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CONTRACT DOCUMENTS AND SPECIFICATIONS FOR LAKESIDE DRIVE 6 INCH WATER MAIN PROJECT
CONTRACT DOCUMENTS FOR AND SPECIFICATIONS LA D 6 IN CH WATER MAIN PROJECT Augusta, Georgia The Honorable Deke S. Copenhaver, Mayor Commissioners: William Fennoy Corey Johnson Donnie Smith Alvin Mason Bill Lockett Ben Hasan Mary Davis Wayne Guilfoyle Marion Williams Grady Smith Tom D. Wiedmeier Director, Augusta Utilities Department Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 SEPTEMBER 2014 CONTENTS SECTION TITLE # OF PAGES I Invitation to Bid IB Instructions to Bidders 2 P Proposal 2 A Agreement 3 NA Notice of Award 1 NP Notice to Proceed 1 CO Change Order 1 BB Bid Bonds 2 PB Performance and Payment Bonds 5 GC General Conditions 52 SC Supplementary General Conditions 12 Standard and Technical Specifications: Section 311100 Clearing and Grubbing 3 Section 312300 Excavation Trenching and Backfill 15 Section 312500 Erosion and Sedimentation Controls 8 tioat Uility tribtin rns Section 331300 331219 Disinfecting of Dis Water u Utili ty Fi Dise Hydtriburation t 46 SECTION IB INSTRUCTIONS TO BIDDERS IB -01 GENERAL All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB -02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the conformation of the ground; the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work; the general and local conditions; and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the OWNER, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB -03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other pre -bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Geri A. Sams, Director of Procurement; Procurement Department; Room 605; 530 Greene Street; Augusta, GA 30901 and to be given consideration must be received at least ten days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by facsimile or U.S. mail to all prospective bidders (at the respective addresses furnished for such purposes), not later than five days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB -04 PREPARATION OF BIDS 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. IB -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. IB -2 ,SECTION P PROPOSAL D ate: 13 14- Gentl nt In compliance with your i for bids, the u b ereb y proposes to furn all labor, me and material, and perfo all work for th proj refe t o h ere i n a s: L AKE S ID E D RIVE 6 IN W ATER MAIN P RO JE CT I n strict accordance wit t Con Documents an in co ns i derat io n of th amo sh own on the bid schedule attached hereto and total S E scNT( � � t `► E - Ttt o v ' w- A, 1� NG a w t ti4� � I N E'T �Dv a o t�l,w�iS The undersigned hereby agrees that, upon written acceptance of this bid, he w ill within 10 days of receipt of such notice execute a formal contract agreement with the Owner, and that he will p the bond or guarantees required by the contract documents. The undersigned hereby agrees that, if awarded the contract, he will comm the work in accordance with required contract performance dates based upon a written notice to proceed per each qualified task order. The undersigned hereby also agrees that the work will be completed within a time frame reasonable to accomplish the work, or that which has been mutually agreed upon by the Augusta Utilities Department, based on the scope for work for the task order as assigned. The undersigned acknowledges receipt of the following addenda: Addendum No. Addendum Date t 1 1 7 A - 1 1 4- Enclosed is a bid guarantee consisting of 8 aq B 4 in the Amount of 1070 C �gt1/4 .c1c) Respectfully Submitted, Ovw %r1Y -Crain W .Soo not4S U Finn Ra•i oY )2 41 cv..NS, a 0 SO 4,4:3c\ Address By: 14vi TITLE: 1,4,t E e t_ P -1 ■ From:ARC PROCUREMENT 706 312 4602 09/25/2014 15:21 #229 P.004/004 _ AUGUSTA UTILITIES DEPARTMENT 'u ' WATER BID SCHEDULE Lakeside Drive Bid Tab ) I )iti . . i a �5 p , { ■ •i r i ..,!. i v .!, yf ? f : 1 1� � IT•:7,:::. q � t } 3 j pp�1 3 . �! r� tiT `� . ,., : d 1" Li ) c .� � � ..2 � .r. §ti e � z � � i Y�` � � i ->r , � �' trh A p to 4 y Y x � t � l � - � , i E >+ntv .�t��'t II tw 'F ' .. A ngiat ntW& T �.. ,, ..'ti 5 . ft . <G.4..`,.. t ;„Pik:., `,n'•:"ri .,i+ .: :, W1-J1 6" dia., PVC, water trans. Main, Class 900 Standard Joint 1565 LF (Q b°- f, W -2A 6" dia., PVC, water trans. Main, Class w , 900 Restrained Joint 95 LF Zd . — / QOO. W4 Miscellaneous water pipe fittings and •d connections 300 LBS 1. 22 C • Fire hydrant, installed complete with W-5 valve, lead pipe, joint restraint, ATV, /h� c A��� •,- and biockin. 2 EA `1 - 9 `" d • 6' i ine gate valve, in uding valve W -12A box, installed, complete, open 1 $S. 3 ..� left/n1, EA in- ne gate valve, nc uding valve W -12B box, installed, complete, open ' 2�. - 'i ,.h 1 EA New 1" service, installed including W -13A reconnection and new meter box, � com • lete ve • sizes 9 i A 13/0 l 1 t� 9�. �� W -16 Tie in to existing 8" line 1 EA 1 o ZS. •= 1C.) 2— °- W-21 Cut and Plug existing water line 1 EA Sees. S-oo, •,:-. - p = ' ove ay, • _ , ■ is , P 1 minimum 100 SY 42 i 4 ?-00- = Graded aggregate base, 10.5" thick, p.2 3' wide and asphalt patch 2.5" thick, including removal of 2.5" GAB and 3' o, placement of bituminous tack coat 20 SY j 7 1 ' _ Z p.d Milling 100 SY Illreaall ' so o , Select Baccfill, GDOT Type I. Class l M4 & II (Sand/Clay) - Measured in -place 2 • 4b41 volume 1796 CY e�ii Y' , �. , : , �. , L ' iM. LS-1 Misc.ltems :�:, ...:.r.:.:::.,..:...s<`' . •. . ::. .. h.. i.:.:. .l,. r. .. to- .. ... ... .. . . , .... :, SUB TOTAL i GRAND TOTAL ,':;::;;,'... NOTE: AUGUSTA UTILITIES DEPARTMENT • LAKESIDE DRIVE 6 INCH WATER MAIN PROJECT LUMP SUM CONSTRUCTION • Mobilization, Demobilization • Bonds, Insurance • Abandon existing water valves • Remove and reset rolled curb • Remove and reconstruct headwalls • Remove and reset fences, All types • Remove and reset driveways, All types • Remove and reset gates, All types • Remove and reconnect water services • Remove and reset signs, type varies • Raise valve boxes to grade • Remove and reset water sprinkler systems, complete • Remove and reset water meters, size varies • Remove and reset yard lamps, type varies • Remove and reset mailboxes, type varies • - Erosion and sediment control (temporary grassing, construction exists, rip -rap, misc. Erosion Control structures) • Silt fence, Type "N' • Silt fence, Type "B" • Silt fence, Type "C" • Traffic control • Reconstruct Dirt Road Sections • Miscellaneous grading • Permanent grassing G &� U R' G I A NOTICE TO ALL BIDDERS (PLEASE READ CAREFULLY) ADHERE TO THE BELOW INSTRUCTIONS AND DO NOT SUBSTITUTE FORMS PLEASE READ CAREFULLY: Attachment B is a consolidated document consisting of: 1. Business License Number Requirement (must be provided) 2. Acknowledgement of Addenda (must be acknowledged, if any) 3. Statement of Non - Discrimination 4. Non - Collusion Affidavit of Prime Bidder /Offeror 5. Conflict of Interest 6. Contractor Affidavit and Agreement (E- Verify User ID Number must be provided) Attachment B Must be Notarized & all 3 Pages Must be returned with your submittal - No Exceptions. Business License Requirem - nt: Contractor must be licensed in the Governmental entity for where they do the majority of their business. Your company's business license number must be provided on Page 1 of Attachment B. If your Governmental entity (State or Local) does not require a business license, your company will be required to obtain a Richmond County business license if awarded a Bid /RFP /RFQ. For further information contact the License and Inspection Department @ 706 312 -5162. Acknowledgement of Addenda: You Must acknowledge all Addenda. See Page 1 of Attachment B. E- Verify * User Identification Number (Company I.D.) The recommended awarded vendor will be required to provide a copy of Homeland Security's Memorandum Of Understanding (MOU) Affidavit Verifying Status for Augusta Benefit Application (S.A.V.E. Program) (Must Be Returned With Your Submittal) Return Only If Applicable: 1. The Exception Sheet (if applicable) 2. Local Vendor Registration (if applicable) DO NOT RETURN AT THIS TIME: 1. Georgia Security and immigration Subcontractor Affidavit 2. Non - Collusion Affidavit of Sub - Contractor Note: The successful vendor will submit the above forms to the Procurement Department not later than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote the date forms are to be received). WARNING: Please review "Notice to Bidders" regarding Augusta Georgia's Local Small Business Opportunity Program Bidder Requirements. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Bids /RFPsIRFQs are publicly opened. It is your responsibility to ensure that your company has met the Specifications and Licenses' requirements prior to submitting a Bid1RFPIRFQ. Rev. 2/5/2013 Bid 14 -211 Lakeside Dr 6 Inch water Main Project Page 8 of 23 • ft Ii: Q ` •:E' ,d 'RI;'i' :I: A Attachment B You Must Complete and Return all 3 pages of Attachment B with Your Submittal. Document Must Be Notarized. Augusta, Georgia Augusta Procurement Department ATTN: Procurement Director 530 Greene Street, Suite 605 Augusta, Georgia 30901 Name of Bidder: ©vic►t.�-f`( tt.Wt \A k`T'E . .5 (Arno NS L� Street Address: o • 1841 City, State, Zip Code: eV vAt.6 as 3080 Phone: "'Iota- 51.3 q ItS Fax: - lcta — 8 41 Email: T5vtc4 3 v mil• ca Do You Have A Business License? Yes: ✓ No: Business License # for your Company (Must Provide): IV 8QrS Company must be licensed in the Governmental entity for where they do the majority of their business. If your Govemmental entity (State or Local) does not require a business license, your company will be required to obtain a Richmond County business license if awarded a Bid/RFP/RFQ. For further information contact the License and Inspection Department @ 706 312 - 5162. ^ Listthe State. City & County that issued your license: 14 $4S ' (2'4 11o►►ab 1 l: Acknowledgement of Addenda: ( #1) ✓ : ( #2) : ( #3) : (#4) : ( #5)_ (#6) : ( #7) : (#8) : NOTE: CHECK APPROPRIATE BOX(ES1- ADD ADDTTIONAL NUMBERS AS APPLICABLE Statement of Non - Discrimination The undersigned understands that it is the policy of Augusta, Georgia to promote full and equal business opportunity for all persons doing business with Augusta, Georgia. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by Augusta, Georgia. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor /supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses, in conformity with Augusta, Georgia's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding /contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of non - discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; That the promises of non - discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling Augusta, Georgia to declare the contract in default and to exercise any and all applicable rights remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract. Bid 14-211 Lakeside Dr 6 Inch water Main Project Page 9 of 23 Attachment B - Page 2 of 3 Non- Collusion of Prime Bidder /Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conflict of Interest By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this ITB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub - consultant(s) has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. You Must Complete and Return all 3 paces of Attachment B with Your Submittal. Document Must Be Notarized. Bid 14 -211. Lakeside Dr 6 Inch water Main Project Page 10 of 23 Attachment B - Page 3 of 3 Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia Board of Commissioners has registered with and is participating in a federal work authorization program* any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in 0.C.G.A 13- 10 -91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta, Georgia Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta, Georgia Board of Commissioners at the time the subcontractor(s) is retained to perform such service. Georgia Law requires your company to have an E- VerifyUser Identification Number (Company I.D.) on or after July 1, 2009. For additional information or to enroll your company, visit the State of Georgia website: https: / /e - verifv.uscis.aov /enroll/ and/or http:// www .dol.state.aa.us /Ddf /ruies/ 10 1.odf * * E Verify * User Identification Number (Company I.D.) 7-3333S NOTE: VENDOR WILL BE REQUIRED TO PROVIDE A COPY A HOMELAND PROVIDED: AWARDED ELAND SECURI (MOU) MEMORANDUM OF UNDERSTANDING OU) The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta, Georgia Board of Commissions specifications which govem this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. 1 further understand that my submittal will be deemed non - compliant if any part of thls process is violated. Qvvtt.t'r( $ro£Wi W ' £_,.)c trrt.ow.S (-LC. . ~P� ' NEL , Dq'�1 t1 Company Name Q• , .. F r / v �oTA 4, - • BY: Authorized Offi • ent r r (Contractor Signature 9 0 obu tG 1 `r� ?oilier r.)(.12_ , I Y ''' Ai V/y 09, ' 6 .A °i Title of Authorized Officer or Agent of Contractor 1i ` ...--•_,* p = N �� r - T o*- S ,o. Pis Printed Name of Authorized Officer or Agent SU= • • IBED AND S = :N BEFORE M •N THIS TH DAY O , 20 4 4PP/ / i , y4RY SWAM .�t. ublic ( J ' � P G NE . oq. , f My Com ion Expires: _ . J • ' �QT.q, � ( 0, - : • - . You Must Complete and Return all 3 pages of Attachment B with Your Submittal. Doc a e s REV. 8/15/2011 '1! 2je • .. ;:.:11:•••.. c. -k ,,, Bid 14 -211 Lakeside Dr 6 inch water Main Project Page 11 of 23 ii., V G J �� .Q' ") ,. f' A You Must Complete and Return with Your Submittal. Document Must Be Notarized Systematic Alien Verification for Entitlements SAVE Program Affidavit Verifying Status for Augusta, Georgia Benefit Application By executing this affidavit under oath, as an applicant for an Augusta, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, Contract or other public benefit as reference in O.C.G.A. Section 50 -36 -1, I am stating the following with respect to my bid for an Augusta, Georgia contract for L * % 4 — Z % C -AINE �1LtIL (D" W'A"t 1MN%N 1 r IBid/RFP/RFQ Project Number end Project Name] Hest. ..5 jPrint/Type: Name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity) Qvv►tAT'C SI 11J0(1 -Cot.0 rtoNS r GLL (Print/Type: Name of business, corporation, partnership, or other private enttyj 1.) ✓ I am a citizen of the United States. OR 2.) I am a legal permanent resident 18 years of age or older. OR 3.) I am an otherwise qualified alien (8 § USC 1641) or nonimmigrant under the Federal Immigration and Nationality Act (8 USC 1101 et seq.) 18 years of age or older and lawfully present in the United States. In making the above representation under oath, 1 understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent sta : , nt or representation in an affidavit shall be guilty of a violation of Code Section 1640 -20 of Official Code of Georgia. �� �Et. � � 1 it ,i :42. . • ��' •. •.• Signature of Ap li O • + _ _ ; 1 Slaps 0 0 : A .G i Q� Printed Name 0 0 • p + V B�' 's: G? ' N(.A l 0. O .o , ,- * 1 : ' il . ••:.•°• .` .c * Alien Registration Number for Non - Citizens k " 4 CO V?� S' BS' ; BED AND S O' BEFORE M 0 THIS THE DAY 0 (c4 • • 4". t.: Pubic lor , C G � ' t.L - Dq : � � 10 + My . Expires a t 0;� y � A .0 2D 0 ' t. I. ( JBV I 4) /c e Note: THIS FORM MUST BE RETURNED WITH YOUR SUBMITTAL ' r i l 6 , e 1c2.2; :;� `® , REV. 9/ ,`` -.i A C � O__ Bid 14-211 Lakeside Dr 6 Inch water Main Project Page 12 of 23 • a . 6 0 R. a t "A In accordance with the Laws of Georgia, the following affidavit is required by aN vendors NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR / /e.. C11 certify that this bid or proposal Is made without prior underst agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. 1 understand collusive bidding Is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. Af5jint further tesfhat puwant to O.0 VA Section 38 -91 -21 (d) and (e), twat rt_ Wuerr c " f j, has not, by itself or with others, directly or indi , prevented or attem ed prev t o6mpetition in such bidding or proposals by any means whatsoever. Affiant further states s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. Affiant further states that the said offer of ( (it -c a.�ipt 1440 t G,._ is born fide, and that no one has gone to any supplier and attempted to get .e,D person or compantrio furnish the materials to the bidder only, or if furnished to any other bidder. that the material shall be at a higher price. Signature of Authorized Company Representative hwacr Title n to and subscribed before me this as day of tC.4 obey' , 20,6 Notary Signature � Notary Public: S I iP e, T V (Print Name) County"Zt C,A 1f�' eels. C Alt P UB V 2 Commission Expires: Q 9 2 1 NOTARY SEAT. � - '�'4, 4.10. 3 C I op o y c Noteario, County, Georgia Is itY Ex:** sect 29, 2017 Note: The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendetlon" (Vendor's letter will denote the date forms ere to be received). iiw. 7/22/2013 iNd item 014-211 Lakeside Drives Inch Water tight Project Eitingswy Page 3of3 ' O R STATE OF GEORGIA - COUNTY OF RICHMOND BID/RFPIRFQ# /1 SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.GA 13- 1 0 -91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with Zinee rs io6it+ls on behalf of Augusta Richmond County Board of Commissioners has e llfa>ii gistered with and is participating in a federal work authorization program* (any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), PL. 99 -603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13- 10-91. /DO/,''1/43 E- Verify *User identification Number &AO " yet. — r4 rue /sHAIL !sitd i, &. Compel y)Namne BY: Authorized Officer or t (Contractor Signature) 4 ' , Title of Authorized -Y or Agent of Contractor Georgia Law requires your company to have an J / / �,h� O�LC]'�/'1 E VertfylUseer identification Number on or after July /`K. J��� /I' 1, 2009. Printed Name of Authorized Officer or Agent For additional information: State of Georgia htb//www.dot.state.oaa.uslndf - : jC e4 4 1,ndf SUBSCRIBED AND SWORN BEFORE ME ON THIS THE httas: //et veerifv.useis.00vie DAY OF Darker , 2011 sOrdll4A Notary Pudic t�t� !'♦Ib Richmond CONltit�t. `+ at* cif My Commission Expires: M rlNl Richmond Cxpi es Sept. 29, 2017 NOTARY SEAL *6 CO Note: The successful vendor will submit the above forams to the Procurement Department no later then five (5) days after receiving the "Letter of Recommendation" (Vendor's letter arils denote the date fonns are to be received). REV. 7/22/3012 Bid kw #14 -211 Lakeside Drive 8 Inch Water Main Project Emergency Pap 2M3 � se _ Company erg YER2fY 28 f A !LRVtCi o► 6X! n Numbe ;� THEE VERIFY EMPLOYMENT VERIFICATION L MEMORANDUM OF UNDERSTAND ART I CLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Quality Storm Water Solutions. LLC (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E -Verify program and enumerates specific responsibilities PROGRAM FOR of DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1 -9). For covered govemment contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E- Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification ", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE 11 FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 1 of 131E -Verify MOU for Empioyer1Revision Date 10/29/08 � , y w.dhs.tj Verify - er ■ -FIR • ,RS M f3 A a[RVies or ONr Company ID Number ;233338 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for aliens through E- Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on alien employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verify process. 3. DHS agrees to provide to the Employer a manual (the E- Verify User Manual) containing instructions on E- Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verify. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E -Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative Page 2 of 131E - Verily MOU for EmployerlRevision Date 10/29/08 vv.vw.dhs. yov,E- Verift' I N: :a eru rI,is .rtr v ea:rx :s a ssev:te ar axe Company ID Number: 233338 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E- Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E- Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use of E- Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1 -9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E- Verify at 888- 464 -4218. • If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form 1 -766 (Employment Authorization Document) to complete the Form 1 -9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1 -9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. Page 3 of 131E - Verify MOU for EmployerlRevision Date 10/29/08 www.dhs.9ovlE-Verify p �� srt erg C Y L MIRY SEA SERVICE 6t DP! Company ID Number. 233338 6. The Employer understands that participation in E- Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1 -9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E- Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1 -9 compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E -Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1 -9 have been completed), and to complete as many (but only as many) steps of the E- Verify process as are necessary according to the E- Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1 -9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1 -9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E -Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E- Verify procedures for pre - employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E- Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E -Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking Page 4 of 131E -Verify MOU for EmployeriRevisdon Date 10/29/08 www.dhs•9ovIE- Verify ,� r4 SECy� • ,*•t: en : r 'U:IY' r- [ V[N2S2 2E A Smus or DNS Company ID Number. 233338 adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non - match, the Employer is required to take affirmative steps (see Article 111.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non - match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E- Verify at 1- 888 - 464 -4218 or OSC at 1-800- 255 -8155 or 1- 800 - 237 -2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E -Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or. sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration- related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Verify. If the Employer has any questions relating to the anti - discrimination provision, it should contact OSC at 1- 800 - 255 -8155 or 1- 800 -237 -2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or to print the screen containing the case verification number and attach it to the employee's Form 1 -9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E Verify and this MOU only to confirm the employment eligibility of employees as Page 5 of 13IE- Verify MOU for EmployerIRewision Date 10/29/08 www.dhs.gov /E - Verify �r' 1 ; . . k � i , ' 4r t .. 'E-VERIC/ I$ R BERVIC OT DNS Company ID Number. 233338 authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its employees regarding the Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E- Verify. a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in E- Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E -Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E- Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E -Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E -Verify as a Federal contractor for 90 days or more at the time of a contract award must use E- Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E- Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E- Verify must initiate verification of each employee assigned to the Page 6 of 131E - Verify MOU for EmployerlRevision Date 10/29/08 www.dhs.gov/E- Verify /I er � gst[r I [- VE[ifY 13 a 7\ o[ 013 ryl Company ID Number: 233338 contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Institutions of higher education, State, local and tribal govemments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local govemments, govemments of Federally recognized Indian tribes, or sureties dies to performing under a takeover agreement entered into with a Federal agency pursuant performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and /or all existing employees hired after November 6, 1986. The provisions of Article ILD, paragraphs 1.8 and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal govemments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. e. Form 1 -9 procedures for Federal contractors: The Employer may use a previously completed Form 1 -9 as the basis for initiating E -Verify verification of an employee assigned to a contract as long as that Form 1 -9 is complete (including the SSN), complies with Article 11.