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Home My WebLink AboutTobacco Road 16" Water Main (2) Augusta Richmond GA DOCUMENT NAME:-\o'CXJ\UD '(lXJd \19" vJo:t.C'< \Y"'O.Ul DOCUMENT TYPE: YEAR: Od BOX NUMBER: \ S FILE NUMBER: \\.9 \ 5\ NUMBER OF PAGES: \ \ l-'\ I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 ~~ ~, /01&" AUGUSTA UTILITIES DEPARTMENT AUGUSTA, GEORGIA CONFORMED PROJECT MANUAL TOBACCO ROAD 16" WATER MAIN CITY PROJECT NO. 10106 BID ITEM NO: 02-080 PREPARED BY GANNETT FLEMING, INC AUGUSTA, GEORGIA PROJECT #38753 May 2002 I I I I I I I I I I I I I I I I I I I AUGUSTA UTILITIES DEPARTMENT AUGUSTA, GEORGIA CONFORMED PROJECT MANUAL TOBACCO ROAD 16" WATER MAIN CITY PROJECT NO. 10106 BID ITEM NO: 02-080 PREPARED BY GANNETT FLEMING, INe AUGUSTA, GEORGIA PROJECT #38753 May 2002 I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 Addendum No. I, March 19,2002 ADDENDUM NO.1 TO TOBACCO ROAD] 6" WATER MAIN AUGUST A UTILITIES DEPARTMENT AUGUST A, GEORGIA CITY PROJECT NO. 10] 06 BID ITEM NO: 02-080 MARCH 19,2002 Bidders on this Project are hereby notified that this Addendum shall be attached to and made part of the above-named Bid Package, dated January 2002. The following items are issued to add to, modify, and clarify the Bidding and Contract Documents. These items shall have full force and effect as the Bidding and Contract Documents, and costs involved shall be included in the bid prices. Bids to be submitted by the specified bid due date shall conform with the additions and revisions listed herein. Acknowledge receipt of this addendum by inserting its number and date on page P-4 of the attached revised Bid Schedule and returning it with your bid. ][)RA WINGS: 1. Replace Drawings 7, 8, and ]] in whole with the attached Drawings 7, 8, and ] 1. 2. Replace Detail 13. ]0 Drawing No. 12 with the attached Detail 13.10. SPECTFTCA TTONS: SECTION P: I. Replace Pages P-2 through P-4 of the proposal section with the attached Pages P-2 through P-4. A-I Tobacco Road 16" Water Main City Project No. 10106 Addendum No.1. March 19. 2002 SECTION MP: 1. Delete Paragraph 16 in its entirety and Replace it with "Clearing and grubbing (Bid Item 27) shall be measured in square feet and shall include costs for vegetation removal, stockpiling, disposal and any required permitting. No additional payment shall be made for this item." SECTION 14A: 1. Paragraph 14.4.1 - Following the sentence "For 14-inch diameter and larger - Restrained joint shall be U.S. Pipe TR Flex, American Ductile Iron Pipe Flex-Ring, Lok-Ring, or approved equal." Add the following: "EBAA Iron Mega-Lug shall be approved for use as a restraining method for up to 16-inch diameter valves and appurtenances where U.S. Pipe TR Flex or American ductile Iron Pipe Flex-Ring, Lok-Rillg are not appropriate." 2. Paragraph 14.5. I - Add the following text: "All valves shall be mechanical joint." EASEMENT PLATS: 1. Replace the "Tobacco Road Water Main Easement Plat Prepared for Augusta-Richmond County Board of Commissioners showing Easement Through Property ofPepperidge Pointe Inc." prepared by Robert L. Herrington, Jr. with the "Boundary Survey Prepared for Nordahl and Co., Inc." prepared by Southern Partners, Inc. A-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 Addendum No. I, March 19, 2002 BID SCHEDULE Item Description Units Quantity Unit Total Price Price ! Water Main I I 16" diameter ductile iron water transmission main Pressure LF 10,688 I Class 350, standard joint, includin~ Type II beddin~ material 2 16" diameter ductile iron water transmission main Pressure LF 3,180 I Class 350, restrained joint, includin~ Type II beddin~ material 3 12" diameter ductile iron water transmission main Pressure LF 17 I Class 350, restrained ioint, includin~ Type II beddin.g material 4 4" diameter PVC force main LF 15 5 Jack and Bore 30" diameter steel casing, minimum wall LF 270 thickness 0.5 inch, carrier pipe not included 6 Carrier pipe for jack and bore, 16" diameter, ductile iron pipe, LF 270 restrained ioint, Pressure Class 350 7 Georgia DOT Type I, Class I & II Backfill CY 500 8 16" diameter ductile iron restrained mechanical joint 900 bend EA 5 9 16" diameter ductile iron restrained mechanicalioint 450 bend EA 27 10 16" diameter ductile iron restrained mechanical joint 22.50 EA 1 bend 11 14" x 14" x 14" diameter restrained mechanical ioint tee EA I 12 16" x 14" diameter restrained mechanical joint reducer EA 1 13 16" x 12" diameter restrained mechanical ioint wve EA 1 14 16" diameter in-line butterfly valve, including valve box, EA 7 installed, complete, open left 15 14" diameter in-line butterfly valve, including valve box, EA 1 installed, comolete, ooen left 16 4" diameter combination air release/air vacuum valve including EA 5 pre-cast concrete vault and cover, installed, complete 17 Fire hydrant assembly, including hydrant, 6" diameter ductile EA 2 iron piping, 6" diameter gate valve and box (open left), and 16"x 6" diameter mechanical ioint tee. 18 Polyethylene encasement of water transmission main LF 830 i Flowable Fill , 19 CY 250 i P-2 Tobacco Road 16" Water Main I City Project No. 10 I 06 Addendum No. I, March 19,2002 I Item Description Units Quantity Unit Total Price Price Pavement Structures 20 Pavin re air-cross cuts and atches SY 1,706 21 6" thick concrete drivewa s SY 105 22 24" concrete curb and tter LF 631 23 Misc. concrete medians, etc. SY 31 Miscellaneous 24 LF 3,855 25 EA 6 26 EA 4 27 SF 500 28 ACRE 3.5 29 LS 1 30 LS 1 Dollars ($ ) I I I I I I I I I I I Lump Sum Construction Note: Lump sum construction items include but are not limited to the following. Item Description Units Quantity Unit Total Price Price 1 Remove and reset fences, all types LF 80 2 Remove and reset water valve, size varies EA 1 " Property restoration LS 1 .) 4 Erosion and sediment control (construction exits, rip-rap, LS 1 misc. erosion control structures) not including Bid Items 23-25 5 Traffic control LS 1 6 Miscellaneous grading LS 1 7 Bacterial testing and sterilization of water transmission LF 14,155 mam Total Base Bid: The contract covering the construction of all work described above will be completed within 240 consecutive calendar days from the date specified in the "Notice to Proceed", subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $250 for each consecutive calendar day thereafter. It is understood that the Owner reserved the right to reject any and all proposals or to accept any proposal as deemed to be in the best interest of the Owner. P-3 I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 Addendum No. I, March 19, 2002 It is also understood that the folIowing addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date No.1 NO.2 NO.3 The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner with satisfactory Performance and Payment Bonds in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or Certified Check in the amount of DolIars ($ ) being not less than ten (10%) percent of the total base bid sum. (Refer to Bid Bond Section.) Should the bidder fail to execute the Contract and furnish the Performance and Payment Bond in case this proposal is accepted, the Owner shalI have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check it may be cashed by the Owner and the amount received shalI become the property of the Owner. If the security is a Bid Bond, the value thereof shalI be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is the proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bond. The successful bidder shalI have a current Business License. The Owner is an Equal Opportunity Employer. Name of Bidder Signature & Title of Authorized Representative Business Address Date: City and State END OF SECTION P-4 CENTERED/RESTRAINED POSITIONING FOR WATER MAINS MECHANICAL JOINT PIPE REQUIRED FOR WATER MAINS. STANDARD POSITIONING FOR SANITARY SEWER PROVIDE 2 - 3/4" DIAMETER COLD ROLLED STEEL TIE RODS FROM THE END OF THE STEEL CASING PIPE TO THE FIRST JOINT OF THE PIPE OUTSIDE THE CASING. THE RODS ARE TO BE WELDED TO THE CASING AND CONNECTED TO A BELL TYPE CLAMP ON THE PIPE (TYP, EACH SIDE). PULL-ON OR WRAP-AROUND END SEALS NO BRICK SHALL BE ACCEPTED n n n " " " " STEEL CASING BELL CLAMP J DIP CL 50 NOTES 1:""SPACER OPTIONS: 8" OR 12" WIDE BAND 2. APPROVED TYPES ARE CASCADE OR PSI 3. INSTALLATION SHALL BE IN ACCORDANCE WITH THE MANUFACTURES STANDARDS 4. CASING PIPE THICKNESS SHALL BE PER DOT OR RAILWAY SPECIFICATIONS 5. THRUST BLOCKING MAY BE USED IN LIEU OF TIE RODS WHERE FITTINGS MAY INTERFERE WITH RODS. THRUST BLOCKING OR TIE RODS MUST BE PROVIDED. TYPICAL ROADWAY JACK AND BORE FOR WATER AND SANITARY SEWER MAINS AUGUSTA-UTILITIES ENGINEERING DEPT. 2760 PEACH ORCHARD ROAD AUGUST A, GA. 30906 (706) 771-2648 FAX (706) 771-2646 DETAIL NO. 13.10 I I I I I I I I" I I I I I I I I I I I I I I I I I I ADDENDUM NO.2 TO TOBACCO ROAD 16" WATER MAIN AUGUSTA UTILITIES DEPARTMENT AUGUSTA, GEORGIA CITY PROJECT NO. 10106 BID ITEM NO: 02-080 MARCH 19,2002 Bidders on this Project are hereby notified that this Addendum shall be attached to and made part of the above-named Bid Package, dated January 2002. The following items are issued to add to, modify, and clarify the Bidding and Contract Documents. These items shall have full force and effect as the Bidding and Contract Documents, and costs involved shall be included in the bid prices. Bids to be submitted by the specified bid due date shall conform with the additions and revisions listed herein. Acknowledge receipt of this addendum by inserting its number and date on page P-4 of the -Bid Schedule (see Addendum No.1) and returning it with your bid. SPECIFICATIONS: SECTION SC: 1. Special Condition 8 (Shop Drawing Submittal), Page SC-3 - Delete Paragraph SC-8 in its entirety and Replace it with "Submit to the City's Program Manager, CH2M Hill, for review no later than four (4) weeks after Contractor's Notice to Proceed (and before any materials have been ordered) manufacturers catalog cut sheets, dimensioned drawings, and specifications for all pipe, valves, fittings, fire hydrants, and piping system appurtenances as specified in these Specifications and shown on the Drawings. The Program Manager's review of Contractor submittals does not relieve the contractor from meeting the requirements of the Contract Documents." 14-1 PRE-BID MEETING QUESTIONS AND ANSWERS: 1. Can US Pipe Field Lok Gaskets be used in lieu of Mega-Lug restraints, US Pipe Field Lok pipe, American Ductile Iron Pipe Flex-Ring or Lok-Ring Pipe? Answer: No, only those restraint systems specified in the specifications and Addendum No.1 will be allowed. 2. What are the specifications for the polyethylene encasement? Answer: Provide Class C (Black) polyethylene tubes per A WW A C105 and install where specified on the drawings. Material and installation shall be in accordance with ANSIIA WW A C105/A21.5-99. 14-2 I 'I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 INDEX FOR CONTRACT DOCUMENTS Title Pa2e INDEX ........... ..... ... ..... ...... ..... ......... ............. .................... ................... ....................... .... ....... 1-1 INVITATION FOR BIDS...... .................... ......... ........................ ...... ..... .......... ............. ...... B-1 INSTRUCTIONS TO BIDDERS ................ .................... ...................... ............... ........... ..IB-l PROPOSAL ........ ... .... .......... ........ ...... .... ..... ..... ...... ...... ........... ...... ...... ... ....... ..... .... ..... ...... ... P-l MEASUREMENT AND PAYMENT .............................................................................. MP-l BID BOND............. ......... .......... ........ ...... ......... ........ .... ................... ......................... ........ BB-l AGREEMENT .......................................................................,.............................................A-l PERFORMANCE BOND.......................................................................................... PERFB-l PAYMENT BOND............ ...... ....... .................. ...... ....... ...... ...... ............ ......... ......... P A YMB-l GENERAL CONDITIONS ................ ................................................. ............................. GC-l PAYMENT APPLICATION AND CERTIFICATE...................................................... P AC-l SUPPLEMENTARY CONDITIONS ................ ........... ................... .................................. SC-I TECHNICAL SPECIFICATIONS: 14A WATER DISTRIBUTION SYSTEMS .........................................................14-1 14B SANITARY SEWER SYSTEMS ................................................................14-11 14C EXCAVATION AND BACKFILLING ......................................................14-13 EASEMENT PLAT FOR PEPPERIDGE POINTE INC. EASEMENT PLAT FOR GRACEWOOD PARK I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 INVITATION FOR BIDS SEALED BIDS for the construction of approximately 14,000 linear feet of 16-inch diameter ductile iron pipe and appurtenances for potable water service, hereinafter referred to by project name: TOBACCO ROAD 16" WATER MAIN CITY PROJECT NO. 10106 will be received by: Augusta-Richmond County Commission Hereinafter referred to as the OWNER at the offices of Geri A. Sams Augusta-Richmond Purchasing Department 530 Greene Street - Room 605 Until 3:00 P.M. on the 2nd day of April opened and read in the presence of those interested. , at which time all bids will be publicly Copies of the Contract Documents may be examined during regular business hours at the offices of: Augusta-Richmond Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 Copies may be obtained at the office of Augusta-Richmond Purchasing Department upon payment of$1 00.00 (NON-REFUNDABLE) for each set. A mandatory pre-bid meeting will be held at thePurchasinJ?; Department Conference Room on 3/19/02 at 10:00 A.M. All interested bidders must attend. A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder's qualifications; a 100% Performance Bond and a 100% Payment Bond will be required for contract award. The OWNER reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark Bid Item Number on the outside of the envelope. It is the wish of the Owner that minority businesses be given the opportunity to bid on the various parts ofthe Work. This desire on the part of Owner is not intended to restrict or limit competitive bidding or to increase the cost of the Work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle Augusta Focus B-1 I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 INSTRUCTIONS TO BIDDERS IB-Ol GENERAL All proposals shall be presented in a sealed envelope, addressed to the Owner. The proposal shall be filed with the Owner on or before the time stated in the Invitation for Bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Ms. Geri A. Sams, Augusta- Richmond Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia 30911, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions 111 the IB-l Tobacco Road 16" Water Main City Project No. 10106 invitation, on the bid form, or in the specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. A 10% Bid Bond is required. IB-OS BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10 I 06 1:0-07 JPElRFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract sat~sfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-09 MINORlfTY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price, and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. END OF SECTION IB-3 I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 PROPOSAL For Tobacco Road 16" Water Main City Project No. 10106 The Augusta-Richmond County Commission Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned, as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents: 3. He understands that information relative to existing structures and underground utilities as furnished to him on the Drawings, the Contract Documents, or by the Augusta Utilities Department carries no guarantee expressed or implied, as to its completeness or accuracy and he has made due allowances therefore; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted he will contract with the Augusta- Richmond County Commission of Georgia, to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish materials called for in accordance with the requirements of the Director of the Augusta Utilities Department and the true intent of the Contract Documents and that he will take in full payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (NOTE: Bidders must bid on each item.) P-I ...