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Home My WebLink AboutCONTRACT BETWEEN AUGUSTA, GEORGIA AND BLAIR CONSTRUCTION, INC. FOR JIMMIE DYESS WATER AND SANITARY SEWER IMPROVEMENTS PROJECT CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ' Jimmie Dyess Water and Sanitary Sewer Improvements Project ' Augusta, Georgia The Honorable Hardie Davis, Jr., Mayor ' Commissioners: William Fennoy ' Dennis Williams Mary Davis Sammie Sias Bill Lockett Ben Hasan ' Sean Frantom Wayne Guilfoyle Marion Williams ' Grady Smith ' Tom D. Wiedmeier Director, Augusta Utilities Department Augusta Utilities Department ' 360 Bay Street, Suite 180 Augusta, GA 30901 1 August 2016 I t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I CONTENTS ISECTION TITLE #OF PAGES II Invitation to Bid IB Instructions to Bidders 2 IP Proposal 2 Agreement 3 IA NA Notice of Award 1 INP Notice to Proceed 1 CO Change Order 1 I BB Bid Bonds 2 PB Performance and Payment Bonds 5 IGC General Conditions 52 SC Supplementary General Conditions 10 IStandard and Technical Specifications: I Section 01300 Administrative requirements 4 Section 01330 Submittal Procedures 6 Section 02055 Soils-Structural 4 I Section 02060 Aggregate 2 Section 02221 Selective Demolition 2 Section 02230 Clearing&Grubbing 2 Section 02324 Trenching 6 I Section 02374 Erosion Control Devices 2 Section 02512 Site Water Distribution 9 Section 02516 Disinfection of Water Distribution 5 I Section 02730 Sanitary Sewer Piping 8 Section 02731 Sanitary Manholes 10 Section 02732 Sanitary Sewer and Manhole Testing 6 Section 02734 Trenchless Utility Installation(Jacking) 8 I Section 02740 Flexible Pavement Structures 4 Section 02750 Concrete Construction 4 Section 02760 Flowable Fill Material 2 I Section 02822 Fence Removal and Replacement 4 Section 02924 Grassing and Mulching 4 AUD Measurement and Payment 10 I Executed Railroad Permit-CSX736344 18 IRevised 9/29/2016 I I I I I I I I I I I I I I I I I I I i 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 Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for ' a period of sixty (60) days after bids have been opened,pending the execution of contract with the successful bidder.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;535 Telfair 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. t I I I I I I I I I I I I I I I i ' 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. IIB-06 BIDDER'S QUALIFICATIONS I 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 I 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 IAt 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 Iauthorized 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. IIB-08 REJECTION OF BIDS I These proposals are asked for in good faith,and awards will be made as soon as practicable,provided satisfactory bids are received. The right is reserved,however to waive any informalities in bidding,to reject any and all proposals,or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the OWNER. I IB-2 I i i i i i i i i i i i i i MIL I . BECTON PROPOSAL Date: October 11, 2016 Gentlemen: In compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and material,and perform all work for the project referred to herein as: Bid#16.239 JIMMIE DYESS WATER AND SANITARY SEWER IMPROVEMENTS In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto/ and totaling: ;7M77 /1470/ ' -pc/ 12-7 /140.7e,/. oil yr And 47c' /100 Dollars( 934 /of`. + )• The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the Owner,and that he will provide the bond or guarantees ' required by the contract documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work in accordance with required contract performance dates based upon a written notice to proceed. The undersigned hereby also ' agrees that the work will be completed within a lime 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 as assigned. } The undersigned acknowledges receipt of the following addenda: Addendum No. Addendum Date 1 9/23/16 2 10/4/16 Enclosed is a bid guarantee consisting of a Bid Bond in the Amount of 10% of amount bid. ($ ) 87 #/o, Respectfully Submitted, ,, 111 Us,1 Blair Construction,Inc. 0 4• 'we i Firm 4` ��0� P.O. Box 770 Evans, GA 30809 :5 aux.' it = Address m � 0'z By: tikti jN\ I #°41/141111%, * , TITLE: Vice President P-I 1 i i i i i i i i 1 i 1 I I I I I I I L I . IRevised 09)19/2016 I :,....14 t H � A AUGUSTA UTILITIES DEPARTMENT �•~�'"'�" BID SCHEDULE Jimmie Dyess Water Main and Sanitary Sewer improvements ITB 16.239 Bid Schedule I ..4 1_ Sewer Pro act Bid Estimated item item Description Quantity Units• Unit Price Total Price Sewer 12'diameter ductile iron sanitary sewer pipec?,0' 1 S-1A Class 350,Depth 6'to 8',including Type II(No. fpm `� d/Z 67 stone)bedding material $ 41 . 12"diameter ductile iron sanitary sewer pipe 59 LF $ 2 6.1B Class 350,Depth 8'to 10',including Type II LF $ '7/ I . $ 7 '� "' (No.87 stone)bedding material 62 I 12'diameter ductile iron sanitary sewer pipe �, „ 3 111-1C Class 350,Depth 10'to 12',Including Type ii (No.67 stone)bedding material 41 IF $ �(,,r r $ 12' sanitary sewer pipe 1 4 $•1t) Class 350 diameter ductile f1ir 2to 14',including Type II 24 IF $ �, $ /� (No.67 stone)bedding material 12°diameter ductile iron sanitary sewer pipe �� 43 4,,* 5 VIE Class 350,Depth 14'to 16',including Type Ii 9!� $ /3jaG3 No.67 stone)bedding material 20 IF $ ' 12'diameter ductile Iron sanitary sewer pipe., / � aa' 6 S-I F Class 350,Depth 16'to 18',including Type II 18 LF $ /0�J $ No.67 stone)bedding material 12'diameter ductile iron sanitary sewer pipe / ' v o I 7 S-1 G Class 350,Depth 18'to 20',including Type 11 10 LF $ //de" $ / ' ' No.67 stone)bedding material Jack and Bore 24"diameter steel casing, Minimum wall thickness 0.219 inch,Carrier pipe 8 S-4A included,12"diameter,Ductile iron sanitary /l� y ,4,�Z47 sewer pipe,Class 350,restrained joint,end 40 LF $ 5`" . $ seals Pre-cast sanitary manhole,GA DOT STD I "r' 9 8-6 1011A,Type 1,Depth 0'is 6'(48`Diameter) 15 LF $ Z./C�0 $ 3/ '�'" ____.-- Additional sanitary manhole depth,Type 1, ,r 10 S•7A Depth Class 1(48'Dia.) 45 VF $ /G'.3 4P— ' $ (,0, 11 S-7B Additional sanitary manhole depth,Type 1, 88 VF $ �� $ �`�' �� Depth Class 2(48"Dia.) a d 12 s-$ 48'D iometer sanitary manhole exterior Joint 15 EA $ �z $ /j'ee> ---- wra I 13 6.10 Outside Drop Piping—Complete 1 EA $ � '`� $ ,,c0'0,4:2Doghouse/Connector Manhole,Including base, 1 EA $ qpm, $ `j'Jv "`� 14 s•11 cone,and ring and cover 12'diameter PVC sanitary sewer pipe SDR28,I vee 15 S•1H Depth 0'to 6',including Type 0(No.67 stone) cr' $ &oz G' --' bedding material 60 LF $ 12'diameter PVC sanitary sewer pipe SDR28, C' 16 8.11 Depth 6'to 8',including Type II(No.67 stone) 202 LF $ 3/$ �2-4,Z ✓._-- bedding material I12'diameter PVC sanitary sewer pipe SDR26, a.17 S-iJ Depth 8'to 10',including Type II(No.67 stone) bedding material 886 LF $ 33 "' - $ ,?z.3 -- 12'diameter PVC sanitary sewer pipe SDR26, �_ I 18 S-1K Depth 10'to 12',including Type II(No.$7 487 LF $ "'� $ /6'/ stone)Redding material 12'diameter PVC sanitary sewer pipe SDR26, pd 19 6-1L Depth 12"to 14',including Type iI(No.67 483 IF $ 3 7 J— $ ,�OSS 7 I _ stone)bedding material 1 of 4 Addendem 2 Bid item#16.239 i i i i i i i i I . IRevised 09/29/2016 } - ai.a t ., `' stop'ate f { !d. ,r,` 1,..--,: „,,,,,;,„...4-i,1y $rfrp�r s Jd �.„ ,r yY` s r e y *. e {,.�# .. ....._ r„..,,,,, ,.,..,„,44:, ,.Y� .2" a ,,. ,TOt ! f il+L'j r 1petior, , s squtinflhay,ilh is s «^UnitPri tafx 4. A„ 12'diameter PVC sanitary sewer pipe SDR26, °.' . $ /t7.C-41-2-- �.r 20 SAM Depth 14'to 16',including Type II(No.67 ' ,stone)bedding material 12'diameter PVC sanitary sewer pipe SDR26, 261 LF $ ? v� �P 21 S•1 N Depthtone)bedding mater ding Type II(No.67 89 IF $ T ..-� $ z 7 Z I 12'diameter PVC sanitary sewer pipe SDR26, 22 S-10 $ / � ..----- Depth 18'to 20',including Type II(No.67 170 LF $ 5''" stone)bedding material 12'diameter ductile iron sanitary sewer pipe , I Class 350,Depth 6'to 8',including Type Ii(No. / . ,r �.� 23 13-1P67 stone)bedding material,restrained Joint 22 LF $ �/ - $ / oZ 12"diameter ductile Iron sanitary sewer pipe I Class 350,Depth 8'to !0',Including Type 11 vA -/, , 24 S'1Q (No.67 stone)bedding material,restrained joint $ / 17 60 LF $ 12'diameter ductile Iron sanitary sewer pipe 26 &1 R Class 350,Depth 10'to 12",including Type it � 11G, ----�" ' (No.873 stone)bedding material,restrained Joint 70 LF $ $ Direct Bury 24'diameter steel casing,Minimum wall Thickness 0.376 inch,Carrier pipe I 28 8-18 included,12'diameter,Ductile iron sanitary /0'2 `y- ...5"-&/..,4617/� sewer pipe,Class 350,restrained Joint,end 303 LF $ / $ seals ` Jack and Bora 24'diameter steel casing, I Minimum wall thickness 0.376 inch,Carrier pipe c 27 S-4B included,12'diameter,Ductile iron sanitary 3 :2. �7�+� sewer pipe,Class 350,restrained Joint,end 100 IF $ $ seals " �' 4iJfs6e �n@tS . .t.'.,--,,,,,-,.:1. r r.l$1-M .: r_ ' ... � �� `� � , . , z _ . r.; : NQ : ,,., �..:, .,�- 4 .. 28 M1 Ramble GI 10 z7,67CY $ 1 $ 29 M-2 Class A Concrete10 CY $ aid�--- $ �i3 ate' 30 M-3 Rock excavation 10 CY $ 9Z.vd $ 9'9`2-.6:›9`2-.6:› Foundation backfill,GA DOT Type 0,for / $ 3 31 M-4 additional unclassified excavation 10 CY $ 3y"" v I 2'474'$ vim 7/' =.--- 32 M•5 Clearing and Grubbing 3.3 ACRE $ �' Fence Removal&Replacement New, 33 M-8 100 IF $ �� $ Replaced in Kind �� 34 IS-1 Mobilization,Demobilization1 is $- 35 LS-2 Bonds,Insurance 1 LS $ �f $ 37.20- 1 " �— 47 ,342 o� 1 LS $ /' 93&o$ / ''- 38 LS-3 Temporary Erosion&Sediment Control � � 37 LS-4 Traffic Control vpc Control 1 LS $ /.� 38 LS-5 Permanent Grassing1 LS $ 1p¢S''V'=$ c '5L ' I I 2 of 4 Addendem 2 Bid Item N16.239 i I I I I I I I I I I I I I Revised 89/29/2016 u r , ''',5* 3; }aa i t x i h 4 h -`" 0ttll11�� Y s. r z•,�� tom. a:" Vii Item It s, 13 4.0 data ,..i >: ... a... . _._.;.� ,Quantixyr.,.At*, x :V t1:tt PI'lpe� �. •• r Tot, I,Pr ce As-built GPS survey(X,Y,Z),Electronic and I 39 L8-6 Paper copies.GPS survey shall Include "•, v+®' location of all structures,casing ends,fittings, ,Z.87$' -.-7 Z.7 —'"— clean-outs and Inverts!depths of all structures. 1 LS $ $ I 40 LS-7 Owners Allowance-As Approved by the 25,000.00 $ 26,400.40 Engineer 1 LS $ 41 IS-8 Geotechnical lnvastipation Allowance-As Approved by the Engineer 1 LS $ 10,000.00 $ 10,000.00 Railroad Flagging and Inspection-As I 42 LS-9 60,000 00 $ 60,000 00 Approved by the Engineer 1 LS $ � n`£-,Lu'� ,t4 ..,r, -,-y^.;.-k:..a,t 9 t ti: :4 a ._w•,rvrr-,a#�. 5 ^t, ,-&___a Z v`e, t. Sanitary Sewer Protect SUB TOTAL $ 41.07, it,72— , - 6 = .:- ;W;atergillatn PrbJeat, { : °{ S Gi ...,mate , W .. ... . . a4r «--Ys : A y� , . , li .. 1 43 WtA 18"dia.,DIP,water trans.Main,Class 350, Standard Joint 997 IF $ fv`-- $ 1-- 3 16"die„DIP water trans.Main,Class 350, $ �,�. + 44 W 2A Restrained Joini 1044 LF $ (�k' ' I45 W-4A 16"45 Degree Bend 6 EA $ M./5-�"' $ 14'?5_ 46 W-40 18'22.6 Degree Bend 6 EA $ Aloe" $ I 47 W-4C 16"x 16"x 8"Tee 1 EA $ /4530'' "'r's fgvr► per_~ 46 W-40 8"Cap 1 EA $ ?U - "$ �// 49 W-5 Fire hydrant,Installed complete with valve,lead 6 EA $ St' ' $ ' ' I pipe,jointrestraint,and blocking 16"in-line gale valve,including valve box, EA $ g3. 4•47.e:›1y$ /6? j�„� so W-7A installed,complete,open right 2 > �-. 51 W7B 8'in-line gate valve,including valve box, 1 EA $ /r'S�'�' 1-7'$ I 18"Fled,complete,open right 52 W-11 awsarva Actuator Butterfly Valve 1 EA $ /49/44-'z' $ /e'/#moo 53 W-9 Air Release Valve 1 EA $ ;7245-‘'—‘:—' $ 72-c1-6--- "'- I54 W-16 Tie in to existlng line 2 EA $ o,r''3c $ /2 w I58 P.7 Asphalt Driveway Replacement 25 SY 56 M-1 Plowable fill 10 CY $ /.3.5, f-'-': $ /3.0.=:. 'd= I 57 iy►•2 Class A Concrete 10 CY $ 2-3‘2-3‘3,3 $ Z3�a oa 2-7 58 M-3 Rock excavation 10 CY $ ?Z $ 7 59 M-4 Foundation backlit!,GA DOT Type ii,for 10 CY $ $ 41";e7 4:2-47— addiiional unclassified excavation 60 M-5 Clearing and Grubbing 1.65 ACRE $ /474`a' $ /fit'/5— I Fence Removal&Replacement,New, �� 61 M-6 Replaced M Kind 100 IF $ = $ �© I 3 of 4 Addendem 2 Bid Item 1116-239 I i I I I I I I I I I I I I I I I I I Revised 09/29/2016 I 'Ogg 171 tt) ttrE l. *5� iolpg_ poo0 } aa0��tg polio.,:: y i$ Y.i - � kto �C I -Aawsi_ ` .s i : VRV VP ; ;*:"0-iahiiaL >ti 62 LS-1 Mobilization,Demobilization1 LS $ %t5,4°3SQ "$ Z '4735.- 63 LS-2 Bonds,Insurance 1 LS $ .Clea' '-1 44°.. '47' =_ I . 64 LS-3�Temporary Erosion&Sediment Control 1 LS $ /,3,5-. 65 18-4 Traffic Control 1 LS $ -3515-2;' I 66 LS-5 Permanent Grassing ! LS $ .� 95-47-4'''!$ —_ As-buIt GPS survey(X,Y.Z),Electronic and Paper copies.GPS survey shall Include 67 LS-6 location of all structures,valves,bends,casing �^-p I ends,fittings,clean-outs and inverts/depths of 1 LS $ � $ all structures. 68 LS-T Owners Allowances-As Approved by the 1 LS $ 25,000.00 $ 26,000.00 Engineer I 69 L13-8 Geotechnical investigation Allowance As I LS $ 10,000 00 $ 10,000.00..r Approved by the Engineer �}. F Water Main SUB TOTAL; / I :"^s ) r , � n � � :'Rajj ''. - *A. - ; - • GRAND TOTAL10,1z-:. /4251-II 1 70 W4E 16"90 Degree Bend EA $ l.5'-‘05"..f9---i /6'-10.51"- ' "7...".1.-"71 W-4F 16"11.25 Degree Bend ! EA $ A.1-2.0� �,$ „�-� "7...".1.-" I Select Backfill,GDOT Type I,Class I&II o c�r7 72 M-4 (Sand/Clay)-Measured in-place volume-As 4000 CY $ 21 .1r-"e'? $ '�'A Approved by the Engineer �,� . Future Path Microduct(ADD Detail 4.2)-As 6960 LF $ $ �� ' ,_---r- 73 M•9 Approved by the Engineer INote:Any work shown on plans but not include In the above items shall be considered incidental work and therefore should be accounted for by the Contractor In Lump Sum Construction.There will be no separate pay Item for work not specified above. INOTE TO BIDDERS:FOR A COMPLETE DESCRIPTION OF BID ITEMS REFER TO THE TECHNICAL SPECIFICATIONS. I I I I I 4 of 4 Addendem 2 Bid Item N16-239 i i i i i i i I • I / .'% G 1:' O R G 1 A Attachment B I You „u- Co . :nd Re rn the 2 -.- .1 • ;chme t B wit Your ub i a. Docu rr r ust :e, r : -. Augusta,Georgia Augusta Procurement Department ATTN: Procurement Director I535 Telfair Street,Suite 605 Augusta,Georgia 30901 Name of Proponent: Blair Construction,Inc. Street Address: 4308 Evans To Locks Road I City,State,Zip Code: Evans,Georgia 30809 Phone: 706-868-1950 Fax 706-868-1855Email: Patrick@blairconstruction.us Do You Have A Business License? Yes: J No: • I Augusta,GA Business License#for your Company(Must Provide): n/a Andlor Your State/Local Business License#for your Company(Must Provide): 00206 I Utility Contractors License I(Must Provide if applicable): UC300100 MUST BE LISTED ON FRONT OF ENVELOPE General Contractor License I(Must Provide If applicable): n/a Additional Specialty License#(Must Provide if applicable): n/a I NOTE: Company must be licensed In the Governmental entity for where they do the majority of their business. If your Governmental entity (State or Local)does not require a business license,please state above(Procurement will verify),your company wit be required to obtain a Richmond County business license If awarded a RFP. For further Information regarding Augusta,GA license requirements,please contact the License and inspection Department)706 312-5050. List the State.City&County that issue your license: Georgia,Evans,Columbia County I Acknowledgement of Addenda:(11)' / :(#2)�:(#3)_:(#4):(#5): (#6) :(#7)_(#8) : NOTE: CHECK APPROPRIATE BOX(ESI•ADD ADDITIQNAL NUMBI-:RS AS APPLICABLE Statement of Non•Discrimination I The undersigned understands that II 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 dlscrknlnated,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 I businesses on the proposal 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 proposer/contracting entity with the authority to bind the entity. I The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to lake affirmative action to provide such companies with the maximum practicable opportunities to do business with Oils 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•discrirenatlon as made and set forth herein shall be and are hereby deemed to be made as part of and I incorporated by reference Into any contract or portion thereof which this Company may hereafter obtain and; Thal the failure of This Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a malarial breach of contract entitling Augusta, Georgia to declare the contract in default and to exercise any and all applicable rights remedies including but not Milled 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. I Non-Collusion of Prime Proponent By submission of a proposal,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 al Independently without collusion,consultation,communications,or agreement,for the purpose of I restricting competition,as to any matter relating to such prices with any other vendor or rah 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 proposal preparation shall be reported to the State of Georgia Mornay General and the United Slates Justice Department. I std 36-239 Munk Dyess Water Main and Sanitary Sewer Improvements Old Due:Tuesday,October 11,2016 ,3;00 p.m. Page 5 of 15 i I I I I I I I I I I I I I I I . IConflict ofinlerest By submission of a proposal,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 M performing the services required by this RFP,and I 2.Thal no employee of the County, nor any member thereof,not any public agency or official affected by this RFP, has any pecuniary Interest In the business of the responding firm or his sub-consultanl(s)has any interest that would conflict H any manner or degree with IM performance related to lhis RFP. By submission of a proposal,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 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 I submit a proposal 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. Contractor Affidavit and Agreement I By executing this affidavit, the undersigned contractor verifies Its compliance with 0.C.G.A. § 13.10-91, staling affirmatively that the Individual,firm,or corporation which Is contracting with Augusta,Georgia Board of Co nnnissloners has registered with and is participating in a federal work authorization program' iany 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 Untied States Department of ' Homeland Security to verify Information of newly hired employees,pursuant to the Immigration Reform and Control Act of 1986(RCA),P.L. 99-603),In accordance with the applicabilty provisions end 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 1 maintain records of such compliance and provide a copy of each such verification to the Augusta,Georgia Board of Commissioners at the lime the subcontractor(s)is retained to perform such service. Georgia Law requires your company to have an E-Verlly'User Identification Number(Company I.D.)on or after July 1,2009. I For additional information or to enroll your company,visit the State of Georgia website: h t :/e•vorifv,usrls.eovlenrolir andlor hllp:FAW,w.dol.slete.ga.usIodlhulesl300 10 1.0d0 **E-Verify''User Identification Number(Company LD.) 224004 t hof: E-VERIFY USER IDENDIFICATIDN NUMBER(COMPANY I.D.)MUST BE PROVIDED: IN ADDITION,THE RECOMMENDED AWARDED VENDOR WILL BE REQUIRED TO PROVIDE A COPY OF HOMELAND SECURITY'S MEMORANDUM OF UNDERSTANDING(MO U) 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 I govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. I further understand that my submittal will be deemed non-compliant if any part of this process is violated. t,��{Illi i ulg,�� I Blair Co .traction Inc. = ��`ONp'}OgC�/ '�� Corns: . • // %f%l� �`, � v �rF©Z I :': Authorized Office or Agent SEAL E:.-- 4%.10 (Contractor Signature) 107$ .n Vice President Tr �EORe% $. i Title of Authorized Officer or Agent of Contractor -0 4, of'II"*„ �',,��%%~ Blair L. Mutimer,III Printed Name of Authorized Officer or Agent ISUBS D AND SWORN BEFORE ME ON THIS THE 11th DAY OF October ,2016 Ste'/T— NOTAR,SEimr/riiEAL � I Notary Public .',, `eNC' scvTrQ/`/'' My Commission Expires: August 7,2020 ' You Must Complete and Return the 2 pages of Attachment B with Your Submittal.Docurnent3AYs Be T RaY.2/17/2016 i4. r `WIG PAlTitCK SCOTT DILLARD �i C'b `� I NLIRICE �+ Bid 26-23911rrunle Dyes Water Main and SanRa�/k o ` BtJit COUNTY aid Due:Tuesday,October ft! if AIL t3rATE OF GEORGIA age 6 0 15 My Commission Ezra August 7,2a� I i i i i i i 6. I . I I0 W O It 0 I A I You Must Complete and Return with Your Submittal, Document Must Be Notarized Systematic Alien Verification for Entitlements (SAVE) Program I 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 I following with respect to my bid for an Augusta, Georgia contract for 16-239 Jimmie Dyess Water Main and Sanitary Sewer Improvements OM Project Number and Project Name) I Blair L. Mutimer,III fPrint/rype:Name of natural person opplyh:0 on behalf of 1nd/Wdue,business,corporation,partnership,or other private entity) Blair Construction,Inc. I /Print/Type:Name of business,corporation,partnership,or other private entity) 1.) V I am a citizen of the United States. I OR 2.) I am a legal permanent resident 18 years of age or older. I OR 3.) I am an otherwise qualified alien(8§USC 1641)or nonimmigrant under the Federal Immigration I and Nationality Act(8 USC 1101 et seq.)18 years of age or older and lawfully present In the United States.* in making the above representation under oath, I understand that any person who knowingly and willfully makes a false,fictitious,or fraudulent statement or repre tatlon In an aff. r shall be guilty of a violation Iof Code Section 16-10-20 of the Official Code of Georgia nature of ApplicantIs •`, G oR7oA' , ,• Blair L. Mutimer, ill =3 E _S Printed Name * `Allen Registration Number for Non-Citizens me FON©1 1).? i p,si g N 11111��``' I SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 11th DAY OF October ,2016 // .e $. 4/1 ' e4 '�� ``�%4 $GO /p/��i I Notary Public `,.Air '� y. My Commission Expires: August 7,2020 NOTARY�IfL! �TA9 o 10 41.0 el OP 3 ft t Note: THIS FORM MUST BE COMPLETED AND RETURNED WITH �, NT�f `,..� Rtv.2j17f 2036 I • Pd,,,/-y^NOTARY PLUM wi U�iT d(b�� Bid 16-239 Jimmie Dyers Water Main and Ss��}e3kwer Improvements BURKE COUNTY Bid Due:Tuesday,October 11,2016 @ 3:00 p.m. STATE OF GEORGIA 7, Page 7 of 15 COIMguI00 f3gJ1tM I I I I I I I I I I I I I I I I I I I I IPROJECT Jimmie Dyess Water Main and Sanitary Sewer Improvements ILOCAL SMALL BUSINESS OPPORTUNITY PROGRAM LETTER OF INTENT TO PERFORM AS A SUBCONSULTANTISUBCONTRACTORISUPPLIER I I TO: Blair Construction,Inc. (Name of Proposer) The undersigned Intends to perform work In connection with the above project In the following capacity IA. (check one): - individual Corporation Limited Llabillty Company(LLC) Partnership Joint Venture B. The Local Small Business Opportunity Program(LSBOP)status of the undersigned is confirmed as I follows: By attachment of a current Certificate of Certification issued by the Department of I Transportn By attachment By attachment of a current letter issued by the Disadvantaged Business Enterprise Office C. The undersigned Is prepared to perform the following work in connection with the above project IHauling of asphalt,stone,select backfill, and waste soil/rock. D. The undersigned slates that they will be performing 5 %of the total project. I E. The undersigned will sublet and/or award 0 %of this subcontract to non-Local Small Business Opportunity Program contractors and for suppliers. I 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 cited herein between the Proposer and Augusta- Richmond County. I RRB Trucking LLC Date: 10/11/16 (LSBOP Contractor Firm Name) I By: (Signature Authorized Representative) I I I Bid 16.239 Jimmie Oyess Water Main and Sanitary Sewer Improvements Did Dues Tuesday,October 11,2016 6 3:00 p.m. Page 13 of 15 I i I I I I I I I I I I I I I I I I I 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): ' J The bidder/offeror is committed to a minimum of 5 %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: Blair Construction,Inc. By William R.Mutimer,Jr. (Print Name) 4AJAMA'‘•---i& 10/11/16 111 (Signature) (Date) 1 1 I 1 ' Bld 16.239 Jimmie Dyess Water Main and Sanitary Sewer Improvements Bid Due:Tuesday,October 11,2016 @ 3:00 p.m. Page 14 of 15 I I I I I I I I I I I I I I I I I I I I I '3 t 4 g v '3 Gi -...) r•-1 I; 74 * 0 7.7= t 14 I cg io * e r-ti 2 .0 & c co g A g I f0 LA IA 0) g m o 1 i 1 4:0 ri, C e NI 4.4 • 0. ..rt i A I v., w ft a. 8 - m 0 ,.. ,„ -4 v m . r, 'sc.) t I ToID I o .:E o ,... a t Iv ' 0 .1 1. „„ .4 v `CIE * i in '0 c .i.. le e E I) 0 RI CL ,.. . ... . * I a ..., m 6 t in .— 'a t V :ec .,2 I a i w .. 0 o.D. Lego C3 cr.., c25 4-, S g .o ,.. to a. c c bo a to ., -. c > c.) ;%3 3 13 21 3 uo 1 ,— I 40 to :ci 4)... • E "- 16 = 1 ct') CZ ....12 I . ro.0 v ✓ Z az I w eu t .a F ... o (1, 4..a c m co 7 >-— ..c — t 2 , I 14; 8 p it w o co e Io L- L9 w 4, = I C 1 10 C > E .c tz 2 @) m v I I . 5 — ...„,— E o ).• u. 0 -0 u c E a ILA o o LI IA I 3 e O est o c ..;..; .t ioct o .0 .6 o $-, c, tliir CL Kt . 't ...___?...j." c rflcI ai * 4adi!o .0wiE- Ci,.•7<l:l' i•.0.n1C-). 111 - .--. 1 =ire- t n a E o g irt 1.p .ti I 0 3. o . Ch. k Vi CO CL L. S 2 $ tb.. l% ••.) C I 0 .... DO 0 0 C I -D 73 O 4 I E t .1R u 6 0.. „, e 1 e ,.. ...... z 41 177 1.. 1 i 0 1 st - 2 c 8 PZ •CI 00 I cv e Kt e m m 0 g.. w •ii ... = .. - - .0 = in o4 cc IA 1 I I 1 I I I I I I I I I I I I I I I I I I I ICNA SURETY Bond Bid BC10112016 Bond No. t CONTRACTOR: SURETY: Western Surety Company:South Dakota Corporation (Name, legal status and address) (Name, legal status and principal place Blair Construction, Inc. of business) I PO Box 770 Evans, GA 30809 333 S.Wabash Avenue 41st Floor Chicago, IL 60604 This document has important legal consequences. Consultation with I OWNER: an attorney is encouraged with respect to its completion or (Name, legal status and address) modification. I Augusta, GA Commission Any singular reference to 535 Telfair Street — Room 605 Contractor, Surety,Owner or Augusta, Georgia 30901 other party shall be considered plural where applicable. I BOND AMOUNT: 10% of Bid Amount PROJECT: (Name, location or address,and Project number, if any) Jirttmie Dyess Water Main and Sanitary Sewer Improvements Bid Item #16-239 IIThe Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves, their heirs,executors, administrators,successors and assigns,jointly and severally,as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and ' Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the ' difference, not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for T I ' an extension beyond sixty(60)days. S�-�, r If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bo•�'sj %. CJS :,. I be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. G:•* PO,? '• " When this Bond has been furnished to comply with a statutory or other legal requirement in the location a3 zePro �y, ; any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted he+Q£Qoin an�J,J j - provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. t;'ly .so 19 Ta =y I furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bon4.�t.=',e. GI ..:n, Signed and sealed this 11th day of October , 2016 �•`�i �� Blair Construction, Inc. /,il�t"i"--. �,,,, I — LJ �� (Prirtci�aI� _1191P. (Seal) (Witness) (Title)William R.Mutimer,JR Blair L.M imer,Ill,Vice President IWestern Surety Company 111 1f 4, '. _, (Surety) 3 t ..(Seal) (Witne i Title)Buck Leigh-Alto +-y-in- act ':l. ' Printed in cooperation with the American Institute of Architects(AIA). .,- ; ' The language in this document conforms to the language used in AIA Document A310-Bid Bond-2010 Edition. hti- i i i i i i i i . ' \A€stern Surety Company IPOWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation ' having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Buck Leigh,Individually of Columbia,SC,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - I and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. ' This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. ' In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of December,2013. WESTERN SURETY COMPANY ul T.Bruflat,Vice President State of South Dakota County of Minnehaha as} On this 17th day of December,2013,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that ' he resides in the City of Sioux Falls, State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and ' acknowledges same to be the act and deed of said corporation. My commission expires • ' J.1 OBR June 23,2015 dirrirorw+r nuritJe ttotrrit t>Ntmt�► fff r • 711! B.�lJ� ' J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 11 til day of October 2016 9,041 WESTERN SURETY COMPANY +l AV �� Cr. L.Nelson,Assistant Secretary ' Form F4280-7.2012 I I I I I I I I I I I I I I I I I I I . I Blair Construction, Inc. P.O. Box 770 Evans, Georgia 30809 Phone(706)868-1950 Fax (706)868-1855 BIDDERS QUALIFICATION STATEMENT ' Bid Item#16-239 ' In the early 1950's Blair L.Mutimer began the Augusta located company Blair Construction. In 1973 the business was incorporated in the State of Georgia as Blair Construction,Inc. Blair Construction,Inc.has at some time performed grading,paving and underground utility construction for most ' every municipality within a 40 to 50 mile radius of the City of Augusta. The majority of the work we perform is either for the City of Augusta or Columbia County. We have an outstanding and well-respected relationship with ' both these municipalities. Our company employs approximately 53 persons and has an average annual revenue of around$12,000,000. Approximately 80 percent of our work is large diameter underground utilities with the other 20 percent being earthwork and base&paving. Our bonding capacity is$20,000,000. We currently hold certificates of qualifications from both the Georgia DOT&South Carolina DOT. ' As established in past projects with Augusta-Richmond County,we have both the experience and the means to perform the subject project to which we are bidding. Listed below are recent projects to which Blair Construction,Inc.has successfully completed for Augusta-Richmond ' County. 1. Mike Padgett Highway 24" Water Line Extension ' Contract Amount: $358,290 2. Wrightsboro Road/Druid Park Storm Drainage Improvements Contract Amount: $754,500 ' 3. Walton Way Storm Drain Repair Contract Amount: $235,734 4. Fort Gordon Raw Water Irrigation Lines Contract Amount: $1,848,149 ' 5. Butler Creek Interceptor Upgrade,Phase 2 Contract Amount: $4,127,038 6. Jamestown Sewer Extension,Phase 3A ' Contract Amount: $102,101 7. Diamond Lakes Basketball Facility ' Contract Amount: $425,713 8. Fort Gordon Raw Water Irrigation System Contract Amount: $1,848,149 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I . 