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1 -9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1 -9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1 -9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1 -9 consistent with Article II.C.5, or update the previous 1 -9 to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1 -9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the E- Verify User Manual. Nothing in this section shall be construed to require a second verification using E- Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor. 2. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. No 7 of 13IE•Vedfy MOU for Employer }Revision Date 10129/08 www.dhs.govIE- Verify eri N k l y VttITY I3 A DttViC6 O► NS Company ID Number. 233338 ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system - generated referral letter and instruct the employee to visit an SSA office within 8 Federal Govemment work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Govemment work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non- match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non - match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible Page 8 of 131E- Verity MOU for EmployegRevision Date 10/29/08 www.dhs.govlE- Verify sra • ti l It V6ASFY t3 71 SUMS Of DIU Company ID Number 233338 after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Govemment work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non- match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Govemment work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non- match, the Employer will send a copy of the employee's Form 1 -551 or Form 1 -766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (fumished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non - match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non - match. ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E- Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E- Verify program by DHS or SSA, including but not limited to the E- Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E- Verify User Manual. Even without changes to E- Verify, DHS reserves the right to require employers to take Page 9 of 131E - Verify MOU for EmpbyerlRevision Date 10/29/08 www.dhs.gov/E- Verify � y ide LViRf fY S11 fLLVCompany ID Number. 233338 mandatory esher tutorials. An Employer that is a Federal coractor may terminate is MOU wen the Feral contract that requires its particpation in -Veriy s termnate complet. n such a circumstance, the Federal contractor must pro written notce to If an Employer that is a Federl contractor fais to provide such notie, that Employer wll re a p in the E- Veri pr wil remain b by the ter o f this MOU that appl t o non - F co ntractor partic and will be re quired to use the E- Ve rify pro to ve rify the employment el of all newly hired employees. B. No Article V, part A of this MOU, DHS may te this MO if d ee m ed ne beca of the r of l aw or po licy , or upon a dete by SSA o r . DHS that there has be en a breach o f system integrity or se curity by t he Employer or a fa on the part of the Employer to comp wit established p or l re The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E- Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, induding but not limited to, Congressional oversight, E- Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 10 of 131E-Verify MOU for EmployerlRevision Date 10/29/08 www.dhs.gov /E-Verify • • ,. T ati stco • w y _ eri VERITY ti x SLRNSti CI DNS Company ID Number. 233338 To be accepted as a participant in E Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E- Verify at 888 - 464 -4218. Employer &Witty Storm ° Water Solutions, LLC Theron , . Name (Please or Print) Title Electronically Sigel 07/27/2009 Signature Date DePartment of Homeland Security - Verification Division DIS Vn Division Name (Please Type or Print) Title Electronically Signed 07/27/2009 Signature Date Page 11 of 131E Verify MOU for EmployerlRevision Date 10/29108 www.dhs.gov /E- Verify am 3, • erg 131! , [ ^ ViAI ►Y IS A liAVICi OT DNS Company ID Number. 233338 Information Required fame E erify Program information relating to your Company: Company Name: Quality Storm Water Solutions, LLC Company Facility Address: 892 North BelAir Road Evans, GA 30809 Company Alternate Address; 437 Cambridge Circle Martinez, GA 30907 County or Parish: COLUMBIA Employer Identification Number: 202370988 Nor. American Industry Classification Systems Code: 221 Parent Company: Number of Employees: 1 to 4 Number of Sites Verified for: Are you verifying for more than 1 site? if yes, please provide the number of sites verified for each Stow • GEORGIA 1 site(s) Page 12 of 131E -Verify MOU for EmployeriRevision Date 10/29/08 www.dhs.gOVIE- Verify Vera Or � IL- VLittY 28 A BiAVtti of DNs Company ID Number. 233338 information , relating to the Program Admmn r(*) for your Company on policy questions or operational Name: Theron ..0 Sapp Telephone Number. (706) 210 - 8046 Fax Number: (706) 210 -8047 E-TnEli `Addres§: TSnap3aaol.eom Page 13 of 131E -Verify MOU for EmployerIRevision Date 10/29/08 ww'w.dhs.goviE- Verify 1. lLifr ?yi " Local Small Business Opportunity Program Ordinance Requirements Notice To All Bidders (pLEASE READ CAREFULLY) Shall apply to ALL Bids /RFPs /RFQs regardless of the dollar amount In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractors agree 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 upon request. The requirements of the Local Small Business Opportunity Program can be found at www.auoustaga.gov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any as required by Augusta, Georgia. Such utilization reports 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. Required forms can be found at www.auqustaga.uov. If you need assistance completing a form or filing information, please contact the LSBO Program office at (706) 821 -2406. 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. To print a copy of the Prime Contractor Data Collection Form visit: htto://www.auqustaqa.00v/index.asoONID=1672 For questions and or additional information please contact: Mrs. Yvonne Gentry Local Small Business Opportunity Program 530 Greene Street, Room 305 Augusta, Georgia 30901 (706) 821-2406 Website: http:// www. auqustaga.gov /index.aspx ?nid =83 Bid 14 -211 Lakeside Dr 6 Inch water Main Project Page 15 of 23 SHALL APPLY TO PROJECTS $100,000 & UP Local Small Business Opportunity Program (Continued) Sec. 1 -10 -129. Local small business opportunities program participation. (a) Sealed Bids, Sealed Proposals, Professional Services And Other Major Purchasing. The following procedures and contract requirements will be used to insure that local small businesses are encouraged to participate in Augusta, Georgia contracts, including but not limited to construction contracts, requests for professional services and the performance of public works contracts. The Augusta, Georgia user department shall indicate goals for local small business in all solicitations for contracts over $100,000 in value: (1) Bid conditions, requests for proposals, and all other specifications for contracts awarded by Augusta, Georgia will require that, where subcontracting goal is utilized in performing the contract, the bidder or proponent, will make Good Faith Efforts to subcontract with or purchase supplies from local small businesses. Bid specifications will require the bidder or proponent to keep records of such efforts that are adequate to permit a determination of compliance with this requirement. (2) Each bidder shall be required to provide documentation of achieving goal or provide documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed, recorded on the form(s) provided or made available as part of the bid package. If there are no sub - contracting opportunities, bidder shall so indicate on the appropriate form. (6) Ali bid documents shall require bidders or proponents to submit with their bid the following written documents, statements or forms, which shall be made available by the Procurement Department. (i) Non- Discrimination Statement which shall affirm the bidder's: (a) adherence to the policies of Augusta, Georgia relating to equal opportunity in contracting; (b) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (c) agreement not to engage in discriminatory conduct of any type. (ii) Proposed Local Small Business Subcontractor /Supplier Utilization Plan. (iii) Documentation of Good Faith Efforts to use local small businesses. Failure to submit the above documentation shall result in the bid or proposal being declared non- responsive. (d) Post Contract Award Requirements. The purpose of this sub - section is to establish requirements for contractor compliance with the LSBOP after a contract has been awarded. This is incorporated into all Augusta, Georgia Contracts for which a local small business goal has been established or negotiated. (1) Contractors shall have an affirmative, ongoing obligation to meet or exceed the committed local small business goal for the duration of the contract. The Augusta, Georgia may deem a contractor to be in violation of the LSBOP and in breach of its contract if at any time Augusta, Georgia determines that: (a) The contractor will not meet the committed local small business goals; and (b) the reasons for the contractor's failure are within the contractor's control. For example, if a contractor does not meet the local small business goal because the contractor terminated a local small business without cause or If the contractor caused and local small business to withdraw from the project without justification, then Augusta, Georgia is justified in finding the contractor to be in violation of the LSBOP. (h) Compliance. (4) The Director of minority and small business opportunities shall be responsible for evaluating good faith efforts documentation and subcontractor information submitted by bidders in conformance with, the AUGUSTA, GA. CODE and any State and Federal Laws applicable to any bid specifications for competitive sealed bid or competitive sealed proposal projects prior to award of the contract. (I) Competitive Bids. Nothing in this Policy is to be construed to require Augusta, Georgia to award a bid contract to other than the lowest responsible bidder, or to require contractors to award to subcontractors, or to make significant material purchases from local small businesses who do not submit the best overall pricing to Augusta, Georgia. Sec. 1-10-130. Exceptions — federally funded projects. In accordance with § 1 -10 -8 and Chapter 10B, the LSBOP shall only be utilized with federally funded projects, solicitations or contracts as authorized by federal (and Georgia) laws, regulations and conditions applicable to such projects. To the extent that there are any conflicts between any such laws, regulations or conditions and the LSBOP, the federal (and Georgia) laws, regulations and conditions shall control. For questions and or additional information please contact: Mrs. Yvonne Gentry, Local Small Business Opportunity Program, 530 Greene Street, Room 305, Augusta, Georgia 30901 (706) 821 -2406. VOTE: All forms should be submitted in a separate, sealed envelope labeled Local Small Business Required Forms, Company's Name & Bid Number. Bid 14 -211 Lakeside Dr 6 Inch water Main Project Page 16 of 23 Local Small Business Goal The Local Small Business Opportunity Program provides for Local Small Business goals to be set on all applicable Augusta, Georgia procurements over $100,000 in value.1 The Local Small Business goal for this procurement is: 3 All bidders or proposers shall submit the following with their bid or proposal as required by Augusta, GA Code § 1 -10 -129:2 1. Non - Discrimination Statement: As required by the Procurement document 3 2. Proposed Local Small Business Subcontractor /Supplier Utilization Plan. 3. Documentation of Good Faith Efforts to use local small businesses. 4. Local Small Business Utilization document. Failure to submit the above documentation shall result in the bid or proposal being declared non - responsive. 1 Even when a solicitation does not contain a Local Small Business goal (or the goal is set at zero), each Bidder must negotiate in good faith with each local small business that responds to the Bidder's solicitation and each local small business that contacts the Bidder on its own accord. Self - performance does not exempt Bidders from Local Small Business Opportunity Program requirements unless the self - performer is a qualified and registered Local Small Business. All of the requirements of the Local Small Business Opportunity Program can be found in Augusta, GA Code, Chapter 10B. 2 Applicable forms are available on Augusta Georgia's Disadvantaged Business Enterprise website: www.augustaga.gov. 3 Only one Non - Discrimination statement is required "See Attachment B ". Bid 14 -211 Lakeside Dr 6 Inch water Main Project Page 17 of 23 Local Small Business Opportunity Program Requirements Augusta, Georgia has adopted a race and gender neutral Local Small Business Opportunity Program (LSBOP). See Augusta, GA Code, Chapter 10B. Bidders are encouraged to carefully review the all of the requirements of the LSBOP which can be found on Augusta, Georgia's Disadvantaged Business Enterprise Department website (www.atmustaga.gov). All of the requirements of the LSBOP become covenants of performance upon award of this procurement. The LSBOP provides for Local Small Business (LSB) goals to be set on all applicable procurements over $100,000 in value and even when a solicitation does not contain a LSB goal, each Bidder must negotiate in good faith with each local small business that responds to the Bidder's solicitation and each local small business that contacts the Bidder on its own accord. Self- performance does not exempt Bidders from the LSBOP requirements unless the self- performer is a qualified and registered LSB. (See Augusta, GA Code § 1 -10 -129). I. The pre -award requirements of the LSBOP are material conditions of this procurement. A Bid shall be rejected if it is determined that a Bid fails to meet the required LSBOP requirements, including but not limited to, failing to provide the Required Pre -Award Bid Submittal documents, failing to provide commitments to achieve the applicable Project Specific LSB Goals (or the Bidder's documented Good Faith Efforts to do so). A Contractor's failure to carry out in good faith its Project Specific Goal commitments in the course of the Contract's performance shall constitute a material breach of the Contract and a violation of the AUGUSTA, GA CODE. If the breach is not cured within a reasonable amount of time, it may result in the termination of the Contract or such other remedies afforded by Federal, State or Local law. I1. Good Faith Efforts. • Pursuant to AUGUSTA, GA CODE SEC. 1-10-125(4) Good Faith Efforts shall be used by a bidder to seek Local Small Businesses to participate as a subcontractor or supplier. Such good faith efforts include, but are not necessarily limited to, the following actions: (a) Including qualified Local Small Businesses in the prime contractor's solicitations for subcontractors and suppliers. (b) Assuring that local small businesses are solicited whenever such business enterprises can perform a commercially useful function. (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of Local Small Businesses. (d) Establishing delivery schedules, where the requirements of the prime contract permit, which encourage participation of Local Small Businesses. (e) Using the services and the assistance of the Director of minority and small business opportunities in the Identification of qualified local small businesses and negotiating subcontracts and supply contracts with such enterprises. (f) Requiring each first tier subcontractor to take the affirmative steps outlined within the AUGUSTA, GA CODE with respect to the identification and usage of second or third tier sub - contractors. (g) Placing notices of opportunities for qualified Local Small Businesses to perform subcontracting work on the eligible project in newspapers, trade journals, and other relevant publications, including publications specifically targeted to local small businesses, or communicating such notices of opportunities via the Internet or by other available media or means. (h) Designating portions of the work for Local Small Business subcontracting in trades with available Local Small Business subcontractors. (i) Providing a minimum of five (5) day notice to Local Small Businesses when requesting bids or proposals for furnishing material or services as a subcontractor or supplier. 111. Required Pre -Award Bid Submittals. Pursuant to AUGUSTA, GA CODE SEC. 1 -10 -129 the following procedures and contract requirements will be used to insure that local small businesses are encouraged to participate in Augusta, Georgia contracts: Bid 14 -211 Lakeside Dr 6 Inch water Main Project Page 18 of 23 (a) Each bidder shall be required to provide documentation of achieving the LSB goal or provide documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed. If there are no sub - contracting opportunities, bidder shall so indicate on the appropriate form. Forms may be found on the official website of Augusta, Georgia. (b) Each bidder shall submit with their bid the following written documents, statements or forms, which are available at the Disadvantaged Business Enterprise Department and on the Disadvantaged Business Enterprise Department website: (1) Non - Discrimination Statement which shall affirm the bidder's: (i) adherence to the policies of Augusta, Georgia relating to equal opportunity in contracting; (ii) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (iii) agreement not to engage in discriminatory conduct of any type. (2) Documentation of Good Faith Efforts to use local small businesses. (3) Proposed Local Small Business Subcontractor /Supplier Utilization Plan. (4) Executed Letter(s) of Intent with entities identified in LSB Utilization Plan. Failure to submit the following documents in accordance with these requirements will cause the Bid or proposal to be declared non - responsive. Augusta, Georgia reserves the right to request supplemental information regarding a Bidder's submissions and the Bidder shall furnish such information in a timely manner. Failure to furnish information or otherwise cooperate may result in the rejection of the Bid. IV. LSB Utilization Plan. The Bidder must submit with its Bid a completed LSB Utilization Plan. The LSB Utilization Plan shall list the Subcontractor or Supplier's name(s), business address(s), telephone number(s), e- mail(s) and the name of the principal contact person(s) of each Subcontractor(s) or Supplier(s) intended to be used in the performance of the Contract, including firms proposed as to meet the Project Specific Goals. Where the solicitation requires the Bidder to submit a base bid and one or more alternates, the LSB Utilization Plan must demonstrate the Bidder's achievement of the Project Specific Goal(s) or its Good Faith Efforts to achieve the Project Specific Goal(s) on the base bid. V. Letters) of Intent. The Bidder shall submit with its bid completed Letter(s) of Intent (LOI) utilizing the Letter of Intent format provided by the Disadvantaged Business Enterprise Department documents. The LO1 must be executed by an authorized representative of the local vendor identified on the Utilization Plan and by the authorized representative of the Bidder. The LOI must accurately and completely detail the work to be performed and /or the materials to be supplied, and the agreed rates and/or prices to be paid. All Utilization Plan commitments must conform to those included in the submitted LOIs. The LOl will become a binding contract covenant upon the Bidder's receipt of a signed contract from Augusta, Georgia. VI. Post Award Requirements. (a) Substitutions, Additions or Deletions of LSB Subcontractors or Suppliers. In accordance with the requirements of the LSBOP, the Contractor shall provide the User Department, the Director of minority and small business opportunities and the Procurement Director written notice prior to replacing or terminating a LSB on a contract and must comply with the Good Faith Efforts requirement to replace the departing local small business with another local small business. Likewise, when new opportunities for subcontracting arise on a contract and Augusta, Georgia sets a supplemental local small business goal, the contractors shall comply with the Good Faith Efforts set in an effort to meet the supplemental local small business goal. Bid 14 -211 Lakeside Dr 6 Inch water Main Project Page 19 of 23 (b) Contract Monoring } (1) Monthly Utilization Reports To evaluate the effectiveness of the LSBOP, Augusta, Georgia monitors the participation of Subcontractors and Supprs Georgia contracts. Each Contractor must submit a Monthly Utilization Report of Subcontract Payments by the 15 of each month. The Monthly Utilization Report must reflect, from on projec star` to date, the Contractor's receipt of payments from Augusta Georgia and the utilization lie of and payments to all Subcontractors or Suppliers identified in the Utilization Plan. Failure to submit Augusta t a completed monthly Status Report will be considered a contract breach. it Return all Utilization_Reports to: Disadvantaged Business Enterprise Department 530 Greene Street Room 306 Augusta, Georgia 30901 (2) Monitoring Procedures Procedures for monitoring contract compliance may include, but are not limlted to, site visits or telephone audits; consideration of requests for substitutions, additions, deletions, or change orders; and review and verification of payments to Subcontractors or Suppliers as documented by the Monthly Utilization Status Reports of Subcontractor /Suppliers Payments. Bid 14 -211 Lakeside Dr 6 Inch water Main Project Page 20 of 23 PROJECT. Lov.estiie. AL. a41 hcoi �-. LOCAL SMALL BUSINESS 0PPOR7'UM7 YPROG RAM LE7TER OF INTENT TO PERFORM AS A SUBCOI iSULTANTISUBCONTRACTOR/SUPPLa TO: Dejiiiir r .W►. t!�' - i~uTtOe-PS GL-G (Name of Proposer) A. The undersigned intends b worm wait in connection w% h the above project 1n the following capacity (check one): Y individual • C� (LLC) Limited Usbltty fey Partnership _ Join, Venture B. The Local Small Business Opportunity Program (LSBOP) status of the undersigned is confirmed as follows: By attachment of a current Certificate of Certification issued by the Dept of Transportation By attachment of a current fetter issued by the Disadvantaged Business Enterprise Office C. The undersigned is prepared to perform the fatiowing work in connection with ti a above pry OJE D. The undersigned states that they will be performing % of the total project. E. The undersigned wilt sublet and/or sward F .96 of this subcontract to non -Local Small Business Opportunity Program contractors and /or suppliers. The undersigned will enter into a formal agreement for the above described work with the Proposer cited above conditioned upon the execution of a contract for the project died herein between the P opoeer and Augusta. Richmond County. G cor i rt, 61,41;0411- %Fei_. ? &frl;4 e*o 4rJ�/ . Dols: X 9 - /4 (LS ,,, :. ,. Firm Name) 7 By 4 1 (Signature — of Authorized '; .: ` ) end 14.21i tamed. Or 6 inch way to. PAM, Rage 21 of 26 . t. LOCAL SMALL BUSINESS UTILIZATION The undersigned bidder /offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): ✓ The bidder /offeror is committed to a minimum of 3 % LSBOP utilization on this contract. The bidder /offeror if unable to meet the LSBOP goal of % will submit documentation demonstrating good faith efforts. Name of bidder /offeror's firm: Ov vc'- 1 ' � b'C Warr SoL JTtor•SS LLC By I‘ (Print Name) .J q �b ZC�1 ¢- (Sign u (ate) Bid 14-211 Lakeside Dr 6 Inch water Main Project Page 22 of 23 L _ IL M rt d C N Li -.1: * woe to 3 c c .5 0 CO H 0 O = L m i �c m w 2' in � 0 2 �b 4 3 ea c d es 8 N .0 . - _ � 53 v c r O. ` d m O 0r 3 O ' M a ea D 0� �°" 3 0 a- - _ I m - T2' i o . Q ii 8 - 0 v te 00 TI. C c a c c 2 u. .n 1- v 'a ... V m o C Si .0 a - v w c A c . m 8 u, z tit g ni — i c t Ii C 7 3 , . 0 d 1 u E 8 0. 