. each spool, on opposite sides~ PIPE SUPPORTS: The Contractor shall furnish and install such pipe supports and hangers. as are indicated, or as may be required to prevent excess stresses in the joints, and to hold piping rigid and free from vibration under all conditions of operation. Pipe to be supported above concrete slabs shall be supported on Clow No. F-1602 supports, or an approved equal.. _ Piping supported from above shall be supported on adjustable pipe hangers. . Horizontal runs .of pipe shall be provided with supports spaced not more than 8 feet on center unless otherwise noted.. TESTING: . General : After completion of the piping, it shall be tested for leaks. and proved tight. Water lines at booster station shall be tested at ISO psig. The Contractor shall provide at his_ expense. all labor, supervision, pumps, measuring devices , :power, miscellaneous equipment and water necessary for performance of all testing on all piping in accordance with the requirements of these specifications. Hydrostatic Tests: After completion of.the pipi~g all openings shall be closed with blind flanges or other acceptable means. The piping shall be filled with water and all air expelled. The pipes s~all be tested hydro~tatically at the specified pressure for one hour without any drop in pressure, during which time all joints shall be inspected for leaks. 'ZEL, ENGINEERS 9909-02 T04. doc T4-5 I I I I I I I I I I I I I I I I I I I SECTION T4 PLANT PIPING STERILIZATION AND MICRO-BIOLOICAL TESTING: All piping complete with fittings and appurtenances in~talled under this contract for conveying finished water shall be flushed until cleari and sterilized as specified in AWWA Specification C601, "Disinfection of Water Mains". The requirements of this paragraph apply equally to new pipe and fittings,. and to existing pipe lines into which connections have been made, or which may have been otherwise. disturbed to the extent that contamination may have occurred. Upon completi,on of the sterilizing, flushing, and refilling of each .section of piping, the Contractor shall collect a sample ~f water from that section and send it for microbiological analysis to a testing laboratory certified by the Georgia EPD or send it to the Georgia D.N.R., E.P.D., Water Supply Laboratory, Room 31H, 47 Trinity Avenue, S.W., Atlanta, Georgia 30334, for testing. The sample shall.be collected and shipped using containers and methods meeting the requirements of the Georgia Environmental Division. All piping shall be tested. Should the microbiological tests indicate pollution, the sterilizing and sampling for microbiological analysis shall be repeated. at the Contractor's expense until the water is acceptable to the State. The line shall not be placed in servibe prior to the accept~ble test results. The Owner will furnish the water without charge for the.initial sterilizing and refill of. each section of piping being tested; however, if additional stetilizing procedures are necessary, the Contractor shall pay the Owner for the additional water at a rate. to be established by the Owner." DEFECTIVE WORK: If inspection or tests show defects, such defective work or material shall be replaced and inspection and tests repeated. All repairs to piping shall be made with: new material. No caulking 6fjoirits or holes will be acceptable. PAINTING: All. exposed piping. and appurtenances shall be painted in accordance with the requirements of Section T-7 of these specifications. PAYMENT: No separate payment will be made for the work covered under this section of the specifications. All costs in connection therewith shall be included in the lump sum Bid for the completed work. 'ZEL, ENGINEERS 9909-02 T04. do"c T4-6 1 I I I I I I I I I I I I I I I I I I SECTION T5 .PUMPING EQUIPMENT SCOPE: The work covered by.this section of the specifications consists of furnishing all plant, labor, equipment, materials and appliances and in performing all operations in connection with the furnishing, installation, testing and initial operation of the pumping equipment, complete with all appurtenances, in strict accordance.with this specification and the appllcable drawings, and subject to the terms of the Contract. GENERAL: .Equipment Submittal: Within 30 days after award of contract, the Contractor shall furnish for the. Engineer' s written approval, five copies of manufacturer's bulletins, specifications, pump curves and other data showing size, performance and mounting base dimensions. It shall be the responsibility of the contractor to verify the. existing conditions for installing the centrifugal pumps to assure proper alignment and fit of the total pump and piping assembly. CENTRIFUGAL PUMP: General: The