-.....--....-..... Tobacco Road 16" Water r-,.lain II City Project No. 10106 ~ BID SHCEDULE Item Description Units I Quantity Unit Price Water Main 16" diameter ductile iron water transmission main Pressure LF Class 350, standard joint, including Type II bedding material ., 16" diameter ductile iron water transmission main Pressure LF - Class 350. restrained joint, including Type II bedding material ., 12" diameter ductile iron water transmission main Pressure LF -' Class 350. restrained joint. including Type II bedding material ~ I 4" diameter PYC force main LF 15 5 11a~k and Bo:~ 30" dia~eter. steel c~sing, minimum wall LF 270 thickness 0.:> mch. carner pipe not mcluded :. 6 Carrier pipe for jack and bore, 16" diameter, ductile iron pipe, LF 270 restrained joint. Pressure Class 350 7 Georgia DOT Type I. Class I & U Backfill Cy 500 8 16" diameter ductile iron restrained mechanical joint 900 bend EA 9 16" diameter ductile iron restrained mechanical joint 450 bend EA 10 16" diameter ductile iron restrained mechanical joint 22.50 EA bend 11 14" x 14" x 14" diameter restrained mechanical joint tee EA 1 12 16" x 14" diameter restrained mechanical joint reducer EA 1 13 16" x 12" diameter restrained mechanical joint wye EA I 14 16" diameter in-line butterfly valve, including valve box, EA 7 installed. complete. open left 15 14" diameter in-line butterfly valve, including valve box, EA installed, complete, open left 16 4" diameter combination air release/air vacuum valve EA 5 including pre-cast concrete vault and cover, installed, complete .P;6 17 Fire hydrant assembly, including hydrant, 6" diameter ductile EA 2 iron piping, 6" diameter gate valve and box (open left), and 16"x 6" diameter mechanical joint tee. 18 Polyethylene encasement of water transmission main LF .830 19 Flowable Fill CY 250 P-2 , t .... . ;_..1. Tobacco Road 16" Water ~fain I City Project No. 10106 Item Description Units Quantity Unit Total Price Price SY 1.706 !> 1?CofO 1L1.'t~s.. .~o SY 1050 /.Ja K.SS Is- ~'13Z..?S LF 631 ~ 1'2..~~ '--, 2..,.28 SY 31 J, 3~.o& ~ \ '2. H . eta Pavement Structures ~o : Paving repair-cross cuts and patches .-: I . 6" thick concrete dri\"eways ." ; 24" concrete curb and gutter 23 I Misc. concrete (medians. etc.) I I Miscellaneous 24 i Silt fence, Type "A" ~5 : Inlet sediment trap, fabric 26 I Curb inlet filter 27 I Clearing and grubbing .2 8 Grassing 29 J Lump sum construction (See listing below) 30 ; All other work not covered by Bid Items 1-29 LF 3.sss ., S I?Z~ EA 6 (. s". Z't EA 4 SF I &00 ACRE I 3.5 LS I LS I Lump Sum Construction I Note: Lump sum construction items include but are not limited to the ':Jllowing. Item j Description 5 6 7 1 1 Units I Quantity Unit Total LF so EA 1 LS 1 LS I I 2 3 4 I Remove and reset fences, all types ! Remove and reset water valve, size varies I Property restoration Erosion and sediment control (construction exits. rip-rap, misc. erosion control structures) not including Bid Items ! 23-25 Traffic control Miscellaneous grading I Ba~terial testing and sterilization of water transmission mam ''''ll5'$ LS LS LF Total Base Bid: Il'ukl~ ~,J.:~t:"oll,..iJ.D~"ISe.~~...Jr.eiS:~Two"~ollars ($ G..!.<<f.. 'l.2.."U-t~ The contract covering the construction of all work described above will be completed within 240 consecutive calendar days from the date specified in the "Notice to Proceed", subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $250 for each consecutive calendar day thereafter. I I I I It is understood that the Owner reserved the right to reject any and all proposals or to accept any proposal as deemed to be in the best interest of the Owner. .-. .. ~~F~~MWAN'<>-~. " P-3 ~obacco Road 16" Water Main City Project No. 10106 Addendum No. I, March 19,2002 It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date No. 1 V~~ :r"J4-o?. No.2 'i.:..s 3 - t. z. -02.. NO.3 The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner with satisfactory Performance and Payment Bonds in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or Certified Check in the amount of s:"'\y~~ +Tl..DiJ~ r..... i)ell_~ p ~ Dollars ($ ~a. D'O.o LI ) being not less than ten (10%) percent of the total base bid sum. (Refer to Bid Bond Section.) Should the bidder fail to execute the Contract and furnish the Performance and Payment Bond in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is the proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bond. The successful bidder shall have a current Business Lic The Owner is an Equal Opportunity Employer. '&~s. PA.V~~1J.T N..AIAlTbJ.IW~i:.MAA.P.4N... ~. Name of Bidder ' Date: 4.p"': I p-~ I :t J'V'\~ 2..:z.J'.~ A.h-':'~ ~~ Business Address ~"'.P,..L. "Lc:../", - J S~ 24A~1.. City and State J END OF SECTION P-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10 1 06 MEASUREMENT AND PAYMENT 1. All piping line items (Bid Items 1 through 4 on Bid Schedule) shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, sheeting and shoring, dewatering, asphalt cutting, normal joints and gaskets, and normal backfill (as defmed in Section 14C of the Technical Specifications) and compaction. These payment line items shall also include all mobilization and demobilization costs and all costs for permits, bonds, insurance, temporary facilities, surveys, and other items necessary to complete the work of this contract not covered by bid items 2 through 28. No additional payment shall be made for these items. 2. Jack and bore line items (Bid Items 5 and 6) shall be measured in linear feet and shall include costs for piping and installation, blasting, asphalt cutting, normal joints and gaskets, and normal backfill (as defined in Section 14C of the Technical Specifications) and compaction. No additional payment shall be made for these items. 3. Georgia DOT Type I, Class I and II backfill (Bid Item 7) shall be measured in cubic yards and shall include costs for the backfill, installation and compaction as well as all transportation and stockpiling charges to remove unusedjob excavated material and provide suitable off-site borrow. No additional payment shall be made for this item. 4. Miscellaneous pipe fittings and connections (Bid Items 8 through 13) shall be measured by the actual number of fittings furnished and installed. Payment for the work will be made at the Contract Unit Prices and shall be full compensation for the items of work including furnishing and installing fittings and mechanical restraints at fitting j oints, complete with all necessary incidental work required to complete the work and all materials, labor, tools, and equipment. Retainer glandslMega-Lugs shall not be considered a fitting. No additional payment will be made for these items. 5. All valve line items (Bid Items 14 through 16) shall be measured by the actual number of valves furnished and installed. Payment for the work will be made at the Contract Unit Prices and shall be full compensation for the items of work including all valves, valve boxes/vaults and valve extensions furnished and installed, and excavation, dewatering, asphalt/concrete cutting, all associated fittings, installation, normal backfill (as defined in Section 14C of the Technical Specifications) and testing. No additional payment shall be made for these items. 6. Fire hydrant assembly (Bid Item 17) shall be measured by the actual number of hydrants installed. Payment for work will be made at the contract unit prices and shall be full compensation for the items of work including labor, furnishing, and installing the hydrant, 6" ductile iron piping, 6" mechanical joint gate valve and box and 6" x 6" mechanical joint tee, including joint restraints or thrust blocking. 7. Polyethylene pipe encasement (Bid Item 18) shall be measured in linear feet and shall include costs for pipe, polyethylene materials, installation, excavation, dewatering, soil MP-1 Tobacco Road 16" Water Main City Project No. 10106 stabilization, pipe stabilization, asphalt cutting, and normal backfill (as defined in Section 14C of the Technical Specifications). No additional payment shall be made for this item. 8. Flowable Fill (Bid Item 19) shall be measured in cubic yards and shall include costs for all materials, labor, equipment, and excess materials to provide and place flowable fill as defined in Section 14C of the Technical Specifications. No additional payment shall be made for this item. 9. Paving Repair - cross cuts and patches (Bid Item 20) shall be measured in square yards and shall include all materials, labor, and equipment to saw cut, remove, and replace pavement structures in accordance with Augusta-Richmond County Rights-of-way Encroachment Standards. This bid item shall include all sub-base and sub-grade, cement concrete or soil cement base, asphalt and bituminous tack coat or prime coat required to replace pavement as well as milling and resurfacing (asphalt overlay). This bid item shall be full compensation for pavement removal and replacement, milling and resurfacing (asphalt overlay) including striping (temporary and permanent), placing and removing all traffic signs and barriers, maintaining traffic, and cleaning up the site. No additional payment will be made for this item. 10. 6-inch thick concrete driveways (Bid Item 21) shall be measured in square yards and shall include all materials, labor, equipment, and material removed and disposal costs to construct concrete driveways. No additional payment shall be made for this item. 11. Curb and gutter replacement (Bid Item 22) shall be measured in linear feet and shall include costs for concrete, installation, site preparation, formwork, and finishing to replace curb and gutter. No additional payment shall be made for this item. 12. Miscellaneous concrete (Bid Item 23) shall be measured in square yards and shall include all materials, labor, equipment and material removed and disposal costs to cut, remove, and replace concrete medians and drainage swails (gutter). No additional payment shall be made for this item. 13. Silt fence (Bid Item 24) shall be measured in linear feet and shall include costs for silt fence material, installation, cleaning, maintaining, and removal and disposal of collected material. No additional payment shall be made for this item. 14. Fabric inlet sediment traps (Bid Item 25) shall be measured by the actual number of fabric inlet sediment traps furnished and installed, and shall include all materials, labor and equipment to furnish, install, and maintain the sediment traps. Payment for the work will be made at the Contract Unit Price and shall be full 'compensation for the items of work complete with all necessary incidental work required to complete the work. No additional payment will be made for this item. 15. Curb inlet filter (Bid Item 26) shall be measured by the actual number of curb inlet filters furnished and installed, and shall include all materials, labor and equipment to furnish, install, and maintain the curb inlet filters. Payment for the work will be made at the Contract MP-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 Unit Price and shall be full compensation for the items of work complete with all necessary incidental work required to complete the work. No additional payment will be made for this item. 16. Clearing and grubbing (Bid Item 27) shall be measured in acres and shall include costs for vegetation removal, stockpiling, disposal and any required permitting. No additional payment shall be made for this item. 17. Grassing (Bid Item 28) shall be measured in acres and shall include costs for both temporary and permanent grass seed (type as specified), installation, soil stabilization, and soil amendments (fertilizer, etc.) as required. No additional payment shall be made for this item. 18. Lump sum construction (Bid Item 29) includes, but is not limited to, the items described in the Lump Sum Construction Bid Schedule. No additional payment shall be made for this item. 19. All other work (Bid Item 30): Payment shall be made to the contractor on a lump sum basis for all other work as specified in the contract documents to complete the Work not specifically included in Bid Items 1-29 above. END OF SECTION MP-3 I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 BID BOND KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto the Augusta-Richmond County Commission as Owner in the penal sum of ten percent (10%) of the Total Base Bid amount for the payment of which, well and truly be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of ,200_ The Condition of the above obligation is such that whereas the Principal has submitted to Augusta-Richmond County Commission a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Tobacco Road 16-Inch Water Main, City Project No. 10106. NOW THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his/her faithful performance of said Contract, furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. BB-l Tobacco Road 16" Water Main City Project No. 10106 IN WIlNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal (Print Full Name) Surety (Print Full Name) By: (L.S.) (L.S.) By: TITLE: TITLE: 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. END OF SECTION BB-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 AGREEMENT TIllS AGREEMENT, made on the -.!l!!day of 5?J~ ' 200J,;by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-Rl HMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and .t:fy.#l';s. !i~Nr ~/~~N~ r1Ae.. . ,party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Tobacco Road 16" Water Main, City Project No. 10106 and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Supplementary Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 60 calendar days after the date of written notice by the Owner or the Contractor to proceed. All work shall be completed within 180 calendar days with all such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. A-I Tobacco Road 16" Water Main City Project No. 10106 IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Two - Hundred Fifty ($250) Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. ~... \ . The saidi amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the Proposal and Bid Schedule. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment Refer to Article 14 of the General Conditions. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT Refer to Article 14 of the General Conditions. A-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 IN WIlNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. (SEAL) (SEAL) 1l-~ ecretary ~M~ ~y: CfJ As its Mayor CONTRACTOR: ~tA?t' ~ t~tXPAJ7 J.,k;:.:A c. ~ By: ~ a~ As its ~ a .. ~~,a, .-J. Address: 2..3 3~,A.~ ~ ~ :t:s/a-#oII:J S c: 2 9 'i""~"2- A-3 I I I I I I I I I I I I I I I I I I" I BOND NO. 561 95 35 Construction Performance Bond Any singular reference to Contractor. Surety. Owner or other pany shall be considered plural where applicable. CONTRACTOR (Name and Address): Beam's Pavement Maintenance Company, Inc. 2335 Atomic Road Beech Island, South Carolina 29842 OWNER (Name and Address): Augusta-Richmond County Commission 530 Greene Street, Room 605 Augsuta, Georgia 30911 CONSTRUCTION CONTRACT Date: Amount: $684,762.36 Description (Name and Location,: Tobacco Road 16" Water Main,. Augusta, City Project No. 10136 BOND Date eNot earlier than Construction Contract Date': Amount: $684,762.36 Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: SURETY (Name and Principal Place of Business): Great American Insurance Company . 4505 Falls of Neuse Rd.,Ste.600 Raleigh, North Carolina 27609-6265 GA Counterdgned by~ lR. w4~ hn R. Walker orgia Resident Agent SURETY (COfl'. Seal) Company: (Corp. Seal) Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Beam' s paveme~intenance C.ompany, Inc. Signature: .