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Home My WebLink AboutCONTRACT WITH BEAM'S ABANDONED SEWER ON DOUG BARNARD PKWYCONTRACT DOCUMENTS AND SPECIFICATIONS FOR CLOSURE OF ABANDONED SEWER IN DOUG BARNARD PRKWY AUD PROJECT Augusta, Georgia \ -,- , F.hz OLD GOVERNMENT HOUSE e. 1800 7 ',� 17 3 6 , -� / % 7 GEORGIA �,, Prepared for Augusta - Richmond County Commission Tom Wiedmeier, Director Augusta Utilities Department Augusta Utilities Department 360 Bay Street Suite 180 Augusta, Georgia July 2012 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CLOSURE OF ABANDONED SEWER IN DOUG BARNARD PRKWY Augusta, Georgia Augusta - Richmond County Commission The Honorable Deke S. Copenhaver Mayor Joe Bowles, Mayor Pre -Tem COMMISSION J. R. Hatney Alvin Mason Corey Johnson Joe Jackson Grady Smith Jerry Brigham Matt Aitken Wayne Guilfoyle Tom Wiedmeier Director Augusta Utilities Department 360 Bay Street Suite 180 Augusta, Georgia July 2012 TABLE OF CONTENTS SECTION TITLE # OF PAGES I Invitation for Bids 2 IB Instructions to Bidders 2 P Proposal 2 BB Bid Bond 2 A Agreement 3 NA Notice of Award 1 NP Notice to Proceed 1 PB Performance and Payment Bonds 5 CO Change order 1 GC General Conditions 52 SGC Supplemental General Conditions 1 SC -0 Index to Special Conditions 1 SC Special Conditions 5 TS-0 Index to Technical Specifications 1 TS Technical Specifications 20 IB -01 GENERAL SECTION IB INSTRUCTION TO BIDDERS 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 Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder.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 Purchasing; Purchasing Department; Room 605; 530 Greene Street; Augusta, GA 30911 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 Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. I B -1 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. Gentlemen: DATE: 8'f 3Jj 2 SECTION P PROPOSAL In compliance with you invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and materials, and perform all work for the project referred to herein as: CLOSURE OF ABANDONED SEWER IN DOUG BARNARD PRKWY In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto and totaling: eve 1-64 °V t> 1 4M's(- 1 ° 1�aoscr•-. 1 c=. 1- w 6, — V e b e and NO /100 dollars ( 56.1 ), 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 within Ten (10) calendar days after the date of written notice to proceed, and that he will complete the work within NINETY (90) calendar days after the date of such notice. The undersigned acknowledges receipt of the following addenda: Addendum No. Addendum Date I 7 f 2 3 1/2 2 7/Z3/12 Enclosed is a bid parantee 56, consi� g of /4 °� ore d,Ni�t»rt7L &d in the amount of �, 902. 1111 -00 PROPOSALDOCX Respectfully Submitted, 'll Firm / / l L Address BY: VNJ • 111 LE: PPS''/LOW-0 PAGE10FI t r 1 i 1 1 1 1 1 1 1 1 1 LS -1 BID SCHEDULE TO ACCOMPANY THE PROPOSAL OF BIDDER: ' P€Vh on Adlh . c. ADDRESS: f , Z30 Alte[x i -Tape/ sc Wit2 AUGUSTA UTILITIES DEPARTMENT • PROJECT I CLOSURE OF ABANDONED SEWER IN DOUG EARN'ARD.PRKWY, LUMP SUM Lump sum construction (includes but is not limited to the listin• continued below LS P.03 /03 SGR 025, Please indicate below: LUMP SUM includes application ofi.000cy of flowable fill at $ Z S. °-° !cy 11,-,000 Bidder must provide details of its meansimethods to similar detail as is included in the Action Plan attached to the Documents. I. Disposal of water in the abandoned sewer into the new 84" fiberglass.interceptor sewer. 2. Procurement and delivery of up to 3,000 cy of sand to the insertion location (within 1,000 ft of Merry Brick plant road and Doug Barnard Parkway. 3. Placement of said sand in the abandoned sewer to the maximum practical level, 4. Sand shall be water jetted to achieve highest consolidation 5. Movement of the sans as a slurry 6. Water is to be used as method to transport the sand. 7. Water is to be transported from the closed borrow pit nearest the Merry Brick plant road and Doug Barnard Parkway. 8. Measurement of quantity and rate of water used. 8, Transport water is to be pumped to the new 84" fiberglass interceptor, sewer. 10. Providing all equipment necessary to complete the project 11. Providing all manpower required to complete the project 12. Providing all miscellaneous items required to complete the project 13. Implementation of the traffic control plan. 14. Protection of the public. 15. Protection of private property. 16. Filling remaining voids in the pipeline with flowable fill under pressure. 17. Procurement and delivery of up to 1,000 cy of flowable fill to the insertion locations Drilling access ports through the road surface into the abandoned pipeline to inject the flowable fill. 18. Drilling telltale ports through the road surface into the abandoned pipeline to confirm flowable fill has been pressurized to fill voids atop of the abandoned pipeline. TOTAL P.03 Esxabtiched 1978 2335 Atomic Road Beech Island, South Carolina 29842 Telephone (803) 827 -0136 Fax (803) 827 -1868 PROPOSED ACTION PLAN Closure of Abandoned Sewer in Doug Barnard Pkwy Provided below are the details of the means & methods to which Beam's Contracting, Inc. will plan and sequence operations for the Closure of Abandoned Sewer in Doug Barnard Pkwy as stated by questions 1 -18 on the Bid Schedule. They are as follows. 1. Disposal of water in the abandoned sewer by pumping into the 84" fiberglass Interceptor sewer. 2. Providing all equipment necessary to complete the project. 3. Providing all manpower required to complete the project. 4. Providing all miscellaneous items required to complete the project. 5. Implementation of the traffic control plan. 6. Protection of the public. 7. Protection of private properties. 8. Filling all voids in the pipe line with flowable fill under head pressure. 9. Procurement and delivery of up to 4,000 CY of flowable fill to the insertion locations drilling access ports through the road surface into the abandoned pipe line to inject the flowable fill. 10. Drilling telltale ports through the road surface into the abandoned pipe line to confirm flowable fill has been pressurized to fill voids atop of the abandoned pipe line and manholes. KNOW ALL MEN BY THESE PRESENTS, that we, the Beam's Contracting, Inc. as Principal, Hudson Insurance Company and as Surety, are hereby held and firmly bound unto the Augusta - .Richmond County Commission of Augusta, Georgia as Owner in the penal sum of 10% of the amount bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. (a } (b) Signed this 27th day of July The condition of the above obligation is such that whereas the Principal has submitted to the Augusta - Richmond County Commission of Augusta, Georgia, a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the CLOSURE OF ABANDONED SEWER IN DOUG BARNARD PRKWY, for Augusta, Georgia in accordance with plans and specifications of the AUGUSTA UTILITIES DEPARTMENT. NOW, THEREFORE, If said Bid shall be rejected, or in the alternate, If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. ,2012 SECTION BB BID BOND The Surety, for value receive, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Witne Signed and sealed this 27th d o f July Witness Attest ,/ . LQ. .f� Ai) G'Y)-) 6 Attes 1, ) BB -2 By A. D. 20 1 2. Beam's Contracting, Inc. (S (Principal) Hudson Insurance Company p eal) (Surety) By Marilyn M Horn (Title) Attorney -in -Fact (Corporate s ((�� Attest.' Peter H. Lovell, Corporate S cretary t er OA* l;. SEAL 1918 S te)' ( PRY NEty`o p(/B 7 N. ' y Uf • y 'jam s * ' 01MC6212495 * E • _ • � • EXPIRES� STATE OF: COUNTY OF NEW YORK SS. The undersigned Peter H. Lovell hereby certifies: THAT the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27"', 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the. Vice Presidents shall have the authority and . discretion, to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this. Company's surety business, and to empower such agent or agents, or attorney or attorneys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made; and FURTHER RESOVLED, that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATION 1 1 1 1 t 1 Form BA ti li b S o N 1,1 Ur BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 17 State Street, New York, New York, 10004, has made, constituted and appointed, and by these presents, does make, constitute and appoint John R. Walker, Christopher G. Daves, Ellen W. Bennett and Marilyn M. Horton its true and lawful Attorney(s) -in -Fact, at New York City in the State of New York, each of them alone to have full power to act without the . other or others, to make, execute and deliver on its behalf, as Surety, bid bonds for any and all purposes. Such bid bonds, when duly executed by said Attorney(s) -in -Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly authorized, on this 1st day of June, 2010 at New York, New Yorkk, HUDSON INSVRAN E COMPANY By� - . - - Michael P. Gleeson, Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK SS. On the 1st day of June, 2010 before me personally came Michael P. Gleeson to me known, who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY, the Company described herein and which executed the above instrument, that he knows the seal of said Company, th eal affixed to said instrument is the corporate seal of said Company, that it was so affixed by order of the Board of Directors of said Company, and that he Okereto by like order. e- .--- .- ALICIA T. McKINNE Notary Public, State of New York No. 01MC6212495 Qualified in New York County Commission Expires October 13, 2013 THAT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and - furthermore that the Resolution o vat e Board of Dire sac forth i th said I Power of Attorney is now in force. Witness the hand of the undersigned and the seal of said Company this day of (Corporate seal) By ' Peter H. Lovell, Corporate Secretary 20,/ THIS AGREEMENT, • made on the, day of /? 4 It , 20f, -try and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGTA- RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and Beam's Contracting, Inc., party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: CLOSURE OF ABANDONED SEWER IN DOUG BARNARD PRKVVY ARTICLE II - TIME OF COMPLETION /LIQUIDATED DAMAGES Section A Agreement and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the OWNER to the CONTRACTOR to proceed. All work shall be completed within 90 calendar days with all such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. CONTRACTOR agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the CONTRACTOR and the OWNER, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the CONTRACTOR does hereby agree, as a part of the consideration for the awarding of this contract, to pay the OWNER the sum of one thousand dollars and no /100s ($1,000.00) 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 portion of 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 A -1 contract. ARTICLE III - PAYMENT (A) The Contract Sum The OWNER shall pay to the CONTRACTOR for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the OWNER's Engineer (hereinafter called, the PROFESSIONAL) an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and /or the Professional. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the OWNER shall after deducting previous payments made, pay to the CONTRACTOR 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the OWNER until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Professional shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the CONTRACTOR, including the retained percentage, shall be paid to the CONTRACTOR by the OWNER within 15 days after the date of said final certificate. (B) Before final payment is due, the CONTRACTOR shall submit evidence satisfactory to the Professional that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the OWNER, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the CONTRACTOR except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the CONTRACTOR, and the Professional, so certifies, the OWNER shall upon certification of the Engineer, and without terminating the Contract, make payment of the A -2 August 21, 2012 Mr. Torn Wiedmeier Utilities Director 360 Bay Street Augusta, GA 30901 Dear Tom: The Augusta - Richmond County Commission, at their regular meeting held on Tuesday, August 21, 2012 took action on the following items. 15. Approved 2012 Utilities Refunding Bond Reimbursement Resolution and Update. (Approved by Engineering Services Committee August 13, 2012) 16. Approved award to Beam's Contracting in the amount of $569,025.00 for Emergency Bid Item #12 -183, Closure of Collapsing Abandoned Sewer on Doug Barnard Parkway. (Approved by Engineering Services Committee August 13, 2012) 17. Approved contract award to Khafra Engineering Consultants, Inc. in the amount of $80,403.00 for the fees associated with performing the required NPDES Storm Water Monitoring on various Augusta Utilities Projects. (Approved by Engineering Services Committee August 13, 2012) 31. Approved a request to Augusta Technical College and Georgia State Properties Commission for a Utility Easement and Temporary Construction Easement. If you have any questions, please contact me. Your truly, a Allen Deputy Administrator 08- 21 -12: #15, #16, #17, #31 cc: Ms. Donna Williams Ms. Geri Sams Office of the Administrator Frederick L Russell, Administrator Tameka Allen, Deputy Administrator William Shanahan, Deputy Administrator Room 801 - Municipal Building 530 Greene Street- AUGUSTA, GA. 30901 (706) 821 -2400 - FAX (706) 821 -2819 www.augustaga.gov 1 1 1 1 1 1 1 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. 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. n4,44Aegoothu.sCsr' Secretary (ill laYA Witness A -3 OWNER: AUGUSTA, GEORGIA By: 1 V\ As its Mayor OP CONTRACTOR: By: As its at-s 1 r fri" ' Address: 15030 Atomic Road Beech Island, SC 29842 NOTICE OF AWARD CONTRACTOR: Beam's Contracting, Inc. ADDRESS: 15030 Atomic Road Beech Island SC City State PROJECT: CLOSURE OF ABANDONED SEWER PROJECT NO: 1111 -00 At a meeting of the you were awarded the Contract for the following Project: ROCK CREEK RELIEF SEWER, AUD PROJECT NO. Enclosed please find 6 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 within 10 days from the date of this letter, excluding Legal Holidays. The Certificate of Insurance must be complete. Power of Attorney 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 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 day of DATE: 29842 Zip Code held on (Date) By Title A UGUST NOTICE TO PROCEED FOR � TO: Beam's Contracting, Inc. DATE: 1 15030 Atomic Road Beech Island, SC 29842 1 CLOSURE OF ABANDONED SEWER IN DOUG PROJECT: BARNARD PRKWY PROJECT NO: 1111 -00 You are hereby notified to commence WORK in accordance with the Agreement dated on or before , and you are to complete the WORK within 90 consecutive calendar days thereafter. The date of completion of all WORK is therefore Very truly yours, Augusta Utilities Management Team 1 Project Engineer Receipt of this NOTICE TO PROCEED is hereby acknowledged This, the day of Contractor: Beam's Contracting, Inc. By: Title: Please sign and return one copy of this Notice to Proceed Acknowledgement to: 1 Augusta Utilities Department Attn: Project Managers ' 360 Bay Street, Suite 180 Augusta, GA 30901 1 1111 -00 NP.DOCX 1 (NOTE : That Beam's Contracting, Inc. as Principal, hereinafter called Contractor, and eL s ��r t e_o. a corporation organized and existing under the laws of the State of (1) ( KNOW ALL MEN BY THESE PRESENTS: PB -i SEC I ION P13 PERFORMANCE BOND %d,4&4/7c qcS3) - THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB -3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) beli4 ,with its principal office in the City of Net) VOA k. ,State of Al V , as Surety, hereinafter called Surety, are held and firmly bound unto AUGUST A, GEORGIA BY AND THROUGH THE AUGUSTA COMMISSION as Obligee, hereinafter called the Owner, in the penal amount of Five Hundred Sixty Nine Thousand Twenty Five and 00/100 Dollars ($569,025.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated s (01 .16 entered into a contract with Owner for the CLOSURE OF ABANDONED SEWER IN DOUG BARNARD PRKWY in accordance with the drawings and specifications issued by the Augusta Utilities Department and the Augusta- Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT . NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly Complete the CONTRACT in accordance with its terms and conditions, or Obtain a bid or bids for completing the Contract in accordance with its tatins 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 a succession of 1 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. Witness Attest defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor Signed and sealed this Witness Attest (Act C gum PB -2 day of 4// Ods [ A. D. 20a, eA I 'nc* (Contractor) (Title) f i h �64 4 -Ake q (Surety) BY7 7 '�� (Seal) (Title) /1/60oey NOTE: (1) (2) SECTION PB LABOR AND MATERIAL PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB -I, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) KNOW ALL MEN BY THESE PRESENTS: That /5 f �y►9 S' 0_0/Of/MC/NJ L/U C, as Principal, Herein after called Contractor, and f , cl /'GVU / NS ilRlV C e a a corporation organized and existing under the laws of the State of Lie t4 f JIM E with its principal office in the City of Nets 1'6A? IC , State of iv y Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA- RICHMOND COUNTY COMMISSION, as Obligee, herein after called the Owner, for the use and benefit of claimants as herein below defined in the amount of Five Hundred Sixty Nine Thousand Twenty Five and 00/100 Dollars ($569,025.00) 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 44,40) tl . entered into a contract with Owner for the CLOSURE OF ABANDONNED SEWER'IN DOUG BARNARD PRKWY in accordance with drawings and specifications issued by the Augusta Utilities Department and,Augusta- Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT . NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: as A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT . The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (4) (a) (b) (C) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer . After the expiration of one (I) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 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. 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. Witness Attest Attest Signed and sealed this Witness1 L'Y\ • c&.-& day of Ai /5Q 't A. D. 241. - Pk C._ (Seal) (Contractor By ++■�:.I (Seal) ( itle)(J� I4 UCI SM -46 094ce seal) (Surety) (Title) 1 fAJ T4-6 (Seal) KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 17 State Street, New York, New York, 10004, has made, constituted and appointed, and by these presents, does make, constitute and appoint John R. Walker, Christopher G. Daves, Ellen W. Bennett and Marilyn M. Horton its true and lawful Attorney(s) -in -Fact, at New York City in the State of New York, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars ($10,000,000). Such bonds and undertakings when duly executed by said Attorney(s) -in -Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly authorized, on this 1st day of June, 2010 at Stamford, Connecticut. (Corporate seal) Attest IV - 441 Peter H. Lovell, Corporal Secretary STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 1st day of June, 2010 before me personally came Michael P. Gleeson to me known, who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY, the Company described herein and which executed the above instrument, that he knows the seal of said Company, that the seal affixed to said instrument is the corporate seal of said Company, that it was so affixed by order of the Board of Directors of said Company, and that he signed his name thereto by like order. (N IIII //� opT MCKjt,,!/ rr 01 MC6212495 • ALICIA T. McKINNEY Notary Public, State of New York No. 01MC6212495 * = Qualified in New York County Commission Expires October 13, 2013 % 4LIFIED . 10;3 SS. Form A (Corporate seal) HUDSON 9339 INSURANCE GROUP f POWER OF ATTORNEY By..... Michael P. CERTIFICATION HUDSON INSURANCE COMPANY eson, Senior Vice President The undersigned Peter H. Lovell hereby certifies: THAT the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27", 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents, or attorney or attorneys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made; and FURTHER RESOVLED, that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. Witness the hand of the undersigned and the seal of said Company this =2/ day of Acij lS f , 20 his. . By Peter H. Lovell, Corporate Secretary • 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. • 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. • Prohibition against contingent fees The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONTRACTOR for the purpose of securing business and that the CONTRACTOR has not received any non- OWNER fee related to this Agreement without the prior written consent of the OWNER. For breach or violation of this warranty, the OWNER shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. • Right to inspect premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of CONTRACTOR or any subcontractor of CONTRACTOR or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia • 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 • E- Verify 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. • Local Small Business Language: 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 minority and 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. • Acknowledgement "Consultant 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, Consultant is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Consultant'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 Consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Consultant agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Consultant 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 Consultant Consultant 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. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: OWNER: CONTRACTOR: AUGUSTA, GEORGIA BY: BY:_ ,J _-- nn PRINTED NAME: - G0 i W t - TED NAME: Al AS ITS: MAYOR AS ITS: Pl-�SI ATTEST CLERK: n t ,t fit' C_ 4 C ... PRINTED NAME: PRINTED NAME C6`1 t ic- AS ITS: Clerk of Commission AS ITS: ��' l �^_ r ! -1 �? . y _ L7 Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 ATTEST: DATE: DATE: `7 " / "` ,- b IL- By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13- 10-91, stating affirmatively that the individual, firm or corporation which is contracting with Columbia County, Georgia has registered with, is authorized to use and is participating in a federal work authorization program* [any of the electronic verification 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 informaiton 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. The user identification number and the date of authorization for the affiant are set forth below. The undersigned contractor is using and will continue to use the federal work authorization program throughout the contract period. 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 Columbia County, Georgia, that undersigned shall require as a condition of such employment or contract that contractor or subcontractor registers and participates in a federal work authorization program to verify information of all newly hired employees. In addition, contractor will secure from such contractor(s) or subcontractor(s) similar 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. Contractor further agrees to maintain records of such compliance and provide a notice of identity of such contractor or subcontractor together with a copy of each such verification to Columbia County, Georgia within five (5) business days after the time the contractor(s) or subcontractor(s) is retained to perform such service. E- Verify* User identification Number } - a 1 ) . C tt;lis (11 ti), TrK. Company Name 6.1 By: Authorize. • fficer or Agent Date Title of Authori ed Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED SWORN BEFORE ME THIS S DAY OF? /,) Notary Public:) Let la.t&. , My Commission expires: Si ► 6 CONTRACTOR AFFIDAVIT AND AGREEMENT Date of Authorization for Contractor Glenda S B NOTARY PUBLIC State of South Carolina My Commission Expir SEAL) Au gust 21, 2019 *As of the effective date of O.C.G.A. 13- 10 -91, the applicable federal work authorization program is "E -Veri" operated by the U.S. Citizenship and Information Services Bureau of the U.S. department of Homeland Security, in conjunction with the Social Security Administration (SSA). SUBCON'T'RACTOR AFFIDAVIT 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 as a subcontractor for , the contractor which has a contract with Columbia County, Georgia, has registered with, is authorized to use and is participating in a federal work authorization program* [any of the electronic verification 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 informaiton 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. The user identification number and the date of authorization for this subcontractor to use the federal work authorization program are set forth below. The undersigned subcontractor is using and will continue to use the federal work authorization program throughout the contract period. Company Name By: Authorized Officer or Agent of Subcontractor E- Verify* User identification Number Date of Authorization for Subcontractor Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent of Subcontractor SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF Date of signing this Affidavit Notary Public: My Commission expires: (NOTARY SEAL) *As of the effective date of O.C.G.A. 13- 10 -91, the applicable federal work authorization program is "E- Verify" operated by the U.S. Citizenship and Information Services Bureau of the U.S. department of Homeland Security, in conjunction with the Social Security Administration (SSA). CONSTRUCTION CONTRACT CHANGE ORDER PROJECT TITLE ORIGINAL CONTRACT DATE OWNER AUGUSTA, GEORGIA CLOSURE OF ABANDONED SEWER IN DOUG BARNARD PRKWY The following change is hereby made to the contract for the above project: Description of Change (for a more detailed description see attached proposal): PAYEE 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: SUBMITTED BY: FINANCE ENDORSEMENT: RECOMMENDED BY: APPROVED BY: CONTRACTOR ENGINEER DEPARTMENT HEAD COMPTROLLER ADMINISTRATOR MAYOR CO NUMBER BID I1'EM DATE PROJECT NUMBER PO NUMBER 1111 -00 DATE: DA'Z'E: DATE: DA1'E: DATE: DATE: 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 - Richmond County Commission, and its authorized designees, agents, or employees. Day- Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective -An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or GC -1 Page 1 of 52 General Requirements- Sections of Division I of the Specifications. Laws or Regulations -Laws, rules, regulations, ordinances, codes and /or orders. Revision Date August 2001 deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings -The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement -The date indicated in the Agreement on which it becomes effective, but 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- Richmond County Commission. Partial Utilization- Placing a portion of the Work in service for the purpose for which it is intended or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL -The Architectural /Engineering firm or individual or in -house licensed person designated to perform the design and /or resident engineer services for the Work. PROGRAM MANAGER — The professional firm or individual designated as the representative or the OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project -The total construction of which the Work to be provided under the Contract 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 GC -2 Page 2 of 52 by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications -Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor -An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion -The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions -The part of the Contract Documents which amends or supplements these General Conditions. Supplier -A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Price Work -Work to be paid for on the basis of unit prices. GC -3 Revision Date August 2001 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. Page 3 of 52 ARTICLE 2- PRELIMINARY MATTERS Commencement of Contract Time, Notice to Proceed: GC -4 Revision Date August 2001 Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance . with these Contract Documents. Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and /or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. 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. Page 4 of 52 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which OWNER may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre - construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER , PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: GC -5 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. Page 5 of 52 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 Page 6 of 52 3.6.3. a Work Change Directive (pursuant to paragraph 10.4). 3.7.1. a Field Order (pursuant to paragraph 9.5). Revision Date August 2001 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. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. GC -7 Page 7 of 52 Availability of Lands: ARTICLE 4- AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Revision Date August 2001 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights -of -way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. If conditions are encountered, excluding existing utilities, at the site which 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 GC -8 Page 8 of 52 performed after direction is provided by the PROFESSIONAL. Physical Conditions- Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not 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: Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: GC -9 Revision Date August 2001 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. Page 9 of 52 GC -10 Revision Date August 2001 4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to 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. Page 10 of 52 Performance and Other Bonds: ARTICLE 5 -BONDS AND 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. Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive 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; GC -11 Page 11 of 52 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. OWNER's Liability insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and /or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: GC -12 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 Page 12 of 52 Revision Date August 2001 Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar 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. GC -13 Page 13 of 52 Receipt and Application of Proceeds: Revision Date August 2001 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization- Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions 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 GC -14 Page 14 of 52 expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them 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. GC -15 Revision Date August 2001 Page 15 of 52 ARTICLE 6-- CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. GC -16 Revision Date August 2001 Page 16 of 52 GC -17 Revision Date August 2001 Substitutes or "Or- Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. 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. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. Page 17 of 52 Patent Fees and Royalties: Permits: GC -18 Revision Date August 2001 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and 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. 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. 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 Page 18 of 52 process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: Use of Premises: GC -19 Revision Date August 2001 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. 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. Page 19 of 52 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 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: thereby; Revision Date August 2001 6.20.1. all employees on the Work and other persons and organizations who may be affected 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: GC -20 Page 20 of 52 Shop Drawings and Samples: GC -21 Revision Date August 2001 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work 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. 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. Page 21 of 52 Continuing the Work: Revision Date August 2001 6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and 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. 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily GC -22 Page 22 of 52 GC -23 Revision Date August 2001 injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER, 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. Page 23 of 52 Related Work at Site: 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. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. GC -24 Page 24 of 52 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. GC -25 Page 25 of 52 OWNER's Representative: ARTICLE 9. -- PROFESSIONAL'S STATUS DURING CONSTRUCTION 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: Revision Date August 2001 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and 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 Page 26 of 52 Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 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: Decisions on Disputes: GC -27 Revision Date August 2001 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. 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 Page 27 of 52 Revision Date August 2001 precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. GC -28 Page 28 of 52 r 1 1 ARTICLE 10 -- CHANGES IN THE WORK GC -29 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. Page 29 of 52 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 claimants 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 GC -30 Page 30 of 52 Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of the Work: 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. GC -31 Page 31 of 52 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. GC -32 Revision Date August 2001 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 Page 32 of 52 office at the site. Revision Date August 2001 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.3, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER 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 CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and 11.6.2.5. when both additions and credits are involved in 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 GC -33 Page 33 of 52 Cash Allowances: Revision Date August 2001 decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man -hours required by discipline /trade with the unit cost per man -hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. GC -34 Page 34 of 52 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. GC -35 Page 35 of 52 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLE 13-- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. Access to Work: Tests and Inspections: GC -36 Revision Date August 2001 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. 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. Page 36 of 52 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: Correction or Removal of Defective Work: GC -37 Revision Date August 2001 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. 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. Page 37 of 52 One Year Correction Period: 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non - defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: GC -38 Revision Date August 2001 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 Page 38 of 52 Neglected Work by CONTRACTOR GC -39 Revision Date august 2001 and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. 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. Page 39 of 52 Schedule of Values: Application for Progress Payment: ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION Revision Date August 2001 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. 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: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on -site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF - ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price GC -40 Page 40 of 52 Revision Date August 2001 Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended 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 GC -41 Page 41 of 52 Partial Utilization: Revision Date August 2001 provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.10. Use by OWNER at OWN ER'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 GC -42 Page 42 of 52 Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked -up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible 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 Page 43 of 52 Final Payment and Acceptance: Revision Date August 2001 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. 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in 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 GC -44 Page 44 of 52 Waiver of Claims: acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). 14.16. The making and acceptance of final payment will constitute: GC-45 Revision Date August 2001 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. Page 45 of 52 OWNER May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION 15.2. Upon the occurrence of any one or more of the following events: Revision Date August 2001 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 GC -46 Page 46 of 52 Termination for Convenience Revision Date August 2001 CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than GC -47 Page 47 of 52 Revision Date August 2001 ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty -one days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty -one calendar days after it is submitted to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. GC -48 Page 48 of 52 ARTICLE 16-- DISPUTE RESOLUTION GC -49 Revision Date August 2001 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. Page 49 of 52 Giving Notice: 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. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. GC -50 Page 50 of 52 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13 -11 -1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. Substitutions: Revision Date August 2001 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. Sanitary Sewer Overflow Prevention: 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction: 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24 -hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. actions: 17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following 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 GC -51 Page 51 of 52 appropriate. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is Augusta Utilities Department. GC -52 Revision Date August 2001 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. 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 Page 52 of 52 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 1 1 1 SECTION SC -01 SC 02 SC -03 SC -04 SC -05 SC -06 SC -07 SC -08 SC -09 SC -10 SC -11 SC -12 SC -13 SC -14 SC -15 SC -16 SC -17 SC -18' SC -20 SC -21 SC -22 SC -23 Special Condition #1 - Contract Documents and Drawings Special Condition #2 Contractor's Field Office Special Condition #3 - Temporary Sanitary Facilities Special Condition #4 - Boundaries of Work Special Condition #5 - Existing Structures and Utilities Special Condition #6 - Traffic Safety Special Condition #7 - Utilities Special Condition #8 - Estimate of Quantities Special Condition #9 - Surveys Special Condition #10 - Dimensions Special Condition #11 - Erosion and Sediment Control Special Condition #12 - Safety and Health Regulations Special Condition #613 - Site Contamination and Chemicals Special Condition #14 - Storage of Materials Special Condition #15 - Manufacturer's Directions Special Condition #16 - Cleaning Up Special Condition #17 - Prior Use By Owner Special Condition #18 - Restoration of Property Special Condition #20 Special Condition #21 Special Condition #22 Special Condition #23 - Maintenance of Access - Contractor Field Mark -Up - General Requirements - Dedicated Flagman SECTION SC -0 INDEX TO SPECIAL CONDITIONS SC - 1 CONTRACT DOCUMENTS AND DRAWINGS: SECTION SC SPECIAL CONDITIONS The Contract Documents which form a part of this contract include Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Notice of Award, Agreement, Payment Bond, Performance Bond, Notice to Proceed, Change Order, General Conditions, Supplementary Conditions, Technical Specifications, Drawings and Addenda. Specifications: The specifications consist of a written description of a general and technical nature of materials, equipment, construction systems, standards and workmanship, and include General Conditions, Supplemental General Conditions, Supplementary Conditions and Technical Specifications indexed at the front of this bound volume of Contract Documents. SC - 2 CONTRACTOR'S FIELD OFFICE: The Contractor shall maintain a field efficc on the cite of the work which SC - 3 TEMPORARY SANITARY FACILITIES: Upon commencing work, the Contractor shall provide temporary screened and shielded sanitary privies in a manner meeting the approval of the Engineer. Facilities shall be maintained in a sanitary condition by the Contractor and in compliance with the requirements of authorities having jurisdiction. All temporary facilities shall be removed by the Contractor and the area returned to its original condition prior to acceptance of the completed project. SC - 4 BOUNDARIES OF WORK: The Contractor shall not enter on or occupy with men, tools, equipment, or materials, any ground outside the limits of Owner's property or construction easements without written consent of the Owner of such property. SC - 5 EXISTING STRUCTURES AND UTILITIES: It is mandatory that the Contractor locate all previously placed underground installations and construction prior to his engaging in any work in areas where such improvements may exist. The Contract drawings indicate general locations of such existing improvements solely for the purpose of initial and general representation thereof. The Owner and Engineer have not verified locations of these improvements as a basis for locations displayed on the drawings. All utilities and improvements must be located and flagged by the Contractor prior to commencing work. Flags must be maintained and based upon actual field determinations. The Owner's project inspector must be notified before any work begins in vicinity of existing underground improvements. The Contractor shall be held responsible for any damage and for maintenance and protection of existing construction and utilities. All damaged construction, utilities or improvements shall be restored to the original or better condition in which they were discovered. 1111 -00 SC.docx SC -1 ZELim ENGINEERS SC - 6 TRAFFIC SAFETY: The Contractor will be held responsible for any damages caused by negligence on his part, or by the improper placing of or failure to display danger signs and road lanterns; all traffic lanes will be kept open and clear at all times and no excavated material or equipment will be placed on pavement during construction. SC - 7 UTILITIES: The Contractor shall provide for temporary utilities for construction operations. Potable water is available through a rental meter from hydrants. The Contractor shall make provisions for telephone service with the phone company. Electric power for construction operations shall be provided by the Contractor by arrangement with the appropriate power company. The Contractor shall make suitable arrangements to provide fuel for temporary heating and /or other construction operations as necessary. SC - 8 ESTIMATE OF QUANTITIES: Estimated quantities of work to be done and materials to be furnished under this Contract if shown in any of the documents including the BID, are given only to indicate approximately the scope of the Contract; variation of the quantities reasonably necessary to complete the work contemplated by this Contract shall, in no way, vitiate this Contract, nor shall any such variation give cause for claims or liability for damages. SC - 9 SURVEYS: The Contractor shall make his own surveys and establish his own working lines and grades from the basic reference lines established by the Engineer. SC - 10 DIMENSIONS: Dimensions shown in figures or which can be determined by computation from other figures shown, shall take precedence over dimensions scaled from the drawings. When the work of the Contractor is affected by finished dimensions, these shall be determined by the Contractor at the site and he shall assume the responsibility thereof. SC - 11 EROSION AND SEDIMENT CONTROL: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. Grassing of disturbed areas shall be the minimum acceptable restoration. Silt control devices such as straw bale fences and /or silt fence weight filter fabric shall be installed to limit migration of silt to the water courses. Erosion Control devices such as mats, grass, mulch, and crushed stone shall be installed to protect adjoining areas from soil contamination. Compliance with the guidelines of the Manual for Erosion and Sedimentation Control in Georgia, pursuant to the Erosion and Sedimentation Act of 1975, shall apply as though fully set forth herein. 1111 -00 SC.docx SC -2 SECTION SC SPECIAL CONDITIONS �� ENGINEERS SC - 12 SAFETY AND HEALTH REGULATIONS: SC - 13 SITE CONTAMINATION AND CHEMICALS: SC - 14 STORAGE OF MATERIALS: 1111 -00 SC.docx SC -3 SECTION SC SPECIAL CONDITIONS The Contractor shall procure a Land Disturbing Permit from: Augusta- Richmond Planning Commission, 525 Telfair Street, Augusta, GA 30911. As a part of the permitting process, the Contractor shall provide his construction schedule of land disturbing work and shall include a plan of the temporary measures to be in place during construction. An employee of the prime Contractor shall be designated as the work site Erosion and Sediment Control Supervisor who is to be responsible for timely installation of erosion and sediment control measures and who shall provide early detection and correction of erosion, sediment, and flooding problems and who shall have full (24 hr) access to the personnel, equipment, materials, means and measures to ensure correction of routine and or special deficiencies. Permanent erosion control measures for this site include moderate slopes, pavement, and permanent grassing. The Contractor shall strive to expedite completion of the permanent measures and shall keep the temporary measures in place until a satisfactory grass cover is established. Sediment and erosion control materials shall be as specified in Section T1, Site Work. An erosion control and sediment containment (E &S) allowance limit is included as a supplementary bid price. Where installed quantities of acceptable E &S measures result in an overrun of the E &S allowance limit an upward adjustment of the contract will be made on the basis of the total amount resulting from installed quantities and unit prices of E &S bid items. Because this contract considers the E &S work to be a subsidiary obligation of the base bid items, no downward adjustment of the base bid will be made where more efficient E &S means result in adequate control of erosion control and containment of silt. The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91 -596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL91 -54). The CONTRACTOR shall prevent the construction site from being contaminated with any substance in quantities or under circumstances prohibited by environmental protection laws of the United States or the State of Georgia. The CONTRACTOR shall be responsible to the OWNER if, at any time, state or federal authorities make a claim or demand against the OWNER on account of contamination of the site caused or allowed by the CONTRACTOR or any of its forces or subcontractors. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must be registered for the purpose specified with USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. Materials shall be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on 'ZEL ENGINEERS SC - 15 MANUFACTURER'S DIRECTIONS: SC - 16 CLEANING UP: SC - 17 PRIOR USE BY OWNER: SC - 18 RESTORATION OF PROPERTY: 1111 -00 SC.docx SC -4 SECTION SC SPECIAL CONDITIONS wooden platforms or other hard, clean, surfaces, and /or placed under cover. Stores of materials shall be so located as to facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary. The Contractor shall keep the premises free from the accumulation of waste material and rubbish, and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. On a daily basis, the work area shall be cleaned sufficiently to produce a neat appearance. Prior to completion of the work, the Owner (by agreement with the Contractor) may take over the operation and /or use of portions of the project. Such use of facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. The Contractor shall carefully restore all property defaced by the operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, transplanting of lawns, hedges, or ornamental plantings, and the repair or replacement of streets, driveways, walks, fences, or other facilities in such a manner as to meet the approval of the Engineer. No structures, fences or trees shall be removed without the consent of the property owner or until condemnation procedure, if necessary, has been completed. Restoration of property shall commence immediately upon substantial completion of the proposed work in the various areas of the construction site. SC - 19 SUB SURFACE INVESTICATION: Soil Invcctigation Rcp its arc not available for this project. SC - 20 MAINTENANCE OF ACCESS: The Contractor will be required to maintain vehicular and pedestrian access to all businesses and institutions during the time they are open and to all residential and other occupied buildings and facilities at all times. Whenever direct entrance is blocked from one direction, suitable access shall be provided from another location. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and block cross traffic while equipment 'ZEL ENGINEERS SC - 21 CONTRACTOR FIELD MARK -UP: SC - 22 GENERAL REQUIREMENTS: SECTION SC SPECIAL CONDITIONS is in operation. The Contractor shall plan and pursue his operations so as to minimize the time that direct entrance is blocked. Contractor shall keep a field record of all asbuilt field conditions on a contract set of drawings during all phases of construction. All deviances from contract drawings shall be indicated in red. All repairs, sample tap locations, service line tap locations, etc. shall be clearly indicated in red on the Contract Drawings. Contractor shall provide set of drawings to Engineer upon completion of project. All construction of sanitary sewer lines shall be in accordance to Augusta Utilities Department's Standards and Specifications. Disturbance to any Survey Markers or Monuments requires re- establishment by a licensed surveyor at the Contractor's expense. Augusta Utilities Engineering Department shall be notified 24 hours prior to any construction, tie -ins, or testing of water or sanitary sewer lines. (706-722-5503) If no answer, leave message. Contractor shall contact the Utilities Protection Inc. `Call Before You Dig" service in order to locate utilities prior to starting any excavation or construction. No connection to existing sanitary sewer lines until the proposed sewer line is inspected and approved by the Augusta Utilities Engineering Department. SC - 23 DEDICATED FLAGMEN Contractor shall provide dedicated flagmen for all road and driveway crossings. Flagmen shall be certified. All signage and equipment will be provided in accordance with GA DOT rules and regulations. 1111 -00 SC.docx SC -5 ZEL ENGINEERS SECTION TS-0 INDEX TO TECHNICAL SPECIFICATIONS SECTION T1 General Specifications and Site Work and Soil Erosion and Sediment Control Plan of Action SCOPE: APPLICABLE SPECIFICATIONS: The current edition of the following specifications form a part of this specification: American Society for Testing Materials Designation: D 1557 Modified Proctor D 1556 Sand cone method D 2167 Rubber balloon method D 2922 Nuclear methods for in place "Density ". Georgia Department of Transportation Specifications: ALL APPLICABLE GEORGIA DEPARTMENT OF TRANSPORTATION SPECIFICATIONS GENERAL: CLEARING: 1111 -00 General Specificat.ions.doc TI -1 SECTION Tl GENERAL SPECIFICATIONS AND SITE WORK AND SOIL EROSION AND SEDIMENT CONTROL The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, materials and supervision, and in performing all operations in connection with clearing, grubbing, excavation, filling, backfilling, grading the site, field layout, staking, and grade setting in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. Operations shall be conducted in a manner which will provide for the safety of employees and others. Existing utility lines, walks, steps, paving, structures, or trees to remain shall be safeguarded and protected from damage, and supported if necessary. Prior to any work the Contractor shall obtain necessary permits for work in the area or shall ascertain that the permits have otherwise been obtained. Classification of Excavation: All excavation in connection with site work will be considered unclassified common excavation. Clearing shall consist of the felling and cutting up or trimming of trees and the satisfactory disposal of the trees and other vegetation designated for removal together with the down timber, snags, brush and rubbish occurring within the project limits. Trees and other vegetation to be removed and all stumps, roots, and brush in areas to be cleared but not grubbed shall be cut off flush with or slightly below the original ground surface. Trees and stumps in areas to be covered by embankments 3 feet or more in height shall be cut off to 8 inches or less above the original ground surface. Trees and other vegetation in areas to be cleared and grubbed may be removed by uprooting or any other method that the Contractor may propose that is satisfactory to the Engineer. Individual trees and groups of trees designated to be left standing shall be trimmed of all live branches to such heights and in such manner as directed by the Engineer. All limbs and branches required to be trimmed shall be neatly cut close to the bole of the tree or to main branches, and the cuts more than 1 -1/2 inches in diameter thus made shall be painted with an approved tree wound paint. L ENGINEERS GENERAL SPECIFICATIONS AND SITE WORK AND SOIL EROSION AND SEDIMENT CONTROL GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots larger than 3 inches in diameter to the depth specified, and matted roots from the areas to be grubbed. Stumps, roots, logs or other timber 3 inches and over in diameter, matted roots, and other debris not suitable for foundation purposes, shall be excavated and removed to a depth not less than 18 inches below any subgrade, shoulder or slope; and to a depth of 12 inches below finish grade in areas to be grassed. All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and compacted to make the surface conform to the surrounding ground surface. Grubbing will not be required in areas other than those occupied by construction and graded and grassed areas. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: SECTION Ti Grinding or Removal from Site: All timber, all logs, stumps, roots, brush, rotten wood and other refuse from the clearing and grubbing operations shall be removed from site. Grinding and spreading of such material may be used by Contractor when permitted in writing by the Engineer. Such permit will state the conditions covering the disposal of such materials without burning, including the areas in which they may be placed. Burial of cleared and grubbed material is not permitted. Burning of cleared and grubbed material is not permitted. All Timber, except such timber which the Engineer considers merchantable, as well as all logs, stumps, roots, brush, rotten wood and other refuse from the clearing and grubbing operations shall be removed from site and properly disposed of by the contractor. Burning shall not be allowed. MATERIALS: Sand Material shall be selected to meet the requirements and conditions of the particular installation for which it is to be used. The material shall consist of sand soils capable of being readily transported via slurry pumping and shall be free of roots, trash and any other deleterious material. The material shall be obtained from off -site borrow pits approved by the Engineer. Borrow pits shall be cleared and grubbed as necessary, and shall be opened, excavated, graded and maintained so that adequate and proper drainage and a neat appearance shall exist at all times. Embankment: This item consists of placing fills and embankments for roadways, and other site grading work, the materials removed from the various excavations and borrow pits, all as specified herein and in accordance with the appropriate lines, grades, sections, contours and dimensions. Filter Fabric: The material for the filter fabric shall be a pervious sheet of woven polypropylene monofilament yarns. The material shall be Poly- Filter X as manufactured by Carthage Mills or the equivalent product of at least 16 mil. thickness as manufactured by Celanese Corporation or others. The material shall be stored, handled, and placed in strict accordance with the manufacturer's instructions and recommendations. 1111 -00 General Specifications.doc T1 -2 ZEL ENGINEERS CONSTRUCTION METHODS: GENERAL SPECIFICATIONS AND SITE WORK AND SOIL EROSION AND SEDIMENT CONTROL RIP RAP: SECTION Ti Any areas designated for rip rap shall be rip rapped for a minimum of 5 square yards each. Areas to receive rip rap shall be covered with a woven plastic filter fabric and 4" size to 60 lbs. stone. The area to be covered shall be prepared to a relatively smooth condition free of obstructions, depressions and debris. The fabric shall be placed with the long dimension running up the slope, and overlapped a minimum of 1 foot at joints. Fabric shall be anchored in place with pins of a type recommended by the fabric manufacturer, placed not more than 3 inches from the centerline of the overlap. Fabric shall be placed loosely so as to give and avoid stretching or tearing during placement of rip rap. Fabric shall be protected from clogging due to clay, silt or other contaminants and shall be cushioned with sand of sufficient depth to protect the fabric during placement of rip rap. Stones shall be dropped not more than 3 feet during construction. Rip rap shall be placed to form a uniform surface not less than 8 inches thick, with a tolerance of plus 4 inches. General: During construction, embankments, fills and excavations shall be kept shaped and drained. Ditches and drains along the subgrade shall be maintained in such manner as to drain effectively at all times. Grading shall be done so that the surface of the ground will be properly sloped to prevent water from running into the excavations for structures or pipe lines; any water which accumulates in excavations shall be removed promptly. Excavated materials shall not be stockpiled within a distance from the edge of any excavation less than 1 -1/2 times the depth of the excavation. Suitable material removed from excavation shall be used, where feasible, in the formation of embankments, fills, subgrades, shoulders, backfills, and site grading; excess material from excavation, not required for such uses or materials not suitable for such uses, shall be wasted in locations directed by the Engineer. Any wetting, hauling, scarifying, mixing, shaping, rolling, tamping or other operation incidental to the following requirements, which, in the judgment of the Engineer, are necessary to obtain the specified results, shall be performed by the Contractor at no additional expense to the Owner. Site Grading: Except as otherwise specified herein, all disturbed areas on the site shall be finished off to a uniformly smooth surface, free from abrupt, irregular surface changes. The degree of smoothness shall be that ordinarily obtainable from power grader operations. There shall be no roots, wasted building materials, trash or other unsightly matter projecting through or visible at the surface. After all embankments and fills have been completed to grade, and after all structures and pipe lines requiring the use of heavy equipment have been completed, excavation necessary for the construction of walkways and steps may be performed. Excavation shall be accurately cut to line and grade; sufficient width for the accurate placement and adequate support of the forms shall be allowed. After the forms are removed, the backfill shall be replaced and recompacted around structures, walks and steps. Care shall be taken to avoid damage to the walks and steps by the tampers. 1111 -00 General Specifications.doc T1 -3 ZEL ENGINEERS SECTION Ti GENERAL SPECIFICATIONS AND SITE WORK AND SOIL EROSION AND SEDIMENT CONTROL Ditches shall be cut accurately to line, grade, and cross - section. Any excessive ditch excavation shall be backfilled to grade with material approved by the Engineer, consisting of suitable excavated soil, borrow, or stones or cobbles. The requirements of paragraph "Site Grading" above, shall apply to ditches except as follows: The degree of smoothness shall be that usually obtainable with string line or hand raking methods; the finished surface of ditch slopes shall not be more than 0.10 foot above or below the appropriate elevations. Embankment: Sloping ground surface, steeper than one vertical to four horizontal, on which embankment or fill is to be placed, shall be plowed, stepped, or broken up in such manner that the embankment material will bond with the existing surface. Approved material, consisting of earth, sandy clay, sand and gravel, clay gravel, soft shale, or other granular material (not containing muck, trees, stumps, brush, matted roots or other clods of earth or stones) shall be placed in horizontal layers of loose material not more than 8 inches in depth. Each layer shall be spread uniformly and tamped and compacted to 95 percent of the density measured by Standard Proctor ASTM D698. Tamping shall be accomplished by sheep foot rollers or mechanical hand tampers. Final compaction may be by an approved power roller weighing not less than 10 tons, except where insufficient cover may cause damage to pipe. EXCAVATION AT PREVIOUS CAVE IN LOCATIONS: There are three areas above the abandoned concrete pipe sewer that have collapsed in the past. The general locations of these collapses are shown on Figure 7 of the Plan of Action. It is anticipated that these locations have been backfilled at the time of the collapse. These locations must be re- excavated, and viaduct formed to allow the movement of slurry through these sections. The viaduct cross section must be a minimum of 6 sq ft. The viaduct should be made of earth with a top of 3 41" plywood a plastic sheet on top of that and one foot of earth on top of that. GRASSING: Areas of road shoulders and other property disturbed by construction operations shall be grassed in accordance with the DOT Specifications. Areas to be grassed shall be planted, maintained, and shall utilize topsoil, lime, fertilizer, proper and approved grass and mulch sufficient to produce a cover suitable to eliminate significant erosion. EROSION AND SEDIMENT CONTROL: GENERAL: Grading operations shall be conducted in a manner that will minimize the exposure of disturbed soil to wind and rain. The contractor shall make every effort to temporarily stabilize disturbed areas as soon as the desired grade is achieved, and shall sequence operations logically such that exposed areas are utilized for structures or permanently stabilized in a timely manner. All work shall be done in accordance with the latest edition of the "Manual for Erosion and Sediment Control in Georgia ". 1111 -00 General Specifications.doc T1 -4 ZEL ENGINEERS GENERAL SPECIFICATIONS AND SITE WORK AND SOIL EROSION AND SEDIMENT CONTROL Temporary Silt Fencing shall be installed as a minimum to inhibit the migration of silt from the construction area. Filter fabrics free of defects or flaws shall be installed against stable posts capable of supporting the weight of the intercepted soil. Collapsed or overwhelmed fence shall be promptly repaired or replaced. Filter Fabrics Materials shall be strong rot -proof synthetic fibers formed into a fabric of either the woven or non -woven type. Either type of fabric shall be free of any treatment or coating which might significantly alter its physical properties after installation. The fabric shall contain stabilizers and /or inhibitors to make the filaments resistant to deterioration resulting from exposure to sunlight or heat. The fabric shall be a pervious sheet of synthetic fibers oriented into a stable network so that the fibers retain their relative position with respect to each other under normal handling, installation, and service conditions. Edges of the fabric shall be finished to prevent the outer yarn from pulling away from the fabric. During all periods of shipment and storage, the fabric shall be wrapped in a heavy -duty protective covering which will protect the cloth from sunlight, mud, dust, dirt, and debris. The fabric shall not be exposed to temperatures greater than 140 degrees F. The fabric shall meet the physical requirements called out in GA DOT Specification 881.05. SECTION T1 Filter Fabric Backing, where required, shall be woven wire and attached to the posts by wire, cord, staples, nails, or other acceptable means. The filter fabric shall be installed in such a manner that 6 to 8 inches of fabric is left at the bottom to be buried and a minimum overlap of 18 inches is provided at all splice joints. After the fabric is installed in a trench, the trench is then to be backfilled and compacted so that no flow can pass under the barrier. The Wire Support Fence shall be at least 24" high and shall have at least 6 horizontal wires 4x4 W1.4xW1.4 or equal. Posts for Type C silt fence shall be a minimum of 4 feet and be made of steel at least 1.3 lb. /ft. Wire Staples /Fasteners shall be #17 gauge minimum and shall have a crown at least 3/4 inch wide and legs at least 1/2 inch long. Nails for fasteners shall be #14 gauge minimum, 1 inch long with 3/4 inch button heads. Fasteners shall be evenly spaced with at least 4 per post. Straw Bale Ditch Checks: To control erosion in waterways and to provide additional restriction of silt migration, temporary ditch checks shall be installed. Standard rectangular mechanically produced straw bales shall be anchored to 2x4x4' -0" posts set 2.5' below grade. Removal of Temporary Soil Erosion and Sediment Control Measures: After permanent erosion control features of the work site are complete and ample grass is established, the temporary fences, ditch checks, etc. shall be removed. Silt that has collected shall be removed, or when appropriate, regraded, stabilized, and planted. 1111 -00 General Specifications.doc Tl -5 ZEL ENGINEERS L___ GENERAL SPECIFICATIONS AND SITE WORK AND SOIL EROSION AND SEDIMENT CONTROL PAYMENT: Payment for all items covered by this section of the specifications shall be paid in accordance with the bid item list. No other separate payment will be made for the work by this section of the specifications and all costs in connection therewith shall be included in the appropriate lump sum or unit price in the bid list. All work not directly listed in the bid list shall be considered a subsidiary obligation of the Contractor. 1111 -00 General Specifications.doc T1 -6 SECTION Tl EL ENGINEERS Plan of Action: AUGUSTA MAIN INTERCEPTOR CLOSURE - 5,055' Introduction: Augusta's main sewer interceptor was constructed in the 1950's and followed Old Savannah Road south. The sewer was constructed in sections each of which included an interim discharge point to ditches that conveyed the discharges to creeks and rivers in the Phinizy Swam. These Interceptors picked up sewage collected by various collection systems as laid out in the "SEWER IMPROVEMENT PLAN" Report issued in 1952 by the Patchen and Zimmerman Engineering firm, predecessors to the ZEL Engineers Inc. firm. That plan was followed to conclusion with the construction of the Sewage Treatment Plant (now the J. B. Messerly WWTP) in 1968. In 1953, pipelines were constructed along Gwinnett Street (now Laney Walker) from Lover's Lane to New Savannah Rd. that collected sewage from East Augusta and the new industrial areas there and pumped it (through the 2 St Lift Station) to the new Interceptor Sewer also constructed in 1953. This main sewer picked up various discharges as it flowed south to the eventual site of the treatment plant. The section down to Dan Bowles Rd was of 60" diameter and south of Dan Bowles it was of 72" diameter. Recently a new replacement 84" sewer, constructed of fiberglass resin, was installed parallel to the old Interceptor Sewer at a cost in excess of $20M. The Gordon Highway also was under construction in the early fifties. The sewer work done in 1953 (60" dia.) extended to Dan Bowles Rd. Subsequent southern extensions of the sewer (72" dia.) and the Mid City Interceptor, through downtown, were done in the early 60's and the Treatment Plant was constructed in 1968. The Main Interceptor is made of concrete pipe fully coated (at the time asphaltic coatings were used as protection). There have been three or four sink failures along the general route of the sewer. The reported facts point to structural failure of the very top of the pipe due to probable sewer gas acid conversion. The sewer has generally been quite full for at least thirty years due to system wide infiltration of groundwater and inflow of rain water through the County wide sewer collection system. ZEL ENGINEERS Since 1946 Preliminary Investigations: The Augusta Utilities Department (AUD) Director briefed our staff on the relevant facts of the situation and requested our assistance to resolve it in a satisfactory manner with a goal to keep costs as low as possible. Because of our familiarity with the Augusta Sewer system it was easy to understand the problem. We discussed the problem with other operating staff of the Augusta Utilities Department and personnel of the Augusta Public Works Department. In addition, our own environmental engineers were brought into the discussions to assess what actions may have environmental implications. Define the apparent problem and physical constraints: The sewer is now abandoned in place. No particular effort was undertaken to flush out the old sewer. Consequently the pipe is probably full of dirty water. A concern about materials that may be lodged in sediment in the pipe is judged by us not to be problematic as any sediment in the pipe has had years of natural reduction and neutralization. For all practical purposes the sediment probably consists of inert organic and granular materials and they will end up encased in concrete. However, testing of the sediment at various locations along the pipeline is recommended to confirm the validity of this judgment. The structural condition of the pipe must be determined to a more certain level. From experience with the similar problems at the Mid -City Interceptor sewer (constructed in 1964) would indicate a narrow area of dilapidation at the top of the pipe (where failures have occurred) perhaps of 1 to 2 feet in width. Internal examination is available from video recordings completed within the last ten years. We will examine these recordings and present a summary of the findings to interested stakeholders. Our initial judgment is that the majority of the pipeline structure is in good condition (since it was mostly submerged and not exposed to acidic gasses) and will make a suitable enclosure for abandonment after filling with solid material. Seek and find drawings of previous work in the area of the project. Drawings for the initial construction of the subject pipeline were stored in our archives and we have them in hand. In addition, drawings for the construction of the new replacement 84" sewer have been provided by Augusta AUD and Drawings of the widening of the Doug Barnard Parkway have also been secured from the AUD files. Also, at our disposal are GIS aerial photographs that clearly ZEL ENGINEERS Si nce 1946 show the surface features relevant and we have added features showing the exact location of the subject pipeline. All these drawings are included in the Dwg Appendix. Proposal for Consideration: We propose that the following list of actions be implemented to render the subject pipeline (pipe) safely abandoned: • Pump water contents of the pipe into the new 84" sewer parallel to it from the north ending of the 5,055' length while pumping non - contaminated water from a Merry Land pond into the southern end of the pipe [estimated time to accomplish = 13 hrs or 2 days] • Purchase sand and pump water -sand slurry at consistency of 10% to 20% sand into the southern end of the pipe at a total rate of 3,000 gpm that would introduce 300 to 600 gallons of sand per minute into the pipe. The estimated time to complete this part is 27.5 hours or 4 work days. • As slurry is pumped through the pipe, the sand will fall out and down due to the reduced velocity of travel, filling the bottom part of the area until the remaining open area available for the water to flow is sufficiently small to prevent the sand from settling. A variable source of power is appropriate for the slurry pump. A diesel driven solids pump is recommended. • In order to maintain the sand consistency of the slurry, a vibrating sand loader must be used to mix the sand with the carrier water. • The carrier water should be available from Merry Land ponds adjacent to the Barnard Parkway. EPD concurrence may be necessary. • A boring under the road surface Or closing northbound lanes is required to transport the slurry to the pipe. The discharge pipe should be installed as shown on Figure 1 • Water must be pumped out of the pipe at its northern end at the same rate (2,650 gpm) as water is introduced. These are approximate rates subject to field adjustment. • After the preliminary flushing and disposal of the dirty water now in the pipe, transport water can be discharged to the new 84" sewer. ZEL ENGINEERS Since 1946 • After a maximum amount of sand has been deposited in the pipe; proceed to pump out as much water as possible from the northern end of the pipe. • The remaining void space at the top the pipe is to be pumped (under pressure) with Plowable fill of infinite slump and 200 psi quality at intervals not exceeding 200 ft in distance through bored 6 inch holes to be made through the roadway surface and into the pipe. 3" tell tale holes are to be bore drilled between the 6" application holes. The pumping shall continue until the 3 inch bore holes show the escapement of the flowable fill indicating the voids have been eliminated. CALCULATIONS AND GRAPH: Equivalent Percent Sand Average Diameter, Area, Sq Ft Area of Volume, I nch Velocity, Fps Pip e CY 12 8.51 0.79 4% 147 96.65 1.910 14 6.25 1.07 5% 200 43.72 0.864 16 4.79 1.40 7% 261 22.06 0.436 18 ' 3.78 1.77 9% 331 12.09 0.239 20 3.06 2.18 11% 408 7.29 0.144 24 2.13 3.14 16% 588 2.88 0.057 30 1.36 4.91 25% 919 1.01 0.020 3 6 0.94 7.07 36% 1323 0.39 0.008 42 0.695 9.62 49% 1801 0.20 0.004 48 0.532 12.57 64% 2353 0.10 0.002 54 ` 0.42 15.90 81% 2978 0.05 0.001 60 0.34 19.63 100% 3676 0.03 0.0005 Table 1 Velocities and Volumes ZEL ENGINEERS Since 1946 Total head loss Head loss For equivalent Per 100 If Pipe size, Ft Graph 1 120% 10096 8096 60r 4096 2096 096 Figure 1 Profile and Section Fill deposited, a of pipe Percent area of pipe 4 Velocity, fps 5,055 FT J ZEL ENGINEERS Since 1946 A A 10 A A Augusta Main Interceptor Closure 9- Dec -11 Preliminary quantities: Length, Ft Diameter, Inches Radius, Ft Area, Sq Ft Volume, C Ft Volume, CY Area of Segment, r =2.5, Q =100 d Area of Sand, Sf Volume of Sand, CY Volume of Flow Fill, CY ZEL ENGINEERS Intercepting Trunk Sewer Bowles Rd to G Hwy 5,055 Ft 60 Inch 3 Ft 20 Ft 99,255 C Ft 742,425 1,650 Minutes 3,676 CY Gallons 27.5 Hours 5 SF 14 SF 2,655 CY 1,021 CY 3,676 CY Table 2 Preliminary Quantities Estimate Identify potential expertise required to properly address the problem: The party (contractor) that provides the execution of this or their own plan for abandonment of the pipeline needs to demonstrate proficiency by having, at a minimum: Dredging expertise Slurry pumping experience Sewer cleaning experience or subcontractor Our documents do NOT mandate Means and Methods for implementation. The Action Plan's purpose is to present that Means and Methods exist suitable for correction of the problem. Building consensus for course of action: ✓ This document is the first step towards having a specific plan to discuss with relevant officials and involved entities as to how to resolve the identified problem. The Augusta Utilities Department with the assistance of ZEL Engineers will take the lead in forming a consensus. Since 1946 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ✓ Department of Transportation (State Highway) ✓ Atlanta Natural Gas Co (Abandoned Gas line within pipeline corridor) ✓ Richmond County Public Works Dept (Connecting roads) ✓ EPD Local Authorities (Disposal methods) ✓ Merry Land assistance (Use of its pond) ✓ J B Messerly Operator (Coordination for discharges to Plant) Document Preparation AND Bid Assistance: ZEL Engineers will also provide these listed action items: 1. Plan drawings defining the particulars and limits of project 2. Identification of demonstration section requested by GADOT 3. Calculate accurate quantities of water, sand, and flowable fill within reasonable limits 4. Continue to consult with dredging experts to assure the scope is well defined and peer reviewed 5. Identify potential bidders 6. Identify probable /possible means and methods schemes to achieve the goal 7. Compile property maps and secure agreements for continuation. 8. Prepare advertisement, and bid documents 9. Allow for the presented program to be adopted w/o liability to AUD, its agents or other relevant officials and involved entities. 10.Identify equipment required for performance (mixer, slurry pump, dredge pump, Etc.) 11.Determine a method of compensation appropriate for the scope of work ZEL ENGINEERS Since 1946 Figure 2 Overall ZEL ENGINEERS Since 1946 J 111 N • I= • =I NM • • MO • • INN NM MI MO MO • • NM MIN Figure 4 Plant Rd + 700 ft ZEL. ENGINEERS E S Since 1946 1 Figure 4 800 ft +1- near MH 7 ZEL ENGINEERS EE S Since 1946 Finure 5 800 ft +/- near Mil 6 ZEL ENGINEERS Since 1946 Figure 6 • Near Mil 5 and 4 ZEL ENGINEERS Since 1946 Figure 7 Southern F rid Dan Bowles Rd. ZELI E NGINEERS Since 1946 r4 X✓C8e l -°/ g0■BI /XS mi OOrO. Als. V/ M g d P# dw / • V-I' .- L 13 fu VV v F yes_ Jszs''si4 �J �? ^41 ��• IM INIEMEM IN MEE MOM UMW IMMIN � J 11111 ... �. i'MMA w a !MI $� Ems am �N maim amr ou zre erree � . L + it IP i r NEININNMit ling smia CITY OF AUGUSTA, GEGnorA S SEWERS INTERCEPTING - S t'WER 'D YIMM 6121/10I ryceGs No,: A /n.. BVG s mn.o6o /O qs d o ! Jrph. rY. hho av, 1p/ Jifed bq ,. OUTFALL DITCH TYPICAL :SECTION I SCALE INO, I FOOT oft C. A. !oo Nafi'on m -s, 05 3 f A H 4_;57.4 CITY OF AUHU37A. SANIYARY SEWERS' TEMPORARi'TUTIAtt ra +ard� is e b@g9�l�J - 54. e "CON ./? '...:.. 195 OF AUOUST OflFA SANITARY $EWERS I INTERGE •G S PATCHEN ANO • Z15 • uSta 1HEEFS' REVISCN DESCRPPON DATE ADDENDUM ,w. 3 .Dn3,06 MAIN INTERCEPTOR UPGRADE, PHASE I AUGUSTA UTILITIES DEPARTMENT PROJECT NO. 60115 2200 WEST TOWN ROAD ALBANY, GEORGIA 31721 (912) 883 -0332 FAX (912) 883 -0543 308 COMMERCIAL DRIVE SAVANNAH, GEORGIA 31406 (912) 355 -9603 FAX (912) 355 -9537 C01 COVER SHEET CO2 PROJECT MAP AND PROJECT NOTES CO3 SHEET INDEX C04 PLAN & PROFILE MAIN INTERCEPTOR - 0 +00 TO 8 +70 CO5 PLAN & PROFILE MAIN INTERCEPTOR - 8 +70 TO 17 +40 CO6 PLAN & PROFILE MAIN INTERCEPTOR - 17 +40 TO 26 +10 C07 PLAN & PROFILE MAIN INTERCEPTOR - 26 +10 TO 34 +80 C08 PLAN & PROFILE MAIN INTERCEPTOR - 34 +80 TO 43 +50 C09 PLAN & PROFILE MAIN INTERCEPTOR - 43 +50 TO 52 +20 C10 PLAN & PROFILE MAIN INTERCEPTOR - 52 +20 TO 60 +90 C/1 PLAN & PROFILE MAIN INTERCEPTOR - 60 +90 TO 69 +60 C12 PLAN & PROFILE MAIN INTERCEPTOR - 69 +6D TO 78 +30 C13 PLAN & PROFILE MAIN INTERCEPTOR - 78 +30 TO 87 +00 C14 PLAN & PROFILE MAIN INTERCEPTOR - 87 +00 TO 95 +70 C15 PLAN & PROFILE MAIN INTERCEPTOR - 95 +70 TO 104 +40 AUGUST, 2006 AS -B U I LTS 06/16/09 PREPARED BY: aG A BED, 0/ Stevenson Palmer Engineering 360 BAY STREET, SUITE 400 AUGUSTA, GEORGIA 30901 (706) 261 -4040 INCORPORATED FAX (706) 261 -4042 S H E E T I N D E X 2430 HERODIAN WAY, STE. 101 SMYRNA, GEORGIA 30080 (770) 952 -2481 FAX (770) 955 -1064 C16 PLAN & PROFILE MAIN INTERCEPTOR - 104 +40 TO 113 +10 C17 PLAN & PROFILE MAIN INTERCEPTOR - 113 +10 TO 121 +80 C18 PLAN & PROFILE MAIN INTERCEPTOR - 121 +80 TO 130 +50 C19 PLAN & PROFILE MAIN INTERCEPTOR - 130 +50 TO 135 +30 C19A PLAN & PROFILE MAIN INTERCEPTOR - 135 +30 TO 137 +24 C20 PLAN & PROFILE COLLECTOR - 0 +00 TO 5 +40 C21 PLAN & PROFILE COLLECTOR - 5 +40 TO 14 +10 C22 PLAN & PROFILE COLLECTOR - 14 +10 TO 19 +60 C23 ABANDONMENT OF EXISTING INTERCEPTOR C24 MISCELLANEOUS DETAILS C25 MISCELLANEOUS DETAILS C26 MISCELLANEOUS DETAILS C27 MISCELLANEOUS DETAILS C28 MISCELLANEOUS DETAILS C29 MISCELLANEOUS DETAILS SOIL EROSION CONTROL SE01 EROSION AND SEDIMENT CONTROL COVER SHEET 5E02 EROSION CONTROL PLAN 5E03 EROSION CONTROL PLAN 5E04 EROSION CONTROL PLAN 5E05 EROSION CONTROL DETAILS SE06 EROSION CONTROL DETAILS & NOTES SE07 EROSION CONTROL NOTES CO1 OE dO Z Zoo '°N 133HS gt 2 ao-rgr 10.60r 1191.3.2 ?13000/2/3,07.31130 NS /N /d 001 03770.9 O3SOd00d 1 N31 11'7c/3W 001 ,30031 NI N/ PV O3SOd00d 0,11 113d ND DO 22.0 I13 3111.23 320* 12/011 3113,0 133213 S3 10b1 Sa\ 60/9 1-190 5111 fl8 -SV 133013 03038 333. 01 100 dVPY AL/M.9111 9 11 " ,.1,1Sa3,010 .1111 103211035 22380.131 (3023, 1130 231812/0.3211031 VIVO 2103ND .1802 3105 213235 12.1035 12130.2231 0300d0I. 83235 ASV11NV5 0350d020 3330. 83610 00.221130181 0211.183 322 03210d 0.10802.0181 5.503 32. 3002213131 annosoa3onn DN85.3 3251 831321 onn000a3onn 021.123 33n svo onnoaosoonn .115123 000 40 1w�94rvn 000330 0085123 1053 323331 SV2 5025183 11.1. SVO 00115123 11332 532 00115123 X013 11. 0005%3 32132 2313/1 ONLIS. 831.321 83/312 .1115123 310d 12011 0011533 110155111010,11 11012 3100 11320.1 30115.3 UVA 01111.533 310d Are 0.533 =3b�n _S0d0bd • ON3037 • )) 35 51 ' 0 WLLLVNm3'ia tin v11 TV 7N aw3aB o1 iFa L1 ,33:111L7118403' 00 00 10000 403003 0 0400001100 0030000031300 001x4000 l /21310238321r2 03511.3/2-SIITA Ir004/10 101aron xosa 3o NoI 1msn1 i"ul Nfli1"»3it 3 wsD 143 114. 53x3105 HiL0 o 1 31v 30 iavvo Aiev 03x0 3Jrv12e nll 3X1 'u0u4r 0x1011.513 OnY, OnI JN3nn04 01 110 23NIA 10,3,,3 312 /.3,0 19Nrc0v ,3 I r" 3 � Tw. 53xnsv3n'ma - o a3,ly NIV � }j 1501 s SVS (3 0 0030000 14 03 n 0,1134 n ( s LLme ) 0 synnvn 3. 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SO3 X., sn18 S01034501 3. co anon ind ASVIVS il,r/73,1 MI. 30000 3310030 3,3333 v0xo3a 4139110 3o u0 301 ,7:71'21V.:3 .- 9 003x,303 ,3000" 30 300000 04 sa (000) zz (000) 0308 NOD 0-1253 "'" 1071TOrrd 13. 5332.35 11031.03003 CO V108032 ryl N.S. 023 NI.. 530.825 203101003 221 231 .2 0rvr 50014 rv3 031143001 r 1X3,,3,1„3, 3,300 inn,11300» 0N30n00 0,r 03 3,01, 01y 310030 0 ,,10000 4 0 413 5...,.30 30r1a;U s "i3`,w tt,7=111 V ,ns' 0 siam��a<s 303010"°0030'" ro tra, : Azi ,12'9. 320,0 3.331 1530 HUM 53000 =M. 1.5303.0d 32.1 31.15 533113 0.032230 * .3313 1230IWI 0=0 x anlaoHS 1ao443s Aayx3,ra1 031003,3,, am s3LLrv13 3nga- a 0304" w 3 3lynlaaoo4 rnxs 11o1JVa1xo4 zr ndai axr 411, Tv Z31 nOLLJ35 X31.4.33,0 143roaa H1w 30x0300000 x1 a3ts3i 3e�TVi nn 0 Aav3 1 011.31 3202. 28 50033701 2012835 81335 01.512.3 ,0132 133, 201.1111,0 .31VOION1 3 S.121030=n1r321-1r4 210-11051 3232 11.5 00032313 00011 10/31 001 3211 120132 .011335 500331312 3, NI 0013021000=1 "S1N102 330.3,30 OS... 31.0 53311335 011311.23 3. NI 2111280000 scraw 30110 113 11 11.2 011115123 3013131 1007 3NO AO nnnvan v 53.3003 32 01 3SV 51NV8,11 3813 '15 1.30 1318110 1.01,10 11,0 33,,..1%%7e31^41171'. 4,131;;ITTIPAVIVOZ 1=3"231%17AMI,TrarneV lo?4,1111"31r3:13t231731Z1V3P32.12A ;■Al4rv"3%1A3i,s393'vllimt3M3gi'n TA= g3'394'211,3"1 . 30.1 ONI311 231WA ANY 0/ 108d 581300 20 031.0N 30 11.5 1033..30 ssamn vosnonv . sc mo v»»v 0x10330 and 005 55310 so . onuva mx 051 Inman r .x11 xoal mono ass 0 3o ii irsislvn ivin nr is 32 TN, tarn 2131.2 235080. ca n0.132.300 321 70 3015 cols... 3. no orgi73=ralr3ratvinTin . .1 mcnvio 211211.02 V 3/3011 1.26 530.35 23133A • 13 ' an= no 103x5 ion 03030x030 a o1 100 d V7a2 run v 113 s � 310/2 0x 3 .3 030 a a un 11 n 1 A N l sz 14 00 03^034,0 110 x001 1504 x .00 x .00 331 3103) 000 03030 33008440 xr 11310)0 axr 051003, 00003 3L 00 x 0135) ,Y 110.02 ,J .105 113 „115X131 N3d3 .3e � 0 0;0,;10 1�a� or x " � - �° 030,0 0300„. ,,: 300335 a 3000 03440,0 53011 113/331 a owns 4 3)000 113 o 01 004 v 130030 ,x00 (031,'0001 '9010001)0300034800 '0 .003010,5 onv 11121. 3020.1■0003 31221.030 NO.1 0327320 0133 2031.1.120 21315.31 '38 01 323 s3nn 23132 113 '50 3 332.10.3015 80 01 252123.0 553.3133 '0/36. -0 YAM 01111.3311 020 000 55315 3a - nvics 53N13 11313/0 133 01 100 SY onsvcsta ONV 113130 NJ 021025 SY 5.2.30 - mono. nv 13/ 03333.211 30 11.5 51110-.330 031.0335N1 51 3N13 832135 0350dOtld 3.1.11 53011 83137A= a NININTr3FITIVM 51000 ,39300 svnoc SO a 40 0 3 L 001 0 a 3014 3412030 0 50 800X00 T 3 0 033 10 J 113, 93.5 05100810053 0 It MM.. 3. 00 10.022 382113 301 00/30320 13 owns noLoonasnoo onnno assamslo SOV. 133110SY 13 '84 33 TY. 3010 3805 13121 53,0x"121 nti0,9 512 l a 53a.4na1 13 x21304 17200x4 -315 al anus r e1 301 1110 3000090340 01 10 03 10301305 0x0 109000 03 (3,10) 90000441 0r v 530 0000 la ±0 00 sv 133x,03 .3. 30.10 03100x104 M4xnft" 121303030 3 -Zr3AV WYAa1lVNd5bNa31v,a3no a VHS 5110 0000 012 81 1041x03 00 00 0312310 W. 3400,30 Y tl 5 33 011 /0000/304 4030 ,0,1x3 330 (53001,00 00 000 ''v0010m 9010014x3 '/ 03 114 3 '04 03001 1V as 0) 5 0 0 0 0 0 904 0 0 0 0 1 3 103 0 storm 34032,0 NI sun. (ov) 10013 -uaoc 00110 030080 3e 000330013 300 30 400033040010 31 31LL 0 un24 30,1x41,- tl15n0M 301 311 Ad ] 3nYx 1nLL39ad3a 1N3VLL4tld3o 1011100 arvV 41,10 c1 S.3213333 8.0 1312-00-125111 no am.. Z11113V3iNg LnIg.°37.;Vant=13131■fatr:23'3712'4311ra37.111 41,N7 3.1.033 OCIVA0bd. on3 01 13322110 30413,510 3.210,3,000 3, 13 30 11.15 ON102050 0. 51.203 '6 3. xo t uofl915x3430nx1533 3304000941 ( 500111313 sn s TO ,103.2 11322 90 000004 312 1 01 0400001 . 000 300333 1100. 001x30 0004310x4 03x0100 3001 14011004 Trxs ,310,10x34 s 312 lr 33333are 0302340 v A3 1331111038,53 3,1 333 3 slx3nra00n x31 3..3 AssortsAS nnv sla 12 avon co 0,531 NO .01-311 Noaonsusnoo ANY 3 ) 3303..130 333,,....1.1V 01 30n.b000 NI 3G T1313 33.1113.33 .11/1111VG Ltrinr1.0= 713 b0 .33.11 0.1.31. ANY 10. - 10.01 ONV 3313 blin.0011W311117.111l S310N NOLLONXLSNOO nai �WP SHEET INDEX MAIN INTERCEPTOR UPGRAOE PHASE 1 PROJECT NO. 60175 AUGUSTA - RICHMOND COUNTY mums DEPARTMENT AUGUSTA GEORGIA SAM orat. Stevenson Palmer Engine ring_ • a INCORPORATED !4 ur-1wt ceann - 7rw SURVIVID DRAWN BY, DOVE, OM CHECK. OM APPROVED OM DOM ANY TS MOS MOT TO SCALE afanso°nB OOCC 6YT REM AMP SMP InTERNAL RENEW DATE 09/00 rrn /../ ,7 • -,,, „ peamniVr,fsur (con 6 7 ,WPOSCO MAI apme .) , . . '01 L SOUTH AOOIJSTA, INC. TYPE .7 FENCE rz: T7V A _ — -S, - SIR PLAN GEORGIA CAROLINA BRICK TAX MAP 100. PARCEL 11 DOUG BARNARD PARKWAY '• • • • - • • ,_ • • `• • _ • -•, I M Ar frItCONSMO O 4770I, "r YZOGOION 0 GUY IU'. , REtt.1" TEMPC.2 1.11I 4.I.1 PONE? STRUCTURE Tp,t" 0010 TErgray= DM, 51AUL 4 W/19 ! J 7 IS 7 raVZ. 1 <co 1'7 — UTILITIES PROTECTION CENTER 1= pp_ 30' 15' o so 12+90 13+20 PROFILE 130 120 80 70 60 8+70 9+00 9+30 9+60 9+90 10+20 10+50 10+80 11+10 11+40 11+70 12+00 12+30 12+60 3+50 13+80 14+10 5+30 15+60 15+90 16+20 16+50 16+80 17+10 17+40 70 60 AS-BUILTS 06/16/09 a fel w!. Ref CO N SHEET No. CO5 5 OF 30 P 501' of 70 CON! 16 — — — — — — --- — — - - - ------ _________ ----- -3 UTILITIES PROTECTION CENTER 1-80,2B2-7.111 DOUG BARNARD PARKWAY Er,C Pnve,E, GEORGIA CAROLINA BRICK TA% MAP 10, PARCEL 11 --- --- — Fr 7:; rIT.TPT L SOUTH AUGUSTA, INC. PLAN TAN MAP 10, PARCEL 11.2 - 11ISOSII I, r.21 R. /340.7 •.. 00. Mrtt:g4WTAAreggVtlYr ON 5/7£ OLINN4 CONSTRUC770N OF FIFE 7 . MN Z YAINTAIN NO LOS WAN Ft mom EVE OF 72 SS le OAS MAIN CON6ASON 1 30. +60 21+90 PROFILE 140 130 120 7 o§ 100. 90 80 70 60 17+40 17+70 18+00 18+30 22+20 22+50 22+80 23+10 23+40 23+70 24+00 24+30 24+60 24+90 25+20 25+50 25+80 26+10 AS-BU I LTS 06/16/09 a SBEETNo. C06 B OF 30 '21 PLAN 30' IT 0 SCALE IN FEET .7111,111 60 26+10 26+40 26+70 27+00 27+30 27+60 27+90 28+20 28+50 28+80 29+10 29+40 29+70 30+00 30+30 30+60 30+90 31+20 31+50 31+80 32+10 32+40 32+70 33+00 33+30 33+60 .33+90 34+20 34+50 34+80 PROFILE AS-BU I LTS 06/16/09 a U.1 R; 0-0 zct, v2:4 0_ a SHEET Na C07 7 OF 30 111 SILT FOXE °0 MflER720 20.) IDAIVR AR; FAS9041 TO, VINTA 917E or 7E1. L SOUTH AUGUSTA, INC. TAX MAP 88-0, PARCEL SILT frNLE DOUG BARNARD PARKWAY =7' .. = —ASS= •,,,. --. • c,, ------ us - — • xs ---- — _ .....„:„ ____ _ .._,,,,,.._ _ ..... . ..+ ..-- / •-- -- -- ....--._ ,, _ ..._._. _ i!x:i:f.F N .. 1.250.4.7 • .,... .. Fillair • NO IV NO. AMP OW .0100 AS =UAW ID 5; Z 'Igni CLIIISIRUCT 72 SEWN UTILITIES PROTECTION CENTER 1-800,82-7411 L SOUTH AUGUSTA, INC. TAX MAR 88-0, pARCEL 1.1 SCALE 1 rot • — — - — - - - - - - - PLAN . A . SILT SEVCS 10 18' 0 SCASE rt■ FEET OAS 140 130 120 100. 90 80 70 60 9 34+80 35+10 35+40 35+70 36+00 38+70 39+00 39+30 PROFILE 140 40+50 40+80 41+10 41+40 41+70 42+00 42+30 42+60 42+90 43+20 43+50 AS—BUILTS 06/16/09 A 0 LIS 0 a-o i c ; Z 4 8 14 VAg SHEET No. CO8 8 OF 30 , Li m.r TYPE A SILT Ma' �. "C" SILT rENCE wTBEL LocATED TO 7I=7.:" N h cw DIVING rw c rPrE ANC BAGOILL n"' crwuuav -aY CA DoT. ALCM A414 o ME' w ACCORDANCE / DDT., ` 74'.7 'g:= DOUG BAB50ARD HA INTO NH n sE 1 .�.. ..�. �.A� M L SOUTH AUGUSTA, INC. Al TAX MAP 88-0. PARCEt 2 wtyrox 0 — SBE DETAIL CIS BULNNEAD 30 IN AIN L SOUTH AUGUSTA, INC. X MAP 00-0. PARCEL 3 43 +50 43 +80 44 +10 44 +40 44 +70 45 +00 45 +30 45 +60 45 +90 46 +20 46 +50 46+ aerat — .sc (2- 40ER) pi:T care (8Nm'L0 ARV 00 Precva ww a ' Tmc0P7m . rm.) TENPUR EA0N5NT (IS' ' o s0E OF PERN 7741.) s M A COSTING SO' S HAS A SL of COBS (MIN. SLOPE 36. SS ). w NH iir FM Ss SS BE>MSS PLAN NOTE non, GEORGIA .E.R PVC-W-5654) TAX MAP EASCO, 7.°R PARCEL NC. m LQNSTP014 �,,,� 2.2 ^ , - TOR OF GAS LINE UtIL/TIES PROT[C4 CENSER Y art! IISOS OWEN OF SCHEME ALL BE EN STREW 001ONSTREAM M L SOUTH AUGUSTA, INC. TAX WW1 P A, PARCEL 1.0 T ARANTA GAS s TI5700 CCNPANY 006 -1420) mom ro ccNSmoonon 3C0 15 0 SCALE FEET m 47 +40 47 +70 48 +00 48 +30 48 +60 48 +90 49 +20 49 +50 49 +80 50 +10 50 +40 50 +70 51 +00 51 +30 51 +60 51 +90 52 +20 PROFILE AS = B U I LTS 06/16/09 9 50 19 S Y r4 P a s 58 g SHEET No. C09 9 OF 30 \ .., •,,,'- ../ 7. .., 7, , . , i; -"igN I / ,-., ,• '7.'1 --,,,„ --, _ :17 TO SP SS PAY ITEM. 140 130 120 110 5 100 90 80 70 60 52+20 52+50 52+80 53+10 53+40 53+70 54+00 54+ _ 77”, _ - •rom PO FERMAN:dr ESMT. (CENTERED ON ;REPOSED MAIN IN111RCEP,70.0 TEMPOI EASEMENT (13 17RIEP MOE or PRMIANVIT, 30 54+60 54+90 PLAN M L SOUTI-I AUGUSTA, INC. TAN MAP 74, PARCEL 1.33 55+80 56+10 56+40 56+70 57+00 PROFILE \ i \ .m ggc=1-`7,771 \ 7 7 777 7 7 • • ,• SILT FENCE --- REQUEST, TEMPORARY RELOCATON OF GUY WE BY BEILSOVOI TEMPORARY PLUG P3 CF B MR JD 0 1% BULKHEAD SOST. E SEW CON1RACTOR soto.o.,uor 57+30 57+60 57+90 58+20 58+50 58+80 59+10 59+40 59 AS-B MN IR 12515,4 I__ mWOPE rAPrigniANESLYA7Z (APPROX. 1E-.17113) UTILITIES PROTECTIDN CENTER SCALE IN FEET 140 130 120 .100 90 80 70 UILTS 06/16/09 .1: .1 ' I : : 1_1 011'11. 1111 1 60 70 60+00 60+30 60+60 60+90 a 1 5 l z J b , g i 1 'd 6 59 66 I 8 SHEET No. C10 10 OF 30 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 WVD POLICY NUMBER POLICY EFF (MM /DD /YYYY) POLICY EXP (MM /DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY INSURED Beam's Contracting, Inc. 15030 Atomic Road Beech Island, SC 29842 INSURER B : Great American Fidelity Insuran CLP3568791B 04/01/2012 04/01 /2013 EACH OCCURRENCE $1,000,000 PREMISES (Ea occurrence) $100,000 INSURER F : CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X PD Ded:1,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES PRO CT JE PER: 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 CAP3568798B 04/01/2012 04/01/2013 COMBIaccideNED nt) SI NGLE LIMIT (Ea � 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE TSUO20278900 04/01/2012 04/01/2013 EACH OCCURRENCE $6,000,000 AGGREGATE $6,000,000 DED X RETENT ON $10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC3568797 04/01 /2012 04/01/2013 X 7/ORYTLIMITS OTH- ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 A Leased or Rented Equipment CLP3568791B 04/01/2012 04/01/2013 $350,000 Limit $5,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space s required) Project: Closure of Abandoned Sewer in Doug Barnard Parkway Aud Project, Augusta, GA. At least thirty (30) days will be mailed to Owner, etc, as required by contract, in the event of cancellation, material change or refusal of renewal. All policies include a Waiver of Subrogation. ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/21/2012 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 Davis -Garvin Agency, Inc. - SC PO Box 21627 Columbia, SC 29221 -1627 800 845 -3163 CONTACT Ellen Bennett PHONE FAX Ext): 800 845 - 3163 (p/C N 803.732.3989 (E n Lo, ADDRESS: ebennett @davisgarvin.COm INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Bituminous Insurance Companies INSURED Beam's Contracting, Inc. 15030 Atomic Road Beech Island, SC 29842 INSURER B : Great American Fidelity Insuran INSURER C INSURER D : INSURER E : INSURER F : Client #: 4703 BEAMSCON COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION Augusta Richmond County Commission 530 Greene Street Augusta, GA 30911 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 t ACORD 25 (2010/05) 1 of 1 #S517542/M474127 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EWB