9. Butler Creek Interceptor Upgrade,Phase 2 ' Contract Amount: $4,127,038 10. Jamestown Sewer Extension,Phase 3A ' Contract Amount: $102,101 11. Gordon Highway 16"Water Line Extension Contract Amount: $363,656 ' 12. Belair Hills Subdivision Improvements Contract Amount: $6,793,498 ' 13. Eisenhower Hospital Sanitary Sewer Extension Contract Amount: $771,378 14. Lamar Road Grading&Paving Contract Amount: $169,847 15. Fort Gordon Recreation Area Water&Sewer ' Contract Amount: $692,364 16. Horsepen Street Sanitary Sewer,Phase 2A ' Contract Amount: $1,304,780 17. Sixth Street Emergency Sewer Replacement Contract Amount: $562,884 18. AUD 36"Water Main Project Contract Amount: $3,540,420 ' 19. Meadowbrook Area Utility&Roadway Improvements Contract Amount: $2,626,663 20. College Station Entrance Improvements Contract Amount: $198,112 We appreciate the opportunity to submit our bid on this project and are sure our experience and qualifications will be acceptable. If any other information is needed,please feel free to contact us. Respec y Submitted: Wr- 1, //NI lair L.Mutimer,III Vice President Note: Attached and made a part of this qualification statement is an"Equipment Listing"showing most of our major equipment in our fleet. t t i I Page 1 Report Date 1010312016 I Blair Construction, inc. Equipment Listing 01/01/2016 to 12/3112016 3--AutolTrana•on Number DeDosed,tion porch Oats01107/18t5 67 FRUEHAUF VAN 08/2111986 I 68 BODY FOR ABM 12/31/1886 3007 73 FORD LIME SPREAD 6 1 12020201 7048 1991 MILLER WELDING TR 0044/ 12016 8019 90 FORD WATER TRUCK 11/2811990 8028 72 GREAT DANE 6TN 8/15/1991 8029 81 DORSEY VAN 008/1411994 8036 94 SCOTTSMAN 02/16/1999 8041 97 KENWORTH T-800 08/19/1999 8056 99 FRD F500 CREW 08/16/2002 8061 00 CHEV 1500 SILVER 8074 03 DODGE RAM 150 02/19/200302/ 9/2003 I 8076 03 TALBERT 55 TRAIL 1112412003 8078 04 CHEV SILVER 04(28(2004 8084 2003 GMC C-7500 FLT 8085 2004 CHEV SERV TRK 09/07/200409/02004 1 8089 2005 Chev Silverado 09/12/2005 8094 2006 ETNYRE LOWBOY 04/25/2006 8098 06 Ford F750XL W1rTK 4/25/2006 8100 GMC C-4500 1 105 2006 I 8101 06 Hydraulic Trailer 008// 5/2007 8107 2007 Chev P/U 01/18/2009 8113 2009 Chevrolet Slverado 01/18/2009 8114 2009 Chevrolet Silverado 11,1512010 I 8116 2010 CHEC SILVERADO 08/24/2010 8118 1973 FRUEHAUF FLATBED 8120 2005 STRAWBLOWER TRAILER 09122/2011 03/22/2011 8124 2012 FORD F550 03/06/2012 I 8125 2012 CHEV Avalanche QADO 06/11/2012 2 8126 2013 Chev Avalanche 08/29/2012 8127 2005 Terex 15 T Crane Truck 08/29/2012 8128 2012 FORD F150 11/30/2012 11 8130 2013 CHEV SILVERADO 11/23/2013 8131 2013 FORD F450SD 04/21(2014 8133 2014 Ford F150 08107/201441 8135 2015 FORD F250 101(2014 I 8136 2015 FORDKENWORTH FUEL TR 10/01/2014 8137 2015 FORD F250 014 8138 2015 CARRY ON TRAILER 11/202/244(2/2015 8139 2016 TRUCK TRACTOR 03/3112015 8140 BIG TEX TRAILER 04/16/2015 8141 2016 KWTH DUNP TRUCK 8142 2015 CHEV SILVERADO 06/01/2015/ I 8146 2015 FORD F150 /2015 12/17/2015 8147 2015 FORD F150 12 8148 2015 FORD F150 12/17/2015/ 7/201 8149 2016 FORD F450 0303/22/2016 6 1 8150 2016 FORD F450 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • • Report Date 10103/2016 Page 2 I 4--Machine &E.ul•ment Number Descrl tion Purch Data 133 KIOTI TRACTOR 08/11/199808/11/1998 134 LOADER W/54 BUCKET"" 02101/1998 155 MULLER TAP MACH 06/01/2001 /2001 1003 NEW HAUL TN55 BROOM 06/0112003 1008 WACKER RT 820 ROLL 01/28/2003 1010 DRESSER P3000 1991 04/21/1998 1012 DYNA 151 PAC ROLLER 0/2007 2/02/ 1017 lingersoll-Rand Comps 0 02007 1018 NEW HOLLAND BROOM 02/02/2005 I 1021 1996 Pim Curber Asph 10/30/2000 2001 WACKER TRENCH ROLLS 010 08/31/198722 2002' 2006 WACKER ROLLER 02/20/22 2005 CASE 586 D FORKLIFT 08/ 4/298 1 2006 WACKER TRENCH ROLL 11/23/1994 2011 CAT 936F /2000 1 5 2027 95 INGERSOL ROLL 07/207/25/2000 2028 CAT 325L HYD EXCAV 03/21/2003 1 I 2036 INGER RD SD-40D ROL 11/1112004 2040 2004 WACKER ROLLER 2042 CAT 930G Wheel Loade 07130/2007 09/25/20067 2044 IR SD250 VIB Roller 1010512006 2045 IR 604513 VIB Roller 12/30/2008 2046 CAT 328D Excavator 2/366/2008 2049 CAT 321D LCR EXCAVATOR 0 018/0 /2008 2050 930 H WHEEL LOADER 06/16/2010 2051 CAT 345BL EXCAVATOR 12/29/2010 2052 CAT 308DCR SB EXCAVATOR /2011 2053 CAT 336E EXCAVATOR 12/212/299/2013 2056 CAT 314E Excavator 11/20/2014 2058 CAT 420E BACKHOE 11/20/2016 2062 2016 BOMAG ROLLER 01/1311993 3010 CAT 12G MOTOR GRADE 01/13/1993 3017 DYNA C815PD ROLLER 08/15/1983 3019 JOHN DEER 2350 TRAC 12/13/1082 3021 HOWARD TILLER HR418 04/14/2002 3027 JOHN DEER 5510 TRAC 05/19/2004 3032 2004 KUBOTA TRACTOR 10/29/2004 111 3033 CAT MOTOR GRADER 3034 CAT Dozier 07/30/2007 3035 BATWING MW08/31/2005R MOD3180W 02/03/2010 3037 2006 IR SD100D VIB ROLLER 12131/2013 II 3039 CAT D4K2 DOZIER 11991 09/29/29 7015 PIT BURNER 03991 7027 TAMPO ROLLER 09/08//11989 I 7032 AUGER/BORE MACHINE 03/0212004 7033 REV DRILL SER 4 MD3 05/20/2003 20321 CAT 3158L 60 BUCK 20391 COUPLER FOR#2039 E 07/23/2004 I 20461 Attachment-2046, 0 /01)2 / 004 31/22007 20462 42 Bucket-2046 11/07/2005 30331 ACCUGRADE KIT-3033 11/07/2001 82026 BUCK COUP(W12026) 011 ' 83000 2 EXCAVATOR BUCKET ATTACHMENT 11 ,25/2012 2050F FORKS FOR 2050 I I I i i i i i i I I SECTION A I AGREEMENT AGREEMENT IThis AGREEMENT,made on the day of ,20 ,by and between AUGUSTA,GEORGIA,BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY ' COMMISSION,party of the first part,hereinafter called the OWNER,and party of the second part,hereinafter called the CONTRACTOR. I WITNESSETH,that the Contractor and the Owner,for the considerations hereinafter named, agree as follows: ARTICLE I-SCOPE OF THE WORK I The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary,and to perform all of the work shown on the plans and described in the specifications for the project entitled: IJIMMIE DYESS WATER AND SANITARY SEWER IMPROVEMENTS I t nts as and in accordancendSpecial with the Conditions hereto attached,ents and provisions of the wh ch are hereby made acparrtoof his agreement.ed in the General and Specia ARTICLE II-TIME OF COMPLETION-LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 10 calendar days after I the date of written notice by the Owner or the Contractor to proceed. The Sanitary Sewer portion of the project shall be substantially complete no later than March 15, 2017 and final completion shal017 be no later than March 31,2017.All Water Main work shall be substantially completed by May 31, ith extensions of time as are provided for in the General Conditions. Final completion of Water Main work I shall be by June 15,2017. ' 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 I 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 I this locality. IF THE CONTRACTOR SHALL NEGLECT,FAIL,OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED,then the Contractor does hereby agree,as a part of the Consideration for the awarding of this contract,to pay the Owner the sum of two hundred and fifty and I no/loos ($250.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth,for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. 111 I I i I I I I I 1 I I I I I I I I 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 I contract. ARTICLE III—PAYMENT I (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 Ithe 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 10% retained I percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. I 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 io 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 wner fication of the Engiugh no neer,and fault ithout terminating of the ontractor,and the Engineer,so certifies,the the Contract,make payment of h balance shall ue for that 1portion of the Engi , work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment,except that I it shall not constitute a waiver of claims. I 1 1 1 1 1 1 1 1 1 I I IA- IN WITNESS WHEREOF,the parties hereto have exe "tted this Agreement in three(3)counterpa'Its,each of which shall be deemed an original,in the year and y first mentionect,q t iu OWNER:AUGUSTA,GEORGIA �Q.• . ._.e•....e. + n ."° "ilk.•_ By: --icAtvIAA . 0 �� B ,�►� 414 1 1 e2'•,`k i. �, tfit The Honorable Hardie Davis,Jr. ; Lena �ru ' ' i Mayor iClerk of Q 1+ Date: ‘�.` +Q \% Date: AM6/14/ , , l APPROVED AS TO F RM: DEPARI E 1T TIffoknAi:?"`"'" By: A " "'e By: /�J Q�n., Thomas D.Wiedmeler AttorneyDirector,Augusta Utilities Department Date: i��illfrt? Date: 6 at, CONTRACTOR: Blair Construction,Inc. ATTEST: SEAL By: 4/1144"--A' 1 .444 By: /3"4((-746f2- Name: William R.Mutimer,Jr. Name: Blair L.Mutimer,III Title: Vice President Title: Corp. Secretary Date: 11/18/16 Date: 11/18/16 001111/l0j4,_ i 0R ` GpetiSPA(! ,�' .77.S.. ; 5 SEAL. CD 1978 2.-, %, �'►FOq t► ,z. I A-3 I I I I • I t 0 ' CV) NOTICE OF AWARD DATE: 11/08/2016 CONTRACTOR: Blair Construction,Inc. l I ADDRESS: 4308 Evans To Locks Road Evans GA 30809 City State Zip Code IPROJECT: Jimmie Dyess Water&SS Improvements PROJECT NO: AUD 2015-026 I At a meeting of the Augusta Georgia Commission held on(Date) 11/01/2016 you were awarded the Contract for the following Project: Jimmie Dyess Water and Sanitary Sewer Improvements Enclosed please find 5 copies of the Contract Documents for your execution. Please complete the Ipages,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. IThe Certificate of Insurance including Power of Attorney must be complete. IVery truly yours, Marie Corbin,P.E. t=i111. /17/6/&D- I Project Engineer Reciept of this NOTICE OF AWARD Is hereby acknowledged this,the 10th day of November , 20 16 Blair Construction,Inc. 10, Vice President ContractorBy4117:t-k Title Please sign and return one copy of this Notice of Award Acknowledgement to: Augusta Utilities Department 380 Bay Street,Suite 180 Augusta,GA 30901 1 I ' I I I I I I • NOTICE TO PROCEED DATE: TO: Name Attn:Firm Contact Addressl City,State 30901 PROJECT: Name PROJECT NO: You are hereby notified to commence WORK in accordance with the Agreement dated on or before ,and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore Very truly yours, Project Engineer Receipt of this NOTICE TO PROCEED is hereby acknowledged IThis,the day of , 20 Contractor: By: ITitle: Please sign and return one copy of this Notice to Proceed Acknowledgement to: Augusta Utilities Department I 360 Bay Street,Suite 180 Augusta,GA 30901 I 1 I i i i i i i i i i i i i i i i i CONSTRUCTION CONTRACT CHANGE ORDER CO NUMBER BID ITEM DATE PROJECT TITLE ` ORIGINAL CONTRACT DATE PROJECT NUMBER OWNER AUGUSTA,GEORGIA PO NUMBER The following change is hereby made to the contract for the above project: Description of Change(for a more detailed description see attached proposal): I PAYEE TOTAL AMOUNT OF THIS CHANGE ORDER $ The contract time will be INCREASED by 0 calendar days as a result of this change. IORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDER(INCREASE) $ I THIS CHANGE ORDER(INCREASE) $ TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER $ FUNDING NUMBER/ACCOUNT NUMBER ' PROPOSED BY: DATE: CONTRACTOR DATE: I REQUESTED BY: ENGINEER DATE: SUBMITTED BY: DEPARTMENT HEAD DATE: FINANCE ENDORSEMENT: ' COMPTROLLER DATE: RECOMMENDED BY: ADMINISTRATOR ' DATE: APPROVED BY: MAYOR I I I i i i I I I I I I I ae -.ems agenai, ,e ee 9725 Dunbarton Drive Columbia, SC 29223 TEL: 803/788-4597 FAX: 803/788-4576 Cell: 803/261-6582 Email: buckleigh@bellsouth.net I Date: November 18, 2016 IRe: Blair Construction, Inc. Job: Jimmie Dyess Water and Sanitary Sewer Improvements I Richmond County, GA I This letter gives authorization to the Augusta, GA Commission to write in the agreement date on both the performance and payment bonds in the absence of Ithe surety. Upon signing, please send a copy of the signed and dated bonds and power of Iattorney back to Blair Construction, Inc. I Best Regards I cBuckLeigh IFile: Undated Bonds I I I I i i i i i i i CNA SURETY Performance Bond Bond No. 587 36197 CONTRACTOR: SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and address) (Name, legal status and principal place Blair Construction, Inc. of business) I PO Box 770 Evans, GA 30809 333 S. Wabash Avenue 41st Floor Chicago, IL 60604 This document has important legal consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. Augusta GA Commission I 535 Telfair Street Any singular reference to Augusta, Georgia 30901 Contractor, Surety, Owner or other party shall be considered plural where applicable. I CONSTRUCTION CONTRACT AIA Document A312-2010 Date: combines two separate bonds, a Performance Bond and a I Amount: Eight Hundred Ninety Four Thousand One Hundred Four and 00/1005 Dollars($894,104.00) Payment Bond, into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) Jimmie Dyess Water and Sanitary Sewer Improvements Richmond County Georgia I BOND Date: (Not earlier than Construction Contract Date) IAmount: Eight Hundred Ninety Four Thousand One Hundred Four and 00/100s Dollars($894,104.00) Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY =_ , .. , Company: (Corporate Seal) Company: (Corpor2i B@dZ}, ti I Blair Construction, Inc. Western Surety Company a' ve' �'i� � 1 i\ . Signature: is l ry� i f Signature: g � `� . I Name William R. Mutimer, JR Blair L. Mutimer, Ill Name Buck Leigh ( , and Title: Vice President and Title: Attorney-in-Fact --,,,,-(s.,), "/,, ,r^ 6 (Any additional signatures appear on the last page of this Performance Bond.) "'E,,:.,,s�+"``! I (FOR INFORMATION ONLY—Name, address and telephone) • .:, . AGENT or BROKER: OWNER'S REPRESENTATIVE: S _i .: (Architect,Engineer or other party:) f�. ° • •• �� I Albus-Leigh Agency, LLC h 9725 Dunbarton Drive Augusta Utilities Department v P O1rt,'w . _ Columbia, SC 29223 360 Bay Street, Suite 180 v TEL: 803-261-6582 Augusta, GA 30901 -'~ .fir (1.i S: ' Printed in cooperation with the American Institute of Architects(AIA). + +c s epi"' The language in this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. i i i i i i i i i i i i i i i i . §1 The Contractor and Surety,jointly and severally,bind themselves, their heirs,executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may,within five (5)business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference,the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. 2 i i i i i i i i i i i i i i i i i §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the 111 Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1, 5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors, administrators, successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. `I §11 Any proceeding,legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration I of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of I the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. I §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be I deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. I §14 Definitions §14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is I entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, Iincluding all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. I §14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. I §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. I Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. 3 I i i i i i i i i i i §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A312-Performance Bond-2010 Edition. 4 i i i i i i i CNA SURETY Payment Bond Bond No. 587 36197 CONTRACTOR: SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and address) (Name, legal status and principal place Blair Construction, Inc. of business) PO Box 770 Evans, GA 308091 333 S. Wabash Avenue 41st Floor Chicago, IL 60604 This document has important legal consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. Augusta GA Commission 535 Telfair Street Any singular reference to Augusta, Georgia 30901 Contractor, Surety, Owner or other party shall be considered plural where applicable. CONSTRUCTION CONTRACT AIA Document A312-2010 Date: combines two separate bonds, a Performance Bond and a Amount: Eight Hundred Ninety Four Thousand One Hundred Four and 00/100s Payment Bond, into one form. Dollars ($894,104.00) This is not a single combined Description: Performance and Payment Bond. (Name and location) Jimmie Dyess Water and Sanitary Sewer Improvements Richmond County Georgia BOND Date: (Not earlier than Construction Contract Date) Amount:Eight Hundred Ninety Four Thousand One Hundred Four and 00/100s Dollars($894,104.00) Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate. ea)°� Blair Construction, Inc. Western Surety Company : ' � � . Signature: /��•`►�`/ Signature: C 7� zT s t Name William R. Mutimer, JR Blair L. Mutimer, I Name Buck Leigh and Title: Vice-President and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: , Albus-Leigh Agency, LLC (Architect,Engineer or other party) • ;.: 5 9725 Dunbarton Drive Augusta Utilities Department �� .-.• ^ •.,v, Columbia, SC 29223 360 Bay Street, Suite 180 • ti - r'r, `��'O ,�1}'. TEL: 803-261-6582 Augusta, GA 30901 ` . ' ayL� 4.1 ` ;1r• Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A312-Payment Bond-2010 Edition. I §1 The Contractor and Surety,jointly and severally,bind themselves, their heirs,executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants, and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims, demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim, demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any,under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. I Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A312-Payment Bond-2010 Edition. 6 i i i i i i i i i i i i §10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to,or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. §16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms"labor, materials or equipment"that part of water, gas,power,light,heat,oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A312-Payment Bond-2010 Edition. 7 ,, , , , 1 1 1 1 §16.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: I (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A312-Payment Bond-2010 Edition. 8 i i i i i i i i Western Surety Company v POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Buck Leigh,Individually of Columbia,SC,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of December,2013. Tr WESTERN SURETY COMPANY c 904:24-e77-Va"-- 4.'i moo~ i T.Bruflat,Vice President State of South Dakota l JT ss County of Minnehaha On this 17th day of December,2013,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +.00, 1 } J.MOHR June 23,2015 I g L NOTARY PUBLIC /yam/y/�J� i Qgx SOUTH DAKOTA ` [ AA ) J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of . �W�?cvq �3 WESTERN SURETY COMPANY as 4' 414 * Form F4280-7-2012 L.Nelson,Assistant Secretary ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) kle..../ 11/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Linda Mitchell CIC NAME: Sutter, McLellan, & Gilbreath, Inc. PHONE Exte (770)246-8300 lac NU): (770)246-8301 1424 North Brown Road AIL ADORESS: lmitchell@smginsurance.com Suite 300 INSURER(S)AFFORDING COVERAGE NAIC# Lawrenceville GA 30043-8107 INSURER A:Nat iOnal Trust Insurance INSURED Blair Construction, Inc.; Southern INSURERB:FCCI Insurance Co. Ashpalt LLC; First Equipment LLC and Evans INsuRERC:Berkley Flre and Marine Grading and Paving LLC INSURER D: P. 0. Box 770 INSURER E: Evans GA 30809 INSURER F: COVERAGES CERTIFICATE NUMBER:2016-2017 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 A CLAIMS-MADE 5-1C OCCUR PREMISES(Ea occurrence) $ 100,000 CPP0004476 02/14/2016 02/14/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY n PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS CA 0005458 02/14/2016 02/14/2017 BODILY INJURY(Per accident) $ _ _ X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) _ Medical payments $ 5,000 X UMBRELLALIAB X OCCUR EACH OCCURRENCE _ $ 10,000,000 B EXCESS LIAR CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 0180002841 02/14/2016 02/14/2017 $ WORKERS COMPENSATION Y PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A A (Mandatory In NH) 010-NC16A-54981 02/14/2016 02/14/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Leased/Rented Equipment MIM1003777-50 02/14/2016 02/14/2017 Any one item $310,000 Policy Limit $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Project: Jimmie Dyess Water and Sanitary Sewer Improvements Contract Amount: $894,104.00 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Augusta GA Commission ACCORDANCE WITH THE POLICY PROVISIONS. 535 Telfair Street Augusta, GA 30901 AUTHORIZED REPRESENTATIVE M Jaynes CSP/LINDAM =74'Z C I _ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) i COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. SECTION II—WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d)is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However,this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services,treatment, advice or instruction; or (ii) The"employee"has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50%of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations,you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g.through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the"bodily injury", "property damage"or"personal and advertising injury"for which the additional insured seeks coverage. However,the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g.through k. below; and CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 10 of 16 Copyright 2013 FCCI Insurance Group i i i i i i i i i i i i COMMERCIAL GENERAL LIABILITY CGL 088(10 13) Any error or omission in the description of,or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However,this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8.Transfer Of Rights Of Recovery Against Others To Us: However,we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work" included in the"products-completed operations hazard"under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 16 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL AUTO CAU 003(12 08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ADVANTAGE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s)to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II—LIABILITY COVERAGE is amended as follows: A.1. Who Is An Insured provision is amended by adding the following: d. Any legally incorporated subsidiary of yours in which you own more than 50%of the voting stock on the effective date of this coverage form. However, "insured"does not include any subsidiary that is an "insured" under any other liability policy or would be an"insured"under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy,you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an"insured"under another liability policy or would be an"insured"under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period,whichever comes first. f. Who Is An Insured is amended to include as an insured any person or organization except a person or organization that leases or rents "auto(s)"to you, but only to the extent of his, her, or its liability for whom you and such person or organization have agreed in writing in a contract or agreement, signed and executed by you prior to the loss for which coverage is sought,that such person or organization be added as an additional insured on your policy. Certificates of insurance will not be considered an Agreement to Insure. Such person or organization is an additional insured but only with respect to your negligent actions, which cause liability to be imposed on such person or organization without fault on the part of said person or organization. I CAU 003(12 08) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 4 Copyright 2008 FCCI Insurance Group. i i i i i i i i i COMMERCIAL AUTO CAU 014(04 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Paragraph 5.the Transfer of Rights of Recovery Against Others to Us Condition (Section IV—Business Auto Conditions)is amended by the addition of the following: However,we will waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make under this Coverage Form arising out of an"accident"or"loss" if: a. The"accident"or"loss" is caused by operations undertaken by you in accordance with the contract existing between you and such person or organization shown in the Schedule above: and b. The contract or agreement was executed prior to any"accident"or"loss." Our waiver of our right to recovery applies only to the extent that the person or organization shown in the Schedule above is considered to be either an Additional Insured under the policy or is entitled to indemnity from you. No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization shown in the Schedule, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by an injured employee. I I I I CAU 014(04 04) Contains copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 1 Copyright 2004 FCCI Insurance Group. i i i i i i i i i WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Insured Name: Blair Construction,Inc.; Southern Asphalt LLC;Evans Paving and Grading LLC Policy Number: 010-WC16A-54981 Agency Name: 3235,Sutter McLellan&Gilbreath Inc. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE IAll persons or organizations that,in a written contract executed by both parties prior to the date of the injury covered by this policy,require you to obtain this agreement from us. I I I I This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise noted. ' Issued by: National Trust Insurance company 27367 Endorsement Number. 0 0 0 0 010 Effective Date: Date Issued: • ' Countersigned by Authorized epresentative I ' WC 00 03 13 Copyright 1983 National Council on Compensation Insurance 620201, erne i i i i i i i i i i i i Revision oats 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 Revision Date August 2001 reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment,unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective,but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta,Georgia. Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications,but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division I of the Specifications. Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein,within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed-A written noticegiven 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. I 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 Revision Date August 2001 submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construction systems,standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor-An individual,firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part)can be used for the purposes for which it is intended,or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed"as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. 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 Alication for Payment,yment,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 r PROFESSIONAL as to form and substance. f 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 Intent: August 2001 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Revision Date 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 r 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 r 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 1 Revision Date August 2001 Physical Conditions-Underground Facilities: ' 4.3.1. Shown or Indicated:The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data ' furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1.OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2.The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground ' Facilities shown or indicated in the Contract Documents,for coordination of the Work with the OWNER'S of such Underground Facilities during construction,for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work,the cost of all of which will be considered as having been included in the Contract Price. 4.3.2.Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not ' reasonably have been expected to be aware of, CONTRACTOR shall,promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine ' the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility,and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20.CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree ' as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. ' Reference Points: 4.4.OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL ' whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or GC-9 I 1 Revision Date August 2001 Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or I 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 I 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 I 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 I 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, I Hazardous Waste or Radioactive Material uncovered or revealed at the site. I I 1 I I I GC-10 I 1 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 OW NER'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 loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear,subject to the requirements of any applicable mortgage clause and of paragraph 5.13.OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached,the damaged Work shall be repaired or replaced,the moneys so received applied on account thereof,and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5.13. OWNER,as trustee,shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery,of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization-Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby.The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification 5.16.1.CONTRACTOR shall indemnify and hold harmless OWNER,PROGRAM MANAGER,and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and 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-14 111. 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 maintaingood 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 I 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 I machinery,tools,appliances,fuel,power,light,heat,telephone,water,sanitary facilities,temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution,testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL,CONTRACTOR shall furnish satisfactory evidence (including reports of required tests)as to the kind and quality of materials and equipment.All materials and equipment shall be applied,installed,connected,erected,used,cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL,or any of PROFESSIONAL's consultants,agents or employees,any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or"Or-Equal"Items: I GC-16 I I Revision Date August 2001 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier,the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named.The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof,certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time,whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents(or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance,repair and replacement service will be indicated.The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change,all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute,PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific means, method,technique,sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence,technique or procedure of construction acceptable to PROFESSIONAL,if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents.The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered,installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish,at CONTRACTOR's expense,a special performance guarantee or other surety with respect to any substitute.PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute,CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. 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. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or GC-17 Revision Date August 2001 other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions,OWNER's or PROFESSIONAL's acceptance(either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents)of any such Subcontractor,Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor,Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors,Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor,Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11.CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention,design,process,product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims,damages,losses and expenses including attorneys'fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention,design,process,product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. i Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work.All permit costs shall be included in the base bid. Permits,if any,that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. GC-18 Revision Date August 2001 Laws and Regulations: 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 load nor permit any part of any structure to be loaded in any manner that will endanger the structure,nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein,whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,roadways,structures,utilities and Underground Facilities not designated for removal,relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them,and shall cooperate with them in the protection, removal,relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance,with paragraph 14.13 that the Work is acceptable(except as otherwise expressly provided in connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: GC-20 I IRevision Date August 2001 I6.22. 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 I 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 I variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to I 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. I 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. IShop Drawings and Samples: 6.23. After checking and verifying all field measurements,CONTRACTOR shall promptly submit to I 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 I 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. I 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 I 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 I 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 I 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 I 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, I 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. I 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 GC-21 I I Revision Date August 2001 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) 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 GC-22 I IRevision Date August 2001 Iany 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. I6.33. 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 I 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 I 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 Iapproval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. I I I I I I I I I I GC-23 I I 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 begiven 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. 1 1 GC-24 1 1 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, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. GC-28 Revision late 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 Revision Date August 2001 ARTICLE 11-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments)payable to CONTRACTOR for performing the Work. All duties,responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment.Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly(but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim.Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence(unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct,indirect and consequential)to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved.No 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 i I 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: 1 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. 1 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 I I I Revision Date Augus[ 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 I 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. Il 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 r as follows: 1 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 1111 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, I 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 I Revision Date august 2001 discipline/trade with the unit cost per man-hour and total labor price,labor burden,equipment hours and rate for each piece of equipment,material by units of measure and price per unit,other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR(less any applicable trade discounts)of materials and equipment required by the allowances to be delivered at the site and all applicable taxes;and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. 1 Prior to final payment,an appropriate Change Order will be issued as recommended by PROFESSIONAL to 1 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 I 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 I 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 I increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. I I GC-34 Revision nate 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 1 OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time 1 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 I 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 I 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. I I I I I I GC-35 I I I Revision Date August 2001 ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 1 Warranty and Guarantee: 1 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be 1 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 begiven to CONTRACTOR by PROFESSIONAL. All defective work,whether or not in place, may be rejected, corrected, or accepted as provided in this Article. I 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. I 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 I 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 , I I I Re Auust Date August zoal 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. One Year Correction Period: GC-37 1 1 Re uSion Date August 2001 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. I 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 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 GC-38 Revision Date August 2001 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 Inot 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. I I I I I f GC-39 Revision Date August 2001 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 1 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: I 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 I 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: I 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 I 1 1 Revision 2001 August 2001 111 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 Ion-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 1 OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final ' payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion,it would be incorrect to make such representations to OWNER.PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests,nullify any such payment previously recommended,to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: ' replacement.14.7.1. the Work is defective, or completed Work has been damaged requiring correction or 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. r 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 I I aevision Date August 2001 111 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 I 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 I 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 I following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any I 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 I 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 11 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 i i 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 i 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 nate 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 Revision Date August 2001 construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR(without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere,and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct,indirect and consequential costs of completing the Work(including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order,but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. 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 1 Revision Date August 2001 I 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. I I I I I I I I I GC-48 I I 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. 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all GC-50 MEW Revision Date August 2001 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 1 Revision Date August 2001 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater,a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. 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 I 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 I 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 I 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 I I I GC-52 I I I I ISECTION SC-0 INDEX TO SUPPLEMENTARY CONDITIONS I SECTION ISC-01 Scope of the Work SC-02 List of Drawings I SC-03 Bonds SC-04 Contractor's Liability Insurance SC-05 Project Sign SC-06 Protection of the Environment I SC-07 Temporary Toilets SC-08 Plans and Specifications Furnished SC-09 Record Drawings I SC-10 SC-11 Shop Drawings Existing Structures SC-12 Salvage Material I SC-13 Referenced Specifications SC-14 Traffic Control SC-15 Construction Order and Schedule SC-16 Inspection and Testing of Work I SC-17 Site Access SC-18 Tree Save SC-19 Georgia Prompt Pay Act I SC-20 SC-21 City Acceptance Disputes SC-22 Specified Materials SC-23 Interest Not Earned on Retainage SC-24 Basis of Payment SC-25 Compliance with Laws,Codes,Regulations,Etc. SC-26 Equivalent Materials I SC-27 After Hours Inspection SC-28 Supplement to the Agreement I I I I I SC-1 I I I 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 the contract I The work consists of construction and installation of water mains and sanitary gravity sewer with appurtenances and property restoration. I -02. LIST OF DRAWINGS: The following drawings,prepared by The Augusta Utilities Department comprise the plans for the project. I DATE SHEET NO. TITLE ORIGINAL REVISEDREVISED C-0 Overall Cover Sheet 08/11/2016 09/08/2016 I Water Main Plans I C-1 Cover Sheet 08/11/2016 09/08/2016 C-2General Notes&Legend 08/11/2016 N/A C-3 Key Map 08/11/2016 N/A C-4 Plan&Profile Line"A" 08/11/2016 N/A I C-5 Plan&Profile Line"A" 08/11/2016 N/A C-6 Plan&Profile Line"A" 08/11/2016 09/08/2016 C-7Plan&Profile Line"B" 08/11/2016 09/08/2016 l C-8 Standard Details 08/11/2016 09/08/2016 C-9 Standard Details 08/11/2016 N/A C-10 Standard Details08/11/2016 N/A Sanitary Sewer Plans CoverCover Sheet 05/16/2016 N/A 1Possible Future Development Plan 05/16/2016 N/A I 2Utility Plan 1 of 405/16/2016 N/A 3Utility Plan 2 of 4 05/16/2016 N/A 4Utility Plan 3 of 4 05/16/2016N /A I 5 Utility Plan 4 of 4 05/16/2016 N/A 6Miscellaneous Details 1 of 2 05/16/2016 N/A 7Miscellaneous Details 1 of 2 05/16/2016N /A Erosion, Sedimentation,&Pollution Control Plans EC-1 Cover Sheet 09/08/2016 N/A EC-2 CMP Notes&Details 09/08/2016N /A I EC-3 CMP Notes&Details 09/08/2016N /A EC-4 CMP Notes&Details 09/08/2016 N/A EC-5 Drainage Basin Map 09/08/2016 N/A EC-6 Soils Map&Legend 09/08/2016 N/A EC-7 Water Main SE& SC Plan 09/08/2016 N/A SC-2 I I EC-8 Water Main SE&SC Plan 09/08/2016 N/A EC-9 Sanitary Sewer SE& SC Plan 09/08/2016 N/A EC-10 Sanitary Sewer SE& SC Plan 09/08/2016 N/A EC-11 Sanitary Sewer SE& SC Plan 09/08/2016 N/A EC-12 SE&SC Details 09/08/2016 N/A -03.BONDS: ( The Contractor will include in the lump sum payment for Lump Sum Construction the cost of his performance and payment bonds. I -04.CONTRACTOR'S LIABILITY INSURANCE: Insurance shall be written with limits of liability shown below or as required by law,whichever is greater: ICommercial General Liability(per occurrence)Each Occurrence $ 1,000,000 General Aggregate $2,000,000 I 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 I -05.PROJECT SIGN: I 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, the name of the Contractor, and the Engineer and also 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 Lump Sum Construction. I -06.PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of the exposed earth will be I 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, I 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. I -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. I SC-3 I -08.PLANS AND SPECIFICATIONS FURNISHED: The Contractor will be furnished,free of charge,by the Owner up to two(2) sets of direct black line prints together with a like number of complete bound specifications for construction purposes.Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. -09.RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil.If necessary,supplemental drawings will be made to show details of deviations or changes,and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction and at the completion of construction.Prior to submitting his estimate for final payment,as-built drawings are to be prepared and submitted by the contractor to the engineer.As-built drawings shall include tap locations and manholes located to a minimum of two separate surface features. -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. SC-4 I -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,Augusta Sherriff Department,Emergency Medical Services, and the Augusta Traffic Engineering Department of any street closures. -15.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: I (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. I (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 I 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. ID. Progress Schedule Requirements I (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: I (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 I 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- I 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. I (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. I (2) General: (a) Schedule(s)shall reflect work logic sequences,restraints,delivery windows,review I 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. I SC-5 I (b) The schedule requirement herein is the minimum required. Contractor may prepare a more sophisticated schedule if such work will aid Contractor in execution and timely completion of work. (c) Base schedule on standard 5-day work week. (d) 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 in 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 made by 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 I shared to proportionate benefits to Owner and Contractor. Pursuant to above float-sharing requirement,no time extensions will be granted nor I delay damages paid until a delay occurs which(i)impacts project's critical path,(ii) extends work beyond contract completion date. I -16.INSPECTION AND TESTING OF WORK: The Owner shall provide sufficient competent engineering personnel for the technical observation and testing I of the work. The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or I 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 may or 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 SC-6 I rwithout review or consent of the Engineer,it must,if required If anywork should be covered supply. up � q by the Engineer,be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work maybe 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. -17.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 only those routes unless written approval is given by the owner. -18.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. -19.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. -20.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. -21.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. SC-7 -22. 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. -23.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 1 Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. -24.BASIS OF PAYMENT: I As explained in the section"Instructions to Bidders"and in the"General Conditions",payment will be made based on the percent complete per the contractor's breakdown. No payment shall be made for stored I materials. -25.COMPLIANCE WITH LAWS,CODES,REGULATIONS,ETC.: I 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: I 1. Underground Gas Pipe Law: The Contractor signing the contract acknowledges that he is fully aware of the contents and I 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 SC-8 I I 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. -26. 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. -27. 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. -28. 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. SC-9 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 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 SC-10 1 1 Act of 1986(IRCA),P.L.99-603,in accordance with the applicability provisions and deadlines established in 1 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 1 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 1 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. 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. q g SC-11 THIS PAGE INTENTIONALLY LEFT BLANK SC-12 SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.1 SECTION INCLUDES A. Coordination. B. Field engineering. C. Preconstruction meeting. D. Progress meetings. E. Pre-installation meetings. F. Cutting and patching. 1.2 COORDINATION A. Coordinate scheduling, submittals, and Work of various specification sections to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Verify utility requirements and characteristics of operating equipment are compatible with existing utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, operating equipment. C. Coordinate space requirements, supports, and installation of mechanical and electrical Work indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. D. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within construction. Coordinate locations of fixtures and outlets with finish elements. E. Coordinate completion and clean-up of Work of separate sections in preparation for Substantial Completion and for portions of Work designated for Owner's occupancy or partial occupancy. F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. Administrative Requirements 01300-1 1.3 FIELD ENGINEERING A. Employ Land Survey licensed in State of Project location. B. Locate and protect survey control and reference points. Promptly notify Engineer of discrepancies discovered. C. Control datum for survey is that indicated on Drawings. D. Submit copy of an as-built survey sealed and signed by Land Surveyor certifying elevations and locations of the Work are in conformance with Contract Documents. E. Maintain complete and accurate log of control and survey work as Work progresses. F. Protect survey control points prior to starting site work; preserve permanent reference points during construction. G. Promptly report to Engineer loss or destruction of reference point or relocation required because of changes in grades or other reasons. H. Replace dislocated survey control points based on original survey control. Make no changes without prior written notice to Engineer. 1.4 PRECONSTRUCTION MEETING A. Owner will schedule meeting after Contract time starts to run. B. Attendance Required: Owner, Engineer, and Contractor. C. Agenda: 1. Execution of Owner-Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of products, schedule of values, and progress schedule. 5. Designation of personnel representing parties in Contract, Engineer, independent testing firm. 6. Procedures and processing of field decisions, submittals, and substitutions, applications for payments, proposal requests, Change Orders, and Contract closeout procedures. 7. Scheduling. D. Engineer will record minutes and distribute copies within two days after meeting to participants, with two copies to Engineer, Owner, Contractor, and those affected by decisions made. Administrative Requirements 01300-2 1.5 PROGRESS MEETINGS A. Owner will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings and administer meetings. B. Schedule: Throughout progress of the Work at maximum interval of monthly. Meet more often if Work dictates need. C. Attendance Required: Job superintendent, major subcontractors and suppliers, Owner, Engineer, and others as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems impeding planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off-site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. E. Owner will record minutes and distribute copies within three days after meeting to participants, with copies to Engineer, Contractor, and those affected by decisions made. 1.6 PRE-INSTALLATION MEETINGS A. When required in individual specification sections, convene pre-installation meetings at Project site prior to commencing work of specific Section. B. Require attendance of parties directly affecting, or affected by, Work of specific Section. C. Notify Owner and Engineer four days in advance of meeting date. D. Prepare agenda and preside at meeting: 1. Review conditions of installation, preparation and installation procedures. 2. Review coordination with related work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Engineer, Owner, and those affected by decisions made. Administrative Requirements 01300-3 PART 2 PRODUCTS - Not Used PART 3 EXECUTION 3.1 • CUTTING AND PATCHING A. Employ skilled and experienced installer to perform cutting and patching. B. Submit written request in advance of cutting or altering elements affecting: 1. Structural integrity of element. 2. Integrity of weather-exposed or moisture-resistant elements. 3. Efficiency, maintenance, or safety of element. 4. Visual qualities of sight exposed elements. 5. Work of Owner or separate contractor. C. Execute cutting, fitting, and patching including excavation and fill, to complete Work, and to: 1. Fit the several parts together, to integrate with other Work. 2. Uncover Work to install or correct ill-timed Work. 3. Remove and replace defective and non-conforming Work. 4. Remove samples of installed Work for testing. 5. Provide openings in elements of Work for penetrations of mechanical and electrical Work. D. Execute work by methods to avoid damage to other Work, and to provide proper surfaces to receive patching and finishing. E. Cut masonry and concrete materials using masonry saw or core drill. F. Cut pavements using concrete saw. G. Restore Work with new products in accordance with requirements of Contract Documents. H. Refinish surfaces to match adjacent finishes. For continuous surfaces, refinish to nearest intersection; for assembly, refinish entire unit. I. Fit Work tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. J. Maintain integrity of wall, ceiling, or floor construction; completely seal voids. K. At penetrations of fire rated walls, partitions, ceiling, or floor construction, completely seal voids with fire rated material, to maintain original fire rating. L. Identify hazardous substances or conditions exposed during the Work to Engineer for decision or remedy. END OF SECTION Administrative Requirements 01300-4 SECTION 01 33 00 SUBMITTAL PROCEDURES IPART 1 GENERAL 1.1 SUMMARY IA. Section Includes. 1. Submittal procedures. 2. Product data. 3. Shop drawings. 4. Samples. 5. Design data. I 6. Test reports. 7. Certificates. 8. Manufacturer's instructions. 9. Manufacturer's field reports. 10. Construction progress schedules. 11. Proposed products list. 12. Erection drawings. 13. Construction photographs. 1.2 SUBMITTAL PROCEDURES A. Submit number of copies Contractor requires, plus two copies Engineer will retain. B. Deliver to Engineer at business address. C. For each submittal for review, allow 15 days excluding delivery time to and from Contractor. D. Transmit each submittal with Engineer accepted form. E. Sequentially number transmittal forms. Mark revised submittals with original number and sequential alphabetic suffix. F. Identify Project, Contractor, subcontractor and supplier, pertinent drawing and detail number, and specification Section number appropriate to submittal. G. Apply Contractor's stamp signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with requirements of the Work and Contract Documents. H. Schedule submittals to expedite Project. Coordinate submission of related items. I. Identify variations from Contract Documents and product or system limitations which may be detrimental to successful performance of completed Work. Submittal Procedures 01330-1 I J. Allow space on submittals for Contractor and Engineer review stamps, approximately 4- inches square. K. When revised for resubmission, identify changes made since previous submission. L. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report inability to comply with requirements. M. Submittals not requested will not be recognized or processed. 1.3 PRODUCT DATA A. Product Data: Submit to Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. C. Indicate product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. 1.4 SHOP DRAWINGS A. Shop Drawings: Submit to Engineer for review for limited purpose of checking for ' conformance with information given and design concept expressed in Contract Documents. B. Indicate special utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. C. When required by individual specification sections, provide shop drawings signed and sealed by professional engineer responsible for designing components shown on shop drawings. 1. Include signed and sealed calculations to support design. 2. Submit drawings and calculations in form suitable for submission to and approval by authorities having jurisdiction. 3. Make revisions and provide additional information when required by authorities having jurisdiction. D. Submit number of copies described in SUBMITTAL PROCEDURES article. 1.5 SAMPLES A. Samples: Submit to Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. B. Submit number of samples specified in individual specification sections; Engineer will retain one sample. Submittal Procedures 01330-2 I C. Samples For Selection as Specified in Product Sections: 1. Submit to Engineer for aesthetic, color, or finish selection. 2. Submit samples of finishes from full range of manufacturers' standard colors, in custom colors selected, textures, and patterns for Engineer selection. D. Submit samples to illustrate functional and aesthetic characteristics of Products with integral parts and attachment devices. Coordinate sample submittals for interfacing work. E. Include identification on each sample with full Project information. I F. Reviewed samples which may be used in the Work are indicated in individual specification sections. G. Samples will not be used for testing purposes unless specifically stated in specification section. I 1.6 DESIGN DATA A. Submit for Engineer's knowledge as contract administrator or for Owner. B. Submit for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. I1.7 TEST REPORTS A. Submit for Engineer's knowledge as contract administrator or for Owner. I B. Submit test reports for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. 1.8 CERTIFICATES A. When specified in individual specification Sections, submit certification by manufacturer, installation/application subcontractor, or Contractor to Engineer. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product but must be acceptable to Engineer. ' 1.9 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit printed instructions for ' delivery, storage, assembly, installation, startup, adjusting, and finishing to Engineer for delivery to Owner. B. Indicate special procedures, perimeter conditions requiring special attention, and special ' Submittal Procedures 01330-3 I environmental criteria required for application or installation. 1.10 MANUFACTURER'S FIELD REPORTS A. Submit reports for Engineer's knowledge as contract administrator or for Owner. B. Submit report within 72 hours of observation to Engineer for information. C. Submit for information for limited purpose of assessing conformance with information I given and design concept expressed in Contract Documents. 1.11 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial schedules within 15 days after date established in Notice to Proceed. After review, resubmit required revised data within 10 days. B. Submit revised Progress Schedules with each Progress Meeting or Application for Payment, but not less than monthly. C. Distribute copies of reviewed schedules to Project site file, subcontractors, suppliers, I and other concerned parties. D. Instruct recipients to promptly report, in writing, problems anticipated by projections I indicated in schedules. E. Submit computer generated Gantt chart with separate line for each major portion of I Work or operation, identifying first work day of each week. F. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate early and late start, early and late finish, float dates, and duration. G. Indicate estimated percentage of completion for each item of Work at each submission. I H. Submit separate schedule of submittal dates for shop drawings, product data, and samples. Indicate dates reviewed submittals will be required from Engineer. Indicate I decision dates for selection of finishes. I. Indicate delivery dates for Owner furnished products and products identified under I Allowances if required. J. Revisions To Schedules: 1. Indicate progress of each activity to date of submittal, and projected completion date of each activity. 2. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. I 3. Prepare narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect, including effect of changes on schedules of separate contractors. Submittal Procedures 1 01330-4 I 1 ' 1.12 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. t B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. ' 1.13 ERECTION DRAWINGS A. Submit drawings for Engineer's knowledge as contract administrator or for Owner. B. Submit for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. C. Data indicating inappropriate or unacceptable Work may be subject to action by Engineer or Owner. ' 1.14 CONSTRUCTION PHOTOGRAPHS A. Provide photographs of site and construction throughout progress of Work produced by an experienced photographer, acceptable to Engineer. B. Submit photographs monthly or to show milestones of Work. ' C. Photographs: Submit in a digital format on CD/DVD, flash drive, or email attachment. D. Take three photographs from differing directions for each section of work indicating relative progress of the Work, three days maximum prior to submitting. E. Take photographs as evidence of existing project conditions. ' F. Identify each print on front. Identify name of Project, contract number, phase orientation of view, date and time of view, name and address of photographer, and photographer's numbered identification of exposure. PART 2 PRODUCTS - Not Used PART 3 EXECUTION - Not Used END OF SECTION 1 Submittal Procedures 01330-5 II I I 1 I 1 I I 1 I I 1 I I 1 Submittal Procedures I 01330-6 1 SECTION 02055 SOILS - STRUCTURAL PART 1 GENERAL 1.1 SUMMARY A. Section includes structural subsoil backfill materials. 1.2 UNIT PRICES - MEASUREMENT AND PAYMENT A. Soils-Structural (AUD Pay Item M-4): 1.3 REFERENCES A. American Society for Testing and Materials: 1. ASTM D698 -Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures, Using 5.51b Rammer and 12 inch Drop. 2. ASTM D2487 - Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System). 3. ASTM D2922 —Standard Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods(Shallow Depth). 4. ASTM D3017—Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). B. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. 1.4 SUBMITTALS A. Materials Source: Submit name of imported materials source. Contractor to provide material classification for all imported materials. Classify per Georgia Department of Transportation Standards and Specifications Section 810. Additional classification tests may be required to confirm characteristics of imported material. No additional payment 1.5 QUALITY ASSURANCE A. Perform Work in accordance with Georgia Department of Transportation and Augusta Utilities Department Standards. Soils-Structural 02055-1 PART 2 PRODUCTS I 1 2.1 SUBSOIL MATERIALS A. Type S1: 1. Structural 2. Graded. 3. Free of lumps larger than 2 inches, rocks larger than 1 inch, and debris. 4. Conforming to Georgia Department of Transportation Standards and Specifications Section 810, Class IA1, A2. 2.2 SOURCE QUALITY CONTROL A. Testing and Analysis of Subsoil Material: Perform in accordance with ASTM D698. ASTM D2922. ASTM D3017. B. If tests indicate materials do not meet specified requirements, change material and retest. C. Provide materials of each type from same source throughout the Work. PART 3 EXECUTION 3.1 STOCKPILING A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile apart to prevent mixing. D. Prevent intermixing of soil types or contamination. E. Direct surface water away from stockpile site to prevent erosion or deterioration of materials. 3.2 STOCKPILE CLEANUP A. Remove stockpile, leave area in clean and neat condition. Grade site surface to prevent free standing surface water. Grass as necessary. END OF SECTION Soils-Structural 02055-2 SECTION 02060 AGGREGATE PART 1 GENERAL 1.1 SUMMARY A. Section includes aggregate materials for pipe bedding. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Foundation Backfill, GA DOT Type II, for Additional Unclassified Excavation (Aggregate Type Al). 1. Basis of Measurement: No separate payment for bedding. I1.3 REFERENCES I A. AASHTO M147 (American Association of State Highway and Transportation Officials) - Materials for Aggregate and Soil-Aggregate. B. ASTM C136 - Method for Sieve Analysis of Fine and Coarse Aggregates. C. ASTM D698-Test Method for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.51b Rammer and 12 inch Drop. D. ASTM D2167 -Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. tE. ASTM D2487 - Classification of Soils for Engineering Purposes. F. ASTM D2922 -Test Method for Density of Soil and Soil-Aggregate in Place by ' Nuclear Methods (Shallow Depth). G. ASTM D3017—Test Method for Moisture Content of Soil and Soil-Aggregate in ' Place by Nuclear Methods (Shallow Depth). H. ASTM D4318—Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of ' Soils. I. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. I Aggregate 02060-1 PART 2 PRODUCTS 2.1 COARSE AGGREGATE MATERIALS A. Coarse Aggregate Type Al: GA DOT Type II Foundation Backfill material conforming to Georgia Department of Transportation Standard Specifications, Section 812.2.02. 2.2 SOURCE QUALITY CONTROL A. Aggregate Material - Submit name of imported materials source. Contractor to provide material classification for all imported materials. Classify per Georgia Department of Transportation Standards and Specifications Section 812.2.02. Additional classification tests may be required to confirm characteristics of imported material. No additional payment. B. If tests indicate materials do not meet specified requirements, change material or material source and retest. C. Provide materials of each type from same source throughout the Work. PART 3 EXECUTION 3.1 STOCKPILING A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile apart to prevent mixing. D. Direct surface water away from stockpile site so as to prevent erosion or deterioration of materials. 3.2 STOCKPILE CLEANUP A. Remove stockpile, leave area in clean and neat condition. Grade site surface to prevent free standing surface water. Grass as necessary. END OF SECTION Aggregate 02060-2 I SECTION 02221 SELECTIVE DEMOLITION 1 1 GENERAL 1.1 SUMMARY A. Section includes demolition of designated structures; demolition of pavement sections; disconnecting and capping of identified utilities. 1.2 UNIT PRICES - MEASUREMENT AND PAYMENT A. Selective Demolition, AUD Item LS-1: ' 1. Basis of Measurement: Included in Lump Sum Construction. 2. Basis of Payment: Shall include costs associated with the demolition of pavement sections, brick wall sections and mail boxes, and disconnecting and capping of identified utilities. ' 1.3 CLOSEOUT SUBMITTALS ' A. Project Record Documents: Accurately record actual locations of capped utilities. 1.4 REFERENCES ' 1. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. 1 2 PRODUCTS [Not Used.] 3 EXECUTION I3.1 PREPARATION A. Provide, erect, and maintain temporary barriers and security devices including t warning signs and lights, and similar measures, for protection of the public, t Owner, Contractor's employees and existing improvements to remain. B. Mark location of utilities. 3.2 DEMOLITION REQUIREMENTS A. Conduct demolition to minimize interference with adjacent properties. B. Cease operations immediately if adjacent structures appear to be in danger. Notify Engineer. Do not resume operations until directed. Selective Demolition 02221 -1 I I C. Conduct operations with minimum interference to public or private accesses. Maintain protected egress and access from adjacent areas at all times. D. Sprinkle Work with water to minimize dust. Provide hoses and water I connections for this purpose. 3.3 DEMOLITION A. Disconnect, cap and identify designated utilities within project area. B. Assure line, grade and cross-section are maintained. C. Continuously clean-up and remove demolished materials from site. Do not allow materials to accumulate on the site. I D. Do not burn or bury materials on site. Leave site in clean condition. E. Do not disturb utilities that are to remain active, in-place. I I END OF SECTION I 1 I I 1 1 I Selective Demolition 1 02221 -2 SECTION 02324 TRENCHING PART 1 GENERAL 1.1 SUMMARY A. Section includes excavating trenches for utilities; compacted fill from top of utility bedding to subgrade elevations; and backfilling and compaction. B. Related Sections: ' 1. Section 02060 -Aggregate. 2. Section 02512—Site Water Distribution 3. Section 02760— Flowable Fill Material ' 1.2 UNIT PRICE— MEASUREMENT & PAYMENT ' A. No separate payment for trenching or backfilling activities. 1.3 REFERENCES ' A. ASTM C136 - Method for Sieve Analysis of Fine and Coarse Aggregates. B. ASTM D698 -Test Methods for Moisture-Density Relations of Soils and ' Soil-Aggregate Mixtures, Using 5.5 lb Rammer and 12 inch Drop. C. ASTM D1556 -Test Method for Density of Soil in Place by the Sand-Cone ' Method. D. ASTM D2167 -Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. E. ASTM D2922 -Test Methods for Density of Soil and Soil-Aggregate in Place 9 by Nuclear Methods (Shallow Depth). fF. ASTM D3017 -Test Methods for Moisture Content of Soil and Soil-Aggregate Mixtures. G. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. 1.4 DEFINITIONS A. Utility: Any buried pipe, duct, conduit, or cable. 1 1.5 FIELD MEASUREMENTS A. Verify field measurements prior to fabrication. Trenching 02324-1 I 1.6 COORDINATION A. Verify Work associated with lower elevation utilities is complete before placing I higher elevation utilities. 1 PART 2 PRODUCTS 2.1 FILL MATERIALS I A. Fill Type Si: As specified in Section 02055. I B. Fill Type S2: As specified in Section 02760 (Flowable Fill Material). PART 3 EXECUTION I 3.1 LINES AND GRADES I A. Grades 1. Pipes shall be laid true to the lines and grades indicated. I 2. Water main to be installed with 4 foot minimum cover unless otherwise shown in plan view. B. Location of Pipe Lines: I 1. The location and approximate depths of the proposed pipe lines are shown on the Drawings. 2. The Engineer reserves the right to make changes in lines, grades, and I depths of pipe lines when such changes are necessary. 3.2 PREPARATION A. Identify required lines, levels, contours, and datum locations. B. Protect plant life, lawns, and other features remaining as a portion of final I landscaping. C. Protect bench marks, existing structures, fences, sidewalks, paving, and curbs I from excavating equipment and vehicular traffic. D. Maintain and protect above and below grade utilities which are to remain. E. Cut out soft areas of subgrade not capable of compaction in place. Backfill with Type Al material and consolidate. Type A2 material may be placed and compacted in wet areas at the direction of the Engineer or Augusta Utilities Department representative. F. Outside of pavement areas, the top 4-inches of existing topsoil to be carefully removed, stockpiled, protected, and reused. Trenching 02324-2 ' 3.3 EXCAVATING A. Excavate subsoil required for utilities to tie-in location. ' B. Cut trenches sufficiently wide to enable installation and allow inspection. Remove water or materials that interfere with Work. ' C. Do not interfere with 45 degree bearing splay of foundations. D. Hand trim excavation. Hand trim for bell and spigot pipe joints. Remove loose ' matter. E. Remove lumped subsoil, boulders, and rock up to 1/3 cubic yard, measured by volume. F. Correct over excavated areas with Type Al material uniformly placed and compacted (6-inch thick lift— max.). ' G. Stockpile excavated material in area designated on site and remove excess material not being used from site. 3.4 TRENCHING ' A. Excavations: 1. Excavation shall be dug so that the pipe can be laid and jointed properly. The trench shall be made so that the pipe can be laid to the alignment and depth as shown on the Drawings, and it shall be excavated only so ' far in advance of pipe laying as permitted by the Engineer. The excavation shall not be more than 16 inches wider at the bottom than the outside diameter of the pipe or structure. If there is no interference with ' construction, or adjacent property, and if soil permits, the Contractor at his own expense shall be permitted to slope the side walls of the excavation starting at a point 2 feet above the top of pipe. 2. The trench shall be excavated to the depth required so as to provide a uniform and continuous bearing and support for the pipe on bedding material at every point between joints, except where pipe slings or other ' 3. lifting tackle are withdrawn. Excavation Below Grade: a) Where excavation indicates that the subsurface materials at the bottom of the trench are in a loose or soft state, the Contractor shall be advised to excavate to a depth where suitable material is encountered, as directed by the Engineer. b) Where the bottom of the trench has been excavated by mistake to a greater depth than required, the Contractor shall refill this area using approved material. No additional compensation shall be given to the Contractor. Refilling with earth to bring the bottom of the trench to the proper grade will not be permitted. Trenching 02324-3 1 4. Excavation within 24 inches of existing utilities shall be governed by specifications of the Owner of the respective utility. The Contractor shall obtain these specifications and follow the same at no extra cost. B. Trenching in Advance of Pipe Laying: The trench for the pipe lines shall not be opened for a distance of more than 200 linear feet at any one time, unless authorized by the Engineer. Contractor shall not leave any trench open at the end of a working day, unless special conditions warrant as determined by Augusta Utilities Department (AUD). If approved by AUD, any portion of trench left open shall be covered with a steel plate or barricaded so that traffic or pedestrians cannot encounter area. 3.5 SHEETING AND BRACING t A. General 1. Sheeting and bracing of all excavations shall conform to the latest statutes of the State of Georgia governing safety of workers in the construction industry. When necessary, in the opinion of the Engineer or Contractor, adequate sheeting and bracing shall be installed to prevent ground movement that may cause damage or settlement to adjacent structures, pipelines and utilities. Any damage due to settlement because of failure to use sheeting or because of inadequate bracing, or through negligence or fault of the Contractor in any other manner, shall , be repaired at the Contractor's expense. 2. Sides of trenches shall be shored, sheeted, braced, sloped, or otherwise supported by means of sufficient strength to protect employees working within them. Refer to respective OSHA regulations. B. Sheeting Requirements: 1. Where excavations are made with vertical sides which require supporting, the sheeting and bracing shall be of sufficient strength to sustain the sides of the excavations and to prevent movement which could in any way injure the Work, or adjacent structures, or diminish the working , space sufficiently to delay the Work. Special precautions shall be taken where there is additional pressure due to the presence of other structures. 2. It shall be the Contractor's responsibility to select sheeting and bracing of sufficient dimensions and strength to adequately support the sides of trenches and excavations. The Contractor shall submit details of the sheeting and bracing he proposes to use to the Engineer for review. 3. Timber sheeting shall conform in quality to select structural Douglas Fir lumber and shall be sound, live timber, free from sap, large checks, shakes, loose or decayed knots, worm holes, and other imperfections which may impair its strength or durability. 4. In wet excavation grooved sheeting shall be used to prevent passage of soil. Any voids between sheeting and face of excavation shall be filled with suitable material rammed in place. 5. Sheeting and bracing shall be removed before the completion of the Work, unless otherwise directed in writing by the Engineer. Sheeting Trenching 02324-4 which is left in place shall be cut off 18 inches below the original ground surface or as directed by the Engineer. Untreated wood will not be allowed to be left in place. 3.6 BACKFILLING IA. Backfill trenches to contours and elevations with unfrozen fill materials. B. Systematically backfill to allow maximum time for natural settlement. Do not Ibackfill over porous, wet, frozen, or spongy subgrade surfaces. C. Soil Fill Type S1: From pipe bedding elevation (top of bedding material), place I and compact material in equal, continuous layers as specified within the drawings. D. Flowable Fill Type S2: See heading 4.1 (Schedule) of this section. IE. Employ a placement method that does not disturb or damage, utilities in trench. I F. Maintain optimum moisture content of fill materials to attain required compaction density. IG. Remove surplus fill materials from site. H. Leave fill material stockpile areas completely free of excess fill materials. I3.7 TOLERANCES A. Top Surface of Backfilling under Paved Areas: Plus or minus% inch from Irequired elevations. B. Top Surface of General Backfilling: Plus or minus 1 inch from required Ielevations. 3.8 FIELD QUALITY CONTROL IA. Compaction testing will be performed in accordance with ASTM D698 or ASTM D2922. I B. If tests indicate Work does not meet specified requirements, remove Work, replace, compact, and retest. I C. Frequency of Tests: i. For areas outside of pavement section: 1 test/ 100 If. /2 feet of backfill. For roadway installations test each 12" lift of backfill, including Iii. subgrade. Proof roll subgrade under the supervision of a registered geotechnical engineer in the state of Georgia (18-ton load). ITrenching 02324-5 3.9 PROTECTION OF FINISHED WORK A. Reshape and re-compact fills subjected to vehicular traffic during construction. 4.1 SCHEDULE A. Water Main (For Direct Bury Installation) 1. Refer to Augusta Utilities Department Detail 1.1. 2. Excavate and prepare subgrade by compacting to 95% standard proctor. Install pipe bedding in 4" maximum lifts and uniformly compact. Install pipe per manufacturer's recommendations. Extend Type Al aggregate to pipe springline. Install select backfill material (Type S1) in 6" maximum lifts to 12" above top of pipe. Select material to be compacted (per lift)to 98% standard proctor. Native material can be used as "Normal Backfill" (if approved by Engineer or AUD field representative)from this point to grade if dried and properly prepared. If Engineer or AUD representative does not approve native material, then continue placement and compaction of select backfill material as previously noted. 3. Where installed by open cut in paved areas, contractor to install select material in 6 inch maximum lifts, compacted to 95% standard proctor, to 12 inches below subgrade elevation. The top 12 inches is to be compacted to 100% standard proctor. Refer to Augusta Engineering Department— Utility Road Cut Detail 4.1. END OF SECTION Trenching 02324-6 I I SECTION 02230 CLEARING & GRUBBING PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Removing surface debris. 2. Removing trees, shrubs, and other plant life. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Clearing and Grubbing, AUD Item LS-1: 1. Basis of Measurement: Lump Sum 2. Basis of Payment: Shall include costs for vegetation removal, stockpiling, disposal and any required permitting. 1.3 REFERENCES A. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. PART 2 Not Used. PART 3 EXECUTION 3.1 PROTECTION A. Locate, identify, and protect utilities that remain, from damage. B. Protect trees, plant growth, and features designated to remain. C. Protect bench marks, survey control points and existing structures from damage or displacement. D. Install Erosion Control Best Management Practices concurrent with clearing activities. E. Stabilize cleared area per ES & PC plans. Clearing-Grubbing 02230-1 I 3.2 TREE REMOVAL A. Remove only trees that are necessary for completion of construction activities. Contractor is to schedule a site meeting with Augusta Utilities Department representatives to review tree removal limits prior to the start of clearing activities. 3.3 REMOVAL A. Remove debris, rock, and extracted plant life from site. END OF SECTION i I 1 I Clearing-Grubbing 02230-2 SECTION 02374 I EROSION CONTROL DEVICES I PART 1 GENERAL ` 1.1 SUMMARY I A. Section Includes: Installation, maintenance and removal of silt fence, fabric frame inlet protection and other miscellaneous erosion control devices (BMPs). B. Related Sections: 1. Section 02924—Grassing & Mulching I1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. SILT FENCE, TYPE A(AUD Pay Item LS-1): Basis of Measurement: included in Lump Sum Construction. II. 2. Basis of Payment: Includes all materials and work required including geotextile, installation, maintenance, and removal. I B. FABRIC FRAME INLET PROTECTION (AUD Pay Item LS-1): 1. Basis of Measurement: included in Lump Sum Construction. 2. Basis of Payment: Includes all materials and work required including geotextile, aggregate, installation, maintenance and removal. 1.3 REFERENCES A. Manual for Erosion and Sediment Control in Georgia, latest edition, including all amendments and additions. B. Georgia Department of Transportation Standard Specifications, 2001. PART 2 PRODUCTS ' 2.1 Miscellaneous Erosion Control Devices: Furnish materials in accordance with Georgia Department of Transportation Standard Specifications, 2001 and Manual for Erosion & ' Sedimentation Control in Georgia. PART 3 EXECUTION 3.1 EXAMINATION A. Verify compacted subgrade is acceptable and ready to support devices and imposed loads. B. Verify gradients and elevations of base or foundation for other work are correct. Erosion Control Devices 02374- 1 C. Install Work in accordance with Georgia Department of Transportation Standard Specifications, 2001. 3.2 FIELD QUALITY CONTROL A. Best Management Practices (BMP) proposed in plans are shown as minimum I requirements. Contractor shall provide additional BMPs as necessary and as directed by the County or Engineer, to mitigate soil loss from the project site. B. Additional BMPs are to be located at entry/exit pits and at other locations per the Contractors work plan. C. Contractor will continuously maintain erosion control BMPs. I I I I D. The contractor is responsible to perform required daily and weekly ES&PC inspections by certified personnel, and providing inspection report copy to the Owner, and maintaining an accurate set of ES&PC plans on site. Owner is responsible for qualified rain event sampling and testing and monthly reporting. END OF SECTION I I I I I I I I I Erosion Control Devices 02374-2 I SECTION 02512 f SITE WATER DISTRIBUTION IPART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Pipe and fittings for site water line. 2. Valves. I3. Hydrants. B. Related Sections: 1. Section 02060 -Aggregate. 2. Section 02324 -Trenching. 3. Section 02516- Disinfection of Water Distribution. 1.2 REFERENCES IA. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for Ductile Iron Pipe, fire hydrants, and water main ' disinfection. B. Georgia Department of Transportation Standard Specifications for Construction I of Transportation Systems. C. ASTM International: 1. ASTM D698 -Standard Test Method for Laboratory Compaction ' Characteristics of Soil Using Standard Effort(12,400 ft-Ibf/ft3 (600 kN- m/m3)). 2. ASTM 674—Standard Practice for Polyethylene Encasement for ductile Iiron pipe for water and other liquids. D. Ductile Iron Pipe Research Association (DIPRA). E. American Water Works Association: 1. AWWA C104 -American National Standard for Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water. 2. AWWA C110 - Ductile Iron and Grey Iron-Fittings, 3-inch through 48-inch. 3. AWWA C111 -American National Standard for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings. ' 4. AWWA C116— Protective Fusion— Bonded Epoxy Coatings Interior& Exterior Surface Ductile Iron/Gray-Iron Fittings. 5. AWWA C151 -American National Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water. ' 6. AWWA C153— Ductile-Iron Compact Fittings for Water Service. Site Water Distribution 02512-1 7. AWWA C500 - Metal-Seated Gate Valves for Water Supply Service. 8. AWWA C502 - Dry-Barrel Fire Hydrants. I 9. AWWA C509 - Resilient-Seated Gate Valves for Water-Supply Service. 10. AWWA C600 - Installation of Ductile-Iron Water Mains and Their Appurtenances. 11. ASTM A307 - Standard Specification for Carbon Steel Bolts and Studs; Ig 60,000 psi tensile strenth. 12. ASTM A563—Standard Specification for Carbon and Alloy Steel Nuts. 13. ANSI/AWWA C105/A21.5 American National Standard for Polyethylene I Encasement for Ductile Iron Pipe Systems. 14. ANSI/AWWA C150/A21.50-96 1996 or latest version, American National Standard for Thickness Design of Ductile Iron Pipe. 15. ANSI/AWWA C509-94 1994 or latest version Resilient-Seated Gate Valves for Water-Supply Service (includes addendum C509a-95) 16. ANSI/AWWA C550-90 1990 or latest version Protective Epoxy Interior 1 Coating for Valves and Hydrants 1 F. Underwriters Laboratories Inc.: I 1. UL 246 - Hydrants for Fire - Protection Service. 1.3 QUALITY ASSURANCE A. Perform Work in accordance with Augusta Utility Department Standards and I Specifications, latest edition. 1.5 SUBMITTALS I A. Pipe Submittals: I 1. Submit sufficient product data that verifies compliance with specifications and standards. 2. Field Hydrostatic Testing Plan: Submit at least 15 days prior to testing and at minimum, include the following: a. Testing dates. b. Piping systems and section(s)to be tested. c. Method of isolation. I d. Method of conveying water from source to system being tested. e. Calculation of maximum allowable leakage for piping section(s)to be tested. 4. Certifications of Calibration: Approved testing laboratory certificate if pressure gauge for hydrostatic test has been previously used. If pressure gauge is new, no certificate is required. B. Fire Hydrant: I 1. Product Data—provide product data on hydrant, anti-terrorism valve, valve, I and accessories. Provide manufactures information with dimensions, materials, assembled weights and maintenance data. I Site Water Distribution I 02512-2 i i ' C. VALVES, TAPPING SLEEVES, OTHER WATER MAIN APPURTENANCES 1. Submit catalog cuts of system components. 2. Verify that submitted product meets Augusta Utilities Department Standards & Specifications. PART 2 PRODUCTS 2.1 WATER PIPING ' A. Ductile Iron Pipe (DIP)Water Main: 1. Diameter: 8", CI 350 DIP conforming to AWWA Standard C151. 2. Fittings: Ductile iron, standard thickness; mechanical joint conforming to AWWA Standard C110/C153 ' 3. Joints: Conform to AWWA Standard C111. a. Push-on Joint: Rated at minimum working pressure equal to pipe material design. ' b. DIP Restrained Joint: 1) Manufactured proprietary joint that mechanically restrains pipe to adjoining pipe. ' 2) Manufacturers and Products: a) EBAA Iron, Series 1100. b) Or Engineer approved equal. ' 2.2 WATER SERVICE LINES: ' A. Copper Tubing: ASTM B88, Type K, annealed; 1" Diameter(Residential)/2" Diameter(Commercial): 1. Service saddle to be ductile iron double strap type. 2. Corporation stops to be Ford or Engineer approved equivalent with a ' taper thread inlet and flared copper outlet. 2.3 GATE VALVES ' A. Valves must conform to AWWA C509 (latest version). Valves to be open right. ' B. Manufacturers: U.S. Pipe Metro—Seal 250 Resilient Seated Gate Valve or Engineer approved equal. C. Valve Box(Screw Type): Tyler/ Union 6850 series, M & H E-2702, Mueller ' H10364 or Engineer approved equal. Provide extensions, as required and shall be cast iron or ductile iron. Cast"water" on valve box cover. ' D. Gate valves must be full body ductile iron. 2.4 HYDRANT ' A. Hydrant: Site Water Distribution 02512-3 I I 1. Break flange or safety top type. 1. Nominal 5-1/4-inch main valve opening with 6-inch bottom connections. 2. 6-inch diameter restrained joint ductile iron pipe. 3. Mechanical joint tee fitting restrained, with 6" branch (poly-wrapped) 4. Conform to AWWA C502. 5. Two 2-1/2-inch hose nozzles. 6. One 5-inch stroz nozzle. 7. Operating Nuts: 1-1/2-inch National Standard pentagon nut. 8. Mechanical joint inlet connection. 9. Yellow above ground line. 10. Integral Anti-Terrorist Valve at the shoe. 11. Maximum of one (1) riser allowed, eighteen (18) inches or less. I 12. Approved Manufacturer and Product: a. Mueller; #A-24018 b. M&H Figure 129T c. American AVK 2700 Series I B. Main Valve: 1. Depth of Bury: 4 feet. I 2. Equip with 0-ring seals. 3. Valve opens right as specified on drawings. I 4. U.S. Pipe Metro-Seal 250 Resilient Seated Full Body Ductile Iron Gate Valve or Engineer approved equal. 2.5 BEDDING AND COVER MATERIALS I A. Bedding: Type Al, as specified in Section 02060. B. Cover: Type S1, as specified in Section 02055. I 2.6 ACCESSORIES A. Concrete for Thrust Restraints: Concrete to be Class 'A' concrete, as per Georgia I Department of Transportation Standard Section 500, 3000 psi at 28-day compressive strength. Design slump: 2—4 inches. I PART 3 EXECUTION 3.1 EXAMINATION A. Verify all existing utilities as to their location and invert elevation. I B. Inspect pipe and fittings to ensure no cracked, broken, or otherwise defective materials are being used. I I Site Water Distribution I 02512-4 1 3.2 PREPARATION A. Cut pipe ends square, ream pipe and tube ends to full pipe diameter, remove burrs. B. Remove scale and dirt on inside and outside before assembly. C. Prepare pipe connections to equipment with flanges or unions. D. Trench Grade: 1. Grade bottom of trench by hand to specified line and grade, with proper allowance for pipe thickness and pipe base, when specified. Trench bottom shall form a continuous and uniform bearing and support for pipe between bell holes. 2. Before laying each section of pipe, check grade and correct irregularities found. Grade may be disturbed for removal of lifting tackle. E. Bell (Joint) Holes: At each joint, dig bell holes of ample dimensions in bottom of trench, and at sides where necessary, to permit joint to be made properly and to permit easy visual inspection of entire joint. 3.3 BEDDING A. Excavate and backfill pipe trench in accordance with Section 02324. Allow for aggregate pipe bedding where specified. 3.4 INSTALLATION — PIPE A. General: 1. Provide and use proper implements, tools, and facilities for safe and proper prosecution of Work. 2. Lower pipe, fittings, and appurtenances into trench, piece by piece, by means of a crane, slings, or other suitable tools and equipment, in such a manner as to prevent damage to pipe materials, protective coatings and linings. 3. Do not drop or dump pipe materials into trench. B. Maintain separation of water main from sanitary sewer piping in accordance with Augusta Utility Department Standards and Specifications, unless otherwise shown in plans. C. Cleaning Pipe and Fittings: 1. Remove lumps, blisters, and excess coal tar coating from bell and spigot ends of each pipe. Wire brush outside of spigot and inside of bell and wipe clean, dry, and free from oil and grease before pipe is laid. 2. Wipe ends of mechanical joint pipe and fittings and of rubber gasket joint pipe and fittings clean of dirt, grease, and foreign matter. Site Water Distribution 02512-5 1 I D. Laying Pipe: 1. Direction of Laying: Lay pipe with bell end facing in direction of laying. For I lines on an appreciable slope, face bells upgrade at discretion of Engineer. 2. Mechanical Joint, Push-On Joint, and Restrained Joint Pipe: After first I length of pipe is installed in trench, secure pipe in place with approved backfill material tamped under and along sides to prevent movement. Keep ends clear of backfill. After each section is jointed, place backfill as specified to prevent movement. I 3. Take precautions necessary to prevent floating of pipe prior to completion of backfill operation. 4. When using movable trench shield, take necessary precautions to prevent I pipe joints from pulling apart when moving shield ahead. 5. Do not allow foreign material to enter pipe while it is being placed in trench. 6. Close and block open end of last laid section of pipe to prevent entry of I foreign material or creep of gasketed joints when laying operations are not in progress, at close of day's work, or whenever workers are absent from job. ' E. Joining Push-On Joint Pipe and Mechanical Joint Fittings: 1. Join pipe with push-on joints and mechanical joint fittings in strict I accordance with manufacturer's recommendations. The process of mechanized pipe joining must be approved by Owner and Engineer. 2. Provide special tools and devices, such as, special jacks, chokers, and l similar items required for installation. 3. Lubricate pipe gaskets using lubricant furnished by pipe manufacturer. No substitutes will be permitted. 4. Clean ends of fittings of dirt, mud, and foreign matter by washing with water I and scrubbing with a wire brush, after which, slip gland and gasket on plain end of pipe. If necessary, lubricate end of pipe to facilitate sliding gasket in place, then guide fitting onto spigot of pipe previously laid. I F. Cutting Pipe: 1. General: Cut pipe for inserting valves, fittings, or closure pieces in a neat I and workmanlike manner without damaging pipe or lining and so as to leave a smooth end, at right angles to axis of pipe. 2. Pipe: Cut pipe with milling type cutter or saw. Do not flame cut. 3. Dressing Cut Ends: Dress cut end of mechanical joint pipe to remove sharp edges or projections, which may damage rubber gasket. Dress cut ends of push-on joint pipe by beveling, as recommended by manufacturer. G. Line and Grade: 1. Minimum Pipe Cover: 4 feet, unless otherwise indicated. 2. No high points will be allowed between air valves. 3. Deviations exceeding 6 inches from specified line or 1 inch from specified grade will not be allowed without express approval of Engineer. Site Water Distribution 02512-6 1 4. Pipeline sections that are not installed to elevations shown or installed as approved by Engineer shall be reinstalled to proper elevation. H. Thrust Restraint: 1. Restrained joints only. Use of thrust blocking will not be allowed as restraint unless specifically identified on plans and approved by the Owner and Engineer. ' 3.5 HYDROSTATIC TESTING ' A. Pipeline Hydrostatic Test: 1. General: ' a. Notify Owner in writing 5 days in advance of any testing. Perform testing in presence of Owner or Engineer b. Test newly installed pipelines. Using water as test medium, pipes ' shall successfully pass a leakage test prior to acceptance. c. Furnish testing equipment and perform tests in manner satisfactory to Owner and Engineer. Testing equipment shall provide observable and accurate measurements of leakage under specified conditions. ' d. Isolate new pipelines that are connected to existing pipelines. e. Conduct tests on entire pipeline after trench has been backfilled. Testing may be done prior to placement of asphaltic concrete or ' f. roadway structural section. Contractor may, if field conditions permit and as determined by the Owner, partially backfill trench and leave joints open for inspection ' and conduct an initial service leak test. Hydrostatic test shall not, however, be conducted until backfilling has been completed. g. Owner shall provide gauge for pipeline hydrostatic test. h. Contractor shall not work on sections of the successfully tested line ' without the Owner's representative present. 2. Procedure: a. Maximum filling velocity shall not exceed 0.25 foot per second, ' calculated based on the full area of pipe. b. Expel air from pipe system during filling. Expel air through air release valve or through corporation stop installed at high points and other ' strategic points. c. Test pressure shall be one and a half times system operating pressure, but in no case less than 200 psi as measured at low point of pipeline. I d. Apply and maintain specified test pressure with hydraulic force pump. Valve off piping system when test pressure is reached. e. Maintain hydrostatic test pressure continuously for 2 hours minimum, I adding additional make-up water only as necessary to restore test pressure. f. Determine actual leakage by measuring quantity of water necessary to maintain specified test pressure for duration of test. Ig. If measured leakage exceeds allowable leakage or if leaks are visible, repair defective pipe section and repeat hydrostatic test. Site Water Distribution 02512-7 I I I h. Coordinate test pressure with pressure ratings of ancillary system devices such as air release valves. I 3. Allowable Leakage: Maximum allowable leakage shall not exceed amount stated in AWWA. I 3.6 INSTALLATION - FIRE HYDRANTS A. General I 1. Install hydrants in accordance with Sections 3.7 and 3.8 of AWWA C600, I unless specified otherwise. B. Excavation I 1. Excavate to subgrade. Fill over excavated areas with foundation stabilization material. Tamp to provide firm foundation. C. Base Block I 1. Place on firm, level subgrade to ensure uniform support. ' D. Installation of Hydrants 1. Locate hydrants to provide accessibility and to minimize potential damage I from vehicles. a. Relocate improperly set hydrants. I b. Hydrant Located behind Curbs: Set barrel so pumper nozzle or hose nozzle caps are a minimum of 18 inches from gutter face of curb. I c. Hydrant Located in Space between Curb and Sidewalk: Not less than 8 inches, clear from sidewalks. d. Hydrant Located between Sidewalk and Property Line: Minimum I clearance 8 inches from sidewalk. e. Set hydrants so safety flange is a minimum of 2 inches above finished ground or sidewalk level. 2. Place hydrant on base block carefully to prevent the base block from breaking. 3. Joints shall conform to Section 3.4 of AWWA C600 when cast or ductile I iron pipe is used. 4. Maintain hydrant in a plumb position during subsequent Work. 5. Hydrant valve not to exceed 4 feet from main line tee unless specifically approved by the Owner's representative. I Site Water Distribution I 02512-8 I I I E. Gravel for Drainage: I1. Place #57 stone around base block and hydrant bottom in accordance with Section 3.7 of AWWA C600. IF. Concrete Thrust Blocking 1. Place blocking after hydrant is set in final position and joined to pipe. I2. Concrete thrust block shall have a minimum of 4 square feet of bearing area against undisturbed earth. G. Ductile iron restrained joint type joint pipe 1. Install ductile iron restrained joint pipe between main line tee and fire Ihydrant. 3.7 SERVICE CONNECTIONS IA. Install water service in accordance with Augusta Utility Department Standards and Specifications. I B. Install water service to existing meter. Connect new service line to existing meter. Coordinate with Augusta Utilities Department Inspector. I3.8 DISINFECTION OF DOMESTIC WATER PIPING SYSTEM A. Flush and disinfect system in accordance with Section 02516. IEND OF SECTION I I I I I I 1 Site Water Distribution 02512-9 I I I I THIS PAGE INTENTIONALLY LEFT BLANK I I I I I I I Site Water Distribution I 02512-10 SECTION 02516 DISINFECTION OF WATER DISTRIBUTION PART 1 GENERAL 1.1 SUMMARY A. Section includes disinfection of potable water distribution system; and testing and reporting results. B. Related Sections: 1. Section 02512 -Site Water Distribution Product and Execution requirements for installation, testing, of site domestic water distribution piping. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT I A. Disinfection: 1. Basis of Measurement: No separate measurement. 2. Basis of Payment: No separate payment. I1.3 REFERENCES A. Augusta Utility Department Standards and Specifications, August 2006, including IJuly 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. B. The following is a list of standards which may be referenced in this section: 1. 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. 2. 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. 1.4 SUBMITTALS ' A. Informational Submittals: I 1. Plan describing and illustrating conformance to appropriate AWWA standards and this Specification 2. Procedure and plan for cleaning system. 3. Procedures and plans for disinfection and testing. I4. Proposed locations within system where Samples will be taken. Disinfection of Water Distribution 02516-1 1 5. Type of disinfecting solution and method of preparation. 6. Certification that employees working with concentrated chlorine solutions have received appropriate safety training. I 7. Method of disposal for highly chlorinated disinfecting water. B. Test Reports: Indicate results comparative to specified requirements. 1.5 QUALITY ASSURANCE I A. Perform Work in accordance with Augusta Utility Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. 1.6 QUALIFICATIONS I A. Company experienced in disinfecting potable water systems specified in this section with minimum three years experience. I PART 2 PRODUCTS 2.1 WATER FOR DISINFECTION AND TESTING A. Clean, uncontaminated, and potable. I B. Owner will supply potable quality water. Contractor shall convey in disinfected pipelines or containers. I 2.2 CONTRACTOR'S EQUIPMENT A. Furnish chemicals and equipment, such as pumps and hoses, to accomplish I 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. 2.3 DISINFECTANT I A. The following disinfectant product(s) shall not be used: chlorine gas. I PART 3 EXECUTION 3.1 GENERAL I 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: I I Disinfection of Water Distribution 02516-2 I 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. ID. 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. E. Owner will supply sufficient potable water and testing for the Contractor to I 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. I3.2 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, I 3. structures, and equipment. Disinfection of: a. Pumps and associated system piping. b. Treatment plant basins and processes used to supply water to system. ' 3.3 PIPING AND PIPELINES A. Cleaning: 1. Before disinfecting, clean all foreign matter from pipe in accordance with I 2. AWWA C651. If the continuous feed method or the slug method of disinfection, as described in AWWA C651 are used, flush pipelines with potable water I 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. i Disinfection of Water Distribution 02516-3 11 3.4 DISPOSAL OF HEAVILY CHLORINATED WATER 1 A. Do not allow flow into a waterway without neutralizing disinfectant residual. 1 B. See the appendix of AWWA C651 or C652 as applicable for acceptable neutralization methods. I 3.5 TESTING A. Collection of Samples: I 1. Coordinate activities to allow Samples to be taken in accordance with this Specification. 2. Provide valves at sampling points. I 3. Provide access to sampling points. 4. The Owner's laboratory will obtain the Samples. B. Test Equipment: I 1. The Owner's laboratory will provide the testing equipment. C. Chlorine Concentration Sampling and Analysis: I 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. 2. Residual Free Chlorine Samples: 2 Samples per segment tested. 3. Dechlorinated Disinfecting Wastewater Residual Samples: as necessary. 4. Sampling Locations: as determined by the Owner/Engineer. I 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 I analyzed for conformance to bacterial limitations for public drinking water supplies. 1. Samples shall be collected in accordance with applicable AWWA Standard. I 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. II 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, I 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. I Disinfection of Water Distribution 02516-4 I I E. If minimum Samples required above are bacterially positive, disinfecting procedures and bacteriological testing shall be repeated until bacterial limits are I met. END OF SECTION I I I I I I I I I I I I I I Disinfection of Water Distribution 02516-5 I I I I I THIS PAGE INTENTIONALLY LEFT BLANK I I I I Disinfection of Water Distribution 02516-6 I i I SECTION 02740 FLEXIBLE PAVEMENT STRUCTURES PART 1 GENERAL ' 1.1 SUMMARY ' A Section includes asphaltic concrete paving for roadway patches and asphalt driveways. ' B Related Sections: 1. Section 02760— Flowable Fill Material 1.2 UNIT PRICE— MEASUREMENT AND PAYMENT ' A. Utility Road Cut Patch (Concrete 8" thick, 7' wide and 12.5mm Asphalt Patch 2" thick) including placement of bituminous tack coat, AUD Item P-2. ' B. Asphalt Overlay (9.5mm Asphalt, 1" thick), including placement of bituminous tack coat, AUD Item P-1 ' 1.3 REFERENCES A August Engineering Department Utility Road Cut Detail ' B Georgia Department of Transportation Standard Specifications—Construction of Roads and Bridges. ' C. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. 1.4 SUBMITTALS Product Data: Submit product information and mix design. ' 1.5 QUALITY ASSURANCE A. Perform Work in accordance with Georgia Department of Transportation standards. ' B. Mixing Plant: Conform to Georgia Department of Transportation standards. C. Obtain materials from same source throughout. ' D. Maintain one copy of each document on site. E. Work must be coordinated in advance with City of Augusta, Georgia Engineering ' Department. Flexible Pavement Structures 02740-1 I I PART 2 PRODUCTS 2.1 MATERIALS A. Asphalt Cement: In accordance with Georgia Department of Transportation j Standard Specifications Sections400— Hot Mix Asphaltic Concrete Construction, or Section 402 — Hot Mix Recycled Asphaltic Concrete, Section 820.01 —Asphalt Cement, and associated sections. ' B. Aggregate for Wearing Course Mix: In accordance with Georgia Department of Transportation Standard Specifications Sections 802.02 and 802.03. C. Fine Aggregate: In accordance with Georgia Department of Transportation Standard Specifications Sections 802.01 and 802.03. D. Mineral Filler: In accordance with Georgia Department of Transportation Standard Specifications Sections 883.01. E. Bituminous Prime Coat(as necessary): In accordance with Georgia Department ' of Transportation Standard Specifications Section 412— Bituminous Prime Coat. F. Bituminous Tack Coat: In accordance with Georgia Department of ' Transportation Standard Specifications Section 413— Bituminous Tack Coat. 2.2 ASPHALT PAVING MIX ' A Use dry material to avoid foaming. Mix uniformly. B. Patch Course: 12.5mm superpave asphalt— in accordance with Georgia 111 Department of Transportation Standard Specifications Section 400/402. C. Overlay Course: 9.5mm superpave asphalt— in accordance with Georgia I Department of Transportation Standard Specifications Section 400/402. 2.3 SOURCE QUALITY CONTROL AND TESTS ' A. Submit proposed mix design of each class of mix for review prior to beginning of Work. I B. All asphalt compaction testing will be as per Georgia Department of Transportation Methods GDT 39 or GDT59. ' C. Frequency of Compaction Tests: Two (2)tests per cut/patch, at locations directed by Augusta Utilities Department representative. Provide compaction reports to Engineer. PART 3 EXECUTION Flexible Pavement Structures 02740-2 I 3.1 EXAMINATION IA. Verify gradients and elevations of base are correct. 3.2 PREPARATION —TACK COAT IA. Apply tack coat in accordance with Georgia Department of Transportation Standard, Section 413. IB. Application rate of tack coat: 0.05 gal/sy. I3.3 PLACING ASPHALT PAVEMENT A. Install Work in accordance with Georgia Department of Transportation standards. IB. Place to compacted thickness identified in construction plans. I C. Compact pavement by rolling to 97% of theoretical maximum density. Do not displace or extrude pavement from position. Hand compact in areas inaccessible to rolling equipment. ID. Perform rolling with consecutive passes to achieve even and smooth finish without roller marks. I • E. Assure smooth transition from new pavement surface to existing pavement surface. I3.4 TOLERANCES A. All tolerances to conform to Georgia Department of Transportation Standard ISpecifications Section 400 and associated sections. 3.5 PROTECTION OF FINISHED WORK I A. Immediately after placement, protect pavement from mechanical injury for 24 hours or until surface temperature is less than 140 degrees F. I3.6 SCHEDULES A. Utility Road Cut Patch (Patch Course, 12.5mm): Install 2"thick per Augusta IEngineering Department Utility Road Cut Detail shown in the project plans. B. Asphalt Overlay (Surface Course, 9.5mm): Install 1" thick per Augusta Engineering Department Utility Road Cut Detail shown in the project plans. IEND OF SECTION Flexible Pavement Structures 02740-3 1 I I I I THIS PAGE INTENTIONALLY LEFT BLANK I I I I I I I I I I Flexible Pavement Structures I 02740-4 i I I SECTION 02750 CONCRETE CONSTRUCTION ' PART 1 GENERAL 1.1 SUMMARY ' A. Section includes concrete sidewalks, driveways, curb &gutter, and concrete ditch paving. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Concrete Construction, AUD Item LS-1. ' 1. 2. Basis of Measurement: included in Lump Sum Construction. Basis of Payment: Shall include replacement of concrete installations disturbed by construction. 1.3 REFERENCES A. ACI 304 (American Concrete Institute) - Recommended Practice for Measuring, ' Mixing, Transporting and Placing Concrete. B. ASTM C33 - Concrete Aggregates. ' C. ASTM C94 - Ready Mix Concrete. D. ASTM C150 - Portland Cement ' E. ASTM C260 -Air-Entraining Admixtures for Concrete. F. ASTM C309 - Liquid Membrane-Forming Compounds for Curing Concrete. G. ASTM C494 - Chemical Admixtures for Concrete. H. ASTM D1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction. I. ASTM D1752 - Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction. J. Georgia Department of Transportation Standard Specifications for Construction ' of Roads and Bridges. K. Augusta Utility Department Standards and Specifications, August 2006, including ' July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. 1.4 QUALITY ASSURANCE ' A. Perform Work in accordance with Georgia Department of Transportation Standard Specifications Section 441 and 500 and as specified on drawings. Concrete Construction 02750-1 I I PART 2 PRODUCTS 2.1 FORM MATERIALS I A. Form Materials: As specified in Georgia Department of Transportation Standard Specifications, Section 500. I 2.2 CONCRETE MATERIALS A. Concrete driveways shall be constructed as indicated on plans with materials in I accordance with Section 500 of the Georgia Department of Transportation Standard Specifications. 2.3 CONCRETE MIX A. Georgia Department of Transportation Class 'A' Concrete: 3000 psi compressive I strength at 28 days. B. High early strength concrete may be used, if mix design is approved in advance by Owner or Engineer. C. Curb and Gutter: Georgia Department of Transportation Class 'B' Concrete minimum. I PART 3 EXECUTION I 3.1 EXAMINATION A. Verify compacted subgrade is acceptable and ready to support paving and I imposed loads. B. Verify gradients and elevations of base are correct. I 3.2 PREPARATION A. Moisten base to minimize absorption of water from fresh concrete. I 3.3 FORMING A. Forms shall be assembled, placed and maintained as per Georgia Department of I Transportation Standard Specifications, Sections 441 and 500. 3.4 PLACING CONCRETE I A. Mix and deliver concrete in accordance with Georgia Department of Transportation Standard Specifications, Sections 441 & 500. I B. Place concrete in accordance with Georgia Department of Transportation Standard Specifications, Sections 441 and 500. I Concrete Construction 111 02750-2 I I 3.5 JOINTS IA. Place joints in accordance with Georgia Department of Transportation Standard Specifications, Section 441 and 500. I3.6 FINISHING A. Concrete shall be finished in accordance with Georgia Department of Transportation Standard Specifications, Sections 441 and 500. 3.7 PROTECTION A. Immediately after placement, protect pavement from premature drying, excessive hot or cold temperatures, and mechanical injury. I B. Do not permit pedestrian or vehicular traffic over pavement for 7 days minimum after finishing, unless high early strength concrete is used. I C. Protective measures for high early strength concrete sections will be coordinated with Contractor on a case by case basis. END OF SECTION I I I I I I I I I Concrete Construction 02750-3 I I I I I I I I THIS PAGE INTENTIONALLY LEFT BLANK I I I I I I I I I Concrete Construction I 02750-4 I I 1 SECTION 02732 SANITARY SEWER AND MANHOLE TESTING PART 1 GENERAL ' 1.1 SUMMARY A. Section Includes: I1. Gravity Sewer Testing: a. Low-pressure Air Test. b. Exfiltration Test. 1 c. Infiltration Test. 2. Deflection Testing of Plastic Piping. 3. Manhole Testing: a. Vacuum Test. b. Exfiltration Test. B. Related Sections: 1 1. Section 02731 —Sanitary Manholes. 2. Section 02730 -Sanitary Sewer Piping. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Testing of Sanitary Sewer Pipelines and Manholes: 1. Work of this Section will not be measured for payment but is included in the unit cost of other work. 1.3 REFERENCES ' A. ASTM International: 1. ASTM C828 - Standard Test Method for Low-Pressure Air Test of Vitrified Clay Pipe Lines. ' 2. ASTM C924 - Standard Practice for Testing Concrete Pipe Sewer Lines by Low-Pressure Air Test Method. 3. ASTM C1244 - Standard Test Method for Concrete Sewer Manholes by the ' Negative Air Pressure(Vacuum)Test Prior to Backfill. 4. ASTM D2122 - Standard Test Method for Determining Dimensions of Thermoplastic Pipe and Fittings. 1.4 SUBMITTALS A. Section 01330- Submittal Procedures: Requirements for submittals. IB. Submit the following prior to start of testing: 1. Testing procedures. 2. List of test equipment. Sanitary Sewer and Manhole Testing 02732-1 I I 3. Testing sequence schedule. I 4. Provisions for disposal of flushing and test water. 5. Certification of test gauge calibration. 6. Deflection mandrel drawings and calculations. I C. Test Reports: Indicate results of manhole and piping tests. - Used PART 2 PRODUCTS Not PART 3 EXECUTION I 3.1 EXAMINATION A. Verify that manholes and piping are ready for testing. B. Verify trenches are backfilled. I C. Verify pressure piping concrete reaction support blocking or mechanical restraint system is installed. I 3.2 PIPING PREPARATION A. Flush and clean piping. 1 B. Assist Engineer in lamping gravity piping. 1. Engineer will perform lamping operation by shining light at one end of each pipe I section between manholes; observe light at other end; reject pipe not installed with uniform line andg rade 2. Remove and reinstall rejected pipe sections; re-clean and assist engineer with re- lamping e- I tamping. C. Plug outlets, wye-branches, and laterals; brace plugs to resist test pressures. 3.3 FIELD QUALITY CONTROL I A. Notify Engineer 72 hours in advance of tests and have witness tests. I 3.4 TESTING GRAVITY SEWER PIPING A. Low-pressure Air Test: 1. Perform test in accordance with applicable portions of ASTM 828 and ASTM 924. 2. Test each section of gravity sewer piping between manholes. 3. Introduce air pressure slowly to approximately 4 psig. 4. Determine groundwater elevation above spring line of pipe. For every foot of groundwater above spring line of pipe, increase starting air test pressure by 0.43 psig; do not increase pressure above 10 psig. Sanitary Sewer and Manhole Testing 02732-2 1 5. Allow pressure to stabilize for at least five minutes. Adjust pressure to 4 psig or Iincreased test pressure as determined above when groundwater is present. Start test. 6. Determine test duration for sewer section with single pipe size from the following Itable. Do not make allowance for laterals. I Nominal Pipe Size Minimum Test Length for Min. Time for Time Time (ft) Longer Length (inches) (min:sec) (sec) 4 1:53 597 .190L I 6 2:50 398 .427E 8 3:47 298 .760L 10 4:43 239 1.187L I 12 5:40 199 1.709E 15 7:05 159 2.671L 18 8:30 133 3.846L I 21 9:55 114 5.235E 24 11:20 99 6.837L 27 12:45 88 8.653L I 30 14:10 80 10.683E 33 15:35 72 12.926L 36 17:00 66 15.384L I7. Record drop in pressure during test period; when air pressure has dropped more than 0.5 psig during test period, piping has failed; when 0.5 psig air pressure drop has not occurred during test period, discontinue test and piping is accepted. I 8. When piping fails, determine source of air leakage, make corrections and retest; test section in incremental stages until leaks are isolated; after leaks are repaired, retest Ientire section between manholes. B. Exfiltration Test: Test pipe larger than 36 inch diameter with exfiltration test not exceeding II. 100 gallons for each inch of pipe diameter for each mile per day for each section under test. Perform test with minimum positive head of 2 feet. I C. Infiltration Test: 1. Use only when gravity piping is submerged in groundwater minimum of 4 feet above crown of pipe for entire length being tested. 2. Maximum Allowable Infiltration: 100 gallons per inch of pipe diameter for each mile Iper day for section under test; include allowances for leakage from manholes. 3.5 DEFLECTION TESTING OF PLASTIC PIPING IA. Perform vertical ring deflection testing on PVC and ABS sewer piping after backfilling has been in place for at least 30 days but not longer than 12 months. I Sanitary Sewer and Manhole Testing I02732-3 B. Allowable maximum deflection for installed plastic sewer pipe is limited to 5 percent of original vertical internal diameter. I C. Furnish rigid ball or mandrel with diameter not less than 95 percent of base or average inside diameter of pipe as determined by ASTM standard to which pipe is manufactured. I Measure pipe in compliance with ASTM D2122. D. Perform deflection testing using properly sized rigid ball or'Go, No-Go' mandrel. E. Perform test without mechanical pulling devices. I F. Locate, excavate, replace, and retest pipe exceeding allowable deflection. I 3.6 TESTING MANHOLES A. General: Test using air whenever possible prior to backfilling to assist in locating leaks. I Make joint repairs on both outside and inside of joint to ensure permanent seal. Test manholes with manhole frame set in place. B. Vacuum test in accordance with ASTM C1244 and as follows: I 1. Plug pipe openings; securely brace plugs and pipe. 2. Inflate compression band to affect seal between vacuum base and structure; I connect vacuum pump to outlet port with valve open; draw vacuum to 10 inches of Hg; close valve; start test. 3. Determine test duration for manhole from the following table: I Manhole Diameter Test Period 4 feet 60 seconds I 5 feet 75 seconds 6 feet 90 seconds 4. Record vacuum drop during test period; when vacuum drop is greater than 1 inch of I Hg during test period, repair and retest manhole; when vacuum drop of 1 inch of Hg does not occur during test period, discontinue test and accept manhole. 5. When vacuum test fails to meet 1 inch Hg drop in specified time after repair, repair I and retest manhole. C. Exfiltration Test: I 1. Plug pipes in manhole; remove water in manhole; observe plugs over period of not less than 2 hours to ensure there is no leakage into manhole. 2. Determine groundwater level outside manhole. 3. Fill manhole with water to within 4 inches of top of cover frame. Prior to test, allow I manhole to soak from minimum of 4 hours to maximum of 72 hours; after soak period, adjust water level inside manhole to within 4 inches of top of cover frame. 4. Measure water level from top of manhole frame; at end of 4 hour test period, again I measure water level from top of manhole frame; compute drop in water level during test period. 111 Sanitary Sewer and Manhole Testing 02732-4 I I I I I 5. Manhole exfiltration test is considered satisfactory when drop in water level is less than values listed in table below: U Allowable Leakage (Inches for Manhole Manhole Diameter) Depth (feet) 4 feet 5 feet 6 feet 4 0.11 0.14 0.17 6 0.17 0.21 0.26 8 0.23 0.29 0.35 I 10 0.28 0.35 0.43 0.42 12 0.34 0.51 14 0.40 0.50 0.60 I 16 0.45 0.56 0.68 18 0.51 0.64 0.77 20 0.57 0.71 0.86 I 22 0.62 0.78 0.85 0.93 24 0.68 1.02 26 0.74 0.93 1.11 I 28 0.79 0.99 1.19 30 0.85 1.06 1.28 6. When unsatisfactory test results are achieved, repair manhole and retest until result Imeets criteria; repair visible leaks regardless of quantity of leakage. 1 END OF SECTION I I I I I I Sanitary Sewer and Manhole Testing 02732-5 I I I I I I I I I 1 THIS PAGE INTENTIONALLY LEFT BLANK I I I I I I I I Sanitary Sewer and Manhole Testing 02732-6 I I 1 SECTION 02760 IFLOWABLE FILL MATERIAL PART 1 GENERAL I1.1 SUMMARY A. Section includes the basic requirements for furnishing and placing flowable fill I (controlled low strength material). B. Related Sections: I 1. Section 02740— Flexible Pavement Structures 2. Section 02750—Concrete Construction. 1.2 REFERENCES ' A. Georgia Department of Transportation Standard Specifications for the Construction of Transportation Systems, 2001 Editions. IB. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. I1.3 UNIT PRICE — MEASUREMENT AND PAYMENT, AUD Item M-1: 1. Basis of Measurement: Per cubic yard. I 2. Basis of Payment: Shall include costs for all materials, labor, equipment, and excess materials. To be used for utility conflicts and to be approved by Augusta Utility Department representatives prior to installation. I2 PRODUCTS I2.1 MATERIALS A. All materials used in the production of flowable fill shall be in compliance with IGeorgia Department of Transportation Standard Specifications. B. Flowable fill to be an excavatable mix design per Georgia Department of Transportation Section 600. PART 3 EXECUTION I3.1 EXAMINATION A. Verify utility lines are installed to correct line and grade. Assure subgrade is properly compacted. Flowable Fill Material 02760-1 I 1 I 3.2 PLACING CONCRETE A. Place flowable fill only as directed by Owner or Engineer. B. Discharge flowable fill directly from the truck into the area to be filled. 3.3 FINISHING ' A. Finish with a square shovel. 3.4 PROTECTION A. Material will self-consolidate. Flowable fill displaces any extra water not needed for maximum density. Make any provisions necessary for this "bleed water" to run-off and away from the surface of hardened fill. B. Do not subject flowable fill to freezing conditions within 30-hours of placement. ' END OF SECTION U U 1 1 I Flowable Fill Material 02760-2 I I SECTION 02730 SANITARY SEWER PIPING PART 1 GENERAL ' 1.1 SUMMARY A. Section Includes: 1. Sanitary sewer pipe and fittings. ' 2. Underground pipe markers. 3. Connection to existing manholes. 4. Wye branches and tees. ' 5. Sanitary Laterals. B. Related Sections: Section 02324-Trenching: Excavation, bedding and backfill requirements for II. trenching required by this section. 2. Section 02732 —Sanitary Sewer and Manhole Testing.: Pressure, infiltration, and deflection tests. 3. Section 02731 —Sanitary Manholes: Concrete manholes, frames and lids for sanitary sewer. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Sanitary Sewer Pipe, AUD Item S-1: II. Basis of Measurement: By the linear foot for various pipe sizes, materials and depth of bury. 2. Basis of Payment: Includes excavation, bedding, pipe, fittings, and backfill. 1.3 REFERENCES A. ASTM International: II. ASTM C12 - Standard Practice for Installing Vitrified Clay Pipe Lines. 2. ASTM A74 - Standard Specification for Cast Iron Soil Pipe and Fittings. 3. ASTM A746 - Standard Specification for Ductile Iron Gravity Sewer Pipe. 4. ASTM C76 - Standard Specification for Reinforced Concrete Culvert, Storm Drain, ' and Sewer Pipe. 5. ASTM C425 -Standard Specification for Compression Joints for Vitrified Clay Pipe and Fittings. ' 6. ASTM C443 -Standard Specification for Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets. 7. ASTM C564 -Standard Specification for Rubber Gaskets for Cast Iron Soil Pipe and Fittings. 8. ASTM C700 -Standard Specification for Vitrified Clay Pipe, Extra Strength, Standard Strength, and Perforated. 9. ASTM C828-Standard Test Method for Low-Pressure Air Test of Vitrified Clay Pipe Lines. Sanitary Sewer Piping ' 02730-1 I I I 10. ASTM C923 - Standard Specification for Resilient Connectors between Reinforced Concrete Manhole Structures, Pipes and Laterals. I 11. ASTM C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 12. ASTM D2235 - Standard Specification for Solvent Cement for Acrylonitrile- I Butadiene-Styrene (ABS) Plastic Pipe and Fittings. 13. ASTM D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications. I 14. ASTM D2564 - Standard Specification for Solvent Cements for Poly(Vinyl Chloride) (PVC) Plastic Piping Systems. 15. ASTM D2729 - Standard Specification for Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings. I 16. ASTM D2751 - Standard Specification for Acrylonitrile-Butadiene-Styrene (ABS) Sewer Pipe and Fittings. 17. ASTM D2855 -Standard Practice for Making Solvent-Cemented Joints with Poly I (Vinyl Chloride) (PVC) Pipe and Fittings. 18. ASTM D3034 - Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings. I 19. ASTM F477 - Standard Specification for Elastomeric Seals (Gaskets)for Joining Plastic Pipe. B. American Water Works Association: I 1. AWWA C110-American National Standard for Ductile-Iron and Grey-Iron Fittings, 3 in. Through 48 in. (75 mm through 1200 mm), for Water and Other Liquids. 2. AWWA C111 -American National Standard for Rubber-Gasket Joints for Ductile- ' Iron Pressure Pipe and Fittings. 3. AWWA C153 -American National Standard for Ductile-Iron Compact Fittings for Water Service. 4. AWWA C600- Installation of Ductile-Iron Water Mains and Their Appurtenances. C. GDOT Standard Specifications: 1. Standard Specifications Construction of Transportation Systems, 2013 Edition or I latest edition, published by the Georgia Department of Transportation. 1.4 SUBMITTALS I A. Section 01330 - Submittal Procedures: Requirements for submittals. B. Permits: Submit copies of construction permits obtained for this Work. I C. Product Data: Submit catalog cuts and other pertinent data indicating proposed materials, accessories, details, and construction information. D. Submit reports indicating field tests made and results obtained. E. Manufacturer's Installation Instructions: 1. Indicate special procedures required to install Products specified. 2. Submit detailed description of procedures for connecting new sewer to existing sewer line and directional drilling, or pipe jacking installation. Sanitary Sewer Piping I 02730-2 I i I F. Manufacturer's Certificate: Certify products meet or exceed specified requirements. 1.5 CLOSEOUT SUBMITTALS A. Section 01700 - Execution and Closeout Requirements: Requirements for submittals. B. Project Record Documents: Record location of pipe runs, connections, manholes, cleanouts, and invert elevations. C. Identify and describe unexpected variations to subsoil conditions or discovery of uncharted utilities. 1.6 QUALITY ASSURANCE A. Perform Work in accordance with Sections 841 and 846 of GDOT Standard Specifications. B. Maintain one copy of document on site. 1.7 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing Products specified in this section with minimum three years documented experience. B. Installer: Company specializing in performing Work of this section with minimum 3 years documented experience. 1.8 DELIVERY, STORAGE, AND HANDLING A. Deliver and store valves in shipping containers with labeling in place. B. Block individual and stockpiled pipe lengths to prevent moving. C. Do not place pipe or pipe materials on private property or in areas obstructing pedestrian or vehicle traffic. D. Do not place pipe flat on ground. Cradle to prevent point stress. E. Store UV sensitive materials out of direct sunlight. 1.9 FIELD MEASUREMENTS A. Verify field measurements and elevations are as indicated. 1.10 COORDINATION A. Section 01300 -Administrative Requirements: Requirements for coordination. B. Coordinate Work with Augusta Utilities Department. Convene pre-installation meeting minimum of one week prior to starting Work of this Section. Sanitary Sewer Piping 02730-3 I I C. Notify affected utility companies minimum of 72 hours prior to construction. I PART 2PRODUCTS I 2.1 SANITARY SEWER PIPE AND FITTINGS A. PVCFlexible Joint Plastic Pipe: ASTM D3034, Type PSM, Poly(Vinyl Chloride) (PVC) I material; bell and spigot style rubber ring sealed gasket joint. 1. Pipe Class: C905 DR 35 2. Fittings: PVC conforming to pipe specifications. I 3. Joints: ASTM F477, elastomeric gaskets. B. Ductile Iron Gravity Sewer Pipe: ASTM A746, bell and spigot ends. I 1. Pipe Class: Pressure Class 350, AWWA C150 & C151. 2. Fittings: Ductile iron, AWWA C110. Compact fittings, AWWA C153. 3. Joints: Rubber gaskets per AWWA C111. 4. Lining: Protecto 401Tm by Vulcan Painters for all ductile iron pipe, joints, and I fittings in accordance with specifications provided by Protecto 401 2.2 FLEXIBLE PIPE BOOT FOR MANHOLE PIPE ENTRANCES I A. Furnish materials in accordance with authority having jurisdiction. B. Flexible Pipe Boot: ASTM C923, ethylene propylene rubber(EPDM), Series 300 I stainless steel clamp and stainless steel hardware. 2.3 UNDERGROUND PIPE MARKERS I A. Plastic Ribbon Tape: Detectable brightly colored green continuously printed with "SANITARY SEWER" in large letters, minimum 6 inches wide by 4 mils thick. I 2.4 MANHOLES A. Manholes: As specified in Section 02731 —Sanitary Manholes and indicated on Drawings; cover inscribed with "SANITARY SEWER". 2.5 CONCRETE AND GROUT A. Concrete: Class AA-1 Concrete conforming to Section 500 of the GDOT Standard Specifications. 1. Compressive strength of 3,000 psi at 28 days. 2. Air entrained and vibrated. 3. Water cement ratio of 0.44. 4. Slump Lower Limits 2 inches. Upper Limits of 4 inches. 5. Minimum cement content of 675 pounds per cubic yard. B. Grout: Non-shrink, non-metallic in accordance with Section 834 of GDOT Standard Specifications with a compressive strength of at least 5,000 psi at 3 days. Sanitary Sewer Piping 02730-4 i 2.6 BEDDING AND COVER MATERIALS A. General: Conform to Section 02324 -Trenching for bedding and backfill around and on top of pipe. B. Bedding for Rigid Pipe (CIP, DIP, VCP, and RCP): Clean sand, slightly silty sand, or slightly clayey sand having a Unified Soil Classification of SP, SP-SM or SP-SC. C. Bedding for Flexible Pipe (PVC, ABS): Clean course aggregate Gradation No. 57 conforming to Sections 800 of the GDOT Standard Specifications. PART 3 EXECUTION 3.1 EXAMINATION A. Section 01300 -Administrative Requirements: Verification of existing conditions before starting work. B. Verify existing sanitary sewer utility main size, location, and inverts are as indicated on Drawings. 3.2 EXCAVATION AND BEDDING A. Excavate pipe trench in accordance with Section 02324 -Trenching. B. Excavate to lines and grades shown on Drawings or required to accommodate installation of encasement. C. Dewater excavations to maintain dry conditions and preserve final grades at bottom of excavation. D. Provide sheeting and shoring in accordance with Section 02324-Trenching. E. Place bedding material at trench bottom, level continuous layer not exceeding 8-inch compacted depth; compact to 95 percent per Section 02324-Trenching. 3.3 INSTALLATION — PIPE A. Install in accordance with manufactures instructions and as indicated on Drawings. B. Install plastic pipe, fittings, and accessories in accordance with ASTM D2321. C. Install VCP, fittings, and accessories in accordance with ASTM C12. D. Install RCP, fittings, and accessories in accordance with ASTM C1479. E. Install CIP and DIP, fittings, and accessories in accordance with applicable portions of AWWA C600. Sanitary Sewer Piping 02730-5 I I F. Seal joints watertight. I G. Lay pipe to slope gradients indicated on Drawings with maximum variation from indicated slope of 1/8 inch in 10 feet. Begin at downstream end and progress upstream. I H. Ensure entire pipe is supported by bedding. I. Assemble and handle pipe in accordance with manufacturer's instructions except as modified on the Drawings or by Engineer. J. Keep pipe and fittings clean until work is completed and accepted by Engineer. Cap open ends during periods of work stoppage. K. Lay bell and spigot pipe with bells upstream. L. Connect pipe to existing sewer system as indicated on Drawings at existing manhole or using doghouse manhole connection per Section 02731 —Sanitary Manholes. M. Place haunching material, rod, and tamp per Section 02324—Trenching to eliminate I voids. N. Install underground marking tape continuously per standard detail. I 3.4 CONNECTION TO EXISTING MANHOLE A. Core drill existing manhole to make clean opening. Using pneumatic hammers, chipping I guns, and sledge hammers is not permitted. B. Install watertight neoprene gasket and seal with non-shrink concrete grout. I C. Prevent construction debris from entering existing sewer line when making connection. 3.5 MANHOLE INSTALLATION A. Install manholes in accordance with Section 02731 —Sanitary Manholes. 3.6 INSTALLATION - SANITARY LATERALS A. Construct laterals from wye branch to terminal point at right-of-way or as indicated on Drawings. B. Where depth of main pipeline warrants, construct riser type laterals from wye branch. C. Maintain 3-foot minimum depth of cover over pipe. D. Maintain minimum 5-foot separation distance between laterals. Sanitary Sewer Piping 02730-6 i i I E. Install watertight plug, braced to withstand pipeline test pressure thrust, at termination of lateral. Install temporary marker stake extending from end of lateral to 24 inches above finished grade. Paint top 6 inches of stake with fluorescent green paint. I3.7 BACKFILLING A. Backfill around sides and to top of pipe in accordance with Section 02324 -Trenching. IB. Maintain optimum moisture content of backfill material to attain required compaction density. I3.8 FIELD QUALITY CONTROL I A. Section 014000- Quality Requirements: Field inspecting, testing, adjusting, and balancing. B. Request inspection prior to and immediately after placing bedding. IC. Perform test on sanitary sewage system in accordance with Section 02732 —Sanitary Sewer and Manhole Testing and local code. Perform the following tests: I 1. Gravity Sewer Testing: a. Low pressure air test. b. Infiltration test. 2. Deflection Testing of Plastic Piping. I 3. Manhole Testing: Vacuum Test. 4. Notify Engineer and Owner 72 hours in advance of test and have witness test. ID. Compaction Testing: In accordance with Section 02732 -Trenching. E. When tests indicate Work does not meet specified requirements, remove work, replace, and retest. 3.9 PROTECTION OF FINISHED WORK A. Section 01700 - Execution and Closeout Requirements: Requirements for protecting finished Work. B. Protect pipe and aggregate cover from damage or displacement until backfilling operation is in progress. END OF SECTION Sanitary Sewer Piping 02730-7 i i i THIS PAGE INTENTIONALLY LEFT BLANK Sanitary Sewer Piping 02730-8 SECTION 02740 IFLEXIBLE PAVEMENT STRUCTURES I PART 1 GENERAL 1.1 SUMMARY I A Section includes asphaltic concrete paving for roadway patches and asphalt driveways. I B Related Sections: 1. Section 02760— Flowable Fill Material 1.2 UNIT PRICE— MEASUREMENT AND PAYMENT IA. Utility Road Cut Patch (Concrete 8" thick, 7' wide and 12.5mm Asphalt Patch 2" thick) including placement of bituminous tack coat, AUD Item P-2. B. Asphalt Overlay (9.5mm Asphalt, 1" thick), including placement of bituminous tack coat, AUD Item P-1 ' 1.3 REFERENCES A August Engineering Department Utility Road Cut Detail ' B Georgia Department of Transportation Standard Specifications— Construction of Roads and Bridges. ' C. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. ' 1.4 SUBMITTALS ' Product Data: Submit product information and mix design. 1.5 QUALITY ASSURANCE ' A. Perform Work in accordance with Georgia Department of Transportation standards. ' B. Mixing Plant: Conform to Georgia Department of Transportation standards. C. Obtain materials from same source throughout. ' D. Maintain one copy of each document on site. E. Work must be coordinated in advance with City of Augusta, Georgia Engineering t Department. Flexible Pavement Structures 02740-1 I I PART 2 PRODUCTS I 2.1 MATERIALS A. Asphalt Cement: In accordance with Georgia Department of Transportation I Standard Specifications Sections400— Hot Mix Asphaltic Concrete Construction, or Section 402 — Hot Mix Recycled Asphaltic Concrete, Section 820.01 —Asphalt Cement, and associated sections. I B. Aggregate for Wearing Course Mix: In accordance with Georgia Department of Transportation Standard Specifications Sections 802.02 and 802.03. I C. Fine Aggregate: In accordance with Georgia Department of Transportation Standard Specifications Sections 802.01 and 802.03. D. Mineral Filler: In accordance with Georgia Department of Transportation Standard Specifications Sections 883.01. E. Bituminous Prime Coat (as necessary): In accordance with Georgia Department I of Transportation Standard Specifications Section 412— Bituminous Prime Coat. F. Bituminous Tack Coat: In accordance with Georgia Department of I Transportation Standard Specifications Section 413—Bituminous Tack Coat. 2.2 ASPHALT PAVING MIX A Use dry material to avoid foaming. Mix uniformly. B. Patch Course: 12.5mm superpave asphalt— in accordance with Georgia I Department of Transportation Standard Specifications Section 400/402. C. Overlay Course: 9.5mm superpave asphalt— in accordance with Georgia I Department of Transportation Standard Specifications Section 400/402. 2.3 SOURCE QUALITY CONTROL AND TESTS I A. Submit proposed mix design of each class of mix for review prior to beginning of Work. I B. All asphalt compaction testing will be as per Georgia Department of Transportation Methods GDT 39 or GDT59. I C. Frequency of Compaction Tests: Two (2)tests per cut/patch, at locations directed by Augusta Utilities Department representative. Provide compaction t reports to Engineer. PART 3 EXECUTION Flexible Pavement Structures I 02740-2 I I 3.1 EXAMINATION IA. Verify gradients and elevations of base are correct. 3.2 PREPARATION—TACK COAT A. Apply tack coat in accordance with Georgia Department of Transportation Standard, Section 413. B. Application rate of tack coat: 0.05 gal/sy. 3.3 PLACING ASPHALT PAVEMENT A. Install Work in accordance with Georgia Department of Transportation standards. B. Place to compacted thickness identified in construction plans. C. Compact pavement by rolling to 97% of theoretical maximum density. Do not displace or extrude pavement from position. Hand compact in areas inaccessible to rolling equipment. D. Perform rolling with consecutive passes to achieve even and smooth finish without roller marks. E. Assure smooth transition from new pavement surface to existing pavement surface. 3.4 TOLERANCES A. All tolerances to conform to Georgia Department of Transportation Standard ' Specifications Section 400 and associated sections. 3.5 PROTECTION OF FINISHED WORK A. Immediately after placement, protect pavement from mechanical injury for 24 hours or until surface temperature is less than 140 degrees F. ' 3.6 SCHEDULES A. Utility Road Cut Patch (Patch Course, 12.5mm): Install 2"thick per Augusta ' Engineering Department Utility Road Cut Detail shown in the project plans. B. Asphalt Overlay (Surface Course, 9.5mm): Install 1"thick per Augusta Engineering Department Utility Road Cut Detail shown in the project plans. END OF SECTION Flexible Pavement Structures 02740-3 I I I 1 I I I I I THIS PAGE INTENTIONALLY LEFT BLANK I I I I I I I I Flexible Pavement Structures I 02740-4 I I SECTION 02731 SANITARY MANHOLES PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Precast reinforced concrete manholes and structures with tongue-and- groove joints with masonry transition to frames, lids, grates, anchorage, and accessories. 2. Masonry manhole and structure sections with masonry transition to frames, 3. lids, grates, anchorage, and accessories. Cast-in-place concrete manholes and structures with masonry transition to frames, lids, grates, covers, anchorage, and accessories. I 4. 5. Structure connections to existing public utility lines. Bedding and backfill materials. B. Related Sections: 1. Section 02324-Trenching: Excavating and backfilling for manholes, structures, and foundation slabs. 2. Section 02732—Sanitary Sewer and Manhole Testing. 3. Section 02730—Sanitary Sewer Piping: Connections to manholes. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Manholes, AUD Item S-6: 1. Basis of Measurement: By each for various structure types, sizes, materials and depth of bury. 2. Basis of Payment: Includes excavating, bedding, concrete foundation slab, concrete structure sections, brick or concrete masonry structure construction, brick masonry transition to frame, frame and cover, forming and sealing pipe inlets and outlets, backfilling, and testing. B. Manholes Additional Depth, AUD Item S-7: 1. Basis of Measurement: By vertical foot for various structure types, sizes, and materials. 2. Basis of Payment: Includes excavating, bedding, concrete foundation slab, concrete structure sections, brick or concrete masonry structure construction, brick masonry transition to frame, frame and cover, forming and sealing pipe inlets and outlets, backfilling, and testing. 1.3 REFERENCES A. American Concrete Institute: 1. ACI 530/530.1 - Building Code Requirements for Masonry Structures and Specifications for Masonry Structures. Sanitary Manholes 02731 -1 I I B. ASTM International: 1. ASTM A48 - Standard Specification for Gray Iron Castings. 2. ASTM C32 - Standard Specification for Sewer and Manhole Brick (Solid Masonry Units Made From Clay or Shale). 3. ASTM C39 - Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens. 4. ASTM C55 - Standard Specification for Concrete Brick. 5. ASTM C443 —Standard Specification for Joints for Circular Concrete Sewer I and Culvert Pipe, Using Rubber gaskets. 6. ASTM C478 - Standard Specification for Precast Reinforced Concrete Manhole Sections. 7. ASTM C497 - Standard Test Methods for Concrete Pipe, Manhole Sections, or Tile. 8. ASTM C857 - Standard Practice for Minimum Structural Design Loading for Underground Precast Concrete Utility Structures. 9. ASTM C890 - Standard Practice for Minimum Structural Design Loading for Monolithic or Section Precast Concrete Water and Wastewater Structures. 10. ASTM C891 - Standard Practice for Installation of Underground Precast Concrete Utility Structures. 11. ASTM C913 - Standard Specification for Precast Concrete Water and Wastewater Structures. 12. ASTM C923 - Standard Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Laterals. 13. ASTM C990 - Standard Specification for Joints for Concrete Pipe, Manholes, and Precast Box Sections Using Preformed Flexible Joint Sealants. I C. National Precast Concrete Association: 1. NPCA Quality Control Manual for Precast Plants. 2. NPCA Plant Certification Program. D. GDOT Standard Specifications: 1. Standard Specifications Construction of Transportation Systems, 2013 Edition or latest edition, published by the Georgia Department of Transportation. 1.4 SUBMITTALS I A. Section 01330 - Submittal Procedures: Requirements for submittals. I B. Shop Drawings: 1. Standard Fabrication: Indicate structure locations, elevations, sections, equipment support, piping sizes, and elevations of penetrations. 2. Custom Fabrication: Indicate design, construction and installation details, typical reinforcement and additional reinforcement at openings for each custom type, size and configuration. I C. Product Data: Submit manhole frames and lids, accessories, component construction, features, configuration, dimensions, and joint data. I Sanitary Manholes I 02731 -2 I D. Manufacturer's Certificate: Certify products meet or exceed specified requirements. E. Project Record Documents: Record actual locations of manholes and structures with rim and invert elevations. F. Identify and describe unexpected variations to subsoil conditions or discovery of uncharted utilities. 1.5 QUALITY ASSURANCE A. Obtain precast concrete utility structures from single source. B. Perform Work in accordance with Sections 500, 668, 834, 853 and 866 of GDOT Standard Specifications. C. Maintain one copy of document on site. 1.6 QUALIFICATIONS A. Manufacturer: Certified by NPCA Plant Certification Program prior to and during Work of this section. B. Installer: Company specializing in performing work of this Section with minimum five years experience. C. Design custom utility structures under direct supervision of Professional Engineer experienced in design of this Work and licensed in State of Project location. 1.7 DELIVERY, STORAGE AND HANDLING A. Comply with precast concrete manufacturer's instructions and ASTM C913 for unloading, storing and moving precast manholes and drainage structures. B. Store precast concrete manholes and drainage structures to prevent damage to Owner's property or other public or private property. Repair property damaged from materials storage. C. Mark each precast structure by indentation or waterproof paint showing date of manufacture, manufacturer and identifying symbols, and numbers shown on Drawings to indicate its intended use. 1.8 ENVIRONMENTAL REQUIREMENTS A. Masonry Work: Maintain materials and surrounding air temperature to minimum 50 degrees F prior to, during, and 48 hours after completion of masonry work. B. Cold Weather Requirements: ACI 530/530.1. Sanitary Manholes 02731 -3 I I PART 2 PRODUCTS 2.1 PRECAST REINFORCED MANHOLES AND STRUCTURES A. Precast Manhole and Structure Sections: Reinforced precast concrete in accordance with ASTM C478. 1. Joints for Precast Manholes and Structures for Sanitary Utility Sewer Service: 0-ring rubber gaskets in accordance with ASTM C443. 2. Joints for Precast Manholes and Structures for Other Utility uses: Butyl rubber gaskets in accordance with ASTM C990. 2.2 MASONRY CONSTRUCTION A. Concrete Brick: ASTM C55, Grade S, Type II - Non-moisture controlled; except that the absorption of brick shall not exceed 10 lbs/cubic foot. B. Clay or Shale Brick: ASTM C32, Grade SW, solid units. C. Mortar: Conform to Section 608, 830 and 834 of GDOT Standard Specifications. Do not I add more water than is necessary to make a workable mixture. D. Grout: Non-shrink, non-metallic in accordance with Section 834 of GDOT Standard Specifications with a compressive strength of at least 5,000 psi at 3 days. 2.3 CAST-IN-PLACE CONCRETE I A. Concrete: Class AA-1 Concrete conforming to Section 500 of the GDOT Standard Specifications. I 1. Compressive strength of 3,000 psi at 28 days. 2. Air entrained and vibrated. 3. Water cement ratio of 0.44. I 4. Slump Lower Limits 2 inches. Upper Limits of 4 inches. 5. Minimum cement content of 675 pounds per cubic yard. 2.4 FRAMES AND COVERS I A. Manufacturers: 1. Barry Pattern and Foundry Co., Inc. I 2. East Jordan Iron Works. 3. McKinley Iron Works. 4. Neenah Foundry Co. 5. Substitutions: Equal per 002113 - Instructions to Bidders.. I B. Product Description: Grey cast iron ASTM A48, Class 30B; size and shape as indicated on Drawings. Live load rating of HS 20 in paved areas. C. Cover shall be stamped "SANITARY SEWER" as applicable. D. Watertight manhole covers shall be used in areas prone to flooding. Locked manhole covers shall be used in isolated areas or areas prone to vandalism. Sanitary Manholes 02731 -4 I I I2.5 CONFIGURATION A. Provide size and shape as indicated on Drawings. I B. Foundation Slab: Cast-in-place or precast reinforced concrete integral with bottom section, level top surface. I2.6 ACCESSORIES A. Steps: Conform to local agency requirements, minimum 12 inches wide spaced I vertically 16 inches on center. B. Strap Anchors: Stainless steel capable of supporting pipe or accessories indicated on Drawings, minimum 1 inch wide x 1/8 inch thick. IC. Geotextile Filter Fabric: Type 1 Engineering fabric in accordance with GDOT Standard Specifications; non-woven, needle punched, non-biodegradable, and rot-proof. I2.7 BEDDING AND BACKFILL MATERIALS A. Bedding: Clean course aggregate Gradation No. 57 conforming to Section 800 of the IGDOT Standard Specifications. B. Backfill around Structures: As specified in Section 312316.13 -Trenching. I PART 3 EXECUTION I3.1 EXAMINATION A. Verify items provided by other Sections of Work are properly sized and located. IB. Verify built-in items are in proper location and ready for roughing into Work. IC. Verify correct size of manhole and structure excavation. 3.2 PREPARATION IA. Coordinate placement of inlet and outlet pipe or duct sleeves required by other Sections. B. Do not install manholes and structures where site conditions induce loads exceeding I structural capacity of manholes or structures. C. Inspect precast concrete manholes and structures immediately prior to placement in I excavation to verify manholes and structures are internally clean and free from damage. Remove and replace damaged units. 3.3 INSTALLATION —GENERAL IA. Excavation and Backfill: I Sanitary Manholes 02731 -5 1. Excavate and backfill for manholes and structures in accordance with Section 02324 -Trenching in location and to depth shown. Provide clearance around sidewalls of manhole or structure for construction operations, backfill, and placement of geotextile filter fabric if required. 2. When groundwater is encountered, prevent accumulation of water in excavations. Place manholes or structures in dry trench. 3. Where possibility exists of watertight manhole or structure becoming buoyant in flooded excavation, anchor manhole or structure to avoid flotation. ' B. Place foundation slab, trowel top surface level. C. Place precast manhole sections plumb and level, trim to correct elevations, anchor to ' foundation slab. D. As Work progresses, install steps and other fabricated metal items. ' E. Install cast-in-place manholes and structures supported at proper grade and alignment as shown on Drawings. ' F. Cut pipe to connect to structure as indicated on Drawings. G. Grout base of shaft sections to achieve slope to exit piping. Trowel smooth. Contour to form continuous drainage channel as indicated on Drawings. H. Set cover frames and covers level without tipping, to correct elevations. ' 3.4 PRECAST CONCRETE MANHOLE AND STRUCTURE INSTALLATION A. Install underground precast utility structures in accordance with ASTM C891. ' B. Lift precast manholes and structures at lifting points designated by manufacturer. C. When lowering manholes and structures into excavations and joining pipe to units, take precautions to ensure interior of pipeline and manhole or structure remains clean. D. Set precast manholes and structures bearing firmly and fully on stone bedding, 8-inch , minimum thickness, compacted to 95 percent maximum density per Section 02324 - Trenching or on other support system shown on Drawings. E. Assemble multi-section manholes and structures by lowering each section into excavation. Install rubber gasket joints between precast sections in accordance with manufacturer's recommendations. Lower, set level, and firmly position base section before placing additional sections. F. Remove foreign materials from joint surfaces and verify sealing materials are placed properly. Maintain alignment between sections by using guide devices affixed to lower section. G. Joint sealing materials may be installed on site or at manufacturer's plant. ' Sanitary Manholes 02731 -6 1 IH. Verify manholes and structures installed satisfy required alignment and grade. I. Remove knockouts or cut structure to receive piping without creating openings larger than required to receive pipe. Fill annular space with non-shrink grout. 3.5 MASONRY MANHOLE AND STRUCTURE INSTALLATION I A. Maintain masonry courses to uniform dimension. Form vertical and horizontal joints of uniform thickness. B. Lay masonry units in running bond. Course one unit and one mortar joint to equal I8 inches. C. Form flush mortar joints. ID. Lay masonry units in full bed of mortar, with full head joints, uniformly jointed with other Work. IE. Install joint reinforcement 16 inches on center. F. Place joint reinforcement in first and second horizontal joints above base pad and below Icover frame opening. 3.6 CAST-IN-PLACE CONCRETE MANHOLE AND STRUCTURE INSTALLATION IA. Prepare crushed stone bedding or other support system shown on Drawings to receive foundation slab as specified for precast manholes and structures. ' B. Erect and brace forms against movement in accordance with Sections 441, 500 and 860 of GDOT Standard Specifications. ' C. Install reinforcing steel as indicated on Drawings and in accordance with Section 500 and 511 of GDOT Standard Specifications. I D. Place and cure concrete in accordance with Section 430 of GDOT Standard Specifications. 3.7 CONNECTION TO EXISTING SEWER WITH MANHOLE IA. Stake out location and burial depth of existing sewer line in area of proposed manhole or structure. ' B. Carefully excavate around existing sewer line to adequate depth for foundation slab installation. Protect existing pipe from damage. Cut out soft spots and replace with granular fill compacted to 95 percent maximum dry density per Section 312316.13- ' Trenching. C. Prepare crushed stone bedding or other support system shown on Drawings, to receive Ifoundation slab as specified for precast manholes and structures. I Sanitary Manholes 02731 -7 I 1 I D. Install manhole or structure around existing pipe in accordance with the appropriate I paragraphs specified herein. E. Block upstream flow at existing manhole or structure with expandable plug. F. If flow is excessive, pump flow around new manhole to existing downstream manhole. I G. Use hydraulic saw to cut existing pipe at manhole or structure entrance and exit and I along pipe length at a point halfway up the outside diameter on each side of the pipe. Bottom half of pipe shall remain as manhole flow channel. Saw cut to have a smooth finish with top half of pipe flush with interior of manhole or structure. H. Connection to existing pipes or structure may need to be performed during non-peak flow times, coordinate with Owner and Engineer. 3.8 SANITARY MANHOLE DROP CONNECTIONS I A. Construct drop connections into sanitary manholes in accordance with Drawings. 3.9 CASTINGS INSTALLATION A. Set frames using mortar and masonry as indicated on Drawings. Install radially laid I concrete brick with 1/4 inch thick vertical joints at inside perimeter. Lay concrete brick in full bed of mortar and completely fill joints. Where more than one course of concrete brick is required, stagger vertical joints. I B. Do not install more than 3 courses of brick or more than 12 inches of masonry. 3.10 FIELD QUALITY CONTROL I A. Perform soil compaction tests in accordance with Section 02324 -Trenching. B. Perform hydrostatic tests in accordance with Section 02732—Sanitary Sewer and Manhole Testing. 1. Notify Engineer 72 hours in advance of test and have witness test. I C. Test cast-in-place concrete in accordance with ASTM C39. D. Test concrete manhole and structure sections in accordance with ASTM C497. I E. Vertical Adjustment of Existing Manholes and Structures: 1. Where required, adjust top elevation of existing manholes and structures to I finished grades shown on Drawings. 2. Reset existing frames, grates and covers, carefully removed, cleaned of mortar fragments, to required elevation in accordance with requirements I specified for installation of castings. 3. Remove concrete without damaging existing vertical reinforcing bars when removal of existing concrete wall is required. Clean vertical bars of concrete and bend into new concrete top slab or splice to required vertical I reinforcement, as indicated on Drawings. Sanitary Manholes I 02731 -8 1 I I 4. Clean and apply sand-cement bonding compound on existing concrete surfaces to receive cast-in-place concrete. IEND OF SECTION I I I I I I I I I I I I I I Sanitary Manholes 02731 -9 I I I I I I I I I THIS PAGE INTENTIONALLY LEFT BLANK I I I Sanitary Manholes I 02731 -10 i SECTION 02733 TV INSPECTION OF SEWER PIPELINES IPART 1 GENERAL 1.1 SUMMARY IA. Section Includes: 1. Pipeline flushing and cleaning. 2. TV inspection of sewer pipelines. I3. Audio-video taping of pipeline interior. B. Related Sections: I 1. Section 02733 -Sewer and Manhole Testing. 2. Section 02730 - Sanitary Sewer Piping. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. TV Inspection of Sewer Pipelines: 1. Work of this Section will not be measured for payment but is included in the unit cost ' of other work. 1.3 REFERENCES ' A. Electronics Industries Association (EIA). ' 1.4 SUBMITTALS A. Section 01330 - Submittal Procedures: Requirements for submittals. ' B. Submit completed DVD's, identified by number, project name, street name, right-of-way property name, and manhole numbers. ' C. DVD's become property of Owner. D. Submit cleaning and television inspection logs for each section of sewer line to be rehabilitated and three copies of color video for work performed. Include the following as ' minimum information: stationing and location of lateral services, wyes or tees, clock references, pipe joints, infiltration/inflow defects, cracks, leaks, offset joints, and other information required to assess condition of sewer. ' E. Submit a specific, detailed description of proposed bypass pumping system to include written description of plan and addressing quantity, capacity, and location of pumping equipment. Submit spill plan to address any spills that might occur. ' 1.5 QUALITY ASSURANCE ' A. Perform Work in accordance with local agency having jurisdiction. CCN Inspection of Sanitary Sewer Piping 02733-1 B. Use cameras with video output capable of producing minimum of 600 lines of horizontal resolution at center; optimum imagery with minimum illumination; and meet requirements of EIA Standard Video Signal. 1.6 QUALIFICATIONS I A. Applicator: Company specializing in performing work of this Section with minimum three years documented experience. I PART 2 PRODUCTS 2.1 DVD A. Audio track containing simultaneously recorded narrative commentary and evaluations of operator describing in detail condition of pipeline interior. PART 3 EXECUTION I 3.1 PREPARATION A. Flush and clean pipeline interiors to remove sludge, dirt, sand, stone, grease, and other materials from pipe to ensure clear view of interior conditions. B. Intercept flushed debris at next downstream manhole by use of weir or screening device; ' remove and dispose of debris off site. C. Furnish materials, labor, equipment, power, and maintenance to implement a temporary ' bypass pumping system around work area for time required to complete TV inspection. 3.2 APPLICATION A. Closed-Circuit TV Camera System: 1. Utilize cameras specifically designed and constructed for closed-circuit sewer line inspection. Utilize camera equipment with pan and tilt capability to view each lateral connection at multiple angles. 2. Utilize camera capable of moving upstream and downstream; minimum 1,000 feet horizontal distance with one setup; direct reading cable position meter. ' 3.3 FIELD QUALITY CONTROL A. Pipeline Inspection: ' 1. Audio-video sections of sewer pipeline between manholes designated. 2. Identify and record locations of flat grades, dips, deflected joints, open joints, broken pipe, protrusions into pipeline, and points of infiltration. 3. Locate and record service connections. 4. Record locations of pipeline defects and connection horizontal distance, in feet, and direction from manholes. ' CCTV Inspection of Sanitary Sewer Piping 02733-2 5. Video with pipe section plugged as to view 100 percent of inside pipe diameter; use flow control methods as specified for bypass pumping system to eliminate surcharging and reduce flow. END OF SECTION CCTV Inspection of Sanitary Sewer Piping 02733-3 THIS PAGE INTENTIONALLY LEFT BLANK CCN Inspection of Sanitary Sewer Piping 02733-4 SECTION 02924 GRASSING AND MULCHING PART 1 GENERAL 1.1 SUMMARY A. Section includes preparation of subsoil; hydroseeding; mulching; fertilizer; and maintenance. B. Related Sections: 1. Section 02324—Trenching. 1.2 UNIT PRICE— MEASUREMENT AND PAYMENT A. Temporary Grassing, AUD Item LS-1: 1. Basis of Measurement: included in Lump Sum Construction. 2. Basis of Payment: Includes all temporary grassing, mulching, soil preparation, maintenance, etc. required to establish temporary vegetation in accordance with plans and Georgia Department of Transportation Standard Specifications Sections 163 & 700. B. Permanent Grassing (Seed), AUD Item LS-1: 1. Basis of Measurement: included in Lump Sum Construction. 2. Basis of Payment: Includes all permanent grassing, mulching, soil preparation, maintenance, etc. required to establish permanent vegetation in accordance with plans and Georgia Department of Transportation Standard Specifications Sections 163 & 700. 1.3 DEFINITIONS A. Weeds: Include Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel, and Brome Grass. 1.4 MAINTENANCE SERVICE A. Maintain seeded areas immediately after placement until grass is well established and exhibits vigorous growing condition. Refer to the manual for Erosion & Sediment Control in Georgia. B. Maintain mulched area as to assure all disturbed areas are completely covered with mulch. C. Contractor is responsible for ensuring adequate watering for vegetation growth and maintenance if weather conditions do not provide sufficient rainfall. Grassing&Mulching 02924-1 I D. Contractor is responsible for replacing all mulched and seeded areas if disturbed I by erosion, on-going construction, etc. until permanent vegetation is established per the Manual for Erosion and Sediment Control in Georgia and as specified in Article 3.5 Schedule. 1.5 REFERENCES A. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. B. Georgia Department of Transportation Standards and Specifications, 2001 I edition. C. Manual of Erosion and Sediment Control in Georgia, latest edition. I 1.6 SUBMITTALS A. Prior to seeding, the contractor shall submit a proposed permanent grassing plan I including species, water and fertilization schedules, and planting rates. I PART 2 PRODUCTS 2.1 TEMPORARY SEED MIXTURE A. Seed Mixture: 1 See seed mixture shown on Soil Erosion Control Detail sheet. 2.2 ACCESSORIES A. Lime: As noted in Manual for Erosion and Sediment Control in Georgia, latest edition. B. Fertilizer: Recommended for grass; of proportion necessary to eliminate any deficiencies of topsoil to the following proportions: Nitrogen 10 percent, 1 phosphoric acid 10 percent, soluble potash 20 percent. C. Water: Clean, fresh and free of substances or matter capable of inhibiting vigorous growth of grass. 2.3 SOIL MATERIALS A. Topsoil meeting Georgia Department of Transportation Standards and Specifications, Section 814 and 893. Topsoil stripped on-site may be stockpiled for re-use as approved by Augusta Utilities Department representative. PART 3 EXECUTION 3.1 EXAMINATION A. Verify prepared soil base is ready to receive the Work of this section. Grassing&Mulching 02924-2 3.2 PREPARATION OF SUBSOIL ' A. Prepare sub-soil to eliminate uneven areas and low spots. Maintain lines, levels, profiles and contours. Make changes in grade gradual. Blend slopes into level areas. B. Remove foreign materials, weeds and undesirable plants and their roots. Remove contaminated sub-soil. ' C. Scarify subsoil to depth of 3 inches where topsoil is to be placed. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has compacted sub-soil. 3.3 HYDROSEEDING A. Hydroseeding is an acceptable method of grassing/mulching. Georgia ' Department of Transportation Standard Specification Section 700.3.05.F will govern hydroseed applications. ' B. Apply fertilizer, mulch and seeded slurry with hydraulic seeder at specified rate within one hour after being combined in hydroseeder. ' C. After application, apply water with fine spray immediately after each area has been hydroseeded. Saturate to 4 inches of soil and maintain moisture levels two to four inches. ' D. For areas inaccessible to hydroseed apparatus, contractor to refer to Georgia Department of Transportation Standards and Specifications, Section 700 for seeding applications. 3.4 MULCHING A. Apply mulch per Georgia Department of Transportation Standard Section 163. Mulch shall meet requirements set forth in Georgia Department of Transportation Standard Specifications, Section 893 for Grassing and Erosion Control. 3.5 SCHEDULE A. Grassing: All disturbed areas are to be grassed. Permanent grassing will be ' accepted when "final stablization" is achieved as defined in the Georgia EPD NPDES Regulations; "100% of soil surface is uniformly covered in permanent vegetation with a density of 70% or greater..." ' B. Temporary Mulching: Mulch shall be applied to all disturbed areas to a thickness of 3 inches. Mulch shall be maintained until permanent grassing is established. END OF SECTION I Grassing&Mulching 02924-3 I I I I THIS PAGE INTENTIONALLY LEFT BLANK I I I I I I I I I I I I I Grassing&Mulching I 02924-4 I SECTION 02734 TRENCHLESS UTILITY INSTALLATION (JACKING) PART 1 GENERAL I1.1 SUMMARY A. Section Includes: 1. Excavation and backfill for approach trenches and pits. 2. Excavation for Casing pipe. 3. Carrier pipe. 4. Disposal of excess materials. IB. Related Sections: 1. Section 02750—Concrete Construction. I 2. Section 02324 -Trenching. 3. Section 02732 - Sewer and Manhole Testing. 4. Section 02730 - Sanitary Sewer Piping. I1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Jacked Pipe: 1. Basis of Measurement: By linear foot measured on invert of jacked pipe from face to face of jacked pipe. 2. Basis of Payment: Includes excavation, sheeting & shoring,jacked pipe, carrier Ipipe, grout, accessories, tests, backfill, and disposal of excess materials. B. Abandoned Bore: 1. Basis of Measurement: By each location of a pipeline abandoned in place. I 2. Basis of Payment: Includes excavation,jacked pipe, grout, accessories, tests, backfill, and disposal of excess materials. 1.3 REFERENCES A. American Association of State Highway and Transportation Officials: 1. AASHTO H2O -Standard Specification for Live Loading. 2. AASHTO M133 -Standard Specification for Preservatives and Pressure Treatment Processes for Timber. B. American Railway Engineering and Maintenance-of-Way Association: 1. AREMA- Manual for Railway Engineering. I C. ASTM International: 1. ASTM A36 - Standard Specification for Carbon Structural Steel. 2. ASTM A53 - Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc- Coated,Welded and Seamless. Trenchless Utility Installation(Jacking) 02734-1 I I I 3. ASTM A139 - Standard Specification for Electric fusion (Arc)Welded steel Pipe I (NPS 4-inch and over). 4. ASTM A307 - Standard Specification for Carbon Steel Bolts and Studs, 60,000 PSI Tensile Strength. 5. ASTM A449- Standard Specification for Quenched and Tempered Steel Bolts and I Studs. 6. ASTM A1011- Standard Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon, Structural, High-Strength Low-Alloy and High-Strength Low-Alloy with I Improved Formability. D. American Welding Society: I 1. AWS D1.1 - Structural Welding Code -Steel. E. National Utility Contractors Association: 1. NUCA- Pipe Jacking & Microtunneling Design Guide. I 2. NUCA-Trenchless Excavation Construction Equipment& Methods Manual. F. GDOT Standard Specifications: I 1. Standard Specifications Construction of Transportation Systems, 2013 Edition or latest edition, published by the Georgia Department of Transportation. 1.4 DESIGN REQUIREMENTS I A. Design casing pipe liner joints of leakproof construction. Design for earth and/or other pressures present. I 1. Highway Crossings: Design tunnel for earth and/or other pressure loads present, plus AASHTO H2O live loading. 2. Railroad Crossings: Design tunnel for earth and/or other pressure loads present, I plus railroad E80 live loading with 50 percent added for impact. B. Design bracing, backstops, and use jacks of sufficient rating for continuous jacking without stoppage, except for adding pipe sections and as conditions permit, to I minimize tendency of ground material to "freeze"around casing pipe. 1.5 SUBMITTALS A. Section 013300 -Submittal Procedures: Requirements for submittals. B. Shop Drawings: Prepare scaled shop Drawings to supplement Drawings, signed and sealed by Professional Engineer. 1. Include details of casing,jacking head, sheeting, and other falsework for trenches and pits and support for adjacent facilities, field sketches, and other details to complete the Work. 2. Show relation of proposed installation to adjacent facilities and natural features over installation, angle of installation, right-of-way lines, and general layout of built facilities. 3. Show cross-section or sections from field survey showing installation in relation to actual profile of ground. Trenchless Utility Installation(Jacking) I 02734-2 I C. Submit history of previous work completed of equivalent nature and scope. Include qualification and experience of key personnel. D. Installation Plan: Submit description of proposed construction plan, dewatering plan, and plan to establish and maintain vertical and horizontal alignment. E. Submit emergency response procedures to handle situations when conduit is compromised and jeopardizes integrity of installation or safety. F. Submit written report results of visual check prior to installation of carrier pipe of entire length of casing or liner, to verify there are no voids or defective joints. G. Manufacturer's Certificate: Certify products meet or exceed specified requirements. 1.6 CLOSEOUT SUBMITTALS A. Section 01 70 00 - Execution and Closeout Requirements: Requirements for submittals. B. Project Record Documents: Record actual locations of casing or tunnel liner, carrier pipe, and invert elevations. C. Identify and describe unexpected variations to subsoil conditions or discovery of uncharted utilities. 1.7 QUALITY ASSURANCE A. Perform work in accordance with GDOT Standard Specifications, NUCA Trenchless Excavation Construction Equipment and Methods Manual, NUCA Pipe Jacking & Microtunneling Design Guide, and AREMA when jacking under railroads. B. Maintain one copy of each document on site. 1.8 QUALIFICATIONS A. Installer: Company specializing in performing work of this section with minimum five years documented experience. 1. Work Experience: Include projects of similar magnitude and conditions. 2. Furnish list of references upon request. 1.9 PRE-INSTALLATION MEETINGS A. Section 013000 -Administrative Requirements: Pre-installation meeting. B. Convene minimum one week prior to commencing work of this Section. Trenchless Utility Installation(Jacking) 02734-3 1.10 DELIVERY, STORAGE, AND HANDLING A. Provide temporary end caps and closures on piping and fittings. Maintain in place until installation. B. Protect piping and jacking systems from entry of foreign materials and water by temporary covers, completing sections of work, and isolating parts of completed system. C. Accept system components on site in manufacturer's original containers or configuration. Inspect for damage. D. Use wooden shipping braces between layers of stacked pipe. Stack piping lengths no more than three layers high. E. Store field joint materials indoors in dry area in original shipping containers. Maintain storage temperature of 60 to 85 degrees F. F. Support casing and carrier pipes with nylon slings during handling. 1.11 ENVIRONMENTAL REQUIREMENTS A. Conduct operations so as not to interfere with, interrupt, damage, destroy, or endanger integrity of surface or subsurface structures or utilities, and landscape in immediate or adjacent areas. 1.12 FIELD MEASUREMENTS A. Verify invert elevations of existing work prior to excavation and installation of casing or tunnel. PART 2 PRODUCTS 2.1 CASING AND JACKING PIPE MATERIALS A. Steel Casing Pipe: ASTM A53 or ASTM A139, 35,000 psi minimum yield strength, minimum wall thickness of 0.25 inch, full circumference welded joints in accordance with AWS D1.1 to withstand excavation forces. 2.2 CARRIER PIPE MATERIALS A. Sanitary Sewer Piping: As specified in Section 02730. 2.3 GROUT AND COVER MATERIALS A. Soil Backfill for Trench Approaches and Pits to Finish Grade: As specified in Section 02324 -Trenching. Trenchless Utility Installation(Jacking) 02734-4 B. Fill and Seal Grout at Pipe Ends: Mortar conforming to Section 834 of GDOT Standard Specifications. Do not add more water than is necessary to make a workable mixture. ' C. Pressure Grout Mix: Grout conforming to Section 450 of GDOT Standard Specifications One part Portland cement and six parts mortar sand mixed with water to consistency applicable for pressure grouting. ' 2.4 ACCESSORIES A. Supports and Insulators: ' 1. Steel and Plastic: 14 gage stainless steel band, 5/16 inch stainless steel flange bolts, heavy duty PVC liner, polyethylene or phenolic skids. 2. Plastic: Polyethylene casing insulator band and skids with stainless steel bolts. ' B. Steel Strapping: ASTM A36. C. Concrete: Class AA-1 Concrete conforming to Section 500 of the GDOT Standard ' Specifications. 1. Compressive strength of 3,000 psi at 28 days. 2. Air entrained and vibrated. ' 3. Water cement ratio of 0.44. 4. Slump Lower Limits 2 inches. Upper Limits of 4 inches. 5. Minimum cement content of 675 pounds per cubic yard. PART 3 EXECUTION ' 3.1 EXAMINATION A. Section 013000 -Administrative Requirements: Verification of existing conditions ' before starting work. B. Verify connection to existing piping system size, location, and invert elevations are in accordance with Drawings. ' 3.2 PREPARATION ' A. Identify required lines, levels, contours, and datum locations. B. Locate, identify, and protect utilities indicated to remain from damage. C. Notify utility company to remove and relocate utilities. D. Protect plant life, lawns, rock outcroppings] and other features remaining as portion of ' final landscaping. E. Protect bench marks, survey control points, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic. Trenchless Utility Installation(Jacking) 02734-5 I I I F. Establish minimum separation of from other utility piping in accordance with local code. I 3.3 EXCAVATION AND BACKFILL A. Excavate and backfill in accordance with Section 02324 -Trenching. I 3.4 DEWATERING A. Intercept and divert surface drainage precipitation and groundwater away from I excavation through use of dikes, curb walls, ditches, pipes, sumps, or other means. B. Develop substantially dry subgrade for prosecution of subsequent operations. I C. Comply with State of Georgia requirements for dewatering to any watercourse, prevention of stream degradation, and erosion and sediment control. I 3.5 EXISTING WORK A. Maintain access to existing facilities and other remaining active installations requiring I access. Modify installation as necessary to maintain access. 3.6 PITS OR APPROACH TRENCHES I A. Excavate approach trenches or pits in accordance with shop drawings and as site conditions require. I B. Ensure casing entrance face as near perpendicular to alignment as conditions permit. C. Establish vertical entrance face at least 1 foot above top of casing. I D. Install dewatering measures and excavation supports as specified in Section 02324 - Trenching. I 3.7 CASING PIPE INSTALLATION A. Boring: I 1. Push pipe into ground with boring auger rotating within pipe to remove spoil. Do not advance cutting head ahead of casing pipe except for distance necessary to I permit cutting teeth to cut clearance for pipe. Arrange machine bore and cutting head to be removable from within pipe. Arrange face of cutting head to provide barrier to free flow of soft material. 2. When unstable soil is encountered during boring retract cutting head into casing to permit balance between pushing pressure and ratio of pipe advancement to quantity of soil. 3. When voids develop greater than outside diameter of pipe by approximately one I inch, grout to fill voids. 4. When boring is obstructed, abandon boring, relocate jack or tunnel as directed by Engineer. Trenchless Utility Installation(Jacking) I 02734-6 I ' B. Jacking 1. Construct adequate thrust wall normal to proposed line of thrust. 2. Impart thrust load to pipe through suitable thrust ring sufficiently rigid to ensure ' uniform distribution of thrust load on full pipe circumference. C. Drilling and Jacking 1. Use oil field type rock roller bit or plate bit made up of individual roller cutter units I solidly welded to pipe which is turned and pushed for its entire length by drilling machine to give bit necessary cutting action. 2. Inject high density slurry(oil field drilling mud)to head as cutter lubricant. Inject ' slurry at rear of cutter units to prevent jetting action ahead of pipe. D. Mining and Jacking: Utilize manual handmining excavation from within casing pipe as casing is advanced with jacks, allowing minimum ground standup time ahead of casing pipe. 3.8 PRESSURE GROUTING ' A. Pressure grout annular space between casing pipe and surrounding earth. ' 3.9 CARRIER PIPE INSTALLATION A. Clean, inspect, and handle pipe in accordance with applicable Section for carrier pipe. B. Exercise care to prevent damage to pipe joints when carrier pipe is placed in casing. C. Support pipeline within casing so no external loads are transmitted to carrier pipe. ' Attach supports to barrel of carrier pipe; do not rest carrier pipe on bells. 1. Use minimum 2 supports per joint of carrier pipe. ' D. All carrier pipe joints shall have internal or external restraints within the casing pipe. E. Grout ends of casing to seal. ' 3.10 TOLERANCES A. Do not over cut excavation by more than 1 inch greater than outside diameter of casing ' pipe. B. Install casing pipe to vertical and horizontal alignment on Drawings within plus or minus 3 inches prior to installation of carrier pipe. IC. Install pipe bells with minimum 1/2 inch clearance to casing. I3.11 FIELD QUALITY CONTROL A. Compaction Testing: As specified in Section 02324 -Trenching. I Trenchless Utility Installation(Jacking) 02734-7 I B. When tests indicate Work does not meet specified requirements, remove Work, Ireplace and retest. 3.12 REMOVAL OF FACILITIES AND CONTROLS A. Remove temporary facilities for casing installation and jacking operations. END OF SECTION I I I I I I I I I Trenchless Utility Installation(Jacking) 02734-8 I I I I I I I G", . 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. AUD MEASUREMENT&PAYMENT REVISED 09/29/2016 1 OF 11 ITEM W-4 (A-Z) -Miscellaneous pipe fittings shall be measured individually(each) and include costs for the complete fitting and installation including polywrap and mechanical joint restraint,regardless of material. Miscellaneous Pipe Fittings shall either be Mechanical Joint Fittings 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-5-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-6 (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-7(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-8 (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 MEASUREMENT&PAYMENT REVISED 09/29/2016 2 OF 11 ITEMS W-9 (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-11-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 MEASUREMENT&PAYMENT REVISED 09/29/2016 3 OF 11 I 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 I additional payment shall be made for these items. ITEM W-17-Miscellaneous concrete shall be measured in cubic yards and shall include I 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 I 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-1 (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 1 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-2(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,pressure 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 MEASUREMENT&PAYMENT REVISED 09/29/2016 4 OF 11 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. I 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. I I AUD MEASUREMENT&PAYMENT REVISED 09/29/2016 5 OF 11 1 ITEMS S-8 (A-Z)-Sanitary sewer exterior manhole joint wrapping shall be measured individually and shall include the costs for wrapping material and installation.No additional payment shall be made for these items. ITEMS S-9 (A-Z)-Sanitary sewer interior protective coating shall be measured by the vertical foot of manhole and shall include the costs for coating material and installation. No additional payment shall be made for these items. ITEM 5-10-Outside drop piping shall be measured individually(each)and shall include the costs for all piping,fittings,joint restraints,brick dam,and 57 stone. 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-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-13A-Sanitary sewer service long side 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. AUD MEASUREMENT&PAYMENT REVISED 09/29/2016 6 OF 11 ITEM S-13B-Sanitary sewer service short side 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 I 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, I excavation,dewatering,soil stabilization,pipe stabilization,asphalt cutting,and normal backfill. No additional payment shall be made for these items. ITEM S-15-Water main crossings shall be measured individually(each)and shall include fcosts 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. IITEM 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 I 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. I 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. I I AUD MEASUREMENT&PAYMENT REVISED 09/29/2016 7 OF 11 I PAVEMENT STRUCTURES ITEM P-1-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-2-Aggregate base (101/2" thick)and asphalt patch(21/2" thick) shall be measured in square yards and shall include costs for existing pavement removal and disposal,all aggregates (regardless of type),2 1/2" graded aggregate base removal and disposal, bituminous tack coat,asphalt,installation,excavation,striping(both temporary and permanent), and markers (both temporary and permanent). The square yardage calculation shall be based upon a standard width of seven(7)feet for payment purposes. 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-3-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 P-4-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-5-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-6-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. I I AUD MEASUREMENT&PAYMENT REVISED 09/29/2016 8 OF 11 I I ITEM P-7-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-8-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-9-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. 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. ITEM P-11-Concrete Cap(8" thick) and asphalt patch(2" thick)shall be measured in square yards and shall include costs for select backfill,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 4' plus the outside diameter of the utility for 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. MISCELLANEOUS ITEM M-1-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-2-3000 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. I I AUD MEASUREMENT&PAYMENT REVISED 09/29/2016 9 OF 11 ITEM M-3-Rock excavation shall be measured in cubic yards and shall include costs for blasting,labor,equipment,and material removal and disposal. No additional payment shall be made for these items. ITEM M-4-Select backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation,stockpiling,removal and disposal 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-5-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-6 (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-7-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-1-Mobilization,Demobilization includes,but is not limited to,performance of preparatory work and operations for the assembling and setting up necessary for work on the Project,such as shops,plants,storage areas,sanitary facilities,moving in of personnel and equipment,incidentals to the Project,and any other facilities,as required by the Specifications and special requirements of the Contract Documents,as well as by Laws and Regulations in effect at the Site.Partial payments will be made with 50 percent payable with the first pay application and the remaining 50 percent payable with the final pay application. No separate or additional payment shall be made for these items. ITEM LS-2-Bonds,Insurance includes all costs associated with obtaining any bonds or insurance required to perform the work in accordance with the plans and specifications and as required by local and state law. Partial Payments shall be made base on the percentage complete on the current pay application excluding payments made for mobilization(LS-1), bonds,insurance (LS-2),and temporary erosion and sediment control(LS-3). No separate or additional payment shall be made for these items. ITEM LS-3-Temporary Erosion and Sediment Control includes,but is not limited to,the installation,maintenance,and removal of all temporary erosion and sediment control measures as required by the engineer,local and state law,and in accordance with plans and specifications during construction to ensure no sediment leaves the construction site until a time at which final stabilization is approved by the local issuing authority and/or the state. Partial Payments shall be made base on the percentage complete on the current pay application excluding payments made for mobilization(LS-1),bonds,insurance(LS-2),and AUD MEASUREMENT&PAYMENT REVISED 09/29/2016 10 OF 11 1 temporary erosion and sediment control(LS-3).No separate or additional payment shall be made for these items. ITEM LS-4-Traffic Control includes,but is not limited to,all flaggers,labor,materials, equipment,and all other items necessary and incidental to completion of the work as I required by all local and state laws and permits and in accordance with plans and specifications.Progress payments will be made based upon the percentage of estimated total time that traffic control will be required unless otherwise specified. No separate or additional payment shall be made for these items. ITEM LS-5-Permanent Grassing includes,but is not limited to,all labor,materials and maintenance required to establish permanent grassing on all disturbed areas in accordance with plans and specifications.Payment will not be made for this item until such a time that the Notice of Termination(NOT)has been filed and the grass is established to the satisfaction of the local issuing authority and/or the state.No separate or additional ' payment shall be made for these items. ITEM LS-6-As-built GPS Survey(X,Y,Z)includes all labor and materials required to prepare As-built GPS Survey Drawings in accordance with plans and specifications and to the satisfaction of the engineer.No Partial Payment will be made. Full Payment will only be made after as-built drawings are complete and approved. No separate or additional payment shall be made for these items. ITEM LS-7-Allowance to be used only at the approval of the engineer. ' ITEM LS-8-Allowance for Geotechnical Investigation.Allowance to only be used at the approval of the engineer.Includes direct costs for geotechnical subcontractor only. Costs can not include prime contractor's supervisor,project manager,overhead,profit or any other ' non-direct cost.All of these indirect costs need to be included in the base bid of the applicable Items (W-1,W-2,S-1,S-4,S-6,and/or S-7). Receipts for paid invoices will be provided with pay applications requesting reimbursement. ' ITEM LS-9-Allowance for CSX Railroad Flagging and Inspection.Allowance to only be used at the approval of the engineer.Costs can not include prime contractor's supervisor, project manager,overhead,profit or any other non-direct cost.All of these indirect costs need to be included in the base bid of the applicable Items(S-1&S-4). Receipts for paid invoices will be provided with pay applications requesting reimbursement. I I 1 AUD MEASUREMENT&PAYMENT REVISED 09/29/2016 11 OF 11 I I I I I I I THIS PAGE INTENTIONALLY LEFT BLANK i I I I I I I 6737 Southpoint Drive South,Bldg 1 CSXJacksonville,FL 32216 How tomorrow moves 904.279.3860 S. *01' John Blanton@csx.com John A. Blanton Contract Specialist April 18,2016 Sandra Tyler AUGUSTA,GEORGIA c/o Augusta Utilities Administration I 360 Bay Street,Ste.180 Augusta,GA 30901 Agreement No.: CSX736344 Dated: June 10,2015 Dear Sandra Tyler, Attached is the fully-executed Agreement of the above reference file. In accordance with this Agreement,Agreement Holder is responsible for paying the actual cost of CSXT flagging and/or support services,including all applicable surcharges(collectively"Fees"). No work is to be performed on CSXT property without Roadmaster's authorization. It is your responsibility to schedule any work on CSXT property with CSXT Outside Services,To schedule the work,complete and follow the instructions on the attached Outside Party Number Request Form. I It was a pleasure assisting you with this project and we look forward to working with you in the future. Should there be any questions,please feel free to give us a call at the above referenced number. Sincerely, +47,010#14 400‘61/"Nal* John A. Blanton Attachement I Outside Party Request Form(OP Form)Revised 06/11/13 New Facility Installation/Rights of Entry HOW tomorrow moves Date: 0 1110" Instructions: Please fill out sections 2-4 then submit to the Flagging Coordinator via email or fax. Flagging Coordinator Flagging/Inspection(Responsibility of Agreement Holder) E-Mail: op reauestfacsx.com Estimated Average Cost Fax: 904.245.3692 Flagging: $1,000 per day(minimum 8 hours) Telephone 904.279.3805 Inspection: $1,500 per day 1.Important information The estimated flagging and inspection cost is based on average cost for 8 hours regular time on CSX work days. Overtime rates will apply for hours beyond 8 hours per day or beyond 40 hours per week for railroad personnel. Inspection costs will include inspector's project time,travel time,expenses,per diem,project management cost for scheduling,means and methods review,coordinating,and general account administration. Other railroad costs may include signal locates,material,rental equipment,burden and tax. The above references flagging and inspection costs are estimates only and will be billed after the project commencement. In the event local flagging services are not available at the time of your request,flagging resources from outside the geographical area of your project may be assigned at extra cost to the Agreement Holder/Project Owner. The cost of flagging services vary based on factors including but not limited to,type of project,duration of project,utilization of local or out-of-town flagging personnel,etc. 2.Project Contact information Contact Name: Company Name: Address: City_State_Zip: Phone: Email: 3.Billing Contact Information(Agreement Holder/Facility Owner) Contact Name: Company Name: AUGUSTA,GEORGIA Billing Address: City_State_Zip: Phone: Email: 4.Project information Agreement Number: CSX736344 Agreement Date: 4/18/2016 City/County/ST/Mile:Augusta, Richmond,Georgia,MP YYG-10.36 Request Start Date: Duration in Days: Project Description: New subgrade crossing of(1)12 inch gravity sewer pipe within(1)24 inch casing at 12.5 feet below base of rail via Jack and Bore. 5..CSXUse Only: Road Master(RM): Signal Manager: RM Email: Signal Mgr. Email: RM Phone: Signal Mgr Phone: Division Subdivision Additional Documents Needed Special Billing Insructions Contractor Must Provide CGL: No CGL Expiration Date: Self-Insured RPL Insurance: Paid Contractor Must Provide RPL No Inspector Required? Yes Proj.Cord. Fee Paid? No OP# Valid Thru 1 . . ' PS Form 1001-G Revised April 29,2008 Agreement No.CSX736344 FACILITY ENCROACHMENT AGREEMENT ' THIS AGREEMENT, made and effective as of June 10,2015,by and between CSX TRANSPORTATION,INC.,a Virginia corporation, whose mailing address is 500 Water Street, ' Jacksonville, Florida 32202,hereinafter called "Licensor,"and AUGUSTA, GEORGIA,a municipal corporation,political subdivision or state agency, under the laws of the State of Georgia,whose mailing address is 530 Greene Street,Augusta,Georgia 30901,hereinafter called ' "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct(unless previously constructed and designated ' as existing herein),use and maintain the below described facility(ies),hereinafter called "Facilities," over,under or across property owned or controlled by Licensor,at the below described location(s): ' 1. One(1)existing twelve inch(12")diameter sub-grade pipeline crossing,solely for the conveyance of raw/treated sewage,located at or near Augusta,Richmond County, Georgia, Milepost YYG-10.36,Latitude N33:26:45.12,Longitude W82:07:36.56; ' hereinafter,called the"Encroachment,"as shown on print(s) labeled Exhibit"A,"attached hereto and made a part hereof; ' NOW,THEREFORE, in consideration of the mutual covenants,conditions,terms and agreements herein contained,the parties hereto agree and covenant as follows: 1. LICENSE: ' 1.1 Subject to Article 17,Licensor, insofar as it has the legal right,power and authority to do so,and its present title permits,and subject to: ' (A) Licensor's present and future right to occupy,possess and use its property within the area of the Encroachment for any and all purposes; (B) All encumbrances,conditions,covenants,easements,and limitations applicable to Licensor's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein ' contained; does hereby license and permit Licensee to construct,maintain,repair,renew,operate,use,alter ' or change the Facilities at the Encroachment above for the term herein stated,and to remove same upon termination. I I I I 1.2 The term Facilities,as used herein,shall include only those structures and ancillary facilities devoted exclusively to the transmission usage above within the Encroachment, I and as shown on attached Exhibit A. 1.3 No additional structures or other facilities shall be placed, allowed,or maintained by Licensee in, upon or on the Encroachment except upon prior separate written I consent of Licensor. 2. ENCROACHMENT FEE; TERM: I 2.1E ,1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of FOUR THOUSAND AND 00/100 U.S. DOLLARS($4,000.00)upon execution of this I Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee under this Agreement. In the event of a successor(by merger,consolidation, reorganization and/or assignment)or if the original Licensee changes its name,then Licensee shall be subject to I payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However,Licensee assumes sole responsibility for,and shall pay directly (or 1 reimburse Licensor),any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Facilities or Encroachment. 2.3 This A reement shall terminate as herein provided, but shall also terminate I g upon:(a)Licensee's cessation of use of the Facilities or Encroachment for the purpose(s)above; j(b)removal of the Facilities;(c)subsequent mutual consent; and/or(d)failure of Licensee to complete installation within five(5)years from the effective date of this Agreement. 2.4 In further consideration for the license or right hereby granted,Licensee hereby agrees that Licensor shall not be charged or assessed,directly or indirectly,with any part of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof',or for any public works project of which said Facilities is a part. I 3. CONSTRUCTION,MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct,maintain,relocate, repair, renew,alter,and/or remove I the Facilities,in a prudent,workmanlike manner, using quality materials and complying with any applicable standard(s)or regulation(s)of Licensor(CSXT Specifications),or Licensee's particular industry,National Electrical Safety Code,or any governmental or regulatory body having jurisdiction over the Encroachment. 3.2 Location and construction of Facilities shall be made strictly in accordance j with design(s)and specifications furnished to and approved by Licensor and of material(s)and size(s)appropriate for the purpose(s)above recited. I I I I3.3 All of Licensee's work,and exercise of rights hereunder,shall be undertaken at time(s)satisfactory to Licensor,and so as to eliminate or minimize any impact on or interference Iwith the safe use and operation of Licensor's property and appurtenances thereto. 3.4 In the installation,maintenance,repair and/or removal of said Facilities, Licensee shall not use explosives of any type or perform or cause any blasting without the I separate express written consent of Licensor. As a condition to such consent,a representative will be assigned by Licensor to monitor blasting,and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. I3.5 Any repairs or maintenance to the Facilities,whether resulting from acts of Licensee,or natural or weather events,which are necessary to protect or facilitate Licensor's use I of its property, shall be made by Licensee promptly,but in no event later than thirty(30) days after Licensee has notice as to the need for such repairs or maintenance. I 3.6 Licensor, in order to protect or safeguard its property,rail operations, equipment and/or employees from damage or injury,may request immediate repair or renewal of the Facilities,and if the same is not performed,may make or contract to make such repairs or Irenewals,at the sole risk,cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done,material used,or I method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor,shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. I3.8 All work on the Encroachment shall be conducted in accordance with Licensor's safety rules and regulations. I3.9 Licensee hereby agrees to reimburse Licensor any loss,cost or expense (including losses resulting from train delays and/or inability to meet train schedules)arising from I any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or Encroachment. I4. PERMITS,LICENSES: 4.1 Before any work hereunder is performed,or before use of the Encroachment I for the contracted purpose,Licensee,at its sole cost and expense,shall obtain all necessary permit(s)(including but not limited to zoning,building,construction,health, safety or environmental matters),letter(s)or certificate(s)of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s),approval(s) I and authorization(s),and shall comply with all applicable ordinances, rules,regulations, requirements and laws of any governmental authority(State,Federal or Local)having jurisdiction over Licensee's activities, including the location,contact,excavation and protection I regulations of the Occupational Safety and Health Act(OSHA)(29 CFR 1926.651(b)),et al.,and State "One Call" "Call Before You Dig"requirements. I I I 4.2 Licensee e see assumes sole responsibility for failure to obtain.such permit(s)or approval(s), for any violations thereof,or for costs or expenses of compliance or remedy. I 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensor's I property, Licensee,at its sole cost and expense,shall: (A) support track(s)and roadbed in a manner satisfactory to Licensor; (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s)and in such manner Licensor may approve. 5.2 After construction or maintenance of the Facilities,Licensee shall: (A) Restore any track(s),roadbed and other disturbed property;and (B) Erect,maintain and periodically verify the accuracy of aboveground I markers, in a form approved by Licensor, indicating the location,depth and ownership of any underground Facilities or related facilities. 5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or I subjacent support in the Encroachment area for a period of three(3)years after completion of installation. 6. TRACK CHANGES: 6.1 In the event that rail operations and/or track maintenance result in changes in I grade or alignment of,additions to,or relocation of track(s)or other facilities,or in the event future use of Licensor's rail corridor or property necessitate any change of location,height or depth in the Facilities or Encroachment,Licensee,at its sole cost and expense and within thirty I (30)days after notice in writing from Licensor,shall make changes in the Facilities or Encroachment to accommodate such track(s)or operations. 6.2 If Licensee fails to do so,Licensor may make or contract to make such I changes at Licensee's cost. 7. FACILITY CHANGES: I 7.1 Licensee shall periodically monitor and verify the depth or height of the Facilities or Encroachment in relation to the existing tracks and facilities,and shall relocate the I I i i IFacilities or change the Encroachment,at Licensee's expense,should such relocation or change be necessary to comply with the minimum clearance requirements of Licensor. I 7.2 If Licensee undertakes to revise,renew,relocate or change in any manner whatsoever all or any part of the Facilities(including any change in voltage or gauge of wire or any change in circumference, diameter or radius of pipe or change in materials transmitted in and through said pipe),or is required by any public agency or court order to do so,plans therefor shall be submitted to Licensor for approval before such change. After approval,the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Facilities/Encroachment herein permitted may not presently interfere with Licensor's railroad or facilities, in the event that the operation,existence or maintenance of said Facilities,in the sole judgment of Licensor,causes: (a)interference (including,but not limited to,physical or interference from an electromagnetic induction,or ' interference from stray or other currents)with Licensor's power lines,communication,signal or other wires,train control system,or electrical or electronic apparatus;or(b) interference in any manner,with the operation,maintenance or use of the rail corridor,track(s),structures,pole line(s),devices,other property,or any appurtenances thereto;then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference,and at Licensee's sole risk, cost and expense,shall promptly make such changes in its Facilities or installation,as may be ' required in the reasonable judgment of the Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change,Licensor may do so or contract to do so at Licensee's sole cost. ' 8.2 Without assuming any duty hereunder to inspect the Facilities,Licensor hereby reserves the right to inspect same and to require Licensee to undertake repairs,maintenance or ' adjustments to the Facilities,which Licensee hereby agrees to make promptly,at Licensee's sole cost and expense. p 9. RISK,LIABILITY,INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: I9.1 To the fullest extent permitted by State law(constitutional or statutory,as amended),Licensee hereby agrees to,defend, indemnify,and hold Licensor harmless from and against any and all liability, loss,claim,suit,damage,charge or expense which Licensor may ' suffer,sustain, incur or in any way be subjected to,on account of death of or injury to any person whomsoever(including officers,agents,employees or invitees of Licensor),and for damage to or loss of or destruction of any property whatsoever,arising out of, resulting from,or in any way ' connected with the construction,repair,maintenance,replacement,presence,existence, operations,use or removal of the Facilities or any structure in connection therewith,or restoration of premises of Licensor to good order or condition after removal,EXCEPT when ' proven to have been caused solely by the willful misconduct or gross negligence of Licensor. HOWEVER,to the fullest extent permitted by State law,during any period of actual I . I construction,repair,maintenance, replacement or removal of the Facilities,wherein agents, I equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability hereunder shall be absolute,irrespective of any joint,sole or contributory fault or negligence of Licensor. I 9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or the Facilities in,on,over or under the Encroachment, including loss of or any interference with use or service thereof,regardless of cause, including electrical field creation,fire or derailment resulting from rail operations. For this Section,the I term "Licensee's Property"shall include property of third parties situated or placed upon Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of Licensee. 9.3 To the fullest extent permitted by State law,as above,Licensee assumes all responsibility for,and agrees to defend, indemnify and hold Licensor harmless from: (a)all I claims,costs and expenses, including reasonable attorneys'fees,as a consequence of any sudden or nonsudden pollution of air,water, land and/or ground water on or off the Encroachment area, arising from or in connection with the use of this Encroachment or resulting from leaking, bursting, spilling,or any escape of the material transmitted in or through the Facilities; (b)any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air,water, land and/or ground water arising therefrom or the remedy thereof; and(c) any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities I leakage. 9.4 Notwithstanding Section 9.1,Licensee also expressly assumes all risk of loss I which in any way may result from Licensee's failure to maintain either required clearances for any overhead Facilities or the required depth and encasement for any underground Facilities, whether or not such loss(es)result(s) in whole or part from Licensor's contributory negligence or I joint fault. 9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor I harmless shall also extend to companies and other legal entities that control,are controlled by, subsidiaries of,or are affiliated with Licensor,as well as any railroad that operates over the rail corridor on which the Encroachment is located, and the officers,employees and agents of each. 9.6 If a claim is made or action is brought against Licensor,and/or its operating lessee, for which Licensee may be responsible hereunder,in whole or in part,Licensee shall be notified to assume the handling or defense of such claim or action, but Licensor may participate I in such handling or defense. 9.7 Notwithstanding anything contained in this Agreement,the limitation of I liability contained in the state statutes,as amended from time to time,shall not limit Licensor's ability to collect under the insurance policies required to be maintained under this Agreement. 10. INSURANCE: 10.1 Prior to commencement of surveys, installation or occupation of premises pursuant to this Agreement,Licensee shall procure and shall maintain during the continuance of this Agreement,at its sole cost and expense,a policy of I {i) Statutory Worker's Compensation and Employers Liability Insurance with available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00), which must contain a waiver of subrogation against CSXT and its Affiliates; (ii) Commercial General Liability coverage(inclusive of contractual liability)with available limits of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00), naming Licensor,and/or its designee,as additional insured and in combined single limits for bodily injury and property damage and covering the contractual liabilities assumed under this Agreement.The evidence of insurance coverage shall be endorsed to provide for thirty(30)days' notice to Licensor,or its designee,prior to cancellation or modification of any policy. Mail CGL certificate,along with agreement,to CSX Transportation,Inc., Speed Code J180, 500 Water Street,Jacksonville,FL 32202. On each successive year,send certificate to RenewalCOl@csx.com. (iii) Business automobile liabilityinsurance with available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS($1,000,000.00)combined single limit for bodily injury and/or property damage per occurrence; (iv) Such other insurance as Licensor may reasonably require. 10.2 If Licensee's existing CGL policy(ies)do(es)not automatically cover Licensee's contractual liability during periods of survey, installation,maintenance and continued occupation,a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a"claims made" basis instead of a"per occurrence" basis,Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Licensor,or its designee, may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licensor's request shall be considered a default by Licensee. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement,but shall be security therefor. 10.5 (A)In the event Licensee finds it necessary to perform construction or demolition operations within fifty feet(50')of any operated railroad track(s)or affecting any railroad bridge, trestle, tunnel,track(s),roadbed,overpass or underpass, Licensee shall: (a)notify Licensor;and(b)require its contractor(s)performing such operations to procure and maintain during the period of construction or demolition operations,at no cost to Licensor, Railroad Protective Liability{RPL)Insurance,naming Licensor,and/or its designee, as Named Insured, I � � I written on the current ISO/RIMA Form(ISO Form No. CG 00 35 01 96)with limits of FIVE I MILLION AND 00/100 U.S. DOLLARS($5,000,000.00) per occurrence for bodily injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00) aggregate limit per annual policy period,with Pollution Exclusion Amendment(ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to and approved by Licensor prior to commencement of such construction or demolition. Licensor reserves the right to demand higher limits. (B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance company(but not CGL insurance), Licensee may pay Licensor,at Licensor's current rate at time of request,the cost of adding this Encroachment,or additional construction and/or demolition activities,to Licensor's Railroad Protective Liability(RPL)Policy for the period of actual construction.This coverage is offered at Licensor's discretion and may not be available under all circumstances. 10.6 Notwithstanding the provisions of Sections 10.1 and 10.2,Licensee,pursuant to State Statute(s),may self-insure or self-assume, in any amount(s),any contracted liability arising under this Agreement,under a funded program of self-insurance,which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 11. GRADE CROSSINGS; FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over the track(s),except at public road crossing(s), without separate prior written approval of Licensor. 11.2 If Licensor deems it advisable,during any construction,maintenance,repair, I renewal,alteration,change or removal of said Facilities,to place watchmen, flagmen,inspectors or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the Encroachment,and to keep persons,equipment or materials away from the track(s),Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. I 11.3 Subject to Licensor's consent and to Licenser's Railroad Operating Rules and labor agreements,Licensee may provide flagmen,watchmen, inspectors or supervisors during all times of construction,repair, maintenance,replacement or removal,at Licensee's sole risk and I expense,and in such event,Licensor shall not be liable for the failure or neglect of such watchmen,flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS: I 12.1 Any additional or alternative costs or expenses incurred by Licensor to I accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. I I I I I 12.2 Licensor's expense for wages("force account" charges)and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty(30)days after receipt of Licensor's bill therefor. Licensor may,at its discretion,request an advance deposit for estimated Licensor costs and expenses. 12.3 Such expense shall include,but not be limited to,cost of railroad labor and supervision under"force account"rules,plus current applicable overhead percentages,the actual cost of materials,and insurance,freight and handling charges on all material used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may,at its discretion,require advance deposits for estimated costs of such expenses and costs. 13. DEFAULT,BREACH,WAIVER: 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof,and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty(30)days after receiving written notice from Licensor to do so(or within forty-eight(48)hours in the event of notice of a railroad emergency),Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred,regardless of encroachment fee(s) having been paid in advance for any annual or other period. Upon such revocation,Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition,or any subsequent breach thereof,unless such covenant or condition is permanently waived in writing by Licensor. 13.3 Neither the failure of Licensor to object to any work done,material used,or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor,shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement, 14. TERMINATION,REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of (a)termination, (b)revocation,or(c)subsequent agreement,or(d) Licensee's removal of the Facility from the Encroachment. However,neither termination nor revocation of this Agreement shall affect any claims and liabilities which have arisen or accrued hereunder,and which at the time of termination or revocation have not been satisfied;neither party,however,waiving any third party defenses or actions. 14.2 Within thirty(30)days after revocation or termination, Licensee,at its sole risk and expense,shall(a)remove the Facilities from the rail corridor of Licensor,unless the parties hereto agree otherwise,(b) restore the rail corridor of Licensor in a manner satisfactory to I I Licensor,and(c)reimburse Licensor any loss,cost or expense of Licensor resulting from such I removal. 15. NOTICE: 15.1 Licensee shall give Licensor at least thirty(30)days written notice before doing a_y,work on Licensor's rail corridor,except that in cases of emergency shorter notice may be given. Licensee shall provide proper notification as follows: a. For non-emergencies,Licensee shall complete and submit Licensor's Outside Party Number Request Form (Form#OP) by facsimile,to facsimile numbers: (904) 245-3692. Licensee may also scan and email a completed form to email address: OP_Request@csx.com. A blank form,as well as additional instructions and information,can be obtained from Licensor's web site,via web link: http://www.csx.com/share/wwwcsx_mura/assets/File/Customers/Non- freight_Services/Property^Real_Estate/Outside Party Number Request_Form.pdf. b. For emergencies,Licensee shall complete all of the steps outlined in Section 15.1 a. above,and shall also include detailed information of the emergency. Licensee shall also call and report details of the emergency to Licensor's Rail Operations Emergency Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee concerning an emergency involving Licensee's Facility(ies), the emergency phone number for Licensee is: 706-312-4160. I 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1,do CSXT Contract Management,J180;or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing I and sent via Certified or Registered Mail,Return Receipt Requested, or by courier,and shall be considered delivered upon: (a)actual receipt,or(b)date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only,and Licensee I shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein;said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16.1,this Agreement shall be binding upon and I g inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession(by I merger,consolidation,reorganization,etc.)or other change of legal existence or status of Licensee,with a copy of all documents attesting to such change or legal succession,within thirty (30)days thereof. I I 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part,to any grantee,lessee,or vendee of Licensor's underlying property interests in the IEncroachment, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale,transfer,assignment,sublicense or I encumbrance of this Agreement,or any of the rights and privileges hereunder,Licensor,at its option,may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss,cost or expense Licensor Imay incur as a result of Licensee's failure to obtain said consent. 17. TITLE: I17.1 Licensee understands that Licensor occupies,uses and possesses lands, rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from full fee simple absolute to bare occupation. Accordingly,nothing in this Agreement shall act as I or be deemed to act as any warranty,guaranty or representation of the quality of Licensor's title for any particular Encroachment or segment of Rail Corridor occupied,used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and privileges contained herein,subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Rail Corridor,and all leases, licenses and easements or other Iinterests previously granted to others therein. 17.2 The term "license,"as used herein,shall mean with regard to any portion of I the Rail Corridor which is owned by Licensor in fee simple absolute,or where the applicable law of the State where the Encroachment is located otherwise permits Licensor to make such grants to Licensee,a"permission to use"the Rail Corridor,with dominion and control over such portion of the Rail Corridor remaining with Licensor,and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor occupied,used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this I Agreement,such waiver continuing only so long as Licensor continues its own occupation,use or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee further acknowledges that it does not have the right to occupy any portion of the Rail Corridor held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s)of the fee simple absolute estate. Further, Licensee shall not obtain,exercise or claim any interest in the Rail Corridor that would impair Licensor's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make,and hereby completely and I absolutely waives its right to,any claim against Licensor for damages on account of any deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. I I I � � I 17.4 Licensee agrees to fully and completely indemnify and defend all claims or I litigation for slander of title,overburden of easement,or similar claims arising out of or based upon the Facilities placement,or the presence of the Facilities in,on or along any Encroachment(s),including claims for punitive or special damages. 17.5 Licensee shall not at any time own or claim any right,title or interest in or to Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for any length of time give rise to any right,title or interest in Licensee to said property other than the license herein created. 17.6 Nothing in this Agreement shall be deemed to give,and Licensor hereby I expressly waives,any claim of ownership in and to any part of the Facilities. 17.7 Licensee shall not create or permit any mortgage,pledge,security, interest, I lien or encumbrances,including without limitation,tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation,repair,maintenance or operation of the Facilities in or on any portion of the I Encroachment(collectively, "Liens or Encumbrances"),to be established or remain against the Encroachment or any portion thereof or any other Licensor property. 17.8 In the event that anyproperty of Licensor becomes subject to such Liens or P P Y J Encumbrances,Licensee agrees to pay,discharge or remove the same promptly upon Licensee's receipt of notice that such Liens or Encumbrances have been filed or docketed against the Encroachment or any other property of Licensor; however, Licensee reserves the right to challenge,at its sole expense,the validity and/or enforceability of any such Liens or Encumbrances. 18. GENERAL PROVISIONS: 18.1 This Agreement,and the attached specifications,contains the entire I understanding between the parties hereto. 18.2 Neither this Agreement,any provision hereof, nor any agreement or provision I included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Except as otherwise provided herein,or in any Rider attached hereto,neither the form of this Agreement,nor any language herein,shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. I 18.4 This Agreement is executed under current interpretation of applicable Federal, State,County, Municipal or other local statute,ordinance or law(s). However,each separate division (paragraph,clause,item,term,condition,covenant or agreement)herein shall have independent and severable status for the determination of legality,so that if any separate division is determined to be void or unenforceable for any reason,such determination shall have I I I Ino effect upon the validity or enforceability of each other separate division,or any combination thereof. I18.5 This Agreement shall be construed and governed by the laws of the state in which the Facilities and Encroachment are located. I 18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen percent(18%)per annum, unless limited by local law,and then at the highest rate so Ipermitted. 18.7 Licensee agrees to reimburse Licensor for all reasonable costs(including Iattorney's fees) incurred by Licensor for collecting any amount due under the Agreement. 18.8 The provisions of this License are considered confidential and may not be disclosed to a third party without the consent of the other party(s), except: (a)as required by statute,regulation or court order, (b)to a parent,affiliate or subsidiary company,(c)to an auditing firm or legal counsel that are agreeable to the confidentiality provisions,or(d)to Lessees of Licensor's land and/or track who are affected by the terms and conditions of this Agreement and will maintain the confidentiality of this Agreement. I 18.9 Licensor shall refund to Licensee any overpayments collected,plus any taxes paid in advance; PROVIDED,however,such refund shall not be made when the cumulative total involved is less than One Hundred Dollars($100.00). I *******THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK******* I I IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate I (each of which shall constitute an original)as of the effective date of this Agreement. N Witness for Licensor: CSX T ORT, I O ,IN /' By: , "'',�►// I David E.Elder Print/Type Name: Director CSX Real Property, Ir;;. , Print/Type Title_ signing as agent on bch .lf,. CSX Transportation, Inc. 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