~ 1A"4-~ #. Name and Title: WITNESS AS TO PRINCIPAL: Signature: Name and Title: SURETY ComDan~:_ . Grellt AllIer Signature: Name and Title: Barbara H. Regi ter Attorney-in-Fact WITNESS AS TO SU~ETY: . ~tVVL~. Gtt ~~~ EJCDC No. 19 I 0-28A (1984 Edition) .. Prepared"through the joint erTons or The'Surety Association.of America. Engineers' jOint Contract. ocumenlS Committee. The Associated General Conlfactors of America. and the American Institute of Architects. PERFB-l I. The Contractor and the Surety. jointly and severally. bind themselves. their heirs. executors. administrators. successors and assigns to the Owner for the pen'ormance of the Construction Contract. which is incorporated herein by reference. 1. If the Ctlntractor penorms the Construction Contract. the Surelv and Ihe Conlractor shall have no obligation under Ihis Bond. ellCept 10 par- ticipate in conferences as provided in Subparagraph .3.1. l. If there is no Owner Default. Ihe Surety's obligalion under Ihis Bond shall arise afler: 3.1. The Owner has notified the Conlractor and the Suret\. at its address described in Paragraph 10 beluw. Ihat Ihe Owner'is considering declaring a Contractor Defauh and has requested and Dllempted to arrange a conference with the Contractor and the Surelv to be held nOI later than fineen days after receipt of such noiice to discuss melhods of periorming the Construction Conlracl. If the Owner. the Contractor and the Surety agree. the Contractor shall be allowed a reasonable time to penorm the Construction Con- tract. but such an agreement shall not waive the Owner's right. if any. subsequently to declare 11 Contractor Default: and 3.1. The Owner has declared a Contractor Default and formallv ter- minated the Contractor's right to complete the contract. 'Such Contractor Defauh shall not be declared eartier than twenty days after the Contraclor and the SurelY have received nOlice as pro. \'ided in Subparagraph 3.1: and i.3. The Owner has agreed to pay the Balance of the Contract Price 10 Ihe Surety in accordance with the terms of the Construction Contract or to a contractor selected to penorm the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3. the Surety shall promptly and al the SurelY's expense take one of the following actions: 4.1. Arrange for the Contractor. with consent of the Owner. 10 perform and complele the Construction Contract: or 4.~. Undenake 10 perform and complete the Construction Contract itself. through ils agents or through independent contractors: or 4.3. Obtain bids or negotiated proposals from qualified contractors acceplable to the Owner for a contract tor performance and com- pletion of the Construclion Contract. arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence. to be secured with penormance and payment bonds executed by a qualified surety equivalent 10 the bonds issued on the ConslnlCtion Contract. and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred bv the Owner resulting from the Contractor's defauh: or . 4.4. Waive ils right to perform and complete. arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation. determine the amount for which it may be liable to the Owner and. as soon as practicable after the amounl is determined. tender payment therefor to the Owner: or "I Deny liability in whole or in pan and notify'the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reason- able promptness. the Surety shall be deemed to be in defauh on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond. and the Owner shall be entitled to enforce any re,!,edy available to . . the Owner. If the Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the payment tendered or the Surety has denied liability. in whole or in pan. without funher notice the Owner shaD be entitled to enforce any remedy available to the Owner. fl. Afler the Owner has terminated the Contractor's right to complete thel Construction Contract. and if the Surely elects to act under Subparagraph 4.1.4.2. or4.3 above. then the responsibilities of the Surety to Ihe Owner shall not be grealer Ihan those of Ihe Contractor und~r the Construction Contract. nnd the responsibilities of the Owner to the Surety shall not be I greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond. bUI subject to commitment by the Owner of the Balance of the Contract Price 10 mitigation' of cosu and damages on the Construction Contract. the SurelY is obligated without duplication I for: f1.I. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: 6.:!. Additional lep!. design professional and delay costs resulting I from the Contractor.s Default. and resulting from the actions or failure to act of the Surety under Paragraph 4: and 6.3. Liquidated damages. or if no liquidated damages are spec:died in the Construction Contract. actual damllles caused by delayed perfonnance or non-performance of the Contractor. I 7. The Surety shall not be liable to the Owner or others for Obligations of the Contractor that are unrelated 10 the Construction Contract. and the Balance of the Contract Price shall nOl be reduced or set off' on accou~t of any such unrelated obligations. No right of action shall accrue on tltis I Bond'to any person or entity other than the Owner or its heirs. executors. ;adminislrators. or successors. II. The Surety hereby waives notice of any change. incJucling changes of time. to the Construction Contract or to related subcontracts. purchase orders and other obligations. I 9. Any proceeding. legal or equitable. under this Bond may be instilUlCd in any coun of competent jurisdiction in the location in which the work or part ofthe work is located and sball be instituted within twO years after Contractor Default or within two years after the Contractor ceased work- I ing or within two years after the Surety refuses or fails to ~~rm its obligations under this Bond. whichever occun first. If the proVISIOns of this Paragraph are void or prohibited by I~w. th~ ~~ill!um period ~f limitation available to sureties as a defense In the JunSdtCllOn of the sUIL shall be applicable. I 10. Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. II When this Bond has been furnished to comply with a statutory or other leal requirement in the location where the construCtion was to be performec.. any provision in this Bond condicting with said s~~utory or I lepl requirement shall be deemed deleted be~m and proVISions con- forming to such statutory or other legal requU'Cment shall be deemed incorporated herein. The intent is that this Bond shall be coll5U1led as a statutory bond and not as a common law bond. I I:!. Definitions. 1:!.1. Balance of the Contract Price: The total amount payable by the Owner to Ihe Contractor under the Construction Contract after nil proper adjustments have been made. including allowance to the Contractor of any amounts received or to be received by I Ihe Owner in settlement of insurance or other claims for dam- ages to which the Contractor is entitled. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. I I :!.2. Construction Contract: The agreement between th~ Own~ and the Contractor identified on the signature page, Indudlng all Conlract Documents and changes thereto. '. I :!.3. Contractor Default: Failure of the Contractor. which has neither I been remedied nor waived. to perform or otherwise to comply with the terms of tbe ConstrUction Contract. 1:!.4. Owner Default: Failure of the Owner. which has neither been remedied nor waived, to pay the Contractor as required by the ConstrUction Contract or to perform and complete or comply .1 with the other terms thereof. I I (fOR INfORMATION ONLY-Name, Address and Telephone) AGENT or BROKER:.: ' OWNER'S REPRESENTATIVE (Architect, Engineer or other party): I Davis-Garvin Agency;' Inc.-' P~O. Box 21627, Columbia, SC 29221 (803) 732 -0060 PERFB-2 II I I I I I I I I I I I I I I I I I I I COnstruction Payment Bond BOND NO. 561 95 35 Any singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Beam's Pavement Maintenance Company, Inc. 2335 Atomic Road Beech Island, South Carolina 29842 SURETY (Name and Principal Place of Business): Great American Insurance Company 4505 Falls of Neuse Rd.,Ste.600 Raleigh, North Carolina 27609-6265 OWNER (Name and Address): Augusta-Richmond County Commission 530 Greene Street, Room 605 Augusta, Georgia 30911 CONSTRUCTION CONTRACT Date: Amount: $684,762.36 Description (Name and Location): Tobacco Road 16" Water Main, Augusta, GA City Project No. 10136 BOND Date (Not earlier than Construction Contract Date): Amount: $684 762.36 Modifications to t~is Bond Form: Countersi.gned bY~ {l. W..~ hn R. Walker orgia Resident Agent CONTRACTOR AS PRINCIPAL Company: SURETY Company: (Corp. Seal) (Corp. Seal) Signature: Name and Title: Signature: Name and Title: CONTRACTOR AS PRINCIPAL Co~any: (COil). Seal) Beam s pavement,Xintenance Company, .lnc. Signature: hn- a ~.d.f Name and Title: 6 SURETY ComDanv: . c-rea't llmer1c Barbara H. Regis Attorney-in-Fact WITN.E1\ ~ TO PRIIICIPAL:. ~M~ .JiJCDC No. 1910-288 (1984 Edition) Pre1m.red Ihrough the joint effons orthe SurelY ,~5Sociation of America.' Engineers' Joint Con Documents Committee. The Associated General Contractors of America. American Inslitute of Architects. American Subcontractors Association. and the Associated Specialty .Contractors. . . PAYMB-l WrTIIESS AS TO. SURETY: I. The Conullctor and the Surety. jointly and severally. bind themselves. their heirs. executors. administrators. successors and assigns to the Owner to pay for labor. materials and equipment furnished for use in the penor. mancc ot the Construction Contract. which is incorporated herein by referencc. 2. With respect to the Owner. this obligation shall be null and void if ihe Contractor: :.1. Promptly makes payment. directly or indirectly. for all sums due Claimants. and :.:. Dc:fends. indemniiies and holds harmless the Owner from all claims. Jemands. liens or suits by any person or entity who furnished labor. materials or equipment for use in the penormance of the Construction Contract. provided the Owner has promptly notined Ihe Contractor and the Surety (at the address described in Para. graph 12) of any claims. demands. liens or suits and tendered Jcfense of such claims. demands. liens or suits to the Contractor and the Surety. and provided there is no Owner Default. J. With respect to Oaimants. this obligation shall be nuD and ,'oid if the Contractor promptly makes payment. directly or indirectly. lor all sums due. ~. The Surety shaD have no obliption to Claimants underthis Bond until: ".1. Claimants who are employed by or have a direct contract wilh the Contractor have given notice to the Surety lat the address described in Pangr2ph 12) and sent a copy. or notice thereof. to the Owner. stating that a claim is beinl made under this 80nd and. with subslantial accuracy. the amount ohhe claim. ~.:. Claimants who do not have adirect contract with the Contractor: I. Have furnished writlen notice to the Contractor and sent a copy. or notice thereof. to the Owner. within W dayS after havinllast performed labor or last furnished materials orequip- ment included in Ihe claim statinll. with substantial accuracy. the amount Qf the claim and the name 9f the pany to whom the materials were furnished or supplied or for whom the labor was done or penonned: and .. Have either received a rejection in whole or in pan from Ihe Contractor. or nOI received within 30 days of furniShing the above notice any communication (rom the Contractor bv which the. Contractor has indicated the claim will be paid directly or indirectly: and ::. ~ot havinl been paid within the above 30 days. have sent a writlen notice to the Surety tat tlie address described in Para. lraph 12) and sent a copy. or notice thereof. to the Owner. stating that a claim is being made under this Bond and enclosinR a copy of the previous written notice fiunished to the Con: tractor. ~. If a notice required by Paragraph 4 is given by the Owner to the Conlractor or to the Surety. that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4. the Sumy shall promptly and at the Surety's expense take Ihe tollowing actions: 6.1. Send an answer to the Claimant. with a copy to the Owner. within ~S days after receipt of the claim. stating the amounts that are undisputed and the basis for Challenging any amounts that are disputed. 6.2. Payor arranlle for payment of any undisputed amounts. i. Tbe Surety's total obliplion shall not exceed the amount of this 80nd. and the amount of this 80nd shall be credited for any payments made in 1l00d faith by the Surety. .8. Amounts owed by the Owner to the ContractOr under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims. if any. under any Constnlction Performance Bond.1 By the Contractor furnishing and the Owner accepting this Bond. they auee that all funds earned by the Contraclor in the performance of the Cunstnlction Contract are dedicated to satisfy obliptions of the con-I tractor and the Surety under this Bond. subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner. Claimants or others (or cJbligations of the Contractor that are unrelated to the ConstrUction con-I lract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond. and shall have under tllis Bond .nu obliptions to make payments to. give notices on behalf of. or othel"WlK have obliRations to Claimants under this Bond. I 10. Tbe Surety hereby waives notice of any change. including changes ot" time. to Ille Construction Contract or to related subconll'aclS. purchase orden and other obliptions. II. No suit or action shall be commenced by a CIaimam under this Bond I otller than in a coun of competenljurisdiction in die location in which the 1..Orlt or pan of Ihe worit is located or after the expiration of one year from. the date t I>> on which the Claimant gave the notice required by Subparall'8ph 4.1 or Clause 4.2 fiii). or (2) on whicb die last labor or service was pertormed by anyone or the IasI materials or equipment were I furnished by anyone under the Construction Contract. ~hiehever !'~ ( I J or. 2) lint eccun. Inhe provisions of this Palapapb are votd or prohibited by law. the minimum period of limiwion available to sureties as a defense in the jurisdiction of the suit shaJJ be applicable. , I 12. ~olice to the Suretv. the Owner or the CODlraClor shaD be mailed or delivered to the address shown on the signature page. Aaual receipt ui notice by Surety. the Owner or the Contnctor. however accomplished. shall be sufficient compliance as of the dale n:c:cived allhe address shown on the signature page. . I 13. When this Bond has been furnished to comply with a Slawtory or other legal requirement in the location where the constrUction was to be perfonned. any provision in this Bond condicling with said s~utory or Icpl requirement shal.1 be deemed deleted Ile~m and proVISions con- forming to such statutory or other Ie'" reqwrement shall be deemed incorporated herein. The intent is. that this Bond shall be construed as a statutory bond and not as a common law bond. I~. Upon request by any person or entity appearing to ~ a potential. beneficiarY of this Bond. the Contractor shall promptly furmsh a copy Of this Bond 'or shall permit a copy to be made. Ij. DEFlNmONS 15.1. Claimant: An individual or entity having a direct contract witll the Contractor or with a subconuactor of the Contractor to furnish labor. materials or equipment for use in the perfonnance of the Contract. The intent of this Bond shaJJ be to include without limitation in the terms "labor. materials or equipment" that pan of water. gas. power. light. heat. oil. pso!ine. telephone se~ic:e or rental equipment used in the CollSUUClton Contract. architec- tural and engineering services required for perfonnance of the worlt of the Contractor and the Contractor's subcontractors. and all otller items for which a mechanic's lien may be assened in the jurisdiction where the labor. materials or eqUipment. wen: furnished. 1S.2. Conslnlction Contract: The IIp'CCIIlCnt between .the Owner and the Contractor identified on the signature pap. including aU Contract Documents and changes thereto. lS.l. Owner Default: Failure of Ihe Owner. which has neither been remedied nor waiYed~ 10 pay the Contractor as required by the Construction Contraa or to perform and complete or comply with the other tenns thereof. I I I I I I I I: I: (FOR INFORMATION ONLY-Name. Address and Telephone) AGENT or BROKER: OWNER"S REPRESENTATIVE (Architect. Engineer Qf other pany,: Davis-Garvin Agency,. Inc. . P.O. Box 21627, ColUmbia, SC 29221 (803) 732 0060 PAYMB-2 I I Cit&\T ANERlG\N INSURANCE COMA\NYe 680 WALNUT STREET. CINCINNATI. OHIO 462i)2. 5'~-369-5000. FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 17088 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power BARBARA H. REGISTER COLUMB~, SOUTH CAROLINA ALL JACK C. SMITH, JR. COLUMBIA, SOUTH CAroLINA UNLIMITED HERBERT L. DECUERS COLUMBIA, SOUTH CAROLINA JOHN R. WALKER MACON GEDRGIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7th day of November 2000 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 7th day of NJvember, 2000 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FUR THER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with tbe same force and effect as though manually affixed. . CERTIFICA TION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of 810298 (11/97) Client#: 4703 BEAMSPAV1 ACDBDru CERTIFICATE OF LIABILiTY INSURANCE I DATE (MMlDDlYV) OS/29/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Davis-Garvin Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 21627 HOLDER. THIS CER11F1CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Columbia, SC 29221-1627 800 845-3163 INSURERS AFFORDING COVERAGE INSURED INSURERA: Capital City Insurance Company Beam's Pavement Maintenance Co, Inc INSURERB: Hartford Insurance Company PO Box 398 INSURER C: Beech Island, SC 29842 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXClUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POUCY NUMBER '"g~.feY ~~~ ~~fl I~X~~~ UMITS LTR A GENERAL UABIUTY 08CLOO0845 04/01/02 04/01/03 EACH OCCURRENCE $1.000.000 !-- X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $100 000 I ClAIMS MADE [i] OCCUR MED EXP (Any OI1e person) $5.000 PERSONAL & ADV INJURY $1.000.000 GENERAL AGGREGATE $2 . 000 . 000 GEN'L AGGREGATE L1M IT APPLIES PER: PRODUCTS -COMPIOP AGO $2 , 000 . 000 "I POLICY n ~~RT n LOC A AUTo.'VloS.LE UABIUTY 08CA00846 04/01/02 04/01/03 COMBINED SINGLE LIMIT - $1,000,000 X ANY AUTO (Ea accident) - ALL OWNED AUTOS BOOIL Y INJURY (Per person) $ SCHEDULED AUTOS - X HIRED AUTOS BOOIL Y INJURY $ X NON-QWNED AUTOS (per accident) I- PROPERTY DAMAGE $ (Pet accident) qGE UABlUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS UABlUTY 08CUL05316 04/01/02 04/01/03 EACH OCCURRENCE $10 000 OO( ~ OCCUR D ClAIMS MADE AGGREGATE $10 000 OO( $ =;j DEDUCTIBLE $ X RETENTION 510000 5 A WORKERS COMPENSATION AND 08WCOO0540 04/01/02 04/01/03 X IT~~T~"W~ I IOJ::- EMPLOYERS' UABlUTY E.L EACH ACCIDENT $500,000 E.L DISEASE. EA EMPLOYEE $500,000 E.L DISEASE - POLICY LIMIT $500,000 B OTHER Leased or 22MSBE1528 04/01/02 04/01/03 $200,000 Limit Rented Equipment $2,500 Deductible DESCRIPTION OF OPERATIONSILOCATIONSlVEHICLESlEXCLUSlONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Tobacco Road 1611 Water Main, City Project No.10106 CERTIFICATE HOLDER I I AD DmONAL INSURED' INSURER LETTER: -.- CANCELLA110N SHOULD ANYOFTHE ABOVE DESCRIBED POUCIESBE CANCELLED BEFORE THE EXPIRATION Augusta-Richmond County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAlL3..D-DAYSWRlTTEN Commission NOTlCETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUTFAlLURE TO DO SO SHALL 530 Greene Street, Room 605 1M POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Augusta, GA 30911 REPRESENTATIVES. / A A'7/T-"REr:2~NTATIVE...AI ~ ',k I i '_ _ AI . - ~ ... i ~ ~ACORD 25-S fTl9n 1 of 2 #S76565/M75065 ~ BHJY @ ACORD CORPORATION 1988 " IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. '~ACORD25-S(7197)2 of 2 #S76S6S/M7S06S I I I I I I I I I I I I I I I I I I I . - Tobacco Road 16" Water Main City Project No. 10106 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by COUNTY to prospective Bidders prior to the time of opening of Bids. Agreement- The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents-The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of A ward) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement, Certificates of Insurance, Notice of Award, and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time-The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. GC-l # " Tobacco Road 16" Water Main City Project No. 10106 CONTRACTOR-The person, fIrm or corporation with whom OWNER has entered into the Agreement. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. Day-Either a working day or calendar day as specifIed in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or defIcient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of fInal payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings- The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of the Augusta, Georgia. Field Order-A written order issued by PROFESSIONAL that modifIes Drawings and SpecifIcations, but which does not inv9lve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division I of the SpecifIcations. Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders. Notice of A ward- The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specifIed, OWNER will sign and deliver the Agreement. Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fIxing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission. GC-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager-The professional in charge, serving COUNTY with architectural or engineering services, his successor, or any other person or persons, employed by said COUNTY, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative-The authorized representative of PROFESSIONAL who is assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion- The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. GC-3 Tobacco Road 16" Water Main City Project No. 10106 Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Price Work-Work to be paid for on the basis of unit prices. W ork- The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Directive Change-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non- engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. After the award ofthe Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. GC-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road] 6" Water Main City Project No. 10] 06 Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and PROJECT MANAGER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item ofW ork, which will be confirmed in writing by CONTRACTOR at the time of submission. 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which COUNTY may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. GC-5 Tobacco Road 16" Water Main City Project No. 10106 Pre-construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, PROJECT MANAGER, PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6, procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to Project Manager and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent ofthe Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not GC-6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10] 06 specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations application to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 904. 304. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more ofthe following ways: 3.6.1. a formal Written Amendment, 3.6.2. a Change Order (pursuant to paragraph to.3), or 3.6.3. a Work Directive Change (pursuant to paragraph IDA). GC-7 Tobacco Road 16" Water Main City Project No. 10106 As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). 3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or certification (pursuantto paragraph 9.4). Reuse of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies oil any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. ARTICLE 4-A V AILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to GC-8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give COUNTY notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNERs of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: GC-9 Tobacco Road 16" Water Main City Project No. 10106 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data: and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNERs of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. . Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in GC-IO I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. COUNTY shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable beliefit is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If COUNTY and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. COUNTY may have deleted such portion of the Work performed by COUNTY's own forces or others in accordance with Article 8. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE S-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed GC-Il Tobacco Road 16" Water Main City Project No. 10106 by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of" Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any ofthem may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; GC-12 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. Owner's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof(subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, GC-13 Tobacco Road 16" Water Main City Project No. 10106 Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). Unot covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar GC-14 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10 I 06 waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. Receipt and Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers wlless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in willing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with GC-15 Tobacco Road 16" Water Main City Project No. 10106 paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization-Property Insurance: 5.15. If 0 WNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification 5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by and of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against COUNTY or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless COUNTY and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. GC-16 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road) 6" Water Main City Project No. 10106 ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work, at all times during its progress a competent resident superintendent, who shall not be replaced without whiten notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. GC-17 Tobacco Road 16" Water Main City Project No. 10106 Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific. means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the General GC-18 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. ] 0] 06 Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. COllcerning Subcontractors. Suppliers and Otllers: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by falling to make written objec- tion thereto by the date indicated for acceptance or objection. In the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to payor to see to the payment of any GC-19 Tobacco Road 16" Water Main City Project No. 10106 moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any GC-20 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10]06 necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work. At the completion of the Work, CONTRACTOR shall remove ail waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: GC-21 Tobacco Road 16" Water Main City Project No. 10106 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided In connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's GC-22 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving personal injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and County that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the GC-23 Tobacco Road 16" Water Main City Project No. 10106 submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and County staff. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.25. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.1. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good ordc;:r by CONTRACTOR at the site and shall be available to PROFESSIONAL and Project Manager staff. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.28. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the Project Manager has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.29. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to Professional's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. GC-24 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 Continuing tile Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminates resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable laws and regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. GC-25 Tobacco Road 16" Water Main City Project No. 10 1 06 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. ARTICLE 7---0THER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by ailed OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in the other work. Coordination: 7.3. If 0 WNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the GC-26 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road] 6" Water Main City Project No. ]0106 extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. ARTICLE 8---0WNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, COUNTY shall issue all communications to CONTRACTOR through the Project Manager or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifYing and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's rightto terminate services of CONTRACTOR under certain circumstances. GC-27 Tobacco Road] 6" Water Main City Project No. 10]06 ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFES- SIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. AutllOrized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract GC-28 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will bc binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinationsfor Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work perfonned by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes m the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such GC-29 Tobacco Road] 6" Water Main City Project No. 10]06 claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omISSIons of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. ARTICLE lO--CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The Project Manager shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the Project Manager may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization ofa Change GC-30 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with Section 11.3. The Work Directive Change will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Directive Change, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Construction Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. 10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE ll-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No GC-31 Tobacco Road 16" Water Main City Project No. 10] 06 claim for an adjustment in the Contract Price will be valid ifnot submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order. 11.3 .6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of tire Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by GC-32 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not GC-33 Tobacco Road 16" Water Main City Project No. 10106 owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs oftransportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for tlle Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of . determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5. 8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, PROFESSIONALs, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not GC- 34 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; Work: 11.6.2. a fee based on the following percentages of the various portions of the Cost of the 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3, 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a GC-35 Tobacco Road 16" Water Main City Project No. 10106 deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and 11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL, CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids GC-36 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. ARTICLE 12--CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and Proj ect Manager within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such occurrence unless the Project Manager allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. GC-37 Tobacco Road 16" Water Main City Project No.1 01 06 ARTICLE 13--W ARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. Access to Work: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates ofInspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). GC- 38 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 13.6. Ifany 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 PROF- EssIoNAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, owner may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Owner May Stop tlte Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. GC-39 Tobacco Road 16" Water Main City Project No. 10 I 06 Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non- defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. One Year Correction Period: 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other PROFESSIONALs) will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, also PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. GC-40 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10] 06 OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be limited to, fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13 .15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident GC-41 Tobacco Road 16" Water Main City Project No. 10106 PROFESSIONALs shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. ARTICLE 14-P A YMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR (example Payment Application is attached to the General Conditions) covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the \\fork but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writiIlg a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the GC-42 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROF- ESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give GC-43 Tobacco Road 16" Water Main City Project No. 10106 CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROF- ESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: GC-44 I I I I 'I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify, OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of (the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in 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 corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3 . No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. FinaL Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection GC-45 Tobacco Road ]6" Water Main City Project No. 10] 06 reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. FinalApplicationforPaymen~ 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers ofliens and as approved by County, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 14.12.1. No application for final payment will be accepted by OWNER until approved as- built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. 14.12.2. Notwithstanding any other provision ofthese contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract GC-46 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRA CTOR's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14. 16). Waiver o/Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11 from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. GC-47 Tobacco Road 16" Water Main City Project No. 10106 ARTICLE 15--SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of anyone or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; GC-48 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. Termination for Convenience 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and GC-49 Tobacco Road 16" Water Main City Project No. 10106 15.4.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty-one days after it is submitted, or OWNER has failed for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days written notice to OWNER and PROFESSIONAL stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. ARTICLE 16--DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered GC-50 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. ARTICLE 17-MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a GC-51 Tobacco Road 16" Water Main City Project No. 10106 limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract D~cuments in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date offmal completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O. C. G.A. Section 13 -11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. Substitutions: 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. Sanitary Sewer Overflow Prevention: 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction: 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. GC-52 I I I I I I I I I '1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I Tobacco Road 16" Water Main City Project No. 10106 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9.5 In the event ofa discharge of untreated wastewater, the CONTRACTOR will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate. 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the Owner, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta, GA 30901. The presence or duties of PROGRAM MANAGER's persOlmel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. GC-53 Tobacco Road 16" Water Main City Project No. 10 106 PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM MANAGER's own personnel. The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work END OF SECTION GC-54 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I TITLE: PURPOSE: PREPARED BY: DIRECTED TO: COPIES TO: COMMENTS: Payment Application and Certificate - CONTRACTOR Summary sheet for use with Contractor's partial payment. When signed by Contractor, acts as a release of liens for materials and work paid for in that estimate; also provides for Engineer's certification to the Owner of payment due to the Contractor. Contractor Engineer or Program Manager (for review and approval); Engineer submits this to the Program Manager, who approves it and submits it to the Augusta Utilities Department Finance Director for payment. Engineer and Program Manager as applicable Contractor's pay estimate and supporting documents must be attached before processing. Attach "Certificate of Consulting Engineer". PAC-1 AUGUSTA UTILITIES DEPARTMENT CAPITAL IMPROVEMENTS PROGRAM Payment Application and Certificate DATE: I I SHEET OF I CERTIFICATE NO.: I FUND ALLOCATION: PERIOD: FROM TO YR: I PROJECT: PROJECT NO: CONTRACTOR: I 1. Original Contract Sum I $ 2. Contract Modifications Approved in Previous Applications: 3. Contract Modifications Approved this Period (List Contract Modifications Nos. I I Additions $ Deductions $ Additions $ Deductions $ 4. Net Change by Contract Modifications (sum of Lines 2 and 3) $ o I 5. Revised Contract Amount (Sum of Lines 1 and 4) $ I 6. Total Value of Work to Date (Estimate attached) $ 7. Percent Project Complete (Line 6/ Line 5) x 100= % I 8. Total Materials on Hand (Listing attached) $ 9. Subtotal - Work Completed and Stored (Sum of Lines 6 and 8) $ I I 10. Total Retainage ( % x Line 9) $ 11. Total Earned to Date, Less Retainage (Line 9 less Line 10) $ 12. Less Previous Certificates for Payment (item 11 from Previous Application) $ 13. Current Payment Due (Line 11 less Line 12) $ I The undersigned Contractor certifies that the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that the current payment shown herein is now due, and that title for all Work, materials, and equipment covered in I this Application will pass to the Owner free and clear of all liens at the time of payment. Date I CONTRACTOR By I hereby acknowledge that the material and labor involved on the above estimate is correct to the best of my knowledge, information and belief, and payment on same is due CONTRACTOR. DESIGN ENGINEER, PROGRAM MANAGER. OR OWNER By Dale I I PAC-2 I I I I I I I I I I I I I I I I I I I AUGUSTA UTILITIES DEPARTMENT CAPITAL IMPROVEMENTS PROGRAM Certificate of Consulting Engineer RELATING TO CERTIFICATE NO.: FUND ALLOCATION: Payment from the Richmond County Water and Sewerage System construction Fund - 1996 (the .Construction Fund") created under the Bond Resolution of the Augusta-Richmond County Commission adopted on October 21,1996, as supplemented December 3 and 17, 1996;(the "Bond Resolution") NOTE: Capitalized terms used herein and not otherwise defined herein shall have the meaning specified in the Bond Resolution. PERIOD: FROM TO YR: PROJECT: PROJECT NO: COMPANY: The undersigned Program Manager (Consulting Engineer) hereby certifies as follows that the obligation described in the above- referenced certificate was incurred for work, materials, supplies or equipment in connection with the improvements to the System described in the Construction Fund Engineering Report and such work was actually performed or such materials, supplies or equipment were actually installed as a part of the Augusta Capital Improvement Program. IN WITNESS WHEREOF, I have executed this certificate this Day of 20 CH2i\1l HILL PROGRAM MANAGER By PAC-3 I I I I I I I I I I I I I I I I I I I SUPPLEMENTARY CONDITIONS SC-l RESPONSIBILITY OF CONTRACTOR The Contractor shall be responsible for the entire Work indicated by the Drawings, Specifications, and Contract from the date of the starting of the Work until it is accepted by the Owner and Engineer. The Contractor shall keep the Contract under his/her own control, and it shall be his/her responsibility to see that the Work is properly supervised and carried on faithfully and efficiently. The Contractor shall supervise the Work personally or shall have a competent, English speaking superintendent or representative, who shall be on the site of the project at all times and shall be authorized by the Contractor to direct the performance of the Work and make arrangements for all necessary materials, equipment, and labor without delay. SC-2 PROVISIONS FOR CONTROL OF EROSION Sufficient precautions in accordance with the Contract Documents shall be taken during construction to prevent the run-off of polluting substances such as silt, clay, fuels, oils, bitumens, calcium chloride, or other polluting materials harmful to humans, fish or other life, into the supplies and surface waters of the State. Control measures must be adequate to assure that turbidity in the receiving water will not be increased more than 10 nephelometric turbidity units (NTU), or as otherwise required by the State or other controlling body, in the water used for public water supply or fish unless limits have been established for the particular water. In surface water used for other purposes, the turbidity must not exceed 25 NTU unless otherwise permitted. Special precautions shall be taken in the use of construction equipment to prevent operations which promote erosion. Erosion and sedimentation control shall conform to the requirements of the "Manual for Erosion and Sediment Control in Georgia". SC-3 EXISTING UTILITY PROTECTION Existing utilities are shown in their approximate locations and are based on information obtained from the utility companies. It shall be the sole responsibility of the Contractor to locate, avoid, and protect all utilities, other structures, and obstructions above and below ground surface. All damage from the Contractor's failure to comply with this requirement shall be repaired at the Contractor's expense. The Contractor is solely responsible for complying with the Georgia Underground Law (Chapter 9 of Title 25 of the official Code of Georgia, Annotated). The Contractor shall contact the Utilities Protection Center of Georgia at 800-282-7411 in order to locate utilities prior to starting any excavation. SC-4 PERMITS The Owner will obtain the Land Disturbance Permit and the Permit to Construct from Georgia EPD. The Contractor shall be responsible for obtaining all other permits for the SC-l proper execution of the work. A copy of each permit shall be submitted to the Engineer. All fees associated with these Contractor-furnished permits shall be paid by the Contractor as part of the work. Work shall not commence on any phase of the work requiring a permit until the permit is obtained. SC-5 ARCHEOLOGICAL FINDS In the event any archeological artifacts within the project are discovered during the course of the work, the Owner shall have and retain all right, title, and interest to such artifacts and shall have further right, during the course of the Contract, to examine or cause to have examined, the site of the work for any such artifacts and to perform or have performed archeological excavations and all other related work to explore for, discover, recover and remove such artifacts from the site of the work. In the event the work or archeological examination and related work delays the Contractor's work, he/she shall be entitled to an extension of time to complete the work equal to the number of days he/she is thus delayed. SC-6 OPEN EXCAVATIONS All open excavations shall be adequately safeguarded by providing temporary barricades, caution signs, lights and other means to prevent accidents to persons and damage to property. The Contractor shall, at hislher own expense, provide suitable and safe bridges and other crossings for accommodating workmen. Bridges provided for access during construction shall be removed when no longer required. The length or size of excavation will be controlled by the particular surrounding conditions, but shall always be confined to the limits described by the Engineer. Reference is particularly made to OSHA 29 CFR 126 requirements for excavations. The Contractor shall take precautions to prevent injury to the public due to open excavations. All holes, excavated material, equipment, or other obstacles which could be dangerous to the public, shall be well lighted at night. No excavation shall be allowed to remain open during non-work hours or when the Contractor is not present. SC-7 MAINTENANCE OF TRAFFIC Unless permission to close a street is received in writing from the proper authority, all work shall be performed so that vehicular and pedestrian traffic may be maintained at all times. If the Contractor's operations cause traffic hazards, he/she shall repair the road surface, provide temporary ways, erect wheel guards or fences, or take other measures for safety satisfactory to the Engineer. Night watchman may be required where special hazards exist, or police protections provided for traffic while work is in progress. The Contractor shall be fully responsible for damage or injuries whether or not police protection has been provided. The Contractor shall ensure safe and efficient traffic movement through all work areas and provide protection for the Contractor's work force, the work itself and the general public. The Contractor shall adhere to all traffic control and lane closure regulations required by August- Richmond County, the latest edition of the "Federal Manual on Uniform Traffic Control Devices," the Georgia Utilities Coordinating Committee "Manual on Traffic Control Procedures for Utilities", and all Georgia Department of Transportation requirements. SC-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Contractor shall furnish, erect and maintain at closures, intersections, and throughout the project, all necessary approved barricades, suitable and sufficient warning lights, torches, approved reflectors, danger signals, warning, detour and closure signs, provide a sufficient number of watchmen and flagmen and take all necessary and legal precautions for the protection of the work and safety of the public. All barricades, danger signals, signs and obstructions shall be illuminated at night and all lights shall be kept burning from sunset until sunrise. All materials and safety devices (i.e., barricades, warning lights, torches, reflectors and signs) must conform to the "Federal Manual on Uniform Traffic Control Devices", and the Georgia Utilities Coordinating Committee "Manual on Traffic Control Procedures for Utilities". The specific requirements for traffic control provided herein are for the convenience of the Contractor, and shall in no way be construed as a release from the Georgia Department of Transportation and lor Augusta-Richmond County requirements previously referenced. All fines and related costs resulting from the Contractor's failure to provide adequate traffic control shall be borne solely by the Contractor. Materials and safety devices, such as barricades, warning lights, torches, reflectors and signs, provided for the purpose of protecting the work and the safety of the public and for maintaining and protecting traffic, must conform to the requirements specified above. SC-8 SHOP DRAWING SUBMITTAL Submit to the Engineer for review no later than four (4) weeks after Contractor's Notice to Proceed (and before any materials have been ordered) manufacturers catalog cut sheets, dimensioned drawings, and specifications for all pipe, valves, fittings, fire hydrants, and piping system appurtenances as specified in these Specifications and shown on the Drawings. Engineer's review of Contractor submittals does not relieve the contractor from meeting the requirements of the Contract Documents. END OF SECTION SC-3 I I I I I I I I I I I I I I I I I I I SECTION 14A WATER DISTRIBUTION SYSTEMS 14.1 COVER 14.1.1 The standard minimum depth of cover shall be 4 feet below existing and proposed road surface (and areas designed for normal traffic loading) unless otherwise approved by the Augusta Utilities Department. 14.1.2 The minimum cover to finished grade over water mains not installed in roadways shall be 36 inches. Minimum cover under ditch bottoms shall be 24 inches. 14.2 HORIZONTAL SEPARATION Horizontal separation for water mains shall be adhered to as follows: 14.2.1 Ten (10) feet minimum to any existing or proposed sanitary sewer/force main, storm sewer or sewer manhole (less than 10 feet requires pipe material to be Ductile Iron Pipe (DIP) for both Water Main and SewerIForce Main). 14.2.2 Fifteen (15) feet minimum to buildings, top of bank oflakes/streams/creeks, other structures (10 feet absolute minimum - only when unavoidable, and pipe material "is required to be DIP). 14.2.3 Ten (10) feet minimum separation to gas mains. 14.2.4 Ten (10) feet minimum separation to underground electric cable. 14.2.5 Current Georgia EPD separation requirements. 14.2.6 All separation distances above are edge to edge. 14.3 VERTICAL SEPARATION 14.3.1 Water main shall cross over other pipes, unless otherwise shown on the Drawings. 14.3.2 Eighteen (18) inch minimum separation (edge to edge) between all pipes and cables shall be maintained (6 inch absolute minimum separation with DIP) when conforming to Georgia EPD separation requirements. 14.3.3 When water mains cross under sewers, additional measures shall be taken. At least 18 inches of separation between the bottom of the sewer and the top of the water main shall be provided. Provide adequate structural support for the sewer to prevent deflection or settling on the water main. The joint of water pipe shall be centered at the crossing. 14-1 14.4 WATER MAIN MATERIAL Water mains shall be ductile iron pipe (DIP) Pressure Class 350. DIP shall be centrifugally cast and shall conform to A WW A C 150/ ANSI A21.50 (latest version) for design and A WW A C 151/ ANSI A21.51 (latest version) for manufacture. Ductile iron pipe and fittings shall have bituminous coating outside and shall be cement lined in accordance with A WW A C 104/ ANSI A21.4 (latest version). DIP shall have 1/16" cement mortar lining with rubber gasket push-on joints or mechanical joints. Mechanical joint glands shall be ductile iron. Tee bolts and nuts shall be Cor-Ten steel. Rubber gasket joints shall conform to A WW A C 111/ ANSI A21.11 (latest version), and shall be furnished by the pipe manufacturer with the pipe. A non-toxic vegetable soap lubricant shall be supplied with the pipe in sufficient quantities for installing the pipe. The lubricant shall be approved by NSF for use with potable water mains. 14.4.1 Restrained Joints shall be DIP as follows: For 12-inch and smaller - Restrained joint shall be U.S. Pipe Field Lok, American Ductile Iron Pipe Lok-Fast, EBAA Iron Mega-Lug, or approved equal. For 14-inch diameter and larger - Restrained joint shall be U.S. Pipe TR Flex, American Ductile Iron Pipe Flex-Ring, Lok-Ring, or approved equal. If inserting in older cast iron pipe, the restrained joint shall be as approved by the Augusta Utilities Department. Retainer Glands/Mega-Lug shall not be considered a fitting. 14.4.2 Jack and Bore Materials: 30" pipe to be used as a casing shall conform to either ASTM Standard A139 for "Electric Fusion (arc) Welded Steel Pipe" with a minimum yield strength of 35,000 psi or "API Specification API-5LX, Grade X-42 Welded Steel Pipe". Wall thickness shall be 0.5". All pipe furnished by the manufacturer shall be cast and machined at one foundry location to assure quality control and provide satisfactory test data. Carrier pipe shall be restrainedjoint DIP as outlined in paragraph 14.4.1. The Contractor shall furnish and install all supports necessary to hold the piping and appurtenances in a firm, substantial manner at the lines and grades indicated on the Drawings or as specified herein. Casing spacers shall be a two-piece prefabricated unit by a single manufacturer. All casing spacers in a single casing pipe crossing shall be provided by the same manufacturer. Casing spacers shall have a shell made from either 304 stainless steel, 14 gauge mild steel which has been heat fusion coated with PVC plastic (PVC coating shall be .01 inch thick over the entire band including the runner studs), or high density polyethylene. Casing spacers on 16-inch 14-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I and smaller carrier pipe shall have 8-inch wide steel bands and casing spacers on 18-inch and larger carrier pipe shall have 12-inch wide steel bands, except high density polyethylene spacers shall have high density polyethylene bands. All casing spacers for 14-inch and smaller pipe size shall have four 10 gauge or 14 gauge steel risers with runners. Casing spacers for 16-inch and larger pipe shall have six 10 gauge or 14 gauge steel risers with runners (two top and four bottom). High density polyethylene spacers shall have one riser for every diameter inch of carrier pipe. The runners (risers) shall be either glass reinforced plastic, UHMW polymer, or high density polyethylene. All nuts, bolts and washers shall be 304 stainless steel. All risers over 2 inches in height shall be reinforced. Wooden skids are not an acceptable alternate. 14.4.3 All construction material shall be new and unused. Repair clamps are not acceptable. Damaged or faulty pipe and materials shall be properly replaced. All gaskets shall be new. When connecting to existing valves or fittings, gaskets shall be replaced, not reused. 14.4.4 All new water main pipe sizes are specified on the Drawings. 14.5 VALVES, FITTINGS AND APPURTENANCES All valves, bends, tees, crosses and dead ends shall be restrained by a mechanical restraint system as outlined in Paragraph 14.4.1 and as shown on the Drawings, or by use of a concrete thrust block in those instances that warrant such an installation and only if approved by the Engineer. Thrust blocks shall be poured-in-place concrete having a minimum compressive strength 00,000 psi after 28 days of cure time. 14.5.1 Valves: All Valves shall OPEN LEFT and shall be provided with valve stem extensions to within 6 inches of ground surface, where centerline of pipe to grade is greater than 4 feet. Valves shall be installed at the locations shown on the Drawings. All valves shall be equipped with a 2" A WW A operating nut. Gate valves, 4 inches to 12 inches, shall be the resilient seat type conforming to A WW A C509 (latest version) and be UL Listed, FM approved. All internal parts shall be accessible without removing the body from the line. The wedge shall be cast iron, completely encapsulated with resilient material. The resilient sealing material shall be permanently bonded to the cast iron wedge with a rubber-tearing bond to meet ASTM D429. Non Rising Stems (NRS) shall be cast bronze with integral collars in compliance with A WW A. The NRS stuffing box shall have two O-Ring seals above the thrust collar and one below. The top two O-Rings shall be field replaceable without removing the valve from service. The stem nut shall be independent of the wedge and made of solid bronze. Gate valves shall be M&H Valve Company Model No. 4067, Mueller A-2360, or approved equal. Valves larger than 12 inches shall be class 150B, gear operated butterfly valves, conforming to A WW A C504 (latest version). Wafer valves shall not be accepted. 14-3 Butterfly valve disc shall be constructed from cast iron or ductile iron and valve seats shall be made of new natural rubber or synthetic rubber. The seats shall be vulcanized into the valve body. Cast iron disc shall have stainless steel seating edge or corrosion resistant 80- percent nickel/20-percent chrome seating edge. Provide stuffing boxes with "Chevron-Type" packing where valve shaft extends through valve body. Butterfly valve shaft shall be stainless steel or monel, straight through or two-piece. Shaft seals shall be constructed of V -type packing utilizing stuffing box and pull down packing gland. Shaft bearings shall be self-lubricating sleeve type. Adequate thrust bearings shall be provided to keep disc centered regardless of valve position or have center thrust surfaces integral to valve disc. Valve operator shall be of the traveling-nut type, sealed, gasketed, and lubricated for underground service. Operator shall be designed in accordance with A WW A C504 and operator components shall withstand a minimum input torque of300 foot-pounds at extreme operator position without damage. Valve shall be capable of easy closure by one man using standard valve key, even under emergency line-break conditions as severe as those that would cause a valve maximum opening torque requirement of as much as two times AWWA Class 150B. Operator shall produce full AWWA Standard C504 Table 1 output torque throughout entire travel for Class 150B with a minimum supply pressure of 150 psi. All internal exposed surfaces of butterfly valve shall be coated with a polyamide cured epoxy coating prior to assembly of valves. Coatings shall be NSF 61 approved for potable water. Valve exterior shall be coated in accordance with A WW A C504 latest edition. Surfaces to be coated shall be prepared and sandblasted per Steel Structures Painting Council Specification SSPC-SP-1O-638 No. 10. Butterfly valves shall be DeZurik, Henry Pratt Company, Mueller, or approved equal. 14.5.2 Valve Boxes Valve boxes shall be TylerlUnion 7000 Series, or approved equal. Each valve box shall be slip-type to adjust for a minimum cover of36". The flanged base of the valve box shall be at least six (6) inches above the pipe so not to stress water lines 4" and smaller. Extension pieces shall be provided by the Contractor as needed for additional depth over valves. Extensions shall be purchased from the same manufacturer as valve boxes. Covers shall have the word "WATER" cast on top. 14.5.3 Fittings: Standard pressure pipe fittings 4" and larger shall be ductile iron conforming to A WW A C153 (latest version), with restrained mechanical joints. Gray cast-iron fittings are not allowed. Ductile iron fittings shall be cement lined in accordance with A WW A C 1 04 (latest version). Mechanical joint fittings, 24 inches and smaller shall be rated for 350 psi working pressure. For sizes less than four (4) inch ID, fittings shall be suitable to the pipe material and application. Glands for mechanical joint fittings shall be ductile iron, and tee bolts and nuts shall be Cor-Ten steel. Only bolt systems furnished by the manufacturer for mechanical joints are acceptable; nuts and bolts shall be new, not reused. Pipe gaskets shall be new as 14-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I supplied by the pipe manufacturer. 14.5.4 Combination Air Release Valve and Air Vacuum Valve: Combination air release and air vacuum valves shall consist of two independent valves: a four (4)-inch vacuum breaking valve and a 3/16-inch small orifice air release valve, piped together and tested as a unit. The bodies of the valves shall be cast iron. The valves shall be G.A. Industries, Inc. of Mars, Pennsylvania, Figure 992 or approved equal. Copper pipe for gooseneck shall be Type K copper. 14.5.2 Ductile Iron Pipe and Fittings Specifications: All ductile iron pipe and fittings shall comply with the following standards: ANSI!A WW A CI51/A21.5 1-96 4-FEB-1996 or latest version American National Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water ANSI/A WWA C150/A21.50-96 1996 or latest version American National Standard for Thickness Design of Ductile-Iron Pipe ANSI! A WW A C 115/ A21.15-94 1994 or latest version American National Standard for Flanged Ductile-Iron Pipe With Threaded Flanges ANSI/A WWA C111/A21.11-95 1995 or latest version American National Standard for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings ANSI/ A WW A C 153-98 1998 or latest version American National Standard for Ductile-Iron and Gray-Iron Fittings, 3 in. through 48 in. (75 mm through 1200 mm), for Water and Other Liquids ANSI/ A WW A C 1 04/ A21.4-95 1995 or latest version American National Standard for Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water 14.6 FIRE HYDRANTS Fire hydrants shall be provided as shown on the Drawings, and shall be Mueller #A-423, M&H Figure 129T, or Kennedy K-81D AWWA Compression Type-Dry Top-Traffic Model, 150 psi working pressure, 300 psi test pressure. All fire hydrants shall be ordered safety yellow body with white bonnet and caps. Each hydrant shall be left turn opening and capable of delivering a flow of 500 gallons per minute from two 2 Y2 -inch nozzles with a maximum permissible head loss of 1 psi per nozzle. Flow tests shall be performed by the Contractor to verify the specified fire flow demand. Fire hydrants shall be of the dry barrel break-away type conforming to A WW A C502 (latest version), with two 2 Y2-inch threaded hose nozzles and one 4 ~-inch threaded pumper nozzle. Hose 14-5 and pumper nozzle threading shall be national standard. Connection shall be 6-inch mechanical joint. The center line of the nozzles shall be 18 inches above the finish grade. Hydrants shall have a 5 Y-t-inch interior valve opening and be restrained from hydrant to tee at the main. 14.6.1 Fire Hydrant and Valve Specifications: All fire hydrants and valves shall comply with the following standards: ANSI! A WW A C500-93 1993 or latest version Metal-Seated Gate Valves for Water Supply Service (includes addendum C500a-95) ANSI/ A WW A C502-94 1994 or latest version Dry-Barrel Fire Hydrants (includes addendum C502a-95) ANSI/ A WW A C503-97 1997 or latest version Wet-Barrel Fire Hydrants ANSI/ A WW A C504-94 1994 or latest version Rubber-Sealed Butterfly Valves ANSI/AWWA C507-99 1-DEC-1999 or latest version Ball Valves 6 in. through 48 in. (150 mm through 1200 mm) ANSI/ A WW A C508-93 1993 or latest version Swing-Check Valves for Waterworks Service, 2 in. (50mm) Through 24 in. (600mm) NPS (includes addendum C508a-93 ANSI! A WW A C509-94 1994 or latest version Resilient-Seated Gate Valves for Water-Supply Service (includes addendum C509a-95) ANSI/ A WW A C550-90 1990 or latest version Protective Epoxy Interior Coating for Valves and Hydrants 14.7 WATER DISTRIBUTION SYSTEM INSTALLATION Install water main, fittings, valves, and appurtenances as shown on the Drawings and as specified herein. Notify the Augusta Utilities Department at least 48 hours prior to starting construction (706- 772-5503). Installation of water mains and associated appurtenances shall be made in accordance with current A WW A specifications and the manufacturer's requirements for the specific product. Loading or unloading and storage of pipe, fittings, valves, etc. shall be done in such manner to avoid damage. The interior of all pipe, fittings, valves, etc. shall be kept free of dirt and foreign matter at all times. All piping shall be placed in a dry trench with a stable bottom. Wet trench installation shall be allowed only upon written approval of the Utilities Director. Mechanical restraint systems shall be provided at each fitting involving a change of direction and as shown on the Drawings. Concrete thrust blocks will be allowed in lieu of mechanical restraint 14-6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I systems in those instances that warrant such an installation and only if approved by the Engineer. Thrust blocks shall be poured-in-place concrete having a minimum compressive strength of3,000 psi after 28 days of cure time. Backfill shall be free of boulders and debris, and shall conform to Georgia Department of Transportation Specifications. Sharp or rocky material encountered in the base shall be replaced with proper bedding. Pipe shall be laid on line and grade as shown on the Drawings. Pipe joints, gravity blocks, service connections, and conflicts shall be left exposed until visually inspected and approved by the Augusta Utilities Department's Inspector. Fire hydrants shall be installed true and plumb with the center of the pumper nozzle facing toward the road. Hydrants shall not be placed in the sidewalk. All valves shall be placed according to the Drawings. Valve stems shall be installed plumb. Valve stem extensions shall be provided and installed as described in Section 14.5. Combination air release and air vacuum valves shall be installed at the locations shown on the Drawings. 14.7.1 Water Distribution System Installation Specifications: Contractor shall comply with the following during installation of water mains: ANSI! A WW A C600-93 1993 or latest version Installation of Ductile-Iron Water Mains and Their Appurtenances ANSI! A WW A C512-92 1992 or latest version Air Release, AirNacuum and Combination Air Valves for Water Works Service 14.7.2 Handling and Storing of Materials: Unload pipe so as to avoid deformation or other injury thereto. Do not place pipe within pipe of a larger size. Store pipe and fittings on sills above storm drainage level and deliver for laying after the trench is excavated. Valves shall be drained and so stored as to protect them from freezing. 14.7.3 Pipe Laying (General): The interior of the pipe shall be clean, and joint surfaces wiped clean and dry when the pipe is lowered into the trench. Lower each pipe, fitting and valve into the trench carefully and lay true to line and without objectionable breaks in grade. The depth of cover below finished grade shall be not less than 3 feet (4 feet if in roadways), or as shown on the Drawings. Give all pipes a uniform bearing on the trench bottom. Prevent water or dirt from entering the pipe after laying. Insert a watertight plug in the open end of the piping when pipe laying is not in progress. 14.7.4 Jacking and Boring: Where required by the Drawings, the water line shall be installed in a steel casing, placed by jacking and boring as shown on the Drawings and Specifications. Where boring is required under highways or city/county roads, the materials and workmanship shall be in accordance 14-7 with the standards of the Georgia Department of Transportation or local authority. Boring and jacking under railroads will be governed by the latest A.R.E.A. Standards, Part 5, "Pipelines" and those of the railroad involved. The steel casing shall be installed by the "Dry Bore and Jack" method. Ifvoids develop or if the bored hole diameter is greater than the outside diameter of the pipe by more than approximately 1 inch, remedial measures shall be taken by the Contractor as approved by the Engineer. When installing water line through casing, Contractor shall use mechanical joint pipe with retained glands throughout the length of casing. All carrier pipes in casings shall utilize casing spacers installed on the carrier pipe, inside the casing pipe. Casing spacers shall be installed one foot on both sides of each carrier pipe joint, and at ten-foot intervals along the carrier pipe for pipe up to 48 inches in diameter. For carrier pipes larger than 48 inches, casing placement shall be as recommended by the casing spacer manufacturer. A casing spacer shall also be installed within two feet of each of the ends of the casing pipe. 14.7.5 Pressure and Leakage Testing: All water mains shall be pressure and leak tested as specified herein. The Contractor shall provide all equipment, materials and labor necessary for pressure and leak testing. The Owner will provide all water for pressure and leak testing. The pumping pressure shall be supplied at the expense of the Contractor. This test must be observed by an Augusta Utilities Department representative and the Engineer. The main tested shall either be isolated from active potable lines or protected from leakage by a double valve arrangement. All water used for pressure testing shall be potable water with an adequate chlorine residual. Water lines shall be tested by valve sections. Maximum allowable leakage shall be as determined in accordance with current A WW A specifications. The standard duration of the test is four (4) hours. Testing procedures shall meet or exceed A WW A C600 (latest version) requirements. Any portions of the main which fail the test shall be replaced or adjusted until the entire new main passes the test criteria. The pressure and leakage test shall be performed concurrently. Before any work will be accepted for payment, the Contractor shall fill the piping with water and open outlets as necessary for expelling the entrapped air. No fire hydrant shall be opened full force during charging operations. Thereafter, furnish the necessary equipment and test the piping under the supervision of the Engineer for a period of at least 4 hours at not less than 1.25 times the design pressure in pounds per square inch, based upon the highest elevation of the section under test. Pressure testing shall be conducted in accordance with the latest A WW A Standard C600, Section 4.1. at 1.5 times the working pressure at the point of testing. Inspect all joints, and remedy all defects to the satisfaction of the Engineer. Continue the test until all visible leaks have been eliminated from the part of the system under test, and the pressure remains constant with a maximum pressure drop of 5 psi for the duration of the test. Immediately following the pressure test, and before any work will be accepted for payment, the Contractor shall perform a leakage test. Leakage is defined as the quantity of water to be supplied into the newly laid pipe, or any valved section thereof, necessary to maintain the specified leakage test filled with water to within 5 psi of the test pressure. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the formula: 14-8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L - fD/P 13DX> L = Allowable leakage in gallons per hour. S = The length of pipe in the section tested. D = The nominal diameter of the pipe in inches. P = The average test pressure during the leakage test in pounds per square inch gauge. The leakage test shall be conducted in accordance with A WW A Standard C-600, Section 4.1 (latest version). 14.7.6 Connection to Existing System: All connections to existing mains shall be made under the direct supervision of the Augusta Utilities Department's Inspector. Valves on existing mains shall be operated by or under direct supervision of Augusta Utilities Department personnel. Tapping sleeves and valves shall be pressure tested prior to tapping. If service to existing customers must be cut off, the Augusta Utilities Department shall be notified at least three (3) days in advance to make necessary notifications. The Contractor shall disinfect and secure appropriate Utilities Department clearances for any service interruptions. The clearances shall be obtained within 72 hours of reactivation. If cut-off of service is required, the Contractor shall be ready to proceed with as much material pre-assembled as possible at the site to minimize the length of service interruption. Augusta Utilities reserves the right to postpone service cut-off if, in the opinion of the Utilities Director, the Contractor is not ready to proceed on schedule. No customer shall be without water for more than four (4) hours. The Owner will arrange for temporary services to the Customer(s) if water will be shut off for more than four hours. Local chlorination will be required for all pipe and fittings used to complete connections with the potable water system. Tapping sleeves and valves shall be chlorinated in accordance with A WW A requirements. All wet taps shall be witnessed by the Augusta Utilities Department's Inspector. 14.8 CLEANING AND FLUSIDNG Upon completion of installation, the mains shall be flushed and the water disposed of without creating a nuisance. Flushing shall achieve a minimum water velocity of2.5 feet per second (fps) in all portions of the pipe. The duration of the flushing will be determined by the Augusta Utilities Department's Inspector. If, in the opinion ofthe Augusta Utilities Department's Inspector, there is insufficient water available for proper flushing, the Contractor shall clean the lines by pigging. All flushing or cleaning shall take place in the presence of an Augusta Utilities representative. The existing mains that the new mains are connected to may be required to be flushed under the direction of the Augusta Utilities Department when service is restored. 14-9 14.9 DISINFECTION Augusta Utilities shall be notified at least 48 hours in advance to schedule bacteriological testing of water mains. The Contractor shall replace or adjust components of the pipeline which fail the test. Clearance is required from the Utilities Department before the Augusta Utilities Department will allow the main to be put into service. All piping complete with fittings and appurtenances shall be disinfected as specified in the applicable sections of A WW A Specification C651 (latest version) "Disinfecting Water Mains." Piping and appurtenances shall be thoroughly flushed, then chlorinated with not less than fifty parts per million (50 ppm) of chlorine. Calcium hypochlorite can be used. Water from the existing distribution system or other source of supply shall be controlled so as to flow slowly into the newly laid pipeline during the application of chlorine. The solution shall be retained in the pipeline for not less than 24 hours, and a chlorine residual of 10 ppm should be available at this time. The system shall then be flushed with potable water and the sampling program started. Sampling taps and chlorinated water used for disinfection shall be flushed to a location that will not damage property or persons and shall be provided by the Contractor. Sampling taps shall be provided in accordance with A WW A C651 and installed at the locations shown on the Drawings. The provisions of this paragraph apply equally to new pipe and fittings and to existing pipelines into which connections have been made or which may have been otherwise disturbed to the extent that contamination may have occurred. All requirements of the health authorities shall be observed in executing this work. The disposal of heavily cWorinated water (following disinfection) shall be accomplished in accordance with the latest editions of the A WWA Standard C651 and the EPD's Minimum Standards for Public Water Systems. Contractor shall collect all water samples and pay for all laboratory analysis. Two or more successive sets of samples, taken at 24-hour intervals and tested by a State approved private lab, shall indicate bacteriologically satisfactory water. Submit all test results to the Engineer. 14.10 AS-BUILT DRAWINGS: As the work progresses, the Contractor shall record on one set of utility drawings all changes and deviations from the Contract Drawings in sizes, lines or grade. Record the exact final location of water lines by offset distances to surface improvements such as edge of existing pavement or to property lines, etc. at a maximum interval of 200 feet. The drawings shall show references to all valves, fittings, pipe brand changes, etc. Transfer accurately all such records in red pencil to white prints of the utility drawings, and deliver them to the Engineer with the monthly payment estimate. As-built record drawings will be prepared in Auto Cadd by the Engineer based on the red-lined drawing markups provided by the Contractor. END OF SECTION 14-1 0 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION 14B SANITARY SEWER SYSTEMS 14.11 SCOPE This section covers all labor and materials to remove and replace approximately 15 linear feet of force main to accommodate jacking and boring under Windsor Springs Road. 14.12 PVC FORCE MAIN MATERIAL Force main pipe shall be of approved C900-CL200 water pipe. PVC pipe shall be manufactured from virgin resin conforming to ASTM D-3034 (latest version) with minimum classification of SDR-35. All fittings shall be of the same quality and material as the pipe to be used. Pipe classes shall be determined based upon the installation and the use intended. All construction material shall be new and unused. Repair clamps are not acceptable. Damaged or faulty pipe and materials must be properly replaced. All gaskets shall be new. When connecting to existing valves or fittings, gaskets shall be replaced, not reused. 14.13 INSTALLATION Sewer force main shall be installed in accordance with the water distribution system specifications (including the use of restrained mechanical joints, where required). Polyvinyl chloride (PVC) force main must conform to ASTM D-2241, latest version. Installation shall comply with ANSI! A WW A C605-94 dated January 30, 1994 or latest version, Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water. Installation of sanitary sewer force main pipe and associated appurtenances shall be in accordance with current ASTM specifications and manufacturer's requirements for the specific product. Loading or unloading and storage of pipe, fittings, valves, etc. shall be done such to avoid damage. All pipe shall be carefully examined before it is installed in the trench. Damaged pipe or pipe which does not meet specification requirements shall be rejected and removed from the work site. The interior of all pipe, fittings, valves, etc. shall be kept free of dirt and foreign matter at all times. All piping shall be placed in a dry trench with a stable bottom. Wet trench installation shall be allowed only upon written approval of the Utilities Director. Backfill shall be free of boulders and debris, and shall conform to Georgia Department of Transportation Specifications. Sharp or rocky material encountered in the base shall be replaced with proper bedding. Pipe shall be laid on line and grade as designed. Pipe joints, gravity blocks, service connections, and conflicts shall be left exposed until visually inspected and approved by the Augusta Utilities Department's Inspector. 14-11 Detectable tape as manufactured by Reef Industries of Houston, Texas, or equal shall be installed during the backfill operation at a point 1 foot below the final finished grade. The detectable tape shall be a 5.5 mil composition film containing one layer of metalized foil laminate between two layers of inert plastic film specifically formulated for prolonged use underground. The tape shall be highly resistant to alkalis, acids and other destructive agents found in the soils. The detectable tape shall bear a continuous printed message "Caution Sanitary Sewer Line Buried Below." The message shall be printed in permanent ink formulated for prolonged use underground. Letters shall be clearly legible and have a minimum height of 1.2 inches. END OF SECTION 14-12 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION 14C EXCAVATION & BACKFILLING 14.14 SCOPE This section covers all excavation, trenching and backfilling for pipe lines. 14.15 EXISTING IMPROVEMENTS The Contractor shall maintain in operating condition and protect from damage all existing improvements including utilities, roads, streets, sidewalks, drives, power and telephone lines, gas lines, water lines, sewers, gutters and other drains encountered, and repair to the satisfaction of the Engineer any aerial, surface or subsurface improvements damaged during the course of the work. Where and if shown on the Drawings, the locations and existence or nonexistence of underground utilities are not guaranteed. The Contractor shall contact the various utility companies to determine and/or verify such information prior to proceeding with the work. Contractor shall make reasonable and satisfactory provisions for the maintenance of traffic on streets, drives, walkways and at street crossings, and if necessary provide temporary walkways and bridges for crossing of the open trench as directed. 14.16 EXCAVATION All excavation of every description and of whatever substances encountered shall be performed to the depths indicated on the Drawings or as specified herein. Excavation shall be made by the open cut method except as otherwise specified or shown on the Drawings. Excavation methods shall meet or exceed Occupational Safety and Health Administration (OSHA) construction industry standards. All excavated materials not required for fill or backfill shall be removed and wasted as directed. The banks of shallow trenches shall be kept as nearly vertical as practicable and where required shall be properly sheeted and braced. Except where otherwise indicated, trench bottoms shall be not less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, and shall be excavated true to line, so that a clear space of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe. The bottom of trenches shall be accurately graded to provide uniform bearing and support for each section of the pipe on undisturbed soil at every point along its entire length, except for portions of the pipe sections where it is necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes shall be dug after the trench bottom has been graded. Bell holes shall be excavated only to an extent sufficient to permit accurate work in the making of the joints so that the pipe, for a maximum of its length will rest upon the prepared bottom oftlle trench. Depressions for joints other than mechanical shall be made in accordance with the recommendations of the joint manufacturers for the particular joint used. Excavation for structures and other accessories shall be sufficient to leave at least 12 inches in the clear between their outer surfaces and the embankment or timber which may be used to hold the bank and protect them. Where damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. Except at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate below the depths indicated. Where rock excavation is required, the rock shall be excavated to a minimum overdepth of 4 inches below the 14-13 normal required trench depth. The overdepth rock excavation and all excess trench excavation shall be backfilled with loose, moist earth, thoroughly tamped. Rock is defined as materials which are so hard or cemented that the excavation of such material requires blasting. The excavation shall proceed in a conventional manner with satisfactory effort made to remove hard materials before the Contractor makes a determination of the need for blasting. Predrilling and blasting will be allowed, if the Contractor can provide boring log evidence to the satisfaction of the Engineer to show that the material cannot be excavated. Evidence shall be provided for the Engineer's review and approval before predrilling and blasting is undertaken. The excavation and removal of isolated boulders or rock fragments larger than one cubic yard in volume encountered in materials of common excavation shall be classified as rock excavation. Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe, as determined by the Engineer or indicated on the Drawings, is encountered in the trench bottom, such soil shall be removed to a depth required for the lengths designated by the Engineer, and the trench backfilled to trench bottom grade, as herein specified, with approved coarse sand, fine gravel, or other suitable material. Backfill with earth under structures will not be permitted and any unauthorized excess excavation below the levels indicated for the foundation of such structures shall be filled with approved sand, gravel, or concrete, as directed. 14.16.1 Grading and Stacking: All grading in the vicinity of trench excavation shall be controlled to prevent surface water and ground water from flowing into the trenches. Any water accumulated in the trenches shall be removed by pumping or by other approved methods. During excavation, material suitable for backfilling shall be stored in an orderly manner a minimum distance of one and one-halftimes the depth of the excavation back from the edges of trenches to avoid overloading and prevent slides or cave-ins. Material unsuitable for backfilling, as determined by the Engineer, shall be removed from the job site and disposed of by the Contractor in a manner as approved by the Engineer. 14.16.2 Shoring and Sheeting: Provide all shoring, sheeting, and bracing required to perform and protect the excavation and to safeguard employees and the public. The failure of the Engineer to direct the placing of such protection shall not relieve the Contractor of his responsibility for damage resulting from its omission. Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that portion of the sheeting below the elevation of the top of the pipe shall not be disturbed or removed. Sheeting left in place shall be cut off not less than I foot below finished grade. No sheeting shall be removed until the excavation is substantially backfilled as hereinafter specified. 14-14 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 14.16.3 Water Removal: Where water is encountered, it shall be prevented from accumulating in excavated areas by pumping, well-pointing and pumping, or by other means approved by the Engineer as to capacity and effectiveness. Water removed from excavations shall be discharged at points where it will not cause injury to public or private property, including work completed or in progress. All efforts to prevent sedimentation shall be made. Under no circumstances shall trench bottoms be prepared, pipes laid, or appurtenances installed in water. Water shall not be allowed to rise in unbackfilled excavations after pipe or structures have been placed. 14.16.4 Blasting: Explosives may be used only within legal limitations and if approved by the Engineer and the Utility Department. Before explosives are used, all necessary permits for this work shall be secured and all precautions taken in the blasting operations to prevent damage to private or public property or to persons. The Contractor shall assume full liability for any damage that may occur during the use of explosives. No blast shall be set offwithin 50 feet of pipe already laid in the trench. 14.16.4.1 Tree Protection: Care shall be taken to protect the roots of trees to be left standing. Within the branch spread of the tree, trench shall be opened only when the work can be installed immediately. Injured roots shall be pruned cleanly and backfill placed as soon as possible. 14.17 BACKFILLING 14.17.1 Backfill Trenches and other excavations shall not be backfilled until all required tests are performed and the work has been approved by the Engineer. The trenches shall be carefully backfilled with Normal Backfill, which shall consist of excavated materials approved for backfilling consisting of earth, loam, sandy clay, sand and gravel, soft shale, or other approved materials. No material shall be used for backfilling that contains mulch, other unstable materials, stones, blasted rock, broken concrete or pavement, or other hard materials having any dimension greater than 4 inches; or large clods of earth, debris, frozen earth or earth with an exceptionally high void content. Backfilling within Augusta right-of-way shall conform to Georgia Department of Transportation and City of Augusta specifications. For backfill up to 1 foot above the top of pressure pipelines and 2 feet above the top of gravity pipelines, only Select Backfill shall be used. Select Backfill shall be finely divided Normal Backfill free from debris, organic material and stone, and may be suitable job excavated material or shall be provided by the Contractor from other sources.i 14-15 Whenjob excavated material does not contain suitable material as described herein, off- site material meeting the requirements of Georgia DOT Class I, Type I and II backfill shall be provided by the Contractor. The Select Backfill shall be placed in uniform layers not exceeding 6 inches in depth. Each layer shall be moistened and carefully and uniformly tamped with mechanical tampers or other suitable tools. Each layer shall be placed and tamped under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or lateral displacement. Compact backfill to the percentages shown on the Drawings. The remainder of the backfill material (Normal Backfill) shall then be placed and compacted above the level specified above. In areas not subject to traffic, the backfill shall be placed in 12-inch layers and each layer moistened and compacted to a density approximating that of the surrounding earth. Under roadways, driveways, paved areas, parking lots, along roadway shoulders and other areas subject to traffic, the backfill shall be placed in 6-inch layers and each layer moistened and compacted to a density as shown on the Drawings. Any trenches which are improperly backfilled, or where settlement occurs, shall be reopened to the depth required for proper compaction, then refilled and compacted with the surface restored to the required grade and compaction at no extra cost to the Owner. Along all portions of the trenches not located in roadways, the ground shall be graded to a reasonable uniformity and the mounding over the trenches left in a neat condition satisfactory to the Engineer. Grade to match surrounding contours or as otherwise directed by the Engineer. Sheeting not specified to be left in place shall be removed as the backfilling progresses. Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of sheeting and shoring shall be carefully filled and compacted. Where, in the opinion ofthe Engineer, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be left in place. 14.17.2 Flowable Fill Flowable fill may be used for backfilling open cut excavations in paved areas when compaction of backfill material cannot meet the requirements shown on Drawing 13, Detail PR-1. Flowable fill mixes fall into the categories of "very flowable" and "less flowable," which is controlled by the amount of water that is added. The less flowable mix should be used when it is desirable to put traffic back on a roadway quickly (usually 8 to 10 hours) or when being used to backfill pipes which could "float" out of position due to the buoyant effect of the very flowable fill mix. This mix will still self- consolidate around pipes without any "honeycomb" areas. Adding water to flowable fill to obtain the desired plastic characteristics will not compromise the quality of the hardened flowable fill. 14-16 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Less Flowable Mix (Mix 1) Weights Volume Units Reference Min 50 lbs. Cement 0.25 ASTM C 150, Type I or II Min 600 lbs. Fly Ash 4.24 ASTM C618, Class C SSD 2500 lbs. Sand 15.17 55 gallon 458 lbs. Water 7.34 Clean, potable, < 500 ppm chlorides Total Cubic Feet = 27.00 Above values are based on specific gravities-cement 3.15, fly ash 2.27, sand 2.64, and water 1.00. Anticipated unconfmed compressive strength is 80 psi at 28 days and 150 psi at 56 days. The trench shall be prepared and the pipe joints placed as normal. There should be at least 6 inches of flowable fill above any utility line. Once the pipe is covered, it will be sufficiently anchored and water may be added to the remaining flowable fill to ease placement without danger of floating the pipe. Ifit is important to quickly return traffic to the roadway, the flowable fill mixture shall not be altered by the addition of water. The flowable fill may be discharged directly from the ready-mix truck into the space to be filled, or by other methods approved by the Utilities Department representative. The mix may be placed in part depth or full depth as conditions at the site dictate. Formed walls or other bulkheads shall be constructed to withstand the mounded soil rather than wood or metal forms. When backfilling utility lines, flowable fill shall be distributed evenly to prevent any movement of the line. The material is self-consolidating and there is no need to use vibrators. Finishing can be accomplished with a square shovel if the fill surface is at the bottom of pavement or with a wood float if the surface will be temporarily used as a finished surface. Once flowable fill is in the trench, the self-consolidating material displaces the extra water not needed for maximum density. Provisions shall be made for this "bleed water" to run off and away from the surface of the hardening flowable fill (use of vapor barriers such as plastic sheets is not desired). The material will usually support foot traffic within an hour after the bleeding ends. Typically, full traffic can be allowed on the hardened flowable fill within 8 to 20 hours (depending on site conditions, volume to be backfilled, etc.) without damage to the fill or any structures below. If it is necessary to return traffic in less than 8 hours, or if there is concern that traffic flow will "rut" the hardening flowable fill, steel plates shall be used to bridge over the hardening flowable fill as directed by the Utilities Department representative. If the filled cavity is too wide to bridge, steel plates shall be placed on top ofthe hardening flowable fill as soon as it is able to support foot traffic (one hour after bleeding ends), and full traffic can be allowed without damage to the fill or the structure below. As the extra water is displaced from the consolidating flowable fill, there will be an initial subsidence of about one-eighth (1/8) of an inch per vertical foot. Once the flowable fill hardens, there shall be no future settlement. The hardened flowable fill can be shaped to grade the next day to allow the patch thickness required. The patch may be applied directly to the cured flowable fill. 14-1 7 It will be the responsibility of the Contractor to furnish the necessary information to obtain approval of the mix design and to use the necessary construction techniques to assure that the finished material will perform as intended. 14.18 JACKING AND BORING Where shown on the Drawings, the pipeline shall be installed in a steel casing, placed by boring and jacking. Where boring is required under highways, the materials and workmanship shall be in accordance with the standards of the Georgia Department of Transportation or local authority. Boring and jacking under railroads shall be governed by the latest A.R.E.A. standards and those of the railroad involved. Refer to Section 14.7.4 for additional requirements. 14.19 PAVEMENT REMOVAL AND REPLACEMENT Where necessary, existing pavements shall be removed and replaced; the applicable specifications of the Georgia Department of Transportation or local authority shall govern this work. Joints shall be sawed, unless joints are equally uniform in the opinion of the Engineer from other means. Refer to Right -of- W ay Encroachment Guidelines for pavement removal and replacement with Augusta right- of-way. END OF SECTION 14-18 I I I I I I I I I I I I I I I I I I I ------------------- QQ~QQ~~ "11 i ~ ~ :llI "lI ,: ,: 0 I ~ I ~ Sil n ~ .. ~j 0 g j ~ !:I > .t. ~ :-0 '- '- ~iit~i ~i ~~~~ a!;~ I~ m~~ ~ i,,~:~ III ~ ~I"l S~ I!!! .i~i~1 ~~ ;~ III~ Iql~ s ~i &~~ : ~~ @ ~- ~ Ii CI 'm I iI pi II !llil~~ ~bl~m!~~ ~nl~!; il!ljll "I~~~~~ i"~II~ iB~ i Iz i~ I~ IF ~~ I .0 19 jv l- ..z .0 . 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