3 - a. o I.9 3 -§' - - .0 E 2 J E 'c° vu 4 A • o` c 0 d c3 ) 0 0 a 9 u + c .c a . W a 3 8 m v 5 E v` y d 1 E E Z c c S ¢ o a 2 „di1� $, y V 1. ► �o o >-, e 1 � S gt �P w L Q u. M v h f d m Ul Disadvantaged Business Enterprise Department G a - Yvonne Gentry :. DBE Director February 11, 2014 Mr. Willie T. Wooden c/o Georgia - Carolina Paving Company 3020 Milledgeville Rd. Augusta, Georgia 30904 Dear Mr. Wooden: Your firm has been registered as a Local Small Business Opportunity Program (LSBOP) with the Augusta - Richmond County Disadvantaged Business Enterprise Department (DBE). Your company's registration will last for a period of two (2) years, beginning February .11, 20 Registration entitles your firm to be included on the LSB website directory and your firm information will be submitted to all contractors bidding on the Augusta - Richmond County projects. Placement on the LSB Directory's list is no guarantee of solicitation for informal or formal . invitation to bids /proposals. This is a service of convenience for the vendor and Augusta - Richmond County and not a binding assurance of solicitation. To insure maximum bid participation, vendors should register with DemandStar Service which will allow you to receive the appropriate bid specifications as they are issued. Please call toll -free 1-800-711-1712 or visit www.dem.andstar.com for more information. As a registered firm, you are required to notify the Disadvantaged Business Enterprise Department of any changes in ownership and/or control of your firm. Failure to provide this notification, in writing, may result in your firm being removed from the Local Small Business Opportunity Program register. We welcome you to the Augusta- Richmond County Local Small Business Opportunity Program. Sincerely, Yvonne Gentry DBE Director YG:el cc: Vendor File Disadvantaged Business Enterprise Department 530 Greene Street - Suite 305 - Augusta. GA 30901 (706) 821 -2406- Fax (706) 821 -4228 W WW.AUGUSTAGA.GQv AG SECTION A This AGREEME made on the AGREEMENT day of ,20 , by and b, etween AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA - RICH COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials 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 pro entitled: LAKESIDE DRIVE 6 INCH WATER MAIN PROJECT and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 14 calendar days after the date of written notice by the Owner or the Contractor to proceed. All work shall be substantially completed within 120 calendar days with all such extensions of time as are provided for in the General Conditions. Substantial completion shall be defined as water being in service. Final completion shall be 150 days after substantial completion. 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 ($ )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. A -1 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 of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III — PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the BID FORM 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 an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and /or the Engineer. This estimate shall include only the quantities in place and at 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 9o% of the amount of the estimate on units accepted in place. The io% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor ,including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A -2 IN of w WITNESS al WHE, rties Ageemnt in thee (3) ourt each hih shl be deem an the original, in the hereto year have and day executed first mthis entioner e d above. OWNER : AUGUST GEORGIA ��� \�� c ATTES1 t j .., r �% nterpa SEAL s, The Honorable Deke Copenhaver Lena J. B onn% �; ' / Mayor Clerk of Fto �i�qy.�' Date: / t Date: J FOR . APPRO II AS TO FO' DEPARTMENT APPROVAL: By: , 1 % By: jS" Z (J��u A."- . Thomas D. Wiedmeier Attorney Director, Augusta Utilities Department Date: Cc Date: co l" l i CONTRACTOR: ATTEST: SEAL By: - • A By: YVU%e(t " 4 T Name: `Tt1- e�con.s 5,4Pil Name: (mule_ Sc-re' Title: 6 .� - f N Qa(-- Title: L th r kr-6 ," Date: tot 70 i 14 - Date: t c J vi it 4 .-- A-3 51 ., NO O AWARD 6R DATE: J y CON GU TRACTOR: Quality Stom Water Solutions ADDRESS: P.O. Box 1847 Evans 30809 C State Zip Code PROJECT: Lakeside Drive 6 Inch Water Main Project PROJECT NO: At a meeting of the held on (Date) you were awarded the Contract for the following Project: Enclosed please find 5 copies of the Contract Documents for your execution. Please complete the pages, affixing signatures, dates, notary and /or corporate seals, etc. where necessary and return to this office 10 days from the date of this letter, excluding Legal Holidays. The Certificate of Insurance must be complete. Power of Attorney must be submitted in triplicate; an original and two copies is permissible. Very truly yours, Project Engineer y� " Reclept of this NOTICE OF AWARD is hereby acknowledged this, the day of i� "" ' , 20 2/ Ov a- t. e7Y , (Tt (-+►t 0/4170 ,C LAITI O Contractor Title Please sign and retum one copy of this Notice of Award Acknowledgement to: Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 1 , r 17 .' NOTICE TO PROCEED DATE: TO: Quality Storm Water Solutions Attn: P.O. Box 1847 Evans, GA 30809 PROJECT: Lakeside Drive 6 Inch Water Main Project PROJECT NO: You are hereby notified to commence WORK in accordance with the Agreement dated on or before , and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore Very truly yours, Project Engineer Receipt of this NOTICE TO PROCEED is hereby acknowledged This, the day of , 2014 Contractor: By: Title: Please sign and retum one copy of this Notice to Proceed Acknowledgement to: Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 1 09/23/2014 03:39PM 7062108047 STORMWTR PAGE 05111 SECTION BB - - -- BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, .the Qualit Storm Water Solutions. LLC as Principal, FCCI Insurance Company and as Surety, are hereby held and firmly bound -unto the Augusta, Georgia Commission of Augusta, • Georgia as Owner in the penal sum of Ten Percent of The Bid (10 %) _ 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. Signed this 30th d of September , 2014 . The condition of the above obligation is such that whereas the Principal has submitted to the Augusta; Georgia Commission of Augusta, Georgia, a certain Bid, attached hereto'and hereby made a part hereof to enter into a contract in writing for the LAKESIDE DRIVE 6 INCH WATER MAIN PROTECT, for Augusta, Georgia in accordance with plans and specifications of the AUGUSTA UTILITIES DEPARTMENT. 1 NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, OD) 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 cormectiozr therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid„ then this obligation shalt 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 • a mount of this obligation as herein stag. . BB-I 09/23/2614 03:39PM 7062108047 RMWTR PAGE 06111 • T he Sur , for value re cei ve, h s tipule axed a grees tha the obiigatt of sa id S ure ty ,--� an its bo shall be in no wa im or . _ • by any ext of the t within whi the Owner ma acc such Bich; an said Sux STO d oes hereby waive no of uiy such extension. IN'fNTI'NE S WHSREOT', the Pi ncipal and Surety have hereunto set their hex ds and seals, and such of them as are corporations ba caused their corporate seals to be hereto affixed and these presents to be signed by their • , , er office the day axed. year first set forth above. Signed and sealed this 30t Septem A. D 14. 1 Witness - Ilr Qua �i�.tr� wat er Sol (Principal) (Title) • r ` • Witness �p� 'J( • FCCI Insurance Company (Seal) PUretY) Attest .1 .r_ A . I 1 Byy • 404 ; At g rey In Fac ' n th) C > ry Lackey • • . 1 1 BB^ Quality Storm Water Solutions, LLC. Utility Contractor PO Box 1847 Office: (706) 210 -8046 Evans, GA 30809 Fax: (706) 210 -8047 FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT Quality Storm Water Solutions, LLC specializes in providing full utility services including upgrades to existing sytems or new construction. Our client base is comprised of commercial, industrial and municipalities throughout the state of Georgia and South Carolina. throughout the state of Georgia and South Carolina. We are commited to provide the highest levels of professionalism, integrity, honesty and fairness ii our relationships with owners, clients, subcontractors and suppliers. Services Provided: - Domestic & Fire Service Lines - BFP's & Vault Assemblies - Fire Hydrant Replacement - Sanitary Sewer Systems - Lift Stations - Grease Traps - Storm Sewer Systems - Underground Detention Systems Quality Storm Water Solutions, LLC. Utility Contractor PO Box 1847 Office: (706) 210 -8046 Evans, GA 30809 Fax: (706) 210 -8047 Company Officers: Theron Sapp (Co- Owner) - Acts as head of all office operations. Responsibilities Include: estimating, material procurement, invoicing, scheduling of deliveries, business development, equipment procurement, job meetings. Work Experience: Quality Storm Water Solutions 10 Yrs - Project Manager / Estimator / Co -Owner Weeks Corporation (General Contractor) 3 Yrs - Project Manager / Estimator KR Witwer (General Contractor) 5 Yrs - Project Manager / Estimator Scott Contracting (General Contractor) 5 Yrs - Project Manager / Estimator Wade Sapp (Co- Owner) - Acts as Field Supervisor overseeing all phases of field operations. Responsibilities include: coordination of all field activities, ensuring work is performed per plans & specs, scheduling of work, quality control, project meetings. Work Experience: Quality Storm Water Solutions 10 Yrs - Field Supervisor / Co -Owner Design Contractors (Site Work Contractor) 6 Yrs - Field Superintendent Columbia County Storm Water Utility 3 Yrs - Storm Water Engineer Key Field Crews: Rusty Mays Foreman / Pipe Fitter / Operator 24 Yrs Experience Dee Haire Foreman / Equipment Operator 28 Yrs Experience Alton Roland Foreman / Equipment Operator 18 Yrs Experience Quality Storm Water Solutions, LLC. Utility Contractor PO Box 1847 Office: (706) 210 -8046 Evans, GA 30809 Fax: (706) 210 -8047 Project References & Contacts: Columbia County Engineering 4325 Evans -To -Locks Rd. Contact: Eric Hinds 706 - 651 -0433 Evans, GA 30809 Past Projects Include: - Hwy 221 Water Main Extension: Install approximately 1300 LF - 12" DIP including new fire hydrant assemblies and domestic services. (DOT road widening project) - Many private projects performed as a result of being referred by Columbia County Engineering Dept. Augusta Utility Department 360 Bay Street, Suite 180 Augusta, GA 30901 Past Projects Include: - Ft.Gordon New Water & Sewage Connections Project 2013: Constructing new water & sanitary sewer infrastructure, multiple projects totaling $588,000. - Goshen Industrial Lift Station Modifications: Re -Plumb existing lift station and install new control valve vault assembly. - Lindsey Road Emergency Sewer Replacement: Remove section of roadway and failed sewer line, install new 12" sewer main and associated manholes. - Numerous Emergency Repair Projects as part of the Emergency Repair Task Order. - One of four approved contractors to bid Augusta Utility Dept. Projects. Site Master 4318 Wheeler Road Contact: Steve Cole 706 - 868 -0160 Martinez, GA 30907 Past Projects Include: - Leitner Lake RV Park: Install approximately 1100 If, 4" Water Main with RPZ in Hot Box, and install (25) domestic service assemblies. - GA State Patrol: Install Domestic and Fire Service including BFP's. Sewer Main, Manholes & Service Line. - AUD, Waste Treatment Plant Conversion - Installed new force main and lift station, replumb holding basin, installed parshall flume monitoring station, relocated 16" meter vault and installed new 16" water piping to building. - Plant Vogtle Security Training Facility - Installed approximately 5000 If of new water main and Booster pump to serve new Training Facility. - Have performed over (40) additional commercial projects over the last (3) years for Site Master. Sauer Inc. Jacksonville, FL Contact: Brent Rogers 904- 262 -6444 Past Projects Include: - Barracks 29708, 29705 / COF 29701,29719 / DFAC 25717 (Contract $670,000) Installed all utility piping for the renovation of buildings. Including Fire & Domestic services with BFP's, Sanitary Sewer Piping, Storm Sewer Piping. Note: For this project completed Jan. 2012, Our company was awarded, by the Corps of Engineers, the "Certificate of Achievement in Safety" for Outstanding Safety Performance as a Subcontractor. Precision Site Works: Evans, GA Contact: Lee Deas 706- 533 -6738 Past Projects Include: - Richmond County Vocational Magnet School: Installed all water & sanitary sewer piping for new high school. Quality Storm Water Solutions, LLC. Utility Contractor PO Box 1847 Office: (706) 210 -8046 Evans, GA 30809 Fax: (706) 210 -8047 Trade References: Atlantic Supply 1628 Barton Chapel Road Contact: Todd Whaley 706- 737 -3705 Augusta, GA 30909 Ferguson Water Works 702 McKnight Industrial Blvd. Contact: Matt Kareis 706 - 860 -2233 Augusta, GA 30907 GA -Lina Precast 100 Woodward Lake Road Contact: Allen Clark 803 - 232 -1911 Trenton, SC 29847 Bank Reference: Georgia Bank & Trust 627 Ronald Reagan Dr. Contact: Rob Bissel 706 - 854 -6270 Evans, GA 30809 Additional references and financial documentation available upon request. Q u ality Storm Water Solutions LLC Utility Contractor 437 Cambridge Circle Office ( 706) 210 - 8046 Martinez, GA 30907 F ax: (706) 210 - 8047 Tractor Equipment Owned: John Deere 200C Track Hoe Excavator John Deere 544J Wheel Loader John Deere 450J Dozier John Deere 120 Track Hoe Excavator Volvo L40B Wheel Loader Volvo L60 Wheel Loader Bobcat E45 Excavator (2 Ea) Bobcat T650 Skid Steer Loader Case Back -Hoe Dyna - Pac Vibratory Roller (2 Ea) Bomag Trench Roller (3 Ea) Komatsu PC88 Excavator (2 Ea) Komatsu P138 Excavator Hold equipment rental accounts with most local equipment rental companies: (Neff, Reliable, United, Rentalquip, SunBelt) ON Mk PE SECTI BOND PB : IS ND ED M WITH PAYMENT B ON PAGE (NOTE PB -3, IN BO FAVOR IS OF THOWNER ULTANEOUSLY CONDITIONED FOR THE PAY OF LABOR AND MATER .) KNOW TH ALL MEN BY ESE PRESENTS: That as Principal, hereinafr called Contractor, and a corporation organized and existing under the laws of the State of ,with its principal office in the City of ,State of , as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA COMMISSION as Obligee, hereinafter called the Owner, in the penal amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators , successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the LAKESIDE DRIVE 6 INCH WATER MAIN PROTECT 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 (1) Complete the CONTRACT in accordance with its terms and conditions, or ( Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default a succession of PB- i 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 Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this day of A. D. 20_. Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) PB -2 L ABOR CO NDITIONED AND MATERIAL PAYMENT BOND ON PB NOTE: THIS BOND IS ISSUED FAVOR SIMULTANEOOF THE OW NER USLY WITH PERFORMANCE FOR THE SE BOND ON PB -I, CTI PERFORMANCE OF THE WORK.) KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called Contractor, and a corporation organized and existing under the laws of the State of with PAGE IN its principal office in the City of , State of as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA, GEORGIA COMMISSION, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as herein below defined in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the LAKESIDE DRIVE 6 INCH WATER MAIN PROTECT 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: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT . (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such PB -3 cl aimant's work or labor was done or performed, or materials were furnished by such or c laimant, may sue on this bond for the use of such claimant, prosecute the suit to f inal judgement for such sum r sums as may be justly due claimant, and have e xecution thereon. Owner shall not be liable for the payment of any costs or e xpenses of any such s uit. ( 3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claiman, other than one having a direct contract with the Contract, 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 . (b) 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. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. ( 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. PB -4 Signed and sealed this day of A. D. 20_. Witness (Contractor) Attest By By (Seal) (Title) Witness Attest (Seal) (Seal) (Surety) (Title) (Seal) PB -5 Revision Date August 2001 GENERAL CONDITIONS ARTICLE I-- DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: Addenda -Any changes, revisions or clarifications of the Contract Documents which have been duly issued by OWNER to prospective Bidders prior to the time of opening of Bids. Agreement -The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment -The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds -Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order -- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents -The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price -The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time -The number of days (computed as provided in paragraph 17.2.1) or the date stated in the Agreement for the completion of the Work. CONTRACTOR -The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY - Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta, Georgia Commission, and its authorized designees, agents, or employees. Day - Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective -An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, GC -1 R evision D August 20 fn standard, st aval erred to in the Cont Documents, or has been maged prior to PROFESSIONAL's recommendation of final payment, unless responsibilityfor the protection thereof h as be en o assumed by OWNER at Substantial or ppro Completion (in accordance with paragraph 14.8 or 14.10). Drawings -The ce drawings which show the ref character and scope of the Work to be performed and wh ich ha ve been ere prepared or approved te by PROFESSIONAL and are referred toh in the Contract Do Effective Date of the Agreement -The date indicated in the Agreement ract on which it becomes effective, but if n such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georg Field Order -A written order issued by PROFESSIONAL that modifies Drawings and Specifications , b ut wh ich . does not involve a change in the Contract Price or the Contract Time. General Requirements- Sections of Division 1 of the Specifications. Laws or Regulations -Laws, rules, regulations, ordinances, codes and /or orders. Notice ofAward -The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER- Augusta, Georgia, and the Augusta, Georgia Commission. Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL -The Architectural /Engineering firm or individual or in -house licensed person designated to perform the design and /or resident engineer services for the Work. PROGRAM MANAGER —The professional firm or individual designated as the representative or the OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Project Area -The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager -The professional in charge, serving OWNER with architectural or engineering services, his successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative -The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof. Shop Drawings -All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and GC -2 v t D ate 2 001 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 i si the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions -The part of the Contract Documents which amends or supplements these General Conditions. Supplier -A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Price Work -Work to be paid for on the basis of unit prices. Work -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. 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. GC -3 Revision Date August 2001 ARTICLE 2- PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and /or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to GC -4 Revision Date August 2001 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: 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. GC -5 Revision Date August 2001 ARTICLE 3- CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well -known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations 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 Revision Date August 2001 3.6.3. a Work Change Directive (pursuant to paragraph 10.4). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). 3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or 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 Revision Date August 2001 ARTICLE 4- AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights -of -way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. GC -8 August 2001 Physical Conditions- Underground Facilities: Revision Date 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or GC -9 Revision Date August 2001 Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. GC -10 Revision Date August 2001 ARTICLE 5 -BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed 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; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other GC -11 Revision Date August 2001 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: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges GC -12 Revision Date August 2001 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. Receipt and Application of Proceeds: GC -13 Revision Date August 2001 5.12. Any insured Toss 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 expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone GC -14 Revision Date August 2001 directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys' fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. GC -15 Revision Date August 2001 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, Tight, 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 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. GC -17 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, OW NER's or PROFESSIONAL's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. GC -18 Laws and Regulations: Revision Date August 2001 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any 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. GC -19 Revision Date August 2001 6.18. CONTRACTOR shall not Toad nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. GC -20 Revision Date August 2001 Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Change Directive or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. GC -21 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. Continuing the Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 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 injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) GC -22 Revision Date Au 2001 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. GC -23 Revision Date August 2001 ARTICLE 7-- -OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by 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 Revision Date August 2001 ARTICLE 8 - -- OWNER'S RESPONSIBILITIES 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 Revision Date August 2001 ARTICLE 9 - -- PROFESSIONAL'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed 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 Revision Date August 2001 Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10,11 and 12. 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other GC -27 Revision Date August 2001 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, techn 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 Revision Date August 2001 ARTICLE 10 -- CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The 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. GC -29 August 2001 ARTICLE 11- CHANGE OF CONTRACT PRICE Revision Date 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order. GC -30 Revision Date August 2001 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, GC -31 Revision Date August 2001 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. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 -all of which are to be considered administrative costs covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital GC -32 Revision Date August 2001 used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3, 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in 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 decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man -hours required by GC -33 Revision Date August 2001 trade w c pean -ho toal e, b bud, mu and rate for discipline / each piece of equipment the unit , material ost r m by units ur of measure f a and labor pp price per la or unit, other ren costs equip speci fi rs itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. GC -34 Revision Date August 2001 ARTICLE 12 -- CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and 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 Revision Date August 2001 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: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or GC -36 Revision Date August 2001 approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: 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. GC -37 August 2001 One Year Correction Period: Revision Date 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: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or GC -38 Revision Da August 200 to replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and /or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC -39 Revision Date AUgast 2001 ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10 %) retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of 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 Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that GC-40 Revision Date August 2001 CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from Toss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off -set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the GC -41 Revision Date August 2001 tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and GC -42 Revision Date August 2001 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 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend 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 acceptance of Work not in accordance with the Contract Documents or a release of GC -44 Revision Date August 2001 CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. GC -45 Revision Date August 2001 ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of any one or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, GC -46 von t Date Aug 2001 construction equipment and machinery at the site and use the same to the full extent they could be Re used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. Termination for Convenience 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty -one days GC -47 Revision Date August 2001 to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty -one calendar days after it is submitted to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. GC -48 Revision Date August 2001 ARTICLE 16 -- DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. GC -49 Revision Date August 2001 ARTICLE 17- MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty -four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties 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 Revision Date August 2001 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13 -11 -1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. Substitutions: 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. Sanitary Sewer Overflow Prevention: 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction: 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24 -hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate. GC -51 Revision Date Au 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. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is Augusta Utilities Department, Engineering Division. 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 GC -52 SECTION SC -0 INDEX TO SUPPLEMENTARY CONDITIONS SECTION SC -01 Scope of the Work SC -02 List of Drawings SC -03 Bonds SC -04 Contractor's Liability Insurance SC -05 Project Sign SC -06 Protection of the Environment SC -07 Temporary Toilets SC -08 Plans and Specifications Furnished SC -09 Record Drawings SC -10 Shop Drawings SC -11 Existing Structures SC -12 Salvage Material SC -13 Referenced Specifications SC -14 Traffic Control SC -15 Surveys SC -16 Construction Order and Schedule SC -17 Consulting Engineers SC -18 Inspection and Testing of Work SC -19 Site Access SC -20 Tree Save SC -21 Georgia Prompt Pay Act SC -22 City Acceptance SC -23 Disputes SC -24 Specified Materials SC -25 Interest Not Earned on Retainage SC -26 Basis of Payment SC -27 Compliance with Laws, Codes, Regulations, Etc. SC -28 Equivalent Materials SC -29 After Hours Inspection SC -30 Supplement to the Agreement SC -1 SECTION SC SUPPLEMENTARY CONDITIONS -01. SCOPE OF THE WORK: The project referred to in the Agreement shall consist of the following major elements or portion thereof as outlined in each contract. The construction and installation of the water mains with appurtenances by Direct Bury. The proposed 6" diameter water main shall be PVC installed by direct bury. The station ranges are for bid purposes only and are approximate based on several factors right -of -way constraints, and existing utilities. -02. LIST OF DRAWINGS: The following drawings, prepared by The Augusta Utilities Department comprise the plans for the project. DATE SHEET NO. TITLE ORIGINAL REVISED REVISED C 1.0 Cover Sheet August 2014 C 2.0 General Notes & Legend August 2014 C 3.0 Water Utility Plan August 2014 C 4.0 Soil Erosion & Sedimentation Plan August 2014 C 5.0 Standard Details August 2014 C6.0 Standard Details August 2014 -03. BONDS: The Contractor will include in the lump sum payment for Lump Sum Construction the cost of his performance and payment bonds. SC -2 - 04. CONTRACTOR'S LIABILITY INSURANCE: 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 (any auto) Each Occurrence $ 5,000,000 Workers Compensation Statutory Limits Employer Liability $ 1,000,000 - 05. PROJECT SIGN: The Contractor will provide and install one (1) project sign at prominent location on the construction site as directed by the Engineer. The sign will carry in a prominent manner the name of the project, the Owner, and the name of the Contractor and the Engineer and a 24 -hour phone number for the Contractor in 4 -inch letters. The sign shall be constructed and erected on wood posts in a substantial manner 7 -feet above the ground. The full size stencil shall be approved along with colors before fabrication. The Contractor shall include the cost of the project sign in the Total Base Bid. - 06. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of the exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material from the project area onto adjacent properties or into adjacent water courses. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. -07. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. -08. PLANS AND SPECIFICATIONS FURNISHED: The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct black line prints together with a like number of complete bound specifications for construction purposes. Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. -09. RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the SC -3 construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction and at the completion of construction. Prior to submitting his estimate for final payment, as -built drawings are to be prepared and submitted by the contractor to the engineer. As -built drawings shall include tap locations and manholes located to a minimum of two separate surface features. -10. SHOP DRAWINGS: The Contractor shall submit to the Engineer for his review shop drawings, cuts, diagrams, bar lists, steel details and other descriptive data on every item, where shown on the drawings or specified herein. The Contractor shall check all submittals and so indicate on each copy thereof. Five copies of such shop drawings shall be submitted to the Engineer before ordering of the material. Submittals which have not been checked by the Contractor will not be reviewed by the Engineer. Reviews by the Engineer of submittals will cover only general conformity with the project requirements, while responsibility for detailed conformity shall remain with the Contractor. The Contractor will be notified by mail of the results of the submittal reviews within ten (10) days of the receipt by the Engineer thereof. -11. EXISTING STRUCTURES: Where sidewalks, street signs, private signs, walls, sidewalks, fences, pipelines, etc. are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. -12. SALVAGE MATERIAL: All existing installations to be removed, including but not limited to masonry and concrete rubble, asphalt, pipe, etc. will be disposed of at an approved location by the Contractor. -13. REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. -14. TRAFFIC CONTROL: Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration, latest edition. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta Fire Department, Police Department, Emergency Medical Services, and the Augusta Traffic Engineering Department of any street closures. -15. SURVEYS: The Engineer has established base lines for locating the principal component parts of the work, together with a suitable number of bench marks adjacent to the work. From the information thus provided, the Contractor shall develop and make all detail surveys needed for construction lines and elevations. The Contractor shall employ only Registered Land Surveyors or Registered Professional Engineer to perform all detail surveys. The Contractor will diligently preserve and maintain the position of all stakes, reference points and bench SC -4 marks after they are set and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. - 16. CONSTRUCTION ORDER AND SCHEDULE: A. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified. B. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: (1) Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. (2) A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the overall contract time. (3) A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. C. With each request for payment the Contractor shall submit two copies of the bar chart clearly marked to show the work completed at the date of the payment requested. D. Progress Schedule Requirements (1) Bar Chart Schedule: Prepare on maximum 11 inch by 17 inch sheet size for each separate stage of Work as specified and shown, to include at least: (a) Identification and listing in chronological order of those activities reasonably required to complete work, including, but not limited to, subcontract work, major equipment design, factory testing and startup activities, project close out and cleanup and specified work sequences, constraints, and milestones, including Substantial Completion date(s). Listings to be identified by Specification section number. (b) Identify: (i) horizontal time frame by year, month, and week, (ii) duration, early - start, and completion of each activity and sub - activity and (iii) critical activities and Project float. (c) Provide sub - schedules to further define critical portions of the work. (d) Monthly schedule submissions: show overall percent complete, projected and actual, and completion progress by listed activity and sub - activity. (e) Identify the critical path on the schedule. (2) General: (a) Schedule(s) shall reflect work logic sequences, restraints, delivery windows, review times, contract times and milestones set forth in the Agreement, and shall begin with the date of Notice to Proceed and conclude with the date of Final Completion. (b) The schedule requirement herein is the minimum required. Contractor may prepare a more sophisticated schedule if such work will aid Contractor in execution and timely completion of work. SC -5 (c) Base schedule on standard 5 -day work week. (d) When bar chart or network analysis schedules are specified, use Primavera Project Planner latest version, SureTrak latest version or a compatible and approved softwar (e) Adjust or confirm schedules on a monthly basis as follows: Contractor shall submit to Engineer for acceptance proposed adjustments in the progress schedule that will not change the contract times (or milestones). Such adjustments will conform generally to the progress schedule then if effect and additionally will comply with any provisions of the General Requirements applicable thereto. Proposed adjustments in the progress scheduled that will change the contract times (or milestones) may only be a Change Order. Use of float suppression techniques such as preferential sequencing or logic, special lead/lag logic restraints, and extended activity times are prohibited, and use of float time disclosed or implied by use of alternate float - suppression techniques shall be shared to proportionate benefits to Owner and Contractor. Pursuant to above float - sharing requirement, no time extensions will be granted nor delay damages paid until a delay occurs which (i) impacts project's critical path, (ii) extends work beyond contract completion date. - 17. CONSULTING ENGINEERS: The Owner has engaged consulting engineers to assist the Director of Utilities, defined herein as the Engineer, by preparing plans and specifications for the work and by providing certain services during the bidding and construction phases of the project. The consulting engineer is authorized to represent the Director of Utilities within the limits of the various duties delegated and assigned to the firm by the Director. Nevertheless the Director of Utilities remains the final authority hereunder and is the "Engineer" as used throughout the Contract Documents. The presence or duties of Consulting Engineer's personnel at the construction site, whether as onsite representatives or otherwise, do not make 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. The Consulting Engineer'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 Consulting Engineer's own personnel. The presence of the Consulting Engineer'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). Consulting Engineer neither SC -6 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 or materials incorporated into the construction work. -18. INSPECTION AND TESTING OF WORK: The Owner shall provide sufficient competent engineering personnel for the technical observation and testing of the work. The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspections. Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or the culling over or removal of defective materials or for any other purpose requiring discharge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor, nor for the safety of the job. If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply. If any work should be covered up without review or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re- examination of any work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of re- examination and replacement. If such work is not in accordance with the Contract Documents, the Contractor shall pay such cost. The Owner will employ a qualified materials testing laboratory, hereinafter referred to as the Laboratory, to monitor more fully on the Owner's behalf the quality of materials and work, and to perform such tests as may be required under the Contract Documents as conditions for acceptance of materials and work. The Laboratory will be solely responsible to and paid separately by the Owner. The timing of the work of the Laboratory will be coordinated by the Engineer through his duly authorized inspector. The Owner will bear the cost of testing a particular material or area of the work once. Where retesting is required following corrective measures or under other circumstances, the Contractor shall reimburse the Owner for the cost of additional testing. SC -7 -19. SITE ACCESS: In order to minimize damage to existing paving and landscaping, access to the site for the contractor's personnel and equipment will be restricted to the routes designated by the Owner. The contractor will be required to use on those routes unless written approval is given by the owner. -20. TREE SAVE: Prior to beginning grading operations, the Contractor is to notify the Owner and the Engineer so that those trees which are to be saved can be marked in the field. Once these trees are marked, the Contractor shall take every precaution, including tree protection fence, to save these trees. -21. GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13 -11 -1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. -22. CITY ACCEPTANCE: Notwithstanding any other obligations of the Contractor, he shall complete the work to the full satisfaction of the Augusta Utilities Department and the Engineer. This provision shall not relieve the Contractor of his responsibilities for guarantees. -23. DISPUTES: All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. -24. SPECIFIED MATERIALS: Attention is drawn to the specification of certain brands or manufacturers of construction materials on the drawings. Unless the phrase "or equal" appears in the specification thereon, no substitution or deviation from the product specified will be allowed. Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. -25. INTEREST NOT EARNED ON RETAINAGE: Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due to the Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. -26. BASIS OF PAYMENT: As explained in the section "Instructions to Bidders" and in the "General Conditions ", payment will be made based on the per cent complete per the contractor's breakdown. SC -8 -27. COMPLIANCE WITH LAWS, CODES, REGULATIONS, ETC.: Supplementing the provision of the GENERAL CONDITIONS, the successful bidder awarded this contract by signing the contract acknowledges the following, however, this is not to be construed as all inclusive or being these only: 1. Underground Gas Pipe Law: The Contractor signing the contract acknowledges that he is fully aware of the contents and requirements of "Georgia Laws 1969, Pages 50 and the following, and any amendments and regulations pursuant thereto ", and the Contractor shall comply therewith. 2. High Voltage Act: The Contractor by signing the contract acknowledges that he is fully aware of the contents and requirements of "Act No. 525, Georgia law 1960, and any amendments thereto, and Rules and Regulations of the commissioner of Labor pursuant thereto" (the preceding requirements within quotation marks being hereinafter referred to as the "high voltage act "), and the Contractor shall comply therewith. The signing of Contract shall also confirm on behalf of the Contractor that he: A. has visited the premises and has taken into consideration the location of all electrical power lines on and adjacent to all areas onto which the contract documents require to permit the Contract either to work, to store materials, or to stage operations, and B. that the Contractor has obtained from the Owner of the aforesaid electric power lines advice in writing as to the amount of voltage carried by the aforesaid lines. The Contractor agrees that he is the "person or persons responsible for the work to be done" as referred to in the high voltage act and that accordingly the Contractor is solely "responsible for the completion of the safety measures which are required by Section 3 of the high voltage act before proceeding with any work." The Contractor agrees that prior to the completion of precautionary measures required by the high voltage act he will neither bring nor permit the bringing of any equipment onto the site (or onto any area or areas onto which the contract documents require or permit the Contractor to work, to store materials, or to stage operations) with which it is possible to come within eight feet of any high voltage line or lines pursuant to operations arising out of performance of the Contract. The foregoing provisions apply to power lines located (a) on the site and (b) on any area or areas onto which the contract documents require or permit the Contractor either to work, to store materials, or to stage operations, or (c) within working distance for equipment or materials, being used on (a) and (b) above. These provisions of the Contract do not limit or reduce the duty of the Contractor otherwise owed to the Owner, to other parties, or to both. The Contractor agrees that the foregoing provisions supplement provisions of the General Conditions. The Contractor agrees and acknowledges that any failure on his part to adhere to the high voltage act shall not only be a violation of law but shall also be a breach of contract and specific violation of the provisions of the General Conditions which pertains to safety precautions. 3. Occupational Safety & Health Act: The Contractor by signing the contract acknowledges that he is fully aware of the provisions of the Williams- Steiger Occupational Safety and Health Act of 1970 and he shall comply therewith. SC -9 -28. EQUIVALENT MATERIALS: Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. -29. AFTER HOURS INSPECTION: If the Contractor opts to work before or after normal working hours, 8 a.m. to 5 p.m., Monday through Friday, or on Augusta, Georgia Legal Holidays, then the Contractor must pay for the cost of inspection by the City of Augusta, Georgia and follow all necessary procedures listed in "Section 15, Right -of -way Encroachment Guidelines, Part E, Outside of Normal Working Hours," of the Augusta- Richmond County Planning Commission Development Documents dated September, 1999, or latest version. If inspectors of Augusta - Richmond County are needed to work outside normal business hours, Augusta - Richmond County needs to be notified in advance. -30. SUPPLEMENT TO THE AGREEMENT a) 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. b) 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. c) Termination of the contract for default Failure of the CONTRACTOR, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta, Georgia may terminate this contract is part or in whole upon written notice to the CONTRACTOR pursuant to this term. d) Prohibition against contingent fees There shall be no contingent fees allowed under this contract. e) An acknowledgement by all parties contracting with Augusta, Georgia as follows: "Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative SC -10 authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non - payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. f) 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. g) Federal Work Authorization Program 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. h) Owner Inspections All contracts shall provide that Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. SC -11 i) Local Small Business: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1- 10- 129(d) (7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of 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. SC -12 SUPPLEMENTAL GENERAL CONDITIONS INDEX SGC -01. Owner's Liability and Property Insurance SGC -02. Contractor's Liability Insurance SGC -03. Special Hazards SGC -04. Testing Laboratory SGC -05. Surveys SGC -06. Progress Payments SGC -07. Drawings SGC -08. Rights -of -Way SGC -09. Estimate of Quantities SGC -10. Existing Structures and Utilities SGC -11. Contractor' Breakdown of Lump Sum Payment Items SGC -12. Prior Use by Owner SGC -13. Cleaning Up SGC -14. Maintenance of Traffic SGC -15. Maintenance of Access SGC -16. Erosion Control and Restoration of Property SGC -17. Safety and Health Regulations SGC -18. NPDES - Stormwater Discharge Requirements SGC -19. Augusta Utilities Department Water System Project Measurement and Payment SGC -20. Augusta Utilities Department Standards and Construction Specification; August 2006 SGC -21. Discrepancies between the Plan Details and Specifications SGC -1 SGC -01. OWNER'S LIABILITY AND PROPERTY INSURANCE: Sections 5.5, 5.6, 5.7, 5.8, 5.9 and 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by the Augusta Commission for this Project. Current insurance coverages will remain in effect for the life of this Contract. SGC -02. CONTRACTOR'S LIABILITY INSURANCE: 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 and 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 SGC -03. SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right -of -ways of the Georgia Highway System and the Augusta - Richmond County Road System. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SGC -04. TESTING LABORATORY: All materials testing and laboratory work, with the exception of the testing related to the NPDES requirements (as necessary), in connection therewith shall be paid for by the Contractor and approved by the Owner. SGC -2 SGC -05. SURVEYS: The Engineer will provide horizontal control points and benchmarks for vertical control. The Contractor will provide surveying for construction stake -out SGC -06. PROGRESS PAYMENTS: Section 14.2 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimates for materials and work installed and complete, in place. No payment will be made on the basis of material and equipment delivered and stored on site and not incorporated in the work, complete and in place. Payments will be made to the Contractor by the 15` of each month completed the previous month. This agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13 -11 -1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control Not withstanding any provisions of the law to the contrary, the parties agreed that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waive any claim to same. Contractor to submit all pay request information to Augusta Utilities Department (Owner). SGC -07. DRAWINGS: The Engineer will furnish to the Contractor all copies of drawings reasonably necessary for the execution of the Work. The location of all features of the work included in the Contract is indicated on the Contract Drawings. The following drawings comprise the plans for this Contract: SHEET NO. C 1.0 C 2.0 C 3.0 C 4.0 TITLE DATE Cover Sheet August 2014 General Notes & Legend August 2014 Water Utility Plan August 2014 Soil Erosion & Sedimentation Plan August 2014 C 5.0 Standard Details August 2014 C6.0 Standard Details August 2014 SGC -08. RIGHTS -OF -WAY: The OWNER will furnish all land and rights -of -way necessary for the carrying out of this Contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights -of -way as speedily as possible. But it is possible that all lands and rights -of -way may not SGC -3 be obtained as herein contemplated before construction begins, in which event the Contractor shall begin his work upon such land and rights -of -way as the OWNER may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights -of -way. Should the OWNER be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights -of -way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the Contract except by consent of the OWNER; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the OWNER. SGC -09. ESTIMATE OF QUANTITIES: The estimated quantities of work to be done and materials to be furnished under this Contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contact and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by this Contract and such increase or diminution shall in no way vitiate this Contract nor shall any such increase or diminution give cause for claims or liability for damages. SGC -10. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work. The Contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. SGC -11. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The Contractor shall, immediately after the Contract has been awarded, submit to the Augusta Utilities Department Director for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. SGC -12. PRIOR USE BY OWNER: Prior to completion of the work, the OWNER (by agreement with the Contractor) may take over the operation and/or use of the incomplete project or portions thereof. Such prior use of the facilities by the OWNER shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC -4 SGC -13. CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the OWNER, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc. and leave his work in a clean condition, satisfactory to the Augusta Utilities Department Director. SGC -14. MAINTENANCE OF TRAFFIC: In any work within the public right -of -way, the Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provide below. The Contractor shall not block traffic on any street more than 30 minutes or such other time as the agency having jurisdiction may specify, without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the lease possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the OWNER may, with his own forces provide signs, flagmen, barricades and/or lanterns, to reduce or eliminate hazards, construct substitute passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. SGC -15. MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to business establishments during all times they are open for business, to churches, schools and other institutions during the time they are open and to all residential and other occupied buildings or facilities at all times. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue these operations so as to minimize the time that direct entrance is blocked. SGC -16. EROSION CONTROL AND RESTORATION OF PROPERTY: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. The Contractor shall utilize Best Management Practices (BMP's) as defined within the Manual of Erosion and Sediment Control in Georgia at all times. Prior to establishing permanent grass cover, the Contractor shall provide temporary grass and mulch on any disturbed areas as per Georgia Department of Transportation Standards and Specifications, Section 163. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. SGC -17. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations SGC -5 for construction promulgated under the Occupational and Health Act of 1970 and under Section 107 of the Contract Work Hours and Safety Standards Act. SGC -18. NPDES — STORMWATER DISCHARGE REQUIREMENTS: The Augusta Utilities Department will be responsible for all collecting and monitoring activities as they pertain to the NPDES Regulations. SGC -19. AUGUSTA UTILITIES DEPARTMENT WATER SYSTEM PROJECT MEASUREMENT AND PAYMENT: The Contractor shall review Water System Project Measurement and Payment Standards (Proposal Section) provided by Augusta Utilities Department. SGC -20. AUGUSTA UTILITIES DEPARTMENT STANDARDS AND CONSTRUCTION SPECIFICATIONS; AUGUST 2006; INCLUDING ALL UPDATES AND REVISIONS: Williams Russell and Johnson, Inc. recommends that each potential bidder secure a copy of the Augusta Utilities Department Standards and Specifications and review prior to project bid. SGC -21 DISCREPANCIES BETWEEN THE PLAN DETAILS AND SPECIFICATION If there is a discrepancy between a detail on the plans and the specifications, the plan detail shall take precedent. SGC -6 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 31 11 00 CLEARING AND GRUBBING PART 1 G ENERAL 1.01 SCOPE A. Clearing and grubbing includes, but is not limited to, removing from the Project site, trees, stumps, roots, brush, structures, abandoned utilities, trash, debris and all other materials found on or near the surface of the ground in the construction area and understood by generally accepted engineering practice not to be suitable for construction of the type contemplated. Precautionary measures that prevent damage to existing features, including trees, to remain shall be part of the Work. B. Clearing and grubbing operations shall be coordinated with temporary and permanent erosion and sedimentation control procedures. 1.02 QUALITY ASSURANCE A. The Contractor shall comply with applicable codes, ordinances, rules, regulations and laws of local, municipal, state or federal authorities having jurisdiction over the Project. All required permits of a temporary nature shall be obtained for construction operations by the Contractor. B. Open burning WILL NOT be allowed 1.03 JOB CONDITIONS A. Location of the Work: The area to be cleared and grubbed is shown schematically on the Drawings or specified below. It includes all areas designated for construction, which is typically limited to the utility easement shown. PART 2 PRODUCTS 2.01 EQUIPMENT A. The Contractor shall furnish equipment of the type normally used in clearing and grubbing operations including, but not limited to, tractors, trucks, loaders and root rakes. 31 11 00 CLEARING AND GRUBBING REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS PART 3 EXECUTION 3.01 SCHEDULING OF CLEARING A. The Contractor shall clear at each construction site only that length of the right -of -way, permanent or construction easement which would be the equivalent of two week's pipe laying. This length shall be determined from the Contractor's Progress Schedule. B. The Engineer may permit clearing for additional lengths of the pipe line provided that temporary erosion and sedimentation controls are in place and a satisfactory stand of temporary grass is established. Should a satisfactory stand of grass not be possible, no additional clearing shall be permitted beyond that specified above. C. A satisfactory stand of grass shall have no bare spots larger than one square yard. Bare spots shall be scattered and the bare area shall not comprise more than one percent of any given area. 3.02 CLEARING AND GRUBBING A. Clear and grub no more than 3 feet on each side of the pipeline before excavating. Remove all trees, growth, debris, stumps and other objectionable matter. Clear the construction easement or road right -of -way only if necessary. B. Materials to be cleared, grubbed and removed from the Project site include, but are not limited to, all trees, stumps, roots, brush, trash, organic matter, paving, miscellaneous structures, houses, debris and abandoned utilities. C. Grubbing shall consist of completely removing roots, stumps, trash and other debris from all graded areas so that topsoil is free of roots and debris. Topsoil is to be left sufficiently clean so that further picking and raking will not be required. D. All stumps, roots, foundations and planking embedded in the ground shall be removed and disposed of. Piling and butts of utility poles shall be removed to a minimum depth of two feet below the limits of excavation for structures, trenches and roadways or two feet below finish grade, whichever is lower. E. Landscaping features shall include, but are not necessarily limited to, fences, cultivated trees, cultivated shrubbery, property corners, man-made improvements, subdivision and other signs within the right -of -way and easement. The Contractor shall take extreme care in moving landscape features and promptly re- establishing these features. CLEARING AND GRUBBING 31 11 00 2 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS F. Surface rocks and boulders shall be grubbed from the soil and removed from the site if not suitable as rip rap. G. Where the tree limbs interfere with utility wires, or where the trees to be felled are in close proximity to utility wires, the tree shall be taken down in sections to eliminate the possibility of damage to the utility. H. Any work pertaining to utility poles shall comply with the requirements of the appropriate utility. I. All fences adjoining any excavation or embankment that, in the Contractor's opinion, may be damaged or buried, shall be carefully removed, stored and replaced. Any fencing that, in the Engineer's opinion, is significantly damaged shall be replaced with new fence material. J. The Contractor shall exercise special precautions for the protection and preservation of trees, cultivated shrubs, sod, fences, etc. situated within the limits of the construction area but not directly within excavation and/or fill limits. The Contractor shall be held liable for any damage the Contractor's operations have inflicted on such property. K. The Contractor shall be responsible for repairs and/or replacement of all damages to existing improvements resulting from Contractor's operations. 3.03 DISPOSAL OF DEBRIS A. The debris resulting from the clearing and grubbing operation shall be hauled to a disposal site secured by the Contractor and shall be disposed of in accordance with all requirements of federal, state, county and municipal regulations. No debris of any kind shall be deposited in any stream or body of water, or in any street or alley. No debris shall be deposited upon any private property except with written consent of the property owner. In no case shall any material or debris be left on the Project, shoved onto abutting private properties or buried on the Project. END OF SECTION 31 11 00 CLEARING AND GRUBBING REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 3123 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SCOPE A. The work under this Section consists of furnishing all labor, equipment and materials and performing all operations in connection with the trench excavation and backfill required to install the waterlines as shown on the Drawings and as specified. B. Excavation shall include the removal of any trees, stumps, brush, debris or other obstacles which remain after the clearing and grubbing operations, which may obstruct the work, and the excavation and removal of all earth, rock or other materials to the extent necessary to install the pipeline and appurtenances in conformance with the lines and grades shown on the Drawings and as specified. C. Backfill shall include the refilling and compaction of the fill in the trenches and excavations up to the surrounding ground surface or road grade at crossing. D. The trench is divided into five specific areas: 1. Foundation: The area beneath the bedding, sometimes also referenced to as trench stabilization. 2. Bedding: The area above the trench bottom (or foundation) and below the bottom of the barrel of the pipe. 3. Haunching: The area above the bottom of the barrel of the pipe up to a specified height above the bottom of the barrel of the pipe. 4. Initial Backfill: The area above the haunching material and below a plane 18 inches above the top of the barrel of the pipe. 5. Final Backfill: The area above a plane 18- inches above the top of the barrel of the pipe. E. The choice of method, means, techniques and equipment rests with the Contractor. The Contractor shall select the method and equipment for trench excavation and backfill depending upon the type of material to be excavated and backfilled, the depth of excavation, the amount of space available for operation of equipment, storage of excavated material, proximity of man-made improvements to be protected, available easement or right -of -way and prevailing practice in the area. 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 1.02 QUALITY ASSURANCE A. Density: All references to "maximum dry density" shall mean the maximum dry density defined by the "Maximum Density - Optimum Moisture Test ", ASTM D 698, except that for non - cohesive materials "maximum dry density" shall mean the maximum index density as determined by the "Maximum Index Density of Soils Using a Vibratory Table ", ASTM D 4253. Determination of the density of foundation, bedding, haunching, or backfill materials in place shall meet with the requirements of ASTM D 1556, "Density of Soil In Place by the Sand Cone Method ", ASTM D 2937, "Density of Soil In Place by the Drive - Cylinder Method" or ASTM D 2922, "Density of Soil and Soil- Aggregate In Place by Nuclear Methods (Shallow Depth) ". B. Sources and Evaluation Testing: Testing of materials to certify conformance with the Specifications shall be performed by an independent testing laboratory. All imported fill materials shall meet the requirements of on -site fill materials. 1.03 WEATHER LIMITATIONS A. Material excavated when frozen or when air temperature is less than 32 degrees F shall not be used as fill or backfill until material completely thaws. B. Material excavated during inclement weather shall not be used as fill or backfill until after material drains and dries sufficiently for proper compaction. 1.04 SAFETY A. Perform all trench excavation and backfilling activities in accordance with the Occupational Safety and Health Act of 1970 (PL 91 -596), as amended. The Contractor shall pay particular attention to the Safety and Health Regulations Part 1926, Subpart P "Excavation, Trenching & Shoring" as described in OSHA publication 2226. PART 2 PRODUCTS (NOT USED) 2.01 TRENCH FOUNDATION MATERIALS A. Crushed stone shall be utilized for trench foundation (trench stabilization) and shall meet the requirements of the Georgia Department of Transportation Specification 800.2.01, Group I (limestone, marble or dolomite) or Group II (quartzite, granite or gneiss). Stone size shall be between No. 57 and No. 4, inclusive. EXCAVATION AND FILL 31 23 00 2 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 2.02 BEDDING AND HAUNCHING MATERIALS A. Unless specified otherwise, bedding and haunching materials shall be crushed stone as specified below. B. Crushed stone utilized for bedding and haunching shall meet the requirements of the Georgia Department of Transportation Specification 800.01, Group I (limestone, marble or dolomite) or Group II (quartzite, granite or gneiss). Stone size shall be between No. 57 and No. 4, inclusive. C. Earth materials utilized for bedding and haunching shall be suitable materials selected from materials excavated from the trench. Suitable materials shall be clean and free of rock larger than 2- inches at its largest dimension, organics, cinders, stumps, limbs, frozen earth or mud, man -made wastes and other unsuitable materials. Should the material excavated from the trench be saturated, the saturated material may be used as earth material, provided it is allowed to dry properly and it is capable of meeting the specified compaction requirements. When necessary, earth bedding and haunching materials shall be moistened to facilitate compaction by tamping. If materials excavated from the trench are not suitable for use as bedding or haunching material, provide select material conforming to the requirements of this Section at no additional cost to the Owner. D. Filter Fabric Woven Type 1. Filter fabric associated with bedding shall be a polypropylene woven fabric. The fabric shall be a high modulus type with good separation capabilities. The fabric shall be inert to biological degradation and naturally occurring chemicals, alkalies and acids. 2. The fabric shall have an equivalent opening size EOS of 20 to 45. The fabric shall also conform to the minimum property values listed in the following table: Fabric Property Unit Test Method Minimum Value Grab Tensile Strength lbs. ASTM D 200 4632 Grab Tensile % ASTM D 30 (max.) Elongation 4632 Mullen Burst Strength psi ASTM D 400 3786 Trapezoid Tear lbs. ASTM D 75 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS Strength 4533 Puncture Strength lbs. ASTM D 75 3787 3. If ordered by the Engineer, the filter fabric manufacturer shall furnish the services of a competent factory representative to supervise and/or inspect the installation of pipe. This service will be furnished for a minimum of 10 days during initial pipe installation. 4. Filter fabric shall be Mirafi 500X, Amoco 2002 or Exxon GTF -200. 2.03 INITIAL BACKFILL A. Initial backfill material shall be crushed stone or earth materials as specified for bedding and haunching materials. B. When necessary, initial backfill materials shall be moistened to facilitate compaction by tamping. If materials excavated from the trench are not suitable for use as initial backfill material, provide select material conforming to the requirements of this Section at no additional cost to the owner. 2.04 FINAL BACKFILL A. Final backfill material shall be general excavated earth materials, shall not contain rock larger than 2- inches at its greatest diameter, cinders, stumps, limbs, man-made wastes and other unsuitable materials. If materials excavated from the trench are not suitable for use as final backfill material, provide select material conforming to the requirements of this Section. 2.05 SELECT BACKFILL A. Select backfill shall be materials which meet the requirements as specified for bedding, haunching or initial backfill materials, including compaction requirements. 2.06 CONCRETE A. Concrete for bedding, haunching, initial backfill or encasement shall have a compressive strength of not less than 3,000 psi, with not less than 5.5 bags of cement per cubic yard and a slump between 3 and 5- inches. Ready -mixed concrete shall be mixed and transported in accordance with ASTM C 94. Reinforcing steel shall conform to the requirements of ASTM A 615, Grade 60. EXCAVATION AND FILL 31 23 00 4 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS PART 3 EXECUTION 3.01 GENERAL A. Excavate to lines, grades, and dimensions shown and as necessary to accomplish Work. Excavate to within tolerance of plus or minus 0.1 foot, except where dimensions or grades are shown or specified as maximum or minimum. Allow for forms, working space, granular base, topsoil, and similar items, wherever applicable. Trim to neat lines where concrete is to be deposited against earth. B. Do not overexcavate without written authorization of Engineer. 3.02 UNCLASSIFIED EXCAVATION A. Excavation is unclassified. Complete all excavation regardless of the type, nature, or condition of the materials encountered. 3.03 CLASSIFIED EXCAVATION A. Excavation is classified; see Article Definitions for classifications. Notify Engineer whenever rock is encountered. B. Before beginning rock excavation, comply with following requirements: 1. Remove overlying material as common excavation and expose rock surface for examination by Engineer. 2. Demonstrate that removal of remaining material classifies as rock excavation unless waived by Engineer. 3. Assist Engineer with measurement and documentation of rock excavation. C. Predrilling and blasting may be allowed prior to removal of overburden if, in Engineer's opinion, top -of -rock line can be clearly defined after excavation. Acceptance of this method will be based on the following demonstration: 1. Predrill, blast, and excavate initial 100 -foot long test section. 2. Excavate minimum of two 20 -foot long trenches to apparent rock line immediately adjacent to predrilled section for comparison. D. In event of disputed quantities, excavate additional correlation trenches to apparent rock as considered necessary by Engineer to resolve dispute. Engineer reserves right to stop predrilling and blasting if, in Engineer's opinion, experience indicates that accurate determination of rock quantities is not possible by this method. 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 3.04 TRENCH EXCAVATION A. Topsoil and grass shall be stripped a minimum of 6- inches over the trench excavation site and stockpiled separately for replacement over the finished grading areas. B. Trenches shall be excavated to the lines and grades shown on the Drawings with the centerlines of the trenches on the centerlines of the pipes and to the dimensions which provide the proper support and protection of the pipe and other structures and accessories. C. Trench Width for Pipelines 1. The sides of all trenches shall be vertical to a minimum of one foot above the top of the pipe. Unless otherwise indicated on the Drawings, the maximum trench width shall be equal to the sum of the outside diameter of the pipe plus two feet. The minimum trench width shall be that which allows the proper consolidation of the haunching and initial backfill material. 2. Excavate the top portion of the trench to any width within the construction easement or right -of -way which will not cause unnecessary damage to adjoining structures, roadways, pavement, utilities, trees or private property. Where necessary to accomplish this, provide sheeting and shoring. 3. Where rock is encountered in trenches, excavate to remove boulders and stones to provide a minimum of 9- inches clearance between the rock and any part of the pipe barrel or manhole. 4. Wherever the prescribed maximum trench width is exceeded, the Contractor shall use the next higher Class or Type of bedding and haunching as shown on the Drawings for the full trench width as actually cut. The excessive trench width may be due to unstable trench walls, inadequate or improperly placed bracing and sheeting which caused sloughing, accidental over - excavation, intentional over - excavation necessitated by the size of the Contractor's tamping and compaction equipment, intentional over - excavation due to the size of the Contractor's excavation equipment, or other reasons beyond the control of the Engineer or Owner. EXCAVATION AND FILL 31 23 00 6 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS D. Depth 1. The trenches shall be excavated to the required depth or elevation which allow for the placement of the pipe and bedding to the dimensions shown on the Drawings. 2. Where rock is encountered in trenches for pipelines, excavate to the minimum depth which will provide clearance below the pipe barrel of 8- inches for pipe 18- inches in diameter and smaller and 12- inches for larger pipe, valves and manholes. E. Excavated Materials 1. Excavated materials shall be placed adjacent to the work to be used for backfilling as required. Top soil shall be carefully separated and lastly placed in its original location. 2. Excavated material shall be placed sufficiently back from the edge of the excavation to prevent caving of the trench wall, to permit safe access along the trench and not cause any drainage problems. Excavated material shall be placed so as not to damage existing landscape features or man -made improvements. 