Contractor shall furnish and install two centrifugal pumps as hereinafter specified in existing booster station. The booster pumps shall be vertical in-line, single stage pumps with mechanical~ seals. The pumps shall be Ingersoll-Rand Model VOC 6x4x10 or approved equal. Capacity: The pump shall have the following rated capacities when driven at a spe~d of 17S0 RPM: Capacity (qpm) Shut Off 900 1,100 TDH (Ft.) 105 100 85 Minimum Efficiency (%) 76 81 Pump Construction:. The pump casing shall be of ductile iron construction with a carbon steel shroud plate; impeller shall be carbon steel; shaft shall be 416 stainless steel; the pump shall have replaceable mechanical seals. Accessories: The pump shall be fur.nished complete with a cast iron or steel frame, adjustable spacer coupling and a coupling guard. Motor: The pump shall be furnished complete with a totally enclosed fan cooled, squirrel cage induction, NEMA design B motor. for operation on .460 volts, 3 phase, 60 cycle current~ The motor shall be capable of driving the pump at 17S0 rpmthroughout the range of.the pump without exceeding the rated horsepower of the motor. The motor shall have a 1.15 service factor. PAINTING: All pumps, motors, bases, and auxiliary equipment and accessories shall be .shop painted with the manufacturer's complete paint system which shall be certified by the manufacturer as suitable for. the use and environment in which the equipment shall be placed and compatible with the coating system specified in 'ZEL, ENGINEERS 9909-02 T05. doc TS-1 I I I I I I I I I I I I I I I I I I I SECT ION T S PUMPING EQUIPMENT the section, "Painting and Finishing". The manufacturer shall provide a color chart showing the finish coat colors normally available for his equipment, and the Engineer shall select the finish coat color paint for each t~pe a~d color used on his equipment. PUMP FOUNDATIONS AND SETTING: All pumping equipment shall beset, aligned, leveled, and grouted in place and such work shall be approved by. a responsible representative(s) of the manufacturer (s) of the pumps . The contractor shall. utilize certified shop drawings which have been approved by the Engineer. SPECIALTIES: Pressure Gauqes shall be furnished and installed as follows. One gauge is required for. the intake header. One gauge is required for each centrifugal pump to be located in the dlschargepiping before the electric check valve. Gauges shall be bronze tube 8ourdon tyPe with 3-1/2 inch dials, 0 to 100 P.S.I. Each gauge shall be installed with snubber and gauge cock and shall be Ashcroft Model 1010, or equal. TESTS: Shop Tests: Each pump assembly shall be shop tested in accordance with Section A6 of ANSI Specification 858.1-1955. . Five (5) copies of the laboratory data sheet and.certified performance curves shall be approved by the Engineer prior. to final acceptance. . . Field Test:. After the pumping equipment and controls are installed, the Contractor shall conduct, in the presence of the Engineer and responsible representatives of the manufacturers of the pumps, acceptable test runs covering the full range of operating conditions for each pump. .Acceptance of the equipment shall be predicated upon. satisfactory. operation during these field tests. The Contractor shall furnish all equipment, labor, materials, power, and bear all costs of the eight-hour test of each pumping unit. WARRANTY: Materials and Workmanship:.. .AIl complete pumping units. shall be warranted by the Contractor against all defects in materials and workritanship.for a period of one (1) year from the date of final. acceptance. The Contractor shall be obligated to replace all parts and accessory construction proved defective within qn (1) year at no cost to the Owner. Performance: The performance of. any or all pumping units shall be guaranteed at the specified pumping conditions. The total .horsepower required by the pumps shall not be in. excess of that indicated by the results of the manufacturer's shop test. TOOLS AND PARTS LISTS: Tools: The Contractor shall be responsible for furnishing any special tools and lubrication devices required to perform maintenance on the pumping units. 'ZELr ENGINEERS, 9909-02 TOS. doc T5-2 I I I I I I I I 1 I I I I I I I I I 1 SECTION T5 PUMPING EQUIPMENT Five (5) copies of printed instructions for lubrication and ~therpreventative maintenance 6perations shall be furnished. Parts Lists showing each component part of the pump units shall be furnished. Operation manuals for each complete unit shall be furnished. Five (5) copies of the parts list and operation manual shall be .f~rnished for each.complete unit. CONNECTIONS: Pipinq: All piping materials and connections shall be made in accordance with the section, PLANT AND YARD PIPING. PAYMENT: No separate payment will be made. for the work covered under this. section. of these specifications. All costs in connection therewith shall be included in the lump sum bid for the .completed work~ 'ZEL, ENGINEERS 9909-02 T05, doc T5-3 I I I I I I I I I I I I I I I I I I I SECTION T6 ELECTRICAL SCOPE: The work covered by this sec~ion of the specifications consists of furnishing all plant, labor, equlpment, appliances and materials, and in performing all operations in connection with the electrical work assoc;iated with the reno~ation of the Wrightsboro Road Booster Pump Station and the addition of two new booster pumps, complete and in strict accordance with this section of the specifications, the applicable drawings, and subject to the 'terms and conditions of the Contract. CODES, PERMITS AND INSPECTIONS: The Contractor shall obtain at his own expense, all necessary permits required for ,the proper execution. of the work covered by this section of the specifications. Furthermore, he shall comply with the regulations of the latest edition of the National Electrical Code and all local codes, and shall deliver to the Owner, without charge, all certificates of inspection issued by insp~cting authorittes. STANDARD FOR MATERIALS AND WORKMANSHIP: All materials shall be new and shall conform to the standards of Underwriters' Laboratories, Inc., NEMA andASA where such. standards. have been establis)1ed for the materials being furnished. All work shall be executed in a workmanlike. manner and shall present a neat and orderly appearance when completed. DRAWINGS: These.specifications are accompanied by drawings considered appropriate for the electrical work to be performed... The drawings and these specifications are complimentary each to the other and that which.iscalled. for by one shall be as binding as if called for 9Y both. . DEMOLITION: All existing electrical equipment and wiring is to be removed. Refer to Section A-A on Drawing No. 2 for list of equipment. Two conduits extending through roof of building shall be removed and roof repaired. The conduit to existing Motor .No. 1 shall ber~used. The conduit to existing electric check valve shall be capped approximately 1" above floor. The conduit to existing pump motor No. 2 shall be used for a grounding conductor as. described hereinafter. The Owner may take any of the removed. equipmerit if wanted, otherwise, the Contractor shall dispose of all removed equipment. ELECTRICAL SERVICE: A new electrical service is to be provided by Georgia Power Co. The secondary vol.tage will be 480Y/277 volts,. 3. phase, 4 wire, but since the neutral voltage will not be used, the-service conductors will be 480 volts, 3 phase, 3 wire with ground. 'ZEL, ENGINEERS 9909-02 T06. doc T6-1. ~.. , . . ~ "..- .. '.1. I I I I I I I I I I 1 I I I .1 1 I I I SECTION T6 ELECTRICAL The Contractor shall install a 200 . amp. non-fused disconnect switch and Georgia Power Co. furnished meter box on outside of building, with a new service mast with weather. head to extend approximately 2' above roof. Install a 200. amp fused disconnect switch (service entrance panel) . on inside of building~ Install conduit and wiring beginning with the service mast to non- fused. disconnect switch, from non-fused disconnect to meter box, and from meter box to fused disconnect switch. CONDUIT SYSTEM: The plans show the arrangement. of equipment, fixtures, circuits and general plan of the installation. The final installation may be modified to suit field . conditions but no change shall be made from the basic requirements without approval of .the. Engineer. Rigid galvanized steel conduit shall be used throughout the project. All conduit shall be electro-galvanized, sherardized or. hot-dip galvanized. Exposed runs. of conduit shall be adequately supported with supports spaced not more than 8 feet apart and shall be installed with runs parallel or perpendicular to wall or structural members' with right angle turns consisting of cast-metal conduit bodies, cast-metal.junction boxes, or wiring troughs with gal vanized locknuts and bushings. Conduit connections- to motors or other equipment requiring flexible connection shall be made with a minimum length of plastic covered flexible metal conduit (liquid tight) with suitable compression fittings. CONDUCTORS: General: A complete system of copper conductors with 600V insulation shall be installed in the raceway. systems. Conductors. for power wiring and controls shall be continuous without splices. Conductors for lighting and receptacles may be spliced in boxes using_ wire nuts. Conductors shall be manufactured by General Cable, Okonite,Rome, Cablec or an approved equal. . . Conductors for Power shall be..stranded copper with Type XHHW insulation for sizes No. 8 AWG and larger ,and.: Type THWN insulation. for- con<:l:uctors smaller than No.8. Conductors for Control shall. be stranded copper, No. 14 AWG, with insulation.. Control conductors may be single in the number multi-conductor with equivalent insulation, fully color coded. type THWN shown or Conductor and Cable Markers: All conductors and cables shall be individually identified using wire markers. The wire markers shall be self-adhesive vinyl cloth strips printed with. the appropriate numbers, letters, symbols or NEMA colors... Branch circuit conductors from.panel.board shall be marked with the panel board name and circ~it. n.umber. Each end of a control, status or alarm conductor shall be marked with an abbreviated equipment name and terminal block number that identifies the equipment where the opposite end of the conductor is terminated. The wire marker shall be the product of Brady, or an approved equal. I.--_.__...__._~-_._-----_.._---~_.._---+ ._ _. _.._____ .,._~.____ _--'---"---..__.____n.~___._~___.~______.._.. ~._-_._. --- --~.~~I ZEL [ ENGINEERS 9909-02 TOG.doc T6-2 I I I I I I I I I I I I I I 1 I I. I I SECTION T6 ELECTRICAL JUNCTION AND PULL BOXES: Junction and pull boxes installed in dry interior locations shall be constructed of code-gauge galvanized sheet metal of not less than the minimum size recommended by the National Electrical Code. Boxes shall have screw fastened covers. For exterior or wet locations, pull boxes shall be NEMA 4X with gasketed covers. MI-8CELLANEOUS ELECTRICAL EQUIPMENT: The electrical equipment required to be furnished and ~pecified in the Electrical Equipment Schedule on the includes. wiring devices, transformer, light fixtures, motor starters and panels. installed shall be .as plans. That schedule disconne~t switches, MOTORS: Motors furnished under other .sections of these specifications shall be of sufficient size for the duty to be perforIl!ed and shall not exceed 100% of the full-load rating when the driven equipment is operating at specified capacity under the most severe conditions likely to be encountered. Unless otherwise specified, all mo.tors shall be TEFC and have continuous-duty classifi~ation based on a 40 degree C. ambient temperature of reference. polyphase motors shall be squirrel-cage type; having normal-starting-torque and low-starting- current. characteristics. When electrically driven equipment furnished under other sections of these specifications materially differs from the contemplated design, the Contractor shall make the necessary adjustments to the wiring, disconnect devices, branch circuit protection, and controls to accommodate the equipment actually installed. MOTOR STARTING AND CONTROL EQUIPMENT: General: Motor starters and_controls for all motor operated equipment shall be furnished; installed and wired complete for operation under this section of the . specifications. All motors are specified under other sections of these specifications to be furnished with the equipment to be driven. Coordination of Control Components: Particular attention and reference shall be made to the other sections of these specifications for the proper coordination of all devices to be furnished and/or installed thereunder. Section T-7: VALVES covers the electric check valves furnished for pumps. Pump Control: Local control of the pumps pushbutton in the cover of each starter. are provided, . and a 24" x 24" panel is equipment by others. is provided by a se~ector switch and Connections to aSCADA terminal box included for installation of SCADA The starting and stopping of pumps shall be integrated with its electric check valve through a control relay. Upon initiation of start. signal, the control relay will be energized, the pumP. will be started and the electric check valye will open .slowly allowing pump to develop full pressure. A limit switch on check valve will close and seal in motor contactor. Upon initiation of stop signal, the electric check valve will begin to close, and pump will continue to I .._~_.,__,.___~____.._.. n___ _.._.._._..._ ___._ _......_._.____d'_ .------..--.-.--...-..........,- ,.-------..--.-- __u_ ... -- - ..----.--, ZEL r ENGINEERS J 9909-02 T06. doc T6-3 I I I I I I I I. I I I I I I I I I I I., SECTION T6 ELECTRICAL run until check valve is ainib:St fully closed and limit switch opens, de- energizing motor starter. SWITCHES AND RECEPTACLES: All wiring devices shall be of heavy.duty industrial grade. Wiring con,nections shall be made only via .looping conductors around terminal screws. Devices employing only "slip-in" wire connections shall not be used. (Compression type connections are permitted with power receptacles and plugs. ) Devices shall be held securely in.place by threaded screws attached to outlet boxes. Devices shall, in no way, .~epend on cover plates for support. Wiring devices shall be installed in FSboxes with stainless.steel covers. All switches shall berated 20 amps, 120/277 volt, silent type. All receptacles shall be duplex ground fault interrupting. tyPe rated 20 amps, 125v()lts, ,.A.C., NEMA 5-20R, except. as noted on drawings. HEATING~ VENTILATION, AND. LOUVERS: A 3.3 KW, 4~0 volt, 30, shown on the .drawings. 400 F. electric heater shall be, furnished and installed as The heater shall be controlled by a thermostat set at. A ventilation fan, motor operated louveri and thermostat shall be furnished and installed as shown. on the. drawings. The thermostat, louver, and fim shall be wired to operate as. follows : when .thermostat reaches set point (initial 'setting. to be 850 F), the. motor operated louver will ope~, closing a contact on erid limit switch. which will energize fan motor. Fan will continue to run until thermostat .contact opens, the louver will begin to close, 6pening contact of end limit switch,de:-energizing fan .motor. GROUNDING: A ground conductor shall be brought to t~e service entrance disconnect, and.a ground conductor shall be run from the existing ground rod in building to the service entrance disconnect. Also.install a #2 bare copper ground conductor in the conduit presently serving existing pump No. 2 and bond to suction and discharge headers. SHOP DRAWINGS AND .INSTRUCTION MANUALS: The . Contractor shall submit four (4). sets of vendor shop drawings and installation data to the Engineer for appr?val wi thin 30 days of contract award. Submittals. will be reviewed and returned. promptly, and any re- submittals required shall be made on'a timely basis. 'ZELr ENGINEERS 9909"02 T06. doc T6-4 I I I I I I I I I I I I I 1 I I I I I . SECTION T6 ELECTRICAL At the end of final inspectlo~, the Contractor ~h~ll provide three .sets of complete data orielectrical. materials and equipment used on this job. This data shall be in bound form with a ,complete table of contents. RECORD DRAWINGS: . . The. Contractor shall .reserve. one complete set of electrical prints for as- built :drawings. Any approved deviation from.. the contract plans shall be recorded on these prints. by the. Contractor. As-buil t. drawings will be checked on the last working day of each month for accuracy. and completeness by the. Engineer ~r his authorizedtepresentative. The Contractor shall turn over all as-built drawings (record drawings) to the Engineer at the time of final inspection. GUARANTY: The.Contractor shall leave the entire electrical system installed under this contract in proper working order and shall, without ~dditional charge, replace any. work or material which develops defects, except from ordinary wear and tear, within one year from the date of thefinal~acceptance by the Owner: PAYMENT: No separate payment shall be made for the work covered. under this section of the specifications. All costs iri connec~ion therewith shall be included in the lump sum Bid for the completed.work. I~__~ .__._" ____~__._.._._ _~_____.. _.".._ _. -. _P_._______~.c_. .........-.--.-, ZEL I ENGINEERS --, 9909-02 T06. doc T6-S I I I I I I I I 1 I I I I I I I I I I SECTION T7 PAINTING AND FINISHING SCOPE: - The work covered by this specification consists of fufnishing all plant, labor, equipment, appliances, . and. materials, and in performing all operations in connect.ion with the painting of new metals, masonry, concrete, wood, equipment, etc., in strict accordance ~~th this section of the specifications, the applicable drawings, and subject to the terms and conditions of the Contract. MATERIALS: All paint shall be fresh and shall ariiv~ on the job in the original, unopened containers which clearly show the name of the manufacturer and directions for application. This specification utilizes the products of the Tnemec Company as the standard of quality and color; the comparable products of Pittsburgh, Glidden, Pratt and Lambert, and Sherwin Williams will. be considered equal. Masonry surfaces shall be free of moistur~, dust, dirt, oil, grease or stains. Efflorescence or laitance shall be removed by rushing or, subject to the directions of the Engineer, by acid etching. SURFACES REQUIRING PAINTING: Exterior painting shall include existing ho~izontal .sliding door as well as touch up, as required, of all exterior surf~ces damaged during construction. Int.erior painting shall include all interior walls, ceiling,. and. all new or modified ferrous metal work, piping, fittings, valves, equipment and other metalwork. Interior painting shall also include touch. up of all surfaces modified or damaged during construction. Equipment .prefinished by the .manufacturer shall conform to the special requirements of the specification section in which the equipment is specified, . shall be. in. accordance with the c;olors selected. by the Engineer, shall be compatible with, and shall not have a finish of lower. quality than comparable surface finishes specified in this section. Aluminum, chrome, stainless steel and prefinished fiberglass shall not be painted except as specifically noted elsewhere. SURFACE PREPARATION: All surfaces which are to be painted sh~ll, prior to applicatioh of paint, be cleaned, washed or otherwise pre~ared as specified herein. Surfaces of ferrous metal to receive Linseed Oil based primers sh~ll be thoroughly cleaned of all scale, dirt, and rust by the use of steel scraper, wire brushes, sand blast, acid pickllng, or other suitable tools and methods. Surfaces of ferrous metal to receive Phenolic, Vinyl, Epoxy; or Alkyd Primers. shall be thoroughly cleaned by sandblasting or pickling, to commercial white metal according to the latest edition of SSPC Specifications. 9909-02 TO? doc T7-1 .'ZEL, ENGINEERS I I I I I I I I I I I I I I I I I I I SECTION T7 PAINTING AND FINISHING Prepainted surfaces: Existing surfaces where the coating is in good condition shall be-lightly sanded, wire brushed, or brush blasted to slightly roughen the surface. Where the paint is scaling, showing rust, or otherwise failing, the surface shall be sand blasted for. repa;!.nting as: new material. . . Surfaces shall be sanded to eliminate ttlE~ scale marks and other imperfections which will. not perm~t a s~ooth finished surface. . Cracks, nail holes, and other defects shall . be appropriately filled and smoothed. WORKMANSHIP: All painting shall be done in a workmanlike manner, leaving the finished surface free from drops, ridges, waves, laps and brush marks. Sufficient time shall be allowed between coats. to insure proper drying. Paint shall be applied under dry and dust-free conditions.. Paint shall.be applied in a manner that the covera.ge shall not exceed .that recommended by the manufacturer.. Where there is any doubt, either. about. generic .composition. or compatibility of existing coatings a .test application: shall be made and after 14. days checked for adhesion characteristics and~other forms of incompatibility. COATING SYSTEM: Surface: .. Exposed structuralste~l, steel doors and. frames. Prime Coat: .1st Coat: 2nd Coat: . . Tnem~-Fasprime se~ies 160 Polyamide Epoxy Epoxoline Series 66 Polyamide Epoxy Epoxoline Series 66 Polyamide Epoxy Surface: . Machinery, pumps, pipes, valves, manholes. Bituminous coated pipe shall be sealed before recoating. Prime Coat: 1st. Coat: 2nd Coat: Poxiprime Series 65 (Epoxy-Polyamide) Hi~Build Epoxoline II Series.69 Polyamidoamie Epoxy Hi-Build Epoxoline II Series 69 Polyamidoamine Epoxy Surface: . Wai.ls and ceiling . Prime Coat: Intermediate Coat: Finish COat: Induron Polyfill Epoxy Block Filler (Polyamidoamine Epoxy) Induron Armorguard Epoxy (Polyamide Epoxy) Induron Armorguard.Epoxy (Polyamide Epoxy) COLORS: Where two field coats or more are required by these specifications, the colors shown in this section shall be used for ~ll except the final coat. Final paint shades must be approved after application of the initial coats and before the application of the final coat. Selected colors for the project are from the Tnemec color book. Trim shall be finished same as wall colors; 'ZEL, ENGINEERS 9909-02 TO?, doc T7-2 I I I I I I I I I I I I I I I I I I I SECTION T7. PAINTING AND FINISHING Exterior and Interior: Metal. doors and trim Electrical Equipmerit & ?oles Guards and Caution Marking ivory PA 23 Aluminum. 320 Safety Yellow SCOl Interior Work (General): Piping, Valves Electrical Equipment .Walls, Doors . , Safety BlueSC06 Aluminum 320 Jasmine Ivory PA 23 CLEAN UP: The work area shall be kept free. from surplus materials, dirt and rubbish at all times.. After completion of the work, .all paint spots .or other marks shall be removed from floo~s, walls, doors, and windows, etc.. All exposed metal w.ork and glass shall be carefully cleaned and the work area left clean~ PAYMENT :. No separate 'payment will be made for any specifications. All ~ostsin .6onnection llll!lp sum Bid for the completed work... work covered by. this .;~e~:;tion therewith shall~ be0~d~1~ded . . -. . ~\.:_:~.~~~~~~~"'c . :. <~,:~~i~: . of the in the 9909-02 T07. doc T7-3 'ZEL, ENGINEERS ANVr!l~ f<..~ 'S or Daoa 0 L ~nl~ 6@r~' ~~. '~'.f .' ' P"'> .,..,.~ J'~ Hi ~ ~:jf\ \ ~ ~./i '~;"t~, ell fifi ~ ~ &Ill [i ~ 'f::l) :'l \ I8J . ~ ~ .:t~" I I I I .1 I I I' I I I I I. I. I I I I I: