Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CONTRACT BLAIR CONSTRUCTION FORT GORDON NEW WATER AND SEWAGE CONNECTIONS PROJECT
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR FORT GORDON NEW WATER AND SEWAGE CONNECTIONS PROJECT Augusta, Georgia The Honorable Deke S. Copenhaver, Mayor Commissioners: Matt Aitken Corey Johnson Joe Bowles Alvin Mason Bill Lockett Joe Jackson Jerry Brigham Wayne Guilfoyle J.R. Hatney Grady Smith Tom D. Wiedmeier Director, Augusta Utilities Department Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 May 2012 CONTENTS SECTION TITLE # OF PAGES I Invitation to Bid IB Instructions to Bidders P Proposal A Agreement 3 NA Notice of Award 1 NP Notice to Proceed 1 CO Change Order 1 BB Bid Bonds 2 PB Performance and Payment Bonds 5 GC General Conditions 52 SG Supplementary General Conditions 10 Standard and Technical Specifications Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706 - 821 -2422 GERI A. SAMS, Procurement Director cc: Tameka Allen Tom Wiedmeier Jerry Delaughter Stanley Aye Revised: 8/15/2011 Invitation To Bid Sealed bids will be received at this office on Friday, May 25, 2012 @ 11:00 a.m. for furnishing: Bid Item 12 -139 Fort Gordon New Water & Sewage Connections for Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street — Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at athe offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Thursday, May 3, 2012 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by fax to 706 821 -2811 or by email to orocbidandcontract tarauqustaga.gov to the office of the Procurement Department by Monday, May 7, 2012 © 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Deputy Administrator Utilities Department Utilities Department Utilities Department IB -01 GENERAL All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB -02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the conformation of the ground; the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work; the general and local conditions; and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the OWNER, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB -03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other pre -bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Geri A. Sams, Director of Procurement; Procurement Department; Room 605; 530 Greene Street; Augusta, GA 30901 and to be given consideration must be received at least ten 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 facsimile or U.S. mail to all prospective bidders (at the respective addresses furnished for such purposes), not later than five 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 Alternative bids will not be considered unless specifically called for. IB -1 SECTION IB INSTRUCTIONS TO BIDDERS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB -05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the CONTRACTOR to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB -06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The OWNER may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The OWNER reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB -07 PERFORMANCE BOND At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the use of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER and authorized by law to do business in the State of Georgia. Attorneys -in -fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB -08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the OWNER. In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto and totaling: 4 .. 0 eC/ //l �•� �/ X And % /100 Do llars Sa - ). �3 W 7 � The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the Owner, and that he will provide the bond or guarantees required by the contract documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work in accordance with required contract performance dates based upon a written notice to proceed per each qualified task order. The undersigned hereby also agrees that the work will be completed within a time frame reasonable to accomplish the work, or that which has been mutually agreed upon by the Augusta Utilities Department, based on the scope for work for the task order as assigned. Date: 7 0.32 z /L Gentlemen: In compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and material, and perform all work for the project referred to herein as: BID ITEM #12 -139 FORT GORDON NEW WATER AND SEWAGE CONNECTIONS PROJECT The undersigned acknowledges receipt of the following addenda: Addendum No. Addendum Date /Jicl ®/✓CL Amount of /r-77,, v ? 73i,/ �m ��• a7� � 0�3 , Enclosed is a bid guarantee consisting of �— P- 1 SECTION P PROPOSAL in the Respectfully Submitted, Firm T'U, x 7 � t Address 7347,5'4:›7 TITLE:Ce T ?€ %c" D ESCRIPTION : - _ , '' . `'; ' ..,.. =;-,: UNITS ' _.:., --:tre:TA6.---:-. 6" diameter PVC sanitary sewer pipe SDR 35, Depth 0' to 10', including Type II (No. 67 stone) bedding 6 650 L LF / /3 , e eg 8" diameter PVC sanitary sewer pipe SDR 35, Depth 0' to 10', including Type II (No. 57 stone) bedding 7 700 L LF Pre-Cast ' 25 E EA - '''s 33 77S 6" sanitary sewer service, complete(100 LF per service) 0 40 E EA / 05 6 Cut and plug existing sanitary sewer, diameter varies 8 8 E EA Tie new san. Sewer to existing manholes, diameter varies 1 15 E EA , ,4 2 /S ---5-=5f. 0 0/OLS 1" Tap complete on 6 to 8" mains 13 E EA s sc, c". / // 2" Tap complete on 6 to 8" mains . 15 E EA / .... /4„ 3" Tap complete on 6 to 8" mains 2 15 E EA / 2.11 z3 e,,e3 4" Tap complete on 6 to 8" mains 15 E EA / /72e 4.9 Z Zgiee: g 6" Tap complete on 6 to 8" mains 15 E EA 2 2c/23 8" Tap complete AUGUSTA UTILITIES DEPARTMENT BID #12-139 - FORT GORDON NEW WATER AND SEWAGE CONNECTIONS PROJECT 12" DIP, water transmission, Class 350, standard joint 200 LF g g.-!—' ]) ea , c , °` Fire hydrant, installed complete with valve, lead pipe, joint restraint, and blocking with ATV included 16 EA 3c' c' p° ?Lg Miscellaneous Pipe fittings and connections 5000 LB . 3 37 /4 73— r` Lump Sum Construction 1 15% ....4N252 cS252 _5"; AUGUSTA UTILITIES DEPARTMENT BID #12 -139 - FORT GORDON NEW WATER AND SEWAGE CONNECTIONS PROJECT LUMP SUM CONSTRUCTION • Mobilization, Demobilization • Bonds, Insurance • Gabion Retaining Walls • Remove and reset fences, All types • Remove and Replace Trees and Plants • Remove and reset gates, All types • Remove and reset storm sewer, lengths & sizes vary • X" <material> drain pipe • Remove and reconnect water services • Reconnect sanitary sewer services • Reconstruct <material> wall, Height varies • Remove and reset signs, type varies • Remove and reset water sprinkler systems, complete • Remove and reset water valve and /or meters, size varies • Remove and reset yard lamps, type varies • Remove and reset mailboxes, type varies • Erosion and sediment control (temporary grassing, construction exits, rip -rap, misc. erosion control structures) • Silt Fence, Type "A" • Silt Fence, Type "B" • Silt Fence, Type "C" • Traffic control • Miscellaneous grading • Permanent Grassing • Raise manholes and valve boxes to grade Blair Construction, Inc. P.O. Box 770 Evans, Georgia 30809 Phone (706) 868 -1950 Fax (706) 868 -1855 BIDDERS QUALIFICATION STATEMENT with Proposed Suppliers In the early 1950's Blair L. Mutimer began the Augusta located company Blair Construction. In 1973 the business was incorporated in the State of Georgia as Blair Construction, Inc. Blair Construction, Inc. has at some time performed grading, paving and underground utility construction for most every municipality within a 40 to 50 mile radius of the City of Augusta. The majority of the work we perform is either for the City of Augusta or Columbia County. We have an outstanding and well- respected relationship with both these municipalities. Our company employs approximately 53 persons and has an average annual revenue of around $12,000,000. Approximately 80 percent of our work is large diameter underground utilities with the other 20 percent being earthwork and base & paving. We currently hold Certificates of Qualifications from both the State of Georgia and the State of South Carolina Departments of Transportation. As established in past projects with the City of Augusta, we have both the experience and means to perform the subject project to which we are bidding. Below are qualified Suppliers we propose to utilize for this project. • Reeves Construction • USA Aggregates • Augusta Ready Mix • HD Supply or Ferguson Waterworks • McWane Cast Iron • Tindall Precast for asphalt & tack for stone base for concrete for PVC pipe, valves & fittings for DIP piping for precast manholes Listed on the following page are recent projects of similar size and/or nature to which Blair Construction, Inc. has successfully completed. 1. Rae's Creek Channel Improvements, Phase III City of Augusta, GA Contract Amount: $907,734.80 2. Butler Creek Interceptor Upgrade City of Augusta, GA Contract Amount: $5,400,889.36 3. Ridge Crossing Drainage Improvements Columbia County, GA Contract Amount: $950,067.70 4. Cummings Road Grading and Paving Aiken County, SC Contract Amount: $514,684.84 5. 36" High Service Water Line Columbia County, GA Contract Amount: $318,206.84 6. Highway 25 Wastewater Collection Improvements City of Augusta, GA Contract Amount: $1,096,770.33 Kissingbower Road Area Water and Sewer Improvements City of Augusta, GA Contract Amount: $1,633,317.92 8. Spirit Creek Force Main City of Augusta, GA Contract Amount: $5,485,149.66 9. Olive Road Sanitary Sewer Improvements City of Augusta, GA Contract Amount: $764,322.37 We appreciate the opportunity to submit our bid on this project and are sure our experience and qualifications will be acceptable. If any other information is needed, please feel free to contact us. Resp: ctfully Submitted: Date: May 25, 2012 lair L. Mutimer III, Vice President BID BOND KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc. of PO Box 770, Evans Georgia 30809 as Principal, and Western Surety Company (hereinafter called the Surety), as Surety are held and firmly bound unto Augusta Commission, 530 Greene Street, Room 605, Augusta, GA 30911 (hereinafter called the Obligee) in the penal suin of 10% of Bid Amount Dollars ($ 10% of Bid Amount ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, inintly and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Fort Gordon New Water and Sewer Connections NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 25th day of S- 0053 /GEEF 10/99 Witness W itness May { , 2012 . Western Surety Company l By L-3- Lt-c-k- 42-L. Buck Leigh (hereinafter called the Principal), Blair Construction, Inc. 2 (Seal) cipal Title Attorney -in -Fact Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Buck Leigh, Individually of Columbia, SC, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by be hereto affixed on this 23rd day of June, 2011. State of South Dakota County of Minnehaha On this 23rd day of June, 2011, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 }yS6SbSSbS1SS6SSb4byyg1S.,+ a D. KRELL r s NOTARY PUBLIC EA ,r s SOUTH DAKOTA s s 1 4.4S4 SS4y S.aNbbh44S44b44 4. Form F4280 -09 -06 } SS I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 7/ S" f Z. day of May / , 2-o / Z• #1 ^ N i ta z ;i O T� mo w„„ Paul '. Bruflat, Senior Vice President CERTIFICATE WESTERN its Senior Vice President and its corporate seal to SURETY COMPANY D. Krell, No ry Public WESTERN SURETY COMPANY cly 24 ILD""jeL./ L. Nelson, Assistant Secretary THIS AGREEMENT, made on the 1 day of ) by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA, GEOR IA COMMISSION, party of the first part, hereinafter called the OWNER, and , 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 (when specified in each Task Order), equipment and labor necessary to perform all of the work shown for each individual Task Order as a part of the: FORT GORDON NEW WATER AND SEWAGE CONNECTIONS PROJECT and, in accordance with the requirements and provisions of the General and Supplemental General Conditions attached , which are hereby made a part of this agreement. In addition, the unit price by which Task Orders are negotiated shall be considered valid for 365 calendar days from contract approval. CONTRACTOR shall be compensated in accordance with the compensation provisions below and in accordance with the rates established in Bid Item 11 -160 or as may be amended and approved by OWNER. ARTICLE II - TIME OF COMPLETION /LIQUIDATED DAMAGES The work to be performed for each Task Order shall be reviewed with the CONTRACTOR prior to OWNER issuing notice to proceed. Once both parties have agreed, in writing, to the work described in the Task Order, a written notice to proceed shall be issued by OWNER. Work on the Task Order shall be commenced within 10 calendar days after the date of notice to proceed with each Task Order. All work shall be completed within the calendar days specified in the Task Order with all such extensions of time as are provided for in the Task Order documents. All task orders for this contract will be issued within the 12 month contract period. 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 in each authorized Task Order is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE TASK ORDER 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 Five Hundred and no/100s ($500.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would, in such event, sustain, and said amounts shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence for each and every Task Order to be assigned under this Contract, and the specifications wherein a definite portion and certain length of time is fixed, if additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. Points of Contact and Direction All administrative deliverables including notices, certificates and permits required under this Agreement shall be submitted to the OWNER. All technical deliverables required by the Task Order shall be submitted to OWNER technical point of contact (POC) noted below. Any administrative or technical direction received from these individuals, unless received in the form of a revision to this Agreement, shall be considered informational only and shall not be binding by the parties. All notices and actions by OWNER under this Agreement shall be submitted to the CONTRACTOR POC identified below. OWNER Technical POC: AUD assigned project engineers CONTRACTOR POC: 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 Task Order based upon rates stated in the Bid Item 11 -160, with a guaranty of TASK ORDERS EQUALING, at least, the minimum of 20% of the total CONTRACT amount for the duration of the contract. Fixed Unit Rate Services - Compensation for services rendered on the basis of fixed unit rates shall be at the rates established as specified in the Bid Item 11 -160. Unless otherwise stated, these rates are firm for the period of performance and include all elements of labor, overhead, other direct costs and profit. Total compensation under this Agreement currently is $ (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the OWNER an estimate covering the quantities used toward completion of Task Order which has been completed from the start of the Task Order to and including the last working day of the preceding month, together with such supporting evidence as may be required by the OWNER. This estimate shall include only the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the OWNER shall after deducting previous payments made, pay to the CONTRACTOR 90 % of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the OWNER until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work for a given Task Order is ready for final inspection and acceptance, the OWNER's designated representative shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the authorized Task Order fully performed, he will promptly issue a final certificate for that Task Order, over his own signature, stating that the work required by this Task Order has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the CONTRACTOR, including the retained percentage, shall be paid to the CONTRACTOR by the OWNER within 15 days after the date of said final certificate. (B) Before final payment is due, the CONTRACTOR shall submit evidence satisfactory to the OWNER that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. A -2 (C) The making and acceptance of the final payment for each Task Order shall constitute a waiver of all claims by the OWNER regarding the work done as part of that Task Order, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the CONTRACTOR except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the CONTRACTOR, and the OWNER Representative so certifies, the OWNER shall upon certification of the OWNER representative, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Entire Agreement This Agreement supersedes all prior agreements and understandings and may only be changed by written revision executed by both parties. IN WITNESS 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. OWNER: AUGUSTA, GEORGIA By: By: CONTRACTOR: The Honorable Deke Copenhaver i(p fr - Mayor Date: (,o ' 2 APPROVED AS TO FORM: Attorney Date: 7/3//1 Blair Construction, Inc. Name: William R. Mutimer J Title: Vice President Date: 6-15 -12 By: DEPARTMENtV OVAL: ATTEST: t, ��` " ", SEAL Byj/i1.041 /41.4 J Lena J. Bonne Clerk of th Date: Date: Director, Augusta Utilities Department a. Thomas D. Wiedmeier ATTEST: Name: Title: Corp. Secretary Date: 6 Blair L. Mutimer , laC I I Y 1111 �� T9 * ,Ir � r rth..rrr , tr•a‘, CONTRACTOR: ADDRESS: NOTICE OF AWARD City PROJECT: PROJECT NO: At a meeting of the held on (Date) you were awarded the Contract for the following Project: Enclosed please find 5 copies of the Contract Documents for your execution. Please complete the pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office 10 days from the date of this letter, excluding Legal Holidays. The Certificate of Insurance must be complete. Power of Attomey must be submitted in triplicate; an original and two copies is permissible. Very truly yours, Augusta Program Management Team Project Engineer Reciept of this NOTICE OF AWARD is hereby acknowledged this, the Contractor By Please sign and return one copy of this Notice of Award Acknowledgement to: Augusta Utilities Department Attn: Program Managers 360 Bay Street, Suite 180 Augusta, GA 30901 1 DATE: State Zip Code day of , 20 Title TO: Name Attn:Firm Contact Addressl City, State 30901 PROJECT: Name PROJECT NO: You are hereby notified to commence WORK in accordance with the Agreement dated on or before , and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore Very truly yours, Augusta Program Management Team Project Engineer Receipt of this NOTICE TO PROCEED is hereby acknowledged This, the day of , 2012 Contractor: By: Title: Please sign and return one copy of this Notice to Proceed Acknowledgement to: Augusta Utilities Department Attn: Program Managers 360 Bay Street, Suite 180 Augusta, GA 30901 NOTICE TO PROCEED DATE: Description of Change (for a more detailed description see attached proposal): CONSTRUCTION CONTRACT CHANGE ORDER PROJECT TITLE ORIGINAL CONTRACT DATE OWNER AUGUSTA, GEORGIA PAYEE The following change is hereby made to the contract for the above project: TOTAL AMOUNT OF THIS CHANGE ORDER The contract time will be INCREASED by 0 calendar days as a result of this change. ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDER (INCREASE) THIS CHANGE ORDER (INCREASE) TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER FUNDING NUMBER /ACCOUNT NUMBER PROPOSED BY: REQUESTED BY: SUBMI 11ED BY: FINANCE ENDORSEMENT: RECOMMENDED BY: APPROVED BY: CONTRACTOR ENGINEER DEPARTMENT HEAD COMPTROLLER ADMINISTRATOR MAYOR CO NUMBER BID ITEM DA'T'E PROJECT NUMBER PO NUMBER DA LE: DA "1'E: DATE: DA 1'E: DATE: DA 1'E: Date: June 19, 2012 Re: Blair Construction, Inc. aM.-.e4h a .ace 9725 Dunbarton Drive Columbia, SC 29223 TEL: 803/788-4597 FAX: 803/788-4576 Cell: 803/261 -6582 Email: buckleigh n,bellsouth.net Job: Fort Gordon New Water And Sewage Connections Richmond County, GA This letter gives authorization to Augusta- Richmond County Commission to write in the agreement date on both the performance and payment bonds in the absence of the surety. Upon signing, please send a copy of the signed and dated bonds and power of attorney back to me. Best Regards BuckLeigh File: Undated Bonds PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. document No. A -311 KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, Western Surety Company, CNA Plaza, Chicago, Illinois 60685 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto Augusta Richmond County Commission, 530 Greene St., Room 605, Augusta, GA 30911 as Obligee, hereinafter called Owner, in the amount of Four Hundred Fifty Thousand Four Hundred Thirty Six and 32/100 - - - Dollars ($ 450,436.32 •). for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , 2012 , entered into a contract with Owner for Fort Gordon New Water And Sewage Connections Project Richmond County, GA (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Bond No. 586 91457 (Here insert full name and address or legal title of Owner) S- 1219 /GEEF 10/99 Page 1 of 2 The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the Signed and sealed this 2' ' day of S- 1219 /GEEF 10/99 PERFORMANCE BOND 586 91457 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. (Witness) Page 2 of 2 contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. ; 2012 J A VntO Blair Construction, Inc., PO Box 7 Evait; • Georgia 30809 (Seal) (Principal) Western Surety Company, CNA Plaza, Chicago, Illinois 60685 / (Title) (Seal) (Surety) Buck Leigh, Attorney -in -Fa (Title) LABOR AND MATERIAL PAYMENT BOND Conforms with The American Institute of Architects A.I.A. Document No. A -311 Bond No. 586 91457 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, Western Surety Company, CNA Plaza, Chicago, Illinois 60685 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto Augusta Richmond County Commission. 530 Greene St., Room 605, Augusta, GA 30911 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Four Hundred Fifty Thousand Four Hundred Thirty Six and 32/100 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , 2012 , entered into a contract with Owner for Fort Gordon New Water And Sewage Connections Project Richmond County, GA (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Dollars ($ 450,436.32 ). S- 1220 /GEEF 10/99 Page 1 of 2 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant. may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials Signed and sealed this /y day of �'"'"e- , 2012 . LABOR AND MATERIAL PAYMENT BOND (Witness) (Witness) S- 1220 /GEEF 10/99 Page 2 of 2 Buck Leigh, Attorne ; -Fact 586 91457 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (I) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. , ,,,,, :::,..............,., ,,,,,, ,,‘, , 4j C AL Blair Construction, Inc., PO Box ?7i vort 73 r Georgia 30809 1f6 t F � .. ) '•�® . �fSe al l ��� (Pfip ipal) `61.416-A:._ /‹ Pit-t- .4/ \/Ge ---,. 'ii'c/ (Title) Western Surety Company, CNA Plaza, Chicago, Illinois 60685 (Seal) tx • _ (Surety) (Title) POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Thomas M Albus, Buck Leigh, Individually of Columbia, SC, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and i ts corporate seal to be hereto affixed on this 8th day of January, 2010. State of South Dakota County of Minnehaha Form F4280 -09 -06 } ss Western Surety Company - In Unlimited Amounts - WESTERN SURETY COMPANY Paul . eNna� , Senior Vice . Bruflat Senior Vice President an this 8th day of January, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires 1444444444444444444444444 4 r D. KRELL r November 30, 2012 i NOTARY PUBLIC .r .4- SOUTH DAKOTA r 1444444444444444444444441 ir(0.104- D. Krell, No ry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this �9 day oft'`'" , ZC-›/Z. WESTERN SURETY COMPANY L. Nelson, Assistant Secretary THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVn POLICY NUMBER POLICY EFF (MM /DDIYYYY) POLICY EXP (MM /DD /YYYY) LIMITS A GENERAL X X LIABILITY COMMERCIAL GENERAL (CLAIMS -MADE Pollution Liability INSURED Blair Construction, Inc. Southern Asphalt, LLC Evans Paving and Grading, LLC P. O. Box 770 Evans GA 30809 LIABILITY OCCUR INSURERCHanover Insurance Co. CPP0004476 7 2/14/2012 2/14/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100, 000 MEDEXP(Anyoneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: — 1 POLICY X ( FWf n LOC PRODUCTS - COMP /OP AGG $ 2,000,000 A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X _ SCHEDULED AUTOS NON -OWNED AUTOS CA 0005458 7 2/14/2012 2/14/2013 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 BODILY INJURY (Per person) $ BODILY (Per OIY ( ) $ PROPERTY DAMAGE (Per accident) $ Medical payments $ 5 , 000 B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UMB0002841 7 2/14/2012 2/14/2013 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED 1 RETENTION $ 10,00C $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A 010 -WC12A -54981 2/14/2012 2/14/2013 WC STATU- OTH- Y . TORY 1 IMITR 1 ER E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Leased and Rented Equipment IHA4999540 -03 2/14/2012 2/14/2013 $310,000 any one item $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Fort Gordon New Water and Sewage Connections Contract amount: $450,436.32 ACORIJ CERTIFICATE OF LIABILITY INSURANCE ` DATE(MM /DD/YYYY) 6/15/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Sutter, Mclellan, & Gilbreath, Inc. 1424 North Brown Road Suite 300 Lawrenceville GA 30043 -8107 CONTACT Linda Mitchell CIC NAME: PHO Nn. Extl: (770)246 -8300 I (A /, No): (770)246 -8301 AIL SS: lmitchell@smginsurance.com A DD E-M RE 1NSURER(S) AFFORDING COVERAGE NAIL # INsuRERA:National Trust Insurance INSURED Blair Construction, Inc. Southern Asphalt, LLC Evans Paving and Grading, LLC P. O. Box 770 Evans GA 30809 INSURERB Insurance Co. INSURERCHanover Insurance Co. 22292 INSURER D : INSURER E: INSURERF: COVERAGES CERTIFICATE HOLDER ACORD 25 (2010/05) CERTIFICATE NUMBER•2012 -2013 7068212811@metrofax.com Augusta GA Commission Room 605, Municipal Building Augusta, GA 30911 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE M Jaynes CSP /LINDAM • ©1988 -2010 ACORD CORPORATION. All rights reserved. INS025 (201005).01 The ACORD name and logo are registered marks of ACORD Revision Date August 2001 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 OWNER to prospective Bidders prior to the time of opening of Bids. Agreement -The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment -The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds -Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order- - A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents -The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price -The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time -The number of days (computed as provided in paragraph 17.2.1) or the date stated in the Agreement for the completion of the Work. CONTRACTOR -The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY - Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta, Georgia 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, GC -1 General Requirements- Sections of Division I of the Specifications. Laws or Regulations -Laws, rules, regulations, ordinances, codes and /or orders. Revision Date August 2001 reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings -The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia. Field Order -A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. Notice of Award -The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER- Augusta, Georgia, and the Augusta, Georgia Commission. Partial Utilization- Placing a portion of the Work in service for the purpose for which it is intended or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL -The Architectural /Engineering firm or individual or in -house licensed person designated to perform the design and /or resident engineer services for the Work. PROGRAM MANAGER — The professional firm or individual designated as the representative or the OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Project Area -The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager -The professional in charge, serving OWNER with architectural or engineering services, his successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative -The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof. 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 GC -2 Supplier -A manufacturer, fabricator, supplier, distributor, materialman or vendor. Unit Price Work -Work to be paid for on the basis of unit prices. Revision Date August 2001 submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications -Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 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. 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. Work -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Change Directive -A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. 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. Delivery of Bonds: ARTICLE 2- PRELIMINARY MATTERS 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and /or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: Revision Date August 2001 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 OWNER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to GC -4 each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which OWNER may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre - construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER, PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: Revision Date August 2001 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. Intent: ARTICLE 3- CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Revision Date August 2001 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well -known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, 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 of the following ways: 3.6.1. a formal Written Amendment, 3.6.2. a Change Order (pursuant to paragraph 10.3), or GC-6 3.7.1. a Field Order (pursuant to paragraph 9.5). Revision Date August 2001 3.6.3. a Work Change Directive (pursuant to paragraph 10.4). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7.2. PROFESS{ONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. 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: ARTICLE 4- AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Revision Date August 2001 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. GC -8 Physical Conditions - Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not 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: Revision Date August 2001 4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or GC -9 Revision Date August 2001 Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. Performance and Other Bonds: ARTICLE 5 -BONDS AND INSURANCE Licensed Sureties and Insurers; Certificates of Insurance Revision Date August 2001 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other GC -11 than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. OWNER's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and /or Risk Retention Program and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: Revision Date August 2001 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary 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 GC -12 of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. 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: Receipt and Application of Proceeds: GC -13 Revision Date August 2001 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all 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. 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of Toss to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization- Property Insurance: Revision Date August 2001 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification 5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and 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 GC -14 Revision Date August 2001 directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys' fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. 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. ARTICLE 6-- CONTRACTOR'S RESPONSIBILITIES Revision Date August 2001 6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTORS representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and 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 OW NER'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. 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: GC -16 Concerning Subcontractors, Suppliers and Others: Revision Date August 2001 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior 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. 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 GC -17 other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. GC -18 Revision Date August 2001 Laws and Regulations: Revision Date August 2001 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any Toss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. Revision Date August 2001 6.18. CONTRACTOR shall not Toad nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or GC -20 Revision Date August 2001 adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Change Directive or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to GC -21 PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: Revision Date August 2001 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, Toss 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, GC -22 regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 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. Revisicn Date August 2001 Related Work at Site: Coordination: ARTICLE 7 -- -OTHER WORK Revision Date August 2001 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by aided OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility OWNERs and other contractors. 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, . and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. ARTICLE 8 - -- OWNER'S RESPONSIBILITIES Revision Date August 2001 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. OWNER's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and interpretations: ARTICLE 9 - -- PROFESSIONAL'S STATUS DURING CONSTRUCTION Revision Date August 2001 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and /or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. GC -26 Rejecting Defective Work: Revision Date August 20o' 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. and 12. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition 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 GC -27 matter. Revision Date August 2001 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 10 -- CHANGES IN THE WORK Revision Date August 2001 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Work Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. 10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11- CHANGE OF CONTRACT PRICE Revision Date August 2001 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 11.3.2. When it is determined 'by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit 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. GC -30 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of the Work: Revision Date August 2001 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, GC -31 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. Revision Date August 2001 which are consumed in the performance of the Work, and cost Tess market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.8. 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, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 -all of which are to be considered administrative costs covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital GC -32 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: follows: percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.3, Revision Date August 2001 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease, and 11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CON - TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net 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 GC -33 Revision Date August 2001 discipline /trade with the unit cost per man -hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. ARTICLE 12 -- CHANGE OF CONTRACT TIME Revision Date August 2001 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in 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. ARTICLE 13-- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: Revision Date August 2001 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. Access to Work: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or GC -36 approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: Revision Date August 2001 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: GC -37 OWNER May Correct Defective Work: 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: GC -38 Revision Date August 2001 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs 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 Revision Date August 2001 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 engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. Schedule of Values: ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10 %) retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: Revision Date August 2001 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty -one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on -site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF - ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that GC -40 Revision Date August 2001 CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off -set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended 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 GC -41 Revision Date August 2001 tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the 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 GC -42 recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14A2. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked -up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (11) 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. GC-43 Revision Date August 2001 GC -44 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: CONTRACTOR's Continuing Obligation: Revision Date August 2001 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 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 Waiver of Claims: Revision Dat, August 2001 CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). 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. OWNER May Suspend Work: ARTICLE 15-- SUSPENSION OF WORK AND TERMINATION Revision Date August 2001 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 any one or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, GC-46 Termination for Convenience Revision Date August 2001 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. 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of Toss 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 GC -47 Revision Date August 2001 to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty -one calendar days after it is submitted to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. ARTICLE 16—DISPUTE RESOLUTION Revision Date August 2001 16.1. All disputes arising under this Contract or its interpretation whether involving law or factor both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. Giving Notice: Computation of Time: General: ARTICLE 17- MISCELLANEOUS Revision Date August 2001 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. 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. 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all GC -50 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: Revision Date August 2001 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24 -hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. AU bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate. GC -51 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta, GA 30901. The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM MANAGER's own personnel. The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work Revision Date August 2001 SECTION SC -01 Scope of the Work SC -02 List of Drawings SC -03 Bonds SC -04 Contractor's Liability Insurance SC -05 Project Sign SC -06 Protection of the Environment SC -07 Temporary Toilets SC -08 Plans and Specifications Furnished SC -09 Record Drawings SC -10 Shop Drawings Sc -11 Existing Structures SC -12 Salvage Material SC -13 Referenced Specifications SC -14 Traffic Control SC -15 Surveys SC -16 Construction Order and Schedule SC -17 Consulting Engineers SC -18 Inspection and Testing of Work SC -19 Site Access SC -20 Tree Save SC -21 Georgia Prompt Pay Act SC -22 City Acceptance SC -23 Disputes SC -24 Specified Materials SC -25 Interest Not Earned on Retainage SC -26 Basis of Payment SC -27 Compliance with Laws, Codes, Regulations, Etc. SC -28 Equivalent Materials SC -29 After Hours Inspection SECTION SC -0 INDEX TO SUPPLEMENTARY CONDITIONS -01. SCOPE OF THE WORK: The project referred to in the Agreement shall consist as outlined in each contract. The construction and installation of water mains appurtenances and property restoration. - 02. LIST OF DRAWINGS: The following drawings, prepared by The Augusta Utilities Department comprise the plans for the project. SHEET NO. TITLE C -1 C -2 C -3 -03. BONDS: -05. PROJECT SIGN: Cover Sheet Plan & Profile Details - 04. CONTRACTOR'S LIABILITY INSURANCE: Commercial General Liability (per occurrence) Each Occurrence General Aggregate Products Personal & Adv Injury Fire Damage Automobile Liability (any auto) Combined Single Limit Excess Liability (any auto) Each Occurrence Workers Compensation Employer Liability SECTION SC SUPPLEMENTARY CONDITIONS of the following major elements or portion thereof with appurtenances, sanitary sewer lines with DATE ORIGINAL REVISED REVISED 02/12/09 02/12/09 02/12/09 The Contractor will include in the lump sum payment for Lump Sum Construction the cost of his performance and payment bonds. Insurance shall be written with limits of liability shown below or as required by law, whichever is greater: $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 500,000 $ 1,000,000 $ 5,000,000 Statutory Limits $ 1,000,000 The Contractor will provide and install two (2) project signs at prominent locations on the construction site as directed by the Engineer. The signs will carry in a prominent manner the names of the project, the Owner, and the names of the Contractor and the Engineer and a 24 -hour phone number for the Contractor in 4 -inch letters. The sign shall be constructed and erected on wood posts in a substantial manner 8 -feet SC -2 above the ground. The full size stencil shall be approved along with colors before fabrication. The Contractor shall include the cost of the project signs in his Lump Sum Construction bid item. -06. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of the exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material from the project area onto adjacent properties or into adjacent water courses. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. -07. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. -08. PLANS AND SPECIFICATIONS FURNISHED: The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct black line prints together with a like number of complete bound specifications for construction purposes. Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. -09. RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction and at the completion of construction. Prior to submitting his estimate for final payment, as -built drawings are to be prepared and submitted by the contractor to the engineer. As -built drawings shall include tap locations and manholes located to a minimum of two separate surface features. - 010. SHOP DRAWINGS: The Contractor shall submit to the Engineer for his review shop drawings, cuts, diagrams, bar lists, steel details and other descriptive data on every item, where shown on the drawings or specified herein. The Contractor shall check all submittals and so indicate on each copy thereof. Five copies of such shop drawings shall be submitted to the Engineer before ordering of the material. Submittals which have not been checked by the Contractor will not be reviewed by the Engineer. Reviews by the Engineer of submittals will cover only general conformity with the project requirements, while responsibility for SC -3 detailed conformity shall remain with the Contractor. The Contractor will be notified by mail of the results of the submittal reviews within ten (10) days of the receipt by the Engineer thereof. - 011. EXISTING STRUCTURES: Where sidewalks, street signs, private signs, walls, sidewalks, fences, pipelines, etc. are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. - 012. SALVAGE MATERIAL: All existing installations to be removed, including but not limited to masonry and concrete rubble, asphalt, pipe, etc. will be disposed of at an approved location by the Contractor. - 013. REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. - 014. TRAFFIC CONTROL: Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration, latest edition. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta Fire Department, Police Department, Emergency Medical Services, and the Augusta Traffic Engineering Department of any street closures. - 015. SURVEYS: The Engineer has established base lines for locating the principal component parts of the work, together with a suitable number of bench marks adjacent to the work. From the information thus provided, the Contractor shall develop and make all detail surveys needed for SC-4 construction lines and elevations. The Contractor shall employ only Registered Land Surveyors or Registered Professional Engineer to perform all detail surveys. The Contractor will diligently preserve and maintain the position of all stakes, reference points and bench marks after they are set and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. -016. CONSTRUCTION ORDER AND SCHEDULE: SC -4 A. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified. B. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: (1) Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. (2) A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the overall contract time. (3) A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. C. With each request for payment the Contractor shall submit two copies of the bar chart clearly marked to show the work completed at the date of the payment requested. D. Progress Schedule Requirements (1) Bar Chart Schedule: Prepare on maximum 11 inch by 17 inch sheet size for each separate stage of Work as specified and shown, to include at least: (a) Identification and listing in chronological order of those activities reasonably required to complete work, including, but not limited to, subcontract work, major equipment design, factory testing and startup activities, project close out and cleanup and specified work sequences, constraints, and milestones, including Substantial Completion date(s). Listings to be identified by Specification section number. (b) Identify: (i) horizontal time frame by year, month, and week, (ii) duration, early - start, and completion of each activity and sub - activity and (iii) critical activities and Project float. - (c) Provide sub - schedules to further define critical portions of the work. (d) Monthly schedule submissions: show overall percent complete, projected and actual, and completion progress by listed activity and sub - activity. (e) Identify the critical path on the schedule. (2) General: (a) Schedule(s) shall reflect work logic sequences, restraints, delivery windows, review times, contract times and milestones set forth in the Agreement, and shall begin with the date of Notice to Proceed and conclude with the date of Final Completion. (b) The schedule requirement herein is the minimum required. Contractor may prepare a more sophisticated schedule if such work will aid Contractor in execution and timely completion of work. (c) Base schedule on standard 5 -day work week. (d) When bar chart or network analysis schedules are specified, use Primavera Project Planner, latest version, SureTrak latest version or a compatible and approved software. (e) Adjust or confirm schedules on a monthly basis as follows: SC -5 Contractor shall submit to Engineer for acceptance proposed adjustments in the progress schedule that will not change the contract times (or milestones). Such adjustments will conform generally to the progress schedule then if effect and additionally will comply with any provisions of the General Requirements applicable thereto. Proposed adjustments in the progress scheduled that will change the contract times (or milestones) may only be a Change Order. Use of float suppression techniques such as preferential sequencing or logic, special lead/lag logic restraints, and extended activity times are prohibited, and use of float time disclosed or implied by use of alternate float - suppression techniques shall be shared to proportionate benefits to Owner and Contractor. Pursuant to above float - sharing requirement, no time extensions will be granted nor delay damages paid until a delay occurs which (i) impacts project's critical path, (ii) extends work beyond contract completion date. -017. CONSULTING ENGINEERS: The Owner has engaged consulting engineers to assist the Director of Utilities, defined herein as the Engineer, by preparing plans and specifications for the work and by providing certain services during the bidding and construction phases of the project. The consulting engineer, are authorized to represent the Director of Utilities within the limits of the various duties delegated and assigned to the firm by the Director. Nevertheless the Director of Utilities remains the final authority hereunder and is the "Engineer" as used throughout the Contract Documents. The Program Manager for the project is Augusta Utilities 360 Bay Street, Augusta, Georgia 30901. The Program Manager's representative on the site will serve as the Resident Project Representative (RPR) for the project. The presence or duties of Program Manager's personnel at the construction site, whether as onsite representatives or otherwise, do not make Program Manager or Program Manager's personnel in any way responsible for those duties that belong to Owner and/or the Contractor or other entities, and do not relieve the Contractor or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. Program Manager and Program Manager's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the Contractor(s) or other entity or any other persons at the site except Program Manager's own personnel. The presence of Program Manager's personnel at the construction site is for the purpose of providing to Owner a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). Program Manager neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. SC -6 For this Agreement only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers or materials incorporated into the construction work. -018. INSPECTION AND TESTING OF WORK: The Owner shall provide sufficient competent engineering personnel for the technical observation and testing of the work. The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspections. Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or the culling over or removal of defective materials or for any other purpose requiring discharge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor, nor for the safety of the job. If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply. If any work should be covered up without review or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re- examination of any work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of re- examination and replacement. If such work is not in accordance with the Contract Documents, the Contractor shall pay such cost. The Owner will employ a qualified materials testing laboratory, hereinafter referred to as the Laboratory, to monitor more fully on the Owner's behalf the quality of materials and work, and to perform such tests as may be required under the Contract Documents as conditions for acceptance of materials and work. The Laboratory will be solely responsible to and paid separately by the Owner. The timing of the work of the Laboratory will be coordinated by the Engineer through his duly authorized inspector. The Owner will bear the cost of testing a particular material or area of the work once. Where retesting is required following corrective measures or under other circumstances, the Contractor shall reimburse the Owner for the cost of additional testing. SC -7 -019. SITE ACCESS: In order to minimize damage to existing paving and landscaping, access to the site for the contractor's personnel and equipment will be restricted to the routes designated by the Owner. The contractor will be required to use on those routes unless written approval is given by the owner. - 020. TREE SAVE: Prior to beginning grading operations, the Contractor is to notify the Owner and the Engineer so that those trees which are to be saved can be marked in the field. Once these trees are marked, the Contractor shall take every precaution, including tree protection fence, to save these trees. - 021. GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, 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 this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. - 022. CITY ACCEPTANCE: Notwithstanding any other obligations of the Contractor, he shall complete the work to the full satisfaction of the Augusta Utilities Department and the Engineer. This provision shall not relieve the Contractor of his responsibilities for guarantees. - 023. DISPUTES: All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. - 024. SPECIFIED MATERIALS: Attention is drawn to the specification of certain brands or manufacturers of construction materials on the drawings. Unless the phrase "or equal" appears in the specification thereon, no substitution or deviation from the product specified will be allowed. Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. -025. INTEREST NOT EARNED ON RETAINAGE: SC-8 Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due to the Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. - 026. BASIS OF PAYMENT: As explained in the section "Instructions to Bidders" and paragraphs 11.91, 11.92 and 11.93 of the General Conditions, payment for all items of construction will be made at the total of the actual number of units installed at the unit prices stated in the Bid Schedule to the Proposal. Partial payments will be made based on the actual number of units of work completed during the month and in -place at the unit prices stated in the Bid Schedule. - 027. COMPLIANCE WITH LAWS, CODES, REGULATIONS, ETC.: Supplementing the provision of the GENERAL CONDITIONS, the successful bidder awarded this contract by signing the contract acknowledges the following, however, this is not to be construed as all inclusive or being these only: 1. Underground Gas Pipe Law: The Contractor signing the contract acknowledges that he is fully aware of the contents and requirements of "Georgia Laws 1969, Pages 50 and the following, and any amendments and regulations pursuant thereto ", and the Contractor shall comply therewith. 2. High Voltage Act: The Contractor by signing the contract acknowledges that he is fully aware of the contents and requirements of "Act No. 525, Georgia law 1960, and any amendments thereto, and Rules and Regulations of the commissioner of Labor pursuant thereto" (the preceding requirements within quotation marks being hereinafter referred to as the "high voltage act "), and the Contractor shall comply therewith. The signing of Contract shall also confirm on behalf of the Contractor that he: A. has visited the premises and has taken into consideration the location of all electrical power lines on and adjacent to all areas onto which the contract documents require to permit the Contract either to work, to store materials, or to stage operations, and 13. that the Contractor has obtained from the Owner of the aforesaid electric power lines advice in writing as to the amount of voltage carried by the aforesaid lines. The Contractor agrees that he is the "person or persons responsible for the work to be done" as referred to in the high voltage act and that accordingly the Contractor is solely "responsible for the completion of the safety measures which are required by Section 3 of the high voltage act before proceeding with any work." The Contractor agrees that prior to the completion of precautionary measures required by the high voltage act he will neither bring nor permit the bringing of any equipment onto the site (or onto any area or areas onto which the contract documents require or permit the Contractor to work, to store materials, or to stage operations) with which it is possible to come within eight feet of any high voltage line or lines pursuant to operations arising out of performance of the Contract. The foregoing provisions apply to power lines located (a) on the site and (b) on any area or areas onto which the contract SC -9 documents require or permit the Contractor either to work, to store materials, or to stage operations, or (c) within working distance for equipment or materials, being used on (a) and (b) above. These provisions of the Contract do not limit or reduce the duty of the Contractor otherwise owed to the Owner, to other parties, or to both. The Contractor agrees that the foregoing provisions supplement provisions of the General Conditions. The Contractor agrees and acknowledges that any failure on his part to adhere to the high voltage act shall not only be a violation of law but shall also be a breach of contract and specific violation of the provisions of the General Conditions which pertains to safety precautions. 3. Occupational Safety & Health Act: The Contractor by signing the contract acknowledges that he is fully aware of the provisions of the Williams- Steiger Occupational Safety and Health Act of 1970 and he shall comply therewith. -028. EQUIVALENT MATERIALS: Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. -029. AFTER HOURS INSPECTION: If the Contractor opts to work before or after normal working hours, 8 a.m. to 5 p.m., Monday through Friday, or on Augusta, Georgia Legal Holidays, then the Contractor must pay for the cost of inspection by Augusta, Georgia and follow all necessary procedures listed in "Section 15, Right -of -way Encroachment Guidelines, Part E, Outside of Normal Working Hours," of the Augusta- Richmond County Planning Commission Development Documents dated September, 1999, or latest version. If inspectors of Augusta, Georgia are needed to work outside normal business hours, Augusta needs to be notified in advance. CONTRACTOR'S Liability Insurance SECTION SGC SUPPLEMENTAL GENERAL CONDITIONS Insurance shall be written with limits of liability shown below or as required by law, whichever is greater: • Commercial General Liability (per occurrence) Each Occurrence $ 1,000,000 • General Aggregate $ 2,000,000 • Products $ 2,000,000 • Personal & Adv Injury $ 1,000,000 • Fire Damage $ 500,000 • Automobile Liability (any auto) Combined Single Limit $1,000,000 • Excess Liability (Umbrella) Each Occurrence $5,000,000 • Workers Compensation Statutory Limits • Employer Liability $ 1,000,000 AUGUSTA UTILITIES DEPARTMENT SANITARY SEWER PROJECT - MEASUREMENT AND PAYMENT REVISED SEPTEMBER 8, 2004 SANITARY SEWER ITEMS S -1A through S -16I - All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, infiltration and exfiltration testing, mandrel pulling, and CCTV camera inspection as required. Camera inspection shall include all costs for closed circuit camera inspection of the sanitary sewer system, including mobilization, demobilization, inspection, video tape copies, and field reports. No additional payment shall be made for these items. ITEM S -17 - Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, carrier piping, installation, blasting, asphalt cutting, restrained joints and gaskets, end seals, and normal backfill. No additional payment shall be made for these items. ITEM S -18 - Select backfill shall be measured in cubic yards for both Types I and II and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in- place" volume. The standard trench width used to calculate the volume will be 7 feet. No additional payment shall be made for these items. ITEM S -19 - Miscellaneous pipe fittings and connections shall be measured in pounds and include costs for all fittings and installation except normal joints and gaskets regardless of material. No additional payment shall be made for these items. ITEMS S -20A through S -20F and S -23 - Pre -cast manholes shall be measured individually (each) and shall include costs for manholes, excavation, dewatering, asphalt cutting, collars and boots, grouting and /or other connections, installation, normal backfill, and vacuum testing as specified. Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re- tested at Contractor's expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. No additional payment shall be made for these items. ITEMS S -21A through S -21F, S -22A through S -22F, S -24 through S -25 - Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. SAN SEWER MEASURE PMT 04 09 08 1 OF 4 REVISED SEPTEMBER 8, 2004 ITEMS S - 26A through S - 26F - Sanitary sewer exterior manhole joint wrapping shall be measured individually and shall include the costs for wrapping material and installation. No additional payment shall be made for these items. ITEMS S - 27A through S - 27F - Sanitary sewer interior protective coating shall be measured by the vertical foot of manhole and shall include the costs for coating material and installation. No additional payment shall be made for these items. ITEM S - 28 - Outside drop piping shall be measured individually (each) and shall include the costs for all items associated with the drop manhole detail, exclusive of the manhole or manhole extensions. No additional payment shall be made for these items. ITEM S - 29 - Dog house /connector manholes shall be measured individually (each) and shall include the costs for excavation, dewatering, asphalt cutting, pipe cutting, collars and boots, grouting and /or other connections, ins allation, and normal backfill. The costs for the base section, first riser, cone section, and ring and cover shall be included within this line item. Additional depth manhole sections shall be included within the appropriate manhole line item. No additional payment shall be made for these items. ITEM S - 30 - Sanitary sewer connections shall be measured individually (each) and shall include costs for 6 -inch PVC piping, precast concrete valve ring with rebar, PVC twist -off plug, mainline tee, fitting, cleanout, excavation, dewatering, asphalt /concrete cutting (including service markings), installation, normal backfill, aggregate base and asphalt pavement repair, and property restoration. No additional payment shall be made for these items. ITEM S - 31 - Cut and plug sewers shall be measured individually (each) and shall include costs for cutting of existing pipelines, plugging of existing pipelines, excavation, dewatering, asphalt /concrete cutting, and normal backfill. No additional payment shall be made for these items. ITEM S - 32 - Cut and plug manholes shall be measured individually (each) and shall include costs for cutting of existing manholes, plugging of existing manholes, excavation, dewatering, asphalt /concrete cutting, and normal backfill. No additional payment shall be made for these items. ITEM S - 33 - Sanitary sewer manhole tie -ins shall be measured individually (each) and shall include costs for cutting /coring of existing manholes, collars, rubber boots, any required gaskets, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. ITEM S - 34 - AC water main crossings shall be measured individually (each) and shall include costs for AC pipe cutting, excavation, ductile iron piping, sleeves, backfill, and property restoration. No additional payment shall be made for these items. ITEM S - 35 - Ductile iron pipe polyethylene pipe encasement shall be measured in linear feet and shall include costs for pipe wrap materials and installation. No additional payment shall be made for these items. SAN SEWER MEASURE PMT 04 09 08 2 OF 4 REVISED SEPTEMBER 8, 2004 ITEM S - 36 - Concrete pipe encasement shall be measured in cubic yards and shall include costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. PAVEMENT STRUCTURES ITEM P - - Asphalt overlay shall be measured in square yards and shall include costs for asphalt materials and installation, temporary striping and permanent striping (replaced in kind), and markers (both temporary and permanent). No additional payment shall be made for these items. ITEM P - - Items associated with asphalt pavement repair and patching, including aggregate base (10 1/2" thick) and asphalt patch (2 1/2" thick) shall be measured in square yards and shall include costs for all aggregates (regardless of type), 2 " graded aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven (7) feet for payment purposes. No additional payment shall be made for these items. ITEM P - - Asphalt pavement leveling shall be measured in tons and shall include costs for all asphalt (regardless of type) used to create a level road surface prior to asphalt overlay as authorized by the project representative. The payment shall be based upon confirmed delivery tickets. No additional payment shall be made for these items. ITEM P4 - Milling shall be measured in square yards and shall include all materials, labor, equipment, and material removal and disposal costs. No additional payment shall be made for these items. ITEMS P - through P - - Concrete sidewalk and driveways shall be measured in square yards and shall include costs for 3000 psi concrete, installation, site preparation, formwork, and finishing. Existing concrete shall be removed to the nearest joint as directed by the project representative. Payment shall include all removal and disposal costs. No additional payment shall be made for these items. ITEM P - - Asphalt driveway replacement shall be measured in square yards and shall include costs for asphalt, installation, and site preparation, including necessary subgrade preparation, base removal, and base installation. Existing asphalt shall be removed to the nearest joint as directed by the project representative. No additional payment shall be made for these items. ITEM P - - Curb and /or gutter placement shall be measured in linear feet and shall include costs for concrete, installation, site preparation, formwork, and finishing. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. ITEM P - - Curb and gutter removal and replacement shall be measured in linear feet and shall include costs for removal and disposal of existing concrete curb and gutter, concrete, installation, site preparation, formwork, and finishing. Payment shall included all removal and disposal costs. No additional payment shall be made for these items. SAN SEWER MEASURE PMT 04 09 08 3 OF 4 REVISED SEPTEMBER 8, 2004 ITEM P - 10 - Raised edge asphalt curb shall be measured in linear feet and shall include costs for removal and disposal of existing asphalt curb, site preparation and installation. Payment shall include all removal and disposal costs. No additional payment shall be made for these items. MISCELLANEOUS ITEM M - - Flowable fill shall be measured in cubic yards and shall include costs for all materials, labor, equipment, and excess materials. No additional payment shall be made for these items. ITEM M - - Class A Concrete shall be measured in cubic yards and shall include costs for excavation, labor, equipment, and concrete material placement. No additional payment shall be made for these items. ITEM M - - Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No additional payment shall be made for these items. ITEM M - Foundation backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M - - Clearing and grubbing 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 these items. ITEM M - - Fence removal and replacement shall be measured in linear feet and shall include all costs associated with removal and replacement of the existing fence with new materials of like quality as necessary for sanitary sewer installation. No additional payment shall be made for these items. LUMP SUM CONSTRUCTION ITEM LS - - Lump sum construction includes, but is not limited to, the items described in the bid schedule. No separate or additional payment shall be made for these items. Lump sum items will be addressed per each task order. SAN SEWER MEASURE PMT 04 09 08 4 OF 4 P VGUST D 1 �' "1 `l� CE O RGiN AUGUSTA UTILITIES DEPARTMENT WATER SYSTEM PROJECT - MEASUREMENT AND PAYMENT REVISED SEPTEMBER 8, 2004 WATER MAIN ITEMS W -1A through W-31 - All piping line items shall be measured in linear feet and shall include costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal joints and gaskets, normal backfill, pressure and leakage testing, pipe sterilization, bacteriological testing, and flushing. No additional payment shall be made for these items. ITEM W4 - Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, carrier piping, and installation, blasting, asphalt cutting, restrained joints and gaskets, end seals, and normal backfill. No additional payment shall be made for these items. ITEM W -5 - Select backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in- place" volume. The maximum trench width used to calculate the volume will be 7 feet. No additional payment shall be made for these items. ITEM W -6 - Miscellaneous pipe fittings and connections shall be measured in pounds and include costs for all fittings and installation including normal joints and gaskets, mechanical joint restraint, etc., regardless . of material. No additional payment shall be made for these items. ITEM W-7 - Transition couplings shall be measured individually (each) and shall include costs for couplings, soil surface preparation, connection to water main, excavation, asphalt /concrete cutting, installation, normal backfill, and testing. No additional payment shall be made for these items. ITEM W -8 - Fire hydrants shall be measured individually (each) and shall include costs for hydrants, soil surface preparation, connection to water main, all associated valves and fittings, concrete pad (if required), excavation, asphalt /concrete cutting, installation, normal backfill, and testing. No additional payment shall be made for these items. ITEMS W -9A through W -12 - All valve line items shall be measured individually (each) and shall include costs for valves, valve boxes /vaults, manholes, valve extensions, excavation, dewatering, asphalt /concrete cutting, all associated fittings, installation, normal backfill, and testing. No additional payment shall be made for these items. WATER MEASURE PMT 04 09 08 1 OF 4 REVISED SEPTEMBER 8, 2004 ITEM W -13 - Tapping sleeve and valves shall be measured individually (each) and shall include costs for sleeve, valve, associated hardware, valve boxes, temporary plugging/ draining of pipeline, excavation, dewatering, asphalt /concrete cutting, installation, normal backfill, and testing. No additional payment shall be made for these items. ITEM W -14 - Check valves and vaults shall be measured individually (each) and shall include costs for valves, valve boxes /vaults, manholes, valve extensions, excavation, dewatering, asphalt /concrete cutting, all associated pipe and fittings, installation, normal backfill, and testing. No additional payment shall be made for these items. ITEM W -15 through W -16 - Long and short side water service connections shall be measured individually (each) and shall include costs for piping, water meter connection, dewatering, asphalt / concrete cutting (including service markings), installation, normal backfill, and property restoration. This line item shall include the cost of reconnection of any existing services, if required. No additional payment shall be made for these items. ITEM W -17 - Polyethylene pipe wrap shall be measured in linear feet and shall include costs for pipe wrap materials and installation. No additional payment shall be made for these items. ITEM W -18 - Tie -ins to existing lines shall be measured individually (each) and shall include costs for piping, dewatering, asphalt /concrete cutting, installation, normal backfill, and property restoration. No additional payment shall be made for these items. ITEM W -19 - All cut -in gate valves shall be measured individually (each) and shall include costs for valves, valve boxes /vaults, manholes, valve extensions, excavation, dewatering, asphalt /concrete cutting, all associated fittings, installation, normal backfill, and testing. No additional payment shall be made for this item. ITEM W -20 - Cut and plug existing water line shall be measured individually and shall include all costs associated with cutting into an existing line and plugging it as detailed in the plans and specifications. No additional payment shall be made for this item. ITEM W -21 - Miscellaneous concrete shall be measured in cubic yards and shall include costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. PAVEMENT STRUCTURES ITEM P -1 - Asphalt overlay shall be measured in square yards and shall include costs for asphalt materials and installation, temporary striping and permanent striping (replaced in kind), and markers (both temporary and permanent). No additional payment shall be made for these items. ITEM P -2 - Aggregate base (10 1/2" thick) and asphalt patch (2 thick) shall be measured in square yards and shall include costs for all aggregates (regardless of type), 2 1 /2 " graded aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven (7) feet for payment purposes. No additional payment shall be made for these items. WATER MEASURE PMT 04 09 08 2 OF 4 REVISED SEPTEMBER 8, 2004 ITEM P - - Asphalt pavement leveling shall be measured in tons and shall include costs for all asphalt (regardless of type) used to create a level road surface prior to asphalt overlay as authorized by the project representative. The payment shall be based upon confirmed delivery tickets. No additional payment shall be made for these items. ITEM P4 - Milling shall be measured in square yards and shall include all materials, labor, equipment, and material removal and disposal costs. No additional payment shall be made for these items. ITEMS P - through P - - Concrete sidewalk and driveways shall be measured in square yards and shall include costs for existing sidewalk removal and disposal, 3000 psi concrete, installation, site preparation, formwork, and finishing. Existing concrete shall be removed to the nearest joint as directed by the project representative. No additional payment shall be made for these items. ITEM P - - Asphalt driveway replacement shall be measured in square yards and shall include costs for existing asphalt removal and disposal, asphalt, installation, site preparation. Existing asphalt shall be removed to the nearest joint as directed by the project representative. No additional payment shall be made for these items. ITEM P - - Curb and /or gutter placement shall be measured in linear feet and shall include costs for existing curb and /or gutter removal and disposal, concrete, installation, site preparation, formwork, and finishing. No additional payment shall be made for these items. ITEM P - - Curb and gutter removal and replacement shall be measured in linear feet and shall include costs for removal and disposal of existing concrete curb and gutter, concrete, installation, site preparation, formwork, and finishing. No additional payment shall be made for these items. ITEM P - 10 - Raised edge asphalt curb shall be measured in linear feet and shall include costs for removal and disposal of existing asphalt curb and gutter, site preparation, and installation. No additional payment shall be made for these items. MISCELLANEOUS ITEM M - - Flowable fill shall be measured in cubic yards and shall include costs for all materials, labor, equipment, and excess materials No additional payment shall be made for these items. ITEM M - - Class A Concrete shall be measured in cubic yards and shall include costs for excavation, labor, equipment, and concrete material placement. No additional payment shall be made for these items. ITEM M - - Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No additional payment shall be made for these items. ITEM M4 - Foundation backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. Quantities WATER MEASURE PMT 04 09 08 3 OF 4 REVISED SEPTEMBER 8, 2004 shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M - - Clearing and grubbing 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 these items. ITEM M - - Fence removal and replacement shall be measured in linear feet and shall include all costs associated with removal and replacement of the existing fence with new materials of like quality as necessary for water line installation. No additional payment shall be made for these items. LUMP SUM CONSTRUCTION ITEM LS - - Lump sum construction includes, but is not limited to, the items described in the bid schedule. No separate or additional payment shall be made for these items. Lump sum items will be addressed per each task order. WATER MEASURE PMT 04 09 08 4 OF 4 SUPPLEMENT TO FORT GORDON NEW WATER AND SEWER CONNECTIONS PROJECT 1.) Defective pricing To the extent that the pricing provided by CONTRACTOR is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 2.) Specified excuses for delay or non - performance CONTRACTOR is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. 3.) Termination of the contract for default Failure of the CONTRACTOR, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta, Georgia may terminate this contract is part or in whole upon written notice to the CONTRACTOR pursuant to this term. 4.) Prohibition against contingent fees There shall be no contingent fees allowed under this contract. 5.) An acknowledgement by all parties contracting with Augusta, Georgia as follows: "Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non- payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts 6.) Use of Augusta, Georgia Landfill. All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees 7.) All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E -Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13 -10 -91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor's E -Verify number as evidence of verification of compliance with O.C.G.A. § 13 -10 -91 on the subcontractor affidavit provided in Rule 300 -10- 01 -.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services 8.) All contracts shall provide that Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia Local Small Business: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1- 10- 129(d) (7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties hereto have executed this Agreement in four (4) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. OWNER: AUGUSTA, GEORGIA By: By: The Honorable Deke S. Copenhaver Lena J. Bonner Clerk of the Commission Date: 7/ 2 1f 2 Mayor Date: f 3 0 it2" APPROVED AS TO FORM: BY: Ateelao, Attorney Date: CONTRACTOR: /2 Blair Construction, Inc. / / r By: ATTEST: SEAL DEPARTMENT APPROVAL: By: Thomas D. Wiedmeier Director, Augusta Utilities Department Date: ATTEST: SEAL Name: William R. Mutimer Jr. N Blair L. Mutimer III Title: vi ce President Title: Corp. Secretary `,,,��5.�[' u,,,',,• Date: 6 -19 -12 Date: 6 -19 -12 •`` C,, 40� p � �%• S L"z PART 1 GENERAL 1.01 SCOPE A. Clearing and grubbing includes, but is not limited to, removing from the Project site, trees, stumps, roots, brush, structures, abandoned utilities, trash, debris and all other materials found on or near the surface of the ground in the construction area and understood by generally accepted engineering practice not to be suitable for construction of the type contemplated. Precautionary measures that prevent damage to existing features, including trees, to remain shall be part of the Work. B. Clearing and grubbing operations shall be coordinated with temporary and permanent erosion and sedimentation control procedures. 1.02 QUALITY ASSURANCE AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 31 1100 CLEARING AND GRUBBING A. The Contractor shall comply with applicable codes, ordinances, rules, regulations and laws of local, municipal, state or federal authorities having jurisdiction over the Project. All required permits of a temporary nature shall be obtained for construction operations by the Contractor. B. Open burning WILL NOT be allowed 1.03 JOB CONDITIONS A. Location of the Work: The area to be cleared and grubbed is shown schematically on the Drawings or specified below. It includes all areas designated for construction, which is typically limited to the utility easement shown. PART 2 PRODUCTS 2.01 EQUIPMENT A. The Contractor shall furnish equipment of the type normally used in clearing and grubbing operations including, but not limited to, tractors, trucks, loaders and root rakes. 31 11 00 CLEARING AND GRUBBING REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS PART 3 EXECUTION 3.01 SCHEDULING OF CLEARING A. The Contractor shall clear at each construction site only that length of the right -of -way, permanent or construction easement which would be the equivalent of two week's pipe laying. This length shall be determined from the Contractor's Progress Schedule. B. The Engineer may permit clearing for additional lengths of the pipe line provided that temporary erosion and sedimentation controls are in place and a satisfactory stand of temporary grass is established. Should a satisfactory stand of grass not be possible, no additional clearing shall be permitted beyond that specified above. C. A satisfactory stand of grass shall have no bare spots larger than one square yard. Bare spots shall be scattered and the bare area shall not comprise more than one percent of any given area. 3.02 CLEARING AND GRUBBING A. Clear and grub no more than 3 feet on each side of the pipeline before excavating. Remove all trees, growth, debris, stumps and other objectionable matter. Clear the construction easement or road right -of -way only if necessary. B. Materials to be cleared, grubbed and removed from the Project site include, but are not limited to, all trees, stumps, roots, brush, trash, organic matter, paving, miscellaneous structures, houses, debris and abandoned utilities. C. Grubbing shall consist of completely removing roots, stumps, trash and other debris from all graded areas so that topsoil is free of roots and debris. Topsoil is to be left sufficiently clean so that further picking and raking will not be required. D. All stumps, roots, foundations and planking embedded in the ground shall be removed and disposed of. Piling and butts of utility poles shall be removed to a minimum depth of two feet below the limits of excavation for structures, trenches and roadways or two feet below finish grade, whichever is lower. E. Landscaping features shall include, but are not necessarily limited to, fences, cultivated trees, cultivated shrubbery, property corners, man -made improvements, subdivision and other signs within the right -of -way and easement. The Contractor shall take extreme care in moving landscape features and promptly re- establishing these features. CLEARING AND GRUBBING 31 11 00 2 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS F. Surface rocks and boulders shall be grubbed from the soil and removed from the site if not suitable as rip rap. G. Where the tree limbs interfere with utility wires, or where the trees to be felled are in close proximity to utility wires, the tree shall be taken down in sections to eliminate the possibility of damage to the utility. H. Any work pertaining to utility poles shall comply with the requirements of the appropriate utility. I. All fences adjoining any excavation or embankment that, in the Contractor's opinion, may be damaged or buried, shall be carefully removed, stored and replaced. Any fencing that, in the Engineer's opinion, is significantly damaged shall be replaced with new fence material. J. The Contractor shall exercise special precautions for the protection and preservation of trees, cultivated shrubs, sod, fences, etc. situated within the limits of the construction area but not directly within excavation and/or fill limits. The Contractor shall be held liable for any damage the Contractor's operations have inflicted on such property. K. The Contractor shall be responsible for repairs and /or replacement of all damages to existing improvements resulting from Contractor's operations. 3.03 DISPOSAL OF DEBRIS A. The debris resulting from the clearing and grubbing operation shall be hauled to a disposal site secured by the Contractor and shall be disposed of in accordance with all requirements of federal, state, county and municipal regulations. No debris of any kind shall be deposited in any stream or body of water, or in any street or alley. No debris shall be deposited upon any private property except with written consent of the property owner. In no case shall any material or debris be left on the Project, shoved onto abutting private properties or buried on the Project. END OF SECTION 31 11 00 CLEARING AND GRUBBING REVISION AUGUST 2009 PART 1 GENERAL 1.01 SCOPE SECTION 3123 00 EXCAVATION AND FILL A. The work under this Section consists of furnishing all labor, equipment and materials and performing all operations in connection with the trench excavation and backfill required to install the waterlines as shown on the Drawings and as specified. B. Excavation shall include the removal of any trees, stumps, brush, debris or other obstacles which remain after the clearing and grubbing operations, which may obstruct the work, and the excavation and removal of all earth, rock or other materials to the extent necessary to install the pipeline and appurtenances in conformance with the lines and grades shown on the Drawings and as specified. C. Backfill shall include the refilling and compaction of the fill in the trenches and excavations up to the surrounding ground surface or road grade at crossing. D. The trench is divided into five specific areas: AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. Foundation: The area beneath the bedding, sometimes also referenced to as trench stabilization. 2. Bedding: The area above the trench bottom (or foundation) and below the bottom of the barrel of the pipe. 3. Haunching: The area above the bottom of the barrel of the pipe up to a specified height above the bottom of the barrel of the pipe. 4. Initial Backfill: The area above the haunching material and below a plane 18 inches above the top of the barrel of the pipe. 5. Final Backfill: The area above a plane 18- inches above the top of the barrel of the pipe. E. The choice of method, means, techniques and equipment rests with the Contractor. The Contractor shall select the method and equipment for trench excavation and backfill depending upon the type of material to be excavated and backfilled, the depth of excavation, the amount of space available for operation of equipment, storage of excavated material, proximity of man-made improvements to be protected, available easement or right -of -way and prevailing practice in the area. 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1.02 QUALITY ASSURANCE A. Density: All references to "maximum dry density" shall mean the maximum dry density defined by the "Maximum Density - Optimum Moisture Test ", ASTM D 698, except that for non - cohesive materials "maximum dry density" shall mean the maximum index density as determined by the "Maximum Index Density of Soils Using a Vibratory Table ", ASTM D 4253. Determination of the density of foundation, bedding, haunching, or backfill materials in place shall meet with the requirements of ASTM D 1556, "Density of Soil In Place by the Sand Cone Method ", ASTM D 2937, "Density of Soil In Place by the Drive - Cylinder Method" or ASTM D 2922, "Density of Soil and Soil- Aggregate In Place by Nuclear Methods (Shallow Depth) ". B. Sources and Evaluation Testing: Testing of materials to certify conformance with the Specifications shall be performed by an independent testing laboratory. All imported fill materials shall meet the requirements of on -site fill materials. 1.03 WEATHER LIMITATIONS A. Material excavated when frozen or when air temperature is less than 32 degrees F shall not be used as fill or backfill until material completely thaws. B. Material excavated during inclement weather shall not be used as fill or backfill until after material drains and dries sufficiently for proper compaction. 1.04 SAFETY A. Perform all trench excavation and backfilling activities in accordance with the Occupational Safety and Health Act of 1970 (PL 91 -596), as amended. The Contractor shall pay particular attention to the Safety and Health Regulations Part 1926, Subpart P "Excavation, Trenching & Shoring" as described in OSHA publication 2226. PART 2 PRODUCTS (NOT USED) 2.01 TRENCH FOUNDATION MATERIALS A. Crushed stone shall be utilized for trench foundation (trench stabilization) and shall meet the requirements of the Georgia Department of Transportation Specification 800.2.01, Group I (limestone, marble or dolomite) or Group II (quartzite, granite or gneiss). Stone size shall be between No. 57 and No. 4, inclusive. EXCAVATION AND FILL 31 23 00 2 REVISION AUGUST 2009 Fabric Property Unit Test Method Minimum Value Grab Tensile Strength lbs. ASTM D 4632 200 Grab Tensile Elongation % ASTM D 4632 30 (max.) Mullen Burst Strength psi ASTM D 3786 400 Trapezoid Tear lbs. ASTM D 75 2.02 BEDDING AND HAUNCHING MATERIALS AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS A. Unless specified otherwise, bedding and haunching materials shall be crushed stone as specified below. B. Crushed stone utilized for bedding and haunching shall meet the requirements of the Georgia Department of Transportation Specification 800.01, Group I (limestone, marble or dolomite) or Group II (quartzite, granite or gneiss). Stone size shall be between No. 57 and No. 4, inclusive. C. Earth materials utilized for bedding and haunching shall be suitable materials selected from materials excavated from the trench. Suitable materials shall be clean and free of rock larger than 2- inches at its largest dimension, organics, cinders, stumps, limbs, frozen earth or mud, man -made wastes and other unsuitable materials. Should the material excavated from the trench be saturated, the saturated material may be used as earth material, provided it is allowed to dry properly and it is capable of meeting the specified compaction requirements. When necessary, earth bedding and haunching materials shall be moistened to facilitate compaction by tamping. If materials excavated from the trench are not suitable for use as bedding or haunching material, provide select material conforming to the requirements of this Section at no additional cost to the Owner. D. Filter Fabric Woven Type 1. Filter fabric associated with bedding shall be a polypropylene woven fabric. The fabric shall be a high modulus type with good separation capabilities. The fabric shall be inert to biological degradation and naturally occurring chemicals, alkalies and acids. 2. The fabric shall have an equivalent opening size EOS of 20 to 45. The fabric shall also conform to the minimum property values listed in the following table: 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 Strength 4533 Puncture Strength lbs. ASTM D 3787 75 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 3. If ordered by the Engineer, the filter fabric manufacturer shall furnish the services of a competent factory representative to supervise and/or inspect the installation of pipe. This service will be furnished for a minimum of 10 days during initial pipe installation. 4. Filter fabric shall be Mirafi 500X, Amoco 2002 or Exxon GTF -200. 2.03 INITIAL BACKFILL A. Initial backfill material shall be crushed stone or earth materials as specified for bedding and haunching materials. B. When necessary, initial backfill materials shall be moistened to facilitate compaction by tamping. If materials excavated from the trench are not suitable for use as initial backfill material, provide select material conforming to the requirements of this Section at no additional cost to the owner. 2.04 FINAL BACKFILL A. Final backfill material shall be general excavated earth materials, shall not contain rock larger than 2- inches at its greatest diameter, cinders, stumps, limbs, man-made wastes and other unsuitable materials. If materials excavated from the trench are not suitable for use as final backfill material, provide select material conforming to the requirements of this Section. 2.05 SELECT BACKFILL A. Select backfill shall be materials which meet the requirements as specified for bedding, haunching or initial backfill materials, including compaction requirements. 2.06 CONCRETE A. Concrete for bedding, haunching, initial backfill or encasement shall have a compressive strength of not less than 3,000 psi, with not less than 5.5 bags of cement per cubic yard and a slump between 3 and 5- inches. Ready -mixed concrete shall be mixed and transported in accordance with ASTM C 94. Reinforcing steel shall conform to the requirements of ASTM A 615, Grade 60. EXCAVATION AND FILL 31 23 00 4 REVISION AUGUST 2009 PART 3 EXECUTION 3.01 GENERAL AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS A. Excavate to lines, grades, and dimensions shown and as necessary to accomplish Work. Excavate to within tolerance of plus or minus 0.1 foot, except where dimensions or grades are shown or specified as maximum or minimum. Allow for forms, working space, granular base, topsoil, and similar items, wherever applicable. Trim to neat lines where concrete is to be deposited against earth. B. Do not overexcavate without written authorization of Engineer. 3.02 UNCLASSIFIED EXCAVATION A. Excavation is unclassified. Complete all excavation regardless of the type, nature, or condition of the materials encountered. 3.03 CLASSIFIED EXCAVATION A. Excavation is classified; see Article Definitions for classifications. Notify Engineer whenever rock is encountered. B. Before beginning rock excavation, comply with following requirements: 1. Remove overlying material as common excavation and expose rock surface for examination by Engineer. 2. Demonstrate that removal of remaining material classifies as rock excavation unless waived by Engineer. 3. Assist Engineer with measurement and documentation of rock excavation. C. Predrilling and blasting may be allowed prior to removal of overburden if, in Engineer's opinion, top -of -rock line can be clearly defined after excavation. Acceptance of this method will be based on the following demonstration: 1. Predrill, blast, and excavate initial 100 -foot long test section. 2. Excavate minimum of two 20 -foot long trenches to apparent rock line immediately adjacent to predrilled section for comparison. D. In event of disputed quantities, excavate additional correlation trenches to apparent rock as considered necessary by Engineer to resolve dispute. Engineer reserves right to stop predrilling and blasting if, in Engineer's opinion, experience indicates that accurate determination of rock quantities is not possible by this method. 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 3.04 TRENCH EXCAVATION A. Topsoil and grass shall be stripped a minimum of 6- inches over the trench excavation site and stockpiled separately for replacement over the finished grading areas. B. Trenches shall be excavated to the lines and grades shown on the Drawings with the centerlines of the trenches on the centerlines of the pipes and to the dimensions which provide the proper support and protection of the pipe and other structures and accessories. C. Trench Width for Pipelines 1. The sides of all trenches shall be vertical to a minimum of one foot above the top of the pipe. Unless otherwise indicated on the Drawings, the maximum trench width shall be equal to the sum of the outside diameter of the pipe plus two feet. The minimum trench width shall be that which allows the proper consolidation of the haunching and initial backfill material. 2. Excavate the top portion of the trench to any width within the construction easement or right -of -way which will not cause unnecessary damage to adjoining structures, roadways, pavement, utilities, trees or private property. Where necessary to accomplish this, provide sheeting and shoring. 3. Where rock is encountered in trenches, excavate to remove boulders and stones to provide a minimum of 9- inches clearance between the rock and any part of the pipe barrel or manhole. 4. Wherever the prescribed maximum trench width is exceeded, the Contractor shall use the next higher Class or Type of bedding and haunching as shown on the Drawings for the full trench width as actually cut. The excessive trench width may be due to unstable trench walls, inadequate or improperly placed bracing and sheeting which caused sloughing, accidental over - excavation, intentional over - excavation necessitated by the size of the Contractor's tamping and compaction equipment, intentional over - excavation due to the size of the Contractor's excavation equipment, or other reasons beyond the control of the Engineer or Owner. EXCAVATION AND FILL 31 23 00 6 REVISION AUGUST 2009 D. Depth 1. The trenches shall be excavated to the required depth or elevation which allow for the placement of the pipe and bedding to the dimensions shown on the Drawings. 2. Where rock is encountered in trenches for pipelines, excavate to the minimum depth which will provide clearance below the pipe barrel of 8- inches for pipe 18- inches in diameter and smaller and 12- inches for larger pipe, valves and manholes. E. Excavated Materials 1. Excavated materials shall be placed adjacent to the work to be used for backfilling as required. Top soil shall be carefully separated and lastly placed in its original location. 2. Excavated material shall be placed sufficiently back from the edge of the excavation to prevent caving of the trench wall, to permit safe access along the trench and not cause any drainage problems. Excavated material shall be placed so as not to damage existing landscape features or man -made improvements. 3.05 SHEETING, BRACING AND SHORING AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS A. Sheeting, bracing and shoring shall be installed in the following instances: 1. Where sloping of the trench walls does not adequately protect persons within the trench from slides or cave -ins. 2. In caving ground. 3. In wet, saturated, flowing or otherwise unstable materials. 4. Where necessary to prevent damage to adjoining buildings, structures, roadways, pavement, utilities, trees or private properties which are required to remain. 5. Where necessary to maintain the top of the trench within the available construction easement or right -of -way. B. In all cases, excavation protection shall strictly conform to the requirements of the Occupational Safety and Health Act of 1970, as amended. C. Timber: Timber for shoring, sheeting, or bracing shall be sound and free of large or loose knots and in good, serviceable condition. Size and spacing shall be in accordance with OSHA regulations. D. Steel Sheeting and Sheet Piling: Steel sheet piling shall be the continuous interlock type. The weight, depth and section modulus of the sheet piling shall be sufficient to restrain the loads of earth pressure and surcharge from existing foundations and live loads. Procedure for installation and bracing 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS shall be so scheduled and coordinated with the removal of the earth that the ground under existing structures shall be protected against lateral movement at all times. The Contractor shall provide closure and sealing between sheet piling and existing facilities. E. Trench Shield: A trench shield or box may be used to support the trench walls. The use of a trench shield does not necessarily preclude the additional use of bracing and sheeting. When trench shields are used, care must be taken to avoid disturbing the alignment and grade of the pipe or disrupting the haunching of the pipe as the shield is moved. When the bottom of the trench shield extends below the top of the pipe, the trench shield will be raised in 6 -inch increments with specified backfilling occurring simultaneously. At no time shall the trench shield be "dragged" with the bottom of the shield extending below the top of the pipe or utility. F. Remove bracing and sheeting in units when backfill reaches the point necessary to protect the pipe and adjacent property. Leave sheeting in place when in the opinion of the Engineer it cannot be safely removed or is within three feet of an existing structure, utility, or pipeline. Cut off any sheeting left in place at least two feet below the surface. G. Sheet piling within three feet of an existing structure or pipeline shall remain in place, unless otherwise directed by the Engineer. 3.06 ROCK EXCAVATION A. Definition of Rock: Any material which cannot be excavated with conventional excavating equipment, and is removed by drilling and blasting, and occupies an original volume of at least one -half cubic yard. B. Blasting: Provide licensed, experienced workmen to perform blasting. Conduct blasting operations in accordance with all existing ordinances and regulations. Protect all buildings and structures from the effects of the blast. Repair any resulting damage. If the Contractor repeatedly uses excessive blasting charges or blasts in an unsafe or improper manner, the Engineer may direct the Contractor to employ an independent blasting consultant to supervise the preparation for each blast and approve the quantity of each charge. C. Removal of Rock: Dispose of rock off site that is surplus or not suitable for use as rip rap or backfill. D. The Contractor shall notify the Engineer prior to any blasting. Additionally, the Contractor shall notify the Engineer and local fire department before any charge is set. EXCAVATION AND FILL 31 23 00 8 REVISION AUGUST 2009 E. Following review by the Engineer regarding the proximity of permanent buildings and structures to the blasting site, the Engineer may direct the Contractor to employ an independent, qualified specialty sub- contractor, approved by the Engineer, to monitor the blasting by use of seismograph, identify the areas where light charges must be used, conduct pre -blast and post -blast inspections of structures, including photographs or videos, and maintain a detailed written log. 3.07 DEWATERING EXCAVATIONS AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS A. Dewater excavation continuously to maintain a water level two feet below the bottom of the trench. B. Control drainage in the vicinity of excavation so the ground surface is properly pitched to prevent water running into the excavation. C. There shall be sufficient pumping equipment, in good working order, available at all times, to remove any water that accumulates in excavations. Where the utility crosses natural drainage channels, the work shall be conducted in such a manner that unnecessary damage or delays in the prosecution of the work will be prevented. Provision shall be made for the satisfactory disposal of surface water to prevent damage to public or private property. D. In all cases, accumulated water in the trench shall be removed before placing bedding or haunching, laying pipe, placing concrete or backfilling. E. Where dewatering is performed by pumping the water from a sump, crushed stone shall be used as the medium for conducting the water to the sump. Sump depth shall be at least two feet below the bottom of the trench. Pumping equipment shall be of sufficient quantity and /or capacity to maintain the water level in the sump two feet below the bottom of the trench. Pumps shall be a type such that intermittent flows can be discharged. A standby pump shall be required in the event the operating pump or pumps clog or otherwise stop operation. F. Dewater by use of a well point system when pumping from sumps does not lower the water level two feet below the trench bottom. Where soil conditions dictate, the Contractor shall construct well points cased in sand wicks. The casing, 6 to 10- inches in diameter, shall be jetted into the ground, followed by the installation of the well point, filling casing with sand and withdrawing the casing. 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 3.08 TRENCH FOUNDATION AND STABILIZATION A. The bottom of the trench shall provide a foundation to support the pipe and its specified bedding. The trench bottom shall be graded to support the pipe and bedding uniformly throughout its length and width. B. If, after dewatering as specified above, the trench bottom is spongy, or if the trench bottom does not provide firm, stable footing and the material at the bottom of the trench will still not adequately support the pipe, the trench will be determined to be unsuitable and the Engineer shall then authorize payment for french stabilization. C. Should the undisturbed material encountered at the trench bottom constitute, in the opinion of the Engineer, an unstable foundation for the pipe, the Contractor shall be required to remove such unstable material and fill the trench to the proper subgrade with crushed stone as directed by the Engineer. D. Where the replacement of unsuitable material with crushed stone does not provide an adequate trench foundation, the trench bottom shall be excavated to a depth of at least two feet below the specified trench bottom. Place filter fabric in the bottom of the trench and support the fabric along the trench walls until the trench stabilization, bedding, haunching and pipe have been placed at the proper grade. The ends of the filter fabric shall be overlapped by one foot above the pipe. E. Where trench stabilization is provided, the trench stabilization material shall be compacted to at least 90 percent of the maximum dry density, unless shown or specified otherwise. 3.09 BEDDING AND HAUNCHING A. Prior to placement of bedding material, the trench bottom shall be free of any water, loose rocks, boulders or large dirt clods. B. Bedding material shall be placed to provide uniform support along the bottom of the pipe and to place and maintain the pipe at the proper elevation. The initial layer of bedding placed to receive the pipe shall be brought to the grade and dimensions indicated on the Drawings. All bedding shall extend the full width of the trench bottom. The pipe shall be placed and brought to grade by tamping the bedding material or by removal of the excess amount of the bedding material under the pipe. Adjustment to grade line shall be made by scraping away or filling with bedding material. Wedging or blocking up of pipe shall not be permitted. Applying pressure to the top of the pipe, such as with a backhoe bucket, to lower the pipe to the proper elevation or grade shall not be permitted. Each pipe section shall have a uniform bearing on the bedding for the length of the pipe, except immediately at the joint. EXCAVATION AND FILL 31 23 00 10 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS C. At each joint, excavate bell holes of ample depth and width to permit the joint to be assembled properly and to relieve the pipe bell of any load. D. After the pipe section is properly placed, add the haunching material to the specified depth. The haunching material shall be shovel sliced, tamped, vigorously chinked or otherwise consolidated to provide uniform support for the pipe barrel and to fill completely the voids under the pipe, including the bell hole. Prior to placement of the haunching material, the bedding shall be clean and free of any water, loose rocks, boulders or dirt clods. E. Water Mains 1. Ductile Iron Pipe a. Unless otherwise shown on the Drawings or specified, utilize earth materials for bedding and haunching. Bedding shall meet the requirements of Type 2, 3, 4 and 5 of AWWA C150/151 Standard Laying Conditions. b. Unless specified or shown otherwise, bedding shall meet the requirements for Type 2 AWWA C150/151 Standard Laying Conditions. Unless specified or shown otherwise for restrained joint pipe and fittings, bedding shall meet the requirements for Type 3 AWWA C150 /151 Standard Laying Conditions. c. Where the depth of cover over the piping exceeds 9 feet, the pipe bedding shall meet the requirements of Type 4 Pipe Bedding. Where the depth of cover over the piping exceeds 14 feet, the pipe bedding shall meet the requirements of Type 5 AWWA C150/151 Standard Laying Conditions. d. Type 4 or Type 5 Pipe Bedding called for on the Drawings, specified or ordered by the Engineer, shall meet requirements for Type 4 or Type 5 AWWA C150/151 Standard Laying Conditions, utilizing crushed stone bedding and haunching material. F. Manholes: Excavate to a minimum of 12- inches below the planned elevation of the base of the manhole. Place and compact crushed stone bedding material to the required grade before installing the manhole. G. Excessive Width and Depth 1. Water Mains: If the trench is excavated to excess width, provide the next higher type or class of pipe bedding, but a minimum of Type 4 AWWA C150/151 Standard Laying Conditions. 2. If the trench is excavated to excessive depth, provide crushed stone to place the bedding at the proper elevation or grade. 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS H. Compaction: Bedding and haunching materials under pipe, manholes and accessories shall be compacted to a minimum of 90 percent of the maximum dry density, unless shown or specified otherwise. 3.10 INITIAL BACKFILL A. Initial backfill shall be placed to anchor the pipe, protect the pipe from damage by subsequent backfill and ensure the uniform distribution of the loads over the top of the pipe. B. Place initial backfill material carefully around the pipe in uniform layers to a depth of at least 18- inches above the pipe barrel or duct bank. Layer depths shall be a maximum of 6- inches for pipe 18- inches in diameter and smaller and a maximum of 12- inches for pipe larger than 18- inches in diameter. C. Backfill on both sides of the pipe simultaneously to prevent side pressures. D. Compact each layer thoroughly with suitable hand tools or tamping equipment. E. Initial backfill shall be compacted to a minimum 90 percent of the maximum dry density, unless shown or specified otherwise. F. If materials excavated from the trench are not suitable for use as backfill materials, provide select backfill material conforming to the requirements of this Section. • 3.11 CONCRETE ENCASEMENT FOR PIPELINES A. Where concrete encasement is shown on the Drawings for pipelines, excavate the trench to provide a minimum of 6- inches clearance from the bell of the pipe. Lay the pipe to line and grade on concrete blocks. In lieu of bedding, haunching and initial backfill, place concrete to the full width of the trench and to a height of not less than 12- inches above the pipe bell. Do not backfill the trench for a period of at least 24 hours after concrete is placed. 3.12 FINAL BACKFILL A. Backfill carefully to restore the ground surface to its original condition. B. The top 6- inches shall be topsoil obtained as specified in "Trench Excavation" of this Section. C. Excavated material which is unsuitable for backfilling, and excess material, shall be disposed of, at no additional cost to the Owner, in a manner approved by the Engineer. Surplus soil may be neatly distributed and spread over the EXCAVATION AND FILL 31 23 00 12 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS site, if approved by the Engineer. If such spreading is allowed, the site shall be left in a clean and sightly condition and shall not affect pre - construction drainage patterns. Surplus rock from the trenching operations shall be removed from the site. D. If materials excavated from the trench are not suitable for use as backfill materials, provide select backfill material conforming to the requirements of this Section. E. After initial backfill material has been placed and compacted, backfill with final backfill material. Place backfill material in uniform layers, compacting each layer thoroughly as follows: 1. In 6 -inch layers, if using light power tamping equipment, such as a "jumping jack ". 2. In 12 -inch layers, if using heavy tamping equipment, such as hammer with tamping feet. 3. In 24 -inch layers, if using a hydra- hammer F. Settlement: If trench settles, re -fill and grade the surface to conform to the adjacent surfaces. G. Final backfill shall be compacted to a minimum 90 percent of the maximum dry density, unless specified otherwise. 3.13 ADDITIONAL MATERIAL A. Where final grades above the pre - construction grades are required to maintain minimum cover, additional fill material will be as shown on the Drawings. Utilize excess material excavated from the trench, if the material is suitable. If excess excavated materials are not suitable, or if the quantity available is not sufficient, provide additional suitable fill material at no cost to the owner. 3.14 BACKFILL UNDER ROADS A. Compact backfill underlying pavement and sidewalks, and backfill under dirt and gravel roads to a minimum 95 percent of the maximum dry density. The top 12- inches shall be compacted to a minimum of 98 percent of the maximum dry density. 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 3.15 BACKFILL WITHIN GEORGIA DOT RIGHT -OF -WAY A. Backfill within the Georgia DOT right -of -way shall meet the requirements stipulated in the "Utility Accommodation Policy and Standards ", published by the Georgia Department of Transportation. 3.16 BACKFILL ALONG RESTRAINED JOINT PIPE A. Backfill along restrained joint pipe shall be compacted to a minimum 90 percent of the maximum dry density. 3.17 DETECTION TAPE A. The detection tape shall be buried 4 to 10- inches beneath the ground surface directly over the top of the pipe. Should detection tape need to be installed deeper, the Contractor shall provide 3 -inch wide tape. In no case shall detection tape be buried greater than 20- inches from the finished grade surface. 3.18 TESTING AND INSPECTION A. The soils testing laboratory is responsible for the following: 1. Compaction tests in accordance with Article 1.02 of this Section. 2. Field density tests for each two feet of lift, one test for each 1,000 feet of pipe installed or more frequently if ordered by the Engineer. 3. Inspecting and testing stripped site, subgrades and proposed fill materials. B. The Contractor's duties relative to testing include: 1. Notifying laboratory of conditions requiring testing. 2. Coordinating with laboratory for field testing. 3. Paying costs for additional testing performed beyond the scope of that required and for re- testing where initial tests reveal non - conformance with specified requirements. 4. Providing excavation as necessary for laboratory personnel to conduct tests. C. Inspection 1. Earthwork operations, acceptability of excavated materials for bedding or backfill, and placing and compaction of bedding and backfill is subject to inspection by the Engineer. EXCAVATION AND FILL 31 23 00 14 REVISION AUGUST 2009 3.19 DISPOSAL OF SPOIL AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS D. Comply with applicable codes, ordinances, rules, regulations and laws of local, municipal, state or federal authorities having jurisdiction. A. Dispose of excavated materials, which are unsuitable or exceed quantity needed for fill or backfill, offsite. B. Dispose of debris resulting from removal of underground facilities as specified in Section 02 41 00, Demolition, for demolition debris. C. Dispose of debris resulting from removal of organic matter, trash, refuse, and junk as specified in Section 31 10 00, Site Clearing, for clearing and grubbing debris. END OF SECTION 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 PART 1 GENERAL 1.01 SCOPE A. The Work specified in this Section consists of providing and maintaining temporary and permanent erosion and sedimentation controls as shown on the Drawings. This Section also specifies the subsequent removal of temporary erosion and sedimentation controls. B. Temporary and permanent erosion and sedimentation controls include grassing and mulching of disturbed areas and structural barriers at those locations which will ensure that erosion during construction will be maintained within acceptable limits. Acceptable limits are as established by the Georgia Erosion and Sedimentation Control Act of 1975, as amended, Section 402 of the Federal Clean Water Act, and applicable codes, ordinances, rules, regulations, and laws of local, state, and municipal authorities having jurisdiction. C. Land disturbance activity shall not commence until the Land Disturbance Permit has been issued. 1.02 SUBMITTALS A. Submit product data in accordance with the requirements of Section 01340 of these Specifications. 1.03 QUALITY ASSURANCE AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 3125 00 EROSION AND SEDIMENTATION CONTROLS A. The temporary and permanent erosion and sedimentation control measures shown on the Drawings are minimum suggested requirements. Any additional erosion and sedimentation control measures required by the Contractor's means, methods, techniques, and sequence of operation will be installed by the Contractor at no additional cost to the Owner. B. Perform all Work under this Section in accordance with all pertinent rules and regulations including, but not necessarily limited to, those stated in these Specifications. Where provisions of pertinent rules and regulations conflict with these Specifications the more stringent provisions shall govern. C. Provide all materials and promptly take all actions necessary to achieve effective erosion and sedimentation control in accordance with the Georgia 31 25 00 EROSION AND SEDIMENTATION CONTROLS REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS Erosion and Sedimentation Control Act of 1975 as amended (OCGA §12 -7 -1, et. seq.), local ordinances, other permits, local enforcing agency guidelines, and these Specifications. D. Basic Principles: 1. Coordinate the land disturbance activities to fit the topography, soil types, and conditions. 2. Minimize the disturbed area and the duration of exposure to erosive elements. 3. Provide temporary or permanent stabilization to disturbed areas immediately after rough grading is complete. 4. Safely convey run -off from the site to a stable outlet to prevent flooding and damage to downstream facilities resulting from increased runoff from the site. 5. Retain sediment on -site that was generated on -site. 6. Minimize encroachment upon watercourses. E. Implementation: 1. The Contractor is solely responsible for the control of erosion within the Project site and the prevention of sedimentation from leaving the Project site or entering waterways. 2. The Contractor shall install temporary and permanent erosion and sedimentation controls which will ensure that runoff from the disturbed area of the Project site shall pass through a filter system before exiting the Project site. 3. The Contractor shall provide temporary and permanent erosion and sedimentation control measures to prevent silt and sediment from entering the waterways and designated wetland areas. The Contractor shall maintain an undisturbed vegetative buffer a minimum of 25 feet from the top of the bank. 4. The Contractor shall limit land disturbance activity to those areas shown on the Drawings. 5. The Contractor shall maintain erosion and sedimentation control measures within disturbed areas on the entire site at no additional cost to the Owner until the final acceptance of the Project. Maintenance shall include mulching, re- seeding, clean-out of sediment barriers and sediment ponds, replacement of washed -out or undermined rip rap and erosion control materials, to the satisfaction of the Owner and Engineer. 6. All fines imposed for improper erosion and sedimentation control shall be paid by the Contractor. EROSION AND SEDIMENTATION CONTROLS 31 25 00 2 REVISION AUGUST 2009 PART 2 PRODUCTS 2.01 SEDIMENT BARRIER A. Silt Fence: AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. Type C Silt Fence is a combination of Type A silt Fence with woven wire reinforcement. Type C Silt Fence reinforcement shall meet the requirements of Section 171 of Georgia D.O.T. Specifications. 2 Silt fence fabric shall be an approved product on the Georgia DOT Qualified Product List No. 36, latest edition. B. Hay Bales: Hay bales shall be clean, seed -free cereal hay, rectangular in shape, and contain five cubic feet or more of material. C. Concrete Blocks: Concrete blocks shall be hollow, non - load - bearing type. D. Plywood shall be 3/4 -inch thick exterior type. 2.02 CONSTRUCTION EXIT STONE A. Use sound, tough, durable stone resistant to the action of air and water. Slabby or shaley pieces will not be acceptable. Aggregate size shall be in accordance with the National Stone Association Size R -2 (1.5 to 3.5 -inch stone) or Type 3 rip rap stone conforming to Section 805.01 of the Georgia Department of Transportation Standard Specifications. 2.03 CONCRETE A. Concrete shall conform to the requirements specified in Section 02225 of these Specifications for 3000 psi concrete. 2.04 RIP RAP A. Stone Rip Rap: Use sound, tough, durable stones resistant to the action of air and unless noted otherwise, stone rip rap shall be Type 1. 1. Type 1 Rip Rap: Rip rap size and gradation shall conform to Section 805.01 of the Georgia Department of Transportation Standard Specification for Type 1 Stone Dumped Rip Rap. 2. Type 3 Rip Rap: Rip rap size and gradation shall conform to Section 805.01 of the Georgia Department of Transportation Standard Specifications for Type 3 Stone Dumped Rip Rap. B. Sand Cement Bag Rip Rap: Sand cement bag rip rap shall conform to the Georgia Department of Transportation Standard Specifications, Section 603. 31 25 00 EROSION AND SEDIMENTATION CONTROLS REVISION AUGUST 2009 Material Section No. Topsoil 893.01 Seed and Sod 890 Fertilizer 891.01 Agricultural Lime 882.02 Mulch 893.02 Inoculants 893.04 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 2.05 PLASTIC FILTER FABRIC A. Plastic filter fabric shall conform to the Georgia Department of Transportation Standard Specifications, Section 881, for filter fabrics. B. Plastic filter fabric shall be an approved product on the Georgia Department of Transportation Qualified Product List No. 28, latest edition. 2.06 GRASSING A. Grassing materials shall meet the requirements of the Georgia Department of Transportation Standard Specifications, latest edition; as shown in the table: B. Seed species shall be provided as shown on the Drawings. C. Mulch Binder: Mulch on slopes exceeding 3 (horizontal) to 1 (vertical) shall be held in place by the use .of a mulch binder, as approved by the Engineer. The mulch binder shall be non -toxic to plant and animal life and shall be approved by the Engineer. D. Water: Water shall be free of excess and harmful chemicals, organisms, and substances which may be harmful to plant growth or obnoxious to traffic. Salt or brackish water shall not be used. Water shall be furnished by the Contractor. PART 3 EXECUTION 3.01 GENERAL A. Temporary and permanent erosion and sedimentation control measures shall prevent erosion and prevent sediment from exiting the site. If, in the opinion of the Owner, Engineer, or state inspector, the Contractor's temporary erosion and sedimentation control measures are inadequate, the Contractor shall provide additional maintenance for existing measures or additional devices to control erosion and sedimentation on the site at no additional cost to the Owner. EROSION AND SEDIMENTATION CONTROLS 31 25 00 4 REVISION AUGUST 2009 B. All erosion and sedimentation control devices and structures shall be inspected by the Contractor at least once a week and immediately after each rainfall occurrence. Any device or structure found to be damaged shall be repaired or replaced immediately. C. All erosion and sedimentation control measures and devices shall be constructed and maintained as indicated on the Drawings or specified herein until adequate permanent disturbed area stabilization has been provided and accepted by the Engineer. Once adequate permanent stabilization has been provided and accepted by the Engineer, all temporary erosion and sedimentation control structures and devices shall be removed. 3.02 SEDIMENT CONTROL A. Construction Exit: 1. Construction exit(s) shall be placed as shown on the Drawings and as directed by the Engineer. A construction exit shall be located at any point traffic will be leaving a disturbed area to a public right -of -way, street, alley, sidewalk, or parking area. 2. Placement of Construction Exit Material: The ground surface upon which the construction exit material is to be placed shall be prepared to a smooth condition free from obstructions, depressions or debris. The plastic filter fabric shall be placed to provide a minimum number of overlaps and a minimum width of one foot of overlap at each joint. The stone shall be placed with its top elevation conforming to the surrounding ground elevations. The stone shall be dropped from no more than a three feet height during construction. 3. Construction Exit Maintenance: The Contractor shall regularly maintain the exit with the top dressing of stone to prevent tracking or flow of soil onto public rights -of -way and paved surfaces as directed by the Engineer. 4. Construction Exit Removal: Construction exit(s) shall be removed and properly disposed of when the disturbed area has been properly stabilized, the tracking or flow of soil onto public rights -of -way or paved surfaces has ceased and as directed by the Engineer. B. Sediment Barriers: AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. Sediment barriers shall include, but are not necessarily limited to, silt fences, hay bales, and any device which prevents sediment from exiting the disturbed area. 2. Silt fences and hay bales shall not be used in any flowing stream, creek, or river. 31 25 00 EROSION AND SEDIMENTATION CONTROLS REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 3. Sediment barriers shall be installed as shown on the Drawings and as directed by the Owner or Engineer. 4. Sediment barriers shall be maintained to ensure the depth of impounded sediment is no more than one -half of the original height of the barrier or as directed by the Engineer. Torn, damaged, destroyed, or washed -out barriers shall be repaired, reinforced, or replaced with new material and installed as shown on the Drawings and as directed by the Owner or Engineer. 5. Accumulated sediment shall be removed from the barrier and replaced and stabilized on -site as directed by the Owner or Engineer. 6. Sediment barrier shall be removed once the disturbed area has been stabilized with a permanent vegetative cover and the sediment barrier is no longer required as directed by the Engineer. 7. All non - biodegradable parts of the barrier shall be disposed of properly. 8. The disturbed area created by barrier removal shall be permanently stabilized. C. Sediment Boxes: All inlet grates shall be covered with sediment boxes during grading operations and shall remain so covered until all open areas are permanently stabilized against erosion. 3.03 EROSION CONTROL A. Rip Rap 1. Rip rap shall be placed as shown on the Drawings and as directed by the Engineer. Rip rap shall be placed at all points where natural vegetation is disturbed on the banks of active streams. Compact backfill and place rip rap to prevent subsequent settlement and erosion. This requirement applies equally to construction alongside a stream as well as crossing a stream or drainage ditch. 2. When trenching across a stream or drainage ditch, place rip rap over the entire disturbed area upstream and downstream of the trench excavation. Place rip rap across creek bottom, across creek banks, and extend rip rap placement five feet beyond the top of each creek bank. 3. Preparation of Foundations: The ground surface upon which the rip rap is to be placed shall be brought to the correct lines and grades before placement is commenced. Where filling of depressions is required, the new material shall be compacted with hand or mechanical tampers. Unless at creek banks or otherwise shown or specified, rip rap shall begin in a toe ditch constructed in original ground around the toe of the fill or the cut slope. The toe ditch shall be two feet deep in original ground, and the side next to the fill or cut shall have that same slope. After the rip rap is placed, the toe ditch shall be backfilled and the excess dirt spread neatly on the site. EROSION AND SEDIMENTATION CONTROLS 31 25 00 6 REVISION AUGUST 2009 4. Placement of Plastic Filter Fabric: AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS a. Plastic filter fabric shall be placed under all rip rap unless shown or specified otherwise. b. Filter fabric shall not be placed under rip rap on stream or drainage ditch crossings. c. The surface to receive filter fabric shall be prepared to a smooth condition free from obstructions, depressions, and debris. The filter fabric shall be installed with the long dimension running up the slope and shall be placed to provide a minimum number of overlaps. The fabric shall be placed to provide a minimum width of one foot of overlap at each joint. The fabric shall be placed so that the upstream strip overlaps the downstream strip. The fabric shall be anchored in place with securing pins of the type recommended by the fabric manufacturer. Pins shall be placed on or within 3- inches of the centerline of the overlap. The fabric shall be placed loosely to avoid stretching and tearing during placement of the stone. The fabric shall be protected at all times during construction from clogging due to clay, silts, chemicals, or other contaminants. Contaminated fabric or fabric damaged during installation or during placement of rip rap shall be removed and replaced with uncontaminated and undamaged fabric at no additional cost to the Owner. 5. Placement of Rip Rap: Rip rap shall be placed on a 6 -inch layer of soil, crushed stone or sand overlaying the filter fabric. Rip rap shall be placed with its top elevation conforming with the finished grade or the natural existing slope of the stream bank and stream bottom. The stone shall be dropped from no more than a three foot height during construction. Stone rip rap shall be placed to provide a uniform surface to the thickness shown on the Drawings. The thickness tolerance for the course shall be —3 inches and +6 inches. 13. Grassing: 1. Temporary Stabilization: Temporary stabilization shall be provided as shown on the Drawings and conforming to these Specifications to control erosion on the site. Temporary stabilization shall be provided to any area that will not receive permanent stabilization within the next 14 calendar days. Partial payment requests may be withheld for those portions of the Project not complying with this requirement. 2. Permanent Stabilization: 31 25 00 EROSION AND SEDIMENTATION CONTROLS REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 3.04 CLEAN -UP a. Permanent stabilization shall be provided as shown on the Drawings and conforming to these Specifications to control erosion on the site. Permanent stabilization shall be provided to all areas of land disturbance within seven calendar days of the completion of land disturbance for any area greater than 0 25 acre. b. Where permanent stabilization cannot be immediately established because of an inappropriate season, the Contractor shall provide temporary stabilization. The Contractor shall return to the site at the appropriate season to provide permanent stabilization in areas that received only temporary stabilization. 3. Grassing shall meet the requirements of Section 700 of the Georgia Department of Transportation Standard Specifications, latest edition, unless specified otherwise. 4. Seed rate, fertilization and other requirements shall be provided as shown on the Drawings. A. Dispose of all excess erosion and sedimentation control materials in a manner satisfactory to the Owner and Engineer. B. Final clean-up shall be performed in accordance with the requirements of these Specifications and to the satisfaction of the Owner and Engineer. END OF SECTION EROSION AND SEDIMENTATION CONTROLS 8 31 25 00 REVISION AUGUST 2009 PART 1 GENERAL 1.01 REFERENCES AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 33 05 01.02 DUCTILE IRON PIPE AND FITTINGS A. The following is a list of standards that may be referenced in this section: 1. Augusta Utilities Department's "Water & Sanitary Sewer Systems - Guidelines" (most recent edition); available at //vvww.augustaga.govidepartments/planning_zoning/dev_docs.asp. In the event that any specific item of work is not covered in this specification the above referenced document shall govern. 2. American Association of State Highway and Transportation Officials (AASHTO): a. T99, Standard Specification for the Moisture- Density Relations of Soils Using a 2.5 kg (5.5LB) Hammer and a 305mm (12 in.) Drop. 3. American Water Works Association (AWWA): a. C104, Cement -Mortar Lining for Ductile Iron Pipe and Fittings for Water. b. C105, Polyethylene Encasement for Ductile Iron Pipe Systems. c. C110, Ductile Iron and Grey Iron - Fittings, 3 -inch through 48 -inch. d. C111, Rubber - Gasket Joints for Ductile Iron Pressure Pipe and Fittings. e. C115, Flanged Ductile Iron Pipe with Ductile Iron and Grey Iron Fittings. f. C150, Thickness Design of Ductile -Iron Pipe. g. C151, Ductile -Iron Pipe. Centrifugally Cast, for Water. h. C153, Ductile Iron Compact Fittings, 3 -inch through 24 -inch and 54 -inch through 64 -inch for Water Service. i. C207, Steel Pipe Flanges for Waterworks Service, Sizes 4 -inch Through 144 -inch (100mm through 3600mm) j. C600, Installation of Ductile -Iron Water Mains and Their Appurtenances. k. C606, Grooved End, Shouldered Joints. 4. ASTM International (ASTM) a. A307, Standard Specification for Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength. b. A563, Standard Specification for Carbon and Alloy Steel Nuts. 33 05 01.02 DUCTILE IRON PIPE AND FITTINGS REVISION JULY 2008 1 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1.02 SUBMITTALS PART2 PRODUCTS 2.01 MATERIALS A. Pipe: c. B16.21, Standard Specification for Nonmetallic Flat Gaskets for Pipe Flanges. d. D882, Standard Test Method for Tensile Properties of Thin Plastic Sheeting. e. D1330, Standard Specification for Rubber Sheet Gaskets. f. D1922, Standard Test Method for Propagation Tear Resistance of Plastic Film and Thin Sheeting by Pendulum Method. g. D2000, Standard Classification System for Rubber Products in Automotive Applications. h. D4976, Standard Specification for Polyethylene Plastics Molding and Extrusion Materials. 5. Ductile Iron Pipe Research Institute (DIPRA). A. Action Submittals: 1. Shop Drawings: Marking plan and details of standard pipe section showing dimensions, pipe joints, fitting and special fitting pressure rating and thickness, size, coating and lining data. B. Informational Submittals: 1. Field Hydrostatic Testing Plan: Submit at least 15 days prior to testing and at minimum, include the following: a. Testing dates. b. Piping systems and section(s) to be tested. c. Method of isolation. d. Method of conveying water from source to system being tested. e. Calculation of maximum allowable leakage for piping section(s) to be tested. 2. Certifications of Calibration: Approved testing laboratory certificate if pressure gauge for hydrostatic test has been previously used. If pressure gauge is new, no certificate is required. 1. General: a. Centrifugally cast, grade 60 -42 -10 iron. b. Meet requirements of AWWA C150, C153 and C111. c. Lined and coated as specified. DUCTILE IRON PIPE AND FITTINGS 33 05 01.02 2 REVISION JULY 2008 B. Joints: C. Fittings: AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 2. Pressure rating of pipe as shown on drawings. Typically water mains 6 inches through 16 inches require a Pressure Class of 350 while water mains 18 inches through 24 inches require a Pressure Class of 300. 3. Pipe wall thickness of threaded pipe for a flanged pipe end shall be minimum special thickness Class 53 from 12 -inch to 54 -inch diameter pipe in accordance with AWWA C115. 4. Grooved end pipe, for all pipe diameters, shall be minimum Special Class 53. 5. Pipe shall be new and recently manufactured. Refurbished pipe shall not be provided. 1. Push -On Joint: Rated at minimum working pressure equal to pipe material design. 2. Restrained Joint: a. Manufactured proprietary joint that mechanically restrains pipe to adjoining pipe. b. Manufacturers and Products: 1) American Cast Iron Pipe; Flex -Ring and Lok -Ring. 2) U.S. Pipe; TR Flex. 3) Or approved equal. 3. Mechanical Wedge Action Type Joint: a. Use only in areas where adjoining to fixed points where laying length is determined in field. b. Prior to purchase and installation, type and application of this joint shall be approved by Engineer. c. Manufacturers and Products: 1) EBAA Iron; Mega -Lug 2) Smith - Blair, Inc.; 111 Cam -Lock 4. Flanged Joint: Threaded 250 psi working pressure ductile iron flanges conforming to AWWA C115. 1. Ductile Iron, Push -On, Flanged or Restrained Joint: In accordance with AWWA C1 10, at 250 psi minimum working pressure for 3- to 24 -inch fittings and 150 psi minimum working pressure for 30- to 48 -inch fittings. 2. Mechanical Joint Fittings: In accordance with AWWA C111. 3. Fittings shall be new and recently manufactured. Refurbished fittings will not be accepted. D. Welded Outlet: Only weld to pipe in manufacturer's shop. 33 05 01.02 DUCTILE IRON PIPE AND FITTINGS REVISION JULY 2008 3 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS E. Lining: 1. Pipe and fittings for clean water applications shall be cement -lined and asphaltic seal coated in accordance with AWWA C104. 2. Pipe and fittings for wastewater applications shall be lined with 40 -mil ceramic epoxy, as manufactured by Induron. F. Coating: Asphaltic type, 1 mil thick, in accordance with AWWA C151, C115, C110 and C153. G. Polyethylene Encasement: 1. Virgin polyethylene raw material conforming to requirements of ASTM D4976. 2. Elongation: 800 percent, minimum, in machine and transverse direction (ASTM D882). 3. Tensile Strength: 3,600 psi, minimum. 4. Dielectric Strength: 800V per mil- thickness, minimum. 5. Propagation Tear Resistance: 2,550 -grams force (gf), minimum, in machine and transverse direction (ASTM D 1922). 6. Tube form, conforming to AWWA C105. 7. Film shall have minimum thickness of 0.008 inch (8 ml). H. Bolting: 1. Bolts for flanged connections shall be carbon steel, ASTM A307, Grade A hex bolts and ASTM A563, Grade A hex head nuts. 2. Bolts for grooved end connections shall be manufacturer's standard. I. Gaskets: 1. Gaskets for flat faced 150 and 250 psi working pressure flanges shall be 1/8 inch thick, red rubber (SBR), hardness 80 (Shore A), rated to 200 degrees F, conforming to ASME B16.21, AWWA C207, and ASTM D1330, Grades 1 and 2. 2. Gaskets for grooved end joints shall be Halogenated butyl, conforming to ASTM D2000 and AWWA C606. 2.02 SOURCE QUALITY CONTROL A. Factory Tests: In accordance with AWWA C104, C105, C110, C111, C115, C150, C151, C153 and C606. DUCTILE IRON PIPE AND FITTINGS 33 05 01.02 4 REVISION JULY 2008 3.03 INSTALLATION A. General: B. Cleaning Pipe and Fittings: C. Laying Pipe: AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS PART 3 EXECUTION 3.01 EXAMINATION A. Inspect pipe and fittings to ensure no cracked, broken, or otherwise defective materials are being used. 3.02 PREPARATION A. Trench Grade: 1. Grade bottom of trench by hand to specified line and grade, with proper allowance for pipe thickness and pipe base, when specified. Trench bottom shall form a continuous and uniform bearing and support for pipe between bell holes. 2. Before laying each section of pipe, check grade and correct irregularities found. Grade may be disturbed for removal of lifting tackle. B. Bell (Joint) Holes: At each joint, dig bell holes of ample dimensions in bottom of trench, and at sides where necessary, to permit joint to be made properly and to permit easy visual inspection of entire joint. 1. Provide and use proper implements, tools, and facilities for safe and proper prosecution of Work. 2. Lower pipe, fittings, and appurtenances into trench, piece by piece, by means of a crane, slings, or other suitable tools and equipment, in such a manner as to prevent damage to pipe materials, protective coatings and linings. 3. Do not drop or dump pipe materials into trench. 1. Remove lumps, blisters, and excess coal tar coating from bell and spigot ends of each pipe. Wire brush outside of spigot and inside of bell and wipe clean, dry, and free from oil and grease before pipe is laid. 2. Wipe ends of mechanical joint pipe and fittings and of rubber gasket joint pipe and fittings clean of dirt, grease, and foreign matter. 33 05 01.02 DUCTILE IRON PIPE AND FITTINGS REVISION JULY 2008 5 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. Direction of Laying: Lay pipe with bell end facing in direction of laying. For lines on an appreciable slope, face bells upgrade at discretion of Engineer. 2. Mechanical Joint, Push -On Joint, and Restrained Joint Pipe: After first length of pipe is installed in trench, secure pipe in place with approved backfill material tamped under and along sides to prevent movement. Keep ends clear of backfill. After each section is jointed, place backfill as specified to prevent movement. 3. Take precautions necessary to prevent floating of pipe prior to completion of backfill operation. 4. When using movable trench shield, take necessary precautions to prevent pipe joints from pulling apart when moving shield ahead. 5. Do not allow foreign material to enter pipe while it is being placed in trench. 6. Close and block open end of last laid section of pipe to prevent entry of foreign material or creep of gasketed joints when laying operations are not in progress, at close of day's work, or whenever workers are absent from job. D. Joining Push -On Joint Pipe and Mechanical Joint Fittings: 1. Join pipe with push -on joints and mechanical joint fittings in strict accordance with manufacturer's recommendations. The process of mechanized pipe joining must be approved by Owner and Engineer. 2. Provide special tools and devices, such as, special jacks, chokers, and similar items required for installation. 3. Lubricate pipe gaskets using lubricant furnished by pipe manufacturer. No substitutes will be permitted. 4. Clean ends of fittings of dirt, mud, and foreign matter by washing with water and scrubbing with a wire brush, after which, slip gland and gasket on plain end of pipe. If necessary, lubricate end of pipe to facilitate sliding gasket in place, then guide fitting onto spigot of pipe previously laid. E. Cutting Pipe: 1. General: Cut pipe for inserting valves, fittings, or closure pieces in a neat and workmanlike manner without damaging pipe or lining and so as to leave a smooth end, at right angles to axis of pipe. 2. Pipe: Cut pipe with milling type cutter or saw. Do not flame cut. 3. Dressing Cut Ends: Dress cut end of mechanical joint pipe to remove sharp edges or projections, which may damage rubber gasket. Dress cut ends of push -on joint pipe by beveling, as recommended by manufacturer. DUCTILE IRON PIPE AND FITTINGS 33 05 01.02 6 REVISION JULY 2008 F. Field Welding: 1. Use of field welded outlets will not be allowed. Welding for outlets shall be performed only in pipe manufacturer's shop. 2. Field installed outlets may be installed with saddle approved by Engineer. Opening in pipe shall be machined cut and not with cutting torch. 3. Field welding of bars for restrained joint systems will not be allowed. All welding shall be performed in pipe manufacturer's shop. G. Line and Grade: AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. Minimum Pipe Cover: 4 feet, unless otherwise indicated. 2. No high points will be allowed between air valves. 3. Maintain pipe grade between invert elevations to provide minimum clearance at air valve locations of 4 feet from existing ground surface to top of pipe. 4. Install air valves as shown and field verify intervening low points. When field conditions warrant, exceptions may be made upon approval of Engineer. 5. Deviations exceeding 6 inches from specified line or 1 inch from specified grade will not be allowed without express approval of Engineer. 6. Pipeline sections that are not installed to elevations shown or installed as approved by Engineer shall be reinstalled to proper elevation. H. Thrust Restraint: 1. Restrained joints only. Use of thrust blocking will not be allowed as restraint unless specifically identified on plans and approved by the Owner and Engineer. I. Polyethylene Encasement: 1. Encase pipe, fittings, and valves where specified in accordance with AWWA C105, Method A. 2. Cut polyethylene tube approximately 2 feet longer than pipe length. 3. Slip tube around pipe, centering to provide 1 -foot overlap on each adjacent section. 4. Pull encasement to take out slack and wrap snug around pipe. 5. Secure overlap in place and fold at quarter points of pipe length. 6. Wrap and tape encasement snug around fittings and valves. 3.04 HYDROSTATIC TESTING A. Pipeline Hydrostatic Test: 33 05 01.02 DUCTILE IRON PIPE AND FITTINGS REVISION JULY 2008 7 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. General: a. Notify Owner in writing 5 days in advance of any testing. Perform testing in presence of Owner or Engineer b. Test newly installed pipelines. Using water as test medium, pipes shall successfully pass a leakage test prior to acceptance. c. Furnish testing equipment and perform tests in manner satisfactory to Owner and Engineer. Testing equipment shall provide observable and accurate measurements of leakage under specified conditions. d. Isolate new pipelines that are connected to existing pipelines. e. Conduct tests on entire pipeline after trench has been backfilled. Testing may be done prior to placement of asphaltic concrete or roadway structural section. f. Contractor may, if field conditions permit and as determined by the Owner, partially backfill trench and leave joints open for inspection and conduct an initial service leak test. Hydrostatic test shall not, however, be conducted until backfilling has been completed. g. Owner shall provide gauge for pipeline hydrostatic test. h. Contractor shall not work on sections of the successfully tested line without the Owner's representative present. 2. Procedure: a. Maximum filling velocity shall not exceed 0.25 foot per second, calculated based on the full area of pipe. b. Expel air from pipe system during filling. Expel air through air release valve or through corporation stop installed at high points and other strategic points. c. Test pressure shall be one and a half times system operating pressure, but in no case less than 200 psi as measured at low point of pipeline. d. Apply and maintain specified test pressure with hydraulic force pump. Valve off piping system when test pressure is reached. e. Maintain hydrostatic test pressure continuously for 2 hours minimum, adding additional make -up water only as necessary to restore test pressure. f. Determine actual leakage by measuring quantity of water necessary to maintain specified test pressure for duration of test. g. If measured leakage exceeds allowable leakage or if leaks are visible, repair defective pipe section and repeat hydrostatic test. 3. Allowable Leakage: Maximum allowable leakage shall not exceed amount stated in AWWA C600. END OF SECTION DUCTILE IRON PIPE AND FITTINGS 33 05 01.02 8 REVISION JULY 2008 PART 1 GENERAL 1.01 REFERENCES AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 33 05 01.12 GRAVITY SEWER PIPE AND FITTINGS A. The following is a list of standards which may be referenced in this section: 1. Augusta Utilities Department's "Water & Sanitary Sewer Systems - Guidelines" (most recent edition); available at //www.augustaga.govidepartments/planning_zoning/dev_docs.asp. In the event that any specific item of work is not covered in this specification the above referenced document shall govern. 2. American Water Works Association (AWWA): a. C105, Polyethylene Encasement for Ductile Iron Pipe Systems. b. C110, Ductile -Iron and Gray -Iron Fittings, 3 in. Through 48 in. (75 mm Through 1200 mm), for Water. c. C111, Rubber - Gasket Joints for Ductile -Iron Pressure Pipe and Fittings. d. C205, Cement -Mortar Protective Lining and Coating for Steel Water Pipe - 4 in. (100 mm) and Larger - Shop Applied. e. C208, Dimensions for Fabricated Steel Water Pipe Fittings. f. C302, Reinforced Concrete Pressure Pipe, Noncylinder Type. g. C900, Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 in. Through 12 in. (100 mm Through 300 mm), for Water Distribution. 3. ASTM International (ASTM): a. A615/A615M, Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. b. A746, Standard Specification for Ductile Iron Gravity Sewer Pipe. c. C76, Standard Specification for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe. d. C150, Standard Specification for Portland Cement. e. C151, Ductile -Iron Pipe, Centrifugally Cast, for Water. f. C361, Standard Specification for Reinforced Concrete Low -Head Pressure Pipe. g. C425, Standard Specification for Compression Joints for Vitrified Clay Pipe and Fittings. h. C443, Standard Specification for Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets. i. C596, Test Method for Drying Shrinkage of Mortar Containing Hydraulic Cement. 33 05 01.12 GRAVITY SEWER PIPE AND FITTINGS REVISION SEPTEMBER 2008 1 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1.03 SUBMITTALS j. C700, Standard Specification for Vitrified Clay Pipe, Extra Strength, Standard Strength, and Perforated. k. D16, Standard Terminology for Paint, Related Coatings, Materials, and Applications. 1. D1248, Standard Specification for Polyethylene Plastics Extrusion Materials for Wire and Cable. m. D1784, Standard Specification for Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds. n. D2241, Standard Specification for Poly(Vinyl Chloride) (PVC) Pressure -Rated Pipe (SDR Series). o. D2412, Standard Test Method for Determination of External Loading Characteristics of Plastic Pipe by Parallel -Plate Loading. p. D3034, Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings. q. D3212, Standard Specification for Joints For Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. r. E329, Standard Specification for Agencies Engaged in the Testing and /or Inspection of Materials Used in Construction. s. F477, Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. t. F679, Standard Specification for Poly(Vinyl Chloride) (PVC) Large- Diameter Plastic Gravity Sewer Pipe and Fittings. 1.02 DEFINITIONS A. CCTV: Closed Circuit Television. B. SDR: Standard Dimension Ratio. A. Action Submittals: 1. Information on gasket polymer properties. 2. Tee fabrication details. 3. Application methods, application requirements, and chemical resistance data for coating and lining products. 4. Quick setting grout design mix if required. B. Informational Submittals: 1. Certificates: a. Manufacturer's Certificate of Compliance attests that products furnished meet requirements of this section. GRAVITY SEWER PIPE AND FITTINGS 33 05 01.12 2 REVISION SEPTEMBER 2008 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS b. Certification of Calibration: Approved testing laboratory certificate if pressure gauge for pneumatic test has been previously used. If pressure gauge is new, no certificate is required. c. Certified statement from manufacturer of gaskets, setting forth that basic polymer used in gaskets and test results of physical properties of compound are in accordance with ASTM F477 for PVC pipe or AWWA C111 for ductile iron pipe. (if requested) 2. Manufacturer's Written In -Plant Quality Control Program: Quality control procedures and materials testing to be used throughout manufacturing process. Submit prior to manufacture of any pipe for this Project. (if requested) 3. Test or historical performance data to verify that joint design meets requirements of these specifications. (if requested) 4. Provide pipe and pipe joint test results with delivery of pipe. Do not deliver pipe not meeting test requirements to Project Site. (if requested) 5. Manufacturer's written recommendations for pipe handling and installation. 6. Field Leakage Testing Plan: Submit at least 15 days in advance of the testing and include at least the following: a. Testing dates. b. Piping systems and sections to be tested. c. Test type. d. Method of isolation. e. Calculation of maximum allowable leakage for piping section(s) to be tested. 7. CCTV Inspection Equipment: Submit minimum 15 days prior to performing inspections: (if requested) a. Name and qualifications of inspection firm. b. Brand name and model number of video equipment to be used. 8. Pneumatic test results. (if requested) 9. PVC pipe deflection test results. (if requested) 10. CCTV inspection media and inspection logs. Media shall become property of Owner. 1.04 QUALIFICATIONS A. CCTV Inspection Firm: Actively performed such services for minimum of 5 years. PART 2 PRODUCTS 2.01 POLYVINYL CHLORIDE PIPE (PVC) A. 15 -Inch Diameter and Smaller: 33 05 01.12 GRAVITY SEWER PIPE AND FITTINGS REVISION SEPTEMBER 2008 3 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. In accordance with ASTM D3034. 2. Joints: Integral bell and spigot, in accordance with ASTM D3212. 3. Minimum SDR: 35 4. Cell Classification: 12454 -B or 12454 -C, as defined by ASTM D1784, 5. Fittings: SDR 35 minimum wall thickness. 6. Gaskets: Factory fabricated rubber compression type with solid cross section in accordance with ASTM F477. Lubricant for joining pipe as approved by pipe manufacturer. B. 18 -Inch through 36 -Inch Diameter: 1. In accordance with ASTM F679. 2. Joints: Integral bell and spigot, in accordance with ASTM D3212. 3. Minimum SDR: 26 4. Minimum Pipe Stiffness: 115 psi when tested in accordance with ASTM D2412. 5. Cell Classification: Minimum 12454 -C, as defined by ASTM D1784. 6. Fittings: Wall thickness no less than wall thickness of equivalent size of pipe. 7. Gaskets: Factory fabricated rubber compression type with solid cross section conforming to ASTM F477. 2.02 DUCTILE IRON PIPE (DIP) A. Pipe: 1. Conform to ASTM A746. 2. Thickness Class: As shown on Drawings 3. Joints: Push -on with rubber gaskets conforming to AWWA C111. Lubricant for joining pipe as approved by pipe manufacturer. 4. Fittings: Ductile iron conforming to AWWA C110, lined and coated same as pipe. B. Lining: 1. Ceramic Epoxy: a. 40 -mil nominal lining consisting of ceramic particle- reinforced novolac epoxy, such as Protecto 401 by the Vulcan Group with installation by U.S. Pipe. b. Line interior of bell and exterior of spigot in joint sealing areas with 6 to 10 mils of specified lining. c. Surface Preparation: SP10 near -white abrasive blast. d. Pinhole Detection: 2,500 volts minimum over 100 percent of lined surfaces. C. Polyethylene Wrap and Tape for Ductile Iron Pipe: GRAVITY SEWER PIPE AND FITTINGS 33 05 01.12 4 REVISION SEPTEMBER 2008 1. Polyethylene Wrap: 8 mils, minimum thickness, conforming to AWWA C105. 2. Adhesive Tape: Thermoplastic pressure sensitive; minimum thickness of 8 mils; minimum width of 1 inch. 2.03 SERVICE CONNECTION PIPE AND FITTINGS AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS A. Acceptable Pipe Materials: Polyvinyl chloride or Ductile iron as shown on the drawings. B. Use one type of service connection pipe material throughout, no interchanging of pipe and fittings allowed. Long - radius bends shall be used for changes in direction, unless approved otherwise by Engineer. C. Size shall be as shown on the drawings. 2.04 PIPE FOR WATERLINE CROSSINGS A. As shown on Drawings. 2.05 PIPE TO MANHOLE CONNECTOR A. Manufacturers and Products: 1. Uniseal, Evansville, Indiana; Pipeconx, Universal Pipe Connector. 2. NPC Inc., Milford, NH; Kor -N -Seal. 2.06 FLEXIBLE COMPRESSION COLLAR A. Mechanical joint coupling with No. 304 stainless steel bands. B. Manufacturers: 1. Calder, Inc., Bellflower, CA. 2. Fernco Inc., Davison, MI. 2.07 CONCRETE A. Compressive Strength: Minimum 3,000 psi at 28 days. 2.08 QUICK SETTING GROUT A. High strength, nonstaining grout. B. Reach initial set within 90 minutes at 70 degrees F and minimum compressive strength of 2,500 psi within 24 hours. 33 05 01.12 GRAVITY SEWER PIPE AND FITTINGS REVISION SEPTEMBER 2008 5 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS C. Shrinkage shall be less than 0.01 percent when tested in accordance with ASTM C596. 2.09 SOURCE QUALITY CONTROL A. Pipe Fittings: 1. Tees: a. Shop fabricated by pipe manufacturer. b. Tee stubs shall not protrude inside sewer pipe. c. Joints: Same as joints used on sewer pipe. d. Insert-a -tee PVC fitting. 2. Caps and Plugs: a. Gasket and Joint: Same as pipe specified. b. Banded or otherwise secured to withstand test pressures involved without leakage. PART 3 EXECUTION 3.01 EXAMINATION A. Notify Owner/Engineer immediately of manufacturing imperfections or damage caused by improper handling. B. Verify size, pipe condition, and pipe class prior to installation of pipe. C. Repairs to RCP storm sewer pipe section will be allowed, only if approved in writing by Owner /Engineer. Damaged pipe which, in opinion of Owner /Engineer, cannot be repaired will be rejected and removed from the Project Site. 3.02 PREPARATION A. Pipe Distribution: Do not distribute more than 1 week's supply of materials in advance of laying, unless otherwise approved by the Owner. B. Inspect pipe and fittings prior to lowering into trench to ensure no cracked, broken, or otherwise defective materials are being used. C. Remove foreign matter and dirt from inside of pipe and fittings and keep clean during and after laying. Wash ends of section clean with wet brush prior to joining sections of pipe. 3.03 INSTALLATION A. General: GRAVITY SEWER PIPE AND FITTINGS 33 05 01.12 6 REVISION SEPTEMBER 2008 1. Install pipe sections in accordance with manufacturer's recommendations. 2. Provide and use proper implements, tools, and facilities for safe and proper prosecution of Work. 3. Lower pipe, fittings, and appurtenances into trench, piece by piece, by means of crane, slings, or other suitable tools and equipment, in such a manner as to prevent damage to pipe materials, protective coatings and linings. Do not drop or dump pipe into trenches. B. Line and Grade: 1. Establish line and grade for pipe by use of lasers. 2. Measure for grade at pipe invert, not at top of pipe. 3. Do not deviate from line or grade, as shown on Drawings, more than 1/2 inch, provided that such variation does not result in a level or reverse sloping invert. C. Laying and Jointing: AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. Use gasket lubricant as recommended by gasket manufacturer. 2. Lay pipe upgrade with bell ends pointing in direction of laying. 3. When field cutting or machining pipe is necessary, use only tools and methods recommended by pipe manufacturer and approved by Engineer. 4. After section of pipe has been placed in its approximate position for jointing, clean end of pipe to be joined, inside of joint, and rubber ring immediately before joining pipe. 5. Assemble joint in accordance with recommendations of manufacturer. 6. Apply sufficient pressure in making joint to assure that joint is "home" as defined in standard installation instructions provided by pipe manufacturer. Inside joint space shall not exceed 50 percent of pipe manufacturer's recommended maximum allowance. 7. Place pipe to specified line and grade to form smooth flow line. 8. Ensure that bottom of pipe is in contact with bottom of trench for full length of each section. 9. Check for alignment and grade after joint has been made. 10. Place sufficient pipe bedding material to secure pipe from movement before next joint is installed. 11. When pipe is laid within movable trench shield, take precautions to prevent pipe joints from pulling apart when moving shield ahead. 12. When laying operations are not in progress, and at close of day's work close and block open end of last laid section of pipe to prevent entry of foreign material or creep of gasketed joints with a manufactured cap /plug. 33 05 01.12 GRAVITY SEWER PIPE AND FITTINGS REVISION SEPTEMBER 2008 7 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 13. Take precautions to prevent "uplift" or floating of line prior to completion of backfill operation. 14. Connections between one pipe material and another shall be by means of flexible compression collar, installed in accordance with the manufacture's recommendations, or concrete closure collar. D. Connection to Structure or Manhole: 1. Locate standard pipe joint within 1 5 feet of outside face of structure for pipe 18 inches and smaller and within one pipe diameter for pipe 21 inches and larger. 2. Plug or close off pipe stubbed with watertight plug. 3. Connect PVC pipe to manhole with pipe to manhole connector in accordance with manufacturer's recommendations. E. Crossing Waterlines: Where sewer crosses less than 18 inches below waterline, use ductile iron or PVC pressure pipe for crossing. F. Ductile Iron Pipe: 1. Cutting and Dressing of Ductile Iron Pipe Ends: a. Cut at right angles to centerline of pipe to leave smooth end, without damage to pipe. b. Use only approved mechanical cutter. c. Taper cut end of pipe to be used with rubber gasket joints by grinding or filing 1/8 inch back at an angle of approximately 30 degrees with centerline of pipe. d. Remove sharp or rough edges. e. Abrade cut ends with grinding wheel and apply lining repair material. Use only compatible repair materials provided by pipe lining manufacturer. Allow repair lining to harden and cure before installation. 2. Polyethylene Wrap: a. Before installing wrap, clean pipe exterior of foreign material. b. Cut wrap approximately 2 feet longer than pipe section. c. Overlap wrap approximately 1 foot; seal joints with adhesive tape. d. Tape entire circumference of pipe at 3 -foot intervals along pipe. e. Repair rips, punctures, or other damage to polyethylene with adhesive tape. f. When fittings cannot be practically wrapped in a tube, use a flat sheet or split tube of polyethylene. Securely tape seams. 3.04 SERVICE CONNECTION TEES A. Install as shown on Drawings. GRAVITY SEWER PIPE AND FITTINGS 8 33 05 01.12 REVISION SEPTEMBER 2008 B. Install caps or plugs on tees. C. Furnish tee outlets with gasketed type joint or approved adapter to join service connection pipe. 3.05 SERVICE CONNECTION INSTALLATION B. Minimum Slope: 1/4 inch per foot. C. Minimum Trench Depth: see detail on plans. AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS A. In general, service connections shall extend to street or alley right -of -way line or easement line, or as directed by Engineer. D. Progress of Construction: Unless otherwise approved by Engineer, install service connection not more than 5 days after backfilling of sewer trench in block or equivalent 400 -foot section of sewer. E. Laying and Jointing of Service Connection Pipe and Fittings: 1. Maximum deflection permissible with any one fitting shall not exceed 45 degrees and shall be accomplished with long- radius curves or bends. Short- radius elbows or curves will not be permitted, except by permission of Owner /Engineer. 2. Make service connection to sewer system at manhole when directed by Engineer. Where service connection pipe is connected to manhole or concrete structure, make connection so standard pipe joint is located not more than 1.5 feet from structure. 3. Provide end of service connection line and fittings with standard watertight plug, cap, and stopper, suitably braced to prevent blow -off during air testing. F. Line and Grade for Service Connection Pipe and Fittings: 1. Install sewer tee so as to locate connection pipe within horizontal distance of 1 foot either side of staked location. 2. Lay pipe uniformly between tee or top of riser section and end of service connection. Where minimum slopes are used, lay pipe by means of good quality builder's level not less than 24 inches long. G. Existing Service Connections: 1. Locate prior to constructing tee in new sewer pipeline. 2. Disconnect from existing pipelines to be abandoned and reconnect them to new sewer pipeline. 33 05 01.12 GRAVITY SEWER PIPE AND FITTINGS REVISION SEPTEMBER 2008 9 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 3.06 CLEANING A. Clean each section of completed sewer pipeline prior to testing. B. Place screen or dam in downstream manhole of section being cleaned to catch debris. C. Remove material from each manhole section before cleaning the next section downstream. D. Method: As approved by Engineer. E. Cleaning water may be discharged into existing sewer system after screening and removal of debris. 3.07 TESTING A. General: 1. Notify Owner in writing 5 days in advance of testing. Perform testing in presence of Owner's Representative. 2. Pipe 18 inches in diameter and smaller shall be tested for leakage using a low pressure air test performed in accordance with the applicable sections of the Uni -Bell UNI- B -6 -98, latest version. 3. Pipe over 18 inches in diameter shall be tested for leakage using a low pressure air test performed in accordance with the applicable sections of the Uni -Bell UNI- B -6 -98, latest version. 4. Individual joints may be tested on pipe 36 inches in diameter and larger with Owner's written approval. 5. Pipe shall successfully pass leakage test prior to acceptance 6. Test sections of constructed sewer between stations only after service connections, manholes, and backfilling are completed. Testing shall be done prior to placement of asphaltic concrete or roadway structural section. 7. Isolate new pipelines that are connected to existing pipelines. Install pipe plugs as required to allow section of new pipe to be pressure tested. 8. Plug wyes, tees, stubs, and service connections with gasketed caps or plugs securely fastened or blocked to withstand internal test pressure. Such plugs or caps shall be removable, and their removal shall provide socket suitable for making flexible jointed lateral connection or extension. 9. Furnish testing equipment and perform tests as approved by Engineer. Testing equipment shall provide observable and accurate measurement of leakage under specified conditions. GRAVITY SEWER PIPE AND FITTINGS 33 05 01.12 10 REVISION SEPTEMBER 2008 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS B. Pneumatic Testing for 18 -inch and Smaller Diameter Pipe: 1. Equipment: a. Calibrate gauges with standardized test gauge provided by Contractor at start of each testing day. Owner or Engineer may witness calibration. b. Install compressor, air piping manifolds, gauges, and valves at ground surface. c. Provide pressure release device, such as rupture disc or pressure relief valve, to relieve pressure at 6 psi or less. d. Restrain plugs used to close sewer lines to prevent blowoff. 2. Procedure: a. No person shall enter manhole or structure, or occupy area above opening of manhole or structure where pipe is under pressure. b. Determine height of groundwater table at time of test. c. Slowly introduce air into pipe section until internal air pressure reaches 4 psi greater than average backpressure of groundwater submerging pipe. d. Allow 2 minutes minimum for air temperature to stabilize. e. Allowable leakage for sewers constructed of nonair - permeable materials such as ductile iron, and polyvinyl chloride (PVC) shall be done in accordance with the applicable sections of the Uni -Bell UNI- B -6 -98, latest version. C. Test Report Documentation (test reports to be managed by Resident Project Representative): 1. Test date. 2. Pipe section or pipe joint tested. 3. Test Method. 4. Test Pressure. 5. Length of test. 6. Pressure loss. 7. Remarks, including: a. Leaks (type, location). b. Repair/ replacement performed to remedy excessive leakage. 8. Signed by Contractor and Owner to represent that test has been satisfactorily completed. D. Subsequent Failure: Visible infiltration of groundwater following successful test shall be considered evidence that original test was in error or that subsequent failure of pipeline has occurred. E. PVC Pipe Deflection Test: 33 05 01.12 GRAVITY SEWER PIPE AND FITTINGS REVISION SEPTEMBER 2008 11 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. General: a. Test installed pipeline for deflection by pulling a mandrel through sewer without aid of mechanical pulling device. b. Perform test at least 10 days after trench backfill and compaction have been completed. c. Owner shall supply mandrel for testing up to and including 12- inch pipe. 2. Mandrel: a. Full circle, solid or rigid odd number of legs (minimum 9 legs) steel cylinder with pulling rings at each end. b. Diameter: Sized to allow only as much initial deflection for ultimate deflection of 5 percent. 3. Correcting Deficiencies or Obstructions: a. Excavate to springline of pipeline and replace and recompact pipe zone material. b. Internal pipe rerounding or vibration will not be allowed. c. If pipe does not pass mandrel test after replacement of pipe zone material and trench backfill, re- excavate and replace pipeline. 3.08 INSPECTION (TO IDENTIFY FAILURES) A. Television Pipeline Inspection: 1. General: a. Internally inspect sewer pipelines by closed circuit television (CCTV) after completion of pipeline cleaning and testing. b. Conduct inspection in presence of Owner. 2. Procedure: a. Provide complete and continuous taped record and digital log of inspection. b. Format: Digital Video Disk (DVD), color c. Television Camera Equipment: 1) Rotating lens or pan and tilt. 2) Resolution: Minimum 350 lines per inch. 3) Focal Distance: Adjustable through a range of 6 inches to infinity. 4) Remote - Reading Footage Counter: Accurate to less than 1 percent error. 5) Lighting: Sufficient to provide clear, in -focus picture of entire inside periphery of pipe, and minimizes reflection. d. Pull camera at uniform rate, stopping to properly document defects. Maximum pull of camera shall not exceed 30 feet per minute. 3. Quality Standard: GRAVITY SEWER PIPE AND FITTINGS 33 05 01.12 12 REVISION SEPTEMBER 2008 a. Provide clear, sharp image when played back on conventional television receiver. b. Neatly label DVD showing contents, project title, tape number, pipe structure identification numbers, date tape was made, and inspection company. c. DVD to include: 1) Opening Screen: a) Date of inspection. b) Pipe structure identification number. c) Upstream and downstream node identification numbers. d) Street address. e) Pipe size. f) Normal (upstream to downstream) or reverse (downstream to upstream) pull. 2) Continuous View: Current distance along reach (tape counter footage). d. Log sheets to show time and date of inspection, location, upstream and downstream manholes, direction of pull, pipeline length, pipe size, pipe material, location of lateral connections, video tape number and detail of defects encountered. e. Show sufficient detail to determine cracks in pipe, offset joints, leaking joints, sags, and other flaws in pipeline installation. Record location of deficiencies by distance from center of reference manhole. f. Upon completion, playback tape in presence of Owner. Any tape not meeting quality standard will be rejected and taping process repeated. g. Correct deficiencies found as a result of video replay, and repeat CCTV inspection. B. Manual Inspection: AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. Pipe 36 inches and larger. 2. Provide any specialized equipment required for inspection by Owner. 3. Maintain voice communications between in -pipe and aboveground personnel at all times during in -pipe inspection. 4. Record inspection on DVD and inspection logs. Provide Digital (3.2 MP minimum), color, still photographs of defects or other features as requested by Owner or Engineer. 5. Log sheets: Show time and date of inspection, location, upstream and downstream structure numbers, pipeline length, pipe size, pipe segment length, pipe material, lateral connections located by pipe segment number, and location and detail of defects encountered. 33 05 01.12 GRAVITY SEWER PIPE AND FITTINGS REVISION SEPTEMBER 2008 13 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS C. Deficiencies Requiring Correction: a. Variations in alignment greater than specified herein. b. Joint separations greater than allowed by pipe manufacturer. c. Visible infiltration. d. Presence of debris or foreign objects. e. Obvious damage or defects in pipeline. END OF SECTION GRAVITY SEWER PIPE AND FITTINGS 33 05 01.12 14 REVISION SEPTEMBER 2008 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 33 0513 MANHOLES PART 1 GENERAL 1.01 REFERENCES A. The following is a list of standards that may be referenced in this section: 1. Augusta Utilities Department's "Water & Sanitary Sewer Systems - Guidelines" (most recent edition); available at //www.augustaga.govidepartments/planning_zoning/dev_docs.asp. In the event that any specific item of work is not covered in this specification the above referenced document shall govern. 2. ASTM International (ASTM): a. A36, Standard Specification for Carbon Structural Steel. b. A48, Standard Specification for Gray Iron Castings. c. Al23, Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products. d. A167, Standard Specification for Stainless and Heat - Resisting Chromium - Nickel Steel Plate, Sheet, and Strip. e. A240, Standard Specification for Heat - Resisting Chromium and Chromium- Nickel Stainless Steel Plate, Sheet, and Strip for Pressure Vessels. f. A536, Standard Specification for Ductile Iron Castings. g. A615/A615M, Standard Specification for Rail- Steel Deformed and Plain Bars for Concrete Reinforcement. h. B139, Standard Specification for Phosphor Bronze Rod, Bar, and Shapes. i. C14, Standard Specification for Concrete Sewer, Storm Drain, and Culvert Pipe. j. C387, Standard Specification for Packaged, Dry, Combined Materials for Mortar and Concrete. k. C443, Standard Specification for Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets. 1. C478, Standard Specification for Precast Reinforced Concrete Manhole Sections. m. C923, Standard Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Laterals. n. D4101, Standard Specification for Propylene Plastic Injection and Extrusion Materials. o. F593, Standard Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 33 05 13 MANHOLES REVISION SEPTEMBER 2008 1 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS p. F594, Standard Specification for Stainless Steel Nuts. 1.02 SUBMITTALS A. Action Submittals: 1. Shop Drawings: a. Cast -in -Place Manholes: Details of construction. b. Precast Manholes: Details of construction. c. Precast Base, Cones, and Top Slab Sections: Details of construction. d. Manholes Over Existing Piping: Plans and schedule for diverting flow. B. Informational Submittals: 1. Proposed curing method for cast -in -place concrete structures. 2. Precast Manhole Sections: Manufacturer's results of tests performed on representative sections to be furnished. (if required) 3. Certified load test data for precast manhole steps. (if required) 4. Plan for diversion of flow during installation of manhole over existing piping. PART2 PRODUCTS 2.01 PRECAST MANHOLES A. Riser Sections: 1. Minimum 48 inches in diameter. 2. Fabricate in accordance with ASTM C478. 3. Minimum Wall Thickness: 4 inches or 1/12 times inside diameter, whichever is greater. 4. Top and bottom shall be parallel. 5. Joints: Tongue- and - groove B. Cone Sections: 1. Provide eccentric cones. 2. Same wall thickness and reinforcement as riser section. 3. Top and bottom shall be parallel. C. Base Sections and Base Slab: 1. Base Sections: Base slab integral with sidewalls. MANHOLES 33 05 13 2 REVISION SEPTEMBER 2008 2. Fabricate in accordance with ASTM C478. D. Manhole Extensions: E. Preformed Plastic Gaskets: 1. Henry Company, Houston, TX; Ram -Nek. F. External Concrete Joint Wrap AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. Concrete grade rings; maximum 8 inches high. 2. Fabricate in accordance with ASTM C478. 3. Brick adjustments; in accordance with plan details. 1. External concrete joint wrap shall be an elastomeric -based product. 2. External concrete joint wrap shall be provided with a backing separator sheet for easy handling while keeping the bonding surface fresh and free of debris. 3. External concrete joint wrap shall have a minimum width of 9 inches. 4. Henry Company, Houston, TX; Rub'r -Nek. G. Polypropylene Steps: 1. Fabricate from minimum 1/2 inch, Grade 60, steel bar meeting ASTM A615/A615M. 2. Polypropylene encasement shall conform to ASTM D4101. 3. Minimum Width: 13 inches, center -to- center of legs. 4. Embedment: 3 -1/2 -inch minimum and 4 -1/2 -inch minimum projection from face of concrete at point of embedment to center of step. 5. Cast in manhole sections by manufacturer. 6. Load Test: Capable of withstanding ASTM C478 vertical and horizontal load tests. H. Source Quality Control: 1. All test specimens shall be mat tested and meet permeability test requirements of ASTM C14. 2. Conduct tests at point of manufacture prior to delivery of any section. 3. Sections to be tested will be selected at random from stockpiled material to be supplied for the Project. 2.02 CAST -IN -PLACE MANHOLES (IF APPLICABLE) A. Reinforcing Steel: Furnish as specified in Supplemental Technical Specification Section 03 21 00, Reinforcing Steel. 33 05 13 MANHOLES REVISION SEPTEMBER 2008 3 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS B. Concrete: Furnish as specified in Supplemental Technical Specification Section 03 30 00, Cast -in -Place Concrete. 2.03 MANHOLE FRAMES AND COVER A. Ring and cover shall be USF -668 or pre- approved equal as shown in the drawing details. 2.04 WATERTIGHT FRAME FASTENERS A. Galvanize after fabrication in conformance with ASTM Al23. 2.05 MANHOLE FRAME TO STRUCTURE SEALS A. Gasket: 1. Extrude or mold from a high -grade rubber compound. 2. Comply with material test requirements of ASTM C923. 3. Minimum Thickness: 3/16 inch. 4. Minimum Unstretched Length: Sufficient to extend from the manhole frame, across a maximum of 12 inches of extension rings, to the manhole cone section. 5. Fabricate bands for compressing sleeve against manhole from Type 304 stainless steel: a. Channeled Sheet: Minimum 16- gauge, ASTM A167. b. Round: 5/16 -inch diameter, ASTM A240. B. Screws, Bolts, or Nuts: Stainless steel conforming to ASTM F593 and ASTM 594, Type 304. C. Internal gasket or its appurtenances shall not extend into the manhole opening to restrict entry into or exit from the manhole. D. Gasket shall be made only of materials that have been proven to be resistant to the following exposures and conditions: 1. Sanitary sewage. 2. Corrosion or rotting under wet or dry conditions. 3. Gaseous environment in sanitary sewers and at road surfaces including common levels of ozone, carbon monoxide, and other trace gases at the sites of installation. 4. Biological environment in soils and sanitary sewers. 5. Chemical attack by road salts, road oil, and common street spillages or solvents used in street construction or maintenance. MANHOLES 33 05 13 4 REVISION SEPTEMBER 2008 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 6. Temperature ranges, variations, and gradients in the area of construction. 7. Variations in moisture conditions and humidity. 8. Fatigue failure caused by a minimum of 30 freeze -thaw cycles per year. 9. Vibrations due to traffic loading. 10. Fatigue failure due to repeated variations of tensile, compressive and shear stresses, and repeated elongation and compression. 11. Any combination of the above. E. Materials used shall be compatible with each other and with manhole materials. F. Design gasket to meet the following requirements: 2.06 MORTAR 1. Continuously prevent leakage of water from outside the manhole into the manhole at the joints between the manhole frame and the cone section. 2. Seal shall remain flexible, allowing repeated vertical movements of frame from 0 to 2 inches or repeated horizontal movements of frame with respect to top of extension or cone from 0 to 1/2 inch due to pavement movements or other causes, or both types of movement occurring simultaneously at rates not exceeding 1 /10 inch per minute. A. Standard premixed in accordance with ASTM C387, or proportion one part portland cement to two parts clean, well - graded sand that will pass a 1/8-inch screen. B. Admixtures: May be included but do not exceed the following percentages of weight of cement: 1. Hydrated Lime: 10 percent. 2. Diatomaceous Earth or Other Inert Material: 5 percent. C. Mix Consistency: 1. Tongue- and - Groove Type Joint: Such that mortar will readily adhere to pipe. 2.07 IMPORTED PIPE BASE A. Furnish as specified in applicable section. 33 05 13 MANHOLES REVISION SEPTEMBER 2008 5 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 2.08 FLEXIBLE JOINTS A. Manufacturers: 1. "Kor -N- Seal" flexible rubber boot with stainless steel accessories as manufactured by NPC, Inc., Milford, New Hampshire. 2. "PS10" flexible gasket as manufactured by PressSeal Gasket Corporation. PART 3 EXECUTION 3.01 GENERAL A. Remove and keep all water clear from the excavation during construction and testing operations. B. Place imported pipe base material on undisturbed earth; thoroughly compact with a mechanical vibrating or power tamper. 3.02 EXCAVATION AND BACKFILL A. Excavation: As specified in Section 31 23 16, Excavation. B. Backfill: As specified in Section 31 23 23, Fill and Backfill. 3.03 INSTALLATION OF PRECAST MANHOLES A. Concrete Base: 1. Cast -in- Place: a. Vibrate to densify concrete and screed so first precast manhole section to be placed has a level, uniform bearing for full circumference. b. Deposit sufficient mortar on base to assure watertight seal between base and manhole wall, or place first precast section of manhole in concrete base before concrete has set. Properly locate and plumb first section. 2. Precast: a. Place on compacted imported base material. b. Properly locate, ensure firm bearing throughout, and plumb first section. B. Sections: 1. Carefully inspect precast manhole sections to be joined. MANHOLES 33 05 13 6 REVISION SEPTEMBER 2008 2. Thoroughly clean ends of sections to be joined. 3. Do not use sections with chips or cracks in the tongue. 4. Locate precast steps in line with each other to provide a continuous vertical ladder. C. Preformed Plastic Gaskets (In lieu of mortar joints): 1. Use only pipe primer furnished by gasket manufacturer. 2. Install gasket material in accordance with manufacturer's instructions. 3. Completed Manholes shall be rigid and watertight. D. Exterior Concrete Joint Wrap 1. External concrete joint wrap shall be used in combination with joint sealant for each pre -cast joint section. 2. Install wrap material in accordance with manufacturer's instructions. E. Rubber Gasketed Joints: Install in accordance with manufacturer's instructions. F. Extensions: 1. Provide on manholes in streets or other locations where a subsequent change in existing grade may be likely. 2. Install to height not exceeding 8 inches. 3. Lay grade rings in mortar with sides plumb and tops level. 4. Seal joints with mortar as specified for sections, and make watertight. 3.04 MANHOLE INVERT AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS A. Construct with smooth transitions to ensure an unobstructed flow through manhole. Remove sharp edges or rough sections that tend to obstruct flow. B. Where full section of pipe is laid through manhole, break out top section as shown and cover exposed edge of pipe completely with mortar. Trowel mortar surfaces smooth. 3.05 CAST -IN -PLACE MANHOLE (IF APPLICABLE) A. Reinforcing Steel: Install as specified in Supplemental Technical Section 03 21 00, Reinforcing Steel. B. Concrete: Install as specified in Supplemental Technical Section 03 30 00, Cast -in -Place Concrete. 33 05 13 MANHOLES REVISION SEPTEMBER 2008 7 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS C. Steps: 1. Install manhole steps at 16 inches on center, plus or minus 1/4 -inch tolerance, and locate to provide a continuous vertical ladder. 2. Do not vary spacing between any two adjacent steps by more than 1/2 inch. 3. The distance between wall of manhole and center of rung, measured at the point of embedment, shall be not less than 4 inches or more than 6 -1/4 inches. 3.06 MANHOLE FRAMES AND COVERS A. Set frames in bed of mortar with mortar carried over flange as shown. B. Set tops of covers flush with surface of adjoining pavement or ground surface, unless otherwise shown or directed. C. Offsite manholes shall have bolt down frame integrally cast into the riser /cone section. 3.07 WATERTIGHT MANHOLES 1. Install frame fasteners at locations shown on drawings. 3.08 MANHOLE PIPING A. Drop Assembly (as shown in the drawing details): 1. Extend pipe from the drop to a minimum of 3 feet beyond the manhole excavation into the trench, and connect to sewer pipe with an adapter. 2. Support lower drop elbow with concrete monolithically- placed with manhole base. B. Flexible Joints: 1. Provide in pipe not more than 1 -1/2 feet from manhole walls. 2. Where last joint of pipe is between 1 -1/2 and 6 feet from manhole wall, provide flexible joint in manhole wall. C. Stubouts for Future Connections: 1. Provide same type and class of pipe as specified for use in service connection, lateral, main, or trunk sewer construction. Where there are two different classes of pipe at manhole use higher strength pipe. MANHOLES 33 05 13 8 REVISION SEPTEMBER 2008 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 2. Grout pipe in precast walls or manhole base to provide watertight seal or use flexible joints as specified herein. 3. Stubout Length: 20 feet (1 joint) outside manhole wall. 4. Construct invert channels as shown. Unless otherwise approved by Engineer, match inside top elevation of service connection pipe to inside top elevation of outlet pipe. 5. Test Plugs: a. Install rubber - gasketed plugs in end of stubouts with gasket joints similar to sewer pipe being used. b. Plugs shall withstand internal or external pressures without leakage. c. Adequately brace plugs against all hydrostatic or air test pressures. D. Permanent Plugs: Clean interior contact surfaces of pipes to be cut off or abandoned as shown, and construct plug as follows: 1. Pipe 18 Inches or Less in Diameter: Concrete plug in end, minimum 8 inches in length. 2. Pipe 20 Inches and Larger: a. Construct plugs of common brick, concrete block, or concrete. b. Plaster exposed face of block or brick plugs with mortar. 3. Plugs shall be watertight and capable of withstanding internal and external pressures without leakage. 3.09 MANHOLES OVER EXISTING PIPING A. Maintain flow through existing pipelines at all times. B. Plastic Pipe: 1. Use solvent recommended by pipe manufacturer to slightly soften the pipe wall. 2. Apply a dense coating of clean mortar sand over all areas that will be in contact with concrete. 3. Allow mortar to dry completely prior to placing concrete. C. Concrete Pipe: Apply a bonding agent on all surfaces to be in contact with concrete. D. Construct base under existing piping. E. Construct manhole as specified. F. Break out existing pipe within new manhole, cover edges with mortar, and trowel smooth. 33 05 13 MANHOLES REVISION SEPTEMBER 2008 9 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS G. Protect new concrete and mortar work for 7 days after placing concrete. 3.10 CONNECTIONS TO EXISTING MANHOLES A. Use the appropriate "boot" for connecting pipe diameter. B. Core existing manhole bases or grouting as necessary. C. Clean all surfaces and apply a bonding agent. D. Regrout to provide smooth flow into and through manholes. E. Provide diversion facilities and perform work necessary to maintain flow during connection. 3.11 FIELD QUALITY CONTROL A. Vacuum Testing: 1. All manholes shall be tested using low- pressure vacuum methods according to ASTM C1244. 2. Repair manholes that do not meet the vacuum test, or do not meet specified requirements from visual inspection. B. Testing Cast -in -Place Manhole Steps: 1. Test each step for a horizontal pullout load of 400 pounds with the load applied over a width of 3-1/2 inches and centered on the rung. 2. Apply the load at a uniform rate until the required test load is reached. 3. Provide suitable hydraulic jacks and gauges to perform the test. 4. Steps will be considered acceptable if they remain solidly embedded after application of test load and if no cracking or fracture of the step nor spalling of the concrete, masonry, or mortar is evident. 5. Replace, or reset and retest, steps failing to withstand required load. END OF SECTION MANHOLES 33 05 13 10 REVISION SEPTEMBER 2008 PART 1 GENERAL 1.01 REFERENCES A. The following is a list of standards which may be referenced in this section: 1.02 SUBMITTALS A. Action Submittals: Catalog cuts of system components. B. Informational Submittal: Certificate of Compliance: Upon completion of the system installation, Contractor to verify all fire department hose connections, and check all fire safety devices to ensure their readiness for emergency connection and operation. PART 2 PRODUCTS 2.01 FIRE HYDRANTS A. Hydrant: AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 33 12 19 WATER UTILITY DISTRIBUTION FIRE HYDRANTS 1. Augusta Utilities Department's "Water & Sanitary Sewer Systems - Guidelines" (most recent edition); available at //www.augustaga.govidepartments/planning_zoning/dev_docs.asp. In the event that any specific item of work is not covered in this specification the above referenced document shall govern. 2. American Water Works Association (AWWA): a. C502, Dry - Barrel Fire Hydrants. b. C600, Standard for Installation of Ductile -Iron Water Mains and Their Appurtenances. 3. ASTM International (ASTM): C94, Standard Specification for Ready - Mixed Concrete. 1. Break flange or safety top type. 2. Nominal 5 -1/4 -inch main valve opening with 6 -inch bottom connections. 3. Conform to AWWA C502. 4. Two 2 -1/2 -inch hose nozzles. 5. One 4 -1/2 -inch pumper nozzle. 6. Operating Nuts: 1-1/2-inch National Standard pentagon nut. 7. Mechanical joint inlet connection. 33 12 19 WATER UTILITY DISTRIBUTION REVISION JULY 2008 1 FIRE HYDRANTS AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS FIRE HYDRANTS 8. Yellow above ground line. 9. Integral Davidson Anti- Terrorist Valve. 10. Manufacturer and Product: a. Mueller; #A -24018 b. M &H Figure 129T c. American AVK 2700 Series B. Main Valve: 1. Depth of Bury: 4 feet. 2. Equip with 0-ring seals. 3. Valve opens on clockwise /counterclockwise rotation as specified on drawings. 4. U.S. Pipe Metro-Seal 250 Resilient Seated Gate Valve 2.02 PRECAST CONCRETE PIER BLOCK A. Nominal dimensions of 8 -inch thickness by 16 -inch square base. B. Compressive Strength: 3,000 psi at 28 days. 2.03 GRAVEL FOR DRAINAGE A. Washed 3/4 -inch drainage gravel. Free of organic matter, sand, loam, clay, and other small particles that will restrict water flow through gravel. 2.04 FOUNDATION STABILIZATION MATERIAL A. Furnish when existing trench material or imported pipe base material will not support soft or flooded spots in excavated trench. B. Maximum 3 -inch hard rock free from excessive clay material, but enough fines to bind larger fragments. 2.05 CONCRETE FOR THRUST BLOCKING A. Ready -mix meeting ASTM C94, Alternative 2. B. Compressive Strength: 3,000 psi at 28 days. C. Aggregate Size: 1 -1/2 inches. D. Slump: 2 to 4 inches. WATER UTILITY DISTRIBUTION 33 12 19 2 REVISION JULY 2008 PART 3 EXECUTION A. Install hydrants in accordance with Sections 3.7 and 3.8 of AWWA C600, unless specified otherwise. 2.06 THRUST TIES A. 314 -inch diameter steel rods. B. Duc -Lugs Manufacturer: The Stellar Corp., Columbus, OH. 2.07 MECHANICAL WEDGE ACTION TYPE JOINT: A. Prior to purchase and installation, type and application of this joint shall be approved by Engineer. B. Manufacturers and Products: 3.01 GENERAL 3.02 EXCAVATION 1. EBAA Iron; Mega -Lug 2. Smith- Blair, Inc.; 111 Cam -Lock AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS A. Excavate to subgrade. Fill over excavated areas with foundation stabilization material. Tamp to provide firm foundation. 3.03 BASE BLOCK A. Place on firm, level subgrade to ensure uniform support. 3.04 INSTALLATION OF HYDRANTS A. Locate hydrants to provide accessibility and to minimize potential damage from vehicles. 1. Relocate improperly set hydrants. 2. Hydrant Located behind Curbs: Set barrel so pumper nozzle or hose nozzle caps are a minimum of 18 inches from gutter face of curb. 3. Hydrant Located in Space between Curb and Sidewalk: Not less than 8 inches, clear from sidewalks. 4. Hydrant Located between Sidewalk and Property Line: Minimum clearance 8 inches from sidewalk. 33 12 19 WATER UTILITY DISTRIBUTION REVISION JULY 2008 3 FIRE HYDRANTS AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 5. Set hydrants so safety flange is a minimum of 2 inches above finished ground or sidewalk level. B. Place hydrant on base Nock carefully to prevent the base block from breaking. C. Joints shall conform to Section 3.4 of AWWA C600 when cast or ductile iron pipe is used. D. Maintain hydrant in a plumb position during subsequent Work. E. Hydrant valve not to exceed 4 feet from main line tee unless specifically approved by the Owner's representative. 3.05 GRAVEL FOR DRAINAGE A. Place gravel around base block and hydrant bottom in accordance with Section 3.7 of AWWA C600. 3.06 CONCRETE THRUST BLOCKING A. Place blocking after hydrant is set in final position and joined to pipe. B. Concrete thrust block shall have a minimum of 4 square feet of bearing area against undisturbed earth. 3.07 THRUST TIES A. Install thrust ties in lieu of concrete thrust blocking when ground surface behind hydrant is less than 2 feet above top of hydrant base. 1. Install two tie rods between main valve and hydrant. 2. Install mechanical joint glands with lugs in joints between hydrant, main valve and main line tee. 3.08 MECHANICAL WEDGE ACTION TYPE JOINT A. Install mechanical wedge anchors at every joint between main line tee and fire hydrant. END OF SECTION WATER UTILITY DISTRIBUTION 33 12 19 FIRE HYDRANTS 4 REVISION JULY 2008 1.02 SUBMITTALS AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 33 13 00 DISINFECTING OF WATER UTILITY DISTRIBUTION PART 1 GENERAL 1.01 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. Augusta Utilities Department's "Water & Sanitary Sewer Systems - Guidelines" (most recent edition); available at //www.augustaga.govidepartments/planning_zoning/dev_docs.asp. In the event that any specific item of work is not covered in this specification the above referenced document shall govern. 2. American Water Works Association (AWWA): a. B300, Hypochlorites. b. B301, Liquid Chlorine. c. B302, Ammonium Sulfate d. B303, Sodium Chlorite. _ e. C651, Disinfecting Water Mains. f. C652, Disinfection of Water Storage Facilities. g. C653, Disinfection of Water Treatment Plants. 3. Standard Methods for the Examination of Water and Wastewater, as published by American Public Health Association, American Water Works Association, and the Water Environment Federation. A. Informational Submittals: 1. Plan describing and illustrating conformance to appropriate AWWA standards and this Specification (if required). 2. Procedure and plan for cleaning system. 3. Procedures and plans for disinfection and testing. 4. Proposed locations within system where Samples will be taken. 5. Type of disinfecting solution and method of preparation. 6. Certification that employees working with concentrated chlorine solutions have received appropriate safety training. 7. Method of disposal for highly chlorinated disinfecting water. 33 13 00 DISINFECTION OF WATER REVISION JULY 2008 1 UTILITY DISTRIBUTION AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS PART 2 PRODUCTS 2.01 WATER FOR DISINFECTION AND TESTING A. Clean, uncontaminated, and potable. B. Owner will supply potable quality water. Contractor shall convey in disinfected pipelines or containers. 2.02 CONTRACTOR'S EQUIPMENT A. Furnish chemicals and equipment, such as pumps and hoses, to accomplish disinfection. B. Water used to fill pipeline may be supplied using a temporary connection to existing distribution system. Provide protection against cross - connections as required by AWWA C651. 2.03 DISINFECTANT A. The following disinfectant product(s) shall not be used: chlorine gas. PART 3 EXECUTION 3.01 GENERAL A. Conform to AWWA C651 for pipes and pipelines, except as modified in these Specifications. B. Disinfect the following items installed or modified under this Project, intended to hold, transport, or otherwise contact potable water: 1. Pipelines: Disinfect new pipelines that connect to existing pipelines up to point of connection. 2. Disinfect surfaces of materials that will contact finished water, both during and following construction, using one of the methods described in AWWA C652 and C653. Disinfect prior to contact with finished water. Take care to avoid recontamination following disinfection. C. Prior to application of disinfectants, clean pipelines of loose and suspended material. D. Allow freshwater and disinfectant solution to flow into pipe or vessel at a measured rate so chlorine -water solution is at specified strength. Do not place concentrated liquid commercial disinfectant in pipeline or other facilities to be disinfected before it is filled with water. DISINFECTION OF WATER 33 13 00 UTILITY DISTRIBUTION 2 REVISION JULY 2008 E. Owner will supply sufficient potable water and testing for the Contractor to complete the initial execution outlined in this section. The Contractor is responsible to the Owner for the costs of additional potable water and testing due to failure of the initial tests. 3.02 SEQUENCING AND SCHEDULING A. Commence initial disinfection after completion of following: 1. Completion and acceptance of internal painting of system(s). 2. Hydrostatic and pneumatic testing, pressure testing, functional and performance testing and acceptance of pipelines, pumping systems, structures, and equipment. 3. Disinfection of: a. Pumps and associated system piping. b. Treatment plant basins and processes used to supply water to system. 3.03 PIPING AND PIPELINES A. Cleaning: AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1. Before disinfecting, clean all foreign matter from pipe in accordance with AWWA C651. 2. If the continuous feed method or the slug method of disinfection, as described in AWWA C651 are used, flush pipelines with potable water until clear of suspended solids and color. Provide hoses, temporary pipes, ditches, and other conduits as needed to dispose of flushing water without damage to adjacent properties. 3. Flush service connections and hydrants. Flush distribution lines prior to flushing hydrants and service connections. Operate valves during flushing process at least twice during each flush. 4. Flush pipe through flushing branches and remove branches after flushing is completed. B. Disinfecting Procedure: In accordance with AWWA C651, unless herein modified. 3.04 PUMPS A. Disinfecting Solutions: Minimum free chlorine concentration of 100 ppm. B. Application: 33 13 00 DISINFECTION OF WATER REVISION JULY 2008 3 UTILITY DISTRIBUTION AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS A. Cleaning: 3.05 TANKS AND RESERVOIRS 3.07 TESTING 1. Inject disinfecting solution into pump and associated piping and circulate for a minimum 3 -hour period of time. At end of 3 -hour period, solution shall have a strength of at least 50 ppm free chlorine. 2. Operate valves and pump appurtenances during disinfection to ensure that disinfecting solution is dispersed into all parts of pump and lines. 3. If disinfecting solution contained in pump has a residual free chlorine concentration less than 50 ppm after the 3 -hour retention period, reclean pump, reapply disinfecting solution, and retest until a satisfactory test result is obtained. 4. After chlorination, flush water from pump until water through the unit is chemically and bacteriologically equal to permanent source of supply. 1. Clean interior surfaces using water under pressure before sterilizing. Isolate tank or reservoir from system to prevent contaminating materials from entering the distribution system. Cleaning shall: a. Remove all deposits of foreign nature. b. Remove all biological growths. c. Clean the slopes, walls, top, and bottom. d. Avoid damage to the structure. e. Avoid pollution or oil deposits by workers and equipment. 2 Dispose of water used in cleaning in accordance with applicable regulations before adding disinfecting solution to tank or reservoir. B. Disinfecting Procedure: In accordance with AWWA C652, unless herein modified. Parts of structures, such as ceilings or overflows that cannot be immersed, shall be spray or brush disinfected. 3.06 DISPOSAL OF HEAVILY CHLORINATED WATER A. Do not allow flow into a waterway without neutralizing disinfectant residual. B. See the appendix of AWWA C651 or C652 as applicable for acceptable neutralization methods. A. Collection of Samples: 1. Coordinate activities to allow Samples to be taken in accordance with this Specification. DISINFECTION OF WATER 33 13 00 UTILITY DISTRIBUTION 4 REVISION JULY 2008 2. Provide valves at sampling points. 3. Provide access to sampling points. 4. The Owner's laboratory will obtain the Samples. AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS B. Test Equipment: 1. The Owner's laboratory will provide the testing equipment. C. Chlorine Concentration Sampling and Analysis: 1. The Owner's laboratory will collect and analyze Samples in accordance with pertinent AWWA sections. 2. Sampling Frequency for Disinfecting Solution: 2 Samples per segment tested. 3. Residual Free Chlorine Samples: 2 Samples per segment tested. 4. Dechlorinated Disinfecting Wastewater Residual Samples: as necessary. 5. Sampling Locations: as determined by the Owner/Engineer. 6. Analysis to be performed by the Owner's laboratory. Samples will be analyzed for free chlorine as described in latest edition of Standard Methods for Examination of Water and Wastewater. D. After tanks, reservoirs, pumps, and pipelines have been cleaned, disinfected, and refilled with potable water, Owner will take water Samples and have them analyzed for conformance to bacterial limitations for public drinking water supplies. 1. Samples shall be collected in accordance with applicable AWWA Standard. 2. Samples shall be analyzed for coliform concentrations in accordance with latest edition of Standard Methods for the Examination of Water and Wastewater. 3. A minimum of two Samples on each of 2 consecutive days from each separable structure and every 1,000 feet of pipeline shall be obtained and analyzed by standard procedures outlined by state and local regulatory agencies. 4. Sampling points shall be representative and accepted by the Owner /Engineer. 5. Initial samples at each location to be scheduled on a Monday, Tuesday, or Wednesday unless a deviation is specifically approved by the Owner. 6. Contractor shall provide the Owner a minimum of 48 -hours notice prior to the initiation of the sampling process. 33 13 00 DISINFECTION OF WATER REVISION JULY 2008 5 UTILITY DISTRIBUTION AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS E. If minimum Samples required above are bacterially positive, disinfecting procedures and bacteriological testing shall be repeated until bacterial limits are met. END OF SECTION DISINFECTION OF WATER 33 13 00 UTILITY DISTRIBUTION 6 REVISION JULY 2008 0 R 0 1 A CITY OF AUGUSTA, GEORGIA OFFICE OF THE PROCUREMENT DIRECTOR 530 GREENE STREET SUITE 605 AUGUSTA, GEORGIA 30901 (706) 821 -2422 www.augusta_ga.gov DATE: April 27, 2012 BID NO. 12 -139 SUBJECT: Information Regarding the Consent Order and Judgment Approving Settlement and Modifying Injunction Thank you for doing business with Augusta, Georgia through Onvia DemandStar. This service provides Augusta's Procurement Office with a comprehensive, electronic, and easy -to -use procurement tool that efficiently connects your company to Augusta's projects. This process will continue accordingly. Please be advised that Augusta, Georgia is under a consent order and judgment approving settlement and modifying injunction. The below excerpt is from the Consent Order dated July 21, 2011 as stated by: The Honorable B. Avant Edenfield, Judge, United States District Judge, Southern District of Georgia Consent Order and Judgment Approving Settlement and Modifying Injunction It appearing to the Court that the parties Plaintiff Thompson Building Wrecking Company, Inc. and Defendant Augusta, Georgia have reached a settlement of the remaining issues pending in this Court, the same is hereby approved. Pursuant to such settlement, and for good cause shown, the preliminary injunction entered by this Court on March 14, 2007, made permanent by the Court on November 13, 2007, shall be and is hereby vacated, and replaced with the following injunction: Augusta, Georgia is hereby ENJOINED from evaluating or awarding bids or other contracts on the basis of the bidder's status as a Disadvantaged Business Enterprises ( "DBE ") or Minority Business Enterprises ( "MBE ") (or any other entity that qualifies as a DBE or MBE based on the racial composition of its ownership). This prohibition does not apply to DBE or MBE requirements imposed by state or federal laws, regulations, agencies, or grant agreements. This prohibition also does not bar Augusta from enacting a prospective, narrowly tailored DBE or MBE program or policy as permitted under rulings of the United States Supreme Court. Augusta shall be free to conduct such studies as may be necessary to support a future DBE or MBE program or policy that complies with the above exceptions. Before Augusta may enact such a program or policy it must notify electronically or by U.S. mail all businesses on the then - current vendor list and constructively notify the public via a reasonably visible hyperiink on its homepage entitled "Proposed Legislation Enacting Disadvantaged Business Enterprise or Minority Business Enterprise Program." On this vendor list, Augusta must maintain the contact information provided by any businesses or individuals who have expressed an interest in contracting with Augusta, by registering their business information with the Department of Procurement, for 36- months. The notice on Augusta's website must include the text of its intended legislation and the related Disparity Study. Before Augusta may enact such a program or policy it must also provide the public an opportunity to be heard at an open meeting of the Augusta - Richmond County Commission, to take place no sooner than thirty days after the vendor list notification has taken place. Augusta may rely upon the contact information that interested parties supplied the city when they registered with the Department of Procurement in providing electronic or mailed notice. Augusta shall, within 3 days of the date of this Order, post a copy of this Order, and the Court's March 14, 2007 Order, in portable document format ('PDF ") on Augusta's homepage via a reasonably visible hyperlink entitled "Court Order Enjoining Local DBE Program." This injunction is binding upon Augusta's officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with it who receive actual notice of this injunction by personal service or otherwise. See Fed. R. Civ. P. 65(d). This 21 day of July, 2011 You may review both orders at www.auqustaga.gov homepage or click on departments go to the Procurement Department; go to Quick Link; click on hyperlink entitled "Court Order Enjoining Local DBE Program"; click on either Court Order Enjoining Local DBE Program (7/21/2011) or Court Order Enjoining Local DBE Program (2007). Doing business with Augusta has become easier! The ARCBid Zink, which is located on the Procurement Department's website at www.auqustacia.gov, enables you to view current and past public bid information online. Should you have any questions concerning the bid documents, or need additional information, you may contact a member of the Bid and Contract Team directly @ 706 821 -2422. A request for bid documents must be faxed to 706 821 -2811 or emailed to procbidandcontract (a? auqustaga.gov. Your continued interest in doing business with us is appreciated. Sincerely yours, Geri A. Sams Procurement Director Scan this QR code with your smartphone or camera equipped tablet to visit the Augusta, Georgia Procurement Department website. Rev. 08 /02/2011 Invitation To Bid Sealed bids will be received at this office on Friday, May 25, 2012 @ 11:00 a.m. for furnishing: Bid Item 12 -139 Fort Gordon New Water & Sewage Connections for Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706 - 821 -2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street - Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at athe offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Thursday, May 3, 2012 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by fax to 706 821 -2811 or by email to procbidandcontract (&auqustaga.gov to the office of the Procurement Department by Monday, May 7, 2012 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director cc: Tameka Allen Tom Wiedmeier Jerry Delaughter Stanley Aye Revised: 8/15/2011 Deputy Administrator Utilities Department Utilities Department Utilities Department SEALED BIDS SELECTION METHOD A method for submitting a bid to perform work on a proposed contract. In general, each party interested submits a bid in a sealed envelope, and all such bids are opened at the same time and the most favorable responsible bid is accepted. All bid responses will be retained as property of Augusta, Georgia. Conditions for use. All contracts of Augusta, Georgia shall be awarded by competitive sealed bidding except as otherwise provided elsewhere in this article (see section 1- 10 -52- Sealed Proposals; 1- 10 -53- Professional Services; 1- 10- 54- Quotations; 1 -10 -56 -Sole Source Procurement; and 1- 10 -57- Emergency Procurements, of this chapter). Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Pre -bid conference and addendum. A conference to be conducted by the Procurement Director and using agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of bids. While the pre -bid conference is not a requirement, it is strongly recommended and widely used to further acquaint interested bidders with the bid requirements and items to be purchased and vendor input. Any substantive changes to specifications resulting from the pre -bid conference or other vendor /contractor sessions shall be documented in an addendum and communicated to all bidders registered for the procurement action. . Note: IN THE EVENT OF A MANDATORY PRE -BID CONFERENCE ALL INTERESTED VENDORS MUST ATTEND. Bid opening. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the public notice and invitation for bids. The amount of each bid, and such other relevant information as the Procurement Director deems appropriate, together with the name of each bidder shall be recorded; the record, and each bid, shall be open to public inspection in accordance with Section 1 -10 -5 (Public Access to Procurement Information). Bid acceptance and bid evaluation. Provided that the bids are delivered to the Procurement Director at the time, place, and under the conditions contained in the Invitation for Bids, the bids shall be conditionally accepted without alteration or correction pending evaluation. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include bidder responsibility and responsiveness, capability and past performance, and criteria to determine acceptability such as inspection, testing, quality workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objective and clearly measurable, including but not limited to discounts, transportation costs, and total or life cycle costs. Under no circumstance will any bid be accepted by fax or email. All bids must be labeled and received in the Procurement office by the due date and time. There will be no exceptions made for any late, lost by the post office or express carrier, or misdirected submittals. Vendors shall be removed from the vendor list for the reasons established by the Procurement Director, including, but not limited to: (1) Declining to offer bids for a two (2) year period. (2) Failing to satisfactorily meet terms, agreements, or contracts made with the procurement department or the using agency. (3) Being convicted of criminal offenses in obtaining contracts or convicted of embezzlement, violation of state or federal anti -trust statutes, or any other crime which indicates a lack of business integrity or honesty. (4) Violating contract provisions or failing to perform without good cause or any other cause which the Procurement Director deems to be so serious as to affect the responsiveness and responsibility of a contractor, including the disbarment or suspension from a vendor's list by another governmental entity. (5) Violating the standards as set forth in Article II hereof for conflicts of interest. Preference for Local Suppliers and Contractors (a) Augusta, Georgia encourages the use of local suppliers of goods, services and construction products whenever possible. Augusta, Georgia also vigorously supports the advantages of an open competitive market place. Nothing in this Section shall be interpreted to mean that the Augusta, Georgia Administrator or Procurement Director are restricted in any way from seeking formal bids or proposals from outside the Augusta market area. (b) When the quotation or informal bids selection method is used by the Procurement Director or using agency head to seek firms to quote on Augusta, Georgia commodities, services and construction products, local firms should be contacted, if possible, first. Where the Procurement Director or using agency head ascertains that there may not be at least three (3) qualified informal bidders, quotes may be sought from outside the Augusta, Georgia market. (c) In the event of a tie bid (see Section 1 -10 -50 (h)), when all other factors are equal, the Augusta, Georgia Administrator shall select the bid from within the local market area, except that the Administrator shall retain the flexibility to make the award of contract to a bidder outside of the local market area if there is sufficient evidence to support collusive bidding in favor of a local source. Local Vendor Preference: The Local Vendor Preference policy shall only be applied to projects of one - hundred thousand dollars ($100,000) or less and only when the lowest local qualified bidder is within 10% or $10,000, whichever is less of the lowest non -local bidders. The lowest local qualified bidder will be allowed to match the bid of the lowest non -local bidder and, if matched, the lowest local qualified bidder will be awarded the contract. For the purposes of this section, "local bidder" shall mean a business which: (1) Has had a fixed office or distribution point in and having a street address within the geographic limits of Richmond County, Georgia for at least six (6) months immediately prior to the issuance of the request for bids or quotes by Augusta; and (2) Holds any business license required by the AUGUSTA, GA. CODE; and (3) Employees at least one full -time employee, or two part-time employees whose primary residence is within the geographic limits of Richmond County, Georgia or if the business has no employees, the business shall be at least fifty percent (50 %) owned by one or more persons whose primary residence is within the geographic limits of Richmond County, Georgia. Vendors must complete the enclosed vendor's Registration form. Background Information on Vendors. The Department Head and /or the Administrator is directed to provide the bid amount as submitted, information concerning the vendor's previous performance, the service and quality of the products offered, the availability of the goods and services when needed, adherence to delivery schedules, and other criteria pertinent to that particular item, on vendors who have submitted bids, proposals, or contracts for the Commission's consideration. The information is to be included in the backup documents for the Commission's consideration in awarding the contract. Inspection of Purchases. The Procurement Director, or his or her designee, in conjunction with the using agency or department head shall inspect, or supervise the inspection of, all deliveries of materials, supplies or contractual services to determine their conformance with the specifications set forth in the pertinent purchase order or contract. The Procurement Director may require chemical and physical tests of samples submitted with bids and samples of deliveries, which examinations are necessary to determine quality of the samples and conformance with specifications Letting the contract. The contract shall be awarded or let in accordance with procedures set forth herein. Award shall occur with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In addition to price and other material factors, the Procurement Director, in consultation with the using agency, shall consider the following in the context of award recommendations: (1) The ability, capacity, and skill of the bidder to perform the contract or provide the services required, (2) The capability of the bidder to perform the contract or provide the service promptly or within the time specified, without delay or interference, The character, integrity, reputation, judgment, experience, and efficiency of the bidder, (3) (4) The quality of performance on previous contracts, (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services, (6) The sufficiency of the financial resources of the bidder relating to his ability to perform the contract, (7) The quality, availability, and adaptability of the supplies or services to the particular use required, and (8) The number and scope of conditions attached to the bid by the bidder. Award to other than low bidder. When the award is not given to the lowest most responsive and responsible bidder, a full and complete statement of the reasons for awarding the purchase order or other contract shall be prepared and signed by the Procurement Director and /or Administrator and made part of the record file. Minority/Women Business Enterprise (MWBE) Policy: Court Order Enjoining Race -Based Portion of DBE Program Augusta, Georgia does not have a race or gender conscious Disadvantaged Business Enterprises (DBE) program for projects having Augusta, Georgia as the source of funding. Augusta does enforce mandatory DBE requirements of federal and state agencies on contracts funded by such agencies and has a DBE Program to comply with U.S. Department of Transportation (DOT), Federal Transit Administration (FTA), Federal Aviation Administration (FAA) and other federal and state mandated DBE requirements for certain DOT, FTA, FAA, and other federal and state assisted contracts as required by 49 C.F.R. Part 26, et. seq. and /or 49 C.F.R. Part 23, et. seq. This DBE program is only for DOT, FTA and FAA assisted contracts and other federal or state funded contracts having mandatory DBE requirements. (See Article 13 of the Augusta, GA. Code.) Augusta, Georgia prohibits any language in any solicitation, bid or contract that is inconsistent with the July 21, 2011 Court Order in the case, Thompson Wrecking, Inc. v. Augusta Georgia, civil action No. 1:07-CV-019. Any such language appearing in any Augusta, Georgia solicitation, bid or contract is void and unenforceable. A copy of this Order can be reviewed at www.auqustaga.gov home page. Notice to Proceed: The successful bidder shall not commence work under this invitation to bid until duly notified by receipt of contract signed as executed by the Mayor /Commission or Administrator or their designee (Clerk or Commission or the Procurement Director). If the successful bidder does commence any work prior to receiving official notification, he does so at his own risk. Augusta, Georgia License Requirement: Contractor must be licensed in the State of Georgia or by the Governmental entity for where they do the majority of their business. If your Governmental entity (State or Local) does not require a business license, your company will be required to obtain an Richmond County business license if awarded a Bid /RFP /RFQ. For further information contact the License and Inspection Department @ 706 312 -5162. General Contractors License Number: If applicable, bidders responding to this Invitation to Bid must provide their General Contractors License number in accordance with O.C.G.A. §43 -41, or be subjected to penalties as may be required by law. Utility Contractor License Number: If applicable, bidders responding to this Invitation to Bid must provide their Utility License Number in accordance with O.C.G.A. §43 -14, or be subjected to penalties as may be required by law. Use of Augusta, Georgia Landfill. All contracts for contractors performing demolition and /or construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. Rev. 7/22/2011 G E" U R G I A NOTICE TO ALL BIDDERS (PLEASE READ CAREFULLY) ADHERE TO THE BELOW INSTRUCTIONS AND DO NOT SUBSTITUTE FORMS PLEASE READ CAREFULLY: Attachment B is a consolidated document consisting of: 1. Business License Number Requirement (must be provided) 2. Acknowledgement of Addenda (must be acknowledged, if any) 3. Statement of Non - Discrimination 4. Non - Collusion Affidavit of Prime Bidder /Offeror 5. Conflict of Interest 6. Contractor Affidavit and Agreement (E- Verify User ID Number must be provided) Attachment B Must be Notarized & all 3 Pages Must be returned with your submittal - No Exceptions. Business License Requirement: Contractor must be licensed in the Governmental entity for where they do the majority of their business. Your company's business license number must be provided on Page 1 of Attachment B. If your Governmental entity (State or Local) does not require a business license, your company will be required to obtain an Augusta Richmond County business license if awarded a Bid /RFP /RFQ. For further information contact the License and Inspection Department @ 706 312 -5162. Acknowledgement of Addenda: You Must acknowledge all Addenda. See Page 1 of Attachment B. E- Verify * User Identification Number (Company I.D.) The recommended awarded vendor will be required to provide a copy of Homeland Security's Memorandum Of Understanding (MOU) DO NOT RETURN AT THIS TIME: 1. Affidavit Verifying Status for City of Augusta Benefit Application (S.A.V.E. Program) 2. Georgia Security and Immigration Subcontractor Affidavit 3. Non - Collusion Affidavit of Sub - Contractor Note: The successful vendor will submit the above forms to the Procurement Department not later than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote the date forms are to be received). WARNING: Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Bids /RFPs /RFQs are publicly opened. It is your responsibility to ensure that your company has met the Specifications and Licenses' requirements prior to submitting a Bid /RFP /RFQ. Attachment B You Must Complete and Return all 3 pages of Attachment B with Your Submittal. Document Must Be Notarized. City of Augusta Procurement Department ATTN: Procurement Director 530 Greene Street, Suite 605 Augusta, Georgia 30901 Name of Bidder: C c�n 5 71:, Street Address: g •VR -7Pa City, State, Zip Code: , 30 °d9 Phone: 7. Fax: 7/' / (43 Email: . .-4k7 /r , 2s ve , 7, �s Do You Have A Business License? Yes: ✓ No: Business License # for your Company (Must Provide): pa Company must be licensed in the Governmental entity for where they do the majority of their business. If your Govemmental entity (State or Local) does not require a business license, your company will be required to obtain an Augusta Richmond County business license if awarded a Bid /RFP /RFQ. For further information contact the License and Inspection Department @ 706 312 -5162. List the State, City & County that issued Your license: Z,o/d Acknowledgement of Addenda: ( #1) : ( #2) : ( #3) : (#4) : ( #5) : ( #6) : ( #7) : ( #8) NOTE: CHECK APPROPRIATE BOX(ES)- ADD ADDITIONAL NUMBERS AS APPLICABLE Statement of Non - Discrimination The undersigned understands that it is the policy of Augusta, Georgia to promote full and equal business opportunity for all persons doing business with Augusta, Georgia. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by Augusta, Georgia. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor /supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses, in conformity with Augusta, Georgia's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding /contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of non - discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; That the promises of non - discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling Augusta, Georgia to declare the contract in default and to exercise any and all applicable rights remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract. Attachment B - Page 2 of 3 Non - Collusion of Prime Bidder /Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conflict of Interest By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this ITB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub - consultant(s) has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. You Must Complete and Return all 3 panes of Attachment B with Your Submittal. Document Must Be Notarized. Attachment B - Page 3 of 3 Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in 0.C.G.A 13- 10 -91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. Georgia Law requires your company to have an E- Verify*User Identification Number (Company I.D.) on or after July 1, 2009. For additional information or to enroll your company, visit the State of Georgia website: https: / /e- verify.uscis.gov /enroll/ and /or http: / /www.dol.state.ga.us /pdf /rules /300 10 1.pdf * * E- Verify * User Identification Number (Company LD.) 0 NOTE: E- VERIFY USER IDENDIFICATION NUMBER (COMPANY I.D.) MUST BE PROVIDED: IN ADDITION, THE RECOMMENDED AWARDED VENDOR WILL BE REQUIRED TO PROVIDE A COPY OF HOMELAND SECURITY'S MEMORANDUM OF UNDERSTANDING (MOU) The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta Richmond County Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. I further understand that my submittal will be deemed non - compliant if any part of this process is violated. REV. 7/22/2011 orized 0 icer or Agent Contractor Signature) Title of Authorized Officer or Agent of Contractor B /_/ ;— L, -z Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ZS DAY OF / 20/Z � G��7 L --/ ��� NOTA SEAL Notary Public My Commission Expires: ? — 7 /Z You Must Complete and Return all 3 paqes of Attachment B with Your Submittal. Uvuument Must Be Notarized. PATRICK SCOTT DILLARD NOTARY PUBLIC BURKE COUNTY ► STATE OF GEORGIA My Commission Expires August 7. 2012 G E' O R GI A Systematic Alien Verification for Entitlements (SAVE) Program Affidavit Verifying Status for City of Augusta Benefit Application By executing this affidavit under oath, as an applicant for a City of Augusta, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, Contract or other public benefit as reference in O.C.G.A. Section 50 -36 -1, I am stating the following with respect to my bid for a City of Augusta contract for [Bid/RFP /RFQ Project Number and Project Name] [Print/Type: Name of natural person app lying on behalf of individual, business, corporation, partnership, or other private entity] [Print/Type: Name of business, corporation, partnership, or other private entity] 1.) I am a citizen of the United States. OR 2.) I am a legal permanent resident 18 years of age or older. OR 3.) I am an otherwise qualified alien (8 § USC 1641) or nonimmigrant under the Federal Immigration and Nationality Act (8 USC 1101 et seq.) 18 years of age or older and lawfully present in the United States. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16 -10 -20 of the Official Code of Georgia. Notary Public Rev. 7/22/2011 Signature of Applicant Printed Name SUBSCRIBED AND SWORN BEFORE ME ON THIS THE * Alien Registration Number for Non - Citizens DAY OF , 20 My Commission Expires: NOTARY SEAL Note: The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received). STATE OF GEORGIA - COUNTY OF RICHMOND By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13- 10 -91. E- Verify * User Identification Number Company Name BY: Authorized Officer or Agent (Contractor Signature) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent For additional information: State of Georgia http: / /www.dol.state.ga.us /pdf/rules /300 10 1.pdf SUBSCRIBED AND SWORN BEFORE ME ON THIS THE https: / /e- verify.uscis.gov /enroll/ Notary Public My Commission Expires: Rev. 7/22/2011 DAY OF , 20 SUBCONTRACTOR AFFIDAVIT BID /RFP /RFQ# Georgia Law requires your company to have an E- Verify*User identification Number on or after July 1, 2009. NOTARY SEAL Note: The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received). Title Sworn to and subscribed before me this Notary Signature Rev. 7/22/2011 In accordance with the Laws of Georgia, the following affidavit is required by all vendors NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. Affiant further states that pursuant to O.C.G.A. Section 36 -91 -21 (d) and (e), has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. Affiant further states that the said offer of is bona fide, and that no one has gone to any supplier and attempted to get such person or company to furnish the materials to the bidder only, or if furnished to any other bidder, that the material shall be at a higher price. Signature of Authorized Company Representative day of , 20 . Notary Public: (Print Name) County: Commission Expires: NOTARY SEAL Note: The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received).