3.05 SHEETING, BRACING AND SHORING A. Sheeting, bracing and shoring shall be installed in the following instances: 1. Where sloping of the trench walls does not adequately protect persons within the trench from slides or cave -ins. 2. In caving ground. 3. In wet, saturated, flowing or otherwise unstable materials. 4. Where necessary to prevent damage to adjoining buildings, structures, roadways, pavement, utilities, trees or private properties which are required to remain. 5. Where necessary to maintain the top of the trench within the available construction easement or right -of -way. B. In all cases, excavation protection shall strictly conform to the requirements of the Occupational Safety and Health Act of 1970, as amended. C. Timber: Timber for shoring, sheeting, or bracing shall be sound and free of large or loose knots and in good, serviceable condition. Size and spacing shall be in accordance with OSHA regulations. D. Steel Sheeting and Sheet Piling: Steel sheet piling shall be the continuous interlock type. The weight, depth and section modulus of the sheet piling shall be sufficient to restrain the loads of earth pressure and surcharge from existing foundations and live loads. Procedure for installation and bracing 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS shall be so scheduled and coordinated with the removal of the earth that the ground under existing structures shall be protected against lateral movement at all times. The Contractor shall provide closure and sealing between sheet piling and existing facilities. E. Trench Shield: A trench shield or box may be used to support the trench walls. The use of a trench shield does not necessarily preclude the additional use of bracing and sheeting. When trench shields are used, care must be taken to avoid disturbing the alignment and grade of the pipe or disrupting the haunching of the pipe as the shield is moved. When the bottom of the trench shield extends below the top of the pipe, the trench shield will be raised in 6 -inch increments with specified backfilling occurring simultaneously. At no time shall the trench shield be "dragged" with the bottom of the shield extending below the top of the pipe or utility. F. Remove bracing and sheeting in units when backfill reaches the point necessary to protect the pipe and adjacent property. Leave sheeting in place when in the opinion of the Engineer it cannot be safely removed or is within three feet of an existing structure, utility, or pipeline. Cut off any sheeting left in place at least two feet below the surface. G. Sheet piling within three feet of an existing structure or pipeline shall remain in place, unless otherwise directed by the Engineer. 3.06 ROCK EXCAVATION A. Definition of Rock: Any material which cannot be excavated with conventional excavating equipment, and is removed by drilling and blasting, and occupies an original volume of at least one -half cubic yard. B. Blasting: Provide licensed, experienced workmen to perform blasting. Conduct blasting operations in accordance with all existing ordinances and regulations. Protect all buildings and structures from the effects of the blast. Repair any resulting damage. If the Contractor repeatedly uses excessive blasting charges or blasts in an unsafe or improper manner, the Engineer may direct the Contractor to employ an independent blasting consultant to supervise the preparation for each blast and approve the quantity of each charge. C. Removal of Rock: Dispose of rock off site that is surplus or not suitable for use as rip rap or backfill. D. The Contractor shall notify the Engineer prior to any blasting. Additionally, the Contractor shall notify the Engineer and local fire department before any charge is set. EXCAVATION AND FILL 31 23 00 8 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS E. Following review by the Engineer regarding the proximity of permanent buildings and structures to the blasting site, the Engineer may direct the Contractor to employ an independent, qualified specialty sub- contractor, approved by the Engineer, to monitor the blasting by use of seismograph, identify the areas where light charges must be used, conduct pre -blast and post -blast inspections of structures, including photographs or videos, and maintain a detailed written log. 3.07 DEWATERING EXCAVATIONS A. Dewater excavation continuously to maintain a water level two feet below the bottom of the trench. B. Control drainage in the vicinity of excavation so the ground surface is properly pitched to prevent water running into the excavation. C. There shall be sufficient pumping equipment, in good working order, available at all times, to remove any water that accumulates in excavations. Where the utility crosses natural drainage channels, the work shall be conducted in such a manner that unnecessary damage or delays in the prosecution of the work will be prevented. Provision shall be made for the satisfactory disposal of surface water to prevent damage to public or private property. D. In all cases, accumulated water in the trench shall be removed before placing bedding or haunching, laying pipe, placing concrete or backfilling. E. Where dewatering is performed by pumping the water from a sump, crushed stone shall be used as the medium for conducting the water to the sump. Sump depth shall be at least two feet below the bottom of the trench. Pumping equipment shall be of sufficient quantity and /or capacity to maintain the water level in the sump two feet below the bottom of the trench. Pumps shall be a type such that intermittent flows can be discharged. A standby pump shall be required in the event the operating pump or pumps clog or otherwise stop operation. F. Dewater by use of a well point system when pumping from sumps does not lower the water level two feet below the trench bottom. Where soil conditions dictate, the Contractor shall construct well points cased in sand wicks. The casing, 6 to 10- inches in diameter, shall be jetted into the ground, followed by the installation of the well point, filling casing with sand and withdrawing the casing. 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 3.08 TRENCH FOUNDATION AND STABILIZATION A. The bottom of the trench shall provide a foundation to support the pipe and its specified bedding. The trench bottom shall be graded to support the pipe and bedding uniformly throughout its length and width. B. If, after dewatering as specified above, the trench bottom is spongy, or if the trench bottom does not provide firm, stable footing and the material at the bottom of the trench will still not adequately support the pipe, the trench will be determined to be unsuitable and the Engineer shall then authorize payment for trench stabilization. C. Should the undisturbed material encountered at the trench bottom constitute, in the opinion of the Engineer, an unstable foundation for the pipe, the Contractor shall be required to remove such unstable material and fill the trench to the proper subgrade with crushed stone as directed by the Engineer. D. Where the replacement of unsuitable material with crushed stone does not provide an adequate trench foundation, the trench bottom shall be excavated to a depth of at least two feet below the specified trench bottom. Place filter fabric in the bottom of the trench and support the fabric along the trench walls until the trench stabilization, bedding, haunching and pipe have been placed at the proper grade. The ends of the filter fabric shall be overlapped by one foot above the pipe. E. Where trench stabilization is provided, the trench stabilization material shall be compacted to at least 90 percent of the maximum dry density, unless shown or specified otherwise. 3.09 BEDDING AND HAUNCHING A. Prior to placement of bedding material, the trench bottom shall be free of any water, loose rocks, boulders or large dirt clods. B. Bedding material shall be placed to provide uniform support along the bottom of the pipe and to place and maintain the pipe at the proper elevation. The initial layer of bedding placed to receive the pipe shall be brought to the grade and dimensions indicated on the Drawings. All bedding shall extend the full width of the trench bottom. The pipe shall be placed and brought to grade by tamping the bedding material or by removal of the excess amount of the bedding material under the pipe. Adjustment to grade line shall be made by scraping away or filling with bedding material. Wedging or blocking up of pipe shall not be permitted. Applying pressure to the top of the pipe, such as with a backhoe bucket, to lower the pipe to the proper elevation or grade shall not be permitted. Each pipe section shall have a uniform bearing on the bedding for the length of the pipe, except immediately at the joint. EXCAVATION AND FILL 31 23 00 10 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS C. At each joint, excavate bell holes of ample depth and width to permit the joint to be assembled properly and to relieve the pipe bell of any load. D. After the pipe section is properly placed, add the haunching material to the specified depth. The haunching material shall be shovel sliced, tamped, vigorously chinked or otherwise consolidated to provide uniform support for the pipe barrel and to fill completely the voids under the pipe, including the bell hole. Prior to placement of the haunching material, the bedding shall be clean and free of any water, loose rocks, boulders or dirt clods. E. Water Mains 1. Ductile Iron Pipe a. Unless otherwise shown on the Drawings or specified, utilize earth materials for bedding and haunching. Bedding shall meet the requirements of Type 2, 3, 4 and 5 of AWWA C150 /151 Standard Laying Conditions. b. Unless specified or shown otherwise, bedding shall meet the requirements for Type 2 AWWA C150/151 Standard Laying Conditions. Unless specified or shown otherwise for restrained joint pipe and fittings, bedding shall meet the requirements for Type 3 AWWA C150 /151 Standard Laying Conditions. c. Where the depth of cover over the piping exceeds 9 feet, the pipe bedding shall meet the requirements of Type 4 Pipe Bedding. Where the depth of cover over the piping exceeds 14 feet, the pipe bedding shall meet the requirements of Type 5 AWWA C150 /151 Standard Laying Conditions. d. Type 4 or Type 5 Pipe Bedding called for on the Drawings, specified or ordered by the Engineer, shall meet requirements for Type 4 or Type 5 AWWA C150 /151 Standard Laying Conditions, utilizing crushed stone bedding and haunching material. F. Manholes: Excavate to a minimum of 12- inches below the planned elevation of the base of the manhole. Place and compact crushed stone bedding material to the required grade before installing the manhole. G. Excessive Width and Depth 1. Water Mains: If the trench is excavated to excess width, provide the next higher type or class of pipe bedding, but a minimum of Type 4 AWWA C150 /151 Standard Laying Conditions. 2. If the trench is excavated to excessive depth, provide crushed stone to place the bedding at the proper elevation or grade. 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS H. Compaction: Bedding and haunching materials under pipe, manholes and accessories shall be compacted to a minimum of 90 percent of the maximum dry density, unless shown or specified otherwise. 3.10 INITIAL BACKFILL A. Initial backfill shall be placed to anchor the pipe, protect the pipe from damage by subsequent backfill and ensure the uniform distribution of the loads over the top of the pipe. B. Place initial backfill material carefully around the pipe in uniform layers to a depth of at least 18- inches above the pipe barrel or duct bank. Layer depths shall be a maximum of 6- inches for pipe 18- inches in diameter and smaller and a maximum of 12- inches for pipe larger than 18- inches in diameter. C. Backfill on both sides of the pipe simultaneously to prevent side pressures. D. Compact each layer thoroughly with suitable hand tools or tamping equipment. E. Initial backfill shall be compacted to a minimum 90 percent of the maximum dry density, unless shown or specified otherwise. F. If materials excavated from the trench are not suitable for use as backfill materials, provide select backfill material conforming to the requirements of this Section. 3.11 CONCRETE ENCASEMENT FOR PIPELINES A. Where concrete encasement is shown on the Drawings for pipelines, excavate the trench to provide a minimum of 6- inches clearance from the bell of the pipe. Lay the pipe to line and grade on concrete blocks. In lieu of bedding, haunching and initial backfill, place concrete to the full width of the trench and to a height of not less than 12- inches above the pipe bell. Do not backfill the trench for a period of at least 24 hours after concrete is placed. 3.12 FINAL BACKFILL A. Backfill carefully to restore the ground surface to its original condition. B. The top 6- inches shall be topsoil obtained as specified in "Trench Excavation" of this Section. C. Excavated material which is unsuitable for backfilling, and excess material, shall be disposed of, at no additional cost to the Owner, in a manner approved by the Engineer. Surplus soil may be neatly distributed and spread over the EXCAVATION AND FILL 31 23 00 12 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS site, if approved by the Engineer. If such spreading is allowed, the site shall be left in a clean and sightly condition and shall not affect pre - construction drainage patterns. Surplus rock from the trenching operations shall be removed from the site. D. If materials excavated from the trench are not suitable for use as backfill materials, provide select backfill material conforming to the requirements of this Section. E. After initial backfill material has been placed and compacted, backfill with final backfill material. Place backfill material in uniform layers, compacting each layer thoroughly as follows: 1. In 6 -inch layers, if using light power tamping equipment, such as a "jumping jack ". 2. In 12 -inch layers, if using heavy tamping equipment, such as hammer with tamping feet. 3. In 24 -inch layers, if using a hydra- hammer. F. Settlement: If trench settles, re -fill and grade the surface to conform to the adjacent surfaces. G. Final backfill shall be compacted to a minimum 90 percent of the maximum dry density, unless specified otherwise. 3.13 ADDITIONAL MATERIAL A. Where final grades above the pre - construction grades are required to maintain minimum cover, additional fill material will be as shown on the Drawings. Utilize excess material excavated from the trench, if the material is suitable. If excess excavated materials are not suitable, or if the quantity available is not sufficient, provide additional suitable fill material at no cost to the owner. 3.14 BACKFILL UNDER ROADS A. Compact backfill underlying pavement and sidewalks, and backfill under dirt and gravel roads to a minimum 95 percent of the maximum dry density. The top 12- inches shall be compacted to a minimum of 98 percent of the maximum dry density. 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 3.15 BACKFILL WITHIN GEORGIA DOT RIGHT -OF -WAY A. Backfill within the Georgia DOT right -of -way shall meet the requirements stipulated in the "Utility Accommodation Policy and Standards ", published by the Georgia Department of Transportation. 3.16 BACKFILL ALONG RESTRAINED JOINT PIPE A. Backfill along restrained joint pipe shall be compacted to a minimum 90 percent of the maximum dry density. 3.17 DETECTION TAPE A. The detection tape shall be buried 4 to 10- inches beneath the ground surface directly over the top of the pipe. Should detection tape need to be installed deeper, the Contractor shall provide 3 -inch wide tape. In no case shall detection tape be buried greater than 20- inches from the finished grade surface. 3.18 TESTING AND INSPECTION A. The soils testing laboratory is responsible for the following: 1. Compaction tests in accordance with Article 1.02 of this Section. 2. Field density tests for each two feet of lift, one test for each 1,000 feet of pipe installed or more frequently if ordered by the Engineer. 3. Inspecting and testing stripped site, subgrades and proposed fill materials. B. The Contractor's duties relative to testing include: 1. Notifying laboratory of conditions requiring testing. 2. Coordinating with laboratory for field testing. 3. Paying costs for additional testing performed beyond the scope of that required and for re- testing where initial tests reveal non - conformance with specified requirements. 4. Providing excavation as necessary for laboratory personnel to conduct tests. C. Inspection 1. Earthwork operations, acceptability of excavated materials for bedding or backfill, and placing and compaction of bedding and backfill is subject to inspection by the Engineer. EXCAVATION AND FILL 31 23 00 14 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS D. Comply with applicable codes, ordinances, rules, regulations and laws of local, municipal, state or federal authorities having jurisdiction. 3.19 DISPOSAL OF SPOIL A. Dispose of excavated materials, which are unsuitable or exceed quantity needed for fill or backfill, offsite. B. Dispose of debris resulting from removal of underground facilities as specified in Section 02 41 00, Demolition, for demolition debris. C. Dispose of debris resulting from removal of organic matter, trash, refuse, and junk as specified in Section 31 10 00, Site Clearing, for clearing and grubbing debris. END OF SECTION 31 23 00 EXCAVATION AND FILL REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 31 25 00 EROSION AND SEDIMENTATION CONTROLS PART 1 GENERAL 1.01 SCOPE A. The Work specified in this Section consists of providing and maintaining temporary and permanent erosion and sedimentation controls as shown on the Drawings. This Section also specifies the subsequent removal of temporary erosion and sedimentation controls. B. Temporary and permanent erosion and sedimentation controls include grassing and mulching of disturbed areas and structural barriers at those locations which will ensure that erosion during construction will be maintained within acceptable limits. Acceptable limits are as established by the Georgia Erosion and Sedimentation Control Act of 1975, as amended, Section 402 of the Federal Clean Water Act, and applicable codes, ordinances, rules, regulations, and laws of local, state, and municipal authorities having jurisdiction. C. Land disturbance activity shall not commence until the Land Disturbance Permit has been issued. 1.02 SUBMITTALS A. Submit product data in accordance with the requirements of Section 01340 of these Specifications. 1.03 QUALITY ASSURANCE A. The temporary and permanent erosion and sedimentation control measures shown on the Drawings are minimum suggested requirements. Any additional erosion and sedimentation control measures required by the Contractor's means, methods, techniques, and sequence of operation will be installed by the Contractor at no additional cost to the Owner. B. Perform all Work under this Section in accordance with all pertinent rules and regulations including, but not necessarily limited to, those stated in these Specifications. Where provisions of pertinent rules and regulations conflict with these Specifications the more stringent provisions shall govern. C. Provide all materials and promptly take all actions necessary to achieve effective erosion and sedimentation control in accordance with the Georgia 31 25 00 EROSION AND SEDIMENTATION CONTROLS REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS Erosion and Sedimentation Control Act of 1975 as amended (OCGA §12 -7 -1, et. seq.), local ordinances, other permits, local enforcing agency guidelines, and these Specifications. D. Basic Principles: 1. Coordinate the land disturbance activities to fit the topography, soil types, and conditions. 2. Minimize the disturbed area and the duration of exposure to erosive elements. 3. Provide temporary or permanent stabilization to disturbed areas immediately after rough grading is complete. 4. Safely convey run -off from the site to a stable outlet to prevent flooding and damage to downstream facilities resulting from increased runoff from the site. 5. Retain sediment on -site that was generated on -site. 6. Minimize encroachment upon watercourses. E. Implementation: 1. The Contractor is solely responsible for the control of erosion within the Project site and the prevention of sedimentation from leaving the Project site or entering waterways. 2. The Contractor shall install temporary and permanent erosion and sedimentation controls which will ensure that runoff from the disturbed area of the Project site shall pass through a filter system before exiting the Project site. 3. The Contractor shall provide temporary and permanent erosion and sedimentation control measures to prevent silt and sediment from entering the waterways and designated wetland areas. The Contractor shall maintain an undisturbed vegetative buffer a minimum of 25 feet from the top of the bank. 4. The Contractor shall limit land disturbance activity to those areas shown on the Drawings. 5. The Contractor shall maintain erosion and sedimentation control measures within disturbed areas on the entire site at no additional cost to the Owner until the final acceptance of the Project. Maintenance shall include mulching, re- seeding, clean-out of sediment barriers and sediment ponds, replacement of washed -out or undermined rip rap and erosion control materials, to the satisfaction of the Owner and Engineer. 6. All fines imposed for improper erosion and sedimentation control shall be paid by the Contractor. EROSION AND SEDIMENTATION CONTROLS 31 25 00 2 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS PART 2 PRODUCTS 2.01 SEDIMENT BARRIER A. Silt Fence: 1. Type C Silt Fence is a combination of Type A silt Fence with woven wire reinforcement. Type C Silt Fence reinforcement shall meet the requirements of Section 171 of Georgia D.O.T. Specifications. 2. Silt fence fabric shall be an approved product on the Georgia DOT Qualified Product List No. 36, latest edition. B. Hay Bales: Hay bales shall be clean, seed -free cereal hay, rectangular in shape, and contain five cubic feet or more of material. C. Concrete Blocks: Concrete blocks shall be hollow, non -load- bearing type. D. Plywood shall be 3/4 -inch thick exterior type. 2.02 CONSTRUCTION EXIT STONE A. Use sound, tough, durable stone resistant to the action of air and water. Slabby or shaley pieces will not be acceptable. Aggregate size shall be in accordance with the National Stone Association Size R -2 (1.5 to 3.5 -inch stone) or Type 3 rip rap stone conforming to Section 805.01 of the Georgia Department of Transportation Standard Specifications. 2.03 CONCRETE A. Concrete shall conform to the requirements specified in Section 02225 of these Specifications for 3000 psi concrete. 2.04 RIP RAP A. Stone Rip Rap: Use sound, tough, durable stones resistant to the action of air and unless noted otherwise, stone rip rap shall be Type 1. 1. Type 1 Rip Rap: Rip rap size and gradation shall conform to Section 805.01 of the Georgia Department of Transportation Standard Specification for Type 1 Stone Dumped Rip Rap. 2. Type 3 Rip Rap: Rip rap size and gradation shall conform to Section 805.01 of the Georgia Department of Transportation Standard Specifications for Type 3 Stone Dumped Rip Rap. B. Sand Cement Bag Rip Rap: Sand cement bag rip rap shall conform to the Georgia Department of Transportation Standard Specifications, Section 603. 31 25 00 EROSION AND SEDIMENTATION CONTROLS REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 2.05 PLASTIC FILTER FABRIC A. Plastic filter fabric shall conform to the Georgia Department of Transportation Standard Specifications, Section 881, for filter fabrics. B. Plastic filter fabric shall be an approved product on the Georgia Department of Transportation Qualified Product List No. 28, latest edition. 2.06 GRASSING A. Grassing materials shall meet the requirements of the Georgia Department of Transportation Standard Specifications, latest edition; as shown in the table: Material Section No. Topsoil 893.01 Seed and Sod 890 Fertilizer 891.01 Agricultural Lime 882.02 Mulch 893.02 Inoculants 893.04 B. Seed species shall be provided as shown on the Drawings. C. Mulch Binder: Mulch on slopes exceeding 3 (horizontal) to 1 (vertical) shall be held in place by the use of a mulch binder, as approved by the Engineer. The mulch binder shall be non -toxic to plant and animal life and shall be approved by the Engineer. D. Water: Water shall be free of excess and harmful chemicals, organisms, and substances which may be harmful to plant growth or obnoxious to traffic. Salt or brackish water shall not be used. Water shall be furnished by the Contractor. PART 3 EXECUTION 3.01 GENERAL A. Temporary and permanent erosion and sedimentation control measures shall prevent erosion and prevent sediment from exiting the site. If, in the opinion of the Owner, Engineer, or state inspector, the Contractor's temporary erosion and sedimentation control measures are inadequate, the Contractor shall provide additional maintenance for existing measures or additional devices to control erosion and sedimentation on the site at no additional cost to the Owner. EROSION AND SEDIMENTATION CONTROLS 31 25 00 4 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS B. All erosion and sedimentation control devices and structures shall be inspected by the Contractor at least once a week and immediately after each rainfall occurrence. Any device or structure found to be damaged shall be repaired or replaced immediately. C. All erosion and sedimentation control measures and devices shall be constructed and maintained as indicated on the Drawings or specified herein until adequate permanent disturbed area stabilization has been provided and accepted by the Engineer. Once adequate permanent stabilization has been provided and accepted by the Engineer, all temporary erosion and sedimentation control structures and devices shall be removed. 3.02 SEDIMENT CONTROL A. Construction Exit: 1. Construction exit(s) shall be placed as shown on the Drawings and as directed by the Engineer. A construction exit shall be located at any point traffic will be leaving a disturbed area to a public right -of -way, street, alley, sidewalk, or parking area. 2. Placement of Construction Exit Material: The ground surface upon which the construction exit material is to be placed shall be prepared to a smooth condition free from obstructions, depressions or debris. The plastic filter fabric shall be placed to provide a minimum number of overlaps and a minimum width of one foot of overlap at each joint. The stone shall be placed with its top elevation conforming to the surrounding ground elevations. The stone shall be dropped from no more than a three feet height during construction. 3. Construction Exit Maintenance: The Contractor shall regularly maintain the exit with the top dressing of stone to prevent tracking or flow of soil onto public rights -of -way and paved surfaces as directed by the Engineer. 4. Construction Exit Removal: Construction exit(s) shall be removed and properly disposed of when the disturbed area has been properly stabilized, the tracking or flow of soil onto public rights -of -way or paved surfaces has ceased and as directed by the Engineer. B. Sediment Barriers: 1. Sediment barriers shall include, but are not necessarily limited to, silt fences, hay bales, and any device which prevents sediment from exiting the disturbed area. 2. Silt fences and hay bales shall not be used in any flowing stream, creek, or river. 31 25 00 EROSION AND SEDIMENTATION CONTROLS REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 3. Sediment barriers shall be installed as shown on the Drawings and as directed by the Owner or Engineer. 4. Sediment barriers shall be maintained to ensure the depth of impounded sediment is no more than one -half of the original height of the barrier or as directed by the Engineer. Torn, damaged, destroyed, or washed -out barriers shall be repaired, reinforced, or replaced with new material and installed as shown on the Drawings and as directed by the Owner or Engineer. 5. Accumulated sediment shall be removed from the barrier and replaced and stabilized on -site as directed by the Owner or Engineer. 6. Sediment barrier shall be removed once the disturbed area has been stabilized with a permanent vegetative cover and the sediment barrier is no longer required as directed by the Engineer. 7. All non - biodegradable parts of the barrier shall be disposed of properly. 8. The disturbed area created by barrier removal shall be permanently stabilized. C. Sediment Boxes: All inlet grates shall be covered with sediment boxes during grading operations and shall remain so covered until all open areas are permanently stabilized against erosion. 3.03 EROSION CONTROL A. Rip Rap 1. Rip rap shall be placed as shown on the Drawings and as directed by the Engineer. Rip rap shall be placed at all points where natural vegetation is disturbed on the banks of active streams. Compact backfill and place rip rap to prevent subsequent settlement and erosion. This requirement applies equally to construction alongside a stream as well as crossing a stream or drainage ditch. 2. When trenching across a stream or drainage ditch, place rip rap over the entire disturbed area upstream and downstream of the trench excavation. Place rip rap across creek bottom, across creek banks, and extend rip rap placement five feet beyond the top of each creek bank. 3. Preparation of Foundations: The ground surface upon which the rip rap is to be placed shall be brought to the correct lines and grades before placement is commenced. Where filling of depressions is required, the new material shall be compacted with hand or mechanical tampers. Unless at creek banks or otherwise shown or specified, rip rap shall begin in a toe ditch constructed in original ground around the toe of the fill or the cut slope. The toe ditch shall be two feet deep in original ground, and the side next to the fill or cut shall have that same slope. After the rip rap is placed, the toe ditch shall be backfilled and the excess dirt spread neatly on the site. EROSION AND SEDIMENTATION CONTROLS 31 25 00 6 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 4. Placement of Plastic Filter Fabric: a. Plastic filter fabric shall be placed under all rip rap unless shown or specified otherwise. b. Filter fabric shall not be placed under rip rap on stream or drainage ditch crossings. c. The surface to receive filter fabric shall be prepared to a smooth condition free from obstructions, depressions, and debris. The filter fabric shall be installed with the long dimension running up the slope and shall be placed to provide a minimum number of overlaps. The fabric shall be placed to provide a minimum width of one foot of overlap at each joint. The fabric shall be placed so that the upstream strip overlaps the downstream strip. The fabric shall be anchored in place with securing pins of the type recommended by the fabric manufacturer. Pins shall be placed on or within 3- inches of the centerline of the overlap. The fabric shall be placed loosely to avoid stretching and tearing during placement of the stone. The fabric shall be protected at all times during construction from clogging due to clay, silts, chemicals, or other contaminants. Contaminated fabric or fabric damaged during installation or during placement of rip rap shall be removed and replaced with uncontaminated and undamaged fabric at no additional cost to the Owner. 5. Placement of Rip Rap: Rip rap shall be placed on a 6 -inch layer of soil, crushed stone or sand overlaying the filter fabric. Rip rap shall be placed with its top elevation conforming with the finished grade or the natural existing slope of the stream bank and stream bottom. The stone shall be dropped from no more than a three foot height during construction. Stone rip rap shall be placed to provide a uniform surface to the thickness shown on the Drawings. The thickness tolerance for the course shall be —3 inches and +6 inches. B. Grassing: 1. Temporary Stabilization: Temporary stabilization shall be provided as shown on the Drawings and conforming to these Specifications to control erosion on the site. Temporary stabilization shall be provided to any area that will not receive permanent stabilization within the next 14 calendar days. Partial payment requests may be withheld for those portions of the Project not complying with this requirement. 2. Permanent Stabilization: 31 25 00 EROSION AND SEDIMENTATION CONTROLS REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS a. Permanent stabilization shall be provided as shown on the Drawings and conforming to these Specifications to control erosion on the site. Permanent stabilization shall be provided to all areas of land disturbance within seven calendar days of the completion of land disturbance for any area greater than 0.25 acre. b. Where permanent stabilization cannot be immediately established because of an inappropriate season, the Contractor shall provide temporary stabilization. The Contractor shall return to the site at the appropriate season to provide permanent stabilization in areas that received only temporary stabilization. 3. Grassing shall meet the requirements of Section 700 of the Georgia Department of Transportation Standard Specifications, latest edition, unless specified otherwise. 4. Seed rate, fertilization and other requirements shall be provided as shown on the Drawings. 3.04 CLEAN -UP A. Dispose of all excess erosion and sedimentation control materials in a manner satisfactory to the Owner and Engineer. B. Final clean -up shall be performed in accordance with the requirements of these Specifications and to the satisfaction of the Owner and Engineer. END OF SECTION EROSION AND SEDIMENTATION CONTROLS 31 25 00 8 REVISION AUGUST 2009 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 33 13 00 DISINFECTING OF WATER UTILITY DISTRIBUTION PART 1 GENERAL 1.01 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. Augusta Utilities Department's "Water & Sanitary Sewer Systems - Guidelines" (most recent edition); available at //www.augustaga.govidepartments/planning_zoning/dev_docs.asp. In the event that any specific item of work is not covered in this specification the above referenced document shall govern. 2. American Water Works Association (AWWA): a. B300, Hypochlorites. b. B301, Liquid Chlorine. c. B302, Ammonium Sulfate d. B303, Sodium Chlorite. e. C651, Disinfecting Water Mains. f. C652, Disinfection of Water Storage Facilities. g. C653, Disinfection of Water Treatment Plants. 3. Standard Methods for the Examination of Water and Wastewater, as published by American Public Health Association, American Water Works Association, and the Water Environment Federation. 1.02 SUBMITTALS A. Informational Submittals: 1. Plan describing and illustrating conformance to appropriate AWWA standards and this Specification (if required). 2. Procedure and plan for cleaning system. 3. Procedures and plans for disinfection and testing. 4. Proposed locations within system where Samples will be taken. 5. Type of disinfecting solution and method of preparation. 6. Certification that employees working with concentrated chlorine solutions have received appropriate safety training. 7. Method of disposal for highly chlorinated disinfecting water. 33 13 00 DISINFECTION OF WATER REVISION JULY 2008 1 UTILITY DISTRIBUTION AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS PART 2 PRODUCTS 2.01 WATER FOR DISINFECTION AND TESTING A. Clean, uncontaminated, and potable. B. Owner will supply potable quality water. Contractor shall convey in disinfected pipelines or containers. 2.02 CONTRACTOR'S EQUIPMENT A. Furnish chemicals and equipment, such as pumps and hoses, to accomplish disinfection. B. Water used to fill pipeline may be supplied using a temporary connection to existing distribution system. Provide protection against cross - connections as required by AWWA C651. 2.03 DISINFECTANT A. The following disinfectant product(s) shall not be used: chlorine gas. PART 3 EXECUTION 3.01 GENERAL A. Conform to AWWA C651 for pipes and pipelines, except as modified in these Specifications. B. Disinfect the following items installed or modified under this Project, intended to hold, transport, or otherwise contact potable water: 1. Pipelines: Disinfect new pipelines that connect to existing pipelines up to point of connection. 2. Disinfect surfaces of materials that will contact finished water, both during and following construction, using one of the methods described in AWWA C652 and C653. Disinfect prior to contact with finished water. Take care to avoid recontamination following disinfection. C. Prior to application of disinfectants, clean pipelines of loose and suspended material. D. Allow freshwater and disinfectant solution to flow into pipe or vessel at a measured rate so chlorine -water solution is at specified strength. Do not place concentrated liquid commercial disinfectant in pipeline or other facilities to be disinfected before it is filled with water. DISINFECTION OF WATER 33 13 00 UTILITY DISTRIBUTION 2 REVISION JULY 2008 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS E. Owner will supply sufficient potable water and testing for the Contractor to complete the initial execution outlined in this section. The Contractor is responsible to the Owner for the costs of additional potable water and testing due to failure of the initial tests. 3.02 SEQUENCING AND SCHEDULING A. Commence initial disinfection after completion of following: 1. Completion and acceptance of internal painting of system(s). 2. Hydrostatic and pneumatic testing, pressure testing, functional and performance testing and acceptance of pipelines, pumping systems, structures, and equipment. 3. Disinfection of: a. Pumps and associated system piping. b. Treatment plant basins and processes used to supply water to system. 3.03 PIPING AND PIPELINES A. Cleaning: 1. Before disinfecting, clean all foreign matter from pipe in accordance with AWWA C651. 2. If the continuous feed method or the slug method of disinfection, as described in AWWA C651 are used, flush pipelines with potable water until clear of suspended solids and color. Provide hoses, temporary pipes, ditches, and other conduits as needed to dispose of flushing water without damage to adjacent properties. 3. Flush service connections and hydrants. Flush distribution lines prior to flushing hydrants and service connections. Operate valves during flushing process at least twice during each flush. 4. Flush pipe through flushing branches and remove branches after flushing is completed. B. Disinfecting Procedure: In accordance with AWWA C651, unless herein modified. 3.04 PUMPS A. Disinfecting Solutions: Minimum free chlorine concentration of 100 ppm. B. Application: 33 13 00 DISINFECTION OF WATER REVISION JULY 2008 3 UTILITY DISTRIBUTION AUGUSTA UTILIT D E STANDARD TECHNICAL IES SPECIFICATIONS 1. Inject disinfecting solution into pump and associated piping and circulate for a minimum 3 -hour period of time. At end of 3 -hour period, solution shall have a strength of at least 50 ppm free chlorine. 2. Operate valves and pump appurtenances during disinfection to ensure that disinfecting solution is dispersed into all parts of pump and lines. 3. If disinfecting solution contained in pump has a residual free chlorine concentration less than 50 ppm after the 3 -hour retention period, reclean pump, reapply disinfecting solution, and retest until a satisfactory test result is obtained. 4. After chlorination, flush water from pump until water through the unit is chemically and bacteriologically equal to permanent source of supply. 3.05 TANKS AND RESERVOIRS A. Cleaning: 1. Clean interior surfaces using water under pressure before sterilizing. Isolate tank or reservoir from system to prevent contaminating materials from entering the distribution system. Cleaning shall: a. Remove all deposits of foreign nature. b. Remove all biological growths. c. Clean the slopes, walls, top, and bottom. d. Avoid damage to the structure. e. Avoid pollution or oil deposits by workers and equipment. 2. Dispose of water used in cleaning in accordance with applicable regulations before adding disinfecting solution to tank or reservoir. B. Disinfecting Procedure: In accordance with AWWA C652, unless herein modified. Parts of structures, such as ceilings or overflows that cannot be immersed, shall be spray or brush disinfected. 3.06 DISPOSAL OF HEAVILY CHLORINATED WATER A. Do not allow flow into a waterway without neutralizing disinfectant residual. B. See the appendix of AWWA C651 or C652 as applicable for acceptable neutralization methods. 3.07 TESTING A. Collection of Samples: 1. Coordinate activities to allow Samples to be taken in accordance with this Specification. DISINFECTION OF WATER 33 13 00 UTILITY DISTRIBUTION 4 REVISION JULY 2008 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 2. Provide valves at sampling points. 3. Provide access to sampling points. 4. The Owner's laboratory will obtain the Samples. B. Test Equipment: 1. The Owner's laboratory will provide the testing equipment. C. Chlorine Concentration Sampling and Analysis: 1. The Owner's laboratory will collect and analyze Samples in accordance with pertinent AWWA sections. 2. Sampling Frequency for Disinfecting Solution: 2 Samples per segment tested. 3. Residual Free Chlorine Samples: 2 Samples per segment tested. 4. Dechlorinated Disinfecting Wastewater Residual Samples: as necessary. 5. Sampling Locations: as determined by the Owner /Engineer. 6. Analysis to be performed by the Owner's laboratory. Samples will be analyzed for free chlorine as described in latest edition of Standard Methods for Examination of Water and Wastewater. D. After tanks, reservoirs, pumps, and pipelines have been cleaned, disinfected, and refilled with potable water, Owner will take water Samples and have them analyzed for conformance to bacterial limitations for public drinking water supplies. 1. Samples shall be collected in accordance with applicable AWWA Standard. 2. Samples shall be analyzed for coliform concentrations in accordance with latest edition of Standard Methods for the Examination of Water and Wastewater. 3. A minimum of two Samples on each of 2 consecutive days from each separable structure and every 1,000 feet of pipeline shall be obtained and analyzed by standard procedures outlined by state and local regulatory agencies. 4. Sampling points shall be representative and accepted by the Owner /Engineer. 5. Initial samples at each location to be scheduled on a Monday, Tuesday, or Wednesday unless a deviation is specifically approved by the Owner. 6. Contractor shall provide the Owner a minimum of 48 -hours notice prior to the initiation of the sampling process. 33 13 00 DISINFECTION OF WATER REVISION JULY 2008 5 UTILITY DISTRIBUTION AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS E. If minimum Samples required above are bacterially positive, disinfecting procedures and bacteriological testing shall be repeated until bacterial limits are met. END OF SECTION DISINFECTION OF WATER 33 13 00 UTILITY DISTRIBUTION 6 REVISION JULY 2008 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS SECTION 33 12 19 WATER UTILITY DISTRIBUTION FIRE HYDRANTS PART 1 GENERAL 1.01 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. Augusta Utilities Department's "Water & Sanitary Sewer Systems - Guidelines" (most recent edition); available at / /www.augustaga.gov/ departments /planning_zoning/dev docs.asp. In the event that any specific item of work is not covered in this specification the above referenced document shall govern. 2. American Water Works Association (AWWA): a. C502, Dry - Barrel Fire Hydrants. b. C600, Standard for Installation of Ductile -Iron Water Mains and Their Appurtenances. 3. ASTM International (ASTM): C94, Standard Specification for Ready - Mixed Concrete. 1.02 SUBMITTALS A. Action Submittals: Catalog cuts of system components. B. Informational Submittal: Certificate of Compliance: Upon completion of the system installation, Contractor to verify all fire department hose connections, and check all fire safety devices to ensure their readiness for emergency connection and operation. PART 2 PRODUCTS 2.01 FIRE HYDRANTS A. Hydrant: 1. Break flange or safety top type. 2. Nominal 5 -1/4 -inch main valve opening with 6 -inch bottom connections. 3. Conform to AWWA C502. 4. Two 2 -1/2 -inch hose nozzles. 5. One 4 -1/2 -inch pumper nozzle. 6. Operating Nuts: 1 -1/2 -inch National Standard pentagon nut. 7. Mechanical joint inlet connection. 33 12 19 WATER UTILITY DISTRIBUTION REVISION JULY 2008 1 FIRE HYDRANTS AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 8. Yellow above ground line. 9. Integral Davidson Anti- Terrorist Valve. 10. Manufacturer and Product: a. Mueller; #A -24018 b. M &H Figure 129T c. American AVK 2700 Series B. Main Valve: 1. Depth of Bury: 4 feet. 2. Equip with 0-ring seals. 3. Valve opens on clockwise /counterclockwise rotation as specified on drawings. 4. U.S. Pipe Metro-Seal 250 Resilient Seated Gate Valve 2.02 PRECAST CONCRETE PIER BLOCK A. Nominal dimensions of 8 -inch thickness by 16 -inch square base. B. Compressive Strength: 3,000 psi at 28 days. 2.03 GRAVEL FOR DRAINAGE A. Washed 3/4 -inch drainage gravel. Free of organic matter, sand, loam, clay, and other small particles that will restrict water flow through gravel. 2.04 FOUNDATION STABILIZATION MATERIAL A. Furnish when existing trench material or imported pipe base material will not support soft or flooded spots in excavated trench. B. Maximum 3 -inch hard rock free from excessive clay material, but enough fines to bind larger fragments. 2.05 CONCRETE FOR THRUST BLOCKING A. Ready -mix meeting ASTM C94, Alternative 2. B. Compressive Strength: 3,000 psi at 28 days. C. Aggregate Size: 1-1/2 inches. D. Slump: 2 to 4 inches. WATER UTILITY DISTRIBUTION 33 12 19 FIRE HYDRANTS 2 REVISION JULY 2008 AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 2.06 THRUST TIES A. 3/4 -inch diameter steel rods. B. Duc -Lugs Manufacturer: The Stellar Corp., Columbus, OH. 2.07 MECHANICAL WEDGE ACTION TYPE JOINT: A. Prior to purchase and installation, type and application of this joint shall be approved by Engineer. B. Manufacturers and Products: 1. EBAA Iron; Mega -Lug 2. Smith - Blair, Inc.; 111 Cam -Lock PART 3 EXECUTION 3.01 GENERAL A. Install hydrants in accordance with Sections 3.7 and 3.8 of AWWA C600, unless specified otherwise. 3.02 EXCAVATION A. Excavate to subgrade. Fill over excavated areas with foundation stabilization material. Tamp to provide firm foundation. 3.03 BASE BLOCK A. Place on firm, level subgrade to ensure uniform support. 3.04 INSTALLATION OF HYDRANTS A. Locate hydrants to provide accessibility and to minimize potential damage from vehicles. 1. Relocate improperly set hydrants. 2. Hydrant Located behind Curbs: Set barrel so pumper nozzle or hose nozzle caps are a minimum of 18 inches from gutter face of curb. 3. Hydrant Located in Space between Curb and Sidewalk: Not less than 8 inches, clear from sidewalks. 4. Hydrant Located between Sidewalk and Property Line: Minimum clearance 8 inches from sidewalk. 33 12 19 WATER UTILITY DISTRIBUTION REVISION JULY 2008 3 FIRE HYDRANTS AUGUSTA UTILITIES DEPARTMENT STANDARD TECHNICAL SPECIFICATIONS 5. Set hydrants so safety flange is a minimum of 2 inches above finished ground or sidewalk level. B. Place hydrant on base block carefully to prevent the base block from breaking. C. Joints shall conform to Section 3.4 of AWWA C600 when cast or ductile iron pipe is used. D. Maintain hydrant in a plumb position during subsequent Work. E. Hydrant valve not to exceed 4 feet from main line tee unless specifically approved by the Owner's representative. 3.05 GRAVEL FOR DRAINAGE A. Place gravel around base block and hydrant bottom in accordance with Section 3.7 of AWWA C600. 3.06 CONCRETE THRUST BLOCKING A. Place blocking after hydrant is set in final position and joined to pipe. B. Concrete thrust block shall have a minimum of 4 square feet of bearing area against undisturbed earth. 3.07 THRUST TIES A. Install thrust ties in lieu of concrete thrust blocking when ground surface behind hydrant is less than 2 feet above top of hydrant base. 1. Install two tie rods between main valve and hydrant. 2. Install mechanical joint glands with lugs in joints between hydrant, main valve and main line tee. 3.08 MECHANICAL WEDGE ACTION TYPE JOINT A. Install mechanical wedge anchors at every joint between main line tee and fire hydrant. END OF SECTION WATER UTILITY DISTRIBUTION 33 12 19 FIRE HYDRANTS 4 REVISION JULY 2008 REVISED APRIL 2014 G E' O R G I A AUGUSTA UTILITIES DEPARTMENT MEASUREMENT AND PAYMENT WATER MAIN ITEMS W - 1(A - Z) - All piping line items shall be measured in linear feet and shall include costs for piping and installation, locating wire, locating tape, normal joints and gaskets, trench excavation, trench protection, dewatering, bedding material, asphalt cutting, normal backfill, pressure and leakage testing, pipe sterilization, bacteriological testing, and flushing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS W - 2(A - Z) - All piping line items shall be measured in linear feet and shall include costs for piping and installation, locating wire, locating tape, restrained joints and gaskets, trench excavation, trench protection, dewatering, bedding material, asphalt cutting, normal backfill, pressure and leakage testing, pipe sterilization, bacteriological testing, and flushing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W - 3(A - Z) - Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, field lok gasket carrier piping, and installation. Shall also include costs for bore pit excavation, trench protection, dewatering, bedding material, asphalt cutting, end seals, casing spacers, normal backfill, pressure and leakage testing, pipe sterilization, bacteriological testing, and flushing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. LS24 -WATER MEASURE PMT 2014 1 OF 9 REVISED APRIL 2014 ITEM W - Miscellaneous pipe fittings shall be measured in pounds of the fitting only and include costs for all water fittings and installation including polywrap and mechanical joint restraint, regardless of material. Miscellaneous Pipe Fittings shall either be Mechanical Joint Fittings and /or Flanged Fitting unless otherwise specified on the plans or contract documents. All mechanical joint fittings shall be installed using approved restraining glands, no separate payment will be made for these restraining glands. Approved adapters shall be used where necessary to provide a transition between pipes and /or fittings of differing outside diameters. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. Thrust blocking shall only be utilized, in addition to restraining glands, if specified on plans, when tying -into existing non - restrained pipe, or when approved by AUD Construction Inspector, and will be paid for under pay M -2. ITEM W - - Fire hydrants shall be measured individually (each) and shall include costs for hydrants, fire hydrant riser, security check valve at the shoe, restrained ductile iron lead pipe, polywrap, valve, valve box, fittings associated with connecting to water main, connection to water main, stone drain bed, soil surface preparation excavation, asphalt /concrete cutting, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS W - (A - Z) - All vertical gate valve line items shall be measured individually (each) and shall include costs for full body ductile iron valves, polywrap, hand wheel where specified, valve boxes /vaults, manholes, concrete collar, excavation, dewatering, asphalt /concrete cutting, all associated fittings, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS W - (A - Z) - All horizontal gate valve line items shall be measured individually (each) and shall include costs for full body ductile iron valves, polywrap, hand wheel where specified, valve boxes /vaults, manholes, concrete collar, excavation, dewatering, asphalt /concrete cutting, all associated fittings, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS W - (A - Z) - All butterfly valve line items shall be measured individually (each) and shall include costs for full body ductile iron valves, polywrap hand wheel where specified, valve boxes /vaults, manholes, concrete collar, excavation, dewatering, asphalt /concrete cutting, all associated fittings, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. AUD LS24 -WATER MEASURE PMT 2014 2 OF 9 REVISED APRIL 2014 ITEMS W - (A - Z) - All combination air valve, dual air valve, and air and vacuum valve line items shall be measured individually (each) and shall include costs for the specified air valve, brass fittings, copper tubing, PVC fittings, PVC schedule 80 pipe, painted air release pipe with cap, bollards, pipeline marker, manhole, concrete collar, excavation, dewatering, asphalt/ concrete cutting, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W - 10 - Tapping sleeve and valves shall be measured individually (each) and shall include costs for tapping sleeve, tapping valve, associated hardware, polywrap, valve boxes, concrete collar, temporary plugging /draining of pipeline, excavation, dewatering, asphalt/ concrete cutting, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W - Check valves, Actuator valves, and Pressure Reducing Valves shall be measured individually (each) and shall include costs for valves, valve boxes /vaults, manholes, concrete collars, excavation, dewatering, asphalt/ concrete cutting, all associated pipe and fittings, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W - 12 - All cut -in gate valves shall be measured individually (each) and shall include costs for full body ductile iron valves, valve boxes /vaults, concrete collar, manholes, excavation, dewatering, asphalt /concrete cutting, all associated fittings, installation, normal backfill, and testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W - 13 (A - Z) - Long side water service connections shall be measured individually (each) and shall include costs for piping, all associated fittings, water meter connection, relocating water meter if necessary, dewatering, asphalt /concrete cutting (including service markings), installation: open cut and /or by torpedo, normal backfill, grassing, and property restoration. This line item shall include the cost of reconnection of any existing services, if required. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W - 14 (A - Z) - Short side water service connections shall be measured individually (each) and shall include costs for piping, all associated fittings, water meter connection, relocating water meter if necessary, dewatering, asphalt /concrete cutting (including service markings), installation: open cut and /or by torpedo, normal backfill, grassing, and property restoration. This line item shall include the cost of reconnection of any existing services, if required. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. AUD LS24 -WATER MEASURE PMT 2014 3 OF 9 REVISED APRIL 2014 ITEM W - 15 - Polyethylene pipe wrap shall be measured in linear feet and shall include costs for pipe wrap materials and installation. Polyethylene pipe wrap shall be 8.0 mils in thickness. No additional payment shall be made for these items. ITEM W - 16 - Tie -ins to existing lines shall be measured individually (each) and shall include costs for cutting, removal of any needed existing pipe, concrete anchor block with stainless steel rods to the existing line, and abandoning the existing line. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W - 17 - Miscellaneous concrete shall be measured in cubic yards and shall include costs for 3,000 psi concrete, form work, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W - 18 - Abandon valve shall be measured individually (each) and shall include costs for closing valve, removing valve riser, removing valve collar, removing valve lid, filling with flowable fill or dirt, situational specific. No additional payment shall be made for these items. ITEM W - 19 - Adjust valve box to grade shall be measured individually (each) and shall include costs for adjusting the height of the riser and the lid, remove and replacing the concrete collar. No additional payment shall be made for these items. ITEM W - 20 - Adjust water meter to grade shall be measured individually (each) and should only include costs for fill dirt, dirt removal, grassing, and property restoration. No additional pay item shall be made for this item. SANITARY SEWER ITEMS S - (A - Z) - All gravity sewer line piping line items shall be measured in linear feet and shall include costs for piping and installation, locating wire, locating tape, trench excavation, trench protection, dewatering, 57 stone, asphalt cutting, normal joints and gaskets, normal backfill, infiltration and exfiltration testing, and mandrel pulling. CCTV camera inspection will be performed by the Augusta Utilities Department. Lines will not be approved or accepted until the Augusta Utilities Department's Project Manager approves all testing results. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS S - (A - Z) - All force main sewer line piping line items shall be measured in linear feet and shall include costs for piping and installation, locating wire, locating tape, trench excavation, trench protection, dewatering, bedding material, asphalt cutting, normal joints and gaskets, normal backfill, air testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. AUD LS24 -WATER MEASURE PMT 2014 4 OF 9 REVISED APRIL 2014 ITEMS S -3 (A -Z) - All force main sewer line piping line items shall be measured in linear feet and shall include costs for piping and installation, locating wire, trench excavation, trench protection, dewatering, bedding material , asphalt cutting, restrained joints and gaskets, welded, fused, normal backfill, air testing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S-4 (A -Z) - Jack and bore line items shall be measured in linear feet and shall include costs for casing piping, field lok gasket carrier piping, and installation. Shall also include costs for bore pit excavation, trench protection, dewatering, asphalt cutting, end seals, casing spacers, normal backfill, infiltration and exfiltration testing, and mandrel pulling. CCTV camera inspection will be performed by the Augusta Utilities Department. Lines will not be approved or accepted until the Augusta Utilities Department's Project Manager approves all testing results. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S -5 - Miscellaneous pipe fittings shall be measured in pounds of the fitting only and include costs for all sewer fittings and installation including polywrap and mechanical joint restraint, regardless of material. Miscellaneous Pipe Fittings shall either be Mechanical Joint Fittings and /or Flanged Fitting unless otherwise specified on the plans or contract documents. All mechanical joint fittings shall be installed using approved restraining glands, no separate payment will be made for these restraining glands. Approved adapters shall be used where necessary to provide a transition between pipes and /or fittings of differing outside diameters. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. Thrust blocking shall only be utilized, in addition to restraining glands, if specified on plans, when tying -into existing non - restrained pipe, or when approved by AUD Construction Inspector, and will be paid for under pay Item M -2. ITEMS S -6 (A -Z) - Pre -cast manholes shall be measured individually (each) and shall include costs for manholes, ring and cover as specified on the plans, risers, concrete collar, excavation, 57 stone, dewatering, asphalt cutting, collars and boots, grouting and/or other connections, installation, normal backfill, and vacuum testing. Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re- tested at Contractor's expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS S -7 (A -Z) - Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation, dewatering, and backfill as specified by type and class. No additional payment shall be made for these items. AUD LS24 -WATER MEASURE PMT 2014 5 OF 9 REVISED APRIL 2014 ITEM S -8 (A -Z) - Sanitary sewer exterior manhole joint wrapping shall be measured i n div idually and shall include the costs for wrapping material and installation. No additi payment shall be made for these items. ITEM S -9 (A -Z) - Sanitary sewer interior protective coating shall be measured by th ver tical foot of manhole and shall include the costs for coating material and installatio No add itional payment shall bee made for these items. ITE S -10 - Outside drop piping shall be measured individually (each) and shall include th c osts for all piping, fittings, joint restraints, brick dam, and 57 stone. AUD will coor dinate materials testing, and be responsible for the cost of all passing tests. Costs asso ciated with any failed materials tests will be the responsibility of the contractor. No add itional payment shall be made for these items. ITEM S -11- Dog house /connector manholes shall be measured individually (each) and shall include the costs for excavation, 57 stone, dewatering, asphalt cutting, pipe cutting and removal, collars and boots, grouting and /or other connections, installation, normal backfill, and vacuum testing as specified. The costs for the manhole, ring and cover as specified on the plans, risers, and concrete collar shall be included within this line item. Additional depth manhole sections shall be included within the appropriate manhole line item Manhole vacuum testing shall include all costs for testing equipment, testing labor, mobilization, demobilization, and reporting. Manholes failing testing shall be re- tested at Contractor's expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S - 12 - Sanitary sewer manhole tie -ins shall be measured individually (each) and shall include costs for cutting /coring of existing manholes, collars, rubber boots, any required gaskets, concrete collar, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S - 13 - Sanitary sewer service connections shall be measured individually (each) and shall include costs for 6 -inch PVC piping, concrete collar or precast concrete valve ring, PVC twist -off plug, mainline wye, 6" wye, cleanout, plug, excavation, dewatering, asphalt /concrete cutting (including service markings), installation, normal backfill, and property restoration. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S - 14 - Concrete pipe encasement shall be measured in cubic yards and shall include costs for concrete, reinforcing steel when specified or detailed, form work, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. No additional payment shall be made for these items. AUD LS24 -WATER MEASURE PMT 2014 6 OF 9 REVISED APRIL 2014 ITEM S - 15 - Water main crossings shall be measured individually (each) and shall include costs for pipe cutting, excavation, ductile iron water piping, connection sleeves, normal backfill, and property restoration. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S - 16 - Polyethylene pipe encasement shall be measured in linear feet and shall include costs for pipe wrap materials and installation. Polyethylene pipe wrap shall be 8.0 mils in thickness. No additional payment shall be made for these items. ITEM S - 17 - Cut and plug sewers shall be measured in cubic yards and shall include costs for cutting of existing pipelines, plugging of existing pipelines with flowable fill, excavation, dewatering, asphalt /concrete cutting, and normal backfill. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM S - 18 - Abandon manhole shall be measured individually (each) and shall include costs for removing the cone, filling the trough with flowable fill, and filling the remainder of the manhole with select fill or flowable fill, situation specific. No additional payment shall be made for these items. ITEM S - 19 - Adjust manhole to grade shall be measured individually (each) and shall include costs for adjusting the height of the riser, manhole ring and cover, remove and replacing the concrete collar. No additional payment shall be made for these items. ITEM S - 20 - Miscellaneous concrete shall be measured in cubic yards and shall include costs for 3,000 psi concrete, form work, installation, excavation, dewatering, soil stabilization, pipe stabilization, asphalt cutting, and normal backfill. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. PAVEMENT STRUCTURES ITEM P - Asphalt overlay shall be measured in square yards and shall include costs for asphalt materials, tack coat, and installation, temporary striping and permanent striping (replaced in kind), and markers (both temporary and permanent). AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P - - Aggregate base (10 thick) and asphalt patch (2 thick) shall be measured in square yards and shall include costs for all aggregates (regardless of type), 2 graded aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation, striping (both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven (7) feet for AUD LS24 -WATER MEASURE PMT 2014 7 OF 9 REVISED APRIL 2014 payment purposes. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P - - Asphalt pavement leveling shall be measured in tons and shall include costs for all asphalt (regardless of type) used to create a level road surface prior to asphalt overlay as authorized by the project representative. The payment shall be based upon confirmed delivery tickets. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P4 - Milling shall be measured in square yards and shall include all materials, labor, equipment, and material removal and disposal costs. No additional payment shall be made for these items. ITEMS P - - Concrete sidewalk shall be measured in square yards and shall include costs for existing sidewalk removal and disposal, 3000 psi concrete, installation, site preparation, formwork, and finishing. Existing concrete shall be removed to the nearest joint as directed by the project representative. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEMS P - - Concrete driveways shall be measured in square yards and shall include costs for existing driveways removal and disposal, 3000 psi concrete, installation, site preparation, formwork, and finishing. Existing concrete shall be removed to the nearest joint as directed by the project representative. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P - - Asphalt driveway replacement shall be measured in square yards and shall include costs for existing asphalt removal and disposal, asphalt, tack coat, installation, site preparation. Existing asphalt shall be removed to the nearest joint as directed by the project representative. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P - - Curb and /or gutter placement shall be measured in linear feet and shall include costs for concrete, installation, site preparation, formwork, and finishing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM P - - Curb and /or gutter removal and replacement shall be measured in linear feet and shall include costs for removal and disposal of existing concrete curb and /or gutter, concrete, installation, site preparation, formwork, and finishing. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. AUD LS24 -WATER MEASURE PMT 2014 8 OF 9 REVISED APRIL 2014 ITEM P - 10 - Raised edge asphalt curb removal /replacement shall be measured in square yards and shall include costs for removal and disposal of existing asphalt curb, site preparation, tack coat, asphalt, and installation. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. MISCELLANEOUS ITEM M - Flowable fill shall be measured in cubic yards and shall include costs for all materials, labor, equipment, and excess materials. No additional payment shall be made for these items. ITEM M - - 3000 psi concrete shall be measured in cubic yards and shall include costs for excavation, labor, equipment, formwork, and concrete material placement. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM M - - Rock excavation shall be measured in cubic yards and shall include costs for blasting, labor, equipment, and material removal and disposal. No additional payment shall be made for these items. ITEM M4 - Select backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in- place" volume. The maximum trench width used to calculate the volume will be 7 feet. AUD will coordinate materials testing, and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM M - - Clearing and grubbing shall be measured in acres and shall include costs for vegetation removal, stockpiling, disposal and any required permitting. No additional payment shall be made for these items. ITEM M - (A - Z) - Fence removal and replacement shall be measured in linear feet and shall include all costs associated with removal and replacement of the existing fence with new materials of like quality as necessary for water line installation. No additional payment shall be made for these items. ITEM M - - Fiber Optic Cable shall be measured in linear feet and shall include costs for conduit and installation, locating tape, trench excavation, trench protection, dewatering, asphalt cutting, and normal backfill. No additional payment shall be made for these items. LUMP SUM CONSTRUCTION ITEM LS - Lump sum construction includes, but is not limited to, the items described in the bid schedule. No separate or additional payment shall be made for these items. Lump sum items will be addressed per each task order. AUD LS24 -WATER MEASURE PMT 2014 9 OF 9 luo artaae'zzztszi �almteyt! Z -t.... - (,f -.-5 -- -iPX- G F. ' n R 0 1 A ,.q . ( ri Waved, .1J nle i FAXED /MAILED TO: All Bidders Phyllis Johnson, Quality Assurance Anal Tom Wiedmeier, Utilities Department FROM: Geri Sams 4y t, t Procurement Director DATE: September 25, 2014 SUBJ: Clarifications to the Specifications and Responses to Vendor's Questions BID ITEM: Bid 14-211 Lakeside Drive 6 Inch Water Main Project Emergency for Utilities Department BID OPENING DATE: Tuesday, September 30, 2014 at 3:00 p.m. ADDENDUM NO. 1 This Addendum shall form a part of the referenced Bid Item: 14 -211, and any agreement entered into in connection therewith equally as if bound into the original document. Acknowledge receipt of this addendum on the Attachment B form. Clarifications to the Specifications: Please r x , t previous Bid Schedule Sheet and , -.,,a ; * with the ‘, - ,•c r3i,.. c` °‘ "t °+ Cr e. attached. Responses to the Vendor's Questions: 1. The valves shown on drawings od this project are shown to open right and close left. Should they open left close right, like on other water projects? Answer: The valves shown on the drawings and reference in the bid schedule item #4 will need to open left and close right. 2. There is no item number for the Connect to Existong 8" Watermain. Should this be added as a bid item or should it be included in the Lump Sum line item? Answer: Line item W -16 has been added to the bid schedule to include "Tie in to existing 8" line ". See attached revised bid schedule. 3. The asphalt milling is in the overlayment price. To be cost effective, should the asphalt milling not be a separate line item? Answer: Line item P4 has been added to the bid schedule to include "Milling" and removed from item P -1. See attached revised bid schedule 4. Restrained Joint pipe is noted on the drawings, but no amount of footage is noted. Can the amount of Restrained Joint Pipe be shown as a line item? Room 605 - 530 Greene Street. Augusta Georgia 30901 ( 706) 821 -2422 - Fax ( 706) 821-2811 ❑ + ❑ Scan this QR code with your � = • smartphone or camera equipped • Register at sv w.demandstar.com /supplier for automatic bid notification ' 4 o tablet to visit the Augusta, Georgia Addendum 1 Bid #14 -211 Page 1 of 2 Answer: Line item W2-A has been added to the bid schedule to include "6" dia., PVC, water trans. Main, Class 900, restrained joint". See attached revised bid schedule. NO'rF Al! Ime items fr, the bier schedule h1v: heen fipdater to , efier' the , f;uoinermy system ,Js the Nleasurerrient and Pavrirept Schedule Sec ltracheci rev/50c% bid sccteduie ATTACHMENTS: Please acknowledge addendum in your submittal END ADDENDUM REVISED BID SCHEDULE SHEET (1 PAGE) Addendum 1 Bid #14-211 Page 2 of 2 AUGUSTA WATER UTILITIES BID SCHEDULE DEPARTMENT Lakeside Drive Bid Tab Item Estimated Units Unit Price Total Price 'Description l Quantity Water W1-A 6" dia., PVC, water trans. Main, Class 900, Standard Joint 1565 LF W -2A 6" dia., PVC, water trans. Main, Class 900, Restrained Joint 95 LF W-4 Miscellaneous water pipe fittings and connections 300 LBS Fire hydrant, installed complete with W -5 valve, lead pipe, joint restraint, ATV, and blocking 2 EA 6" in -line gate valve, including valve W -12A box, installed, complete, open left/right 1 EA 8" in -line gate valve, including valve W -12B box, installed, complete, open left/right 1 EA New 1" service, installed including W -13A reconnection and new meter box, complete (verify sizes) 9 EA W -16 Tie in to existing 8" line 1 EA W -21 Cut and Plug existing water line 1 EA Asphalt overlay, type F, 1.5" thick, P -1 minimum 100 SY Graded aggregate base, 10.5" thick, p -2 3' wide and asphalt patch 2.5" thick, including removal of 2.5" GAB and placement of bituminous tack coat 20 SY P4 Milling 100 SY Select Backfill, GDOT Type I, Class I M-4 & II (Sand /Clay) - Measured in -place volume 1796 CY LS -1 Misc. Items 1 LS SUB TOTAL GRAND TOTAL NOTE: