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HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA, GEORGIA AND LEGACY WATER GROUP, LLC FOR ROCK CREEK RELIEF SEWER PROJECT I gPoelnt0a�xfirrtent ,......,___Lie___ G F' i7 'R G t A 9 . �* � x ,� ext , FAXED/MAILED TO: All Vendors I Nancy Williams, Quality Assurance Analyst Tom Wiedmeier, Augusta Utilities Department FROM: Geri Sams I Procurement Director er AAA) DATE: June 9, 2017 ISUBJ: Clarifications to the Specifications BID ITEM: Bid Item#17-201 Rock Creek Relief Sewer for Augusta Utilities Department IBID OPENING DATE: Tuesday, June 27, 2017 @ 3:00 p.m. ADDENDUM NO. 1 IThis Addendum shall form a part of the referenced Bid Item #17-201 Rock Creek Relief Sewer and any agreement entered into in connection therewith equally as if bound into I the original document. Acknowledge receipt of all Addendums on Attachment "B"within the Specifications package. Clarifications to the Specifications: IWhen you are instructed to ADD, DELETE, or MAKE CHANGES to ARID ITEM PAGE OR PAGES, these additions, deletions, or changes MUST be made on the bid item pages you submit with your bidding proposal. ICHANGES TO OTHER PAGES When you are instructed to DELETE something, which is NOT on a Bid Item Page, you may line I through the text diagonally and/or print or write the word"DELETE"on the text being deleted. Physically removing the page(s)is not necessary. When you are instructed to ADD A NON-BID ITEM PAGE(S), OR PORTIONS THEREOF, you I MUST CONSIDER it/them in developing your bid. • Bid Schedule: REPLACE Bid Schedule with (Attached) I • Performance Bond: ADD Page PB-2 (Attached)to the Contract Documents. • Section SC, SPECIAL CONDITIONS: Page SC-1 ADD the following to the INDEX: I SC—25 ROAD CLEARING SC—26 BORE PITS SC—27 UTILITY EASEMENTS I • Section SC, SPECIAL CONDITIONS: Page SC-8 ADD the following: SC-25 ROAD CLEANING: On a daily basis, roads shall be cleaned by the Contractor to prevent tracking or Imovement of sediment to storm runoff areas. Room 605- 535 Telfair Street,Augusta Georgia 30901 I (706)821-2422-Fax(706)821-28110 ;$, 0 Scan this QR code with your ll iV\\.ait2uStaua.uw "•'1;' smartphone or camera equipped Register at www.demandstar.com/supplier for automatic bid notification �'t£* n • tablet to visit the Augusta,Georgia I ❑ Z Addendum 1 Bid 17-201 Page 1 of 3 I I I I I I I I I I I I I I I I I I I SC-26 BORE PITS: All open bore pits shall be secured and taped off using Safety Caution highly visible ' tape to prevent any hazard conditions from occurring. SC-27 UTILITY EASEMENTS: The Contractor is not to encroach on private property unless it has secured written ' permission from the property owner allowing him to occupy the property owner's land. Private property where the owner has secured easements for the construction are shown on drawings attached to these documents. See attached utility easements at the end of this section. ' • SPECIFICATIONS: Section TS7D, CONTROL VALVES ' Page TS7D-1, First paragraph under SCOPE, CHANGE last part of sentence to read as follows: "operation, plug valves and electric actuators." DELETE end of sentence "with water fitted hydraulic cylinders. Second paragraph and all three bulleted items under SCOPE, CHANGE the word "Hydraulic" TO "Beck Electric" Page TS7D-3, DELETE paragraph 5"Valves shall be equipped " and REPLACE with the following paragraphs: ' Electric motor actuators: Plug valves shall be fitted with electric actuators where indicated. The actuators shall be for open-close service,non-modulating for two position duty, ' in NEMA 4X enclosures, limit switches, torque switches, mechanical dial position indicator, analog position transmitter proportional to valve position, declutchable handwheel, heater, open-stop-close pushbuttons, local off remote selector switch. ' Indicator lights and a 120 volt single phase service. Valve actuators shall provide reversing start and safety and over current protection for the motor. For modulating duty operator shall be similar and shall alter the valve position in proportion to a 4-20 MA analog command signal. Positioning shall be accomplished by comparing the command signal to position feedback. An automatic adjustment based on the difference shall move the valve to the required position without overshoot. ' Actuators shall be Harold Beck &Sons or equal: Model type as required to meet valve operating torque requirements. Page TS7D-5, ADD sentence to end of paragraph under ACCEPTABLE ' MANUFACTURERS to read as follows: "Actuators shall be Beck, or approved equal." ' • Section TS17, INSTRUMENTATION AND CONTROL EQUIPMENT Page TS17-7— RTU-1: Second Paragraph, CHANGE "Web controlled Relay" TO Modicon M340 PLC ' Page TS17-7—RTU-1: Fourth Paragraph, DELETE entire paragraph and REPLACE with the following paragraph: "The PLC configured to accept an Ethernet connection from the Sixnet modem and be configured to open and close the valve." Page TS17-8, Second paragraph under Periodic Pressure Cycle, CHANGE the word "Hydraulic" TO "electric" • Section TS28, MEASUREMENT AND PAYMENT ' Page TS28-7 of 11 —ADD the following: ITEM S-40—Sanitary sewer connection shall be measured as shown in Bid Schedule and shall include costs for increaser fitting, excavation, dewatering, asphalt/concrete cutting (including service markings), installation, normal backfill, aggregate base and asphalt pavement repair, and property restoration. No additional payment shall be made or these items. ' Addendum 1 Bid 17-201 Page 2 of 3 I I I I I I I I I I I I I I I I I I I Page -- TS28-11 of 11 ADD the following: ITEM LS-8—Allowance for CSX Railroad Flagging and Inspection. Allowance to only ' be used at the approval of the engineer. Costs cannot 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-2 & ' S-4). Receipts for paid invoices will be provided with pay applications requesting reimbursement. • DRAWINGS: DWG 9,ADD Railroad ties to existing line 45 LF left of proposed sewer and label the line CL Railroad. Please acknowledge addendum in your submittal END OF ADDENDUM ATTACHMENTS: REVISED BID SCHEDULE(3 PAGES) REVISED PERFOMANCE BOND PAGE-PB2(1 PAGE) DRAWINGS(10 PAGES) 1 1 i 1 1 I ' Addendum 1 Bid 17-201 Pape 3 of 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 62 oetwem®nG.46oignen6 0 E-' 0 R GI A % G. Newel� , �i�eetox ' FAXED/MAILED TO: All Vendors ' Nancy Williams, Quality Assurance Analyst Tom Wiedmj er, Augusta Utilities Department FROM: Geri Sams `` 119- ' Procurement Director DATE: June 20, 2017 SUBJ: Clarifications to the Specifications BID ITEM: Bid Item#17-201 Rock Creek Relief Sewer for Augusta Utilities Department ' BID OPENING DATE: Tuesday, June 27, 2017 @ 3:00 p.m. ADDENDUM NO. I ' This Addendum shall form a part of the referenced Bid Item #17-201 Rock Creek Relief Sewer and any agreement entered into in connection therewith equally as if bound into ' the original document.Acknowledge receipt of all Addendums on Attachment "B" within the Specifications package. Clarifications to the Specifications: ' When you are instructed to ADD, DELETE, or MAKE CHANGES to A BID ITEM PAGE OR PAGES, these additions, deletions,or changes MUST be made on the bid item pages you submit with your bidding proposal. ' CHANGES TO OTHER PAGES When you are instructed to DELETE something, which is NOT on a Bid Item Page, you may line ' through the text diagonally and/or print or write the word "DELETE" on the text being deleted. Physically removing the page(s) is not necessary. ' When you are instructed to ADD A NON-BID ITEM PAGE(S), OR PORTIONS THEREOF, you MUST CONSIDER it/them in developing your bid. • Section SC, SPECIAL CONDITIONS: Page SC-1 ADD the following to the INDEX: SC—28 GEORGIA POWER LICENSE AGREEMENT SC —29 CSX ENCROACHMENT AGREEMENT— SEWER ' SC—30 CSX ENCROACHMENT AGREEMENT-WATER • Section SC, SPECIAL CONDITIONS: Page SC-8 ADD the following: SC-29 GEORGIA POWER LICENSE AGREEMENT: See attached agreement with this Addendum 2. SC—29 CSX ENCROACHMENT AGREEMENT— SEWER: See attached agreement with this Addendum 2. SC—30 CSX ENCROACHMENT AGREEMENT—WATER: See attached agreement with this Addendum 2. ' Room 605 - 535 Telfair Street,Augusta Georgia 30901 (706)821-2422-Fax(706)821-2811 0 .+$;0 Scan this QR code with your \\11-111LRISIa�e.a „C7� smartphone or camera equipped Register at www.demandstar.com/supplier for automatic bid notification fid c tablet to visit the Augusta,Georgia Addendum 2 Bid 17-201 Pace'I of 3 I I I I I I I I I I I I I I I I I I I ' • DRAWINGS: Drawing No 4, 5, 6 and 8 WET CROSSING NOTE ADD "Contractor may choose to use Jack and Bore method instead of directional drilling at the same unit price bid for wet ' crossing" Drawing No 5 profile vertical scales are incorrect by 20'. SUBTRACT 20 ft. from each number on the vertical scale. ' Drawing No 15 Distance between existing manhole is less than shown. CHANGE Gate valve size to 20", DELETE 2 Mega Flange Connections, and existing 24" DIP between manholes. ADD 2 20" DIP Flange X Plain end short pieces on each side of new 20"valve and grout at each existing manhole. Valve Box Plan: DELETE Check Valve. A SECTION: ADD Check Valve on each of 2 Vertical pump discharge below top 90° bend. ' RESPONSES TO QUESTIONS: 1) Who is responsible for payment of the railroad flagmen? ' RESPONSE: Contractor. Per Allowance REF Addendum 1 LS8 2) Will the Contractor be required to obtain special insurance,for the CSX crossings? ' RESPONSE: Based on CSX Encroachment Agreement (SC-29 & SC-30) 3) Is a copy of the railroad permit available for review by the Contractors? RESPONSE: Yes, it is being added as SC-29 & SC-30 as part of this addendum. ' 4) Item LS-7 is an Owners Allowance. There is no dollar amount provided for the allowance. RESPONSE: Owner's Allowance is shown in Addendum 1 LS7 ' 5) Reference Item M-8B Concrete Slabs for Aerial Crossing. The quantity in the bid schedule is two each. There are four concrete slabs shown near the aerial crossing. Two slabs reference the detail on Drawing 16. There are two additional slabs shown below and above the forced main crossing of the culvert pipes. Please clarify how these four slabs will be ' paid for. RESPONSE: The two slabs above and below the pipe at station +1- 13+00 are to be paid under bid item M-2. 6) Reference Item M-9 Foundation Backfill. Where is this material intended to be installed? Is this for stone to be placed under the force main where required to undercut, or is stone intended to be placed above the pipe as backfill? ' RESPONSE: Placed under the force main where required to undercut and per bedding plan AUD Detail 5 on Dwg 15 or under concrete structures as determined by Engineer. ' 7) What is the difference between Select Refill Material and Borrow Material? Under what circumstances will the Contractor be paid for these items? RESPONSE: Select refill material is crushed stone. Borrow material is not. ' 8) Reference Item M-2 Class A Concrete. Where is this intended to be used? RESPONSE: Where concrete is needed AND not included in other items. ' 9) Where is the location of Connection Detail—2 shown on Drawing No. 11? RESPONSE: Sheet 11 is NOT in the contract. It's for information only. 10) Is there any flow information for the existing sewers to facilitate the sizing of by-pass ' pumping? RESPONSE: The existing system can handle from 2000 to 2400 gpm. It has run full in the past. Addendum 2 Bid 17-201 Ponca 9 of. I I I I I I I I I I I I I I I I I I I ' 11) Reference Drawing No. 9. It appears the intent is to install a 24" gate valve on the existing sewer between the two existing manholes. Reviewing this in the field, there is only 2-1/2 feet between the outside walls of the manholes. Please elaborate on how the Contractor is to install this gate valve. RESPONSE: We must change the valve to a 20" valve. Details issued in this addendum. 12) Regarding the wet crossings, in several cases the plan view does not match the profile view in terms of the length of the crossing. For bidding purposes and calculating the total length of wet crossing, which takes precedence, the plan view or the profile view? RESPONSE: Plan View. However, the bid must be based on the LF shown on the bid schedule. 13)Will the Contractor be allowed to install temporary crossing in wet areas to access portions of the project that occur between two wet crossings? If not, how is the Contractor to gain access to those areas? RESPONSE: Yes, temporary non damaging crossings must be submitted to the Engineer for concurrence prior to use. ' Please acknowledge addendum in your submittal END OF ADDENDUM ATTACHMENTS: GEORGIA POWER LICENSE AGREEMENT(15 PAGES) CSX ENCROACHMENT AGREEMENT—SEWER(19 PAGES) CSX ENCROACHMENT AGREEMENT—WATER(19 PAGES) 1 1 ' Addendum 2 Bid 17-201 I I I I I I I I I I I I I I I I I I I d i .� ' 't g oettoemenL. nzenL I • G E 0 ,R G I A `9i . ( eri Iw/nG, reetox IFAXED/MAILED TO: All Vendors Nancy Williams, Quality Assurance Analyst ITom Wiedmeier, Augusta Utilities Department FROM: Geri Sams i `1,i. Procurement Director I DATE: June 21, 2017 SUBJ: Clarifications to the Specifications IBID ITEM: Bid Item#17-201 Rock Creek Relief Sewer for Augusta Utilities Department IBID OPENING DATE: Tuesday, June 27, 2017 @ 3:00 p.m. ADDENDUM NO. 3 IThis Addendum shall form a part of the referenced Bid Item #17-201 Rock Creek Relief Sewer and any agreement entered into in connection therewith equally as if bound into the original document. Acknowledge receipt of all Addendums on Attachment "B" within I the Specifications package. Please use the revised attached cover sheet for Addendum 2 previously released Ishowing Addendum 1. Please acknowledge addendum in your submittal IEND OF ADDENDUM ATTACHMENT: REVISED ADDENDUM 2 COVER SHEET I I I I I I IRoom 605 - 535 Telfair Street,Augusta Georgia 30901 (706)821-2422-Fax(706)821-2811 0 :$ 0 Scan this QR code with your ':•4'''rsmartphone or camera equipped www.augustaga.gov Register at www.demandstar.com/supplier for automatic bid notification 't'a c tablet to visit the Augusta,Georgia 0 t Addendum 3 Bid 17-201 Pape 1 of 1 I I I I I I I I I I I I I I I I I I I �xoe[ zera lment G _E ' O' .R G '1 A ffletel Wang, �i�xeeloz ' FAXED/MAILED TO: All Vendors Nancy Williams, Quality Assurance Analyst Tom Wiedmeier, Augusta Utilities Department FROM: Geri Sams (.1,141 ' Procurement Director DATE: June 20, 2017 ISUBJ: Clarifications to the Specifications BID ITEM: Bid Item#17-201 Rock Creek Relief Sewer for Augusta Utilities Department BID OPENING DATE: Tuesday, June 27, 2017 @ 3:00 p.m. ' ADDENDUM NO. 2 This Addendum shall form a part of the referenced Bid Item #17-201 Rock Creek Relief Sewer and any agreement entered into in connection therewith equally as if bound into 1 the original document. Acknowledge receipt of all Addendums on Attachment "B" within the Specifications package. Clarifications to the Specifications: ' When you are instructed to ADD, DELETE, or MAKE CHANGES to A BID ITEM PAGE OR PAGES, these additions, deletions, or changes MUST be made on the bid item pages you submit with your bidding proposal. CHANGES TO OTHER PAGES When you are instructed to DELETE something, which is NOT on a Bid Item Page, you may line through the text diagonally and/or print or write the word "DELETE"on the text being deleted. Physically removing the page(s) is not necessary. When you are instructed to ADD A NON-BID ITEM PAGE(S), OR PORTIONS THEREOF, you MUST CONSIDER it/them in developing your bid. • Section SC, SPECIAL CONDITIONS: Page SC-1 ADD the following to the INDEX: SC—28 GEORGIA POWER LICENSE AGREEMENT SC—29 CSX ENCROACHMENT AGREEMENT—SEWER ' SC—30 CSX ENCROACHMENT AGREEMENT-WATER • Section SC, SPECIAL CONDITIONS: Page SC-8 ADD the following: ' SC-29 GEORGIA POWER LICENSE AGREEMENT: See attached agreement with this Addendum 2. SC—29 CSX ENCROACHMENT AGREEMENT—SEWER: ' See attached agreement with this Addendum 2. SC—30 CSX ENCROACHMENT AGREEMENT—WATER: See attached agreement with this Addendum 2. ' Room 605 - 535 Telfair Street,Augusta Georgia 30901 o (706)821-2422-Fax(706)821-2811 $ Scan this QR code with your '4,1 smartphone or camera equipped www.augustaga.eov • IRegister at www.demandstar.com/supplier for automatic bid notification r.1.43.-13 tablet to visit the Augusta,Georgia Addendum 2 Bid 17-201 Pan..1 of I I I I I I I I I I I I I I I I I I I t .. f.R .t:,♦ y^... ,ail. ._< - s .... •4.. ... ..+... ' Invitation to Bid Sealed bids will be received at this office until Tuesday,June 27,2017 @ 3:00 p.m.for furnishing: Bid Item#17-201 Rock Creek Relief Sewer for Augusta,GA-Utilities Department ' Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street— Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable ' are$115. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 821-0405)beginning Thursday, May 18, 2017. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing,delivery of goods or services,or coordination with other work that is material to the successful completion of the project. A Mandatory Pre Bid Conference will be held on Friday,June 9,2017 @ 10:00 a.m.in the Procurement Department,535 ' Telfair Street,Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandtontract@aueustaga.gov to ' the office of the Procurement Department by Tuesday,June 13, 2017 @ 5:00 P.M. No bid will be accepted by fax,all must be received by mail or hand delivered. 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. A 10%Bid Bond is required to be submitted along with the bidder's qualifications;a ' 100%performance bond and a 100%payment bond will be required for award. Invitation for bids and specifications. An invitation for bid shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4(Product Specifications),and all contractual terms and conditions,applicable to the procurement. All specific requirements contained in the Invitation to bid including,but not limited to,the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement I Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement ' Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail,fax or email as follows: ' Augusta Procurement Department Attn: Geri A.Sams,Director of Procurement 535 Telfair Street, Room 605 Augusta,GA 30901 Fax: 706-821-2811 or Email:procbidandcontract@augustaga.gov No bid will be accepted by fax,all must be received by mail or hand delivered, ' GERI A.SAMS,Procurement Director Publish: Cc: Louis Brazzell Deputy Administrator Tom Wiedmeier Utilities Department Marie Corbin Utilities Department ' Revised: 2/19/2016 l Bid 17-201 Rock Creek Relief Sewer Bid Due:Tuesday,June 27,2017 @ 3:00 p.m. ' Page 2 of 15 I I I I I I I I I I I I I I I I I I I I INSTRUCTIONS TO'SUBMit: I 1.1 Purpose:The purpose of this document is to provide general and specific information for use by vendors 1.7 Minority/Women Business Enterprise (MWBE) in submitting a bid to supply Augusta, Georgia with Policy:Court Order Enjoining Race-Based Portion of equipment,supplies,and or services as listed above. DBE Program Augusta, Georgia does not have a I All bids are governed by the Augusta,Georgia Code. race or gender conscious Disadvantaged Business Enterprises (DBE) program for projects having Augusta, Georgia as the source of funding. 1.2 Viewing the Augusta Code: All bids are governed Augusta does enforce mandatory DBE requirements I and awarded in accordance with the applicable of federal and state agencies on contracts funded federal and state regulations and the Augusta, by such agencies and has a DBE Program to comply Georgia Code. To view the Code visit Augusta's with U.S. Department of Transportation (DOT), website at www uxustaga:Rov or Federal Transit Administration (FTA), Federal I http//www.auRustaga.gov/index asax?NI CilEtS Guidelines&Procedures. Aviation Administration (FAA) and other federal and state mandated DBE requirements for certain DOT,FTA,FAA,and other federal and state assisted 1.3 Compliance with laws: The Proponent shall obtain contracts as required by 49 C.F.R. Part 26, et. seq. I and maintain all licenses,permits,liability insurance, and/or 49 C.F.R.Part 23,et.seq. This DBE program workman's compensation insurance and comply is only for DOT,FTA and FAA assisted contracts and with any and all other standards or regulations other federal or state funded contracts having required by federal, state or Augusta, Georgia mandatory DBE requirements.(See Article 13 of the I statute, ordinances and rules during the Augusta,GA.Code.) performance of any contract between the Proponent and Augusta, Georgia. Any such Augusta, Georgia prohibits any language in any requirement specifically set forth In any contract solicitation,bid or contract that is inconsistent with I document between the Proponent and Augusta, the July 21,2011 Court Order in the case,Thompson Georgia shall be supplementary to this section and Wrecking, Inc, v.Augusta Georgia, civil action No. not in substitution thereof. 1:07-CV-019. Any such language appearing in any I Augusta,Georgia solicitation,bid or contract is void 1.4 Bids For All Or Part:Unless otherwise specified by and unenforceable. Augusta,Georgia or by the proponent,AUGUSTA, GEORGIA RESERVES THE RIGHT TO MAKE AWARD A copy of this Order can be reviewed at ON ALL ITEMS,OR ON ANY OF THE ITEMS www.atxgustoaa.aov home page. ACCORDING TO THE BEST INTEREST OF AUGUSTA, GEORGIA. Proponent may restrict his bid to 1.8 Augusta,Georgia License Requirement: For further consideration in the aggregate by so stating,but information contact the License and Inspection must name a unit price on each item submitted Department @ 706 312-5050. I upon. General Contractors License Number: If applicable, 1.5 All protest shall be made in writing to: in accordance with O.C.G.A.§43-41,or be subjected I Attn: Geri A.Sams to penalties as may be required by law. Director of Procurement 535 Telfair Street,Room 605 Utility Contractor License Number: If applicable,in Augusta,GA 30901 accordance with O.C.G.A.§43-14,or be subjected to I Fax: 706-821-2811 or Email: penalties as may be required bylaw. procbbidandcontract@augustaga.Rov 1.9 Terms of Contract:(Check where applicable) 1.6 Local Vendor Preference: The Local Vendor [ ](A)Annual Contract I Preference policy shall only be applied to projects of [)(](B)One time Purchase. one-hundred thousand dollars ($100,000) or less [ ](C)Other and only when the lowest local qualified bidder is within 10% or $10,000, whichever is less of the Ilowest non-local bidders. Revised 2/11/2016 I Bid 17-201 Rock Creek Relief Sewer Bid Due:Tuesday,June 27,2017 @ 3:00 p.m. I .. Page 3 of 15 I 1 I -< G E-- O R 3 i A I Attachment B I You MuSt Complete and Return the 2 pages of Attachrnsnt B with Your Submittal. Document Must Be Notarized. Augusta, Georgia Augusta Procurement Department ATTN:Procurement Director 535 Telfair Street, Suite 605 IAugusta, Georgia 30901 Name of Proponent: Legacy Water Group. LLC. Street Address: 10120 Roberts Way City,State,Zip Code: Covington, GA. 30014 Phone: (678)712-2132 Do You Have A Business License?Fax: (678)625-3366 Email: m)a('a�legacWvatergrouq.com Augusta,GA Business License#for your Company(Must Provide): And/or Your State/Local Business License#for your Company(Must Provide):yes: City of Covington CONST17-0022 Utility Contractors License#(Must Provide if al bfe 302gia UC License IGeneral Contractor License#(Most Provide if ep;;alica te): MUST BE LISTED ON FRONT OF ENVELOPE Additional Specialty License#(Must Provide if appliteble): NOTE: Company must be licensed in the Governmental entity for where they do the majority of their business. if I (State or Local)does not require a business license,please state above(Procurement will verify), yourill e Governmental required to ai obtain a Richmond County business license If awarded a BiD. For further information regarding Augut ,your Arlicense requirements,Please contact the License and inspection Department(jj 706 312-5050. List the State, City&County that issued your license; I Acknowledgement of Addenda:(#1) X :(#2) X :( 3) X :(#4) :(#5 • NQTE• CHECK APPROPRIATE BOO(ES1 ADD ADp177ONAL NU7MBERS ASSAPPLiCABLE Statement of Non-Discrimination I The undersigned understands that it Is the policy of Augusta, Georgia to promote full and equal business opportunity for all persons doing business with Augusta,Georgia. The undersigned covenants that we have not discriminated,on the basis of race,religion,gender,national origin or ethnicity,with regard to prime contracting,subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the proposal or contract awarded by Augusta,Georgia. The undersigned further covenants that we have completed truthfully I 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. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative I action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of non-discrimination as made and set forth herein shall be continuing In nature and shall remain in full force and effect without interruption; That the promises of nondiscrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain end; I That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling Augusta, Georgia to declare the contract In default and to exercise any and all applicable rights remedies Including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities,and withholding and or forfeiture of compensation due and owing on a contract. I Non-Collusion of Prime Proponent 8y 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 et 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 with any competitor. (b)Unless otherwise required by law,the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening,directly or indirectly,to any other vendor or to any competitor, (c)No or de, proposal for tie purpose made,t has been resricts glcompetition.yCollus ons andInduce fraud in any person,other preparation shall be repor orted to the Ste submit or not i submit a General end the United States Justice Department. to of Georgia Attorney I Bid 17-201 Rock Creek Relief Sewer Bid Due:Tuesday,June 27,2017 0 3:00 p.m. Page 5 of 15 I 1 1 1 1 1 1 1 1 1 1 1 1 1 .. _ . IConflict of Interest 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 In performing the services required by this BID,and I 2.That no employee of the County,nor any member thereof,not any public agency or official affected by this BID,has any pecuniary Interest in the business of the responding firm or his sub-consultant(s) has any interest that would conflict in any manner or degree with the performance related to this BID. By submission of a proposal,the vendor certifies under penalty of perjury,that to the best of Its knowledge and belief: Ice)The prices in the proposal have been arrived et 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, stating affirmatively that the individual,firm,or corporation which is contracting with Augusta,Georgia Board of Commissioners has registered with and Is participating in a federal work authorization program` [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of I Homeland Security to verify Information of newly hired employees,pursuant to the Immigration Reform and Control Act of 1986(IRCA),P.L. 99.8031 in accordance with the applicability provisions and deadlines established In 0.C.G.A§13-10-91. The undersigned further agrees that,should it employ or contract with any subcontractor(s)in connection with the physical performance of services pursuant to this contract with Augusta, Georgia Board of Commissioners, contractor will secure from such subcontractor(s)similar verification of compliance with 0.C.GA§13-10-91 on the Subcontractor Affidavit provided In Rule 300-10-01-.08 or a substantially similar form.Contractor further agrees to I maintain records of such compliance and provide a copy of each such verification to the Augusta, Georgia Board of Commissioners at the time the subcontractor(s)is retained to perform such service. Georgia Law requires your company to have an E-Vorify`Ussr 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: httos://e-vedfv.uscis.aov/enrnly and/or htto://www.dol.state.ga.uslodflrules/300 10 1.cdf Leacy *i4E-Verify* User Identification Number(Company I.D.) #798569 Water Group, LLC. I NOTE: E•VERIFY USER IDENDIFICATION NUMBER(COMPANY I.D.)MUST BE PROVIDED: IN ADDITION,THE RECOMMENDED AWARDED VENDOR WILL BE REQUIRED TO PROVIDE A COPY OF HOMELAND SECURITY'S MEMORANDUM OF UNDERSTANDING(MOU) The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta, Georgia Board of Commissions specifications which Igovern 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. I Legac Water Group, LLC. Comps ane / ; /, I B orize, Offf - o gent (Contractor Sig - ire) President IIITitle of Authorized Officer or Agent of Contractor Mark J.Accetturo Printed Name of Authorized Officer or Agent I SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 27th DAY OF June ,2017 '11/a. 70. 1'4„....ap NOTARY SEAL INotary Public Karen M Kimble My Commission Expires: NOTARY PUBLIC Walton County,GEORGIA IMy Comm. Expires 03/16/19 You Must Complete and Return the 2 pastes of Attachment El with Your Submittal.Document Must Be Notarized. REV,2/17/2016 IBid 17-201 Rodc Creek Relief Sewer Bld Due:Tuesday,June 27,2017.9 3:00 p.m. Page 6of15 I I I I I I I I I I I I I I I I I I I I .r, ., y ' GEORGIA You Must Complete and Return wilt Your Sukurritts.l. Document Must Be Notarized Systematic Allen Verification for Entitlements(SAVE) Program ' Affidavit Verifying Status for Augusta, Georgia Benefit Application By executing this affidavit under oath, as an applicant for an Augusta, Georgia Business License or Occupation Tax Certificate, Alcohol License,Taxi Permit,Contract or other public benefit as reference in O.C.G.A.Section 50-36-1, I am stating the following with respect to my bid for an Augusta, Georgia contract for 17-201 Rock Creek Relief Sewer (iTB Project Number and Project Name) IMark J.Accetturo fPrint/T ype:Name of natural person applying on behalf of individual,business,corporation,partnership,or other private entity) Legacy Water Group, LLC ' (Print/Type:Name of business,corporation,partnership,or other private entity) 1.) X I am a citizen of the United States. ' OR 2.) I am a legal permanent resident 18 years of age or older. 1 OR 3.) I am an otherwise qualified alien(8§USC 1641)or nonimmigrant under the Federal Immigration ' and Nationality Act(8 USC 1101 et seq.)18 years of age or older and lawfully present in the United States.* In making the above representation under oath, I understand that any person who knowingly and willfully ' makes a false,fictitious,or fraudulent statement or representation In an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Ge titsc\its:;_ s ' Signature of App Mark J.Accetturo. President Printed Name 1 *Allen Registration Number for Non-Citizens ' SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 27th DAY OF June , 2017 ' Notary Public Karen M Kimble NOTARY PUBUC My Commission Expires: Walton County,GEORGIA NOTARY SEAL My Comm. Expires 03/16/19 Note: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL ' Rev.2/17/2016 Bid 17.201 Rock Creek Relief Sewer Bid Due:Tuesday,June 27,2017 @ 3:00 p.m. Page 7 of 15 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IBusiness Opportunity Program Ordinance participation of local small businesses;and(c)agreement Local Small pP y g not to engage in discriminatory conduct of any type. Reaulrements Notice To Ail Bidders(PLEASE READ CAREFULLY) Subcontractor/Supplier Utilization Pian. Shall apply to l Bids regardless of the dollar amount (til)Documentation of Good Faith Efforts to use In accordance with Chapter 10B of the AUGUSTA, GA. (II) Proposed Local Small Business local small businesses. CoDE, Contractors agree to collect and maintain all records Failure to submit the above documentation shall necessary to for Augusta, Georgia to evaluate the effectiveness of recruit In the bid being declared non-responsive. I Its Local Smell Business Opportunity Program and to make such (d)Post Contract Award Requirements.The purpose of records avaliable to Augusta, Georgia upon request The this sub-section Is to establish requirements for contractor requirements of the Local Small Business Opportunity Program can compliance with the LSBOP after a contract has been be found at www.auoustaua.Dov. In accordance with AUGUSTA,GA. awarded. This Is Incorporated Into all Augusta, Georgia CODE, Contractors shall report to Augusta,Georgia the total dollars Contracts for which a local smell business goal has been I paid to each subcontractor, vendor, or other business on each established or negotiated. contract, and shall provide such payment affidavits, regarding (1) Contractors shall have an affirmative, payment to subcontractors,if any as required by Augusta,Georgia. ongoing obligation to meet or exceed the committed local Such utilization reports shall be In the format specified by the small business goal for the duration of the contract.The I Director of Minority and Small Business Opportunities,and shall be Augusta,Georgia may deem a contractor to be In violation submitted at such times as required by Augusta,Georgia. Required of the LSBOP and In breach of Its contract if at any time forms can be found at www.auaustaoa.aov. If you need assistance Augusta,Georgia determines that completing a form or filing Information, please contact the LSBO (a)The contractor will not meet the committed Program office at(706)821-2406. Failure to provide such reports local small business goals;and I within the time period specified by Augusta, Georgia shall entitle (b) the reasons for the contractor's failure are Augusta,Georgia to exercise any of the remedies set forth,including within the contractor's control.For example,if a contractor but not limited to, withholding payment from the Contractor and/or does not meet the local small business goal because the collecting liquidated damages, contractor terminated a local small business without cause To print a copy of the Prime Contractor Data Collection Form or If the contractor caused and local small business to visit:http//www.auqustacta.00v/lndex.asdx?NID=1672 withdraw from the project without justification, then Website: httn:/hvww.auctustaaa.gavdndex.asnx?nid-63 Augusta,Georgia is Justified In finding the contractor to be In violation of the LSBOP. SHALL APPLY TO PROJECTS$100,000&UP (h)Compliance. Local Small Business Opportunity Program(Continued) (4)The Director of minority and small business Sac.1-10-129.Local small business opportunities program opportunities shall be responsible for evaluating good faith participation. efforts documentation and subcontractor Information (a) Sealed Bids The following procedures and contract submitted by bidders In conformance with,the AUGUSTA, requirements will be used to insure that local small GA.CODE and any State and Federal Laws applicable to I businesses are encouraged to participate in Augusta, Georgia contracts,Including but not limited to construction any bid specifications for competitive sealed bid projectsprior to award of the contract. contracts, requests for professional services and the (i)Competitive Bids. performance of public works contracts. The Augusta, Nothing In this Policy Is to be construed to require Georgia user department shall indicate goals for local I smell business In all solicitations for contracts over Augusta,Georgia to award a bid contract to other than the lowest responsible bidder, or to require contractors to $100,000 in value: award to subcontractors, or to make significant material (1) Bid conditions for. contracts awarded by purchases from local small businesses who do not submit Augusta, Georgia will require that, where subcontracting the best overall pricing to Augusta,Georgia. goat Is utilized in performing the contract, the bidder or I proponent, will make Good Faith Efforts to subcontract Sec.t_t0-t 3D.Exceptions—federally funded projects. In accordance with§1-10-8 and Chapter 108,the LSBOP with or purchase supplies from local small businesses.Bid shall only be utilized with federally funded projects, specifications will require the bidder or proponent to keep solicitations or contracts as authorized by federal (and records of such efforts that are adequate to permit a Georgia) laws, regulations and conditions applicable to I determination of compliance with this requirement. such projects. To the extent that there are any conflicts (2) Each bidder shall be required to provide between any such laws,regulations or conditions and the documentation of achieving goal or provide documentation LSBOP, the federal (and Georgia) laws, regulations and of Good Faith Efforts to engage local small businesses as conditions shall control. subcontractors or suppliers, the names of local small NOTE: All forms should be submitted In a separate, I businesses endother subcontractors value to whom it intsubcontracts, to s, sealed envelope labeled Local Small Business award subcontracts,of the dollartvalue or the are codedcon Required Forms,Company's Name&Bid Number and the scope of the work to be performed, recorded on the form(s)provided or made available as part of the bid For doestions and addittorial informationpackage. If there are no sub-contracting opportunities, I bidder shall so indicate on the appropriate form. please contact: (6) All bid documents shall require bidders or proponents jo submit with their bid the following written Local Small Business Opportunity Program, documents, statements or forms, which shall be made 535 Telfalr Street,Room 710, I available by the Procurement Department. Augusta,Georgia 30901 (I) Non-Discrimination Statement which shall (706)821.2408. affirm the bidder's: (a) adherence to the policies of Augusta, Georgia relating to equal opportunity in contracting;(b)agreement to undertake certain measures Website: http://www_auoustaga.cravfindez.aspx?rid=83 I as provided in this policy to ensure maximum practicable RaWsad 2-11.16 IBid 17-201 Rock Creek Relief Sewer Bid Due:Tuesday,lune 27,2017 6'3:00 p.m. Page 8 of 15 I I I I I I I I I I I I I I I I I I I I 1 f .. Localm l a 1 Business Goal The Local Small Business Opportunity Program provides for Local Small Business goals ' to be set on all applicable Augusta, Georgia procurements over$100,000 in value.] The Local Small Business goal for this procurement is: 10 All bidders or proposers shall submit the following with their bid or proposal as required by Augusta, GA Code § 1-10-129:2 1. Non-Discrimination Non-Discrimination Statement: As required by the Procurement document.' 2. Proposed Local Small Business Subcontractor/Supplier Utilization Plan. 3. Documentation of Good Faith Efforts to use local small businesses. 4. Local Small Business Utilization document. ' Failure to submit the above documentation shall result in the bid or Proposal beim declared non-responsive. i 1 1 Even when a solicitation does not contain a Local Small Business goal (or the goal is set at zero), each Bidder must ' negotiate in good faith with each local small business that responds to the Bidder's solicitation and each local small business that contacts the Bidder on its own accord. Self-performance does not exempt Bidders from Local Small Business Opportunity Program requirements unless the self-performer is a qualified and registered Local Small Business. All of the requirements of the Local Small Business Opportunity Program can be found in Augusta,GA Code,Chapter 10B. ' 2 Applicable forms are available on Augusta Georgia's Disadvantaged Business Enterprise website: ww.auausta>a. nv. 3 Only one Non-Discrimination statement is required"See Attachment B". ' Old 17-201 Rock Creek Relief Sewer Bid Due:Tuesday,June 27,2017 01 3:00 p.m. Page 9 of 15 1 I I I I I I I I I I U I I U U U U U I — .. - ILocal Small Business Opportunity Program Requirements IAugusta, Georgia has adopted a race and gender neutral Local Small Business Opportunity Program (LSBOP). See Augusta, GA Code, Chapter 103. Bidders are encouraged to carefully review the all of the requirements of the LSBOP which can be found on Augusta, Georgia's Disadvantaged Business Enterprise Department website (www.auaustaaa.00v). All of the requirements of the LSBOP become covenants of performance upon award of I this procurement. The LSBOP provides for Local Small Business (LSB) goals to be set on all applicable procurements over $100,000 In value and even when a solicitation does not contain a LSB goal, each Bidder must negotiate in good faith with each local small business that responds to the Bidder's solicitation and each local small business that contacts the Bidder on its own accord. Self-performance does not exempt Bidders from I the LSBOP requirements unless the self-performer is a qualified and registered LSB. (See Augusta, GA Code§ 1-10-129). L The pre-award requirements of the LSBOP are material conditions of this procurement. IA Bid shall be rejected if it is determined that a Bid fails to meet the required LSBOP requirements, including but not limited to, falling to provide the Required Pre-Award Bid Submittal documents, failing to provide commitments to achieve the applicable Project Specific LSB Goals (or the Bidder's documented Good Faith I Efforts to do so). A Contractor's failure to carry out in good faith its Project Specific Goal commitments in the course of the Contract's performance shall constitute a material breach of the Contract and a violation of the AUGUSTA, GA CODE. if the breach Is not cured within a reasonable amount of time, it may result In the termination of the Contract or such other remedies afforded by Federal,State or Local law. IIII. Good Faith Efforts. I Pursuant to AUGUSTA,GA CODE SEC. 1-10-125(4)Good Faith Efforts shall be used by a bidder to seek Local Small Businesses to participate as a subcontractor or supplier. Such good faith efforts include, but are not necessarily limited to,the following actions: I (a) Including qualified Local Small Businesses in the prime contractor's solicitations for subcontractors and suppliers. (b) Assuring that local small businesses are solicited whenever such business enterprises can perform a commercially useful function. I (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of Local Small Businesses. I (d) Establishing delivery schedules, where the requirements of the prime contract permit, which encourage participation of Local Small Businesses. (e) Using the services and the assistance of the Director of minority and small business opportunities in the identification of qualified local small businesses and negotiating subcontracts and supply contracts with Isuch enterprises. (f) Requiring each first tier subcontractor to take the affirmative steps outlined within the AUGUSTA,GA CODE with respect to the identification and usage of second or third tier sub-contractors. I (g) Placing notices of opportunities for qualified Local Small Businesses to perform subcontracting work on the eligible project in newspapers, trade journals, and other relevant publications, including publications specifically targeted to local small businesses, or communicating such notices of opportunities via the I Internet or by other available media or means. (h) Designating portions of the work for Local Small Business subcontracting in trades with available Local Small Business subcontractors. I (i) Providing a minimum of five(5)day notice to Local Small Businesses when requesting bids or proposals for furnishing material or services as a subcontractor or supplier. I IBid 17-201 Rock Creek Relief Sewer Bld Due:Tuesday,June 27,2017 @ 3:00 p.m. Page 10 of 15 i �- •1 /' .1 ^ .• - • . III. Required Pre-Award Bid Submittals. Pursuant to AUGUSTA, GA CODE SEC. 1-10-129 the following procedures and contract requirements will be used to insure that local small businesses are encouraged to participate in Augusta, Georgia contracts: (a) Each bidder shall be required to provide documentation of achieving the LSB goal or provide ' documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed. if there are no sub-contracting opportunities, bidder shall so indicate on the appropriate form. Forms ' may be found on the official website of Augusta, Georgia. (b) Each bidder shall submit with their bid the following written documents, statements or forms, which are available at the Disadvantaged Business Enterprise Department and on the Disadvantaged ' Business Enterprise Department website: (1) Non-Discrimination Statement which shall affirm the bidder's: (i) adherence to the policies of Augusta, Georgia relating to equal opportunity in contracting; (Ii) agreement to undertake ' certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (iii) agreement not to engage in discriminatory conduct of any type. ' (2) Documentation of Good Faith Efforts to use local small businesses. (3) Proposed Local Small Business Subcontractor/Supplier Utilization Plan. ' (4) Executed Letter(s)of Intent with entities identified in LSB Utilization Plan. ' Failure to submit the following documents in accordance with these requirements will cause the Bid or proposal to be declared non-responsive. Augusta, Georgia reserves the right to request supplemental information regarding a Bidder's submissions and the Bidder shall furnish such information in a timely manner. Failure to furnish information or otherwise cooperate may result in the rejection of the Bid. ' IV. LSB Utilization Plan. The Bidder must submit with its Bid a completed LSB Utilization Plan.The LSB Utilization Plan shall list ' the Subcontractor or Supplier's name(s), business address(s), telephone number(s), e-mail(s) and the name of the principal contact person(s) of each Subcontractor(s)or Supplier(s) Intended to be used in the performance of the Contract, including firms proposed as to meet the Project Specific Goals. ' Where the solicitation requires the Bidder to submit a base bid and one or more alternates, the LSB Utilization Plan must demonstrate the Bidder's achievement of the Project Specific Goal(s) or its Good Faith Efforts to achieve the Project Specific Goal(s)on the base bid. V. Letter(s)of Intent. The Bidder shall submit with Its bid completed Letter(s) of Intent (LOI) utilizing the Letter of Intent format provided by the Disadvantaged Business Enterprise Department documents. The LOI must be ' executed by an authorized representative of the local vendor identified on the Utilization Plan and by the authorized representative of the Bidder. The LOI must accurately and completely detail the work to be performed and/or the materials to be supplied, and the agreed rates and/or prices to be paid. All Utilization Plan commitments must conform to those included in the submitted LOIs.The LOI will become ' a binding contract covenant upon the Bidder's receipt of a signed contract from Augusta, Georgia. VI. Post Award Requirements. (a) Prime Contractor Data Collection Form Bid 17-201 Rock Creek Relief Sewer Bid Due:Tuesday,June 27,2017 gri 3:00 p.m. Page 11 of 15 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IAll prime contractors are required to complete and submit the Prime Contractor Data Collection Form upon award. This form must be completed in its entirety and submitted within the designated time established by the Compliance Department—Disadvantaged Business Enterprise Division. I (b) First-Tier Subcontractor,Sub-consultant,Supplier Information Form I All prime contractors are required to complete and submit the First-Tier Subcontractor, Sub-consultant, Supplier information Form upon award. This form must be completed in its entirety and submitted within the designated time established by the Compliance Department — Disadvantaged Business Enterprise Division. I (c) Monthly Utilization Reports To evaluate the effectiveness of the LSBOP, Augusta, Georgia monitors the participation of Subcontractors I and Suppliers on Augusta, Georgia contracts. Each Contractor must submit a Monthly Utilization Report of Subcontract Payments by the 15th ofeach month. The Monthly Utilization Report must reflect, from project start to date, the Contractor's receipt of payments from Augusta, Georgia and the utilization of and payments to all Subcontractors or Suppliers identified in the Utilization Plan. Failure to submit the Monthly Utilization Reports will be considered a contract breach. (d) Substitutions, Additions,or Deletions of LSB Subcontractors or Suppliers. IIn accordance with the requirements of the LSBOP, the Contractor shall provide the User Department, the Director of minority and small business opportunities and the Procurement Director written notice prior to replacing or terminating a LSB on a contract and must comply with the Good Faith Efforts requirement to I replace the departing local small business with another local small business. Likewise, when new opportunities for subcontracting arise on a contract and Augusta, Georgia sets a supplemental local small business goal, the contractors shall comply with the Good Faith Efforts set in an effort to meet the supplemental local small business goal. ISubmit all Forms and Utilization Reports to: Augusta,Georgia Compliance Department I Disadvantaged Business Enterprise Division 535 Telfair Street Room 710 Augusta,Georgia 30901 I (706)821-2406 (e) Monitoring Procedures I Procedures for monitoring contract compliance may include, but are not limited to, site visits or telephone audits; consideration of requests for substitutions, additions, deletions, or change orders; and review and verification of payments to Subcontractors or Suppliers as documented by the Monthly Utilization Status Reports of Subcontractor/Suppliers Payments. I I I I IBid 17-201 Rock Creek Relief Sewer Bid Due:Tuesday,June 27,2017 t0 3:00 p.m. Page 12 of 15 I I I I I I I I I I I I I I I I I I I I I P . r IPROJECT NAME_Rock Creek Relief Sewer --------- BID# 17-201_ ILOCAL SMALL BUSINESS OPPORTUNITY PROGRAM LETTER OF INTENT ITO PERFORM AS A SUBCONSULTANT/SUBCONTRACTOR/SUPPLIER ITo: Legacy Water Group,LLC (Name of Proposer) IA. The undersigned intends to perform work in connection with the above project in the following capacity(check one): Individual Corporation Limited Liability Company(LLC) Partnership Joint Venture I B. The Local Small Business Opportunity Program(LSBOP) confirmed as follows: )status of the undersigned is 1By attachment of a current Certificate of Certification issued by the Georgia Department of Transportation IBy attachment of a current letter issued by the Augusta, Georgia Compliance Department-Disadvantaged Business Enterprise Division C. The undersigned is prepared to perform the following work in connection with the above project I Trucking Services I ID. The undersigned states that they will be performing /. 1 L. %of the total project E. The undersigned will sublet and/or award_ Business Opportunity Program contractors and/or suppliers. s subcontract to non-Local Small IThe 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 ` 1 - t�l�k )t e.LL $ -1-.rv,i Jc _-rvc., (LSBOP Contractor Firm Name) f i By: , . ignature of uthorized epresentative) Date: (/°��/ !7 I / I Old 17-201 Rock Creek Relief Sewer Old Due:Tuesday,June 27,2017 @ 3:00 p.m. Page 13 of 15 i r, I LOCAL SMALL BUSINESS UTILIZATION PLAN IThe undersigned bidder/offeror has satisfied the requirements of the bid s ecification in the foll manner(please check the appropriate space); p owing I Name of bidder/offeror's firm: Legacy Water Group,Y LLC By: Mark J.Accetturo, PresidentAli *� ` ` t� June 27,2017 (Print Name) gnature) (Date) �/ I /� The bidder/offeror is committed to a minimum of 2•16 %LSBOP utilization on this contract. (Please complete the requested subcontractor/supplier Information below.) nt act. I OR The bidder/offeror is unable to meet the LSBOP goal of 10 %. Therefore, the bldder/offeror will I complete in its entirety the document titled GOOD FAITH EFFORTS and submit supporting documentation demonstrating good faith efforts. I Subcontractor/Supplier Address Principal LSBOP Utilization Name Phone Email Contact Certified % AuausrA avALiry It-Av"4 GARY 1540 KEROV WAY .101-P4 Yes H><PNZIe4h1, G4 306i s GRecenty ( 7a I S kAww FSELL.S 611 l2 kl srrmer I TRvCAP.; S1-�Awy Av4usrn, 4a 309o1 BELL Yes (01470 Sbtrucki n3 4 Prnhti4rnet ri7c.t IPORrag>rg P.O. BOX BBc $'ERYick�, P.4 JAY tvAiss, CaA 30809 BEVY YE5 41% II I Use additional sheets as necessary. I Iaid 17.201 Rock Creek Relief Sewer Bid Due:Tuesday,June 27,2017 0 3:00 p.m. I Page 14 of 15 I I I I I I I I I I I I I I I I I I I I 1 i Compliance Department IG E' G R GI A Yvonne Gentry DBE Coordinator IJanuary 6,2016 IMs.Bonnie Gregory Augusta Quality Lawn Care I 1540 Keron Way Hephzibah,GA 30815 IDear Ms. Gregory: Your firm has been registered as a Local Small Business Opportunity Program (LSBOP) with the Augusta-Richmond County Disadvantaged Business Enterprise Department (DBE). Your I company's registration will last for a period of two (2) years, beginning January 6, 2016. Registration entitles your firm to be included on the LSB website directory and your firm information will be submitted to all contractors bidding on the Augusta-Richmond County Iprojects. Placement on the LSB Directory's list is no guarantee of solicitation for informal or formal I invitation to bids/proposals. This is a service of convenience for the vendor and Augusta- Richmond County and not a binding assurance of solicitation. To insure maximum bid participation, vendors should register with DemandStar Service which will allow you to receive I the appropriate bid specifications as they are issued. Please call toll-free 1-800-711-1712 or visit www.demandstar.com for more information. I As a registered firm, you are required to notify the Disadvantaged Business Enterprise Department of any changes in ownership and/or control of your firm. Failure to provide this notification, in writing, may result in your firm being removed from the Local Small Business Opportunity Program register. I We welcome you to the Augusta-Richmond County Local Small Business Opportunity Program. I Sincerely, fieloN00 9001/ Yvonne Gentry IDBE Coordinator YG:tdw Icc: Vendor File I Compliance Department 535 Telfair Street—Suite 600-Augusta,GA 30901 I (706)821-2406—Fax(706)821-4228 WWW.AUGUSTAGA.GOV 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I —C" Compliance Department G E� O R G I A I Kellie Irving Compliance Director December 19,2016 I SB Trucking I c/o Shawn Bell 821 12th Street Suite C Augusta,GA 30901 IDear Mr. Bell: IYour firm has been registered as a Local Small Business Opportunity Program (LSBOP)with the Augusta-Richmond County Disadvantaged Business Enterprise Department (DBE). Your company's registration will last for a period c;1111'0 (2)year beginning December 19, 2016. I Registration entitles your firm to be included on the LSB website directory and your firm information will be submitted to all contractors bidding on the Augusta-Richmond County oun�, IPlacement on the LSB Directory's list is no guarantee invitation to bids/proposals. g tee of solicitation for informal or formal This is a service of convenience for the vendor and Augusta- I Richmond County and not a binding assurance of solicitation. To insure maximum bid participation, vendors should register with DemandStar Service which will allow you to receive the appropriate bid specifications as they are issued. Please call toll-free 1-800-711-1712 or visit www.demandstar.corn for more information. I As a registered firm, you are required to notify the Disadvantaged Business Enterprise Department of any changes in ownership and/or control of your firm. Failure to provide this I notification, in writing, may result in your firm being removed from the Local Opportunity Program register. Small Business IWe welcome you to the Augusta-Richmond County Local Small Business Opportunity Program. oft' I %AV Kellie Irving ICompliance Director KI:tdw Icc: Vendor File Compliance Department 535 Greene Street—Suite 710-Augusta,GA 30901 I (706)821-2406—Fax(706)823-4395 WWW.AUGUSTAGA.GOV 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4117G " R ° 1 ' Compliance Department Kellie Irving ' Compliance Director October 20,2016 ' Portable Services,Inc. c/o Jan Bentley 1831 Old Savannah Rd Augusta, GA 30901 Dear Ms. Bentley: Your firm has been registered as a Local Small Business Opportunity pp nity Program (LSBOP) with the Augusta-Richmond County Disadvantaged Business Enterprise Department (DBE). Your company's registration will last ./or a period of two o (2) years, beginning October 20, 2016. Registration entitles your firm to be included on the LSB website directory and your firm information will be submitted to all contractors bidding on the Augusta-Richmond County ' projects. Placement on the LSB Directory's list is no guarantee of solicitation for informal or formal ' invitation to bids/proposals. This is a service of convenience for the vendor and Augusta- Richmond County and not a binding assurance of solicitation. To insure maximum bid participation, vendors should register with DemandStar Service which will allow you to receive the appropriate bid specifications as they are issued. Please call toll-free 1-800-711-1712 or visit w w.demandstancom for more information. ' As a registered firm,you are required to notify the Disadvantaged Business Enterprise Department of any changes in ownership and/or control of your firm. Failure to provide this notification, in writing, may result in your firm being removed from the Local Small Business Opportunity Program register. We welcome you to the Augusta-Richmond County Local Small Business Opportunity Program. Sincerely, %Ilia Qty ► Kellie Irving Compliance Director Kladw ' Compliance Department 535 Greene Street—Suite 710 Augusta.GA 30901 (706)821-2406—Fax(706)823-4395 WWW.AUGUSTAGA.GOV t 1 1 1 1 1 1 1 1 1 1 1 1 PROJECT NAME Rock Creek Relief Sewer BID# 17-201 ' LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM ' LETTER OF INTENT TO PERFORM AS A SUBCONSULTANT/SUBCONTRACTOR/SUPPLIER ' To:Amazymatrisaatu2 (Name of Proposer) A. The intends undersigned g to perform work in connection with the above project in the following capacity(check one): Individual Corporation X Limited Liability Company(LLC) Joint Venture B. The Local Small Business Opportunity Program(LSBOP)status of the undersigned is confirmed as follows: t G By attachment of a current Certificate of Certification issued eorgia Department of Transportation by the attachment of a current letter ' Augusta, Georgia Compliance Department-Disadvantagedissued e Business Enterprise Division ' C. The undersigned is prepared to perform the following work in connection with the above project Install Silt Fence Grassin• And Check Dams D. The undersigned states that they will be' performing / . Ob %of the total project, E. The undersigned will sublet and/or award 0 Business Opportunity Program contractors and/or sppliersls subcontract to non-Local Small 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 he Proposer and Augusta-Richmond County. Augusta Qualit LLC (LSBOP Contractor Firm Name) By: ' (Signature of .� d epresentative) Date: ' Bid 17,203 Rods Creek ROO Sewer Bid Due:Tuesday,June 27,2017 I®1:00 p.m. Page 1a of 15 1 I PROJECT NAME ?-10",t, C111;Y_ 12.41;%tc bt,pwer BID# 11 " PO Pro1/4jec� for Vkuca sirsCS LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM ' LETTER OF INTENT TO PERFORM AS A SUBCONSULTANT/SUBCONTRACTORISUPPLIER k,i b owsk: -�- (Name of Proposer) Ylf) t �e A. The undersigned intends s to perform work in connection with the above project in the following capacity(check one): ' individual X Corporation Limited Liability Company(LLC) Partnership Joint Venture B. The Local Small Business Opportunity Program (LSBOP)status of the undersigned is confirmed as follows: By attachment of a current Certificate of Certification issued by the Georgia Department of Transportation /\ By attachment of a current letter issued by the i Augusta,Georgia Compliance Department-Disadvantaged Business Enterprise Division ' C. The undersigned is prepared to perform the following work in connection with the above project �U I ercd ' Iry�L cD da.b tP t-�ra r na y. n { �4 St 1115 t CA'1 Cr ' rti rLC, levet r D. The undersigned states that they will be performing !0 t) %of the total project ' E. The undersigned will sublet and/or award -r %of this subcontract to non-Local Small Business Opportunity Program contractors and/or suppliers. The undersigned will enter into a formal agreement for the above described work with the Proposer cited above conditioned upon the execution of a contract for the project cited herein between the Proposer and Augusta-Richmond County. 1 i- btu SorVtCeS .1 r (LSBOP Contractor Firm Name) By: 14- ( ignature of Auth• zed Representative) Date: t0 CO / 7 Bid 17-201 Rode Creek Relief Seer Bid Due:Tuesday,tune 27,2017 @ 8:00 p.m. Page 13 of 15 1 I 1 n .y _ O \ qp :C C 3 V 3 \ = h d 0Aa al C d o 'Jr u o .o c E '5 ty0� iE Y v m as °' v d _ w c v I .. n _ . m y — „, y z G 3 0 E = A` 0, ° a��i v°1i c J in c t c o in m q h A .0 C N ¢ c C N .n-1 N m 1,...•., as ti aha A n d A n D Z K \- y N E C t.N 0 .4 W m 9 >> > \ Y >u Q. \ N m N N ,v. 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'a I z v v 45 0 a ° - oa c to v m G v 3 v m 1 ~ J m I I I I I I I I I I I I I I I I I I I 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 1 ITB #17-201 ROCK CREEK RELIEF SEWER AUD PROJECT UB-2016-003 Augusta, Georgia Augusta-Richmond County Commission The Honorable Hardie Davis, Jr. Mayor ' • Mary Davis, Mayor Pro-Tem COMMISSION William Fennoy Dennis Williams ' Mary Davis Sammie Sias Andrew Jefferson Ben Hasan Sean Frantom Wayne Guilfoyle Marion Williams Grady Smith 1 Tom Wiedmeier Director Augusta Utilities Department 360 Bay Street Suite 180 ' Augusta, Georgia 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 111 ' I TABLE OF CONTENTS SECTION TITLE #OF PAGESI > I Invitation for Bids 1 IIB Instructions to Bidders 2 P Proposal 1 IBS Bid Schedule 3 BB Bid Bond 2 IA Agreement 3 NA Notice of Award 1 I NP Notice to Proceed 1 IPB Performance and Payment Bonds 5 CO Change Order 1 1 IGC General Conditions 52 SGC Supplemental General Conditions 1 I SC-0 Supplementary Conditions 11 ISC Special Conditions 8 TS-0 Index to Technical Specifications 1 ITS Technical Specifications 100 I:IS"T orDRA h c• - I COVER SHEET LOCATION MAP,DRAWING LIST,KEY PLAN AND GENERAL NOTES 1 STA 0+00 TO STA 12+00 2 STA 12+00 TO STA 24+00 I3 STA 24+00 TO STA 36+00 4 STA 36+00 TO STA 48+00 I5 STA 48+00 TO STA 60+00 6 STA 60+00 TO STA 72+00 I 7 STA 72+00 TO STA 84+00 8 STA 84+00 TO STA 96+00 9 STA 96+00 TO STA 107+77 I I 1 1 ( 10 NOT IN CONTRACT 11 NOT IN CONTRACT 12 DETAILS-1 13 DETAILS-2 14 DETAILS AND SECTIONS t 15 16 WETWELL AND VALVE BOX PLANS AND SECTIONS WETWELL SECTIONS AND ADDITIONAL DETAILS 17 STANDARD STRUCTURAL DETAILS 18 WETWELL STRUCTURAL PLAN AND SECTIONS 19 ELECTRICAL SITE PLAN 1,NOTES,FIXTURE SCHEDULE AND LEGEND ' 20A 20B ELECTRICAL SITE PLAN 2,DETAILS AND SCHEDULE PCP-POWER DIAGRAM 21 SOIL EROSION AND SEDIMENT CONTROL NOTES 22 SOIL EROSION AND SEDIMENT CONTROL DETAILS 23 SOIL EROSION AND SEDIMENT CONTROL SOILS AND VICINITY MAP 1 i • 1 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I. I Invitation to Bid Sealed bids will be received at this office until Tuesday,June 27,2017 @ 3:00 p.m.for furnishing: Bid Item#17-201 Rock Creek Relief Sewer for Augusta,GA-Utilities Department I Bid documents may be examined at the office of the Augusta,GA Procurement Department, 535 Telfair Street—Room 605, Augusta,GA 30901. Plans and specifications for the project shall be obtained by all prime contractors,subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are$115. I It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner Is providing the opportunity to view plans online(www.e-arc.com)at no charge through ARC Southern(706 821-0405) beginning Thursday, May 18,2017. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is Imaterial to the successful completion of the project. A Mandatory Pre Bid Conference will be held on Friday,June 9, 2017 @ 10:00 a.m. in the Procurement Department,535 Telfair Street,Room 605. IAll questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday,June 13,2017 @ 5:00 P.M. No bid will be accepted by fax,all must be received by mail or hand delivered. I 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. A 10% Bid Bond is required to be submitted along with the bidder's qualifications; a 100% performance bond and a 100%payment bond will be required for award. I Invitation for bids and specifications.An invitation for bid shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to,the number of copies needed,the timing of the submission,the required financial data,and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta,Georgia Commission for approval by the Augusta,Georgia Commission. Please mark BID number on the I outside of the,envelope. Bidders are cautioned that acquisition of BiD documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. I Correspondence must be submitted via mail,fax or email as follows: I Augusta Procurement Department Attn: Geri A.Sams,Director of Procurement 535 Telfair Street,Room 605 . Augusta,GA 30901 Fax: 706-821-2811 or Email:procbidandcontract@augustaga.gov No bid will be accepted by fax,all must be received by mail or hand delivered. I GERI A.SAMS,Procurement Director Publish: Augusta Chronicle May 18,25,June 1,8,2017 IMetro Courier May 24,2017 Revised:2/2/2016 I, I I I I I I I I I 1 I I I I I I I I I ISECTION IB INSTRUCTION TO BIDDERS IIB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal I 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. I 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 Icontract with the successful bidder. IB-02 EXAMINATION OF WORK I 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 I 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. IIB-03 AIMI)ENDA 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;535 Telfair Street,Suite 605;Augusta,GA 30901 by fax to 706 821-2811 I or by email to procbidanticontract@augustaga.gov by Tuesday,June 13,2017-0 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. Any and all such interpretations and any supplPntental instructions:will be in the form of written addenda to the I 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 priox 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 Iaddenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS IBids 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. IBidders 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. I 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. 'i. 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 I submitted as such,and shall not reveal the total amount of either the original or revised bids. IB-1 I I I I I I I I I I I I I I I I I U I IBids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD, The bids will be compared on the basis of unit prices,as extended, which will include and cover ' the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. ' Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations,they are not guaranteed. It is the responsibility of the CONTRACTOR to check all items of construction. In case of error in ' extension of prices in a proposal,unit bid prices shall govern. IB-06 BIDDERS OUAL] ICATIONS 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, a ' FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The OWNER may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and I data for this purpose as may be requested. The OWNER reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the contract and to complete the work ' contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. ' IB-07 PERFORMANCE BOND . At the time of entering into the contract,the CONTRACTOR shall give bond to the OWNER for the ' use of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due,of all just claims for such work,tools,machinery,skill and terms,for saving the OWNER harmless from ' all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER and authorized by law to do business in the State of Georgia. ' Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. ' IB-08 REJECTION OF BIDS' These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved,however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in.the best interest of the OWNER. IB-2 I I I I I I I I I I I I I I I I I I I i .. t' .. . ' SECTION PROPOSAL DATE: June 27 2017 ' Gentlemen: In compliance with you invitation for bids,the undersigned hereby proposes to furnish all labor, equipment and materials,and perform all work for the project referred to herein as: ' ITB 17-120 ROCK CREEK RELIEF SEWER, AIM PROTECT UB-2016-003 ' In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto and totaling: and o /100 dollars(4.20237.5 O. Z. 4 ' The undersigned hereby agrees that,upon written acceptance of this bid,he will within 10 days of receipt of such notice execute a formal contract agreement with the Owner,and that he will provide the bond or guarantees required by the contract documents. ' The undersigned hereby agrees that,if awarded the contract,he will commence the work within Ten(10)calendar days after the date of written notice to proceed,and that he will complete the work within TWO HUNDREDSEVENTY(270)calendar days after the date of such notice. ' The undersigned acknowledges receipt of the following addenda: Addendum No.Addendum Date ' 1 June 9, 2017 2 June 20, 2017 3 June 21, 2017 Enclosed is a bid guarantee consisting of Bid Bond in the amount of Ten Percent(10%) of bid amount • ' Respectfully Submitted, Legacy Water Group, LLC. Firm 10120 Roberts Way, Covington, GA. 30014 Addr-•. 4;Y. /441 `. Mark Jin o 1, 'TILE: President 1 01302-01R PROPOSAL PAGE 1 OF 1 1 I I I I . AUGUSTA UTILITIES DEPARTMENT I Rock Creek Relief Sewer Bid Schedule I item Description Estimated Units Unit t Price Total Price IWATER W-2 8"diameter ductile iron water transmission C main Class 350,restrained joint 50 LF 75 37 50 IJack and Bore 80 LF 16"diameter steel casing. W_3 Minimum wall thickness 0.312 inch,TO LF 8" , diameter restrained joint ductile iron carrier 1 LS 30 30000- I pipe,end seals,spacers,Class 350 included W-4 8"Plug,DIP Mechanical Joint 1 EA le— -le — W-5 Fire Hydrant,installed complete with valve, dM n _ " lead pipe,joint restraint,and blocking 1 3�c.J 3/� I Connect 8"DIP Connection to existing 6"water _ _ W-10 including 6 X 6 tapping sleeve with 6"valve, open right and valve box,8"x 8°reducer, 1 LS 5000 S000 complete. ISANITARY SEWER S-2 20'DIPS HDPE Forcemain DR 17 including #67 stone bedding,including fittings10,030 LF lot - `,O 2'3,O(O I S-3A 20"diameter ductile iron sanitary sewer,Class 250,restrained 100 LF 215- 2.1 50O S 3B 8"diameter ductile Iron sanitary sewer,Class _ 350,restrained 50 LF 85- 4 250 I Jack and Bore at Riverlook Drive 80 LF 30" S-4A diameter steel casing,Minimum well thickness �0— A y 0.312 inch,Carrier pipe included,20'diameter, 1 LS `t 50 9` HDPE pipe,DR17,complete. I Jack and Bore at CSX Railroad 90 LF 30" S 46 diameter steel casing,Minimum wall thickness 1 LS C�lw M 0.50 inch,Carrier pipe included,20"diameter, 49 5Qd` HDPE pipe,DR17,complete.I _ S-5A 8'45 Degree Bend,DIP Mechanical Joint 5 EA `5 0-75 ' S-59 8'90 Degree Bend,DIP Mechanical Joint 5 650- 4250 - . I S-5C 20'45 Degree Bend,DIP Mechanical Joint 5 �- ); 4 S-5D 20'90 Degree Bend,DIP Mechanical Joint 1 2150- 2-150- S-5E 20'x 20'x 20"Tee,DIP Mechanical Joint 1 4400- 4100 IS-SF 8'X 8'x 8'Wye,DIP Mechanical Joint 1 250 �j S-5G 20°x 20°x 8"Wye, DIP Mechanical Joint 1 S-12A Tie new Sanitary Sewer to existing manhole, Idiameter varies 2 EA 19 36 000- S..128 Tie new Sanitary Sewer to existing manhole including 24'Sanitary Sewer DIP per Detail 1 EA 9500_ p/ 500 1 5-24 AC Water Main Crossing Treatment 1 EA ZOO- 3 1006'X4'Concrete Discharge Box Including hatch, _ S-30 vent,steps,slide gale,20"diameter,HDPE LS q5-000, pipe with air vent and supports,complete. S O� I IAddendum 1 Bid 17-201 1 I I 6'X6'Concrete Valve Box including pipe,hatch, I vent,pipe support,20"Gate Valve with Electric 5-31 actuator per detail,complete with all electrical 1LS 54 000 54 000 r equipment operational. 10'X10'Concrete Valve Box including 2 I hatches,steps,vent,20"and 8"Mag Meters, 20"and 8"PIug.Valve and 20"and 8"Check S 32 Valves,pressure transmitter,pipe support,• 1 LS .a C _ ' O Q O sump pump and 1"sump pipe per detail, I complete. Wetwell Structure including 4 hatches,vent, ladder,pig drop cage,pumps and guides,8" S-33 riser pipes,radar level transmitter and 1 I submersible pressure transducer per detail, LS Q 20.'DOD" { 2'0.O co complete and Operational. Air Release Valve&Precast Sanitary Manhole, _ _ I S-34 GDOT STD 1011A,Type 1,All depths(72" 9 EA (I 5� 03 1 diameter)per detail,complete. S-35Remove and Replace 25 LF 4"PVC Sanitary 1 LS 5— 5 115 Sewer including new 4"cleanout,complete. 30"Steel Casing.Minimum wall thickness I S-36 0.312 Inch,placed. 20 LF 95 3 q00. Wet Crossings including Carrier Pipe 20" _ — S-37 diameter HDPE Pipe,DR17 Forcemain, 390 LF 525 2.04 7 550 I Complete. 24'Gate Valve with Riser and Control Wheel — S-38 and Mega-Flanges per detail at Sta.107+48, 1 LS 37 / 37 octo complete. I 4'x 6'Concrete Box Including Pipe,Hatch, S-39 Channel Monster Per Detail,Complete within 1 LS 1dv t00- ) C)O" 0 00 _ all Electrical Equipment Operational. S-40 Tie 20"sanitary sewer DIP to existing 24"gate 1 LS (p']� (a 700valve I PAVEMENT STRUCTURES - IP-1 Asphalt overlay,type F, 1 1.4"thick,minimum 7,290 SY 20/ 145 9Y _ Concrete Sidewalk 5'wide concrete sidewalk P-5 (per Detail in Specifications)18"from 1 Lake LS38 J�OQ 3Je 500 I Shore Loop edge of asphalt from ST 0+00 to ST 6+00 and from ST 9+00 to ST 13+89 6"thick concrete driveway replacement, A P-6 replace In kind,3000 psi mix 55 SY 13 4- O!5 IP-7 Asphalt driveway replacement 40 SY _r4 — Z (pO P-8 Curb and/or Gutter 20 LF i o- 14'o Asphalt Patch Including 8"Thick Concrete Cap IP-10A with 12"Bridge Each Side of Trench and 2,180 SY $5 S5 300Placement of Bituminous Tack Coat Asphalt Patch Including 8"Thick Concrete Cap _ P-10B with 24"Bridge Each Side of Trench and 100 SY °/0 7 000 IPlacement of Bituminous Tack Coat I I IAddendum 1 Bid 17-201 I I I I I I I I I I I I I I I I I I I I I I MISCELLANEOUS M-1 Flowable FIJI for Aborted Bores 50 CY 150 _ '7 5C0 • M-2 Class A Concrete 35 CY 650' 22'750 I M-3 Rock Excavation 100 CY 1(j 10 QCO M-4 Select Refill Material 100 CY , 65 6 500 M-5 Clearing&Grubbing 1 AC I 1 O00 I 1 000 I M-6A Fence Removal and Replacement 860 LF 20 2407 • M-6B Wall Removal and Replacement 100 LF 85 8 500 I M-8A Concrete Pier per detail,complete. 2 EA 47509 50:34M-8B Concrete Slabs for Aerial Crossing including 2 (6,�C- 42 steel straps per detail,complete. L50 :l J M-g Foundation backfill,GA DOT Type II,for 6,200 CY j " 62W ' additional unclassified excavation M-10 Borrow Material 100 CY ' 17- 'Z - M-11 Rip-Rap,Placed 100 SY 45) - 4$0O I M-12 Aggregate Base 12"thick,placed 25 CY 52c^ 1300 M-13 Fence 6'chain link with 3 strand barbed wire, 400 LF (5 ` complete - - M-14 Double Gate for Chain Link Fence 1 EA 3640- ci(pp- IM-15 Bridge Supports for 20"HDPE Sanitary Sewer 1 LS �1 t� � per detail including steel straps,complete. X53 sw 5 I ELECTRICAL Electrical for Site Plan 1 including electrical rack,LA panel,conduit,wiring,service pole E-1 1 LS _ Iand grounding per detail installed complete and ( s 1 15500 operational. Electrical for Site Plan 2 Including shelter, electrical rack,panel MP and VFD installed, _ _ I E-2 transmitters and LCP-1,lighting,poles,conduit 1 LS !_A 64and wiring,service pole,and grounding per �D"�' coo detail installed complete and operational. instrumentation programming and checkout for _ I E-3 LCP-1,RTU and all appurtenances for 1 LS 1�fl�o tip` I 50,o db— complete and operational system. LUMP SUM CONSTRUCTION ILS-1 Mobilization,Demobilization 1 LS , ( - LS-2 Bonds,Insurance 1 LS 5Q 50 000- LS-3 Temporary Erosion and Sediment Control 1 LS 55 55 0$c I LS-4 Traffic Control 1 LS 4000- 4 000- LS-5 Permanent Grassing 1 LS 10 WO- (Q 0010 - I LS-6 As-Built GPS Survey 1 LS I 5 Qrt�` 15000 LS-7 Owners Allowance 1 LS $300,000.00 $300,000.00 LS-8 CSX Railroad Flagging and Inspection I LS $50,000.00 $50,000.00 Allowance _I GRAND TOTAL 4. 2.,. ... ,-- 0, 2 08 I IAddendum 1 BId 17-201 I I I I I I I I I I I I I I I I I I I 1 SECTION BB BID BOND KNOW ALL MEN BY THESE PRESENTS,that we,the LEGACY WATER GROUP,LLC TRAVELERS CASUALTY AND SURETY as Principal, COMPANY OF AMERICA and as Surety, ' are hereby held and firmly bound unto the Augusta,Georgia Commission of Augusta, Georgia as Owner in the penal sum of TEN PERCENT(10%)OF THE AMOUNT OF THE BID-- ' for the payment of which,well and truly to be made,we hereby ' jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns. Signed this 27TH day of JUNE ,20 17 The condition of the above obligation is such that whereas the Principal has submitted to the ' Augusta,Georgia Commission of Augusta,Georgia,a certain Bid,attached hereto and ' hereby made a part hereof to enter into a contract in writing for the ROCK CREEK RELIEF SEWER, AUD PROJECT UB-2016-003 for Augusta,Georgia in accordance with plans and specifications of the AUGUSTA UTILITIES DEPARTMENT. NOW,THEREFORE, (a) If said Bid shall be rejected,or in the alternate, ' tb) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said ' Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the ' acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. 1 BB-I 1 1 1 1 1 1 I IThe Surety,for value receive,hereby stipulates and agrees that the obligations of said Surety ty Iand its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid;and said Surety does hereby waive notice of any such extension. I IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first set I forth above. Signed and sealed this 27TH day of JUNE A. D. 2017 . 1 c Witness ja..c,v. `1',14,4,1--(„ LEGACY WATER GROUP,LLC (Seal) 4ictrer. AA•-Kimblt (Principal) I Attest ,, .�.. %: - , t al) 00, -r b[r, Sect-ear/I. nel c r t{ e , Acecttt O, ) Pres i do ci1- ` TRAVELERS CASUALTY AND SURETY Witless �+1.t, COMPANY OF AMERICA (Seal) I DIANE L.PHELPS (Surety) ' Attest I uC/s-v�` %' 4 -(Sea1), ` ' By a ELI BETH DAWSON WILLIAM A.KANTLEHNER,III Title I ATTORNEY-IN-FACT ( ) I I I I BB-2 I I I I I I I I I I I I I I I I I I I I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company IAttorney-In Fact No. 231527 Certificate No. 007145384 I + KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St.Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa.and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the I i laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Steven M.Garrett,William A.Kantlehner III,Thomas J.Mitchell,Jeffrey A.Brown,Diane L.Phelps,S.Annette Mullet,Roger A.Neal, Andrea Cortes,Ryan P Mitchell,and Andrew G.Windhorst,Jr. of the City of Louisville ,State of Kentucky ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of I contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Not limited to a specific dollar amount. I IN'WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 6th day of March 2017 . Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company I • risioN p2d'v.'Wr•� .ive"`r�ac64' O`� a.,., _,q,� a V,'414,o1w—n.e>r' fin �`N tm' iQA.:;-,-„!,,,,,ozr *s //R�' earlyy° °� .Z�r98Z� O /g i i3wiyR....AT`.� :2111 FtlRrA1H0. �t3%44,4$ a ' , 1.951 - gjt:i�" �'•$E .,, .o• o � t6 y. 1..° 1,� }Y, 'ia' -''ice. 7s., ALilof •ate SBRL'e '� ,�4t�` qct/u.®It •. L s.+: • .ra A,,�Mc 1S.ANS ,,Y..,,..t•� 6 . I?AINe I i State of Connecticut ��� By: City of Hartford ss. Robert L.Raney,Senior Vice President I .. On this the 6th day of March , 2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers ICasualty and Surety Company of America.and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IIn Witness Whereof,I hereunto set my hand and official seal. ,e, � C , iMy Commission expires the 30th day of June,2021. C� * Marie C.Tetreault.Notary Public NJ- CVP 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I I I I I I I I I I I I I I I I I I I I SECTION A I AGREEMENT AGREEMENT 1_. This AGREEMENT,made on the 18th day of July,los,by and between I AUGUSTA,GEORGIA,BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION,party of the first part,hereinafter called the OWNER,and Legacy Water Group,LLC, party of the second part,hereinafter called the CONTRACTOR. I V WITNESSETH,that the Contractor and the Owner,for the considerations hereinafter named, agree as follows: ARTICLE I-SCOPE OF THE WORK The Contractor herebyagreesto 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: ROCK CREEK RELIEF SEWER AUD PROJECT UB-2o16-oo3 I and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached,which are hereby made a part of this agreement. ARTICLE II-TIME OF COMPLETION-LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 14 calendar days after the date of written notice by the Owner or the Contractor to proceed.All work shall be substantially completed within 240 calendar days with all such extensions of time as are provided for in the General Conditions. Substantial completion shall be defined as sewer being in service. Final completion shall be 30 days after substantial completion. I_ 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 I- within the time specified.It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same,taking into consideration the average climatic range and construction conditions prevailing in _ this locality. IIF 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 Four Million, Two Hundred I Fifty Thousand. Two Hundred Eight and no/too ($4.25o.208.00)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. I I A-1 I 1 1 1 1 1 1 1 i 1 1 1 1 I The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would,in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work,the new time limit fixed by extension shall be the essence of this contract. ARTICLE III—PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the BID FORM and Schedule of Items.No variations shall be made in the amount except as set forth in I _ the specifications attached hereto. (B) Progress Payment I - On no later than the fifth day of every month,the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month,together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment,the Owner shall after deducting previous payments made, pay to the Contractor 9o% of the amount of the estimate on units accepted in place.The io% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE W-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 through no fault of the Contractor,and the Engineer,so certifies,the Owner shall upon certification of the Engineer,and without terminating the Contract,make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment,except that it shall not constitute a waiver of claims. A-2 I 1 1 1 1 I I I IN WITNESS WHEREOF,the parties hereto have executed this Agreement in each of which shall be deemed an original,in the year and day first mentioned above. . .'Nt. OWNER:AUGUSTA,GEORGIA p.: 41.1,".coal 10/0:%,40 1 I ' f ,-4-.-. AP Ate 4*.tioirroa.'P 1) 44 iv ..,-, eP ea eit r ',-.4,• -- A I11*• ' 07(,,,,,r,eri 0 ir I By: Bi-fr. 12.PiriAitilAt , : 0 S ;. ' , -- • #, - --,,,, a 4, 01 :' __ % ---4',: --...,,--..:,--..,.;:,,;_f.--4 • (aft The Honorable Hardie Davis,Jr. Lena Ji,Bonnet tz,,, tt, Rs it: / ®® 606 Mayor q"11°4- lb APPROVED Date: Dike?, if / Ni' . tY A 1 f ITO FORM: DEPARTMENT APPROVAL I -wer-,,,,,e• .1`7*".,7.',V,"'''',"1,?,4_, ''4 _ I By: A , kerti Thomas D.Wiedmeier Attorney4 7 Director,Augusta Utilities Department I - Date: 2-, 1 Date: e/i6 ii? CONTRACTOR: LEGACY WATER GROUP,LLC I a Al I EST: / SEAL By: A I - tiktki06=1 By: .d" / A A / Name: Mark J. Accetturo Name: Gary H. Harber Title: President Title: Secretary 1 ..._. Date: Date: __... I I I ..._ I I_ _ A-3 I t I I ,UG - NOTICE OF AWARD DATE: ICONTRACTOR: Legacy Water Group,LLC ADDRESS: 10120 Roberts Way ICovington GA 30014 City State Zip Code I — PROJECT: ROCK CREEK RELIEF SEWER PROJECT NO: AUD PROJECT UB-2016-003 IAt a meeting of the Augusta held on(Date) 07/18/2017 - Commission you were awarded the Contract for the following Project I — ITB 17120 Rock Creek Relief Sewer I _ Enclosed please find 5 copies of the Contract Documents for your execution. Please complete the pages,affixing signatures,dates,notary and/or corporate seals,etc.where necessary and return to this office within 10 days from the date of this letter,excluding Legal Holidays. The Certificate of Insurance must be complete. I — Power of Attorney must be submitted in triplicate;an original and two copies is permissible. Very truly yours, tProject Engineer Ieciept of this NOTICE OF AWARD is hereby acknowledged this, day of , 20 Legacy Water Group, LLC ' 9 y P� OA l: � dill' V \ President I — Contractor -rk J. ' - uro �=, , — Tee Please sign and return one copy of this Notice of Awar' 'cknowledgement to: Augusta Utilities Department 360 Say Street,Suite 180 Augusta,GA 30901 I I 1 I II I 1 I I I I I I I I I I I I I I I 1 pUGUS NOTICE TO PROCEED ii fORG DATE: TO: Legacy Water Group,LLC ' Attn: Mark J.Accetturo 10120 Roberts Way ICovington,GA 30014 ' PROJECT: ROCK CREEK RELIEF SEWER AUD PROJECT PROJECT NO: UB-2016-003 111 You are hereby notified to commence WORK in accordance with the Agreement dated July ly 1 8,2017 ' on or before ,and you are to complete the WORK within 270 consecutive calendar days thereafter. The date of completion of all WORK is therefore ' Very truly yours, Augusta Utilities Management Team Project Engineer Receipt of this NOTICE TO PROCEED is hereby acknowledged This,the day of Contractor: By: Title: Please sign and return one copy of this Notice to Proceed Acknowledgement to: Augusta Utilities Department Attn: 1 360 Bay Street,Suite 180 Augusta,GA 30901 I 1 0802-01 R NTP.DOCX I I I I I I I I I I I I I I I I I I I I I AlIlk I TRAVELERS J Bond&Fi nancial Products 280 East 96th St.,Suite 300 I Indianapolis,IN 46240 Phone: (317)818-0188 Fax: (866)216-5980 August 2, 2017 Augusta Utilities 535 Telfair Street Augusta, GA 30901 IRE: LEGACY WATER GROUP, LLC PROJECT: Rock Creek Relief Sewer BOND NO.: 106772805 I To Whom It May Concern: I This letter will serve to confirm that as the surety representative of the Travelers Casualty and Surety Company of America, the surety company listed on the above referenced Performance & Payment bonds, it is acceptable to the surety for a representative of either the Augusta Utilities or engineer to date the bonds, and I corresponding powers of attorney. At the time the bonds were issued, it had been determined a contract date had not been issued; therefore, if there is not a contract date, it is standard industry practice not to date the bonds, and corresponding Ipowers of attorney prior to the contract date. If you have any questions or concerns relating to this matter, feel free to contact our office at the address/telephone number listed below. ITRAV LERS CASUA TY AND SURETY COMPANY OF AMERICA 2i // -,,- 1111 William A. Ka ehner, II Authorized Surety Representative IC/o Garrett-Stotz Company 1601 Alliant Avenue Louisville, KY 40299-6338 I PH: (502)415-7000 FAX: (502)415-7002 I I I t ' SECTION PB PERFORMANCE BOND ' BOND NO. 106772805 ' (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3,IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) ' KNOW ALL MEN BY THESE PRESENTS: That Legacy Water Group,LLC as Principal, hereinafter called Contractor,and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation organized and existing under the laws of the State of CONNECTICUT ,with ' its principal office in the City of HARTFORD ,State of CONNECTICUT hereinafter called Surety,are held and firmly bound unto AUGUSTA,GEORGIA BY AND THROUGH THE AUGUSTA COMMISSION as Obligee,hereinafter called the Owner,in the ' penal amount of Four Million,Two Hundred Fifty Thousand,Two Hundred Eight and no/100 Dollars($4,250,208.00)for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by these presents for the faithful performance of a certain written agreement. WHEREAS,Contractor has by said written agreement dated July 18,2017 entered into a contract with Owner for the ROCK CREEK RELIEF SEWER,AUD PROJECT UB-2016-003 in accordance with the drawings and specifications issued by the Augusta Utilities Department and the Augusta-Richmond County Commission,which contract is by reference ' made a part hereof,and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. ' Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default,or shall promptly ' (1) Complete the CONTRACT in accordance with its terms and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, ' and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner,and make available as Work progresses(even though there should be a default a succession of PB-i 1 I , Idefaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price;but not I exceeding,induding other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.The term"balance of the contract price,"as I used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor Any111 suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. I No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or I successors of the Owner. I Signed and sealed this day of A. D.20 . I Witness2' Le a GA � BE� � g c3'Water Group,LLC(Seal) I (Contractor) Attest �TV�• tL './ r (Seal) KAREN M. KIMBLE MARK J.ACCETTURO (Title) PRESIDENT It TRAVELERS CASUALTY AND SURETY Witness ( COMPANY OF AMERICA DIANE L. PHELPS (Seal) I l4 (Sure Attest , ANDREA ]3y (Seal) ' CORTES WILLIAM A. KANTL 'NER,III (Title)ATTORNEY-IN-FACT I COUNTERSIGNED BY: of 7 !�.r_ is GARY D.)7U ..6, MARSH U S A I 3560 L OX ROAD NE,SUITE 2400 ATLANTA,GA 30326 I I PB-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' SECTION PB LABOR AND MATERIAL PAYMENT BOND ' BOND NO. 106772805 ' NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-I,IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) KNOW ALL MEN BY THESE PRESENTS: ' That Legacy Water Group,LLC as Principal, hereinafter called Contractor,and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 1 a corporation organized and existing under the laws of the State of CONNECTICUT with its principal office in the City of HARTFORD , State of CONNECTICUT as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION,as Obligee,hereinafter called the Owner,for the ' use and benefit of claimants as herein below defined in the amount of Four Million, Two Hundred Fifty Thousand, Two Hundred Eight and no/100 Dollars ($4,250,208.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. WHEREAS,Contractor has by written agreement dated July 18,2017 entered into a contract with Owner for the ROCK CREEK RELIEF SEWER,AUD PROJECT UB-2016-003 in accordance with drawings and specifications issued by the Augusta Utilities Department and ' Augusta-Richmond County Commission,which contract is by reference made a part hereof,and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a ' subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, ' telephone service or rental of equipment directly applicable to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such I PB-3 1 1 i 1 1 1 1 I Iclaimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for the use of such claimant,prosecute the suit to I final judgement for such sum or sums as may be justly due claimant,and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. I (3) No suit or action shall be commenced hereunder by any daimant, I (a) Unless daimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such Iclaimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the I materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the I Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is I located,save that such service need not be made by a public officer. (b) After the expiration of one ( I) year following the date on which Contractor I ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to I be equal to the minimum period of limitation permitted by such law. C) Other than in a state court of competent jurisdiction in and for the county or I other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in I which the project,or any part thereof,is situated,and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or I payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. I I I I PB-4 I t t 1 Signed and sealed this day of A.D.20 Witness / ��/ Legacy Water Group,LLC(Seal) GARY ,`%'.c=rE (Contractor) :�1�� Attest Q/1 firk .l c.f � y ;' r k (Seal) KAREN M. KIMBLE'ry'). MARK J. TTURO � e -PRESIDENT 1 TRAVELERS CASUALTY AND SURETY Witness SISIktiv.k.- SO+ COMPANY OF AMERICA (Seal) DIANE L. PHELPS (Sure ) c. Attest ez4 By (Seal) ' WILLIAM A. KAN , II ATTORNEY-IN-FACT ANDREA CORTES (Title) COUNTS GNED BY GAR D.EKL D, ARSH U S A ' 3560 LENOX ROAD NE,SUITE 2400 ATLANTA,GA 30326 1 1 i 1 1 1 1 1 ' PB-5 I 1 I I I I I I I I I I I I 1 I I 1 I IWARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Aok POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company I Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 1 Attorney-In Fact No. 231527 Certificate No. 007288196 IKNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the Ilaws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Steven M.Garrett,William A.Kantlehner III,Thomas J.Mitchell,Jeffrey A.Brown,Diane L.Phelps,S.Annette Mullet,Roger A.Neal, Andrea Cortes,Ryan P Mitchell,and Andrew G.Windhorst,Jr. I Iof the City of Louisville ,State of Kentucky ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of Icontracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Not limited to a specific dollar amount. IIN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 7th day of July 2017 I Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company I, GASU^, Qq"W.,,y�.`,,� 7r r aElRExe �e �. r. 0 '� V',War.� � Y Q�hy4 L�TN..i/(SG j INSUq"+.4 Pt<A/y0c. wMYW Y O�(,0�`,, i. [[[[TTTT P E� < '!< O:' •.9 }JP,..........9 yJ s (a. a-•'ry YY' e 1982 * DRAT ,. m° �r 'r r aoA �P � �.. �9!/ ED v. t4,r+r ... m I :m:GOA TE':.S�s �'z .� '19Jr1 _ IL� YE111::-/Pi n; �`: "A :of a HARTFORD, < diii. ,e A RD �` a I `jO.'1NFc" S eyt. l s 0p,� w CONNo >�` CONN. p 1896�'�' �� ./ 1' ('r ,�� °An�xnHcc ^ y 'a o._.... 'dn >e of s a� l ._�...•�e q, ,,+ t"7'00 �'I!7 AtN I State of Connecticutlij By: c _ 7 City of Hartford ss. Robert L.Raney,Senior Vice President IOn this the 7th day of July 2017,before me personally appeared Robert L.Raney, acknowledged who acknowled ed himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul IFire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. I "T: In Witness Whereof,I hereunto set my hand and official seal. T \ " C , My Commission expires the 30th day of June,2021. �PUMA * Marie C.Tetreault,Notary PublicWw I41/4 58440-5-16 Printed in U.S.A. I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may 1 delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking 1 shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 — 1 IKevin E.Hughes,Assistant Sec tary I ����}�y/ ckU-l�•r✓ F\RE 6 �N INCo QTY AHQ 9 GI.5Uq �py�•• `_.. 1. w Yb .........,:,;,..1r '1..... R,,,,,\ J,, ....�Y 'O Os' nn�(1� C1V-' �� t' .l'.f L yC,. {`J p 9 4 (� Q "Yt aG 4--- i, 4 P r�QRPQRA�Fix�Q' TlP09A C. V 3 ' t' ro -,"ORATED`• m of : e+ mi`A Tf';r'} !WATFCRD. < 1 9 8 2 CO � �� 'F F _•- :o- l a HARTFORD, 1896 T3 1977 E 'er n, t�' 'Q COHH. Q cow+. c 7 I �$ 1951 i SEALso; 'o..SBAL,;r o `. 01 �b ,D ~ N ks .s Go. '`a. ....V"'rf aD >d +a! 1 �y f•� % e� „, 1S.ANS 15..._...�,� e1 . ,. AN'i To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. I 1 1 1 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I I �..1 LEGAC-1 OP ID:CGH '4�REY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/02/2017 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 NAMEACT Colleen Hickman Garrett-Stott Company PHONE 1601 Alliant Avenue (ANC,No.Est):502-415-7034 FAX No):502415-7000 Louisville,KY 40299 E-MAILSS:cghickman@garrett-stotz.com I INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Amerisure Mutual Insurance 23396 INSURED Legacy Water Group,LLC INSURER B:Federal Insurance Co. 20281 10120 Roberts Way Covington,GA 30014 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: I 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 ADDL SUBR POLICY EFF POLICY EXP I LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X CPP2092785 06/01/2017 06/01/2018 DAMAGE O aRENTED a occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) _ $ 5,000 1 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PELT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ _ A X ANY AUTO X )( CA2092784 06/01/2017 06/01/2018 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED — —. AUTOS AUTOS BODILY INJURY(Per accident) $ I X HIRED AUTOS X ANONOSWNED PROPERTY DAMAGE $ _ JPER ACCIDENT) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 6,000,000 A EXCESS LIAB CLAIMS-MADE X X CU2092787 06/01/2017 06/01/2018 AGGREGATE $ 6,000,000 IDED X RETENTION$ -0- $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N WC2093486 06/01/2017 06/01/2018 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N N/A I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 B Leased/Rented 6704956 06/01/2017 06/01/2018 Per Item 500,000 B Installation Float 6704956 06/01/2017 06/07/2018 Per Job 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Bid Item #17-201 Rock Creek Relief Sewer for Augusta, GA - Utilities Department ISee attached. 1 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I Augusta Pocurement Dept Director of Procurement THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Geri A.Sams 535 Telfair Street, Rm 605 AUTHORIZED REPRESENTATIVE Augusta,GA 30901 ` t. l„ -ZE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 1 1 NOTEPAD. HOLDER CODE LEGAC-1 PAGE 2 INSURED'S NAME Legacy Water Group,LLC OP ID:CGH Date 0802/2017 Augusta, GA Commission Augusta Procurement Department, 535 Telfair St., Rm 605, Augusta GA 36901 listed as additional insured on the GL, Auto and Umbrella policies as required in written contract. Coverage is primary and non-contributory. Waiver of Subrogation applies as required by written contract. Agency provides 30 days notice of cancellation except for non-payment of premium and at the insureds request. I 1 I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I CONSTRUCTION CONTRACT CHANGE ORDER CO NUMBER BIDITEM 1113 17-120 DATE PROJECT TITLE ROCK CREEK RELIEF SEWER I ORIGINAL CONTRACT DATE PROJECT AUD PROJECT NUMBER UB-2016-003 IPO AUGUSTA,GEORGIA 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 I PAYEE TOTAL AMOUNT OF THIS CHANGE ORDER $ ' The contract time will be INCREASED by 0 calendar days as a result of this change. ORIGINAL CONTRACT AMOUNT $ 4,250,208.00 PREVIOUS CHANGE ORDER(INCREASE) $ I THIS CHANGE ORDER(INCREASE) $ TOTAL REVISED CONTRACT AMOUNT WU.H CHANGE ORDER $ IFUNDING NUMBER/ACCOUNT NUMBER I PROPOSFT)BY: DATE: CONTRACTOR I REQUESTED BY: DATE: ENGINEER ISUBMITTED BY: DATE: DEPARTMENT HEAD IFINANCE ENDORSEMENT: DATE: COMPTROT.Ti R I DATE: RECOMMENDED BY: ADMINISTRATOR I APPROVED BY: DATE: MAYOR I I I U I I I I I I I I I I I I I I I I I I I I lE..i..... _a2 ,ourust :Z IGENERAL CONDITIONS ARTICLE I—DEFINITIONS I 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: I 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. IAgreement-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 I 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 I to be performed. Bonds-Bid,performance and payment bonds and other instruments of security furnished by CONTRACTOR Iand 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 1 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 I 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 I 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 I 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 IAgreement for the completion of the Work. CONTRACTOR?The person, firm or corporation with whom OWNER has entered into the Agreement ICOUNTY-Richmond County, Georgia,or Augusta, Georgia,political subdivisions of the State of Georgia,the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. I 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, Iand Christmas Day. Defective-An adjective which,when modifying the word Work, refers to Work that is unsatisfactory,faulty or GC-1 I Page.1 of 52 I t.evlszen :ate reagtat deficient, does not conform to the Contract Documents,or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL'S recommendation of final payment,unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective,but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta,Georgia. Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications,but which does not involve a change in the Contract Price or the Contract Time. 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 notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) ' fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER-Augusta, Georgia, and the Augusta-Richmond County Commission. Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. ' PROGRAM MANAGER—The professional firm or individual designated as the representative or the OWNER. who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. I Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract Project Manager-The professional in charge, serving OWNER with architectural or engineering services,his successor,or any other person or persons,employed by said OWNER,for the purpose of directing or having in charge the work embraced in this Contract Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations,schedules and other data which are specifically prepared GC-2 Page 2 of 52 1 1 - j lnJu.IbC ' by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. ' Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construction systems,standards and workmanship as applied to the Work and certain administrative details applicable thereto. ' Subcontractor-An individual,firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed"as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-All pipelines,conduits,ducts,cables,wires, manholes,vaults,tanks,tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed ' underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products,telephone or other communications,cable television,sewage and drainage removal,traffic or other control systems, or water. Unit Price Work-Work to be paid for on the basis of unit prices. 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 ' Page 3 of 52 1 August . 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: I 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. GC-4 Page 4 of 52 ' 1 I 3r:cstcr. ..T. `cc :S:_ 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER,with copies to I 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. 1 Pre-construction Conference: I2.8. 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. IFinalizing Schedules: I 2.9.At least ten days before submission of the first Application for Payment,a conference attended by CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No I 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 • Ispecified 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 I reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for I 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 I I I I I I - GC-5 IPage 5 of 52 I 1 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: 1 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 I 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). 111Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 3.4. Reference to standards,specifications,manuals or codes of any technical society,organization or association,or to the Laws or Regulations of any governmental authority,whether such reference be specific or by implication,shall mean the latest standard,specification, manual,code or Laws or Regulations in effect at the time of opening of Bids(or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict,error,ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict,error,ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.6.The Contract Documents may be amended to provide for additions,deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal Written Amendment, 3.6.2. a Change Order(pursuant to paragraph 10.3), or GC-6 Page 6 of 52 I ilevcalcr.:ace =1PU3: _ 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. 1 1 1 1 1 1 1 GC-7 Page 7 of 52 1 ?.a,15‘. :ate 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, 111PROFESSIONAL, or any of PROFESSIONAL'S Consultants with respect to: 4.2.2.1.the completeness of such reports and drawings for CONTRACTOR'S purposes,including but not limited to,any aspects of the means, methods,techniques,sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any"technical data"or any such data, interpretations, opinions or information. 4.2.3. If conditions are encountered,excluding existing utilities,at the site which are(1)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR'S cost of, or time required for, performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified,the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be GC-8 Page 8 of 52 <:•_SC�Zl:< :L•CL•5. _t_. performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2.The cost of all of the following will be included in the Contract Price and CONTRACTOR shall ' have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities during construction,for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall,promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to ' OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20.CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which ' CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: ' 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: ' GC-9 Page 9 of 52 1 4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or 111 Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR,Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.6 CONTRACTOR shall immediately: (i)stop all work in connection with such hazardous condition ' and in any area affected thereby(except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action,if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice(i)specifying that such condition and any affected area is or has been rendered safe for the resumption of Work,or(ii)specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any,in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions,then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment,if any,in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. 1 1 1 1 GC-10 Page 10 of 52 1 lerls1=r1:Ate 19.15C 2.._ ' 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 I signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. ' 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured)which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1,CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR'S Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents,whether it is to be performed ' or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: ' 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; GC-11 ' Page 11 of 52 1 I I 5.3.3. Claims for damages because of bodily injury, sickness or disease,or death of any person other r 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 r 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 r 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 I 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. r 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 r 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 I evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: I 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. r OWNER`s Liability Insurance: - I 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and,at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. I Property Insurance: r 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, r 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 r mischief, collapse and water damage, and such other perils as may be provided in the Supplementary GC-12• I Page-1,2 of 52 r I Ienuaus: ':•:'1 I Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property(including but not limited to fees and charges of PROFESSIONALs, architects, attomeysand other PROFESSIONALs). If not covered under the"all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and I 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 I 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 Iendorsement 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. I 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 Ibe 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. I 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 I procured by OWNER. IWaiver 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 I 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 I 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. I 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 I the perils covered thereby.Accordingly,ail 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 PROFESS1ONAL's consultant, OWNER will obtain the same, and if such waiver forms 1 are required of any Subcontractor, CONTRACTOR will obtain the same. GC-13 I Page 13 of 52 1 C)1 Receipt and Application of Proceeds: I 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: 1 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 1 employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and GC-14 Page 14 of 52 gs ='C 1 expenses, including attorneys'fees, arising out of or resulting from the performance of its Work,provided that any such liability, claim, suit, demand, damage, loss, or expense(a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR,any Subcontractor, anyone ' directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable,whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. in any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable,the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for ' CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts,or other employee benefit acts. ' 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and against all claims, suits, demands,damages, losses expenses(including attorneys' .fees)arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. 1 1 1 1 1 1 1 GC-15 Page 15 of 52 1 1 1.3 :. _ ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 1 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods,techniques,sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method,technique,sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident superintendent,who shall not be replaced without written notice to OWNER and PROFESSIONAL except under extraordinary circumstances.The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR.All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: , 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site.Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents,all Work at the site shall be performed during regular working hours,and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery,tools,appliances,fuel, power, light, heat,telephone,water,sanitary facilities,temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution,testing, initial operation, and completion of the Work as required by the Contract Documents. , 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL,CONTRACTOR shall furnish satisfactory evidence (including reports of required tests)as to the kind and quality of materials and equipment.All materials and equipment shall be applied,installed,connected,erected, used,cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL,or any of PROFESSIONAL'S consultants,agents or employees,any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. GC-16 Page.15 of 52 1 I I eru_cr._ate August _.-. ISubstitutes or"Or-Equal"Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier,the naming of the item is intended to I 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 Ior 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, I 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. IThe 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 I 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 I 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, I sequence,technique or procedure of construction acceptable to PROFESSIONAL,if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalentto that indicated or required by the Contract Documents.The procedure for review by PROFESSIONAL will be similar I 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 I 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 I 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 1 the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. • Concerning Subcontractors, Suppliers and Others: I6.8.1. 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. I 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. I GC-17 Page 17 of 52 • I 1 tZa.e1 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSiONAL's acceptance(either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents)of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing orfumishing 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. I 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11.CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention,design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims,damages,losses and expenses including attorneys'fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention,design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work.All permit costs shall be included in the base bid. Permits, if any,that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting GC-18 Page 18 of 52 1 Revision :n:e process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and ' Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations,it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws,ordinances, rules,and regulations and without such notice to ' the Project Manager, it shall bear all related costs. Taxes: 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 ail property not designated for alteration by the Contract Documents. 1 1 ' GC-19 Page 19 of 52 1 1 Fe: r-=ncc ._ 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner 1 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: I 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 ail 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. 1 Emergencies: GC-20 Page 20 of 52 , I 1 'G:'_3= 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ' PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a ' Work Change Directive or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any person on the Site,whether or not such person was engaged in the construction of the Project,and shall file a written report on such,person(s)and any other event resulting in property damage of any amount within five(5)days of the occurrence. ' 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. ' Shop Drawings and Samples: • 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data ' shown on or with the submittals will be complete with respect to dimensions,design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. ' 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the I information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and ' OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers,and similar data,and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. ' 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated with the submittal process will be considered for time extensions only,and no damages or additional compensation for delay will be allowed. 6.24.2. Before submission of each Shop Drawing or sample,CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract ' Documents. ' GC-21 Page 21 of 52 I 1 ce August _Rev OC, 6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written I notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each.Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL'S review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents)or to safety precautions or programs incident thereto.The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. PROFESSIONAL'S approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL'S attention to each such variation at the time of submission and the OWNER has given written approval to the specific deviation;any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to PROFESSIONAL'S review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. 1 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 GC-22 Page 22 of 52 1 let 131.1 _Sze nLS.:E:meati injury, sickness, disease or death, or to injury to or destruction of tangible property(other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, ' regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. ' 6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR,any Subcontractor,any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. ' 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. . . 1 1 1 1 GC-23 Page 23 of 52 1 ;a::aicr..aca ;wc: _ ARTICLE 7---OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces,have , other work performed by aided OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents,written notice thereof will be given to CONTRACTOR prior to starting any such other work,and,if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof,CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work.CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other .. contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility OWNERs and other contractors. 7.2. If any part of CONTRACTOR'S Work depends for proper execution or results upon the work of any such other contractor or utility OWNER(or OWNER),CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR'S failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site,the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. ' 1 1 GC-24 Page 24 of 52 t 1 1 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 IDrawings and Specifications. 8.5. OWNER's responsibilities in respect ofpurchasing 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. ' paragraph 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in 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. 1 1 GC-25 Page 25 of 52 1 • 1 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 entities it to an increase in the Contract Price and/or Contract Time,CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in Work: ' 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly.If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. GC-26 Page 26 of 52 I I I Rejecting Defective Work: I9.6. PROFESSIONAL will have authority to disapprove or Work which PROFESSIONAL reject believes to be defective and will also have authority to require special inspection or testing of the Work as I provided in paragraph 13.9,whether or not the Work is fabricated, installed or completed. IShop 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. I9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12. I 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. IDeterminations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work I 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 I 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: I 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 I 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 I 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 I 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 I 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 I been waived by the making or acceptance of final payment as provided in paragraph 14.16)will be a condition GC-27 Page 27 of 52 I I 1 1 .e.:1l1O:: _ace .uavxc :001 precedent to any exercise ci byOWNER or CONTRACTOR of such rights or remedies as either may otherwise ' have under the Contract Documents or by Laws or Regulations in respect of any such claim,dispute or other matter. Limitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL'S authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any agents or employees, or any other persons performing any of the Work. 1 1 1 1 1 GC-28 1 Page 28 of 52 1 1 1 1 va_ca ]ace August Ci._ 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 Page 29 of 52 1k. 1 3L�:3:Ci::d'.G iucu3: :0)1 1 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. 1 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: 1 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. 1 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.3.5.If the pricing methods specified in 11.3 are inapplicable,or if the parties are unable to agree on a price for the changed work,a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the GC-30 Page 30 of 52 1 1 1 1 0.l.1S_."^ :..quit `1:1 ' Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions t within the specification tolerances shall result in:reconstruction to acceptable tolerances at no additional costs to OWNER;acceptance at no pay;or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum ' quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR'S.failure to construct to plan or authorized dimensions. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by ' OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: ' 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits • ' which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of ' performing Work after regular working hours,on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. • 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of ' transportation and storage thereof, and Suppliers'field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and ' refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by ' Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines,with the advice of PROFESSIONAL,which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee,the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work.All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. ' 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants)employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation,travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. p GC-31 Page 31 of 52 1 11.4.5.2. including transportation trans ortation and maintenance, of all materials, supplies, equipment, ' machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements.The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales,consumer, use or similar taxes related to the Work,and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of,CONTRACTOR, any Subcontractor or ' anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages(and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work(except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR,any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable.Such losses shall include settlements made with the written consent and approval of OWNER. No such losses,damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR'S Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 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 GC-32 Page 32 of 52 I I Ael.z_. :3r.t. Auc sc:CO: Ioffice at the site. • 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital I 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 I 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 I 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. I11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. ICONTRACTOR's Fee: I11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: I11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; - 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: fifteen percen 11.6.2.1.t, for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR'S Fee shall be I 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, I 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 I11.6.2.5. 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. I11.7. For ail 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 I GC-33 Page 33 of 52 I I 1 1 id�:31C^ =3td nY+L5t = 01 decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project 1 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 bean itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden,equipment hours and rate for each piece of equipment, material by units of measure and price per unit,other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR(less any applicable trade discounts)of materials and equipment required by the allowances to be delivered at the site'and all applicable taxes; and 1 11.8.2. CONTRACTOR'S costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract , Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment,an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 1 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. 1 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof,CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. GC-34 Page 34 of 52 i 1 1 1 ARTICLE 12—CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in ' the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen(15)calendar days after such occurrence unless the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time ' must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. • 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL,or by an employee of either,or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by ' CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR'S control or fault,then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay ' which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency,suspension or delay in the performance, ' progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part,shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR'S sole and exclusive remedy against OWNER for interruption, interference, inefficiency,suspension or delay of ' any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. 1 1 1 I 1 ' GC-35 Page 35 of 52 1 1 1 ARTICLE 13—WARRANTY AND GUARANTEE;TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections,tests,or approvals referred to in this Article. All unsatisfactory Work,all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building,construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work,whether or not in place, may be rejected, corrected, or accepted as provided in this Article. Access to Work: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents,laws,ordinances,rules, regulations or orders of any public authority I 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 1 approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections,tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections,tests,and approvals on any Work prepared,performed,or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing,or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR'S expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR(or by PROFESSIONAL if so specified). 13.6. If any Work(including the work of others)that is to be inspected,tested or approved is covered without written concurrence of PROFESSIONAL,it must,if requested by PROFESSIONAL,be uncovered for observation. Such uncovering shall be at CONTRACTOR'S expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR'S intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. GC-36 Page 36 of 52 1 �3Ce Auqusc ZOM ' 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the ' Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if. any Work is covered contrary to the request of PROFESSIONAL, the Work shall,if requested by PROFESSIONAL,be uncovered for observation, inspection, ' testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover,expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such ' uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction(including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALS), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, ' such Work is not found to be defective,CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order ' CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the ' Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: ' 13.11. When directed by PROFESSIONAL,CONTRACTOR shall promptly,without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not ' correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written notice from PROFESSIONAL,OWNER may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. GC-37 Page 37 of 52 1 1 3ev1s1c.^. rate P.ugust Zoe! One Year Correction Period: 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly,without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers,architects,attorneys and other professionals)will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL'S recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL'S • recommendation of final payment,a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work,and OWNER shall be entitled to an appropriate decrease in the Contract Price,and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: I 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 ail 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 GC-38 ' Page 38 of 52 Revleict: Cate :August :001 and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR ' 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including,but not limited to,employing additional workmen and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contractor CONTRACTOR's right to proceed with that portion of Work and ' have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents,including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR work overtime,weekends or holidays to regain the schedule,all costs to OWNER of associated inspection,construction management and resident engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. 1 1 GC-39 Page 39 of 52 1 ievls,of AacJS. 111 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: ' 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty (20)calendar days before the date established for each progress payment(but not more often than once a month),CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing,the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein,all of which will be satisfactory to OWNER. Payment is subject to a ten percent(10%)retainage that will be held until the • final payment or acceptance by OWNER.The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: ' 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment,whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: ' 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL'S reasons for refusing to recommend payment. In the latter case,CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL'S on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF- ESSIONAL's review of the Application for Payment and the accompanying data and schedules,that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL'S knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents,to a final determination of quantities and classifications for Unit Price GC-40 Page 40 of 52 1 1 Pe7Islcr:iia CO 2001 Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL willnot thereby be deemed to have represented that exhaustive or continuous ' on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by ' OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final ' payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in ' PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER.PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended,to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 1 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. . 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with ' paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or ' Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice(with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete(except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ' PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially ' complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any GC-41 Page 41 of 52 1 1 provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes I that the Work is not substantially complete, PROFESSIONAL will,within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete, 111PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER.At the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL'S issuing the definitive certificate of Substantial Completion, PROFESSIONAL'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list I • Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which(i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work.CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work.Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion.If PROFESSIONAL does not consider that part of the Work to be substantially complete,PROFESSIONAL will notify OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRACTOR,in writing,to permit OWNER to take over , operation of any such part of the Work although it is not substantially complete.A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and 111PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion,and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final payment If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the GC-42 Page 42 of 52 1 :are —.:st 2:?7 ' Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and ' CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance,warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation(unless they shall have otherwise agreed in writing and so informed ' PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Final Inspection: ' 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or ' defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. ' Final Application for Payment 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance ' and operating instructions,schedules,guarantees, bonds,certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents,including but not limited to the evidence of insurance required,(ii)consent of the surety, if any,to final payment,and(iii)complete and legally effective releases or waivers(satisfactory to OWNER)of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as ' approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that(i)the releases and receipts include all labor,services,material and equipment for which a lien could be filed, and(ii)all payrolls, material and equipment bills and other indebtedness connected with ' the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 14.12.1. No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. 1 ' GC-43 Page 43 of 52 1 :ata 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER 1 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 GC-44 Page 44 of 52 1 1 :.:_slzn .hist _,t, ' acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver 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 1 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. 1 1 1 1 1 GC-45 Page 45 of.52 1 1 1 1 ARTICLE 15—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: I 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 -• I 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 wilting an inability to pay its debts generally,as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or ' 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR(and the surety, if there be one)seven days'written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude GC-46 ' Page 46 of 52 1 Revls:ei::,ate Al'atlsi :i,;1 ' CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools,appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract ' Price exceeds the direct, indirect and consequential costs of completing the Work(including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to ' reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. Termination for Convenience i15.4. 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 sustainedrior to the effective date P t of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims,costs, losses and damages incurred in settlement of terminated contracts with ' Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. ' CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.5. Where CONTRACTOR's services have been so terminated by OWNER,the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. ' CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR,the Work is suspended for a period of more than GC-47 Page 47 of 52 1 1 ilt15:zn�3CG Rugusc Z._t ninety calendar days by OWNER or under an order of court or other public authority,or PROFESSIONAL fails I to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due,then CONTRACTOR may upon seven working days'written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay CONTRACTOR any sum finally determined to be due,CONTRACTOR may upon seven days'written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. 1 1 1 I 1 GC-48 I Page 48 of 52 I I 1 153.:. :Ste 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. 1 • 1 1 1 1 I GC-49 • Page 49 of 52 1 • -- rate ARTICLE 17-MISCELLANEOUS , Giving Notice: .11 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 ail 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 1 Work and Contract Said records and documentation shall be retained by CONTRACTOR for a minimum of five(5)years from the date of final completion or termination of this Contract OWNER shall have the right to audit, inspect,and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five(5)years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER,during this period of time,shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. GC-50 Page 50 of 52 1 • �::ausc ' 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A.Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest ' shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. ' Substitutions: 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents ' without an amendment to the contract. Sanitary Sewer Overflow Prevention: ' 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction: 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. . 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. ' 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation ' and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. ' actions: 17.9.5 In the event of a discharge of untreated wastewater,the CONTRACTOR will take the following 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. ' 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if GC-51 Page 51 of 52 1 1 1 lSMIL 1913^ aca= appropriate. 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater,a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is CH2M HILL,360 Bay Street, Suite 100 Augusta, GA 30901. The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise,do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in 111 any way responsible for those duties that belong to OWNER and/or the CONTRACTOR or other entities,and do not relieve the CONTRACTOR or any other entity of their obligations,duties,and responsibilities,including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing,correcting, or reporting on health or safety deficiencies of the CONTRACTOR(s)or other entity or any other persons at the site except PROGRAM MANAGER'S own personnel. The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractors 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 1 GC-52 1 Page 52 of 52 1 1 1 SECTION SGC SUPPLEMENTAL GENERAL CONDITIONS 1 CONTRACTOR'S Liability Insurance Insurance shall be written with limits of liability shown below or as required by law,whichever 1 is greater: • Commercial General Liability(per occurrence) Each Occurrence $1,000,000 1 • General Aggregate $2,000,000 • Products $2000,000 • Personal&Adv Injury $1,000,000 1 • Fire Damage $ 500,000 • Automobile Liability(any auto) Combined Single Limit $1,000,000 • Excess Liability(Umbrella) Each Occurrence $5,000,000 • Workers Compensation Statutory Limits • Employer Liability $1,000,000 1 1 1 1 1 i 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' SECTION SC-0 INDEX TO SUPPLEMENTARY CONDITIONS I SECTION SC-01 Scope of the Work SC-02 I List of Drawings SC-03 Bonds SC-04 Contractor's Liability Insurance SC-05 Project Sign SC-06 Protection of the Environment SC-07 Temporary Toilets SC-08 Plans and Specifications Furnished I SC-09 SC-10 Record Drawings Shop Drawings SC-11 Existing Structures SC-12 Salvage Material SC-13 Referenced Specifications SC-14 Traffic Control SC-15 Surveys • SC-16 Construction Order and Schedule SC-17 Consulting Engineers SC-18 Inspection and Testing of Work SC-19 Site Access I SC-20 Tree Save SC-21 Georgia Prompt Pay Act SC-22 City Acceptance I SC-23 SC-24 Disputes Specified Materials SC-25 Interest Not Earned on Retainage SC-26 Basis of Payment SC-27 Compliance with Laws,Codes,Regulations,Etc. SC-28 Equivalent Materials SC-29 After Hours Inspection SC-30 Supplement to the Agreement i I 1. 1 SC-1 1 SECTION SC I 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 this contract. The construction and installation of 20"Forcemain by Direct Bury. The construction of concrete structures including a discharge box,meter box,pump station and channel monster box. -02. LIST OF DRAWING The following drawings, prepared by Zimmerman, Evans and Leopold, Inc. comprise the plans for the project. See Special Conditions included in this contract. ' -03.BONDS: The Contractor will include in the lump sum payment for Lump Sum Construction the cost of his II performance and payment bonds. -04. CONTRACTOR'S LIABILITY INSURANCE: I Insurance shall be written with limits of liability shown below or as required by law,whichever is greater: Commercial General Liability(per occurrence)Each Occurrence $ 12,000,000 000,000 0 General Aggregate II $2,000,000 Products Personal&Adv Injury $ 1,000,000 I Fire Damage $ 500,000 Automobile Liability(any auto)Combined Single Limit $ 1,000,000 Excess Liability(any auto)Each Occurrence $5,000,000 I Workers Compensation Statutory Limits Employer Liability $ 1,000,000 -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, and the name of the Contractor and the Engineer and a 24-hour phone number for the Contractor in 4-inch letters. The sign shall be constructed and erected on wood posts in a substantial manner 7-feet above the ground. The full size stencil shall be approved along with colors before fabrication. The Contractor shall include the cost of the project sign in the Total Base Bid. I I SC-2 -06.PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of the exposed earth will be subject to erosion by rainfall or wind,and he will provide means satisfactory to the Engineer to minimize ' the transportation of silt and other deleterious material from the project area onto adjacent properties or into adjacent water courses. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. ' -07.TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. ' -08.PANS AND S?EC1j(CATIONS FURNISHED: The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct black line ' prints together with a like number of complete bound specifications for construction purposes.Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. I -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(14)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. SC-3 II -12.SALVAGE MATERIAL: All existing installations to be removed, including but not limited to masonry and concrete rubble, asphalt,pipe,etc.will be disposed of at an approved location by the Contractor. , -13.REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. -14.TRAFFIC CONTROL: Traffic control shall conform to the Manual on Uniform Traffic Control Devices(MUTCD)of the Federal Highway Administration, latest edition. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta Fire Department, Sheriff Department, Emergency Medical Services, and the Augusta Traffic Engineering Department of any street closures. -15.SURVEYS: The Engineer has established base lines for locating the principal component parts of the work, together ' with a suitable number of bench marks adjacent to the work. From the information thus provided, the Contractor shall develop and make all detail surveys needed for construction lines and elevations. The Contractor shall employ only Registered Land Surveyors or Registered Professional Engineer to perform all detail surveys. The Contractor will diligently preserve and maintain the position of all stakes, reference points and bench marks after they are set and, in case of willful or careless destruction,he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. I -16.CONSTRUCTION ORDER AND SCHEDULE: A. The Contractor shall be responsible for the detailed order, schedule, and methods of construction ii I 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. I 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. (2) A statement of the order of procedure to be followed that will result in the required protection I and completion of the work within the overall contract time. (3) A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. I 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. 1 I SC-4 I I ID. Progress Schedule Requirements (1) Bar Chart Schedule:Prepare on maximum 11 inch by 17 inch sheet size for each separate Istage of Work as specified and shown,to include at least: (a) Identification and listing in chronological order of those activities reasonably required to complete work, including,but not limited to, subcontract work,major I equipment design, factory testing and startup activities, project close out and cleanup and specified work sequences, constraints, and milestones, including Substantial Completion date(s). Listings to be identified by Specification section I (b) number. Identify: (i)horizontal time frame by year,month, and week, (ii)duration,early- start, and completion of each activity and sub-activity and(iii) critical activities I (c) and Project float. Provide sub-schedules to further define critical portions of the work. (d) Monthly schedule submissions: show overall percent complete, projected and actual,and completion progress by listed activity and sub-activity. I (e) Identify the critical path on the schedule. (2) General: I (a) Schedule(s) shall reflect work logic sequences, restraints, delivery windows, review times, contract times and milestones set forth in the Agreement, and shall begin with the date of Notice to Proceed and conclude with the date of Final I Completion. (b) The schedule requirement herein is the minimum required. Contractor may prepare a more sophisticated schedule if such work will aid Contractor in I execution and timely completion of work. (c) Base schedule on standard 5-day work week. (d) When bar chart or network analysis schedules are specified, use Primavera Project Planner, latest version, SureTrak latest version or a compatible and I approved software. (e) Adjust or confirm schedules on a monthly basis as follows: Contractor shall submit to Engineer for acceptance proposed adjustments in the I 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 IRequirements applicable thereto. Proposed adjustments in the progress scheduled that will change the contract times(or milestones)may only be made by Change Order. I Use of float suppression techniques such as preferential sequencing or logic, special lead/lag logic restraints, and extended activity times are prohibited, and I use of float time disclosed or implied by use of alternate float-suppression techniques shall be shared to proportionate benefits to Owner and Contractor. I Pursuant to above float-sharing requirement, no time extensions will be granted nor delay damages paid until a delay occurs which (i) impacts project's critical f path,(ii)extends work beyond contract completion date. I SC-5 I -17.CONSULTING ENGINEER& The Owner has engaged consulting engineers to assist the Director of Utilities, defined herein as the Engineer, by preparing plans and specifications for the work and by providing certain services during the bidding and construction phases of the project.The consulting engineer,Zimmerman.Evans and:Leopold Inc.is authorized to represent the Director of Utilities within the limits of the various duties delegated and assigned to the firm by the Director. Nevertheless the`Director of Utilities remains the final authority hereunder and:is the"Engineer"as used throughout:the Contract Documents. The presence;or duties of Consulting Engineer's personnel at the construction site, whether as onsite representatives or otherwise,:do not make personnel in any way responsible for those duties that-belong to Ownerand/or the Contractor or.other entities,and do not relieve the Contractor cir any other entity Of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and.completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. The Consulting Engineer's personnel have no authority to exercise any control over any construction contractor or otherentity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting,noting,observing,correcting,or reporting on health or safety deficiencies of the Contractor(s)or other entity or any other persons at the site except Consulting Engineer's own personnel. ' The presence of the Consulting Engineer's personnel at the construction site is for the purpose of providing to Owner a greater degree of confidence that the completed construction work will coliform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor®, Consulting Engineer neither guarantees the perf rmance of the construction:contractor® nor assitmea MIresponsibility for construction contractor's failure to perform work in accordance with the construction documents. For this Agreement only,construction sites include places of manufacture for ! ' materials incorporated into the construction work,and construction contractors include manufacturers or materials incorporated into the construction work. -18.INSPECTION AND TESTING OF WORK: The Owner shall provide sufficient competent engineering personnel for the technical observation and testing of the work. 111 The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspections. Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the requirements of the contract and,they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspectionor the culling over or removal of defective materials or for any other purpose requiring discharge of their duties, for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. ' SC-6 1 Any inspection provided by the Engineersis for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor,nor for the safety of the job. If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its ' readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply. If any work should be covered up without review or consent of the Engineer,it must,if required by the Engineer,be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer, and, if so ordered, the work must,be uncovered by the Contractor. If such work is found to be in accordance with the,Contract Documents.the Owner shall pay the cost of re-examination and replacement. If such work is not in accordance with the Contract Documents,the Contractor shall pay such cost. ' The Owner will employ a qualified materials testing laboratory,hereinafter referred to as the Laboratory, to monitor more fully on the Owner's behalf the quality of materials and"work, and to perform such tests as may be required under the Contract Documents as conditions for acceptance of materials and work. ' The Laboratory will be solely responsible to and paid separately by the Owner.The timing of the work of the Laboratory will be coordinated by the Engineer through his dulyauthorized 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. -19.SITE ACCESS: tIn order to minimize damageto existing paving and landscaping, access to the site for the contractor's personnel and equipment will be restricted to the routes designated by the Owner. The contractor will be required to use on those routes unless written approval is given by the owner. ' -20.TREE SAVE: Prior to beginning grading operations, the Contractor is to notify the Owner and the Engineer so that those trees which are to be saved can be marked in the field. Once these trees are marked,the Contractor shall take every precaution,including tree protection fence,to save these trees. -21.GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O,C.G A. Section 1311-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act,the provision of this Agreement shall control. ' -22.CITY ACCEPTANCE: Notwithstanding any other obligations of the Contractor, he shall complete the work to the full satisfaction of the Augusta Utilities Department and the Engineer. This provision shall not relieve the Contractor of his responsibilities for guarantees. 1 SC-7 i .1 -23.DISPUTES: All claims,disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. ' -24.SPECIFIED MAT+ 5 . 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. Notwithstandingany provision of the general conditions,. there shall be no substitution of materials that are not dcterniined to be equivalent tothose indicated or required in the contract documents without an amendment to the contract. , -25.INTEREST NOT EARNED ON RETAINAGE: provision of the law to the contrary,theparties agree that no interest shall be due to ' Notwithstanding any �'� � , the Contractor on any sum held as retainage pursuant'to this:A. gree: ent and Contractor specifically waives any claim to same. I -26.BASIS OF PAYMENT: As explained in the section "Instructions to Bidders" and in the "General Conditions", payment will be made based on the per cent complete per the contractor's breakdown. -27.COMPLIANCE WITH LAWS,CODES,REGULATIONS,ETC. Supplementing the provision of the GENERAL CONDITIONS, the successful bidder awarded this contract by signing the contract acknowledges the following,however, this is not to be construed as all inclusive or being these only: ' 1. Underground Gas Pipe Law: The Contractor signing the contract acknowledges that he is fully aware of the contents and 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 I 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 referredto as the "high voltage act"), and the Contractor shall I comply therrewith.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 I Contract either to work,to store materials,or to stage operations,and I SC-8 I I 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 I referred to in the high voltage act and that accordingly the Contractor is solely "responsible for the completion of the safety measures which are required by Section 3 of the high voltage act before proceeding with any work." The Contractor agrees that prior to the completion of I 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) I 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) I 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 I 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. I3. 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. I -28. EOUIVAL£NT.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 Iamendment to the contract. -29. AFTER HOURS JNSPECTION:. IIf 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 I 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 are needed to work outside normal business hours,Augusta needs to be notified in advance. I -30.SUPPLEMENT TO THE AGREEMENT a) Defective pricing I To the extent that the pricing provided byCONTRACTOR is erroneous and defective,the parties may,by agreement,correct pricing errors to reflect the intent of the parties. l • I SC-9 I b) Specified excuses far delay or non:.pertormance.. I CONTRACTOR is not responsible for delay in performance caused by hurricanes,tornadoes,floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. ' c) Termination of the contract for default Failure of the CONTRACTOR,which has not been remedied or waived,to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta, Georgia may terminate this contract is part or in whole upon written notice to the CONTRACTOR pursuant to this term. I 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 I 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 I be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. f) Use of Augusta,Georgia Landfill. 1 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 I 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. I g) Federal Work Authorization Program All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical I 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 I SC-10 I contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States ' Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal ' authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each ' subcontractor's E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s)is retained to perform such physical services. h) Owner Inspections All contracts shall provide that Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta,Georgia. 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 � � g 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. I 1 SC-11 I I I I I I I I I I I I I I I I I I I II SECTION SC IISPECIAL CONDITIONS INDEX I SC - 1 CONTRACT DOCUMENTS AND DRAWINGS SC - 2 ENGINEER FOR THE PROJECT SC - 3 OMITTED IISC - 4 BOUNDARIES OF WORK AND STAGING AREAS SC - 5 EXISTING STRUCTURES AND UTILITIES I SC - 6 NO OVERFLOWS SC - 7 UTILITIES I SC - 8 TEMPORARY SANITARY FACILITIES SC - 9 SURVEYS AND PERMITS SC - 10 DIMENSIONS IISC - 11 EROSION AND SEDIMENT CONTROL SC - 12 SAFETY AND HEALTH REGULATIONS 1 SC - 13 SITE CONTAMINATION AND CHEMICALS SC - 14 STORAGE OF MATERIAL I SC - 15 TRAFFIC SAFETY SC - 16 CLEANING UP IISC - 17 SUBSTITUTION OF MATERIALS SC - 18 RESTORATION OF PROPERTY SC - 19 INTERRUPTION OF PLANT OPERATIONS IISC - 20 MANUFACTURER'S DIRECTIONS SC - 21 INSURANCE LIMITS IISC - 22 SUBSURFACE CONDITIONS SC - 23 REQUIREMENTS FOR AS-BUILT INFORMATION ON THE DRAWINGS SC - 24 CONTRACTOR'S RESPONSIBILITY I SC - 25 ROAD CLEARING (Addendum No. 1) SC - 26 BORE PITS (Addendum No. 1) ISC - 27 UTILITY EASEMENTS (Addendum No. 1) SC - 28 GEORGIA POWER LICENSE AGREEMENT (Addendum #2) 1 SC - 29 CSX ENCROACHMENT AGREEMENT - SEWER (Addendum #2) SC - 30 CSX ENCROACHMENT AGREEMENT - WATER (Addendum #2) II II 1 0602-01R SC.docx SC-1 Z E L —ENGINEERS- I Mk II SECTION SC SPECIAL CONDITIONS II SC - 1 CONTRACT DOCUMENTS AND DRAWINGS: The Contract Documents which form a part of this contract include Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Notice of Award, Agreement, II Payment Bond, Performance Bond, Notice to Proceed, Change Order, General Conditions, Special Conditions, Technical Specifications, Drawings and Addenda. Specifications: The specifications consist of a written description of a general II and technical nature of materials, equipment, construction systems, standards and workmanship, and include General Conditions, Supplemental General Conditions, Special Conditions and Technical Specifications indexed at the front of this II bound volume of Contract Documents. Drawings: The Engineer will furnish to the Contractor, free of charge, all IIcopies of the drawings and specifications reasonably necessary for the execution of the work. Location of all features of the work included in the contract are indicated on the contract drawings. The following drawings, dated June 2014, comprise the plans for this contract. I DRAWING NO. TITLE COVER SHEET LOCATION MAP, DRAWING LIST, KEY PLAN AND GENERAL NOTES II 1 STA 0+00 TO STA 12+00 2 STA 12+00 TO STA 24+00 3 STA 24+00 TO STA 36+00 III 4 STA 36+00 TO STA 48+00 5 STA 48+00 TO STA 60+00 6 STA 60+00 TO STA 72+00 II7 STA 72+00 TO STA 84+00 8 STA 84+00 TO STA 96+00 9 STA 96+00 TO STA 107+77 10 NOT IN CONTRACT 11 NOT IN CONTRACT II 12 DETAILS - 1 13 DETAILS - 2 II14 DETAILS AND SECTIONS 15 WETWELL AND VALVE BOX PLANS AND SECTIONS 16 WETWELL SECTIONS AND ADDITIONAL DETAILS 17 STANDARD STRUCTURAL DETAILS II18 WETWELL STRUCTURAL PLAN AND SECTIONS 19 ELECTRICAL SITE PLAN 1, NOTES, FIXTURE SCHEDULE AND LEGEND 20A ELECTRICAL SITE PLAN 2, DETAILS AND SCHEDULE 20B PCP - POWER DIAGRAM II 21 SOIL EROSION AND SEDIMENT CONTROL NOTES 22 SOIL EROSION AND SEDIMENT CONTROL DETAILS 23 SOIL EROSION AND SEDIMENT CONTROL SOILS AND VICINITY MAP IISC - 2 ENGINEER FOR THE PROJECT: The ENGINEER for this project, referenced in the General Conditions as the PROFESSIONAL, is Zimmerman, Evans and Leopold, Inc., 435 Telfair Street, Augusta, IGA 30901. The Owner's representative on the site will be the Resident Project Representative (RPR) . 1 0802-01R SC.docx SC-2 Z E I.. —ENGINEERS— il II SECTION SC 1SPECIAL CONDITIONS The RPR will: • Provide engineering liaison with the contractor working principally 1 through the Contractor's superintendent to assist in understanding the intent of the contract documents. • Provide assistance to the contractor with obtaining additional I details and information. ▪ Coordinate with on site personnel who are operating the owner's facilities. II • Verify tests, equipment and systems startup. • Provide the initial review of the contractor's payment requests • Make recommendations for the ENGINEER's review. IIThe RPR will not: • Authorize deviations from the Contract Documents or substitution of materials or equipment, unless authorized by the ENGINEER. II • Exceed the limitations of ENGINEER's authority. • Undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. II • Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. II • Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the Work. • Accept Shop Drawings or sample submittals from anyone other than the I CONTRACTOR. • Authorize the OWNER to occupy the Project in whole or in part. SC - 3 OMITTED: II SC - 4 BOUNDARIES OF WORK AND STAGING AREAS: The Contractor shall not enter on or occupy with men, tools, equipment, or 1 materials, any ground outside the limits of Owner's property or construction easements without written consent of the Owner of such property. Other areas on site and proximate to the work may be utilized through coordination with the IIResident Project Representative and the approval of the Engineer. SC - 5 EXISTING STRUCTURES AND UTILITIES: IIt is mandatory that the Contractor locate all previously y placed underground installations and construction prior to his engaging in any work in areas where such improvements may exist. The Contract drawings indicate general locations of such existing improvements solely for the purpose of initial and general II representation thereof. The Owner and Engineer have not verified locations of these improvements as a basis for locations displayed on the drawings. All utilities and improvements must be located and flagged by the Contractor prior to commencing work. Flags must be maintained and based upon actual field 1 determinations. The Owner's project inspector must be notified before any work begins in the vicinity of existing underground improvements. I The Contractor shall be held responsible for any damage and for maintenance and protection of existing construction and utilities. All damaged construction, I 0802-01R SC.docx SC-3 Z E I- _ENGINEERS— I SECTION SC SPECIAL CONDITIONS utilities or improvements shall be restored to the original or better condition in which they were discovered. SC - 6 NO OVERFLOWS: During the performance of his work, the Contractor shall not cause any raw nor partially treated sewage to be discharged to any ditches, channels, land or other point. The work can be performed without the need for any unauthorized discharge. One possible sequence of construction is provided in these supplementary conditions to demonstrate the project can be constructed without by-passes or discharges. Should the Contractor cause such a discharge that results in fines or other penalties assessed against the Owner by a regulatory agency, the Contractor agrees to reimburse the Owner the costs or have the Owner retain the costs from the payments due the Contractor for the performance of the work. SC - 7 UTILITIES: The Contractor shall provide for temporary utilities for construction operations. Potable water is available from hydrants. The Contractor shall make provisions for telephone service with the phone company. Limited electric power for construction operations is available at the existing buildings on site. Any additional power requirements shall be provided by the Contractor by arrangement with Georgia Power Company. The Contractor shall make suitable arrangements to provide fuel for temporary heating and/or other construction operations as Inecessary. SC - 8 TEMPORARY SANITARY FACILITIES: Upon commencing work, the Contractor shall provide temporary screened and shielded sanitary privies in a manner meeting the approval of the Engineer. Facilities shall be maintained in a sanitary condition by the Contractor and in compliance with the requirements of authorities having jurisdiction. All temporary facilities shall be removed by the Contractor and the area returned to its original condition prior to acceptance of the completed project. SC - 9 SURVEYS AND PERMITS: The Contractor shall make his own surveys and establish his own working lines and grades from the basic reference lines established by the Engineer. The CONTRACTOR shall carefully preserve reserve bench marks, reference points and stakes and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in Article 10, CHANGES IN THE WORK. 0802-01R SC.docx SC-4 Z E L —ENGINEERS— ' SECTION SC ' SPECIAL CONDITIONS SC - 10 DIMENSIONS: Dimensions shown in figures or which can be determined by computation from other figures shown, shall take precedence over dimensions scaled from the drawings. When the work of the Contractor is affected by finished dimensions, these shall be determined by the Contractor at the site and he shall assume the ' responsibility therefor. SC - 11 EROSION AND SEDIMENT CONTROL: ' The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. Grassing of ' disturbed areas shall be the minimum acceptable restoration. Silt control devices such as straw bale fences and/or silt fence weight filter fabric shall be installed to limit migration of silt to the water courses. Erosion Control devices such as mats, grass, mulch, and crushed stone shall be installed to ' protect adjoining areas from soil contamination. Compliance with the guidelines of the 2016 Manual for Erosion and Sedimentation Control in Georgia, pursuant to the Erosion and Sedimentation Act of 1975, shall apply as though fully set forth herein. The Contractor shall provide a construction schedule of land disturbing work and shall include a plan of the temporary measures to be in place during ' construction. An employee of the prime Contractor shall be designated as the work site Erosion and Sediment Control Supervisor who is to be responsible for timely installation of erosion and sediment control measures and who shall ' provide early detection and correction of erosion, sediment, and flooding problems and who shall have full (24 hr. ) access to the personnel, equipment, materials, means and measures to ensure correction of routine and or special deficiencies. ' Permanent erosion control measures for this site include moderate slopes, pavement, and permanent grassing. The Contractor shall strive to expedite completion of the permanent measures and shall keep the temporary measures in I place until a satisfactory grass cover is established. ' SC - 12 SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health ' Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL91-54) . ' SC - 13 SITE CONTAMINATION AND CHEMICALS: The CONTRACTOR shall prevent the construction site from being contaminated with any substance in quantities or under circumstances prohibited by environmental ' protection laws of the United States or the State of Georgia. The CONTRACTOR shall be responsible to the OWNER if, at any time, state or federal authorities make a claim or demand against the OWNER on account of contamination of the site caused or allowed by the CONTRACTOR or any of its forces or subcontractors. ' 0802-01R SC.docx SC-5 Z E I- _ENGINEERS— ' SECTION SC SPECIAL CONDITIONS All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must be registered for the purpose specified with USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. SC - 14 STORAGE OF MATERIALS: Materials shall be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard, clean, surfaces, and/or placed under cover. Stores of materials shall be so located as to facilitate prompt inspection. SC - 15 TRAFFIC SAFETY: The Contractor will be held responsible for any damages caused by negligence on his part, or by the improper placing of or failure to display danger signs and road lanterns; all traffic lanes will be kept open and clear at all. SC - 16 CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish, and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. On a daily basis, the work area shall be cleaned sufficiently to produce a neat appearance. SC - 17 SUBSTITUTION OF 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. SC - 18 RESTORATION OF PROPERTY: The Contractor shall carefully restore all property defaced by the operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, transplanting of lawns, hedges, or ornamental plantings, and the repair or replacement of streets, driveways, walks, fences, or other facilities in such a manner as to meet the approval of the Engineer. No structures, fences or trees shall be removed without the consent of the property owner or until condemnation procedure, if necessary, has been completed. Restoration of property shall commence immediately upon substantial completion of the proposed work in the various areas of the construction site. SC - 19 DISTURBANCE OF EXISTING SYSTEM OPERATION: a. General: Operation of the existing sewer system with a minimum of interruption from the construction operations is VITAL. The Contractor shall carefully plan his work to least interfere with operation of existing facilities. The Owner and Engineer shall be contacted by the Contractor so that interruptions or disturbance of the existing system may be scheduled and coordinated not less than 36 hours in advance of the work. 0802-01R SC.docx SC-6 Z E L ' —ENGINEERS— _ SECTION SC ' SPECIAL CONDITIONS SC - 20 MANUFACTURER'S DIRECTIONS: Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary. ' SC - 21 INSURANCE LIMITS: The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth in Article 5 of the General Conditions which may arise out of or result from the CONTRACTOR's execution of the WORK, whether such execution be by himself or by any SUBCONTRACTOR or by anyone for whose acts any of them may be liable: ' The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, liability insurance as hereinafter specified; CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting him from all claims for personal injury, ' including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether ' such operations be any SUBCONTRACTOR under him, or anyone directly or indirectlyby employedhimself or by by the CONTRACTOR or by a SUBCONTRACTOR under him. Insurance shall be written with a limit of liability of not less than $500,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $500,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all property damage ' sustained by any one person in any one accident; and a limit of liability of not less than $200,000 aggregate for any such damage sustained by two or more persons in any one accident. ' The CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the PROJECT to the full insurable value thereof. This provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from ' obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT. The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, in accordance with the provisions of the law of the state in which ' the work is performed: Workmen's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the PROJECT and in case any work is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Workmen's Compensation Insurance, including occupational ' disease provisions for all the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this contract at the site of the ' PROJECT is not protected under Workmen's Compensation statute, the CONTRACTOR shall provide and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of his employees not otherwise protected. The CONTRACTOR shall secure, "All Risk" type Builder's Risk Insurance for WORK to be performed and all materials to be used in the construction including the full replacement value of all the Owner furnished equipment. Unless specifically authorized by the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE totaled in the BID plus the replacement value of the Owner furnished equipment. The policy shall cover not less than the losses due to ' 0802-01R SC.docx SC-7 Z E L —ENGINEERS- I SECTION SC SPECIAL CONDITIONS fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is accepted by the OWNER. I SC - 22 SUBSURFACE CONDITIONS: Soil boring information is not available for the site. I SC - 23 REQUIREMENT FOR AS-BUILT PIPELINE TO BE FIELD LOCATED: The 20" pipeline is nonferrous, it is required by this Contract that the Contractor provide field location of the top of the pipeline at each 100 ft of pipe. The field location must be measured by standard surveying methods by a qualified Professional Land Surveyor. The location of the top of the pipeline will be determined on X, Y and Z common axis using State Plane Coordinates and the work product must be of a 3 dimensional line representing the location of the top of the pipeline in digital form using AutoCAD or other common computer software as required by Augusta, GA' s GIS methodology. The Contractor shall provide five copies of the data on Compact Disk form. SC - 24 CONTRACTOR'S RESPONSIBILITY: Contractor shall submit all subcontractor's qualifications for approval. Contractor must use "EJCDC C-620 Contractor's Application for Payment" unless approved by Engineer. SC - 25 ROAD CLEANING: On a daily basis, roads shall be cleaned by the Contractor to prevent tracking or movement of sediment to storm runoff areas. (Addendum No. 1) SC - 26 BORE PITS: All open bore pits shall be secured and taped off using Safety Caution highly visible tape to prevent any hazard conditions from occurring. (Addendum No. 1) SC - 27 UTILITY EASEMENTS: I The Contractor is not to encroach on private property unless it has secured written permission from the property owner allowing him to occupy the property owner's land. Private property where the owner has secured easements for the construction are shown on drawings attached to these documents. See attached utility easements at the end of this section. (Addendum #1) SC - 28 GEORGIA POWER LICENSE AGREEMENT: See attached agreement (Addendum #2) SC - 29 CSX ENCROACHMENT AGREEMENT - SEWER: See attached agreement (Addendum #2) SC - 30 CSX ENCROACHMENT AGREEMENT - WATER: See attached agreement (Addendum #2) I I 0802-01R SC.docx SC-8 Z E L I -ENGINEERS- I . I ILAKE SHORE LOOP 1 —u— N/F —VICTORIA A. LAMPKIN— i PIN 020-3-265-00-0 p0 S21'45.03"E _ ��\52 20.21' a Li z 6pOp0 N60'00.00"E tai I \ \ C� 5.19' 1- to Io 0 14: 0 I \ -- N 010, \I:ii:t —RICHARD SCHURMAN FOX LIVING TRUST— PIN 020-3-266-00-0 _ I \,.., p N6... p1 p 00 PERMANENT aN fSENT1 �� 1,044 SF.� off' N .....----""j t• 61 O Oi �_ OO gyp+,' I 4` �� �� 123.50 C * 0 575-t5 0�W \ 9� 20 Al. IVI ` 7309 AUGUSTA CANAL -n 0 oo Ln0 i �N _ _ v_ zo m ��- I \ i \ \ - I REFERENCE: PLAT FOR DICK FOX BY TOOLE SURVEYING COMPANY, INC. DATED AUGUSTA 9, 2005 IEASEMENTS TO BE ACO IRED• PERMANENT: 0.0240 ACRE I TEMPORARY CONSTRUCTION: N/A Scale: 1" = 30' ` Datc ,Revised:: EASEMENT AUGUSTA UTILITIES DEPARTMENT 11-21-13 I PLAT for: ROCS cWEBK RELIEF SZWER .. ` Description: I JOB /PLAT NO.: PROPERTY LOCATED IN THE 1269th G.M.D. Z0. 0802-01 /01 'r'i',..";.:••;. ;~" 't COUNTY OF: RICHMOND STATE OF: GEORGIA !� ,',� N .2122 r IZEL.. 495 7eltair3t Auguste, Gn.ERS ZIMMERMAN, EVANS, AND LEOPOLD, INC. ON CPil ' 11.16. EQUIPMENT USED: ANGULAR CLOSURE: TRAVERSE CLOSURE: ADJUSTMENT: COMPILED I _. I __--- _ I„t N/!= / / _N -JOANNE S BROWN HESTEfi- -,o. I N/F PIN 020-1-195-00-0V -KAREN VAN DOOZEN- rc 1 �'� PIN 020-3-127-00-0 v z 1 .so �x.1O 11 cs = ' 0� /1 -o +�ry �Q � IOW (jI -JAMES VINCEN:-Y1 TSMIHIlI- 1 '�, ci' I PIN 020-3-128-00-0 i �� ' PERMANENT EASEMENT �—I� 943 S.F. I v �� / LAKEMONT HEIGtiS ► / SECTION 'r OHP IOW `/ / _- 01 't 1 / I Off, I I I 1 a3 Ivi S A -JACK Ig EYTON- Z Z LAKEMONT HEIGHTS 4�.o OHA PIN 020-3-129-00-0 2".... SEC11ON 'A' �� oho 1 moo\ 1 BEDFORD HEIGHTS n -5-e,SEcnON=I 1 -HEATHER DUNAGAN- AF o -- 1 PIN 020-3-137-00-0 -Po• I -13 1 9p- 4. - LINE TABLE I UNE BEARING DISTANCE L1 S54'57'03'E -47.09 L2 S45'55'01'W 30.55 I L3 N54'5703'W 15.78 L4 N05'22'77'W 39.41 NOTES: PLAT COMPILED FROM: I 1. AUGUSTA, GA GEOGRAPHIC INFORMATION SYSTEM. 2. SUBDIVISION PLAT OF LAKEMONT HEIGHTS FOR J. C. BIBLE, JR. APPROVED BY CITY PLANNING COMMISSION AUGUSTA, GA. DATED 1949. EASEMENTS TO BE ACQUIRED- 3.WARREN HEIGHTS COMPANY DATED JUNE 12, 1923 RECORDED AJWANQU I IN BOOK 9-Z PAGE 403. TEMPORARY CONSTRUCTION: 4. DEED FOR IRVIN ALEXANDER AND HUGH H. ALEXANDER DATED N/A 20 MARCH 1913 RECORDED IN BOOK 7-T, PAGE 392. Scale: 1' = 50'- I EASEMENT AUGUSTA UTILITIES DEPARTMENT to-t2 n.•r.a PLAT for: ROC[CREEK R LIXF SEWER Description: JOB /PLAT NO.: I PROPERTY LOCATED IN THE 1269th G.M.D. ZEL 0802-01 /02 l; , '1 : :,'rj � ”. rli 11 COUNTY OF: RICHMOND STATE OF: GEORGIA '( _ u.`I`= ZEL. +9s 2euir st Augusta. Ga. • .I6NM�" ✓ ---- I ENGINEERS 'IT' ZIMMERMAN, EVANs, AND LEOPOLD, INC. j¢. 4 "`.. � `� EQUIPMENT USED: ANGULAR CLOSURE: TRAVERSE CLOSURE: ADJUSTMENT COMPILED 1 - I I . I -- 1 o IJUCEIJONT HEIGHTS SECTION 'A N/F & o N— -JOANNE S BROWN HESTER- ,�Q�' PIN 020-1-195-00-0 Vg I N/F tiw -KAREN VAN D00ZEN- y Cx. PIN 020-3-127-00-0 0 i 43 0. idy # 23f \ .s.A. / N/1- el I -JAMES P/N020-3-128-00-0/ 1 Xy Im PPER ANENT EASEMENT 533 SF �" LAKEMONT HEIGHTS I T w�� ACTION EIG OHP 0‹,11 ,i 1 % ,/ 1 Oyp I I1 1 D A N/F ` iO.p�OHo 0 ZZ v I -JACK LEE EYTON- _ os,� P/N 020-3-129-00-0 r p 1 ::'''''',,. .. 0. ti BEDFORD HEIGHTS c' 1 N/F \ 1I ' - 1 -HEATHER DUNAGAN- PIN 020-3-137-000 1 .1 9, I I CURVE TABLEUNE TABLE CURVE LENGTH RADIUS CHORD BEARING CHORD DELTA ANGLE LINE 554'S7!03'E DISE 24CE C1 35.36 71.59 SO4'28'35'W 35.00 2898'05' I L2 1.454. 4i 32.03 L3 N45'5501'E 30.55 NOTES: PLAT COMPILED FROM: 1. AUGUSTA, GA GEOGRAPHIC INFORMATION SYSTEM. I 2. SUBDIVISION PLAT OF LAKEMONT HEIGHTS FOR J. C. BIBLE. JR. APPROVED BY CITY PLANNNG COMMIION UGUSTA, G DATED 1949. EaEMENTS TO 9E ACOUIRETY. 3.WARREN HEIGHTS COMPANY DATED JUNE 12. 1923 RECORDED pER MANINT: I w� IN BOOK 9-Z PAGE 403. TEMPORARY CONSTRUCTION: 122 N/A 4. DEED FOR IRVIN ALEXANDER AND HUGH H. ALEXANDER DATED ooNT: 20 MARCH 1913 RECORDED IN BOOK 7-T, PAGE 392. SDatecal= 1' a 50 lasit ER 12-19-12 - EASEMENT AUGDEPARTMENT • :''�•. I PLAT for. ROCK JOB / PLAT NO.: /f', F • , ---:!-�`\ Description: 0802-01 01 r t;Li I. PROPERTY LOCATED IN THE 1269th G.M.D. Zd III i i 'I I L.�: . I ! COUNTY OF: RICHMOND STATE OF: GEORGIA r I ZEL. i , ENGINEERS �, �j:�•f•,.;`'' � ZIMMERMAN, EVANS, AND LEOPOI,D. INC. - IEQUIPMENT USED: ANGULAR CLOSURE: TRAVERSE CLOSURE: ADJUSTMENT:COMPILED I N/F \ y CURVE TABLE \-ST PIN 01 WAYNE-3- 0O_0 K.' I PIN NG E9PENNO �,, CURVE LENGTH RADIUS CHORD BEARING CHORD DELTA ANGLE CI 256.21 951.42 S22'04'16'E 255.44 15'25'46" \\ ' "�:1I_ W C2 235.50 971.42 S21'18'O5•E 234.92 13'08'50' yyy C3 225.20 981.42 N2055'48'W 224.71 1525'46' N/f iy ''��_ -CHRISTINA R.PARKHURST- y�iyi . / / I PIN 014-3-060-00-0 / 0.1 \ 'yy/ // 4. /f,l W yy� / m y r N -CALVIN MEARS- 47 Lei// / QiI �N PIN 014-3-061-00-0 FOREST PARK BLOCK"C. FA U MICHAEL 4-3-0 ZEK(ROES)- ;yy� ' b��a!GTg a ' PIN 014-3-063-00-0 ,� �_,\ \ yyy \,R°/O 01 x y ie 0 /\5El -SCOTT A.WHITE- // oz St V,1 III �+ PIN 014-3-063-00-0 �# / I \\ `y' // EASEMENT ANENT %/ ' N/F y.- , /// 12,845 S.F. \P '' -THELMA C.LAMER- 4,:0 // I PIN 020-1-058-00-0 4,y.�,0 9y / 10'TEMPORARY \ / \ CONSTRUCTION VO\ yyy y�lQ // -BETTY A.DANS- EASEMENT 0-ROGER W.DANS 6,064 S.F. �� y / PIN 020-1-059-01-0 yyy \/ r I yyyyy \ �yy y/ y:.C. � I?o y 4 / SECTI D •„„,--A /// 11PV \11 l'• V .. N752929E 2 . ,t/ oi I --:\ \''qs' / / 57529'29'- 23510' CTf +++ \fir\ / / '�+ $�o / PROPOSED FORCEMAIN oab y^e+ \ i URT -BEDFORD NUR'a21E5.INC.- `��F ++ '� I PIN 020-1-190-00-0 k% +++ y0 , to_ �,0 1 e le N/FtAONG- VP/. _pc:mow,.175-�° NOTE: + p1N PLAT COMPILED FROM: I 1.9 ," ++ __ 1. AUGUSTA, GA GEOGRAPHIC INFORMATION SYSTEM. 1. i ++ •1 /,y)� i 'C'p __ 2. PLAT FOR ROGER DIMS COMPILED BY TONY 1. ✓$ .,.. ++ CARR. &ASSOCIATES DATED MARCH 1. 1999. ' / A C'� 1-NENNII+- _wog I / FM 020-1-4 � CP O -- '1 ' BEDFORD HEIGHTS SECTION' I 1s' _ ` E UNE TABLE CA UEN1S 10 BE ACQUIRED:. UNE BEARING DISTANCE 0.2yµDR LI N46'45'00'W 23.65 tgl 0.294 L2 046'45.00'- 11.82 113PORARP N61RIJCTIQI! 1.3 N4O25'O0'E 12.4-2 I 0.130 ACK L4 N40-25.00"E 24.48 Scala V=60• Deet I Wood 12-19-12 EASEMENT AUGUSTA UTILITIES DEPARTMENT PIAT for. ROC"CREW 1112117 SEWS / �O` `} JOB/PUT NO.: / Ica Garr.PROPERTY LOCATED IN THE 86th G.M.D. Y%'i+a r'b�`'� II m0802-01 /°5 r E`al . °�\. COUNTY OF: RICHMOND STATE OF: GEORGIA , N 2.722 ZEA- . � "G. : � ENGINEERS ` c,:.•IY I ZIMMERMAN. EVANS, AND LEOPOLD, INC. C `'. G` EQUIPMENT USED: [ANGULAR CLOSURE: f TRAVERSE CLOSURE: ADJUSTMENT:COMPILED \ N /' / / \\ \\ / / / / \ \ // / / // \ \ \\ \ \\ // / i�P /// \ \ // / /9- /Fd� I \\ \\ / / 5° //•PJB ! Y X / 0 FOREST PARK / /\\ /.0 (s� BLOCK'8" K / \ / �'' N/F �"', I / ...,..>\. / -TRACY ANDREW DAMS(ROES)- 4 / /`� PIN 014-0-002-0D-0 N. / / \ e, \ .,› PROPOSED / GG vS FORCEMAIN ig Gam\\.g�, \r . .1 \ ` 134 ,5 \ -STERLING WAYYNE PENNOCK- EYr N `1 I PIN 014-3-059-00-0 \ IllCs \ '/�� N. /i�X• • TEMPORARY CONSTRUCTION C� EASEMENT- 374 S.F. ` �'r I \s / �� 61. Ts. // �II' -PERMANENT EASEMENT / ` 257.0 S.F. RO // �� , // I U I :fit// „• ...;,4 \, // Ci FOREST PARK 'C(% / ,,� // El BLOCK'C' ♦ J'/ .!�9� / �i I �O/ .moi i / ot`%\a/ ,moi /�,_1. I �i ti0/ 'e' <0.4'? pJ�6 Z l \\ `�<\�/ /Qp1l' Nf EF/ '";'' /G y -BETTY A.DAVIS- ' / ' -ROGER W.DAMS ;V / . //y4a PIN 02D-1-059-01-D /.////r / 1 . UNE TABLE UNE LENGTH BEARING 1 L1 23.01 581'53'38'E L2 22.57 53657'54"W L3 29.66 N131)7'57'W L4 12.81 536'57'54'W L5 46.44 N131)4'O5"W I L6 13.D0 S61'53'38"E • NOTE; FACPMEh TO OF ACOligul PLAT COMPILED FROM: PFAUAMEM, 1. AUGUSTA, GA GEOGRAPHIC INFORMATION SYSTEM. 0.0050 ACRE IflWO I 2. PLAT OF FOREST PARK SUBDIVISION. SECTION II BY nmom]�OaAACRCR E CONSiRucnON: CHARLES T. ALEXANDER DATED 24 SEPTEMBER 1964. Scaly. r= 30' EASEMENT AUGUSTA UTILITIES DEPARTMENT 12'1'19-12 L'''''''t PLAT for: ROCI CREEL RSB SEWER WA ..y�; I Description:PROPERTY LOCATED IN THE 86th G.M.D. JOB/PLAT NO.: i,,� `,'9 �, ZEL 0802-D1 /OB ffj�C V151 E,q J� COUNTY OF: RICHMOND STATE OF. GEORGIA r 2122 1,0'/1 ZEL ,�„aa>:9t Auga.te, . I ENGINEERS 4, Ffr/ ZIMMERMAN, EVANs, AND LEOPOLD, INC. �:, EQUIPMENT USED: ANGULAR CLOSURE: TRAVERSE CLOSURE: 49� ' ::, ADJUSTMENT:COMPILED I _ I 'BARTRIAM PLACE PHASE I BLOCK'8' L_) I__ 1 II L_ ___. I-- II N/f =r = RNERLOOK DRIVE 50' R/W —scow IIIc, PIN 014-3-1152-00-0 _J 0 0 ,o Io '? zQ IQ ? �g �N r-_- til $ g l oar 3I Cbl ' ( I I r;, _' 1 �o 0 1 � dl '1,1,c1, �ol ��ol of I 1 zo 1 s�l �<ol:o� 1 zs� I z�1+f z I�1 z nl z 1,1 1 1 3d I z�- Z5-1~�� f _._ i 4- H ='o I 5-: ;,:[ z z 1.z z I zt 11 ,, 1 -PAUL DAVIS- a. <d 1 a I a No_ a - �i a I a a PIN 014-3-007-00-0 i N77'46'27"E 476.20' y , I N/F N/F 40/ -- 17.76''14"W-DARRELL D.WHITTA1d:7t OLGA PEARSON(ROES)- ,j// IMO l , 17 76' PIN 014-3-047-00-0 PIN 014-3-066-OD-0 `1 1 N/F ' Z S88'11'37'E �� II 1-RICHARD HUGH FEGANI-l 76.14' ►1// INSET'A' PIN 014-3-005-00-0 11 I -- \ ot% r%0 II I,SCALE 1'=50' 1 Vl N' `1 . Vii% II II . -NAND R.H05_00`1.. V0, I 1i PIN 014-3-005-00-01 (1/ ^�r �; E20'ASEMENT 4;ERMANENT �� II I 0 11 — 16,729 S.F. 11 %II i 1 ` /�'fJCISTING 15'DRAINAGE 11// II r -NANCY P PYON-1 1 / AND UTILITY EASEMENT 10' TEMPORARY —/ 11.0� I� �i PIN 014-3-004-OD-D` \C/ CONSTRUCTION /' /0 11 - N/F 8.268MENT S.F. // /1�j II ;rr ^Nfi 11 N -TRACY ANDREW DAVIS(ROT'S}- ,/' j�/ II W I t+1 PIN 014-0-002-00-0 /// \ /II ——-"V' IPIN of4-3003 HALL-0-0\ //�/Gp /� mit;%�n 1 `1f /- 45" / m`%%m it . a 1 FOREST PARK NORTH 1 N /J0� ��P4 // �� �i1 BLOCK'B' /p P �P� / ,/� f (�$ PS I �\ N61'S9'14'W /c? 4 // �%J O N/F \ _10.37' / , ,2V / 4// -WWAM L WATKINS- I PIN 014-3-050-00-d ~ / "Alf? / �1�1 r� 1 ` N / y/ 830.1 '0T1V ��� 1 \614 / , / .830.13' ^/� '�+ 1 - \\��I,\49,��.L� a // DRAINACiEnAND unu1Y - %% 1 N/F \ \ / //- EASEMENT �•0 w ' -HENRY LH000 LEST- N. _ 311/ , 11 - PIN 014-3-051-00-0 \ 4 // -0110 o • \ \/. P,40'") ` a'' 1 -PEAFAMILNC PERSON •4q4. \ `9.*. 4p t/ \ p: E'1-----------3, I PIN 014-3-052-00-0 �NOY \\ ?dao, . 4P., -t. 1 til 1:4 64 811.,..- \ N FOREST PARK NORTH 1 ��e BLOCK'A' ' ,l� \ \ /� 1 �� y 16,•`• N 1,,/ 1 , SJ,• ,/P 11 11 -- Q1.4 xj6,{9� f Y I Il 0) / •\ .e i,i I e �-i., < • i NA- A,' \ iii' STERLING WAYNE-00-0PENNOCK- \ ' 4� \ / PIN 014-3-059-00-0 i 1 \ \ i I FOREST PARK ii // 5 1 `BLOCK'C' i NOTE: /i / I/: / a PLAT COMPILED FROM: �. /..// a 1. AUGUSTA, GA GEOGRAPHIC INFORMATION SYSTEM. EASEMENTS To BE_AC01.11 D 2. PLAT FOR TRACY AND TAMARA DAVIS BY PERMANENT: \ AYERCORP DATED 01-01-96. 0.384 ACRE TOAPORARY CONSIRUCIIOI, \ <5, 4 I 0.189 ACRE 3.EASEMENT PLAT FOR AUGUSTA UTILITIES BY •� �.'' CRANSTON, ROBERTSON & WHITEHURST, P.C. Scale: 1'-100' DATED SEPTEMBER 16, 1998 9.18 Rnis.d: EASEMENT AUGUSTA UTILITIES DEPARTMENT 12-19-12 - / a L3 PLAT for, ROCK CREEK RELIEF SEWER ,�•s'R �C "dig* Description: .108/PLAT NO.: "`�15 r f / INSET'B' I PROPERTY LOCATED IN THE 86th G.M.D. ZEL 0802-01 /07 k. .1.\1 SCALE 1'=50' COUNTY OF: RICHMOND STATE OF: GEORGIA N�122 A 1 UNE TABLE 0.15 �ZEL iii LINE DISTANCE 436 7',11.1.BL Augusta 0e. NL1 SBBEARING 1 ENGINEERS • O`'U'1"`,;. / L2 588'11'37"E 20.30 I ZIMMERMAN, EVANS, AND LEOPOLD, INC. i �9�S 1?' / L3 S3714'22"W 3.05' .i L4 N61'53.38"W 23.01' EQUIPMENT USED: ANGULAR CLOSURE: TRAVERSE CLOSURE: ADJUSTMENT:COMPILED L5 1461'53'38'W 13.00' I 25 I BARMAN PLACE �, ID BLOCK 'c' -N- i 50' R "� x Rnjw' ,pOB DRQ I PIN 014-0-052-00-0 iris��'.'' b 1 t 20' PERMANENT ` EASEMENT I ` Z2,425 S.F. 14 ciII of NBARTRAM PLACE }7awI BLOCK'A' �coG Oo� +1e HEn En I ?AO I ; .:8'11'37' / Al% 1111111* S1136'07'E 24.14' N/F INSET_ 0.65' -TRACEY ANDREW DAMS (ROES)- SCALE 1 =5' I PIN 014-0-002-00-0 PROPOSED FORCEMAIN I ,-------.-6-------J URVE TABLE CURVE LENGTH RADIUS CHORD BEARING CHORD DELTA ANGLE C120.66 724'34' C2 20.67 159.85 58013'09'E I •tib TO BE ACQUIRED: NOTE: PERMANEACRENT: T ' PLAT COMPILED FROM: N/A 1. AUGUSTA, GA GEOGRAPHIC INFORMATION SYSTEM. 2. PLAT FOR TRACY AND TAMARA DAVIS BY Scali 1. 40' AYERCORP DATED 01-01-96. larnili1111 I EASEMENT AUGUSTA UTILifIES DEPARTMENT PIAT for: SEWER ROS CR8]!�S� JOB / PLAT NO.: ��� QST�O , Deacrlption: ZEL 0802-01 / 08 ;:(5' PROPERTY LOCATED IN THE 1269th G.M.D. !r NJ.212' I STATE OF: GEORgA / '.. COUNTY OF: RICHMOND cA14..',:,<1.) ,..04,011a•' I LEOPOLD, INC. ,".4, 4:. ..12,_)-.1 ., • ' .1--- EQUIPMENT . ZIZI�EgMAN, F;VANS, AND EQUIPMENT USED: ANGULAR CLOSURE: . TRAVERSE CLOSURE ADJUSTMENT: COMPILED I ems, CURVE. I om4 CURVE LENGTH RADIUS CHORD BEARING CHORD DELTA ANGLE Cl 11.01 2,061.54 S58'5708'E 11.01 018'22" I C2 23.99 2,061.54 S592619"E 23.99 0'40'00" _N C3 10.04 248.45 N88'04'50"W 10.04 218'53" C4 20.22 248.45 1484'35'30"W 20.21 439'47" til z z / ` < i .`/ < I s,� PINi0114-0-096-00-0 % ii:4/4040 "\ 60' ` .41. ,.? ik '/ �6A1,00 t0� `// I / 10' TEMPORARY CONSTRUCTION BARTRAM PLACE . EASEMENT . PHASE II \ BLOCIC "C",,,,,......,..,„/ 2,258 S.F. N. /j 20' PERMANENT' Z I 1 4ASEMENTANEN 1 4,559 S.I".o o En 11 0 AkFO�0too-- Z o \ .• 0 �p 1 zi PSN a0 c /54.1. <n/ 1-3 tzid O I` t+1 I*. zoo . d 1 <w N/f� Ay►OS^ N I 0 °° I.") b PIN 014-13-\ d \___________________ / I os 0.losclut -900 058-00-u i .., I \ oi r------- W ct 1 rvf _Dom •058-01-0 _ MI dew/ I PIN D1 _ - C, 9 93-71 3 71• trl 0/ +579'55 3p"W OWE .i TO i.DE°ARA 50' /1 POPOSED Rijoeg DRIB FORCEMAIN V-EIII NOTE: g EA$IypJTS To BE i IBEQ; I PLAT COMPILED FROM: PERMANENT: 1. AUGUSTA, GA GEOGRAPHIC INFORMATION SYSTEM. 0.1047 ACRE 2. PLAT OF BARTRAM PLACE, PHASE 1 FOR SCOTT TE1PORARY C0NS1R1 C110N I 0.0518 ACRE HIGGINS BY BALDWIN & CRANSTON ASSOCIATES, Seale 1' = 50' INC. DATED MARCH 14, 1983, REV. 3/30/83. Me Rarlwe 12-19-12 - EASEMENT AUGUSTA UT7L177ES DEPARTMENT I PIAT for: ROCK CREEK RSL STUN ',�^ ;«; .` . Description: JOB / PLAT NO.: i' wjcC T •..." PROPERTY LOCATED IN THE 1269th G.M.D. ZEL 0802-01 /9 df.,/,. i 1 ( Jc.2122 COUNTY OF: RICHMOND STATE OF: GEORGIA IZELII ,a5 Teuair St Augusta, w ENGINEERS • ;�4- ' // ZI RMAN, EVANs, AND LEOPOLD, INC. 4, �0L; ter' I EQUIPMENT USED: ANGULAR CLOSURE TRAVERSE CLOSURE ADJUSTMENT:NONE I 1 I I \ , I { acf� / 1 1 \ 0- 1 11 / \I EXISTING 15'SEWER \ I EASEMENT PROPOSED I FORCEMAIN \\ �jq 1>,\\\ N/F �� -MD,LLC- y \ `� PIN 013-0-029-OD-0 �S8J7�' YA \ 1 m L2 N38'20'10_E 414,79' *-1,9••170: "fib / 44. ' -FIDPIN 013-07-00 -0 \\ -02 I • inn li EASEMENTAN£NT \c•tl'f, '� o 19.5'PERM 21.443 SF. \LT o� orft4, rt 1 S38'17'31"W 475.1— — `'p ,,a I lay _f. /tc z ino $o i I • I 11111 1X /2 2co .1 /" of n I ' •• ' -BEASLEY COOMMMUNICATIONS- PIN 013-0-027-01-0 r t I NCh N 0 N 00 I� h W oo/ I zI iV I / 1 0 y 44 cn U S38'15'22I•W I • , 110.96 S36,9'OS'W I I 278.97' 538'15'25'W . LI EISENHOWER DRIVE 50' R/W 15.50' I LINE TABLE LINE I BEARING !DISTANCE L1 S3B15'22"W 19.50 L2 N38'20'10.E 19.50 INOTE; EASEMENTS TO RF APni11RFa• PLAT COMPILED FROM: Pte: 1. AUGUSTA, GA GEOGRAPHIC INFORMATION SYSTEM. 0.4023 ACRE I 2. PLAT FOR FTO, LLC BY CRANSTON, ROBERTSON & 14/ATEMPonucr coN:lmuCl101k WHITEHURST, P. C. DATED SEPTEMBER 24, 2001. Seale 1'=200' • 11'1'19-12 .f. 1�n.r: EASEMENT AUGUSTA UTILITIES DEPAR731ENT 12-19-1z l PIAT for: Roca au=RE.URF SEWXR I DeecrtPUon: JOB/PLAT NO.:PROPERTY LOCAIID IN THE 86th G.M.O. ZEL 0802-01 /12 (......:415..2.1.7". C\ST �'' COUNTY OF: RICHMOND STATE OR GEORGIA c` 2, 0.2122- • (ZEL 435 T.0 fr St. Aury.t.,G.. 1 ENGINEERS ,,,• ,_SLM Z1MMERMAN, EVANS, AND LEOPOLD, INC. l.`,."l',5':', "-•./ EQUIPMENT USED: I ANGULAR CLOSURE: I TRAVERSE CLOSURE .�% ADJUSTMENT:COMPILED I I Nas N / 0' \ I O W \ • C31� 1 1`m 1 dcf?-- \ ro CD — cA o — 1,7 M 1—_ m — 0 V'� r w / I 0 \ i S f/ _ % : N36'I5'30"E 140.89' �� "� `I `'i I \u",,,.. ; INGRESS/EGRESS Y_1 F PERMANENT t N / (30.0'WIDE) =I/ \ EASEMENT S38'15'30"W 112.65' � _ / 23880 SF. .8. \moo'`o ` — L/ 6/ ,?a,. In /�� TEMPORARY i w '.8. w _ o/nom CONST4UCRON EASEMENT O — 0, 4,200 SF. \�' =I / PROPOSED \°? rPf \15 e. -1 FORCEMAIN �` N\y o.o EXISTING 15'SEWER ?+ I N/F \y '* a EASEMENT -FID,LLC- ,,�,p. �9 ♦ I N �( d PIN 013-0-029-00-0 ci'r 32), IP 40.00 �ao.00, N / I b S3B'20'10_W 414.79' �� $ 53815'30'W 0 538'20'10"W I I— \.' jt p 19.50' ABS ��f 9 I M r. O, I �.f\��J") \ c, 0I �l� '/lam I INSET 3 m N/F 9.A., -MD,LLC- NOT TO SCALE n PIN 013-0-027-DC-0 Z alln c \ z dI 1 zz Sc al 1 — S = o mair — rn� Id o 0 r � W G I I i a n 1 K1 y N/F BEASLEY COMMUNICATIONS- PIN 013-0.027-01-D —_ I I I I I =1 1 XI U X' U — 1s.00L--1L 53815'zs-w ��.— EISENHOWER DRIVE 50' R/�P _ I EISENHOWER DR. 0.50' TIE Tp' cSx'R�w = NEW EASEMENT 53615'25'W INSET OUTLINE 15.50' NOT TO SCALE CURVE TABLE I CURVE LENGTH RADIUS CHORD BEARING CHORD DELTA ANGLE Cl 177.58 2155.45 N55'44 05"W 177.53 4'4313" C2 231.70 2502.00 s84'37'501: 231.62 518'21" C3 81.31 2170.45 N54'26'31"w 81.30 2'08'47" NOTE: EASEM NTS TOR A-D IIRED: I PLAT COMPILED FROM: PERMANENT: 1. AUGUSTA. GA GEOGRAPHIC INFORMATION SYSTEM. 0.5182 ACRE TEMPORARY CONSIR0000N: I 2. PLAT FOR FTD, LLC BY CRANSTON, ROBERTSON & 0.09E14 ACRE WHITEHURST, P. C. DATED SEPTEMBER 24, 2001. Scale: 1"a 200' 0alc Re,Wt 12-19-12 - EASEMENT AUGUSTA UTILITIES DEPARTMENT PLAT for: ROCS CRUZ RELIEF SEWER Description: JOB/PLAT NO.: I PROPERTY LOCATED IN THE 86th G.M.D. TEL 0602-01 /11 (:-:„ 0,,,c;_‘4,;) G�STER�4, COUNTY OF: RICHMOND STATE OF: GEORGIA ;0.2122 rZEL 405 TeSL eM Aagu4 Ge. lif ENGINEERS � `r4ndjc' , .�� ZIMMERMAN, L'VANS, AND LEOPOLD, INC. II I1'S �.0.4 ' -z-�i EQUIPMENT USED: ANGULAR CLOSURE: TRAVERSE CLOSURE: ADJUSTMENT COMPILED I Book 01440 1095 a,ugusta-Richmond County ' 2014024966 05/23/201413 45.1400 $0 00 AGREEMENT 111111111111111111111111111111111111 2014024966 Augusta-Richmond County After Recording Please Return to: ' Augusta Law Department Attn: Kayla E.Cooper,Esq. 520 Greene Street Augusta, GA 30901 STATE OF GEORGIA SUBJECT: 15th Street—West Augusta 115 kV COUNTY OF FULTON (Stir24-27) L.F.NO.6-450TL LICENSE AGREEMENT ' This Agreement ("Agreement") is made as of Pio r, i —, 2014, between GEORGIA POWER COMPANY, a Georgia corporation with offices in F _ulton County, Georgia ("Georgia Power") and AUGUSTA, GEORGIA, a body politic and corporate and a political subdivision of the State of Georgia("Licensee"). BACKGROUND Georgia Power owns certain rights of way and other property interests within the State of ' Georgia in G.M. District 1269,Richmond County, Georgia(the "Property"), as shown on Exhibit"A" attached hereto, made a part hereof and incorporated by reference. Licensee desires 1.o construct, install,operate and maintain the facilities consisting of one(1)underground twenty inch(20")diameter ' HDPE sanitary sewer force main and two (2) related manholes (the "Facilities") within the portion of the Property identified as "5'License Area" on Exhibit"A" attached hereto (the "License Area"). Georgia Power is willing to grant Licensee a non-exclusive license to install the Facilities within the ' License Area, subject to the terms and conditions set forth in this Agreement. Accordingly,the parties agree as follows: ' TERMS AND CONDITIONS 1. License On the terms and subject to the conditions set forth herein, Georgia Power hereby grants to the ' Licensee and the Licensee hereby accepts from Georgia Power a non-exclusive license solely to construct and maintain the Facilities within the License Area. The Facilities must be located solely within the License Area. The Licensee agrees to obtain all necessary rights from the owners of the lands crossed by the License Area in the event neither the Licensee nor Georgia Power owns said land ' and rights in fee. Further,the Licensee agrees to utilize the License Area in such a manner as will not interfere with Georgia Power's activities and facilities. The Licensee further agrees that the Licensee's uses of the License Area are subject to those restrictions contained in Exhibit"B" attached hereto, made a part hereof and incorporated by reference. 1 GPC Augusta Rook Creek Sewer License V2 2014 01 03 Book 01440:10"'Augusta-Richmond County 20140249 )5123/201413:45:14.00 2. Priority of Rights 1 The Licensee agrees that the use of the License Area as herein provided shall in no way affect the validity of Georgia Power's existing property rights and shall in no way modify or restrict the use or rights of Georgia Power, its successors or assigns, in and to the License Area used. The Licensee acknowledges Georgia Power's right and title to the Property and the priority of Georgia Power's right of use and hereby agrees not to resist or assail said rights. The License Area may be used by Georgia Power, its agents, employees, successors and assigns, with or without notice to Licensee. Notwithstanding any provision of this Agreement to the contrary, Georgia Power will have the right with respect to the License Area(i)to construct,install,use,patrol, obtain access to, operate, maintain, repair, inspect,renew, rebuild, reconstruct, replace, improve, upgrade, enhance and add onto overhead and underground electric transmission and distribution lines, poles, towers, frames, manholes, conduits, fixtures, appliances, wires, cables and equipment, and protective wires and devices, and communications lines, cables and equipment (including, without limitation, "Communications Facilities" as hereinafter defined); (ii)to construct, install, use, patrol, obtain access to, operate, maintain, repair, inspect, renew,rebuild,reconstruct,replace, improve, upgrade, enhance ad add onto additional transmission, distribution, and communications lines, poles, towers, frames. manholes, conduits, fixtures, appliances, wires, cables and equipment, and protective wires and devices, including, without limitation, Communications Facilities ["Communications Facilities" means (x) equipment,systems or facilities used for or in connection with communications by radio, including without limitation, microwave towers, mobile base radio towers, radio base repeater towers, telemeter transmitters, multiple address system radios or power line carrier equipment, and any permits,licenses or leases relating to any one or more of the foregoing, and(y)equipment, systems or facilities used for or in connection with light wave communications over optical fibers, including without limitation, optical fibers, optronic or photo-optronic equipment, repeaters, junctions, splice enclosures or equipment for the conversion of light signals to or from radio or electronic signals, and any permits, licenses or leases relating to any one or more of the foregoing]; (iii)to use the License Area for pedestrian and vehicular access to and from any property from time to time owned or leased by Georgia Power, or on, across, over or under which Georgia Power has easement rights; and (iv)to make any other use of the License Area not inconsistent with the license in the License Area. 3. Limit on Use 1 The Licensee will not use any area within the License Area in any manner that may interfere with Georgia Power's use and enjoyment thereof. If Georgia Power determines, at any tittle, that the Facilities or the location thereof interfere with the reasonable business needs of Georgia Power, then the Licensee will, within ninety (90) days of notice from Georgia Power, remove such Facilities from the License Area at the Licensee's sole cost and expense, and restore the License Area to .a condition 1 substantially similar to that existing immediately prior to the placement of the Facilities within the License Area. Georgia Power will cooperate with the Licensee in good faith to find a mutually agreeable location within the Property, if possible, to relocate such removed Facilities, and if such a location is available, then the Licensee may, at its sole cost and expense, relocate such Facilities to such alternative location pursuant to another "License Agreement" executed by the pax ties hereto. This Agreement will automatically terminate upon the removal of the Facilities pursuant to this Section. 4. Fees 1 There shall be no charge for this Agreement. 1 GPC Augusta Rock Crak Sewer License V2 2014 0103 2 1 ' Book 014 )97 Augusta- ond County • 20140 ..,66 05/23/2014x13.45 14.00 1 5. Underground Access The Licensee will not install any manholes or other means of underground access to the ' Facilities, on the License Area except the two(2) manholes at the locations shown on Exhibit "A" attached hereto. The Licensee must make any manholes or other means of underground access that are located within the License Area flush with the ground or buried at a depth sufficient to protect the ' Facilities, and must use and follow the Georgia Department of Transportation strength specifications. Manhole covers shall have locking tops or be spot welded. 6. No Representation This Agreement and the license in the License Area are made and granted by Georgia Power and accepted by Licensee subject to (i)all matters affecting the License Area, recorded and unrecorded, (ii)all taxes and assessments, (iii)all laws, ordinances, rules and regulations of any governmental authority or agency, including without limitation zoning restrictions, which may now or hereafter be applicable to the License Area, and (iv)previous and future rights granted by Georgia Power to third parties. Georgia Power makes no representations or warranties regarding title to the License Area. 7. Hazardous Substances The Licensee shall not place or store, nor permit to be placed or stored, any Hazardous Substances (as defined in 42 U.S.C. Sections 9601, et seq.), petroleum products or other pollutants, toxic substances or environmental hazards on or under the Property. In the event that such substances ' are drained or spilled upon the Property by Licensee,its agents, employees,contractors or invitees, the Licensee agrees to be responsible for all costs attributable to or arising from the removal and clean up of said substances,to the satisfaction of Georgia Power,from the Property. ' 8. Safety The Licensee will not use, and will prohibit its agents, employees and contractors from using, ' any tools, equipment or machinery within ten feet(10')of Georgia Power's overhead conductors. The Licensee agrees to comply with the Official Code of Georgia (the "Code") Section 46-3-30 et seg (High-Voltage Safety Act) and any rules and regulations promulgated thereunder, and any other ' applicable State and Federal laws. The Licensee will install, maintain and operate the Facilities in accordance with all requirements of the National Electrical Safety Code,as revised,any successor code designated by Georgia Power, and any applicable law or regulation that may be issued by an ' appropriate authority("Safety Codes"). The Licensee further agrees to notify any contractors that may be employed by the Licensee to perform any of the work required in this Agreement of the existence of the Code and Safety Codes and their applicable regulations by requiring said work to be performed in ' compliance with said Code and Safety Codes and regulations by including same as a requirement in its requests for bids and including them in said contract let as a result of said bids. The Li censee will warn all persons whom the Licensee knows or should reasonably anticipate may be in the vicinity of ' such conductors of the fact that such conductors are (a) electrical conductors, (b) energized, (c) uninsulated and (d) dangerous. The Licensee will not permit any individual to work on behalf of the Licensee within the Property or on any of the Facilities unless the individual has executed a general ' release in a form approved by Georgia Power. The Licensee will maintain such releases at Licensee's offices and,upon request,deliver them to Georgia Power for review and inspection. i GPC Augusta Rock Crede Sewer License V2 2014 01 03 3 Book 014 -•1098 Augusta-Richmond County 20140 66 05/23/2014 13:45:14.00 9. Condition , Licensee acknowledges that Georgia Power has made no representations as to whether the License Area is suitable for the uses contemplated herein, and Licensee accepts the License Area in its present condition as suitable for said uses. LICENSEE AGREES THAT LICENSEE IS ACCEPTING A LICENSE OVER THE LICENSE AREA "AS IS", "'WHERE IS", "WITH ALL FAULTS" AND GEORGIA POWER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSE AREA, INCLUDING WITHOUT LIMITATION, THE COND IiTION OR COMPLIANCE THEREOF WITH RESPECT TO ANY LAWS GOVERNING ENVIRONMENTAL PROTECTION, POLLUTION CONTROL OR LAND USE OR OTHERWISE CONCERNING THE LICENSE AREA, OR THE FITNESS, MERCHANTABILITY, USE OR CONDITION THEREOF OR ANY MATTERS RELATED THERETO. 10. Insurance i The Licensee must maintain commercial general liability insurance, and require that its contractors acquire and maintain commercial general liability insurance, naming Georgia Power as an additional insured,that is sufficient to protect against and cover any claims,whether in contract,tort or otherwise,that may be made under this Agreement, and any damages that may be awarded pursuant to such claims. Such insurance will not be less than $2,000,000 per occurrence and in the aggregate for bodily injury, $1,000,000 per occurrence for property damage, and excess liability umbrella coverage of$3,000,000, bringing total coverage to $5,000,000. Upon execution of this Agreement, and from time to time thereafter upon request, the Licensee will provide Georgia Power with a certificate of insurance evidencing such coverage. 11. Indemnification 1 To the extent permissible under the laws of the State of Georgia, Licensee will indemnify, save harmless and defend, and hereby releases, Georgia Power from the payment of any sum of money to any person (including third persons, subcontractors,the Licensee, Georgia Power and the kr respective employees) on account of any claim or suit resulting from injuries to persons (including death) including payments made under any Workers' Compensation law or any plan for employees' disability or death benefits or damage to property(including property of Georgia Power) in any way attributable to or arising out of the use of the License Area by the Licensee, its agents, employees, contractors and invitees as herein provided, including (but without limiting the generality of the foregoing) all liens, garnishments, attachments, claims, suits,judgments, costs, attorney's fees, cost of investigation and of defense, and including any claim resulting from the contributory negligence of Georgia Power. The foregoing obligation will not apply to the extent the personal injury and property damage claimed have been caused by the sole negligence, the proven gross negligence or the willful o r intentional misconduct of Georgia Power, its agents or employees. The Licensee having accepted the License Area in its present condition and having agreed that the License Area may not be suitable for the uses intended by the Licensee and further that the License Area may not be in a safe or proper condition for such uses described hereinabove, if the liability of Georgia Power arises due to the condition of the License Area or the suitability of the License Area for the uses intended in this Agreement, such shall not be deemed the sole negligence of Georgia Power. 12. Contractor's Indemnification The Licensee hereby agrees to incorporate in any and all of its contracts and/or agreements, for any work or construction done within the License Area, with any and all third persons, contractors, or GPC Augusts Rock Creek Sewer License 1/2 2014 01 03 4 Book 01440:1099 Augusta-Richmond County 201402, i 05/23/2014 13:45:14.00 ' subcontractors, a provision requiring said third parties, contractors, or subcontractors to indemnify and defend Georgia Power, its agents and employees, from payment of any sum or sums of money by reason of claims or suits resulting from injuries (including death) to any person or damage to any property which is in any manner attributable to or resulting from the construction, use or maintenance of the Facilities,projects or programs conducted within the License Area. ' 13. Limitation of Liability Georgia Power will not be liable to the Licensee for any interruption of Licensee's service or for any interference with or damage to the Facilities unless caused by Georgia Power's proven gross negligence or willful misconduct. Georgia Power will not be liable to the Licensee for any incidental, consequential or special damages suffered by the licensee,including lost profits,lost savings or loss of use. ' 14. Liens The Licensee shall not permit any mechanics' or materialmen's or other liens to be filed or ' placed against the Property by reason of work, services or materials supplied to or claimed to have been supplied to the Licensee and if any such lien should at any time be filed against the Property, the Licensee shall cause the same to be discharged of record by paying the amount claimed to be due, by deposit in court or by posting bond within thirty (30) days of the date of such filing. If the Licensee shall fail to discharge said lien within such period, in addition to any other rights or remedies of Georgia Power, Georgia Power may,but shall not be obligated to, discharge same either by paying the ' amount claimed to be due or by posting bond. Any amount paid by Georgia Power far any of the aforesaid purposes or for the satisfaction of any other lien caused by the Licensee and all reasonable expenses of Georgia Power in defending any such action or procuring the discharge of such lien, including reasonable attorney's fees,shall be repaid by the Licensee to Georgia Power on demand. ' 15. Expenses and Restoration ' The use of the License Area by the Licensee, its agents, employees, contractors ;Find invitees, shall be at the sole expense of the Licensee, and Georgia Power is specifically reli'::ved of any responsibility for damage to the Facilities of the Licensee, resulting or occurring from the use of the ' License Area by Georgia Power. The Licensee agrees that immediately following any construction, installation or maintenance activities related to its Facilities, as contemplated herein, the Licensee shall, at its sole cost and expense, restore all areas of the License Area not occupied by i:he Facilities which have been disturbed by such activities. All restoration of these lands shall be to a condition substantially the same as existed immediately prior to any such disturbances, including, without limitation, any and all necessary repairs and replacement of landscaping and pavement which may be removed and excavated by the Licensee, and all necessary repairs to restore the original contours and re-establish the ground cover to control erosion. The Licensee shall also notify Georgia Power when the work is completed and the Licensee shall provide a representative to accompany Georgia Power's ' representative on an inspection of the Property. 16. Costs for Rearrangement and Damages Notwithstanding anything contained herein, the Licensee agrees to reimburse Georgia Power for all costs and expense for any damage to Georgia Power's facilities resulting from the use of the ' License Area by the Licensee, its agents, employees, contractors and invitees. Also, the Licensee GPC Augusta Rock Creek Sewer License V2 2014 01 03 5 Book 014"- '100 Augusta-Richmond County 20140: 56 05/23/2014 13:45:14.00 • agrees, upon prior written notice and opportunity to cure, that if in the opinion of Georgia Power it becomes necessary, as a result of the exercise of the permission herein granted, to relocate, rearrange, add to,change or raise any of Georgia Power's facilities,the Licensee will either cure the cause of the interference by relocating,rearranging or changing the Facilities at its sole cost and option or promptly reimburse Georgia Power for all necessary costs and expense involved in such relocation, rearrangement or raising of Georgia Power's facilities. 17. Inspections 1 The Licensee must reimburse Georgia Power for costs incurred by Georgia Power for inspecting the Licensee's installation, maintenance and operation of the Facilities and the use of the License Area by Licensee,its agents,employees,contractors or invitees. 18. Georgia Power Expenses 1 The Licensee will be responsible for all expenses incurred by Georgia Power in conjunction with the approval, research, inspection and recording of the installation of the License e's facilities within the License Area. 19. Construction 1 The Licensee must submit construction plans suitable for review and approval by Georgia Power. Upon approval of the construction plans and assignment of an inspector, Georgia Power shall ' issue a written notice to proceed to the Licensee. Verbal approval is not permitted. The Licensee shall install,locate and construct the Facilities in strict accordance with the approved construction plans,in a good and workmanlike manner,in accordance with all applicable federal,state and local laws, statutes, codes, ordinances, rules and regulations, including, without limitation, the National High Voltage Safety Act, State of Georgia crane laws,and the National Electric Safety Code for work in and around high voltage power lines. Further, Licensee will submit as-built drawings to Georgia Power within ninety (90) days of completion of the work to become a part of Georgia Power's permanent records. Licensee, at Licensee's sole cost and expense, shall maintain the Facilities in good order and repair (including without limitation any necessary replacements). 1 20. Construction Notification The Licensee agrees to notify or have its contractor notify Anita Kattegat of Georgia Power at 1 (706) 667-5654, at least seven (7) days prior to actual construction within Georgia Power's Property. Submission of construction notification does not constitute Georgia Power approval to praaeed. 21. Removal of Facilities Within ninety(90) days after termination of this Agreement, the Licensee will remove, at its sole cost and expense, the Facilities from the License Area and will restore the License Area to a condition substantially similar to that existing prior to its use of same. If the Licensee doesF•not remove the Facilities within ninety(90) days, then Georgia Power may remove the Facilities and restore the License Area at the Licensee's sole cost and expense and without any liability for the Facilities. The Licensee must reimburse Georgia Power for Georgia Power's costs associated with such removal and restoration within thirty(30)days of receipt of an invoice from Georgia Power. GPC Augusta Rock Crede Sewer License V2 2014 01 03 6 111 IBook 40:1101 Augusta-Richmond County 201 24966 05/23/2014 13:45:14.00 22. Force Majeure If any circumstance or event beyond the reasonable control of a party (including without ' limitation, an act of God, hurricane, tornado, rain, tidal way; meteor shower, wind, hail, lightning, earthquake, snow, ice, extreme high or low temperature, change in the language or interpretation of any law or regulation, transportation delay, failure of telecommunications facilities, fire or explosion, ' riot,military action,usurped power,terrorist act or a governmental authority's act or omission)renders such party wholly or partly unable to perform any of its obligations under this Agreement, then such party will not be liable for any damages, costs, expenses or other consequences incurred by the other ' party, or by any other person, caused by, and such party's obligations hereunder will be suspended during the continuation of,such circumstance or event. ' 23. Term and Termination The term of this Agreement begins on the date hereof and continues until the Agreement is ' terminated pursuant to Section 3 hereof or either party gives the other party six (6) ma nths written notice of its intent to terminate. u24. Notices All notices, requests, demands and other communications provided for hereunder shall be in writing and shall be mailed by first class United States certified mail, return receipt requested,postage 111 prepaid,or deposited with a nationally recognized overnight carrier(such as,but not limited to,UPS or Federal Express) (delivery charges prepaid or billed to sender) for next business day delivery, or personally delivered to the applicable party at the addresses indicated below: Georgia Power: Georgia Power Company Attn: Susan Sears BIN 10151 15th Floor ' 241 Ralph McGill Boulevard Atlanta, Georgia 30308-3374 with a copy to: Georgia Power Company ' Attn:Anita Kattegat Bin 73012 2103 North Leg Road ' Augusta, Georgia 30909 Licensee: City of Augusta Augusta Utilities Department Suite 180 300 Bay Street Augusta, Georgia 30901 or, as to each party, at such other address number as shall be designated by such party in a written ' notice to the other party complying as to delivery with the terms of this paragraph. All such notices, requests, demands and other communication shall be deemed given upon the earlier to occur of(a)the third day following deposit thereof postage prepaid in the United States registered or o::rtified mail ' return receipt requested; (b)on the next business day after deposit with a nationally recognized GPC Auguste Rock Creek Sewer License V2 2014 01 03 7 1 . Book 0144 "02 Augusta-Richmond County I 201402 6 05/23/2014 13:45:14.00 overnight carrier as hereinabove provided; or(c)receipt by the party to whom such notice is directed. I Rejection or other refusal to accept or inability to deliver because of changed address cif which no notice was given shall be deemed to be receipt of the notice,demand, request or other communication. 25. Assignment 11 The Licensee may not assign any right or obligation under this Agreement, exc':pt with the I prior written consent of Georgia Power,which written consent shall not be unreasonably withheld. 26. Severability I To the extent legally permissible, the parties will replace any illegal, invalid or unenforceable provision with a valid provision that will carry out the intention of the parties. If the parties are unable I to replace any provision that is not essential to the commercial purpose of this Agreement, then the remaining provisions will remain in full force and effect. 27. Governing Law I Georgia law will govern the validity, interpretation and performance of this Agreement. The venue and jurisdiction for any litigation will be in courts of competent jurisdiction sitting in the State I of Georgia, having proper venue determined in accordance with Georgia law. Each party hereby consents to personal jurisdiction in such courts and waives forum non conveniens. 28. Complete Agreement This Agreement constitutes the full and complete agreement between the parties hereto with I respect to all matters contained herein, and evidence of any prior or contemporaneous oral agreement or understanding shall be inadmissible to alter the terms of this Agreement. 29. Binding Effect This Agreement and the covenants and conditions contained herein shall be binding upon and I in use to the benefit of each of the parties hereto and their respective successors,assigns and successors in title. I 30. Miscellaneous All rights,powers and privileges conferred hereunder upon parties hereto shall be cumulative to I and not restrictive of those given by law. No failure of Georgia Power to exercise any power given Georgia Power hereunder, or to insist upon strict compliance by Licensee with Licensee's obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Georgia Power's right to demand exact compliance with the terms hereof. Georgia Power will not bear any cost for repair to the Facilities caused by Georgia Power's maintenance of its facilities. This Agreement may be executed in several counterparts each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. Time is of I the essence in this Agreement. The provisions of this Agreement do not create, and shall not be deemed to create, in Licensee any estate, easement, lease, or term for years in the License Area, I Licensee having only a license to use the License Area. (Signatures begin on next page.) I GPC Augusts Rock Creek Sewer Licence V2 2014 01 03 8 I Book 0144^:1103 Augusta-Richmond County 20140 36 05/23/2014 13:45:14.00 IN WITNESS WHEREOF,the duly authorized representative of the parties hereto have affixed their hands and seals hereto causing this Agreement to be executed this date first listed above. ILICENSEE: ISigned,sealed and delivered in the AUGUSTA, GEORGIA presence of: 1.J ,/ By: (---(-)-4' V c — I �' i ts: David Copenhaver. Mayor Witnesiir � /� / 4 Mr Y /��A(test: 1a ' 4- )19/41 ��,r , Its: Nancy Majaski, Dep. Clerk of Comm. No . 'lb,, I . (SEAL) My Commissi��narap' Notarial : lli'slt ti i * 4 JULY 9L, F 24 *B 's 't11 2016 I • IGEORGIA POWER: Signed,sealed and delivered in the GEORGIA POWER COMPANY,a G i.orgia Ipresence •f: corporation 41/ (' By_ r Esc . , I Witness Its: , .Clanton A kk� Vine President-land -, J Attest: Q.L. .O.Pio._. '''''?'::.1c-%, No .' Pub Fr Its: Laura I.Patterson ,"' ' j/ Assistant Secretary . "".7,e) ' My Commission expires: -3 A f 4 (CORPORATE SEAL) _ " . 111 Notarial Seal ,,, Approved: ootti_�R•,•..•Haj ,,, Transmission Maintenance Center ... (o.osS10N e A����s �+_° MAa �;.�= By: 07 o * 27 s ,t•`*= Name: 13reir1- L-•+►c�►�c I '•.oF� 2 41:0 NTitle: yvS.. vt P�rso /iQ,,TA'AY,P�143 CO Tont._g`��. I I GPC Augusta Rock Creek Sewer License V2 2014 01 03 9 I Book 01440:1'"4 Augusta-Richmond County ' 2014024 05/23/201413:45:14.00 EXHIBIT"A" , PROPERTY 1 1 1 I ' 1 1 1 1 1 1 1 GPC Augusta Rock Creek Sewer License V2 2014 01 03 1 , I 8 E 13 8 a 8 g 1.1 I 1 emeseel --- xaaxxx i IIPIIILI p IltAgliE 7— 90442 IIIS-?Pr ht71VPV s I 1 1 -- 44.4. 2fRUg iii--112 v - %. : ; • •. •., ,. i ,• ------....." II I I II III i ..1 ; ; N :2 7.---------- 14 ca„z i'',, ---[ -[ 1 i`t - q iiirf ''.:. I 7 a 'fi '. ' / 4 i"..29 if ill CI f r tl' il r•- ,•„ VII ,;. Ili' a),-1 I t , 0 1 • r', /7. 1;11 1 - 3 1.6-", -, • I o , Ei --, ril .e- ig ra...-- - 81:: ni - ' :/. 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I I / U � a y Q O K . 8 8 i ib • CO N ' I Book 01 1108 Augusta-Richmond County 1 20140_ .J66 05/23/2014 13:45:14.00 • EXHIBIT"B" SPECIAL STIPULATIONS TO LICENSE AGREEMENT , between GEORGIA POWER COMPANY and 1 AUGUSTA,GEORGIA GEORGIA POWER COMPANY ("Georgia Power") and AUGUSTA, 1 GEORGIA(the"Licensee")agree: 1. The Facilities must be located in the center of a five (5) foot wide strip located parallel to and inside the eastern boundary of the sixty(60) foot operation and maintenance strip of Georgia Power's 15t Street - West Augusta 115kV Transmission Line and within the outer five(5) feet of said sixty(60) foot operation and maintenance strip (the centerline of said sixty(60) foot operation and maintenance strip being the centerline of said transmission line) (between the existing transmission line and the eastern edge if the right-of-way) and extend approximately 1,620 feet,all as more particularly shown on Exhibit"A". 2. All construction activity shall be conducted within the five(5)foot strip described above. 3. The Facilities shall be buried at such a depth (a minimum of four (4) feet below the ground surface) as to withstand the passage of Georgia Power's construction and maintenance vehicles over them. 4. The Licensee agrees to perform all necessary grassing and landscaping within the ' License Area to restore the License Area to a condition substantially the same as existed prior to any such disturbances. 5. Georgia Power will not bear any cost for repair to the Facilities caused by the Georgia Power's maintenance, repair or replacement of Georgia Power's facilities. 6. The Licensee shall install the Facilities utilizing open cut trenching. 7. The Licensee shall install its facilities in a such a manner, and in a timely fashion, so as to preclude any interference,whatsoever,with Georgia Power. GPC Augusta Rock Creek Sewer License V2 2014 01 03 I Book 014 109 Augusta-Richmond County • • 20140: 66 05/23/2014 13:45:14.00 t 8. The Licensee shall inform the designated Georgia Power representative on a ' weekly basis about their location and activity on the License Area. 9. The Licensee and Georgia Power shall conduct a pre-construction meeting a ' minimum of three weeks prior to the start of construction. This meetinlg, will include the overall construction schedule and appropriate communication channels between the two companies. 10. The Licensee shall install its facilities to DOT specifications and at a depth, that will, at a minimum,allow its Facilities to withstand the passage of Georgia Power ' maintenance vehicles over said Facilities. 11. All underground lines shall be clearly marked on the ground, or have metallic strips attached to them,to enable the lines to be located from the surface. 1 1 1 1 Filed in this office: Augusta-Richmond County ' 05/23/2014 13:45:14.00 ELAINE C JOHNSON Clerk of Superior Court GPC AugustaRock Creek Sewer License V2 2014 01 03 i I I I I I I I I I I I I I I I I I I I I . , • AFTER RECORDING,PLEASE RETURN TO: n.)----69 0 0 AUGUSTA LAW Dt rARTMENT g �o S R- _.=0 . =I,—0 I , • 520 - 520 Greene Street PS- FORM 1001-G 1GI 1 A .n ' AUGUSTA, GA 30901-4415 KEC REVISED APRIL 29,2008 D mm V AGREEMENT NO.CSX748015 c MB m6 w I z ' FACILITY ENCROACHMENT AGREEMENT a_-m�, 3 AV 2 c THIS AGREEMENT,made and effective as of November 14,2013,by and between °M N") I CSX TRANSPORTATION,INC.,a Virginia corporation,whose mailing address is 500 Water o= �'73 Street,Jacksonville,Florida 32202,hereinafter called "Licensor,"and AUGUSTA GEORGIA,a S 3 municipal corporation,political subdivision or state agency,under the laws of the State of I Georgia,whose mailing address is 530 Greene Street,Augusta,Georgia 30901,hereinafter ca I leda. "Licensee," o0 WITNESSETH: ,� IWHEREAS,Licensee desires to construct(unless previously constructed and designated as existing herein),use and maintain the below described facility(ies), hereinafter called I "Facilities,"over,under or across property owned or controlled by Licensor,at the below described location(s): I1. One(1)twenty inch(20")diameter sub-grade pipeline crossing,solely for the conveyance of raw/treated sewage,located at or near Augusta,Richmond County,Georgia,Florence Division,Mccormick Subdivision,Valuation Station 194+58,Milepost AK-463.85,Latitude N33:30:48.56, Longitude W82:00:20.58; Ihereinafter,collectively,called the"Encroachment,"as shown on print(s)labeled Exhibit"B," attached hereto and made a part hereof;other details and data pertaining to said Facilities being Ias indicated on Exhibit"A,"also attached hereto and made a part hereof; NOW,THEREFORE, in consideration of the mutual covenants,conditions,terms and Iagreements herein contained,the parties hereto agree and covenant as follows: 1. LICENSE: I1.1 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: I (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; I (B) All encumbrances,conditions,covenants, easements,and limitations applicable to Licensor's title to or rights in the subject property;and I (C) Compliance by Licensee with the terms and conditions herein contained; I 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 IPage 1 of 15 0 • Book 01434:2135 Au. -Richmond County • 2014018080 04 /2014 15:42:17.00 PS- FORM 1001-0 t REVISED APRIL 29,2008 AGREEMENT NO.CSX748015 1.2 The term Facilities,as used herein, shall include only those structures and 1 ancillary facilities devoted exclusively to the transmission usage above within the Encroachrrcmt, and as shown on attached Facility Application Form and plan(s). 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 consent of Licensor. ' 2. ENCROACHMENT FEE;TERM: 2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee o f FOUR THOUSAND AND 00/100 U.S.DOLLARS($4,000.00)upon execution of this 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 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(car 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 Agreement shall terminate as herein provided,but shall also terminate upon:(a)Licensee's cessation of use of the Facilities or Encroachment for the purpose(s)abov e; (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. 3. CONSTRUCTION,MAINTENANCE AND REPAIRS: , 3.1 Licensee shall construct,maintain,relocate,repair,renew,alter,and/or remove the Facilities,in a prudent,workmanlike manner,using quality materials and complying with any applicable standard(s)or regulation(s)of Licensor(A.R.E.M.A.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 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. 1 Page 2 of 15 0 ' Book 01434:2136 1 eta-Richmond County 2014018080 0-+,.4/2014 15:42:17.00 00 PS- FORM ICO1-G REVISED APRIL 29,2008 AGREEMENT NO.CSX74 3015 I 3.3 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 I renewals,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 method of construction or maintenance of said Encroachment,nor any approval given or I 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. I 3.8 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. for the contracted purpose,Licensee,at its sole cost and expense,shall obtain all necessary Ipermit(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.,a nd State"One Call" "Call Before You Dig"requirements. IPage 3 of 15 0 I t • Book 01434.2137 Auc -Richmond County ' • 2014018080 04. _ 2014 15:42:17.00 PS- FORM 1001-G ' REVISED APRIL 29, 2008 AGREEMENT NO.CSX746015 4.2 Licensee 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. 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensor's 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. 1 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 abovegrouncl 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 ' 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 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 (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 ' changes at Licensee's cost. r Page 4 of 15 e ' • ' Book 01434:2138 Au 1-Richmond County 2014018080 04 /2014 15:42:17.00 ' PS- FORM 1001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX7448015 7. FACILITY CHANGES: ' 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 Facilities or change the Encroachment, at Licensee's expense,should such relocation or change be necessary to comply with the minimum clearance requirements of Licensor. 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 I 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 arty 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,Licens::e, 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. ' 9. RISK,LIABILITY,INDEMNITY: ' With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 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 ' Page 5of15 0 i Book 01434:2139 Au • a-Richmond County ' 2014018080 0' /2014 15:42:17.00 PS- FORM 1001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX7,I8015 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 construction,repair,maintenance,replacement or removal of the Facilities,wherein agents, 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. 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. 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 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 nonsudclen 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 leakage. ' 9.4 Notwithstanding Section 9.1,Licensee also expressly assumes all risk of loss 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 joint fault. 9.5 Obligations of Licensee hereunder to release,indemnify and hold Licensor 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 in such handling or defense. Page 6 of 15 a ' • ' Book 01434:2140 Aug -Richmond County 2014018080 04 _ ..2014 15:42:17.00 ' PS- FORM 1001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX7413015 ' 9.7 Notwithstanding anything contained in this Agreement, the limitation of 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) Statutory Worker's Compensation and Employers Liability Insurance with available limits of not less than ONE MILLION AND 00/100 U.S.DOLLARS($1,000,000.09), ' 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 Iimits 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 liability insurance 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 continuf:d 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 solo 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. tPage 7of15 0 Book 01434:2141 Au •1-Richmond County ' • 2014018080 0.... ./2014 15:42:17.00 PS- FORM 1001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX748015 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, written on the current ISO/RIMA Form(ISO Form No.CG 00 35 01 96)with limits of FIVE 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($10,000,000.011) aggregate limit per annual policy period,with Pollution Exclusion Amendment(ISO CG 28 3 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(CSXT Form 7422). 11.2 If Licensor deems it advisable,during any construction,maintenance,repai r, 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. , 11.3 Subject to Licensor's consent and to Licensor'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 expense;and in such event,Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. Page 8 of 15 a Book 01434:2142 Aug -Richmond County 201401808004L ..2014 15:42:17.013 I . PS- FORM 1001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX748015 I12. LICENSOR'S COSTS: I 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. I12.2 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 Ian advance deposit for estimated Licensor costs and expenses. 12.3 Such expense shall include,but not be limited to, cost of railroad labor and I 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. Equipmen t rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may,at its I discretion,require advance deposits for estimated costs of such expenses and costs. 13. DEFAULT,BREACH,WAIVER: I13.1 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 I receiving written notice from Licensor to do so(or within forty-eight(48)hours in the event c.r 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) I 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 an.y subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. I 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 I 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. I I I IPage 9of15 0 • Book 01434:2143 Au -Richmond County 2014018080 04/u'+/2014 15:42:17.00 PS- FORM 101-G 1 REVISED APRIL 29,2008 AGREEMENT NO.CSX7'.8015 14. TERMINATION,REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date o f 1 (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 sol:: 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 Licensor,and(c)reimburse Licensor any loss,cost or expense of Licensor resulting from such removal. 15. NOTICE: , 15.1 Licensee shall give Licensor at least thirty(30)days written notice before doing my 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: 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,c/c 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, 1 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. Page 10 of 15 0 I 1 IBook 01434:2144 Augus Richmond County 2014018080 04/0 ___)14 15:42:17.00 • PS- FORM 1001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX74I8015 ' 16. ASSIGNMENT: ' 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee 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 inure to the benefit of the parties hereto and their respective successors or assigns. t16.3 Licensee shall give Licensor written notice of any legal succession(by 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. 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 Encroachment,upon written notice thereof to Licensee. ' 16.5 In the event of any unauthorized sale,transfer,assignment,sublicense or 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 may incur as a result of Licensee's failure to obtain said consent. 17. TITLE: ' 17.1 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 or be deemed to act as any warranty,guaranty or representation of the quality of Licensor's tit I e 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 ' interests previously granted to others therein. I7.2 The term "license,"as used herein,shall mean with regard to any portion of ' 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 Agreement, such waiver continuing only so long as Licensor continues its own occupation,use ' Page 11 of 15 e I • Book 01434:2145 Aug -Richmond County 2014018080 04 2014 15:42:17.00 PS- FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO.CSX74.8015 or control. Licensor does not warrant or guarantee that the license granted hereunder provide::3 I 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 I 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 1 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 I to any portion thereof arising from Licensee's use or occupancy thereof. 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 I 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 thh:: Encroachment or any portion thereof or any other Licensor property. 17.8 In the event that any property of Licensor becomes subject to such Liens or I 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 I 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. I Page 12 of 15 0 I I ' Book 01434:2146 Aug•'sta-Richmond County 2014018080 04 /2014 15:42:17.00 ' PS- FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO.CSX74!,015 ' 182 Neither this Agreement,any provision hereof,nor any agreement or provision 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. 18.4 This Agreement is executed under current interpretation of applicable t 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 no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Facilities and Encroachment are located. 1 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 ' permitted. 18.7 Licensee agrees to reimburse Licensor for all reasonable costs(including attorney'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. 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). 19. RIDERS: 19.1 The following Rider(s)is/are herewith attached and included herein: ' [X] Telecommunication Cable or Fiber Optic Line ' Page 13 of 15 e w Book 01434:2147 Au 1-Richmond County I • 2014018080 04,.,-/2014 15:42:17.00 PS- FORM 1001-G I REVISED APRIL 29, 2008 AGREEMENT NO.CSX74 8015 I IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplic<Lte (each of which shall constitute an original)as of the effective date of this Agreement. I Witness for Licensor: CSX TRANSP t ' AT,`'�IN . I /� r / Q.1 „ V---„—_ By. .// I - Print/Type Name: jam R_Elder IIDirector Print/Type Title: I Witness for - -•1lot. •• AUGUSTA GEORGIA I liNti By: dc.;61(C------ I 2�4i &o,by the execution hereof,affirms that he/she has the authority to do so and to bind the Licensee to the I terms and conditions of this Agreement. I Print/Type Name. David Copenhaver .— Print/Type Title: Mayor — I Tax ID No.: 58-2204274 — I Authority under Ordinance or I ResolutionNo.Approved - Augusta Commsion Dated Jan. 21 . 2014 — 1 Page 14 of 15 0 I I ' Book 01434:2148 Augu: Richmond County • • 2014018080 04/0 )14 15:42:17.00 PS- FORM 1001-G REVISED APRIL 29,2008 ' AGREEMENT NO.CSX74.8015 COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER ' This Rider is and shall be a part of Agreement No.CSX748015, and is incorporated therein. ' 1. No construction of any type pursuant or related in any way to this Agreement shall be commenced by Licensee,or by any agent,representative, contractor,subcontractor of Licensee,without Licensee first giving at least thirty(30)days written notice to the following Parallel Cable Occupier(s): ' ("MCP") ATTN: Investigations Mr.Dean Boyers ' Worldcom/MCI Telecommunications Corporation 2400 North Glenville Drive Richardson,TX 75082-4354 Phone No.(800)624-9675 I or(972) 729-6016 (NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED) 2. The notice shall be accompanied by drawing(s)showing the general plan, elevation,details and methods of Licensee's proposed construction, and the location of Occupier(s)'cable or facilities in relation to Licensee's proposed construction. ' 3. Prior to any construction,Licensee must locate and identify,any existing cable, wire or fiber optic line(including any appurtenances thereto)of said cable occupier(s)traversing ' or located in,on,or immediately adjacent to the proposed Crossing,at Licensee's sole risk. 4. Any changes,alteration,relocation or protection of wire(s),cable(s)or facilities of such Occupier(s),required by said Occupier(s), shall be at Licensee's sole expense except<<s otherwise negotiated between Licensee and said Occupier(s). ' 5. Licensee shall be solely responsible and liable for any damage to(e.g.,cutting, dislocating,etc.)said wire(s)or cable(s),and appurtenances thereto,resulting in any way from. Licensee's exercise of rights or privileges under this Agreement. t6. Licensee shall defend,indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). t ' Page 15 of 15 e 1 iliw • Book 01434:2149 Augusta-Richm County I • CSX748015 2014018080 04/04/2014 ' .42:17.00 Ext'bit A Mx I Print form Mail To CSX Transportation,Inc. FORM CSXT uA 0l 03f30r09 —-1i ATTN Corridor Occupancy Services Page 1 of 2 Reset Form 500 Water Street,J-180 Jacksonville,FL 32202 I Submittal Must Include Drawing(s)and Review Fee(s) 1. Application Date: July 1,2013 CSXT File/Agreement Number: 1 5y /1 ii cl 4- ' SECTION 1:FACILITY'OWNER INFORMATION ' TO BE COMPLETED BY i,I'PLICANT I Owner/Legal Company Identification(required) —, -----S3]IAB3S7Md08d i Owner's Complete Legal.Augusta,Georgia --- NOIRLII0d6Wil.XS, III Company Name; j- ___ __________ -U 1 Legal Address(1)1 Augusta Utilities Department I Legal Address(2)1530 Greene Street — - L a /A P E 3 M - i i I City Augusta [-- State: GA ZipI30911 Business Type I0 Corporation Limited Liability Company [] Limited Partnership . I _ -![] Municlpallty 0Limited Liability Partnership nGeneral Partnership _ I i State of Incorporation i I Other Business Type-Describe' CSX PROPERTY SERVICES,REVIEW ©No exceptions 0 txceptions miff I Billing Address Thus review fifer the general conformaiu e with CS%utility design specifications only Sole responsibility for all 0 (Check box if same as above) if not,please complete below. aspects of the overall design shall remain with the facility i proceed without meeting all of ('X's safety and I Billing Address(1)I Augusta Utilities Department contractual requirements — -- ---- —-- --- By. {a, �h.n - Billing Address(2) 360 Bay Street,Suite 180 City I Augusta State: GA ) , Zip. 30901 I Owner Contact Information IT Contact Name i Sandra K.Tyler Contact Title I!and Acquisition Manager i I Office Phone i 706-312-4143 Ext I Mobile Phone '—— Efnad• styler@augustaga.gov ___.1Eriergency Phone. SECTION 2:PROJECT CONTACT INFORMATION TO BE COMPLETED BY • •PLICANT x i • Check here if addressYls the Same as legal address above. • If not the same as abave,,pheckherti ffagreement should be mailed to this address. Project Engineer/Consultant/Agent Information Engineer/Consultant/ZEL Engineers,Inc. I Agent Company Name. -- 1 Contact Name'Jorge Jimenez ' IMailing Address 1 435 Telfair Street I City;Augusta State GA Zip:130901 Office Pnone 706-724-5627 - Mobile Phone 1 I Email-jjimencz(rzelengineers.com Sheet 1 of 2 07/24/2(113 I Ie• Book 01434:2150 Augusta-Richmond my • CSX748015 2014018080 04/04/2014 15:4:17.00 Exhibit A I CILIC' Application for Facility/Utility Installation FORM CSXT#1;101 0330x09 Page 2 of 2 I SECTION 3:PROJECT INFORMATION/LOCATIONTO BE COMPLETED BY IPPLICANT --1-.' • . • ••ProJpctiiefenence. . •. : . • . • •- - _ I I Is this covered by an existing CSX permit/agreement or master agreement ❑ Yes Provide Agreement#and/or date: 0 No I Is this project related to another transaction/project with CSX• ❑ Yes Descnbe: 0 No I Provide utility owner project reference number - Project Scope ; Check box to indicate type of Installation request: I 0 New Installation Request ( CSX PROPERTY SERVICES aEVIEW ❑ Upgrade/Replacement/Relocation of Existing Facilities W Exceptions❑Excepti:rns Noted This review Is for the general conformance with CSX utility Will proposed installation connect to an existing facility within railroad corridor design specifications °"ly. Sok 'esp°''`"'t+ for '0 aspects of the overall design shall remain math the facility I 0 Yes Provide name of connecting facility owner. owner. Thin review does not const,tul,• approval to Proceed without meeting at of CSX'• safety and ONo contractual requirements. fry Check all boxes that apply to indicate type of installation request: By: ' Ir I 0Sub-grade ` O Aerial If"Sub-grade,"check all boxes that apply to indicate proposed method of installation: I 0 Jack&Bore ❑ Horizontal Directional Drill ❑ Other Describe Project Description Description/Scope(Include-purpose, scope of work,materials,equipment,geographic features,special conditions) A Jack and bore crossing for a 20"HOPE sewer forcemain in Augusta-Richmond County,Georgia. Crossing is approximately 7'under the rail to I the top of a steel casing pipe 0.50"thick.The sewer forcemain Is low-pressure,and consists of a combination gravity/pumped operation. Shut off valves are present approximately 600'in one direction and 65'in the other.The geographic area is transitional piedmont/coast al plain, consisting of typical sand/clay mixes with weathered saprolite present in locations. I I I IProject Location City. Augusta 6-606_6,3-ft' County' f i I rC It':j r'-,-'"((1,114111) j State. Georgia I Will(salify installation be located entirely within public road right-of--way: i —1 ❑ Yes Provide AAR/DOT Crossing Inventory Number of Road(posted at crossing)I E] No I Sheet 2 of 2 07/24/2013 D I • Book 01434:2151 Augusta-Richmond County E 2014018080 04/04/2014 15:42:17.00 g I x-\,,, A. at •fe14.f y 4 4- I ��/ '} / el 1 \ I" l`1 c Ao, i rI • C /, iiip A I , os �'is, '1 d emob M(o) • • Ty• I , Af ., \ ---___________ ____. `/ ` � � s n '1 D. l 3 o• Lt(o) (A)•t f J // ` •\ '.- RI 1� • 2 I , .i .AQP -„' ° / '::•,. qt , P z 7tly� i L r p a o. { hyo{�,� N ^ i?'9 7 \.‘ A A % is $ 4 , .\ „ \ \ P'4. t t , $o / 't 'ss, A \ c i3e}o s six ='m �§' # iW 8 r rr i s ai TO -- �:W s a ip . nE 1113 r^ E r i _ I R . (i r r T rV1. v m I w I It . , , Book 01434:2152 Augusta-Richmond County I m 2014018080 04/04/2014 15:42:17.00 0 N x N O N o.e3^ -e9�- 3JP'a9 � rY a��& -'l5�`_ 1 111 . . I � g -1` z is lf�s1 tt{ o• Llt a c Ls rV x. f iA 4 t �� .11 C E tltl f v.z 3 y � v�tZ 1: `�` ¢ zi' lip 1 4. r _a I t .; F'I•I lflz ( � mN Oji -i 1 D I.k61. -4 1 , _ _-_ 1 - c,MACK I vI ii €A = : iC e ` wI i. I i� • - C � �' Y + p .1 s. I r -: III- F v 3 e o 1 w s ;,IR IX' 4E 3r4 ? D I ' 3 1 S hie a kr,p, z I 3 € .5! v_Q' TY ,� '_'ll — 7r G El h7E ! j ] I yr •. 1 S� oZ o o fe s ° r I! ) I ! 1• c I Inc i t Fes.—.'I rt a I 1. s FI r, N I Ji7CJ:' .3ir,. ^'I vvId;-: If RI AI! O o s.e : 5 R 2 $ olw' '1 11 ztilE c HI S .I R - T le)7' �'5t 1 + rtrt o CO CO I M I II S R 1-- I I r n - I ! i ! J m o a,>< cp = I Lill, F I � q O * 3,,„:.,1; I I C Qu'"'l8 l , , Ilij ! : ijII SIr q t 4 4 s ` II t Ess r s c i i Ina 5 fig+ t mi bO..o%_ €� -. 15 Io c C9 ; ? b= HE1H ! i1f t5 0 Filed in this office: i" I 4 Augusta-Richmond County 04/04/2014 15:42:17.00 ELAINE C JOHNSON I Clerk of Superior Court I I AFTER RECOD� IING,PLEASE ` , . RETURN TO. ' AUGUSTA LAW DEPARTMENT N o;co I 520 Greene Street ° AUGUSTA, GA 30901-4 $=>S 415 KEC PS- FORM 1001-G - D rn o REVISED APRIL 29,2008 t' I g A Dmow I " �z� AGREEMENT NO.CSX:755045 s m 8 FACILITY ENCROACHMENT AGREEMENT S E"P' i D THIS AGREEMENT,made and effective as of November 13,2013, by and between s�3 Ol I CSX TRANSPORTATION, INC.,a Virginia corporation, whose mailing address is 500 Water o 6,calm 6,x Street, Jacksonville,Florida 32202,hereinafter called "Licensor,"and AUGUSTA,GEORGIA,a g l� S a municipal corporation,political subdivision or state agency,under the laws of the State of 3 I Georgia,whose mailing address is 360 Bay Street,Augusta,Georgia 30901,hereinafter called a "Licensee," WITNESSETH: ci I WHEREAS,Licensee desires to construct(unless previously constructed and design-:ed as existing herein), use and maintain the below described facility(ies),hereinafter called t "Facilities,"over,under or across property owned or controlled by Licensor,at the below described location(s): 1. One(1)nine inch(9")diameter sub-grade pipeline crossing,solely for the conveyance of I potable water, located at or near Augusta,Richmond County,Georgia,Florence Division, Mccormick Subdivision,Milepost AK-464.46,Latitude N33:31:04.49,Longitude W82:00:46.71; Ihereinafter,collectively,called the"Encroachment,"as shown on print(s)labeled Exhibit"B, ' attached hereto and made a part hereof;other details and data pertaining to said Facilities being as indicated on Exhibit"A,"also 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: I1. LICENSE: 1.1 Subject to Article 17,Licensor, insofar as it has the legal right,power and I authority to do so,and its present title permits,and subject to: (A) Licensor's present property within the area of he Enc oachment for futue nydrand all purposes;right torpcupypossess and use its I (B) All encumbrances,conditions,covenants,easements,and limitations applicable to Licensor's title to or rights in the subject property;and I (C) Compliance by Licensee with contained; the terms and conditions herein Idoes hereby license and permit Licensee to construct,maintain,repair,renew,o erat or change the Facilities at the Encroachment above for the term herein stated, and to remove Iter I same upon termination. I I Page 1 of 15 0 I I , 01433:2035 Augusta-Richmond Count I . . L.. 140161 29 03/26/2014 16:08:3 . ) PS- FORM 1001-G I REVISED APRIL 29,2008 AGREEMENT NO.CSX755045 1.2 The term Facilities,as used herein,shall include only those structures and I ancillary facilities devoted exclusively to the transmission usage above within the Encroachni ent, and as shown on attached Facility Application Form and plan(s). I 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 consent of Licensor. I 2. ENCROACHMENT FEE;TERM: 2.1 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 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 t and/or assignment)or if the original Licensee changes its name,then Licensee shall be subject to 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. I 2.2 However,Licensee assumes sole responsibility for,and shall pay directly;or reimburse Licensor),any additional annual taxes and/or periodic assessments levied against I Licensor or Licensor's property solely on account of said Facilities or Encroachment. 2.3 This Agreement shall terminate as herein provided,but shall also terminate I upon:(a)Licensee's cessation of use of the Facilities or Encroachment for the purpose(s)above; (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. I 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 I for any public works project of which said Facilities is a part. 3. CONSTRUCTION,MAINTENANCE AND REPAIRS: I 3.1 Licensee shall construct,maintain,relocate,repair,renew,alter,and/or remove the Facilities, in a prudent,workmanlike manner,using quality materials and complying with any I applicable standard(s)or regulation(s)of Licensor(A.R.E.M.A.Specifications),or Licensee's particular industry,National Electrical Safety Code,or any governmental or regulatory bods; having jurisdiction over the Encroachment. I 3.2 Location and construction of Facilities shall be made strictly in accordance 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 Page 2 of 15 0 I I „ Book 3:2036 Augusta-Richmond County 2014u16129 03/26/2014 16:08:33.00 I PS- FORM MI REVISED APRIL 29,2008 IAGREEMENT NO.CSX755045 3.3 All of Licensee's work,and exercise of rights hereunder,shall be undertak en 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 representativ e will be assigned by Licensor to monitor blasting,and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 1 3.5 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, operations, equipment and/or employees from damage or injury,may request immediate repair or renews I of the Facilities,and if the same is not performed,may make or contract to make such repairs or renewals, at the sole risk,cost and expense of Licensee. I 17 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 I 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/cr 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 any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above I or from improper or incomplete repairs or maintenance to the Facilities or Encroachment. 4. PERMITS,LICENSES: I4.1 Before any work hereunder is performed, or before use of the Encroachment 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 I 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) and authorization(s),and shall comply with all applicable ordinances,rules,regulations, I requirements and laws of any governmental authority(State,Federal or Local)having jurisdiction over Licensee's activities, including the location,contact,excavation and protection regulations of the Occupational Safety and Health Act(OSHA)(29 CFR 1926.651(b)),et al.,and I State "One Call”-"Call Before You Dig"requirements. I Page 3 of 15 0 1 B• 1433:2037 Augusta-Richmond County • ' 2� 016129 03/26/2014 16:08:33._ ' PS- FORM 1001-0 REVISED APRIL 29,2008 AGREEMENT NO.CSX755045 , 4.2 Licensee 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. 1 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensor's 1 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;and111 (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 subjacent support in the Encroachment area for a period of three(3)years after completion of installation. I 6. TRACK CHANGES: 6.1 In the event that rail operations and/or track maintenance result in changes in ' 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 (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 changes at Licensee's cost. I 1 Page 4 of 15 0 ' I • Book 01433:2038 Augusta-Ric nd County 2014016129 03/26/201 6:08:33.00 I PS- FORM 1001-G REVISED APRIL 29,2008 I AGREEMENT NO.CSX755045 7. FACILITY CHANGES: I7.1 Licensee shall periodically monitor and verify the epth or height of the Facilities or Encroachment in relation to the existing tracks and facilities,and shall relocate the I Facilities or change the Encroachment,at Licensee's expense,should such relocation or change be necessary to comply with the minimum clearance requirements of Licensor. 7.2 If Licensee undertakes to revise,renew,relocate or change in any manner I 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 I shall be submitted to Licensor for approval before such change. After approval,the terms and conditions of this Agreement shall apply thereto. I 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 I maintenance of said Facilities, in the soleud gent of Licensor,causes:(a)(including, but not limited to,physical or interrfer nce from an electromagnetilcerference induction, or interference from stray or other currents)with Licensor's power lines,communication,signal,:ir I other wires,train control system,or electrical or electronic apparatus;or intererence in manner, with the operation,maintenance or use of the rail corridor, track()) structures,pole Iine(s),devices, other property,or any appurtenances thereto;then and in either event,Licensee, I 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 sale I cost. 8.2 Without assuming any duty hereunder to inspect the Facilities,Licensor here by I 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. 1 9. RISK,LIABILITY,INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: I 9.1 To the fullest extent permitted or statutory,as amended),Licensee hereby agrees to,defend, indemnify, and hold Licensor lharmless from and Iagainst 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 perso n whomsoever(including officers, agents,employees or invitees of Licensor),and for damage to 111or loss of or destruction of any property whatsoever,arising out of,resulting from,or in any way Page 5 of 15 0 I I Book 01433:2039 Augusta-Ricrr nd County ' 2014016129 03/26/201 3:08:33.00 PS- FORM 1001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX755045 , 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 construction,repair,maintenance,replacement or removal of the Facilities,wherein agents, ' 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. 1 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 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 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 nonsudd en 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 leakage. , 9.4 Notwithstanding Section 9.1,Licensee also expressly assumes all risk of loss 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 joint fault. 9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor 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: in such handling or defense. Page 6 of 15 e ' t ' Book 0143 40 Augusta-Richmond County 201401 9 03/26/2014 16:08:33.00 PS- FORM 1001-G REVISED APRIL 29.2008 1 AGREEMENT NO.CSX755045 9.7 Notwithstanding anything contained in this Agreement,the limitation of liability contained in the state statutes,as amended from time to time, shall not limit License is Iability to collect under the insurance policies required to be maintained under this Agreemen E. 10. INSURANCE: I10.1 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), Iwhich must contain a waiver of subrogation against CSXT and its Affiliates; (ii) Commercial General Liability coverage(inclusive of contractual liability)with I 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)drys' I 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 IRenewalCOl@csx.com. (iii) Business automobile liability insurance with available limits of not less than ONE I 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. I 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 Ioccupation,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 I risk. 10.3 Licensor, or its designee,may at any time request evidence of insurance I 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 I Agreement, but shall be security therefor. I I Page 7of15 0 Book 0143- --41 Augusta-Richmond Count 9 Y • • ' • 201401 :9 03/26/2014 16:08:33.00 PS- FORM 1001-G REVISED APRIL 2S.2008 AGREEMENT NO.CSX7:55045 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, written on the current ISO/RIMA Form(ISO Form No.CG 00 35 01 96)with limits of FIVE 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 28:11 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 ti'ne 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 Licensees ' contractor to move any vehicles or equipment over the track(s),except at public road crossing(s), without separate prior written approval of Licensor(CSXT Form 7422). 11.2 If Licensor deems it advisable,during any construction,maintenance,repai , 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 fails re to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules an:l labor agreements, Licensee may provide flagmen,watchmen, inspectors or supervisors during z 11 ' times of construction,repair,maintenance,replacement or removal,at Licensee's sole risk and expense;and in such event,Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. Page 8of15 8 ' 1 , Book 0 :2042 Augusta-Richmond County • 2014,. .-129 03/26/2014 16:08:33.00 I PS- FORM 1001-G REVISED APRIL 29,2008 I AGREEMENT NO.CSX'155045 22. LICENSOR'S COSTS: I12.1' Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. I12.2 Licensor's expense for wages("force account"charges) and materials for an work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within y thirty(30)days after receipt of Licensor's bill therefor. Licensor may,at its discretion,request I 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 I • 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. I 13. DEFAULT,BREACH,WAIVER: I13.1 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 I receiving written notice from Licensor to do so(or within forty-eight(48)hours in the event c r 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) I having been paid in advance for any annual or other period. Upon such revocation,Licensee shall make removal in accordance with Article 14. I 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. I13.3 Neither the failure of Licensor to any object towork J done, material used,or method of construction or maintenance of said Encroachment,nor any approval given or I 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. I14. TERMINATION,REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of I (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 I I Page 9of15 0 Book 01 "":2043 Augusta-Richmond County I 2014 129 03/26/2014 16:08:33.00 PS- FORM 1001-G I REVISED APRIL 29.2008 AGREEMENT NO.CSX755045 time of termination or revocation have not been satisfied;neither party,however,waiving any I third party defenses or actions. 14.2 Within thirty(30)days after revocation or termination,Licensee,at its sole I 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 Licensor,and(c)reimburse Licensor any loss,cost or expense of Licensor resulting from such I removal. 15. NOTICE: I 15.1 Licensee shall give Licensor at least thirty(30)days written notice before doing any work on Licensor's rail corridor,except that in cases of emergency shorter notice may I be given. Licensee shall provide proper notification as follows: a. For non-emergencies,Licensee shall complete and submit Licensor's I 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: I http://www.csx.com/share/wwwcsx mura/assets/File/Customers/hTon- freight Services/Property_Real Estate/Outside Party Number Request Form.pdf. b. For emergencies,Licensee shall complete all of the steps outlined ill I 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 I 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 i br Licensee is: 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,c/o CSXT Contract Management,J180;or at such other address as either party may designate i:I I 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 shad 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 shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein„said I consent shall not be unreasonably withheld. I Page 10 of 15 0 i I I • Book 014: 44 Augusta-Richmond County I 201401., ...:9 03/26/2014 16:08:33.00 • PS- FORM 1001-G REVISED APRIL 29,2008 I AGREEMENT NO.CSX 7 55045 16.2 Subject to Sections 2 and 16.1,this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. I16.3 Licensee shall give Licensor written notice of any le l succession(by merger,consolidation,reorganization,etc.)or other change of legal existence or status of I Licensee,with a copy of all documents attesting to such change or legal succession,within thirty (30)days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in I part,to any grantee,lessee,or vendee of Licensor's underlying property interests in the Encroachment, upon written notice thereof to Licensee. I16.5 In the event of any unauthorized sale,transfer,assignment, sublicense or 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 I such revocation;and Licensee shall reimburse Licensor for any loss,cost or expense Licensor may 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 I full fee simple absolute to bare occupation. Accordingly,nothing in this Agreement shall act as 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 I 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 I interests 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 I 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 Ifurther 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 I any interest in the Rail Corridor that would impair Licensor's existing rights therein. I Page 11 of 15 e L Book 01. 045 Augusta-Richmond County 20140 29 03/26/2014 16:08:33.00 PS- FORM.001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX755045 17.3 Licensee agrees it shall not have nor shall it make,and hereby completely and 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. 17.4 Licensee agrees to fully and completely indemnify and defend all claims or 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 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, , 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 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 any property of Licensor becomes subject to such Liens or Encumbrances,Licensee agrees to pay,discharge or remove the same promptly upon Licensees 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 understanding between the parties hereto. 18.2 Neither this Agreement,any provision hereof,nor any agreement or provision 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. Page 12 of 15 0 • Book 014".2046 Augusta-Richmond County 20140 29 03/26/2014 16:08:33.00 I PS- FORM 1001-G REVISED APRIL 29,2008 I AGREEMENT NO.CSX/55045 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 Iseparate 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 no 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. 18.6 If any amount due pursuant to the terms of this Agreement is not paid by the I 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 permitted. I18.7 Licensee agrees to reimburse Licensor for all reasonable costs attorney's fees) incurred by Licensor for collecting any amount due under the Agreement. I18.8 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 I 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. I18.9 Licensor shall refund to Licensee any overpayments collected, plus paid in advance;PROD,however,such refund shall not be made when the cumulative total Iinvolved is less than One Hundred Dollars($100.00). 19. RIDERS: I19.1 The following Rider(s) is/are herewith attached and included herein: [X] Telecommunication Cable or Fiber Optic Line I I I I I Page 13 of 15 0 Elk Book 014: 47 Augusta-Richmond County I 201401 03/26/2014 16:08:33.00 PS- FORM 1001-G REVISED APRIL 29,2008 AGREEMENT NO.CSX755045 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original)as of the effective date of this Agreement. Wi •s for Licensor: CSX TRANSP s A _:i. INC. Ai-fir _ 1 Print/Type Name: David R Elder Director Print/Type Title: Witness .. +.' nsee: AUGUSTA,GEORGIA AIT 1 By: IOW 21t_ V&o,by the execution hereof,affirms that he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. Print/Type Name: David CopenhavPr . 1 Print/Type Title: Mayor Tax ID No.: 58-2204274 Authority under Ordinance or I Resolution No. Approved — Augusta Comcssion Dated Jan. 21 , 2014 • _ 1 I Page 14 of 15 e I I I Book 01. 048 Augusta- Richmond County 20140 29 03/26/2014 16:08:33.00 PS- FORM 1001-G REVISED APRIL 29,2008 IAGREEMENT NO.CSX1.55045 COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER therein. ' This Rider is and shall be a part of Agreement No.CSX755045, and is incorporated I 1. No construction of any type pursuant or related in any way to this Agreement shall be commenced by Licensee,or by any agent, representative, contractor,subcontractor of Licensee,without Licensee first giving at least thirty(30)days written notice to the following; Parallel Cable Occupier(s): I ("MCI") ATTN: Investigations Mr.Dean Boyers I Worldcom/MCI Telecommunications Corporation 2400 North Glenville Drive Richardson,TX 75082-4354 I Phone No.(800)624-9675 or(972) 729-6016 (NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED) I2. The notice shall be accompanied by drawing(s)showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)'cable or facilities in relation to Licensee's proposed construction. I 3. Prior to any construction,Licensee must locate and identify,any existing cable, wire or fiber optic line(including any appurtenances thereto) of said cable occupier(s)traversing I or located in,on,or immediately adjacent to the proposed Crossing,at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cable(s)or facilities of such Occupier(s),required by said Occupier(s), shall be at Licensee's sole expense except as I otherwise negotiated between Licensee and said Occupier(s). 5. Licensee shall be solely responsible and liable for any damage to(e.g.,cutting, I dislocating,etc.)said wire(s)or cable(s),and appurtenances thereto,resulting in any way from Licensee's exercise of rights or privileges under this Agreement. I6. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). I I I I Page 15 of 15 0 • Book 01433:2049 Augusta- Richm :ounty ' •CSX755045 2014016129 03/26/2014 1b:08:33.00 =xhlbit A 1 Print Form I Mail To CSX Transportation,Inc.I FORMFORMCSXT iAOI 03'30'09U9 I ATTN. er Occupancy Services Reset Form 500WattStreet.Street.J-180 Page 1 ot 2 I Jacksonville,FL 32202 Submittal Must Include Drawings)and Review Fee(s APPLICATION FOR FACILITY/UTILITY INSTALLATI IMII II Application Date: CSXT File/Agreement Number: _`�Xl)_:. 111- SECTION 1:FACILITY OWNER INFORMATION TO BE COMPLETED BiAPPLICANT I Owner/Legal Company Identification(required) I Owners Complete Legal` I Company Name Augusta,Georgia - --_., Legal Address(1)1360 Bay Street,Suite 180 . • i ' I Legal Address(2) :_ i i 1 I 1 r1�.•;dT - r�•r - _- City Augusta State I GA Zip, )Eli#!- - , -I 111 I - ! t Business Type E Corporation 0 Limited Liability ❑ Company Limited Partnership ❑ Municipality [l Limited Liability Partnership 0 General Partnership State of Incorporation- Other Business Type-Describe. CSX PROPERTY SERVICES REVIEW I Billing Address X❑No Exceptions-0 Exceptions Noted This review is for the general conform s'ice with CSX utility ✓l(Check box if same as above),if not.please complete below design specifications only Sok responsibilityfar all ------ -- -- — - - — — aspects of the overall design shall reniam withh the facility I owner This does not conn RUL. approval to Billing Address(1) proceed without meeting at of C SX•s safety and contractual requirements Billing Address(2)--- - -- - ---- - - t y. 41g 414,7 '-- City- State Zip I Owner Contact Information — - Contact Name: Sandra Tyler - Contact Title ILand Acquisition Manager — I — -1_ __----- --i Office Phone!(706)312-4143 Ext. Mobile Phone Email- styler©augustaga.gov Emergency Phone SECTION 2:PROJECT CONTACT INFORMATION TO BE COMPLETED BY •(PPLICANT 0 Check here if address is the same as legal address above. I • if not the same as above,check here if agreement should be mailed to this address. Project Engineer/Consultant/Agent Information I Engineer/Consultant/ZEL Engineers,Inc. Agent Company Name Contact Name!Jorge E.Jimenez,P.E. -- Mailing Address 435 Telfair St City'Augusta - State Georgla I Zip 30901 i Office Phone 706-724-5627 1 Mobile Phone 1706-384-2401 I Email jej©zelengineers.com Sheet 1 of 2 11/05/1013 . 3ook 01433:205012A03/2ugust6/2a-Richmond C y • ' CSX755045 E:xhlbit A 2014016 014 16.0_._3.0 I Application for Facility/Utility t CISX pp city/Utility Installation FORM CSST 4A01 03/30/0 Page 2 012 SECTION 3:PROJECT INFORMATION/LOCATION TO BE COMPLETED B` APPLICANT I Project Reference y_ Is this covered by an existing CSX permit/agreement or master agreement i ❑ Yes Provide Agreement#and/or date: 1 I o No -I Is this project related to another transaction/project with CSX —--' - 0 Yes Describe CSX748015 El No I Provide utility owner project reference number Project Scope 1 Check box to indicate type of installation request I ❑ New Installation Request j 0 Upgrade/Replacement/Relocation of Existing Facilities I Will proposed installation connect to an existing facility within railroad corridor 1 I ❑ Yes Provide name of connecting facility owner C No l I I Check all boxes that apply to indicate type of installation request Q Sub-grade ❑ Aerial I I If"Sub-grade,"check all boxes that apply to indicate proposed method of installation -I ✓❑ Jack&Bore 1 I f Horizontal Directional Drill ❑ Other Describe I Project Description ` I Description/Scope(Include.purpose, scope of work,materials_equipment geographic features,special conditior s) J See attached Drawings No 1 and 2 for details I I I/CSX PROPERTY SERVICES REVIEW' X❑No Exceptions 0 Exemptions Noted This review is for the general conformance with CSX utility design specifications only Sole i,sponsibriny for all aspects of the overall design shall Ter lain with the facility owner. This review does not constitute approval to I proceed without meeting all 01 CSX•s safety and contractual requirements AtC IProject Location i -City jAuUusta County;Richmond State Georgia - --- . — — Will facility installation be located entirely within public road right-of-way __1______- 1-- - . 0 Yes Provide AAR/DOT Crossing Inventory Number of Road(posted at crossing) I (✓J No -- - - -- --- --- - Sheet 2 of 2 11.'D5/2013 M. I I w W _ _ 6 LYS Ct -7:-."-:7-::;:-: -_ `. W f - d ,.': of/ilii --5x> r', :.I 4 i ifil .4 ©a '2f14-1E ''''..1 .-"1:-g--4:1,5:::: W N 4 4 - I I , ; I 1 - - - I 1 , 1 . V 'W d1 In ill t I 6 I J, C = , I i ' 121 I O 1 c o . . 6 6 M R i _ '5.. �'IN n1t .. _ r -0_ � I . , i :illvio 0 3 1411.:[I!4' N O .51 , _,t;u M v N 4i Y ,G 1 L L 2 7 I rot NI 1 C 72 =7. ' _12._ 6 ' s ....---- I i 7'.. i CO ,. w Let. ?� a .w I I -I I ; �aI.{tr m& 1 <Ud Q Q �U %.' 1 • o � : 1 I H:rru §- — I. j - Q m. 14 r 1. j 2 v .LN L. Z !. V 5 • _ _ `�� zj'I W,, s Si = 3 SI- F7 i f s -- K wY 1 3_ Eg_E E _ =:19= I co I 7 N • 00'':E:80=9 6 t7 L.OZ/9Z/EO 6Z 691,O14 LOZ • Aauno9 puowyoia-i -nd LSOZ:EEf 60 1009 I • Book 01433:2052 Augusta-Ric id County 2014016129 03/26/201, 16:08'33 00 I 2 u g I I II • N O ? n tA X O x � Qr Y. I� ?cyN • y �r r,- 3 I 'tee ! i 0 GCS,' 0 IA 00 rI a ir tb �"'�S i I H ' E k"'h I ;.',11. Is O• vZ a y� ' 'I mrfia ) 1 3 Z r \ ; ()2*1„ o- D 1 II � Oar+ — id\ \ . 7 I. (c)28' - (c)27' I ? I ^I I ��kI M (b) �2 II I),..ch-I:, �`h D (e)46' (e)28'7, o'17 i I; s ' i' �i _! I I. F -. ' ,I o1 .. I I �'�I�! N • I! • ' I y o • f c I 7: > y a• j D I I IA 1 II I 11111 nl _ 1 = O I I IIS I N 1 - �'7 V [K• O •I I f.L .s. I -1'+IZ. I ;7,1= i„....N.__.. 1 T ,..,,,I N I I ri s `s _ = v-= =_rre.q r. I ,w = Si' tA° x =c_34 .sem tP �• " ` _ YYS FF"i m°-ifillig ;:-.FE' �o z F ii y m " ,:111.-,;:"EiiC S�=`i L❑m :2;-...4" ;x _ rpi .. L ZE A• app a _-i _ - C I _ i. L tC11 `_' 6asA r_ F` 1 [ Z 1 I Filed in this office: Augusta-Richmond County i" al I 03/26/2014 16:08:33.005. Elaine C Johnson Clerk of Superior Court 1 .«-..:.. .aux .. - SECTION TS-0 INDEX TO TECHNICAL SPECIFICATIONS SECTION TS-01 Technical Specification#1-Site Work ' TS-02 Technical Specification#2-Excavation,Filling and Backfilling TS-03 Technical Specification#3-Concrete ' TS-05 Technical Specification#5-Structural Steel and Miscellaneous Metal TS-06C Technical Specification#6C-Water Lines ' TS-06G Technical Specification#6G-Force Main TS-06I Technical Specification#6I-Underground Crossings of Highways and RR's ' TS-07 Technical Specification#7-Valves and Hydrants • ' TS-7D Technical Specification#7D-Control Valves TS-14A Technical Specification#14A-Channel Grinder TS-14E Technical Specification#14E-Submersible Pump TS-16 Technical Specification#16-Electrical TS-17 Technical Specification#17-Instrumentation and Control Equipment TS-19 Technical Specification#19-Grassing ' TS-27 Technical Specification#27-Fencing ' TS-28 Technical Specification#28-Measurement and Payment 1 1 i 1 I I I I I I I I I I I I I I I I I I I I SECTION TS1 SITE WORK SCOPE: ' The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, materials and supervision, and in performing all operations in connection with clearing, grubbing, excavation, filling, ' backfilling, grading the site, field layout, staking, and grade setting in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. II GENERAL: Operations shall be conducted in a manner which will provide for the safety of employees and others. Existing utility lines, walks, steps, paving, ' structures, or trees to remain shall be safeguarded and protected from damage, and supported if necessary. Prior to any work the Contractor shall obtain necessary permits for work in the area or shall ascertain that the permits have otherwise been obtained. See Special Conditions, Paragraph ' SC-9 for field layout, staking, and grade setting requirements. Classification of Excavation: All excavation in connection with site work willbe considered unclassified common excavation or rock excavation. ' CLEARING: Clearing shall consist of the felling and cutting up or trimming of trees ' and the satisfactory disposal of the trees and other vegetation designated for removal together with the down timber, snags, brush and rubbish occurring within the project limits. Trees and other vegetation to be removed and all stumps, roots, and brush in areas to be cleared but not grubbed shall be cut off flush with or slightly below the original ground surface. . Trees and stumps in areas to be covered by embankments 3 feet or more in height shall be cut off to 8 inches or less above the original ' ground surface. Trees and other vegetation in areas to be cleared and grubbed may be removed by uprooting or any other method that the Contractor may propose that is satisfactory to the Engineer. Individual trees and groups of trees designated to be left standing shall be trimmed of all live ' branches to such heights and in such manner as directed by the Engineer. All limbs and branches required to be trimmed shall be neatly cut close to the bole of the tree or to main branches, and the cuts more than 1-1/2 ' inches in diameter thus made shall be painted with an approved tree wound paint. GRUBBING: ' Grubbing shall consist of the removal and disposal of all stumps, roots larger than 3 inches in diameter to the depth specified, and matted roots from the areas to be grubbed. In foundations areas, stumps, roots, logs or ' other timber 3 inches and over in diameter, matted roots, and other debris not suitable for foundation purposes, shall be excavated and removed to a depth not less than 18 inches below any subgrade, shoulder or slope; and to ' a depth of 12 inches below finish grade in areas to be grassed. All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and 0002-01R TS-01 Site Work TS1-1 ZEL —ENGINEERS— a. II SECTION TS1 I SITE WORK compacted to make the surface conform to the surrounding ground surface. II Grubbing will not be required in areas other than those occupiedby construction and graded and grassed areas. ' DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Removal of Debris: All timber, all logs, stumps, roots, brush, rotten wood and other refuse from the clearing and grubbing operations shall be removed from the site and properly disposed of by the Contractor. MATERIALS: Borrow Material shall be selected to meet the requirements and conditions II of the particular installation for which it is to be used. The material shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash and any other deleterious material. The material shall be obtained from off-site borrow pits approved by the Engineer. Borrow pits shall be cleared and grubbed as necessary, and shall be opened, excavated, graded and maintained so that adequate and proper drainage and a neat appearance shall exist at all times. Topsoil shall consist of a natural material that occurs in surface deposits of limited depth, and, in general, on elevated areas, it shall be composed of natural mixtures of clay and soil binder with sand. Topsoil shall contain not more than 25 percent of clay and shall be free of stones larger , than 2 inches in diameter, roots, excessive vegetation, rubbish or other deleterious matter. Topsoil shall be approved by the Engineer before being used on the work. Topsoil as described, shall be excavated from all areas to be disturbed, whether for structures, piping, site grading, or paving, IIand if it cannot immediately be placed in its final location, it shall be stored for later use. Stockpiled topsoil shall be placed to afford good drainage. Topsoil work shall not be performed when the soil is so wet that the tilth of the soil will be destroyed. Embankment: This item consists of placing in fills and embankments for roadways, and other site grading work, the materials removed from the various excavations and borrow pits, all as specified herein and in I accordance with the appropriate lines, grades, sections, contours and dimensions. Crushed stone surfacing material shall consist of a compacted subgrade, a II 4" sand-clay base, and a 2-1/2" crushed stone surface course. The surface course shall consist of dense graded crushed stone with 65 percent passing a No. 4 U. S. Standard Sieve. IICONSTRUCTION METHODS: General: During construction, embankments, fills and excavations shall be I kept shaped and drained. Ditches and drains along the subgrade shall be maintained in such manner as to drain effectively at all times. Grading shall be done so that the surface of the ground will be properly sloped to prevent water from running into the excavations for structures or pipe IIlines; any water which accumulates in excavations shall be removed 0802-o1R TS-01 site Work TS1-2 Z E L —ENGINEERS— I SECTION TS1 SITE WORK Ipromptly. Excavated materials shall not be stockpiled within a distance • from the edge of any excavation less than 1-1/2 times the depth Of the excavation. Suitable material removed from• excavation shall be used, where I feasible, in the formation of embankments, fills, subgrades, shoulders, backfills, and site grading; excess material from excavation, not required for such uses or materials not suitable for such uses, shall be wasted in locations directed by the Engineer. Any wetting, hauling, scarifying, I mixing, shaping, rolling, tamping or other operation incidental to the following requirements, which, in the judgment of the Engineer, are necessary to obtain the specified results, shall be performed by the • Contractor at no additional expense to the Owner. ISite •Grad rigs,: Site grading shall consist of excavating and placing all necessary materials outside the limits of the various structures. Site I grading shall be completed when all surfaces are aligned with surrounding grades or are in conformity with the contours when shown, and are smooth, firm, containing the specified materials. Site grading shall include all • excavation, filling and compacting required for construction of all II ditches, roads, and all other areas disturbed by construction except as otherwise specified. Site grading also shall include excavation and backfill for walks and steps. Except as otherwise specified herein, all disturbed areas on the site shall be finished off to a uniformly smooth 11 surface, free from abrupt, irregular surface changes. The degree of smoothness shall be that ordinarily obtainable from power grader operations. The finished surface shall not be more than 0.10 foot above or • below the established grade..: There shall be no roots, wasted building • • I materials, trash or other unsightly matter projecting through or visible at the surface. • I After all embankments and fills have been completed to grade, and after all structures and pipe lines requiring the use of heavy equipment have been completed, excavation necessary for the construction of walkways and steps • may be performed. Excavation shall be accurately cut to line and grade; II sufficient width for the accurate placement and adequate support of the forms shall be allowed. After the forms are removed, the backfill shall be replaced and. recompacted around structures, walks and steps. Care shall be taken to avoid damage to the walks and steps by the tampers. ITopsoil shall be evenly spread over the entire area to receive vegetation cover. The compacted subgrade shall be scarified to a depth of 2 inches for the bonding of topsoil with the subsoil. Topsoil shall then. be evenly I spread, lightly compacted (not less than one pass of a cultipacke:r weighing 100 to 160#/ft. of roller) and graded to a uniform thickness of not less than 3 inches, and the surface shall conform to the requirements of site IIgrading, ditches, embankments, or other features, as applicable. Ditches shall be cut accurately to line, grade, and cross-section. Any excessive ditch excavation shall be backfilled to gradewith material II approved by the Engineer, consisting of suitable excavated soil, borrow, or stones or cobbles. The requirements of paragraph "Site. Grading" above, shall apply to ditches except as follows: The degree of smoothness shall be that usually obtainable with string line or hand raking methods; the finished surface of ditch slopes shall not be more than 0.10 foot above or I below the appropriate elevations. • 0801-01R TS-01 site Work TS1-3 211. —ENGINEERS— 1 II SECTION TS 1, II SITE WORK Embankment: Sloping ground surface, steeper than one vertical to four 114rizaxtal, on which embankment or fill is to be placed, shall be plowed, stepped, or broken up in such manner that the embankment material will bond ' with the existing surface. Approved material, consisting of earth, sandy clay, sand and gravel, clay gravel, soft shale, or other granular material (not containing muck, trees, stumps, brush, matted roots or other clods of earth or stones) shall be placed in horizontal layers of loose material not more than 8 inches in depth. Each layer shall be spread uniformly and tamped and compacted to 95 percent of the density measured by Standard Proctor ASTM D698. Tamping shall be accomplished by sheepsfoot rollers or mechanical hand tampers. Final compaction may be by an approved power II weighing not less than 10 tons, except where insufficient cover may cause damage to pipe. • INSPECTION AND TESTS: • The Engineer, at his discretion, may order tests and inspections to be performed during the progress of the work, or at the completion of any individual unit of the work, or at the time of final inspection of the entire project. Random spot checks of elevation and slopes shall be conducted by ordinary differential level and profile methods. Random •spot checks of topsoil thickness shall be conducted by cutting through the surface with a spade or mattock, and measuring the thickness of topsoil exposed. Density of embankment, fill, backfill or subgrade may be measured according to the procedures of ASTM D698. , GRASSING.; Areas of road shoulders and other property disturbed by construction operations shall be grassed in accordance with the GRASSING section of the II specifications. Areas to be grassed shall be planted, maintained, and shall utilize topsoil, lime, fertilizer, proper and approved grass and mulch sufficient to produce a cover suitable to eliminate significant • erosion. MAINTENANCES I Inspection of site work as it is completed shall not constitute final acceptance of the item. The Contractor shall maintain all items in such condition as to be ready for final inspection from the time of completion until the final acceptance of the entire project. II PAYMENT: Payment for clearing, grubbing, site grading, sediment containment, and II erosion control shall be included in the unit price for water lines, lump sum price and other unit price or lump sum prices as appropriate. Payment for borrow material shall include all costs of the ale hauling, placement, and compaction, complete, in place; payment shall based on quantities of materials in place determined by• differential measurements made in the presence of the Engineer's Representative, before IIand after placement. 0602-01R TS-01 Site Work TS1-4 Z E L _ENGINEERS- II • II ' SECTION TS1 SITE WORK No other separate payment will be made for the work covered bythis section n of the specifications and all costs in connection therewith shall be ' included in the appropriate lump sum or unit price in the Bid. •1 • • • • 1 1 1 1 1 1 I 0002-01R TS-01 Site Work TS 1-5 Z E -ENGINEERS- 1 I I I I I I I I I I I I I I I I I I I . . _- . 1 : SECTION TS2 1 EXCAVATION, FILLING AND BACKFILLING SCOPE: I The work covered by 'this: section: of the specifications consists of furnishing all plant, labor, equipment, appliances, materials, layout sta).king and grade • staking and supervision, and in performing all operations: in ,connection with the excavation, filling and backfilling for structuresand piping is strict 1 accordance with this section of the specifications, tie appli.cable dzawings and terms and conditions of the Contract. CLASSIFICATION OF EXCAVATION: iCommon Excavation shall comprise the satisfactory removal and disposition of all materials, not; classified as rock excavation and shall include all earth, • 1 clay, silL;., sand, gravel, hardpan, loose: shale and loose stone masses which can be removed without systematia drilling and blasting, and boulders: measuring • less than one-third cubic yard in volume. " : 1 Rock Excavation shall comprise and include the satisfactory removal and disposition of the following: (1) All boulders measuring one-third cubic yard or more in_ volume; (2) all rock material in ledges, bedded deposits and unstratified masses, which cannot be removed without systematic drilling and 1 blasting; (3) concrete or masonry structures; and (4) conglomerate deposits which are so firmly cemented that they possess the characteristics of solid rock and which cannot be removed without systematic drilling and blasting. • I EXCAVATION: • General: The excavation shall conform to dimensions and elevations appropriate for the pipe line or structure. Excavation shall not be carried below the 1 elevation necessary for construction. Excavation for Walls and Footings shall extend a sufficient distance to allow 1 for the placing and removal of forms, installation of services and for inspection, except where the concrete wall or footing may be authorized to be deposited directly against excavated surfaces. • 1 Trench Excavation: Trenches shall be excavated true to line and grade. Trenches to receive pipe having a nominal diameter of 24 inches or less shall not be less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, so that a clear.space of not less than 1 6 inches nor more than 8 inches in width is provided on each side of the pipe. The maximum width specified applies to the width at or below the level of the top of the pipe`. The width of the trench: above- the pipe may be as wide as 1 necessary to provide room for proper installation of the work. The Contractor shall comply with the safety requirements of OSHA.. The bottoms of trenches for water lines and force mains shall be rounded so 1 that the lower 90 degree quadrant of the pipe is in direct contact throughout its entire length .with, undisturbed earth or with suitable compacted fill material. Bell holes and excavation for joints shall be dug by hand after the 1 trench bottom has been shaped. These holes shall be so spaced and sized as to permit first class workmanship on the joint and to insure that the maximum length of pipe possible will rest on the prepared bottom of the trench. 0802-01R TS-02 Rxcavation, Filling and Backfiling TS2-1 1 ZEL —ENGINEERS— 1 . s .. II SECTION TS2 I EXCAVATION, FILLING AND BACKFILLING II Where rock is encountered in the trench bottom, the excavation shall be carried below the bottom of the pipe a distance of 6 inches or one-eighth the outside diameter of the pipe, whichever is greater. Where, in the opinion of the Engineer, the natural trench bottom is soil which is incapable of satisfactorily supporting the pipe, such unsuitable soil shall be removed to the depth required as determined at the site. The trench bottom shall then be and; compacted refilled with selected. refill .material, placed in 8 inch layers tamped. The at optimum:: moisture content. Each layer shall be thoroughly p refill shall be brOtight. to the proper elevation•for the pipe. Dewatering and Drainage of Excavated Areas_: Grading in the vicinity of structures shall be controlled to prevent surface water from running into excavated areas. Dewatering by pumping or wellpointing from excavated areas shall be performed by D watering shall Contractor o irncurino extra costxtovtheoOwnedsa firm ` pit or trench bottom. All dewateringmethods shall be subject to the approval of the Engineer as to capacity and effectiveness. Water removed from_ the excavated areas shall, be conveyed in a :proper manner to. a suitable ;Point of discharge where it will neither cause injury to public health, ;public o private propertyr the surface or use of streets by the public or work completed or inprogresS. Protection Against Flotation: To guard against the danger of flotation of empty or partially empty pipe due to a high water table, all dewatering operations shall be continued without interruption until such time as sufficient backfill has been placed over the top of the pipe to overcome the ' buoyancy effect of a completely empty pipe which is entirely submerged. Shoring' and protects-°n of Excavations: Shoring shall be provided by the Contractor as neceesaxy to Protect life or property. All existing structures, II II streets, pipes, and foundations which are not to be removed or relocated shall be adequately .protected or replaced by the Contractor without: cost to the owner: The Contractor shall adequate]y protect the work under construction and the safety. of his workmen in excavations by the use of suitable sheeting, shoring and bracing, or by sloping the banks in aecprdance, with the angle of repose of the soil. I The Contractor alone is responsible for any damage or injury resulting from his failure either to provide adequate protection from the excavation or to comply with OSHA requirements. II Material: Excess material to be used for backfill shall be stockpiled as directed by the Engineer. Excavated material shall be depositediva ited a sufficient distance from the side of excavation walls to prevent surcharge on the wall. Excess excavated material not suitable or required for II backfill or filling shall be wasted within the limits of the site as directed by the Engineer. Blasting: Where blasting is necessary, it shall be done in accordance with II ordinances. by skilled operators and precautions shall be taken to avoid damage Suitable mats shall be provided to confine, within the limits of the excavations, all materials lifted by blasting. II 0802-01R TS-02 Excavation, Filling and 8ack:iling TS2-2 ZEL ' —ENGINEERS— II SECTION TS2 EXCAVATION, FILLING AND BACKFILLING II -FILL; Earth fill shall be placed in- layers not to exceed 8 inches in thickness. Each II layer shall be compacted at optimum moisture content in a manner approved by the Engineer. After compaction, the dry weight per cubic foot for each layer •• shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as IIdetermined by the ASTM D 698. BACKFILLING;: • IIThe Engineer shall be notified before backfilling in order that the work may be inspected before it is covered. After completion of the foundation footings, walls, or pipe: work,; and 0.1-4or to backfalzag, all shal1 be removed and the excavation shall be cleared of all trash and debris, Symmetrical backfill • I shall be placed in horizontal layers not in excess of 8 inch thickness, and shall have optimum moisture content when compacted. ,After compaction, the dry weight per cubic foot for each layer shall be at least: 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by ASTM D 698. IUnder roadway, driveways, paved areas, parking lots, along roadway shoulders and other areas subje.tt to traffic, the backfill shall be placed: in 6-inch layers and each layer moistened and Compacted. After compaction, the dry I weight per cubic foot for each layer shell be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as' determined by ASTM D 1557. The top • 12" beneath the roadway shall have 100% compaction. FILL AND BACKFILL MATERIAL: • • • Material for fill and backfilling shall consist of the excavated material, if II suitable, or borrow approved by the Engineer, and shall be free of trash, lumber, or other debris, roots and other organic, perishable or deleterious matter. IIFoundation Backfill Material: Material for the replacement of unacceptable • material as approved by the Engineer. ': BORROW MATERIAL FOR TRENCH BACKFILL: IBorrow material for trench backfill shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to the required densities I and shall be free of roots, trash, and any other deleterious material. SELECTED REFILL MATERIAL: 1 When directed by the Engineer, selected refill material shall be used to refill the trench bottom where unsuitable soil is encountered; or, where rock excavation is required in trenches for water lines, selected refill material • shall be used to refill the trench bottom to a minimum depth of 6 inches. Such 1 material shall be crushed stone or gravel of suitable gradation free from sod, sticks, roots and other organic, perishable or deleterious matter. The Contractor shall obtain prior approval from the Engineer of the material proposed for the above use. I0802-01R TS-02 Excavation, Filling and Backfiling TS2-3 Z E I —ENGINEERS— II SECTION TS2 1 . EXCAVATION, FILLING AND BACKFILLING CONCRETE.DRIVEWAY..REMOVAL.AND REPLACEMENT: II The Contractor shall replace or repair concrete slab pavement which has been • removed or damaged in his trenching operation with equal quality and not less than 6" of 4,000 psi concrete over compacted fill. The existing concrete pavement shall be neatly cut vertically and on a uniform horizontal alignment. The concrete shall be cast solid against the existing slab joint. • PAVEMENT. REMOVAL AND REPLACEMENT: The Contractor shall replace or repair all pavement which has been removed or damaged in his trenching operation with pavement and overlay as shown in Augusta Utilities Department's Detail 18. The existing pavement shall be neatly cut vertically and on a uniform horizontal alignment. The type of paving used in patching shall be as shown in detail and shall be tied into the II adjacent pavement or slab as directed by the Engineer. Pavement subgrade and pavement under the cognizance of local and state highway departments shall be replaced in strict accordance with their standards or direction. The Owner will provide permits for the opening of the pavement. The Contractor shall meet all of the requirements of such permits for work which is done within the highway right-of-way. EROSION AND SEDIMENT ,CONTROL.: II Temporary Temporary Silt Fencing shall be installed to limit the migration of silt from the construction area to waterways or proximate water courses. Filter fabrics • free of defects or flaws shall be installed against a stable, post supported wire backing to intercept all runoff from the construction site,. Filter Fabrics Materials shall be strong rot-proof synthetic fibers formed into a fabric. of either the: woven or nonwoven type. Either type of fabric shall be 11 free of any treatment or coating which might significantly alter its physical II properties after installation. The fabric shall contain stabilizers and/or inhibitors to make the filaments resistant to deterioration resulting from . exposure to sunlight or heat. The fabric shall be a pervious sheet of synthetic fibers oriented into a stable network so that the fibers retain their relative position with respect to each other under normal handling, installation, and service conditions. Edges of the fabric shall be finished to II prevent the outer yarn from pulling away from the fabric. During all periods of shipment and storage, the fabric shall be wrapped in a heavy-duty protective covering which will protect the cloth from sunlight, mud, II dust, dirt, and debris. The fabric shall not be exposed to temperatures greater than 140 degrees F. The fabric shall meet the following physical requirements: II Tensile Strength (Lbs. Min.) Warp - 120 • (ASTM D-4632) Fill - 100 IIElongation (% Max.) 40 (ASTM D-4632) AOS (Apparent Opening Size) (Max. 30 IISieve Size) (ASTM D-4751) 0802-01R TS-02 Excavation, Filling and Sackfilirg TS2-4 z E L —ENGINEERS— I I SECTION TS2 EXCAVATION, FILLING AND BACKFILLING IIFlow Rate (Gal/Min/Sq.Ft.) 25 (GDT-87) II Ultraviolet Stability (2) 80 (ASTM D-4632 after 300 hours weathering in accordance with ASTM D-4355) IIBursting Strength (PSI Min.) 175 (ASTM D-3786 Diaphragm Bursting Strength Tester) IIMinimum Fabric Width (Inches) 24 Filter :Fabric Backing shall be woven wire and, attached to the posts by wire, I cord:, staples, nailst or other acceptable means.. The filter fabric shall be installed in such a manner that 6 to 8 inches of fabric is left at the bottom to be buried and a minimum overlap of 18 inches is provided at all splice joints. After the fabric is, installed in a trench, the trench is then to be IIbackfilled and compacted so that no flow can pass under the barrier. The Wire :Support .Fence, shall be at least 24" high and shall have at least 6 horizontal wires 4x4 W1.4xW1.4 or equal. IPosts shall be a minimum of 4 feet long and either wood or equivalent steel posts may be used. Soft wood posts: shall be at least 3 inches in diameter or nominal 2"x4" and straight enough to provide a fence without noticeable I misalignment. Maximum post spacing shall be 4 feet. Wire Staples/Fasteners shall be #17 gauge minimum and shall have a crown at least 3/4 inch wide and legs at least 1/2 inch long. Nails for fasteners shall II be #14 gauge minimum, 1 inch long with 3/4 inch button heads. Fasteners shall be evenly spaced with at least 4 per post. 1 Straw Bale Ditch Checks: ecks: To control erosion in waterways and to provide additional restriction: of silt migration, temporary ditch checks shall be installed. Standard rectangular mechanically produced straw bales shall be anchored to 2x4x4'-0" posts set 2.5' below grade. IRemoval of Temporary Soil Erosion and Sediment Control Measures.: After permanent erosion control features of the work site are complete^and ample grass is established, the temporary fences, ditch checks, etc. shall be I removed. Silt which has collected: shall be removed, or when appropriate, regraded, stabilized, and planted. RESTORATION OF PRIVATE PROPERTY: IIThe Contractor shall carefully restore all private property defacedby operations or acts of any. of his: agents ar employees. Suchrestoration shall include seeding, soddg, and transplanting of lawns, hedges or ornamental I plantings, and the repair or replacement of other private facilities. in such manner as to meet the approval of the. Engineer and at no additional cost to the Owner. No structures or trees shall be removed without the consent of the property owner or until condemnation procedure, if necessary, has been I completed. 0002-01R TS-02 Excavation, Filling and Backfiling TS2-5 Z E l II —ENGINEERS- II SECTION TS2 I EXCAVATION, FILLING AND BACKFILLING PAYMENT: II Except as specifically stated in the items which follow, no separate payment ' shall be made for common excavation for structures and pipeline trenches; IIbackfill; pipe bedding; protection of utilities; maintenance of usable driving surfaces free from potholes; depressions and ruts, erosion control and sediment containment measures; and other work covered by this section of the specifications. Such work shall be considered as a subsidiary obligation ofII the Contractor in completing the work and all costs in connection therewith shall be included in the applicable lump sum or unit price items in the Bid. Foundation Backfill Material: Backfill material installed at the direction of the Engineer as well as transportation and stockpiling charges will be paid for II on the basis of the applicable unit price per the bid. Selected Refill Material: Refill material; installed at the direction of the Engi.neex, to replace unsuitable material below the pipe trench or to refill the authorized over-depth excavation of rock in trenches for water lines will be paid for on the basis of the applicable unit price in the Bid. No payment will I be made for crushed stone or sand used by the Contractor° in the trench bottom in lieu of dewatering by use of well points or pipe hedditng as detailed in the • drawings. II Borrow Material. for rCxench Backfill,: Borrow material used to backfill the trench 000-0'0. pipe, where suitable material is ;not; available from the excavation, will be paid for on the basis of the applicable unit price in the Bid. The quantity of borrow will be based on the computed volume in the trench within the maximum permissible trench width for distances as authorized by the Engineer. Concrete Driveway replaced: over trenchexcavations will be paid for on the • bas of app :the licakle unit price. er psquare yard; as set p#0 s. in the Bid. The maximum permissible width to be used in Computing the quantity of concrete paving allowed for payment will be 3' -4" plus the pipe O.D. ' Pavement replaced over trench excavations will be paid for on the basis of the applicable unit price per square yard as set forth in the Bid. The maximum permissible width to be used in computing the quantity of pavement allowed for payment will be 3 '-4" plus the pipe O.D. . a Rsiirfacin,�: For roadway sections which must be resurfaced, payment will be made per square yard for the resurfacing applied over the pavement replacement over trench excavations as well as the adjoining area within the resurfacing II limits. Rock Excavation: The quantity of rock excavation which will be paid for is the ' number of cubic yards of acceptably excavated material as hereinbefore specified and defined as rock excavation, measured in its original position and computed by allowing the width of rock excavation in trenches of l'-4" plus the IIoutside diameter of the pipe, and 2 feet outside formed walls but not in excess of the amount actually excavated. The measurement will include the authorized overdepth excavation. The payment for rock excavation shall include the cost of disposing of excess materials which cannot be used in the backfill. II 0802-01R TS-02 Excavation, Filling and nackfiling TS2-6 Z E I —ENGINEERS— II . 1 SECTION TS3 I . CONCRETE SCOPE: II The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, and materials, and in performing all operations in • connection with the installation of concrete work, complete, in strict accordance with this specification and the applicable drawings, and subject to I the terms and conditions of the Contract. • APPLICABLE SPECIFICATIONS: II The current editions of the following specifications form a part of this specification: American Society for Testing Materials Designation: C 33 Concrete Aggregates C 150 Portland Cement 615 Reinforcing Steel IA C 94 Ready-Mix Concrete C 494 Admixtures for Concrete C 31 Method of Making and Curing Concrete Compression I and Flexure Test Specimens in the Field oncrete Institute Publications: ACI 318 Building Code Requirement for Reinforced Concrete ' ACI 315 Manual of Standard Practice for Detailing Reinforced Concrete Structures • CONCRETE: • IIMate.ri..als. . • Cement: Portland Cement shall be Type I or Type III conforming to ASTM C 150. I Only one brand of cement shall be used for exposed concrete in any individual structure. Fine: Aggregate shall consist of natural sand, manufactured sand or a II combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregate. I Coarse Aggregate shall consist of crushed stone, gravel, or air cooled blast-furnace slag, or a combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregates. • II Water shall be clean and free from oils, acids, salts, or other injurious substances. Admixtures shall be used to provide entrained air. Other admixtures shall be 1 used only with written approval of the Engineer. Air entraining admixtures shall conform to ASTM C 260. Other admixtures shall conform to ASTM C 494. Calcium chloride will not be permitted. • ICuring Materials shall be approved by the Engineer before use.. II oeoz-02R TS-03 concrete TS3-1 Z E L —ENGINEERS— I SECTION TS3 CONCRETE Reinforcing steel for concrete shall conform to ASTM A 615, Grade 40 or Grade ' 60 except as otherwise noted on the drawings. Shop drawings are required. Storage of Materials: Cement and aggregates shall be stared in such a manner as to Prevent detexiorat3o : or intrusion- of foreign matter. Steel reinforcing shall be Stor'ed. in such a Manner as to be protected from rusting, oil, grease, and distortion. mix: All concrete "stall: h 000 11 ave minimum inches, unless: otherwiseds cat dy cotpressiVe strength of 4 All pounds per square inch and a: slu p concrete' shall be mixed In: a power operated bath mixer. The contents of the mixer shall be completely discharged before each new batch is loaded. Ready mix concrete shall conform to ASTM C 94. The use of retempered concrete will not be permitted. Concrete for pipe encasement, blocking, and collars shall have a minimum strength of 3,000 psi. Forms: Walls, beams, elevated slabs, footings, piers, cradles, collars, encasement, blocking, floors and other members shall be formed, where necessary, to accurately conform to the appropriate shape, inesdimensions. Wood forms shall be braced de from andumber f No. os to Common n G ad their r better. They shall be properly � ntl tight to prevent leakage of ?' position and shape, and shall be sufficiently grout. 11Finish: Floor shall be wood float finished except those normally exposed to or view shall be troweled. Walls shall be smooth, free from holes, pockets honeycomb; fins shall be cut off; aepressions, holes, and to view shallough spotsptshall be carefully pointed. Wall surfaces; normallyexposed 1 . Cylinders: Two cylinders per 50 yards of concrete and not less than two for each day's pour shall be tested for 28-day strength. PAYMENT: a Except as specifically stated in the folloyxing items, no sepa�.ate Payment will be made for work covered by this section of the specification.ss�dauntall costs in connection therewith shall be included in the applicable lump items in the Bid. Class A Concrete shall be measured in cubic yards and shall include costs for II excavation, labor equipment, and concrete material placement. No additional payment shall be made for these items. II labor, Concrete pier shall be paid each and shall include costs for additional excavation, labor, equipment, concrete material and steel strap paymento shall be made for these items. Concrete slabs for Aerial irossing shall be ralaand seach anteelshall str pinclude 11 p placement. for excavation, labor,, qu pment, concrete mate No additional payment shall be made for these items. I 0802-OR TS-03 Concrete TS3-2 Z E I ' —ENGINEERS— I • SECTION TS3 ' CONCRETE Concrete Bridge Supports shall be paid on a lump sum basis and shall include costs for labor, equipment, concrete material and steel strap placement. No ' additional payment shall be made for these items. ••1 • liz • 1 1 1 i 1 1 1 ' 0802-01R T6-03 Concrete TS3-3 Z E L --ENGINEERS-- • 1 1 SECTION TS5 STRUCTURAL STEEL AND MISCELLANEOUS METAL ISCOPE: The work covered by this section of the specifications consists of furnishing I all labor, materials, equipment and services necessary for or reasonably incidental to the furnishing and erection of all structural steel, brackets, handrails, stairs, angle frames, grating, bearing plates, anchors, anchor • I bolts, nosings, and other miscellaneous metal items to fully complete the structures in strict accordance with ,this section of the specifications and the • applicable plans and subject to the terms and conditions of the Contract. IIGENERAL: Except where specifically called for, no ferrous metals shall be used in any application, including hardware, unless such are totally embedded in structural IIconcrete. APPLICABLE SPECIFICATIONS: II The current edition of the following specifications and any specifications shown on the drawings form a part of this specification: I American Institute of Steel Construction: "Specification for Structural Steel Buildings" AISC: "Code of Standard Practice for Steel Buildings and Bridges" II American Society for Testing Materials: Designation A-36, "Steel for Buildings and Bridges" Designation A-307, "Unfinished Bolts" • II Designation A-325, "High Strength Bolts" Designation A-386, "Hot Dip Galvanizing" Designation B-241, "Specification for Aluminum Alloy Seamless Pipe" American Welding Society: "Structural Welding Code, AWS D1.1" iSUBMITTALS: IteelShop Drawings, Structural S : Fabrication of structural steel, brackets, handrails, stairs, grating, ladders and frames shall not commence prior to approval of shop drawings by the Engineer.. •Six seta; of shop .drawing-s: which have been checked by the Contractor for field dimensions and conformance to the I plans and specifications shall be submitted for approval. Shop drawings shall include complete details and schedules for fabrication for shop assembly of members, and details, schedules, procedures and diagrams showing the sequence of erection. Submittals shall be made in accordance with the Supplementary IConditions of these Specifications. . PRODUCT DELIVERY, STORAGE AND HANDLING: I Material Storage: Protect steel members, aluminum fabrications and packaged materials from corrosion and deterioration. Welding electrodes shall be delivered in unbroken packages and stored when opened in a closed, dry heated box. Do not store materials on the structures in a manner that might cause distortion or damage to the members or the supporting structures. Repair or replace damaged materials or structures as directed. 10802-01R TS-05 Structural steel and rise Metals TS5-1 ZEL —ENGINEERS- ' • II SECTION TS5 I STRUCTURAL STEEL AND MISCELLANEOUS METAL MATERIALS: IIStainless Steel Shapes., Plates, and. Tubes, shall be AISI Type 304 (18-8) . Stainless steel bolts shall be AISI Type 3164 All steel shall be AISI Type 304 (18-8) unless specifically noted otherwise. ' Pips Railing: pipe shall be alumniusi conforming to ASTM B 241, fy = 22,000 psi ;for handrails and fy = 35,000 pei for wall rails. Handrails shall be 1-1/2 inch Schedule 40 pipe and the posts shall be 1-1/2 inch Schedule 80 pipe. Finish shall be 204-R1 Natural Anodized having a minimum coating thickness of . 0.4 mils. Grating: All grating, shall be outside _banded, banded around opexings and shall ire securely fastened to supporting. metalwork. with appropriate :saddle clips and bolts. Frames shall be aluminum similar to Waco -Frame &F 1:.25., or comparable product. portions of frames in contact with concrete shall be coated with Bituminous Paint. Grating, except as otherwise indicated, shall be extruded aluminum plank of 6063-T6 Aluminum, 1-1/4" depth and 3.0#SF, shall have square raised openings, and shall be the standard product of Washington Aluminum Company, or equal. The size of individual sections shall not exceed 4' -0." x 5'-0". Intake Screen: Shall consist of 1 1/2" x 3/8" x 5' -0" long aluminum main bars at 3 3/4" o.c. with 3/8" hexagonal aluminum cross bars at 4" o.c., banded, and shall be the product of Kerrigan Iron Works or equal. II Fasteners for aluminum and stainless steel products shall be Type 304 Stainless Steel. Electrodes for Welding: Aluminum and stainless steel welding shall conform to the requirements of the American Welding Society for the grade of aluminum to . be welded. I Structural_ Steel Primer Paint: FS TT-P-86e, Type la::::::::::::::::::::: , red lead mixed pigment- linseed oil. I Cast tosings and Thresholds shall be cast aluminum abrasive type cross: hatched style as manufactured -by American Abrasive Metals, or shall be the comparable products of White Foundry, or Construction Castings Co.,: ox' equal' Except. as 11otherwise detailed, thresholds shall be Style "M!', 6 inches wide; nosings for concrete steps shall be Style A, 3/8 inch thickness by 4 inches wide and 6 . inches less in length than the full width of the stair. ICement Grout (PC-G) : Portland cement (ASTM C 150, Type V) and clean, uniformly graded, natural sand (ASTM C 404, Size No. 2) . Mix at a ratio of 1.0 part cement to 3.0 parts sand, by volume, with only the minimum amount of water required for placement and hydration. I Ecpanai.on Anchors: Fed. Spec. FF-S-325; cinch anchor type, Group I, Type I, Class 2 (2 unit) , or Group I, Type II, Class 2, Style 1 (2 unit) ; wedgeIIGroup II, Type IV, Class 1 or 2; or self-drilling'type, Group III, Type I. Expansion anchors shall be installed in conformity with the manufacturer's recommendations for maximum holding power, but in no case shall the depth of I 0602-015 :S-OS Structural Steel and Misc Metals TS5-2 Z E l ' —ENGINEERS— I II SECTION TS5 STRUCTURAL STEEL AND MISCELLANEOUS METAL hole be less than four bolt diameters. Minimum distance between the center of any expansion anchor and an edge or exterior corner of concrete shall be not less than 4-1/2 times the diameter of the hole in which it is installed. IIFABRICATION: General: Fabricate items of structural steel in accordance with appropriate AISC Specifications and as indicated on the final shop drawings. Fabricate • II with natural camber of the member up. Properly mark and matchmark materials for field assembly. Fabricate for delivery sequence which will expedite erection and minimize field handling of materials. Where finishing is • II required, complete the assembly, including welding of units, before .start of finishing operations. Welders shall be certified for all positions and thicknesses and metals appropriate to their work on this project. I Connections: Weld or bolt shop connections. Bolt field connections, except where welded connections or other connections are shown or specified. Welding shall be performed by welders certified for the material, material thickness, and for all positions necessary to complete the welding for this project. All IIbutt welds shall be full penetration butt welds. Holes for Other Work: Provide holes required for securing other work to structural steel and miscellaneous metal, and for the passage of other work 11 through the members. Provide threaded nuts welded to framing as needed to receive other work. • Miscellaneous Metal shall be fabricated to a quality comparable to the II ( Commercial Quality of the National Association of Architectural Metal Manufacturers. Metal surfaces exposed to view shall be free of surface blemishes, including pitting, seam marks, roller marks, rolled trade names and I roughness. Painting:: Stainless steel, galvanized steel, and aluminum will not be painted. Except for submerged metalwork, all steelwork shall be shop primed with one II coat of Type I .(TTP 86e) red lead and linseed oil applied over a surface which has had the scale removed by power cleaning (SSPC-SP6) or better surface preparation. Submerged and partially submerged steelwork shall be blast cleaned and primed in accordance with the PAINTING Section of the I Specifications. Where paint has been withheld from areas to be welded and other bare spots, scrapes, etc. , the areas shall be touched up with the • original primer. Minimum prime coat dry thickness shall be 2 mils. I/ ERECTION: • Structural steel and miscellaneous steelwork shall be erected in conformance II with current edition of AISC Specifications. The Contractor's written welding procedures and welder's certification shall be submitted for approval prior to any welding work. II PAYMENT: No separate payment will be made for work covered under this section of the specifications. All costs in connection therewith shall be included in the lump sum items for the completed work. li I 0802-01R TS-OS Structural Steel and Misc Metals TSS-3 Z E —ENGINEERS— I I I I I I I I I I I I I I I I I I I I . SECTION TS6C WATER LINES I SCOPE: Before work is begun, the Contractor will furnish to the Engineer for approval, II six sets of Shop Drawings for pipe, fittings, hydrants, valves and all appurtenances. All necessary details, dimensions and choice of material shall • be shown on each submittal. I The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials, and performing all operations in connection with the installation and testing of the water line and appurtenances, complete, in strict accordance with this section of the 1 specifications and the applicable plans, and subject to the terms and conditions of the Contract. APPLICABLE SPECIFICATIONS: • The latest editions of the following specifications form a part of this section of the specifications. I American Society of Testing. Materials (ASTM) Speifications,: • A 377 Ductile Iron Pressure Pipe ID .1784 D 2321 Rigid PVC Compounds for Pipe Underground Installation of Flexible Thermoplastic Pipe • D 3139 Joints for Plastic Pressure Pipes using Elastomeric Seals F 477 Elastomeric Seals (gaskets) for joining Plastic Pipe I . � American Water Works Association (AWWA) Specifications: ' • C 110 Ductile-Iron and Gray-Iron Fittings, 3" - 48" for Water and II Other Liquids C 153 Ductile-Iron Compact Fittings, 3" - 64" for Water Service • C 600 Installation of Ductile-Iron Water Mains and Their I Appurtenances Disinfecting Water Mains Underground Service Line Valves and Fittings C 900 Polyvinyl Chloride (PVC) Pressure Pipe, 4" through 12" IIGENERAL: All piping and accessories furnished by the Contractor for incorporation in the I work shall be new, unused, and of the type specified herein, and listed in the Bid. All material and construction must be in accordance with the AWWA • Standards and any PVC material or plastic service line used must bear the National Sanitation Foundation (NSF) seal of approval for potable water use. I All pipe, solder and flux used during installation of the water lines must be "lead-free" with not more than 8% lead in pipes and fittings, and not more than 0.2% lead in solder and flux. II In installation, no blocking of pipe barrel above the trench bottom will be permitted. Any pipe which has its alignment, grade, or joints disturbed after laying shall be taken up and re-laid. The interior of the pipe shall be I thoroughly cleaned of all foreign matter before laying in the trench and shall be kept clean during laying operations by means of plugs or other approved 0901-"3r Ta-06c Water*Linea TS6C-1 Z E L il —ENGINEERS— !' ENGINEERS— Mk . SECTION TS6C , WATER LINES • methods. The pipe shall not be laid in water or when trench or weather conditions are unsuitable for work, and water shall be kept out of trenches until the pipe joints have been completed. When work is not in progress, open ends of pipe and fittings shall be securely plugged so that trench water, earth or other foreign substance cannot enter the line. Plug shall be on site before trench excavation begins. Multiple plugs shall be on site if trenching is starting in more than one area. , EXCAVATION,. TRENCHING AND BACKFILLING: • See the EXCAVATION;., FILLING-AND BACKFILLING section of these specifications for pipe trench excavation of ductile iron pipe and PVC pipe, p'p bedding and backfilling requirements. Excavation required for construction of the water lines shall be either common excavation or rock excavation. _SERVICE PIPING..SCHEDULE,: Unless otherwise indicated, pipe and fittings shall beconstructed of the materials shown in the following schedule for the service indicated. Cast iron pipe or ductile iron pipe and fittings shall be used for all piping except as may be otherwise indicated in the following schedule: Service Pipe Material • Fitting Material Water Line Piping not D.I.P. Flanged (CL 53) Flange - above ground; . II otherwise listed below Underground Push-on, M.J. or R.J. Pressure Class 350 below ground. Polyvinyl Chloride PVC Pipe C900 II Pipe (PVC) 2" & Smaller Type K Copper, Red Brass Threaded Brass II General: All pipe and fittings may be inspected at the place of manufacture by representatives of the Owner and/or by a testing laboratory of the Owner's selection. Such inspection shall not in any way relieve the Contractor from the responsibility for the compliance of all materials installed as specified, nor shall such inspection in any way relieve the manufacturer from his responsibility for materials he furnished to be as specified. Handling: No pipe fittings, valves or hydrants shall be transported with a loader fork inserted into the pipe or water way as means of transportation. Free dropped pipe, fittings, valves or hydrants may constitute removal and I replacement. Storage of. Materials: All pipe, fittings, valves and hydrants shall be stored on site such that they are elevated off the ground at least 6" to prevent any II water or form of debris to enter the pipe or pipe openings. All materials shall be properly supported to prevent excess stress while stored. All water systems materials that come into contact with any foreign material shall be thoroughly cleaned before installation in strict accordance with AWWA C651. i II ee02-01r re-06c Water Lines TS 6C-2 Z E A I —ENGINEERS— I II SECTION. TS6C., • WATER LINES IDUCTILE_IRON PIPE: 11 T7ndergraund: ;underground pipe: shall be ductile iron. Pipe sizes 4" to 12" shall be Pressure • Class 350, 14" to 36" shall be Pressure Class 250, and in accordance with ANSI • Specification A21.50 and A21.51, using 60/42/10 grade of iron. Pipe shall be II coated on the outside with a bituminous coating, and lined with cement lining in accordance with ANSI A21.4. Approved Ductile Iron Pipe Manufacturers shall be American Cast Iron Pipe Company, U.S. Pipe Company, Griffin Pipe Products • Company or McWane Incorporated only. II 'Fittings 1 Fittings shall be manufactured from ductile iron grade 70/50/05 in accordance with ANSI A21.10 / AWWA C110 or ANSI A21.53 / AWWA C153. All fittings shall be interior lined in accordance with ANSI A21.4 / AWWA C104 and have an asphaltic • exterior coating the same as DIP. All fittings for underground use shall be 11 mechanical joint. A11 retainer glands shall be manufactured of ductile iron in accordance with ANSI A21.1 / AWWA C111. Cast iron fittings or accessories are not permitted. Payment for fittings shall be made on the basis of published weights less accessories (MegaLugm, etc.) . Fittings shall be as manufactured by I American Cast Iron Pipe Company, Union Tyler Foundry Company, Clow, Star Pipe, U.S. Pipe Company .or Sigma. Service line fittings and appurtenances shall be red brass and as manufactured by Ford Meter Box Company or Mueller. Red Brass fittings shall be a "Grip Joint" type as manufactured by Ford or 110 Compression as manufactured by Mueller. rJoints and Jointing: Materials: Joints in underground ductile iron• pipe shall be mechanical joint, push-on I joint or restrained joint where indicated. All joints and jointing materials shall conform to the requirements of ANSI A21.11. Push-on Joints for underground pipe shall have gaskets made of vulcanized II natural or synthetic rubber compound conforming to ANSI A21. 11 and smooth and free from all imperfections and porosity. Lubricant for push-on joints shall be non-toxic, shall not support bacteria growth and shall have no deteriorating effect on the gasket material. II Mechanical Joints. shall conform to ANSI A21.10 and A21.11, and shall have gaskets smooth and free from any porosity or imperfections; gaskets shall be made of vulcanized natural or vulcanized synthetic rubber. Bolts for II mechanical joints shall be standard, high-strength, heat-treated cast iron tee- head bolts with hexagon nuts meeting the requirements of ANSI A21.11. • I Restrained Joints: All jointrestraint for underground ductile iron pipe and fittings shall be rated for a minimum of 250 psi. Restraining gaskets shall be clearly marked 6" thru 20" pipe and shall utilize "Fast Grip" restraining gaskets for ACIPCO (American) Pipe only or "Field Lok" restraining gaskets for U.S. Pipe, Griffin Pipe and McWane Pipe only. Restrained Joints for pipe 24" I to 36" shall be ACIPCO "Flex Ring", U. S. Pipe "TR Flex" or comparable product I 0e02-Olr Ts-06c Nater nines TS 6C-3 Z E L —ENGINEEPS— SECTION. TS6C .1 WATER LINES which utilizes a positive restraining joint. Accessories including Megalug° ' series 1100 and 1700 and Sigma ONE-LOK" (up to 20") may also be used as restraint for ductile iron pipe 6" to 36". All horizontal bend fittings and connecting pipe shall be restrained as shown on drawings. For number of lengths to be installed, refer to chart on drawings. Concrete Blocking for Restraint: Unless otherwise shown, fittings not connected to restrained joint pipe shall =� utilize concrete blocking for restraint. The blocking shall be poured as to provide access to all joints. No bolts, glands or restraint shall be in direct contact with concrete. The concrete blocking shall be formed against undisturbed trench wall. All temporary forms shall be removed before backfilling. Vertical changes in the pipe line shall utilize restrained joint pipe and fittings, or the combination of, with concrete restraining collar (see detail) only. Concrete blocking will not be acceptable for restraint in the vertical position. Before installation of concrete blocking for restraint, submittal for approval by Engineer is required. Concrete Thrust Collars: ' Concrete thrust collars shall be poured continuous around pipes and bearing against undisturbed earth. All concrete and reinforcing shall comply with the concrete section of these specifications. Thrust collars shall be poured at least 7 days prior to the tie-in connection of the water lines. Restraining rods used shall be a minimum of A307 steel and completely field coated with bituminous coating. Where concrete collars utilize a mid-span retainer gland as restraint, polyethylene must be installed to protect the gripping rings from concrete intrusion. Mid-span retainer glands shall be MegaLug° series 1100SDB or approved equal for ductile iron pipe applications. Concrete forms that must remain in place, shall be treated lumber. All backfilling around thrust collars shall be compacted to 100 density (ASTM D698) and tested. Where unsuitable material is discovered around thrust collar, the unsuitable material shall be removed and replaced with borrow material as directed by the Engineer. ' INSTALLATION: Handing: Pipe and accessories shall be handled in such a manner as to insure delivery on the site and installation in the trench in a sound, undamaged condition. Particular care should be taken not to injure the coating. Cutting of pipe shall be done in a neat and workmanlike manner without damage to the pipe or its coating. Cutting shall be done by means of an approved type of mechanical cutter. After cutting, all burrs and other roughness shall be removed and the exterior of the spigot end suitably beveled to facilitate un-cir Ts 06c water i,ines TS6C-4 Z E L —ENGINEERS— , . I • SECTION TS6C WATER LINES Iassembly. If cutting is not possible, short lengths of pipe shall be furnished as necessary. I Placing and Laying:' Pipe and accessories shall be examined for defects and tapped with a light hammer to detect cracks while suspended in the sling before installing. All damaged, defective or unsound items will be rejected and removed immediately from the site of the work. All water shall be removed from I the trench before pipe is to be laid. lemparary Plugging: All ends of pipelines shall be properly plugged and watertight to eliminate any foreign material from entering the pipe at the end I of each work session. DEFLECTION: IIDeflection of water lines (ductile or PVC) and fittings shall be made in strict accordance with manufacturer's requirements. If alignment requires deflections in excess of the manufacturer's limitations, the Contractor shall provide • IIspecial bends or a sufficient number of shorter lengths of pipe to provide angular deflections within the limits set forth by the manufacturer. JOINTING: IPush-on Joints shall be assembled by pre-positioning a continuous, molded • rubber ring gasket in an annular recess in the pipe socket and forcing the spigot end of the entering pipe into the socket, thereby compressing the gasket • I radially to the pipe to form a positive seal. The design and shape of the gasket and the annular recess shall be such that the gasket is locked in place against displacement as the joint is assembled. Details of the joint design I shall be in accordance with the manufacturer's standard practice. The size and shape of the gasket shall be such as to provide adequate compressive force between the spigot and the socket after assembly to affect a positive seal under all combinations of the joints and gasket tolerances. Contractor shall Intfurnish to Owner one copy of the pipe manufacturer's joi assembly instructions. The Contractor shall adhere strictly to the pipe manufacturer's joint assembly instructions. I Mechanical Joints: The last 8 inches of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned and then painted with a soap solution made by dissolving one-half cup of granulated soap in one gallon of water. The cast iron gland shall then be slipped on the spigot end of the I pipe. The rubber gasket shall be painted with the soap solution and placed on the spigot end with the thick edge toward the gland. The entire section of the pipe shall be pushed forward to seat the spigot end in the bell. The gasket shall then be pressed into place within the bell, being careful to have the II gasket evenly positioned around the entire joint. The cast-iron gland shall be moved into position for bolting, all bolts inserted, and the nuts screwed up. tightly with the fingers. Nuts spaced 180 degrees apart shall be tightened 1 alternately to produce an equal pressure on all parts of the gland. A suitable torque-limiting wrench shall be used with maximum torque as recommended by the manufacturer. Cleaning: A pipe swab shall be kept in the pipe at all times to prevent debris I from entering the newly laid pipe. Whenever pipe laying operations are ceased, oeoz-oir Te-06c water Linea TS 6 C-5 il Z E L —ENGINEERS— 1 - - I SECTION TS6C -- - WATER LINES a watertight, inflatable plug shall be installed in the open end of the pipe to ' • prevent ground water from entering the newly laid pipe. Tapping Sleeves shall be full circle style constructed completely of stainless All steel. The tapping sleeve flange shall also be stainless steel. All bolts, II nuts, and washers shall be stainless steel. The tapping sleeve shall be Ford style FTSS rated for a minimum working pressure of 250 psi. The existing water line to receive the tapping sleeve shall be checked for "out-of-round" and ' thoroughly cleaned before installing the sleeve:. 4" - 12" Smith-Blair #663 Ford Meter Box Style FTSS Mueller H-304SS 14" - 24" Smith-Blair #662 Mueller H-304SS CONNECTIONS TO EXISTING MAINS.: The Contractor shall verify existing conditions of tie-in and submit to Engineer for approval a sketch of the connection if conditions differ from Contract Documents. The Contractor shall contact the Augusta Utilities Department at 706-312-4160 and request approval 5 days prior to the intended connection date. ' The Contractor shall furnish and install all fittings and appurtenances . necessary (unless otherwise noted) to make connections to the existing distribution system. All solid sleeves used to cut into existing pipes shall have a maximum gap of 3/4" between butted plain end pipes. Where this is unable to be achieved, a filler ring shall be installed to close the gap between the cut pipes. All sleeves shall be restrained joint. All restraint necessary, existing pipe and new piping, shall be the responsibility of the Contractor Dewatering the existing pipe shall be done to prevent any cross contamination • of trench water. The Contractor shall provide a pump sufficient for the rate of flow and/or appropriate drainage to ensure there is no backflow into the existing water line. The cut or break in the existing water line shall be at the highest point of the connection. II All fittings, pipe, valves and appurtenances used to connect to the existing water system prior to standard disinfection shall be clean, free of foreign material and disinfected. Disinfection shall utilize a bleach solution of 1• II parts water to 1 part bleach that shall be sprayed inside pipe,, valves, fittings and appurtenances before the connection is to be put back on line with the existing water system. I TESTING: General: After completion of the piping, it shall be tested for leaks in accordance with AWWA 0600 (latest revision) and .proved tight at 250 psi (at low II point) . The Contractor shall provide, at his expense, all labor, supervision, pumps, measuring devices, power, miscellaneous equipment, temporary plugs or valves and water necessary for performance of all testing and disinfection on IIall piping in accordance with the requirements of these specifications. 0802-01r Ts-06c Water Lines TS6C-6 Z E L _ENGINEERS-' ..-. ...�.. 1 SECTION TS6C IIWATER LINES Contractor MUST provide a plan to flush all lines to AWWA Standards, 2.5 fps. I Contractor MUST also submit to Engineer on how the Contractor will diffuse the water to not cause any erosion during flushing. The contractor is responsible for strategically planning all of the injection I points, sample taps and flushing points required for the disinfection process in order to best manage the end result. The contractor is., responsible' for providing all taps as required including appropriate sizing for the disinfection process when injecting chlorine. In addition, the contractor I must ensure there is proper flushing points along the pipe line where: not already shown on the plans and in accordrinee with the flushing and disinfection plan to be submitted to Engineer. Hydrants shall be utilized for flushing but cannot be used to pull a TCB: sample. The contractor shall I coordinate all disinfection process through.: the Engineer Taps(s) shall be installed on each side of in-line; valves where areas can.. be sectioned off and disinfected as separate entities. I The disinfection procedure that follows in these specifications is based on `the continuous feed method and requires 24 hour periods of: xiO water movement within the pipe line for appropriate sampling.: The, contractorr may submit and request to utilize. the "slug method" for all pipe lines larger than 12° in II diameter for review and 'approval. The submission of the appropriate plans does not guarantee approval of slug method. The request must include a complete and detailed flushing plan, chlorination plan and de-chlorination plan. 1 Hydrostatic Tests: II Pressure Test: All sample taps shall be installed before pressure testing. The contractor is required to thoroughly flush the newly laid water line prior to pressure II testing. All newly installed pressure pipeor any valved section- thereof shall be subjected to the appropriate hydrostatic ,pressure based on. thee elevation of the lowest point in the line or section under test and corrected: to the elevation. of the test gage. The duration of each pressure teat shall be two i hours. Before applying the specified test pressure, all air must be expelled from the line. The Contractor will make the'necessary taps and insert plugs to complete the test. All taps installed shall be marked in red on the Contract Drawings that will serve as the record drawings. Any .exposed pipe, fittings, I valves, and joints shall be carefully examined during the open: trench test. All defective joints shall be repaired or replaced to the satisfaction of the Inspector. Any cracked or defective pipe, joints, fittings, valves or hydrants discovered in consequence of this pressure test Shell be removed and replaced I with sound material and the test shall be repeated until satisfactory to the Inspector.II . Leakage Test: The duration of the leakage test shall be for a minimum of two hours, and during the test the main or section of the main under test shall be subjected II to the above noted pressure based on the lowest point in the line or section under test and corrected to the elevation Of the test gage. Leakage is defined as the quantity of water to be supplied into the newly laid pipe, or any valved II oeo2-o1r Ts-06c ureter Lines TS6C-7 Z E L —ENGINEERS- SECTION TS6C ' WATER LINES section. thereof, necessary to. .mainta.ri the, speoified leakage test pressure after the air has been expelled and the->pipe :;has been filled with water at the test pressure. to pipe installation will be accepted until leakage is less than the number of gallons per hour a$ determined by the formula L_ D� 148 L = Allowable leakage in gallons per hour per 1,000 ft. pipe. D = The nominal diameter of the pipe in inches. P = The average test pressure during the leakage test in pounds per square inch gauge. All visible leaks shall be repaired regardless of the allowance used. for testing. ' CHLORINATION/DISINFECTION: All piping complete with fittings and appurtenance$ shall be flushed until thoroughly clean,;: and sterilized; as specified in AWWA 0651.; and in accordance with thesespecifications. Disposal of heavily chlorinated water (following disinfection) must be accomplished in accordance with AWWA C651. Heavily chlorinated water shall not be deposited directly into a live creek or stream":. The requirements of this paragraph apply equally to .nevi. pipe and fittings, and; pipe lines into: wh'icb _Gonne tiPA havbeen" mare, or which may have to existing been otherwise disturbed to the extent that contamination may have occurred. All disinfection methods and practices are thoroughly described in the AWWA manual "Disinfection of Pipelines and Storage Facilities Field Guide" (ISBN 1- 56321-423-2) . Chlorine Chemicals All chlorine chemical concentrations shall be in accordance with ANSI/AWWA B300. All chemicals used to create chlorine solutions shall be new and have been properly stored before use in disinfection process. All chlorine solutions introduced-into the pipe line shall not exceed l00ppm. Chlorine liquid, calcium hypochlorite tablets, or calcium hypochlorite for swimming pools are not acceptable chemicals for disinfection. The only chlorine chemicals permitted for disinfection shall be as follows: yp Sodizm H ochlorite in liquid solution containing 5-15t available chlorine. The ' chemical solution shall be mixed as required and injected into the water line. Calcium Hypochlorite in granular or powdered form containing approximately 65t available chlorine. Calcium hypochlorite chemical shall be solely us ed eles or as a pre-mixed solution and introduced into the water line as a liquid. GGr powder dumped or thrown into the inside the pipe line is not permitted. Chlorine Testing shall be the contractor's responsibility in order to produce the proper dosage (ppm) of chlorine during all phases of disinfection. The contractor shall be responsible for adequately flushing all air out of the system before chlorine testing. aeos-oiz Ts-06c eater Lines TS6C-8 ZEL. —ENGINEERS— II , SECTION TS6C II WATER LINES Chlorine Injection shall be pre-mixed and made a homogenous solution before injecting into the water line. The injection tap shall be done thorough an II adequately sized tap not less than 1" diameter. All chlorine injection points shall be within 10' of the water feed source. 1 Sample Tap All sample taps installed shall extend a minimum of 12"' above finish grade and supported to be readily available to be sterilized by an open flame. Where sample taps shall only serve as sampling sites, the appropriate pressure' rated polyethylene tubing may be used: along with proper brass end point for steiilizatiet. A hydrant shall not be used as a sample location. Galvanized: pipe or PVC are not permitted as sample line material. I Securing Sample:: Taps shall be performed by the contractor. Each curb stop shall be locked .using a combination -padlock or keyed padlock before: disnfection begins. The contractor is responsible for purchasing and installing; all locks necessary to secure; taps before the disinfection is complete. II Sample/Injeotion Tap Removal shall consist of removing curb stop, tubing and plugging, or .capping corporation stop in closed position. CONNECTION TO-EXISTING_WATER SYSTEM: IDisinfection of connections or repairs to the existing water system shall utilize a bleach solution of 1 1/2 parts water to 1 part bleach. The solution I shall be sprayed inside pipe, valves, fittings and appurtenances before the connection is to be put back on line with the existing water system. A CCWU Inspector shall be present to witness all stages of connection. II CLEAN-UP: Upon completion of the installation of the water lines and appurtenances, all equipment and debris remaining as a result of the Contractor' s operations shall I be removed from the site of the work. RECORD DRAWINGS: Upon completion of the work, the Contractor shall furnish to the Engineer a complete set of marked-up drawings showing all changes in the I location of all underground and above ground piping, valves, and drains. PAYMENT: I No payment for pipe installation will be made to contractor until pipe has passed pressure testing. I Payment for all items covered by this section of the specifications shall be paid in accordance with the: bid item list. No other separate payment will be made for the work by this section of the specifications and all costs in connection therewith shall be included in the appropriate lump sum or unit I price in the bid list. All work not directly listed in the bid list shall be considered a subsidiary obligation of the Contractor. I II 0802-01r Ta-06c Water Lines TS6C-9 Z E l --ENGINEERS-- II ENGINEERS— --- I I I I I I I I I I I I I I I I I I I II SECTION TS6G . FORCE MAIN ' SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials, and performing all • I operations in connection with the installation and testing of the force main and appurtenances, complete, in strict accordance with this section of the specifications and the applicable plans, and subject to the terms and I conditions of the Contract. GENERAL: I All piping and accessories furnished by the Contractor for incorporation in the work shall be new, unused, and of the type specified herein, and listed in the Bid. • II In installation, no blocking of pipe barrel above the trench bottom will be permitted. Any pipe which has its alignment, grade, or joints disturbed after laying shall be taken up and relaid. The interior of the pipe shall be thoroughly cleaned of all foreign matter before laying in the trench and shall I be kept clean during laying operations by means of plugs or other approved methods. The pipe shall not be laid in water or when trench or weather conditions are unsuitable for work, and water shall be kept out of trenches until the pipe joints have been completed. When work is not in progress, open I ends of pipe and fittings shall be securely plugged so that trench water, earth or other foreign substance cannot enter the line. IIEXCAVATION, TRENCHING AND BACKFILLING: • Excavation, trenching and backfilling shall be in accordance with the requirements of Section TS2. Excavation required for construction of the water I lines shall be either common excavation or rock excavation. SERVICE PIPING SCHEDULE: I Unless otherwise indicated, pipe and fittings shall be constructed of the materials shown in the following schedule for the service indicated. Cast iron pipe or ductile iron pipe and fittings shall be used for all piping except as may be otherwise indicated in the following schedule: I Service Pipe Material Fitting Material Test Pressures I Force Main HDPE, PE 340, SDR 17 HDPE 50 psig. - 12.5 psig, As Called. D.I.P. (Pressure Flg. above ground; 50 psig. -12.5 psig. Class 150' ) Push-on, or M.J. IBelow ground Ceramic Epoxy Lining Epoxy Ceramic Lining 50 psig. -12.5 psig. Push-on, or M.J. ITrench Bedding PVC SCH 40 PVC SCH 40 None Drain 1; I 0802-01R TS-060 Force Main TS6G-1 —ENGINEERS— SECTION TS6G I FORCE MAIN PIPE: IIDUCTILE IRON PIPE: • General: Before work is begun the Contractor will furnish to the Engineer layout drawings showing all details for all horizontal and vertical curves, restrained joints, and all other specials and special joints. All pipe and fittings may be inspected at the place of manufacture by representatives of the Owner and/or by a testing laboratory of the Owner's selection. Such inspection shall not in any way relieve the Contractor from the responsibility for the compliance of all materials installed as specified, nor shall such inspection in any way relieve the manufacturer from his responsibility for materials he furnished to be as specified. Mechanical joint fittings may be standard conforming to AWWA C110 or compact ductile iron conforming to AWWA C153. • Ductile Iron Pipe (EDIP)r: All gravity sanitary sewer or force mains and associated fittings that are to ' be Ductile Iron shall be epoxy lined. Standard cement lined ductile iron pipe • or fittings are not permitted for sewer use. Each piece of sewer pipe must be • • labeled as sewer pipe and contain trade name of lining. I Interior Lining of the ductile iron pipe for sanitary sewer use shall be epoxy lined. Epoxy lined ductile iron pipe and fittings shall have a completely II covered inner surface of the pipe and fittings from bell to spigot. The lining shall be Protecto 401 Ceramic Epoxy lining, or approved equal: Sewer pipe with lining defects such as cracking or holes in the lining shall not be installed and shall be removed from the site immediately. Field repair of the epoxy • lining is not permitted. Ductile Iron Pipe (EDIP) : Shall conform to ANSI specification C151. Ductile II Iron Pipe shall be as follows: Diameter Pressure Class ' 6" to 12" 350 14" to 36" 250 • Ductile Iron Pipe and Fittings shall be the Protecto 401 lined products of American Ductile Iron Pipe or U.S. Pipe Ductile Iron Pipe or engineer approved I equal products of other manufacturers. Underground Fittings shall be mechanical joint and conform to C110/ANSI A21.5 IIor AWWA C153/ANSI A21.53. Push-on Joints for Ductile Iron Pipe shall have gaskets made of vulcanized IInatural or synthetic rubber compound conforming to ANSI A21_11 and smooth and free from all imperfections and porosity. Lubricant for push-on joints shall be non-toxic, shall not support bacteria growth and shall have no deteriorating IIeffect on the gasket material. 0802-01R TS-080 Force Main TS6G-2 Z E --ENGINEERS-- II ISECTION TS6G FORCE MAIN IUnderground Restrained Joint _Pipe shall utilize a form of positive restraint which shall be either a restraining gasket or a retainer clip or ring. All I restraining gaskets shall be rated for a minimum working pressure of 250 psi. Restraining gaskets shall have stainless steel gripping wedges to completely retain the pipe. Gaskets shall be "Fast-Grip" as manufactured by ACIPCO, I "Field-Lok" as manufactured by U. S. Pipe. or approved equal. Restrained joint pipe shall be "Flex-Ring or Lok-Ring" as manufactured by ACIPCO, "TR-Flex" or "HP Lok" as manufactured by U. S. Pipe or approved equal. • Dissimilar. Pipe Joints, shall utilize an appropriate standard adapter approved by Columbia County Water Utility and the Engineer. II k'langed Ductile Iron... Pipe and Fittings shall be 4" and larger. Flanged pipe shall be a minimum of Class 53 pipe per AWWA C115. Flanged pipe, fittings and • • appurtenances are for above ground use, inside vault, or lift station wet IIwell only. Flanged pipe shall be shop fabricated, faced drilled, lined and exterior coated by the manufacture or manufacturers lining company. • Fabrication or lining of flanged pipe on site is not permitted. Complete shop II drawings of all. pipe, fittings and appurtenances shall be submitted the Columbia County Water Utility Engineering Department for approval before delivery to the site. ' Installation: Handling: Pipe and accessories shall be handled in such a mariner as t¢ insure delivery on the site and. installation- in the trench in_ a sound, undamaged ' condition. Particular care should be taken: not to injure the costing or lining. I Cutting of pipe shall be done in a neat and workmanlike 10441W without damage to the pipe or its coating. Cutting shall be done by means of an approved type of mechanical cutter. After cutting, all burrs and :other roughness shall be removed and the exterior of the spigot end suitably beveled to facilitate I assembly. If cutting is not possible, short lengths of pipe shall be furnished as necessary. Placing and baying: Pipe and accessories shall be examined for defects and 1 tapped with a light hammer to detect cracks while suspended in the sling before installing. All damaged, defective or unsound items will be rejected and removed immediately from the site of the work. Deflection from a straight line and grade as required by vertical or horizontal curves or offsets shall not IIexceed the values presented in the following schedule. • I . •I ,, I 0802-01R TS-06G Force Main TS6G-3 Z E —ENGINEERS— II • SECTION TS6G 11 FORCE MAIN SCHEDULE FOR MAXIMUM DEFLECTION ' Pipe Size Max. Deflection (Inches per 18 ft. length) (Inches) Push-on Joint Mechanical Joint . 6 21 30. 8 21 22 10 21 22 12 21 22 16 21 15 18 21 12 20 21 12 • • If alignment requires deflections in excessof esufficient boVe limitations, mber aloio s,shorterhe Contractor shall provide special bends or a lengths of pipe to provide angular deflections within the limits set forth. Pipe shall be placed in the trench and bedded as required in Section TS2. Except where necessary in making connections with other lines, or as authorized, pipe shall be laid with the bells facing in the direction of laying. •' itTOint z g;: Push-on .Joints shall be assembled by pre-positioning a continuous, molded rubber ring gasket in an annular recess in the pipe socket and forcing the spigot end of the entering pipe into the socket, thereby compressing the gasket radially to the pipe to form a positive seal, The design and shape of the gasket and the annular recess shall be such that the gasket is locked in place against displacement as the joint is assembled. Details of the joint design shall be in accordance with the manufacturer's standard practice. The size and shape of the gasket shall be such as to provide adequate compressive force between the spigot and the socket after assembly to effect a positive seal . under all combinations of the joints and gasket tolerances. Contractor shall furnish both the Owner and the Engineer with one copy of the pipe manufacturer's joint assembly instructions. The Contractor shall adhere strictly to the pipe manufacturer's joint assembly instructions. Mechanical Joints.: The last 8 inches of the spigot and inside of the bell of mechanical joint pips ;shall be thoroughly cleaned and then painted with a soap 010044 made by dissolving• one-half cup of graxulated soap in one gallon of II The cast iron gland shall. then be slipped ot: the spigot end of the pipe. The rubber gasket shall be painted with the soap solution and placed on the spigot end with the thick edge toward the gland. The entire section of the pipe shall be pushed: forward to seat the spigot end in the bell: The gasket ' shall then be pressed into place within the bell, being careful to have the gasket evenly p©sitiohed around the entire. joint. The cast-iron gland shall be moved into potation for bolting, all bolts inserted, and the nuts screwed up I tightly with the fingers. Nuts spaced 180 degrees apart shall be tightened alternately to produce an equal pressure on all parts of the gland. A suitable torque-limiting wrench shall be used with maximum. torque as recommended by the manufacturer. II • 0902-01R TS-06G Force Mair. TS6G-4 Z E L. —ENGINEERS— t 1 II SECTION TS6G II FORCE MAIN Restraining Gasket Assembly Instructions: For cold weather assemblies, keep the temperature of the Gaskets above 40° F. For cut pipe, select pipe with diameters or circumferences at the cut location which conform to the table given below. I For cut pipe, assure that a tapered bevel similar to the one furnished with the pipe is ground onto the end of the pipe. Measure the socket depth and make a mark on the pipe spigot that distance from IIthe end of the pipe. This mark will indicate when the joint is fully "home". Keep the joint in straight alignment during assembly, especially when handling • I fittings. Do not fully "home" the joint if joint deflection is required. Set • the joint deflection after the assembly is made. • Approximately twice as much assembly force may be required to assemble a • I Restraining Gasket into a joint than is required for a conventional push-on • joint Gasket. Check for correct positioning of the restraining Gasket by inserting a feeler I gauge in the space between the bell and the pipe. OD in several locations around the socket to assure that the gasket is in proper position. in the socket in accordance with the manufacturer's instructions. I Cleaning?: A pipe swab shall be kept in the pipe at all times to prevent debris from entering the newly laid pipe. Whenever pipe laying operations are ceased, • a watertight, inflatable plug shall be installed in the open end of the pips to • prevent ground water from entering the newly laid pipe. Incidental.Items: IuppoRReaction: S rt: All plugs, caps, tees., wyes, and at bends: deflecting 11 1/4° or More an pipe lines 6 inches in diameter, or larger, shall be given reaction support as hereinafter specified. Reaction support shall be of 3,000 lb. concrete bearing directly against undisturbed earth of the trench wall. II Sufficient thrust block bearing area shall be installed to distribute the thrust into undisturbed earth at a rate not exceeding the allowable soil bearing value. Where conditions are such that the bearing value of the trench wall will not provide satisfactory support or where the angles or direction of I pipe line deflections will not permit .adequate thrust blook restraint, the Contractor will be required to furnish and install restrained joints, American CIP "Fast Grip", U. S. Pipe "Field Lok", or equal, on each restrained mechanical joint of ductile iron pipe. Joint restraint gaskets may be used for I restraint of underground push-on joints. Where restrained joints are used in lieu of thrust block restraint, at least three lengths of pipe in each direction from the turn shall be fitted with restrained joints also. After I installation, any tie rod assemblies shall be fully field coated with coal tar bitumastic to prevent corrosion. Flanged Fittings shall be ductile iron in accordance with the requirements of IIAWWA Specification C110, coated and lined same as pipe. Flanges shall be faced and drilled to match AWWA C115 threaded-on flanges. I 0802-oiR Te-06G Aorce Main TS6G-5 Z E L —ENGINEERS— 1 II SECTION TS6G II FORCE MAIN HDPE PIPE: 1 General: Before work is begun the Contractor will furnish to the Engineer layout drawings showing all details for all horizontal, and vertical curves, restrained joints, and all other specials and special joints. All .curves shown and called with a radius <60° must be fabricated from HDPE pipe .With. a maximum of 7-1/2° per segment. All pipe and fittings may be inspected at the place of manufacture by representatives of the Owner and/or by a testing laboratory?' of the Owner's selection. Such inspection shall not in any way relieve the Contractor from the responsibility for the compliance of all materials installed as sPedifiOdk I nor shall such inspection in any way relieve the manufacturer from his responsibility for materials he furnished to be as specified. Underground: underground pipe shall be High Density Polyethylene PE 3408 as manufactured by Dr-iscopipe or Poly Pipe Industries, HDPE PE 3408SDR 17, pipe size O.D. The pipe .shall o ASTM 03 434C, 3408 or other HDPE pipe conforming toAWWA C906 polyethylenepiping system, O.D. , D.R. 17, WPR=100 psi. Joints shall be by fusion in accordance with C906-90 or latest editions of the specification. Operators of the butt-fusion equipment must be certified by the Manufacturer of the joining equipment or the manufacturer of the pipe for large diameter HDPE pipe. . Detection Tape: Pipe installed underground shall be marked by the use of a continuous inert bonded layer plastic tape with a metallic foil core, buried in the pipe trench 24 inches below the surface. Tape shall be yellow, 2 inches wide with continuous imprinting; 'CAUTION —PIPELINE BURIED BELOW". Tape shall be Seton Metallic Lined, or equal. Detection wire shall be installed as shown ' Il detail. CONCRETE: I All concrete for encasement and reaction blocking shall have a minimum 28-day compressive strength of 3,000 psi. CONCRETE COLLAR , S CRADLES, SADDLES, AND ENCASEMENT: II Collars, cradles, saddles, or encasement shall be constructed of concrete with a minimum 28-day strength of 3,000 psi. I CONNECTIONS TO EXISTING MAINS: The Contractor shall furnish and install all fittings and appurtenances IInecessary to make connections to the existing pipelines. The Contractor shall coordinate his activities with the Augusta Utilities Department so that the work can be accomplished in a manner and at such time that a minimum': interruption of service will occur. II The tapping sleeves and valves shall conform to the requirements of line ion Ton - 7. The Contractor shall verify the material and size of the pipeItapped. or connected to. TS6G-6 Z E l 0802-01R TS-06G Force Main il —ENGINEERS— I 4 II SECTION TS6G ' FORCE MAIN TESTING: General: After completion of the piping, it shall be tested for leaks in ' accordance with AWWA 600-82 and proved tight at 50 psig and at -12.9 psig. The Contractor shall provide, at his expense, all labor, supervision, pumps, measuring devices, power, miscellaneous equipment and water necessary ;for performance cif all testing on all piping in accordance withthe requirements` of ' these specifications. Hydrostatic Tests ' Pressure and Vacuum Test: After pipe has been laid and partially backfilled, all newly laid pressure; pipe or any valved section thereof shall be subjected to the appropriate hydrostatic pressure based on the elevation of the lowest point in the line or section under test and corrected to the elevation of the . . test gage. The'.' duration of each pressure: test shall.be at leash one: day (24 hours) . Before applying the specified test pressure,, all air_ must be expelled< from the line. The Contractor will make any necessary taps and insert plugs. ' after the test is completed. Upon completion of: the pressure test the pipeline shall be subjected to a vacuum test. With the pipeline full of water, a negative pressure gage shall be installed in the pipeline connecting the test pump to the force main:.. The pressure test pump shall be reversed to apply a vacuum to the pipeline of 2 psi absolute: Pressure (-12.9 psi gage) . Upon reading that pressure the': connection to the pipeline will be. shut off. The gauge shall read the pressure it the force main. The test ;shall he Conducted for twenty four (24) hours.; All exposed. pipe fittings: valves., andjoints shall ' be carefully examined before backfi3.ling- All defective joints shall be repaired or replaced to the satisfaction of the. Engineer. Any cracked or defective pipe, joints, fittings or valves discovered in consequence of this pressure test shall be removed and replaced with sound material and the test ' shall be repeated until satisfactory to the Engineer. Leakage Test: The duration of each leakage test shall be two hours, and during the test the main or section of the main under test shall be subjected to the above. noted pressure based on the lowest point in the line or section under test and corrected to the elevation of the test. gage. Leakage is defined as the quantity of water .to be supplied into or withdrawn from the newly laid pipe, or any valved section thereof, necessary to maintain the specified leakage test pressure after the air has been expelled and the pipe has been filled with water at the test pressure. No, pipe installation will be accepted until leakage is less than the number of gallons .per hour as determined: by the ' formula L— D' 148 L = Allowable leakage in gallons per hour/1000 feet D = The nominal diameter of the pipe in inches ' P = The average test pressure during the leakage test in pounds per square inch gage(absolute value of number) The computed maximum leakage for the total length of force main is as follows: Pressure Test: 39 gallons, vacuum test: 10 gallons. ' 0802-01R TS-06G Force Main TS6G-7 Z E t —ENGINEERS— 1 SECTION TS6G I FORCE MAIN MANHOLES: , 1 General: Manholes shall be constructed with cast iron frames and covers. The base and invert channels of the manhole shall be constructed of 4000 psi concrete. The invert channels shall be smooth and accurately shaped to the semi-circular bottom conforming to the inside of the adjacent sewer sections. Changes in directionof the sewer and entering branches shall have as long a radius of true Curvature as the size of the manhole will permit. , Precast Concrete Manholes: All precast concrete structures shall be manufactured in a plant that is certified through the NationalcPrec st structrete Association (NPCA) . All manholes shall be precast consisting of a precast base section, riser sections, eccentric cone section,. and frame and cover. Manholes shall have a minimum depth of 6' . All manholes up to a depth of 16' shall have a minimum inside diameter of 4'-0". manholes greater than 16' deep and up to a maximum depth of 23' shall', have a minimum inside diameter of 5'-0". Manholes with a depth greater than 23' are not. permitted.. Brick manholes or .adjustments made-. using brick are not. permitted. Joints in risersshall be sealed with a mastic gasket similar and equal to Henry Company '"Ram- ek", Precast manholes shall be as manufactured by II Hanson, Foley, Tindall.., or Georgia-Lana; Manhole Steps shall be, installed n all sections. of eacl manhole. The steps. in: the precast`. sections .May be installedwhenn the sections are oast or may be - inserted after the max hole. :has beet n constructed. All damages to the precast section caused by the insertion of the steps shall be repaired and sealed with expanding mortar to prevent leakage. The first step 'shall not be greater than 2'-0" below the finished grade of the frame and cover. Steps Shall be located; only on the vertical inside face of eccentric cones and shall be aligned with the steps in the lower sections. Manhole. .steps shall be l'-0" o.c., grade ..60 carbon steel and covered with copolymer polypropylene plastic. Steps shall not ' be installed over pipe openings. Manhole steeps :shall be .as manufactured by MA Industries, Inc. #PS1-PF or approved equal. Manhole Frames and Covers: I General: Frames and covers should have a 22" clear opening and be a round opening type. Manhole frames and covers in improved areas or streets shall be II flush with the finished grade; the Contractor shall set and adjust manhole frames and covers as: necessary to meet this requirement. In unimproved areas or whereto finished grade is established, the top of the frame and cover shall I be Set one (1). to two (2) feet above the existing ground, unless otherwise directed. The word the NITARY nhole conesl. shall All manholes installed within the 100yes r shall be cast intoI Flood Plain shall be a water tight frame and cover. Standard. Frames and Covers: Frame and covers shall be round built up type and weigh approximately 285#.. Frame and cover shall be: designed for heavy duty loading conditions. Frame height shall be 7-1/2" tali and as .manufactured byII US Foundry USF 668 KL or USF 924 approved equal. Covers shall have two pick holes and no vent holes. TS6G-8 Z E 1. 0802-01A TS-06G rorce Main t --ENGINEERS-- I NGINEERS- 1 • II SECTION TS6G FORCE MAIN I Watertight Frames and Covers shall be similar and equal to standard frames and covers specified above in all respects except that covers shall be gasketed and • bolted to the frames. Gaskets shall be 1/8 inch thick rubber and bolts shall IIbe 1/2 inch diameter hex head brass cap screws, minimum 6 bolts. Bolt holes in • cover shall be counter bored for bolt heads. CLEAN-UP: ` • IIUpon completion of the installation of the water lines and appurtenances, all equipment and debris remaining as a result of the Contractor's operations shall • be removed from the site of the work. II PAYMENT: . Payment for force main and fittings will be made on the basis of the applicable I unit prices as set forth in the Bid. Measurement to determine the length of force main for payment shall be along the centerline of the various: sizes furnished and installed, from center to center of fittings, with no deductions 1 for the space occupied by valves or fittings. The payment shall cover all costs of every kind required for clearing and grubbing, excavation, pavement removal, any damage to house service lines, Iwater' meters or relocating service lines or water meters, maintenance of driving surfaces, backfill, protection of utilities, cleaning up, restoration grassing, erosion control, sediment containment, furnishing: the materials, installation, .disinfectioni testing. and completing the ; nastallation. . Carrier pipe involved in underground crossings will be paid for under the applicable lump sum price for each crossing and will not be included in the • measurement for payment under this section of the specifications. Except as I specifically set forth in the Payment paragraph. of ISSCtion T-2 of these specifications, all excavation, trenching, backfilling;, and other related work necessary for the completion of the work will be ,Considered a subsidiary • responsibility of the Contractor and no separate payment will be made II therefore. Payment for ductile iron fittings will be made on the basis of published 1 weights of compact cast iron or ductile iron mechanical joint fittings less accessories. HPDE joints will be included in the price of the pipe in the Bid. . IPayment for connections to existing lines 'shall °cover al]. costs associated with increasers, reducers, installation and connection to the existing lines. No separate payment will be made for removal Of existing plugs or blocking I incidental in connecting new line to existing water line. Payment for AC Water Main °C.rossing Treatment shall include all labor, equipment and materials, dewatering and testing necessary for the complete installation I of the treatment. No other separate payment will be made for work included in this section of the I specifications and all costs associated therewith shall be included in the appropriate lump sum or unit price item in the Bid as a subsidiary obligation of the Contractor. I 0802-01R TS-06G Force Main TS6G-9 Z E L —ENGINEERS- 1 I I I I I I I I I I I I I I I I I I I II 1 . SECTION TS61 UNDERGROUND CROSSINGS OF HIGHWAYS AND RR'S II SCOPE: IIThe work covered by this section of the specifications consists of furnishing • all plant, labor, supervision, equipment and materials and in performing all operations in connection with the installation of dry bored and jacked • underground crossings as shown on the drawings complete, in strict accordance II with the specifications and the applicable plans, and subject to the terms and conditions of the contract. GENERAL: IWork on road, street or highway right-of-way shall be under the supervision of the Chief Engineer of the agency, or his authorized representative who shall be notified at least 15 days before actual work on the installation is started. IBORE AND JACK:' • Force Main: Underground crossings for the force main shall consist of a 1 II carrier pipe installed in a casing pipe. The casing pipe shall be installed under the roadbed by dry boring and jacking. The carrier pipe shall be pushed through the casing pipe spiders securely fastened to the carrier pipe, or in the case of HDPE carrier pipe, without pipe spiders. WATER LINES: Underground crossings for water lines shall consist of a carrier pipe `installed in a casing pipe. The casing shall be installed under the , ' roadbed or railway by dry boring and jacking. The carrier shall be pushed through the casing pipe on casing spacers securely fastened to the carrier pipe. ICASING: Casing pipe shall be smooth steel pipe with a minimum yield strength of 35,000 psi. The joints shall be butt welded. A 1/16" corrosion allowance of wall • I thickness has been included in the tabulated pipe data in lieu of any coating and wrapping requirement. CARRIER PIPE: IWATER LINES: The carrier pipe for the water lines shall be restrained ductile iron pipe conforming to the requirements of the WATER LINES section of the I Specifications. Force Main: The carrier pipe for force main shall be a pipe conforming to the requirements of the Force Main section of the Specifications. Gaskets shall be I restrained joint type. Installation: Carrier pipe installed in steel casings shall be pushed through the casing pipe on spiders securely fastened to the carrier pipe or in the case I of HDPE carrier pipe, without pipe spiders. The jacking operation shall utilize soap or drilling mud as a lubricant and shall utilize timber cushioning on the end subjected to the forces from the jacking device. Any damaged pipe shall be cut off and removed from the site. After the carrier pipe has been checked and tested, the casing pipe -shall be filled with sand and the ends sealed with pull on rubber seals. I 0802-01R TS-08I Underground Crossings of Highways and HR',TS 6 I-1 Z E L —ENGINEERS— i SECTION TS6I UNDERGROUND CROSSINGS OF HIGHtdAYS AND RR'S ABORTED BORES,: I Unsuccessful bore and jack installations which must be abandoned because of failure to meet alignment and/or grade reiirements, bore and jack attempts frustrated by obstructions, or otherwise Unu8able< bore and jack installations shall be completely filled with concrete or flowable fill. The steel casing may be left in placeor withdrawn simultaxeausly with the filling of the hole with concrete. Relocation for additional bore and jack attempts shall be made after consultation with the Engineer. Casing Spacers.: ; Casing Spacers shall be Collins stainless steel Carrier pipe supports, Advanced Products & Systems (APS) Model SSI Casing Spacers or approved equal. appropriate for installation. Casing Spacers, nuts, and bolts, shall be heavily coated with the manufacturer's Bituminous paint or shall be stainless steel. Pressure grouting where a bore and jack is called to be pressure grouted, the Contractor shall Cement pressure and grout any void outside the casing at eight , foot intervals along the top of the casing. If the injection point accepts grout, then injections will be provided at four foot intervals. Pressure cement grouting shall conform with Specification GA D.O.T. Section 450. PAYMENT < Payment for force main, and water line under highvaym within the payment limits shall be inane on the basis of the applicable lump sum prices for the crossings casiA listed in the bid, complete, including carrier pipe, g pipe, ng spacers -(if applicable) and all other incidental items of work involved. Payment for Aborted Bores shall be made on the bass of the unit price iii the Bid for the measured length of the aborted bore filled with concrete, complete lete in place. To qualify for payment, the aborted bore shall `have; resulted obstructions encountered through no fault of the Contractor. II i II II 0802-01R TS-00I Underground Crossings of Righwaye and moBTS6I-2 Z E —ENGINEERS— ' II SECTION TS7 VALVES AND HYDRANTS II SCOPE: IIThe work covered by this section of tae specifications. consists of furnishing all plant,: labor, supervision, 'equipment and materials, and performing all operations in connection with the installation of the valves and appurtenances I complete, in strict accordance with this section of the specifications and. the applicable plans and subject to the terms and conditions of the Contract. GENERAL: IAll valves and hydrants and accessories furnished by the Contractor for incorporation into the work shall be new, unused, and of the type specified I herein. Those valves for buried service shall. be furnished with mechanical joint. connections and 'those valves for above ground service shall have flanged; or screwed joints. Allvalves shall be opened by turning counter-clockiise ani, shall. havean arrow :cast into themetal of the operating -nut or on the ,handle; IIor wheel to indicate direction of. opening. Each valve shall have the identifying mark of the manufacturer, year of manufacture and the pressure rating cast on the body. IGATE.VALVES: Gate Valves shall be of the resilient seat type designed for a minimum: working pressure of 250 psi. Valves shall have flanged ends, bell or spigot ends, II mechanical ends or screwed joints as required for the piping in which they are installed. Gate valves shall have a clear waterway equal to the full normal diameter of the pipe and shall be opened by turning counterclockwise:. The I operating nut or wheel shall have an arrow cast in the metal indicating the direction of opening.. Each valve shall have the initials of the maker, pressure rating and year of manufacture, caston the body. Prior to shipment from the factory, each valve shall be tested by hydraulic pressure equal to I twice the specified working pressure. All valves shall use 0-ring seals. Gate valves 2 inches and larger shall be iron body, brass mounted and shall conform to the specifications for Gate Valvesfor Ordinary Water Works Service, C500- 61, by the AWWA Valves smaller than 24 inches to be installed underground ' shall be non-rising stem type with 2-inch: square operating nut. Gate: valves located inside structures shall be non rising stem type with hand wheel or operator as required. Valves smaller than' 2 inches shall be stainless steel ball valves. All valves larger than 16" shall be fitted with gear operators. ICHECK VALVES: I Check Valves 3 inch size and larger shall be wafer style double door type, 125 lb. iron body, aluminum bronze doors, stainless steel hinge pin, spring, and stop pin, bronze seat and raised face, APCO 9000 series, Gulf Valve Company Water Check or equal. Check valves 2 inch size and smaller shall be 150 lb. I bronze with bronze seat, Buna-N disc, threaded ends, Milwaukee No. 510S, or equal. Flap Check Valve shall be Val-Matic Surgebuster or approved equal. II , I o2-o1R TS-07 Valves and Hydrants TS7-,1 Z E L —ENGINEERS— a ' • r ., 1 _ -: SECTION TS7 VALVES AND HYDRANTS BALL VALVES: Ball Valves in Steel Pipe shall be stainless steel, 150 psi, screwed pattern, Nibco' T-595-S6-R-66, or equal.. , Ball Valves in PVC Pipe shall be PVC, true union, full port, 150 psi, Teflon seat, Viton seal. Valves 3 inches and larger shall be ANSI B16.5 flanged; 2 inch and smaller shall be socket end, Nibco, or equal. ' AIR.AND VACUUM RELEASE VALVES: Air valve shall be a Ventomat Model 05ORGXv1021 Air Valve as manufactured by Mulric Hydro Projects, Ltd. Or approved equal. Hei ght from bottom of inlet • flange (excluding studs) to the very top of the valve must be restricted to not more than 34 inches. The valve must not allow air back in the pipeline. VALVE APPURTENANCES: Valve Boxes: All underground valves shall be installed with cast iron valve boxes having a suitable base and shaft extension sections to cover and protect the valve and permit easy access and operation. Extension stems and position indicators for underground butterfly valves shall be as specified under "Manual Operators" for Butterfly Valves. Box assemblies shall be Clow Figure F-2450, Grinnell, Mueller, or an approved equal. The word WATER shall be cast on covers for valve boxes on potable water lines only. • Floor Stands for valves shall include a position indicator and shall be 'furnished by the valve manufacturer as a component of the valve assembly. • Stems and . Extension Stems and the stem couplings shall all be of suitable length and diameter as required for the service and shall be bronze unless • otherwise indicated and have all-weather covers. • Stem Extension is required for gate valves or tapping valves deeper than 7' -0", a stem extension shall be added to the valve stem to bring the 2" operator nut to within 5' -0" of finished grade. All stem extensions shall be bronze bar stock with a bronze or stainless steel connector to the valve stem. The connector shall be fitted with a shear pin and locked into place. I Stem Guides shall be high strength cast iron with bronze bushing, size as suitable for the service intended, and shall be similar and approved equal to Clow F-5660. II Handles and Handwheels shall be of the size, diameter and length normally supplied for the valves to which they are attached.I ' Installation: Valves and valve boxes shall be installed on the lines as indicated. or as directed by the Engineer. Valves and valve boxes shall be plumb and valve boxes shall be centered directly over the valves. Earth fill shall be carefully tamped around valva boxes to 3 feet on all sides or to the II undisturbed face of the trench if less than that distance. Valves shall have the interiors cleaned of all foreign matter before installation. Stuffing boxes shall be tightened and the valve shall be inspected in both opened and closed I 0002-01R TS-07 Valves and Hydrants TS7-2 Z E L —ENGINEERS— I Ii SECTION TS7 VALVES AND HYDRANTS IIpositions to •see that all parts are in working condition. All piping and valves shall be properly and adequately supported: to prevent movement or undue strain the piping and equipment. Valve boxes for underground valves shall have 12 Ion inch square by 4 inch thick concrete pad cast around them with the top of the pad 2 inches above finished grade. IIHYDRANTS: The contractor shall furnish and install hydrants in conformance with the following requirements: IMaterials: Hydrants shall be cast iron, fully bronze mounted designed for 250 psi :working pressure, and shall conform to the requirements of AWWA C5:02': Hydrants shall be suitable for connection :to e piphaving a minimum of 48 inch . I cover, Stem and barrel extensions shall be installed where-. necessary to bring the hydrants to an approved mounting he tgbt A.ydrants shall have a minimum` valve: opening of 5-1/4 inches, and shall be equipped with two 2-.1/2 inch hose. nozzles and one 4-1/2 inch pumper nozzle, with National Standard: nose Thread, Iand shall be Mueller Super Centurion 254,. .M & H Style 129 or American Flow Control # BB4B. Each hydrant shall have the standard red enamel paint finish.- . IInstallations Hydrants shall be set plumb and at such elevation:: that the connecting pipe shall. have at least 48 .inch. cover plus % the diameter of the grater line over the pipe, 5'-Q" bury, depth. The entire firs. hydrant assembly shall be restrained joints. The top of the hydrant operating nut shah. be a II minimum of 32" higher than finish :grade. The Contractor shall furnish and install a fire hydrant extension if the water line is installed deeper than the minimum depth and at no additional cost to;- the Owner. Earth fill suitable for backfill as previously defined, shall be carefully placed: in 6 inch layers and I to 3 feet on all sides, or to the undisturbed face of the trench if nearer, and carefully tamped. Not less than 7 cubic feet of crushed or broken stone shall be placed aroundthe base of thehydrant to insure drainage. The interior of the hydrant shall .be thoroughly cleaned of all foreign: matter prior to installation, and after installation, each. hydrant shall be operated to assure I proper Operation:. The 6 inch auxiliary valve shall be independently secured: to the hydrant and main line tee. Concrete blocking will not he: permitted. End line hydrant installation detail shall be submitted to Engineer for approval. I The fire• .hydrant assembly will be completely restrained from the water line to the fire hydrant. I PAINTING AND TESTING: All 'surfaces of the valve shall be clean., dry and free from grease before painting. The valve surfaces except for seating, shall be evenly coatedwith a I suitable primer to inhibit rust or black asphalt varnish in accordance with Federal Specification TT-V-51C. AFFIDAVIT OF COMPLIANCE: II Upon completion of manufacture, the Vendor shall provide to the Owner an "Affidavit of Compliance" in accordance with AWWA C504 or C500 as applicable. 1 I o8o2-o1T TS-07 valves and Hydrants TS7-3 Z E L —ENGINEERS— SECTION. TS7 VALVES AND HYDRANTS PROOF.-OF-DESIGN TEST: II II Vendor shall include with his submittal certified copies of Proof-of-Design Tests in accordance with AWWA C 504 or C500 as applicable. ' INSTALLATION OF VALVES AND VALVE BOXES,: Valves and valve boxes shall be installed where indicated or as directed by the Engineer. Valves and valve boxes shall be plumb; and valve boxes shall be centered directly over the valves. Earth fill shall be carefully tamped around valve boxes to 3 feet on all sides or to the undisturbed face of the trench if less than that distance. Valves shall have the interiors cleaned of all . foreign matter before installation. Stuffing bones shall be tightened and the valve shall be inspected in both opened and closed positions to see that all parts are in working condition. All piping and valves shall be properly and adequately supported to prevent movement or undue strain on the piping: and equipment, and shall have cast concrete collars at grade. in sleeve shall be of split mechanical Ioizit des3 : with Tapping Sleeve: Tapp g separate end and side gaskets• The fitting shall be constructed of high strength steel, ASTM 283 'Grade C or ASTM A-36. The. mechanical 3oint. end dimensions 'shall conform to AWWA Standard C-110. Inside and outside surfaces of the sleeve:. shall:reoeive a ;fusion;. bonded epoxy coating. conforming to. AWWA,• C550, Tapping Sleeves shall be 'CM 414 Mechanical .joint Tapping Sleeve or. approved equal. Tapping sleeve' shall be ANSI fld F 61 :Standard Certified The Contractor shall have the tapping; sleeve supplier present for the installation inspection. The tapping sleeve supplier shall provide: a Certificate of Installation to the owner. Tapping Valve: The tapping valve shall be a gate valve and shall conform to the valve requirements of the specifidatons. The valve shall be fitted with a ' tapping flange on one side. The flange shall be furnished with an aligning lip and drilled and faced to match the. tapping sleeve. The valve shall be furnished with a special gasket designed for the tapping flange. ' II IInstallation: The Contractor shall verify the material and size of the carrier pipe to which the connection is to be made. The tap shall be made enpper culBypass se piping construction procedure• 'The connection shall be made perp the carrier pipe and shall. be horizontal.,. Performance: Contractor shall provide adequate support for tapping sleeve and tapping valve such that the original seating of tapping sleeve on the 48" DIP II shall not be disturbed after completion of the work. Means and Methods of supporting the 36" tapping valve to prevent movement of mechanical joint tapping sleeve shall be provided by the contractor. IITESTING AND CLEAN-UP:: Testing and clean-up shall be performed in accordance with thelaprovisions of when lines ll ves shall Section T-4 of these specifications• v valves discoveredbe inln consequence of the II tested. Any cracked or defective testing shall be removed and replaced with sound material and the test shall be repeated until a satisfactory test is achieved. II I. 0802-02R TS-01 Valves and Hydrants TS7-4 Z E —ENGINEERS— ' e1"r .,• . .. r^ II SECTION TS7 VALVES AND HYDRANTS IISHOP DRAWINGS AND DATA: II Six sets of. vendor shop drawings, installation and maintenance manuals, test data and other documentation shall be submitted in accordance with the Supplementary Conditionsof these Specifications. IPAYMENT: Payment for air release valves shall be for the complete installation as shown in detail, complete and in place. IPayment far all other: items covered by this: sections of =the specifications shall be paid in, accordance with the bid item list. No other separate payment will be made for the work by this section of the specificatione. .and: all costs in': I connection therewith shall be included in the appropriate: lump sum or unit price in the bid list. All work not directly listed in the bid' list- shall be considered a subsidiary obligation of the Contractor. i 1 .. II II II 1 II II ' ! 0B02-OIR Ts-07 valves and Hydrants TS7-5 Z E L 1 —ENGINEERS- ' _. 1 1 1 1 1 1 1 1 1 1 1 1 I SECTION TS7D II CONTROL VALVES SCOPE: 1 The work covered by this section of the specifications consists of furnishing all labor, materials, equipment and incidentals required to install, test and t make ready for operation, plug valves and electric actuators. with watcr fittcd hydraulic cylindcrc. (Addendum #1) The valves and actuator system shall be located as shown on the drawings and Iare as follows: • V1, Discharge, 20" with Hydraulic Beck Electric Actuator (Addendum No. 1) II • V2, Siphon Line, 20" with Hydraulic Beck Electric Actuator (Addendum No. 1) • V3, Pump Prime Line, 8" with hydraulic Beck Electric Actuator I (Addendum No. 1) DESIGN REQUIREMENTS: 1 Each plug valve shall be used as a shutoff and check valve to prevent back flow through each line when that line is not in operation. IIThe valve manufacturer shall be responsible for providing a complete and operable system. I FACTORY TESTING: Each valve shall be fully assembled in the shop prior to testing. Test heads shall be bolted to each waterway flange and with the plugin a I partially open position, each valve shall be tested hydro-statically at a test pressure equal to twice the specified shutoff pressure (not to exceed 100 psi) . This test pressure shall show no evidence of structure failure, seeps or leakage I at any point. Each set of valve seats shall also be tested for leakage, with one test head removed and the plug closed. A test pressure equal to the specified working I pressure shall be applied and maintained for 15 minutes, during which time the leakage through the valve shall not exceed 0.03 gallon per minute per foot of valve waterway diameter. 1 After complete assembly, each valve shall be opened and closed at least three times. Each complete valve and control assembly shall be operated as a unit. I SUBMITTALS: Submit six (6) copies of shop drawings and engineering data for approval in II accordance with the requirements of the Supplementary Conditions of these specifications. Installation, operation, and maintenance manuals shall be furnished in I accordance with the requirements of the Supplementary Conditions of these specifications. I0802-01R TS-07D Control Valves.docx TS7D-1 ZEL —ENGINEERS- II SECTION TS7D CONTROL VALVES ' STORAGE AND PROTECTION: The equipment shall be stored and protected in a clean dry environment by the contractor. QUALITY ASSURANCE: The manufacturer shall provide the Engineer with written certification that all products furnished comply with all applicable requirements of these specifications. MATERIALS AND CONSTRUCTION: General: 1 The equipment covered by these specifications is intended to be standard equipment of proven ability, as manufactured by reputable concerns having long experience in the production of such equipment. The equipment furnished shall be designed, constructed and installed in accordance with the best practice and methods and shall operate satisfactorily when installed as shown IIon the drawings. The equipment shall be designed and built for 24 hour continuous service at any and all points within the specified range of operation without overheating, cavitation and excessive vibration or strain. All parts shall be designed and proportioned as to have liberal strength, stability and stiffness and to be especially adapted for the work to be done. Ample room and facilities shall be provided for inspection, repairs and adjustments. Stainless steel nameplates giving the name of the manufacturer, serial number, model number and all other pertinent data shall be attached to each valve and actuator. Plug Valves: Valves shall be 90 degree turn non-lubricated eccentric type with resilient faced plugs. Design of the valve shall provide that contact between the seat and the plug shall only occur in the final degrees of plug movement. Valves shall be suitable for throttling service and service where valve operation is infrequent. Valves shall provide drip-tight shutoff up to full pressure rating with pressure in either direction. Pressure ratings shall be established by hydrostatic tests conducted in accordance with ANSI B16.1. Valves shall be rated at a minimum of 150 psi. Port area shall be equal to at least 80 percent of the full pipe area. 1 Bodies shall be cast-iron, conforming with ASTM A 126 Class B. All exposed nuts, bolts, springs, washer, etc. shall be zinc coated in accordance with ASTME B 151, Class 125. Flanged valves shall have ANSI 125 pound standard flanges. 0802-01R TS-07D Control Valves.docx TS7D-2 ' ZEL —ENGINEERS— 1 II SECTION TS7D tCONTROL VALVES Valve seats shall be raised; welded-in overlay of not less than 90 percent I pure nickel, machined to mate with the resilient faced plug. Overlay shall be a minimum of 1/8-inch thick. The plug shall be of semi-steel, conforming to ASTM A 126 Class B. Plug II facing shall be a synthetic rubber compound of approximately 70 durometer hardness bonded to the plug. Facing material shall be abrasion resistant and suitable for service in sewage applications. I Valves shall be furnished with replaceable sleeve-type bearings in the upper and lower journals. Bearings shall comply with applicable requirements of AWWA C 507. Bearings materials shall have a proven record of service of not Iless than five years. The valve body shall be fitted with a bolted bonnet incorporating a stuffing II box and pull-down packing gland. Pacing shall be the split chevron type. IIDesign of exposed valves shall allow visible inspection of the shaft seal, adjustment of the packing, and replacement of the packing, all without disturbing the bonnet or valve operator. The shaft seal shall comply with IIthe requirements of AWWA C 504. =O - _ _ - e _ ' •• - -• ylindcr supply. The operators _- brings shall bc permanently lubricated bronze bushings. Operator shall II - - • i lye position and an adj-us-tabl-c atop- s-hall be provided_to All exposed nuts, bolts and washers shall bc zinc plated in accordance with __ - _ - _- .'4w . :4.... ' _ ' lay and a 2 way solenoid valve suitable -- - ---- -- _ - = contact for rcmotc indication of Ivalve position. Electric motor actuators: Plug valves shall be fitted with electric actuators where indicated. II1. The actuators shall be for open-close service, non-modulating for two position duty, in NEMA 4X enclosures, limit switches, torque switches, mechanical dial position indicator, analog position transmitter I proportional to valve position, declutchable handwheel, heater, open- stop-close pushbuttons, local off remote selector switch. Indicator lights and a 120 volt single phase service. Valve actuators shall provide I reversing start and safety and over current protection for the motor. For modulating duty operator shall be similar and shall alter the valve position in proportion to a 4-20 MA analog command signal. Positioning I shall be accomplished by comparing the command signal to position 0802-0iR TS-07D Control Valves.docx TS7D-3 Z E L I ENGINEERS- 1 SECTION TS7D CONTROL VALVES feedback. An automatic adjustment based on the difference shall move the valve to the required position without overshoot. 3. Actuators shall be Harold Beck & Sons or equal. Model type as required to meet valve operating torque requirements. (Addendum #1) Valve Control Devices: Limit Switches: 120 VAC, double pole, silicon bronze body, NEMA 4X and NEMA 7, watertight corrosion resistant, and hazardous location. Equal to Cutler- Hammer Type CBX. Solenoid Valves: 120 VAC, watertight and explosion-proof body, forged brass. Equal to ASCO Red Hat Bulletin 8223 for 2-way solenoid valve and Bulletin 8344 for 4-way solenoid valve. VALVE OPERATION AND CONTROL FUNCTION: Cylinders shall be furnished with necessary accessories and controls required to accomplish the functions as described in the "Functional Descriptions" in Section 170 of these specifications. TOOLS AND SPARE PARTS: One set of all special tools required for normal operation and maintenance, shall be furnished in a suitable steel tool chest, complete with lock and duplicate keys. All spare parts shall be properly protected for long periods of storage and packed in containers which are clearly identified with indelible markings as to contents. INSTALLATION: Installation shall be in strict accordance with the manufacturer' s instructions and recommendations in the locations shown on the drawings. Supports shall be provided in accordance with the contract drawings and the manufacturer's approved shop drawings. SURFACE PREPARATION AND SHOP PAINTING: All surfaces shall be prepared and shop primed as part of the work under this section. Surface preparation and shop priming shall be as specified in Section T8 of these specifications. FIELD PAINTING: Field painting is specified under Section T8 of these specifications. The primer and paint used in the field shall be products of the same manufacturer as the shop primer to assure compatibility. All name plates shall be properly protect during painting. Gears, bearing surfaces and other similar surfaces obviously not to be painted, shall be given a heavy shop coat of grease or other suitable rust- 0802-01R TS-07D Control Valves.docx TS7D-4 ZEL —ENGINEERS— SECTION TS7D ' CONTROL VALVES resistant coating. This coating shall be maintained as necessary to prevent ' corrosion during periods of storage and erection and shall be satisfactory to the OAR up to the time of the final acceptance test. INSPECTION AND TESTING: ' The Engineer shall have the right to inspect, test or witness tests of all materials or equipment to be furnished under these specifications, prior to ' their shipment from the point of manufacturer. The Engineer shall be notified in writing and in ample time prior to initial shipment so that arrangements can be made for inspection by the Engineer. The Engineer or representative shall be furnished all facilities, including labor, and shall be allowed proper time for inspection and testing of ' materials and equipment. Materials and equipment shall be tested or inspected as required by the Engineer, and the cost of such work shall be included in the cost of the equipment. The Contractor shall anticipate that delays may be caused because of the necessity for inspection, testing and accepting materials and equipment before their use is approved. ' When fully shop assembled, each valve shall be submitted to leakage test with valve in closed position and seats under maximum working pressure, leakage shall be negligible. Each valve, when fully shop assembled, shall be given at least two operational tests. The valve and its respective controls shall be operated ' as a unit to test the function of control. Field tests shall not be conducted until such time that the entire installation is complete and ready for testing. MANUFACTURER SERVICE: ' The Contractor shall submit a certificate from the equipment manufacturer stating that the installation of the equipment is satisfactory, that the equipment is ready for operation and that the operating personnel have been suitably instructed in the operation, lubrication and care of each unit. ' The equipment manufacturer shall furnish the services of a competent and experienced representative, having complete knowledge of proper operation and maintenance of the equipment, for a period of not less than seven days, in ' two separate visits, to inspect the installed equipment, supervise the initial test run, and to provide instructions to the Owner's personnel. ' ACCEPTABLE MANUFACTURERS: Plug valves shall be a as manufactured by DeZURIK, or approved equal. Actuators shall be Beck, or approved equal. (Addendum #1) ' 0802-01R TS-07D Control Valves.docx TS7D-5 ZEL ' —ENGINEERS— SECTION TS7D CONTROL VALVES ' PAYMENT: No separate payment will be made for work covered under this section of the ' specifications. All costs in connection therewith shall be included in the lump sum Bid for the completed work. 1 1 i 1 i 1 1 i 0802-01R TS-07D Control Valves.docx TS7D-6 ZEL —ENGINEERS— SECTION._TS14A CHANNEL GRINDER SCOPE: I The work covered by this section of the specifications consists of furnishing all plant, labor, supervision, equipment and materials, and performing all operations in connection with the installation of the Channel ' Grinder and appurtenances complete, in strict accordance with this section of the specifications and the applicable plans and subject to the terms and • conditions of the Contract. • GENERAL:. The Contractor shall install Channel Grinder as shown on drawings. Channel • Grinder shall be stainless steel and manufactured by a maker who has ' supplied similar apparatus in wastewater treatment plants successfully for five years. • OPERATING CONDITIONS: ' Maximum flow 3.6 USMGD Channel width 24 inches 1 DESCRIPTLON:; • The grinder unit shall consist essentially of a mechanism and drive, and • ' structural frame, and shall be factory assembled and tested prior to its delivery. Design shall be such that all maintenance to the mechanism can • be performed from,the operating level. ' Grinder shall be JWC Environmental Model CMD-2410 or approved equal. • Screens/drums, Grinder, and Motor Controller shall meet the requirements of ' the following industry standards: 1. National Electrical Manufacturer's Association (NEMA) Standards 2. National Electrical Code (NEC) ' 3. Underwriters Laboratory (UL) Guide rails fabricated of 136 stainless steel shall be provided. guide ' rails shall adapt channel width to grinder and shall be arranged to provide easy removal of grinder unit to top of flow channel. Fabricate from 2x2x 1/4 inch angles, 2x2x1/4 inch tubing, all stainless hardware and attachments to concrete channel. ' Hydraulic Power Unit Shall be Provided as Follows: • Provide overload protection for Grinder. • 3000 PSIG design, 200-400 PSIG operating pressure. ' w Peak operating pressure 2000 PSIG. • Pressure switch set at 2850 PSIG. • Automatic reversing upon excess pressure. • Automatic return to operating conditions. ' • Automatic shutdown and alarm after 9 reversals in 45 seconds. ZELtENGINEERS 2008-01 T14A TS14A-1 SECTION TS14A II • CHANNEL GRINDER II Components Shall be Provided as Follows: .• Oil reservoir - • Hydraulic oil pump • 5 HP TEFC motor • • Gauges and filters . • Oil temp limit switch • Oil level switch • Solenoid valve • Relief valve • Pressure gauge • Strainer • 3500 PSIG rated flexible hose. ! ' • Hydraulic fluid • MOTOR CONTROL: • The controller shall be the supplier's standard UL listed Model PC2240. The controller shall be equipped with a HAND-OFF/RESET-AUTO three-position selector switch. In OFk'/RESET the grinder shall NOT run. In :HAND; the ' grinder shall run. In ,..470 the grinder start and stop will be omit-rolled by a remotely located dry contact. When the grinder jam condition occurs in either the HAND or AUTO mode the controller shall stop the grinder and reverse its rotation to clear the obstruction. If the jam is cleared, the controller shall return the grinder to normal operation. If the jam condition still exists, the ' controller shall go through eight additional reversing cycles within 45- seconds (nine-times total) before signaling a grinder overload condition. When a grinder overload condition occurs the controller shall shut the grinder off and activate a fail indication and relay. If the grinder is stopped due to a fail condition and a power failure occurs, the fail indicator shall reactivate when power is restored. Controller reset shall be from the controller only. I The controller shall provide overcurrent protection for tlae hydraulic power unit oil pump: motor througl an overload relay mounted 'cb.rectly on the oil II pump motor starter. The controller shall have indicator lights for POWER ON, RUN, GRINDER I OVERLOAD, MOTOR OVERLOAD, OIL OVERTEMP, and LOW OIL LEVEL conditions. The controller shall be rated 5-HP, 460-volts, 3-phase, 60-Hz. Short circuit protection requires that a properly sized circuit breaker or II fuses be installed by others. I t tZEL. ENGINEERS t 20 D8-01 T14A TS14A-2 II • II SECTION TS14A CHANNEL GRINDER Enclosures shall be fabricated of fiberglass reinforced polyester resins and shall be suitable for wall mounting. Doors shall have hinges and I corrosion resistant latches. Each enclosure shall be NEMA 4X rated and house the control devices, • relays, terminal blocks, and non-reversing motor starter. IIPilot devices shall be mounted on the enclosure front panel. Indicators shall be integral transformer type with low voltage long life 6- 1 volt lamps. Lamps and selector switches shall be heavy duty NEMA 4X type. Two sets of contacts shall be included. One for a FAIL signal output and one for a RUN signal output. The contacts shall be rated 10-amp, 240-VAC, II resistive load. A non-reversing contactor type motor starter shall be provided for the • IIhydraulic pump oil motor. The overload (OL) relay shall be adjustable so that the range selected includes the FLA (full load amps) rating and service factor. I The motor controller shall be shipped unmounted, and shall be installed in • the MCC Room as shown on the drawings. The contractor shall furnish and . install a disconnect switch on the steel frame to be furnished with the I pump set. The disconnect switch shall be non-fused, 480 volts, 30 amp, 3 • pole, with an auxiliary contact to open control circuit, in a NEMA 4X • enclosure. The contractor shall install interconnecting wiring in • accordance with the vendor's wiring diagrams and as shown on the drawings. II SPARE PARTS;: The manufacturer shall maintain a complete inventory of spare parts within I 250 miles of the plant site. The manufacturer shall provide an exchange program so that a replacement • I cutter cartridge assembly can be at the plant site before removing an operating unit from service. The manufacturer shall provide the service of rebuilding a cutter cartridge I assembly for only the cost of the parts supplied. FACTORY TEST: • I Each grinder and controller shall be factory tested to ensure satisfactory operation. INSTALLATION: II Channel Monster grinder and controller shall be installed in accordance with the suppliers installation instructions and in compliance with all OSHA, local, state, and federal codes and regulations. II ' - WV �ZELENGINEERS II 2008-01 T14A TS14A-3 i 1 SECTION TS14A CHANNEL GRINDER FIELD QUALITY CONTROL:. Supplier shall provide the services of a factory trained representative to check installation and to start-up each Channel Monster. Factory representative shall have complete knowledge of proper installation, operation, and maintenance of equipment supplied. Representative shall • inspect the final installation and supervise a start-up test of the equipment. SHOP DRAWINGS AND DATA:. Six copies of vendor shop drawings, installation and maintenance manuals, and other documentation shall be submitted in accordance with the Supplementary Conditions of these specifications. PAYMENT: ' No separate payment will be made for work covered in this section. II II • • 1 1 --,ZEL ENGINEERS 200e-o1 Tian TS14A-4 1 1 SECTION TS14E . SUBMERSIBLE PUMP II SCOPE: I The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, materials and appliances and performing all • operations in connection with the furnishing, testing and initial operation I of the pumping and electrical equipment, complete with all appurtenances, in strict accordance with this specifications and the applicable drawings, and subject to the terms and conditions of the contract. The pumps and motors specified herein and the motor control center and controls specified in THE I INSTRUMENTATION AND CONTROL EQUIPMENT, Section T17 of these specifications shall be furnished by one supplier to make a completely coordinated installation. PUMPING EQUIPMENT: GENERAL: IIStandard Products: The equipment furnished under this section of the specifications shall be standard products in regular production by manufacturers who are regularly engaged in the production of equipment of II this type, and who have produced such units which have been in satisfactory and successful wastewater treatment plant works operation for a period of at least five years. I Pumps: Furnish two (2) submersible -non-clog pumps meeting the following performance requirements. The pump's submersible electric motor shall be capable of operation on 460 Volts, three (3) phase, 60 Hz service. The motor shall be supplied with properly sized electric submersible power cable and 1 control cable sized in accordance with NEC standards. Capacities (GPM) TDH (Feet) Minimum Efficiency (&) • II 2000 45.0 2600 35.0 5896 3000 28.0 II Shut Off 60.0 - - Two pumps will be installed. .. I The pumps shall be Ebara Inc. Model 300DLFU6374 (1770 RPM) explosion proof submersible pumps or equal Model from KSB or Flygt. The pumps shall include 50 H.P. VARIABLE FREQUENCY CONTROLABLE motors and 30 ft. long power and control cable. Referenced Standards: American Iron & Steel Institute (AISI) I American Society for Testing and Materials (ASTM) Factory Mutual (FM) Hydraulic Institute Standards for Centrifugal, Recip, Pumps (HI) IINational Fire Protection Association (NFPA) National Electrical Code (NEC) I0802-01R TS-14E Submersible Pump TS14E-1 ZEL —ENGINEERS- :. _ . SECTION TS14E ' SUBMERSIBLE PUMP National Electrical Manufacturers Association (NEMA) Anti-Friction Bearing Manufacturers Association (AFBMA) WARRANTY: ' The pump manufacturer shall warrant the pump and motor to the OWNER against defects in workmanship and materials for a period of seven (7) years under normal use and service for municipal Wastewater Sewerage System Lift Station =' applications. The pump manufacturer's warranties shall be in published form and shall apply to all similar units. A copy of each warranty shall be provided to the OWNER. r� PUMP DESIGN: The pump's design shall allow for removal and reinstallation of the pump without the need for personnel to enter the confined space of the wet well and without the removal of bolts, nuts or other fasteners. The pump shall connect to a permanently mounted discharge connection by simple downward motion, without rotation, guided by at least two non-load bearing Type 316 stainless steel guides. Nopart of the pump shall bear directly on the floor of the wet well. Each pump shall also be supplied with a tall stainless steel bail permanently affixed to the pump top. This bail shall have a distance of not less than twenty-four (24) inches between the pump and top of the bail. The bail shall be arranged so as to allow a crane to attach directly to the pump and to lift the pump out of the pit in one motion. PUMP CONSTRUCTION:. Pump casing and motor housing shall be of at minimum ASTM A48 Class 35 cast iron with smooth surfaces devoid of blow holes and other irregularities. Impeller and intermediate housing shall be manufactured of Nickel, Manganese, Molybdenum Cast Iron having a brinnell hardness of 300. Chemical Composition: Carbon 3.0 - 3-5% Silica 1.2 - 2.0% Manganese 0.7 - 1.05 Nickel 1.8 - 2.2% Molybdenum 0.6 - 0.9t All exposed fasteners shall be ASTM A 276 Type 316Ti stainless steel. Mating surfaces between components where watertight integrity is critical shall be machined and fitted with Nitrile Rubber or Viton 0-rings. No secondary sealing compounds, greases, or other devices shall be used. COOLING SYSTEM: t The motor shall be adequately sized and designed so that integrally cast motor cooling fins have sufficient surface area to allow the motor to run continuously in submerged or partially submerged conditions without the need for internal oil circulation systems. The motor's design shall allow it to OB02-011'TS-14E submersible Pump TS14E-2 Z E I —ENGINEERS= II SECTION TS14E 1SUBMERSIBLE PUMP be capable of running for extended periods in a dry mode without damage to the motor or seals. Motors cooled by the pumped medium will not be II acceptable. CABLE AND CABLE ENTRY SEAL:II The power cable shall be suitable for the submersible applicable and sized in accordance with NEC requirements. The cable entry shall consist of a grommet compressed by two stainless steel washers with strain relief being supplied as part of the entry design:. The entire end of the cable shall be sealed 1 inside the cable entry housing through the use of a noir.-shrink epoxy resit. Each individual cable lead shall be sealed by ;a monolithic solder •dam formed on a bare stripped section. The cable entry design shall insure that not entry of moisture is possible into the high-voltage motor terminal area even IIif the cable is damaged or severed below water level to a submerged depth of up to 85 feet. MOTOR: IThe submersible motor shall be squirrel cage, induction in design, housed g g in a completely watertight and air filled chamber. The motor shall have at II minimum a 1.10 service factor and be suitable for use in Class 1, Division 1, Group C & D atmospheres as Explosion Proof. The motor stator shall use at minimum Class F insulation rated for 311 Degrees F. The motors shall be designed, rated, and warranted for continuous operation and capable of at II II minimum fifteen (15) starts per hour. Temperature monitors shall be embedded in the motor :windings for use: in conjunction with and supplemental: to external motor -overload Protection. The pump's control shall shut down the pump should any of the monitors: detect high temperature and automatically 1 reset once motor temperature returns to normal. The motor shall also be supplied with a sensor in the motor's stator cavity which allows a control panel mounted relay to indicate any leakage into the motor stator chamber and shut down' the pump. Motors containing di-electric oils used for motor I cooling or bearing lubrication will not be considered. BEARINGS: IIFurnish upper and lower bearings as needed to provide a B10 bearing life of at minimum 50,000 hours at anticipated axial and radial loadings. The bearings shall be open, regreasable: type. Open-type bearings shall be provided with re- I lubrication ports with positive anti-leak plugs for lubrication from external: to the uperiodic addition of p mp:: in accordance with the bearing manufacture's recommendations without requiring disassembly of pump or motor. The pump and Motor design shall accommodate storage of the old displaced. grease I inside the motor and pump: without requiring disassembly of the motor or pump:. The upper and lower thrust bearing shall both be provided with a temperature monitor. This sensor shall_ he Resistance Type (RTD), with a linear relationship between temperature and resistance. A supervision relay shall be .supplied for II each sensor to provide dry contact closures indicating "Status OK' , "Pre-Alarm" and "Alarm Shutdown" plus a 0-10 VDC analog signal follower for temperature indication. I , I 0802-01R TS-14E submersible Pump TS14E-3 Z E L —ENGINEERS— 1 h. s SECTION TS14E SUBMERSIBLE PUMP MECHANICAL. SEALS: 1 Each pump shall be provided with two totally independent mechanical shaft seals, installed in tandem, each with .its own independent spring system acting in a common direction. The upper seal shall operate in an oil-filled chamber with drain, inspection plug, and positive anti leak seal for access from external to the pump. The lower seal shall be of bellows type with both faces of Silicon Carbide. The seals shall require neither routine . maintenance nor adjustment, but be capable of being easily inspected and replaced. The= sea.le: shall be ron-proprietary in deSigni. with replacements available from a source otSer• than the Pump manufacturer I�oUb.le mechanical • seals with single o `multiple springs acting in opposed direction; cartridge- type mechanical seals, or seals with face materials other than those specified will not be considered. Motors shall contain paraffin base oil in the seal chamber. ' SEAL LEAKAGE DETECTION.: , The pump shall be furnished with a monitoring system to signal in the event upper the u er or lower mechanical seal leaks. The monitoring system shall be a stainless steel mechanical float switch located in a separate seal leakage collection chamber. This seal leakage monitoring and collection system shall be designed so that no seal leakage is allowed to penetrate into . the motor chamber or lower bearing assembly. Sealing of the bearing assembly shall be accomplished through the use of two (2) rotary shaft seals each with I its own shaft sleeve. These seals shall be in addition to the mechanical seals as described. Seal leakage designs allowing leakage in to motor stator cavity for detection will not be considered. • SHAFT: II a common pump and motor shaft of sufficient size to transmit full driver output with a maximum deflection of 0.002 inches measured at the lower mechanical seal. The shaft shall be of ASTM A576 Gr 1045N and be isolated from the pumped media by a replaceable Type 420 stainless steel shaft sleeve under the lower mechanical seal. IMPELLER AND WEAR. RINGS: II Provide non-clog type impellers, capable of passing at minimum a two and one half (2 1/2) inch spherical. solid. The impeller shall be statically and dynamically balanced. The pump shall be provided with hard metalwear rings I on both the casing and impeller. Wear rings. shall be of 400 Series stainless steel material having a brinell hardness of at minimum 300. SOURCE QUALITY CONTROL_: I Certified tests shall be performed on the actual assembled pumps to be supplied. These tests shall be performed in accordancewith the Test Code for Centrifugal Pumps per the standards of the Hydraulic Institute.. Tests II shall cover a range from shut-off to a minimum 20* beyond the specified design performance capacity. The test conducted on all supplied pumps shall be certified and generate a curve showing actual flow, head, BHP and II O602-01R TS-14E Submersible pump TS14E-4 Z E I- -ENGINEERS— ' II i. SECTION TS14E SUBMERSIBLE PUMP hydraulic efficiency. These test curves shall be submitted to the engineer for approval prior to shipping. ' VERIFICATION OF PERFORMANCE: All pumps shall be field` tested: after installation to -demonstrate; satisfactory operation without excessive noise:, vibrat :gin; cavitation t over-heating. Any pump which fails to meet any of these. specifications will: be modified, repaired, or replaced by the VENDOR at no additional cost to 'ta e PURCHASER. SHOP DRAWINGS AND DATA: Six copies of vendor shop drawings, installation and maintenance manuals, and other documentation shall be submitted in accordance with the Supplementary Conditions of these specifications. PAYMENT: No separate payment will be made for work covered under this section of the specifications. All costs in connection therewith shall be included in the lump sum bid price for the completed work. 1 1 • 1 i . 1 1 Ir 0902-01R TS-14E submersible Pump TS14E-5 Z E I ' —ENGINEERS- I I I I I I I I I I I I I I I I I I I • SECTION TS16 ELECTRICAL ISCOPE.: • The work covered by this section of the specifications consists of furnishing II all plant, labor, equipment, appliances and materials, and in performing all operations in connection with the electrical work associated with this project, • complete and in strict accordance with this section of the specifications, the IIapplicable drawings, and subject to the terms and conditions of the Contract. GENERAL: II The Contractor shall be responsible for providing a complete, safe and workable electrical system. All components or equipment furnished under this specification shall be new and • II unused. All electrical connections whether made by the Contractor or made by vendors furnishing equipment packages shall be the responsibility of the Contractor. IAll electrical connections shall be checked for proper torque, tension, compression or tightness by the Contractor. IIAll electrical connections determined to need attention shall be corrected by the Contractor. • II Trench excavation for underground conduits and duct banks shall conform to , Section T2 of these specifications. II CODES,: All electrical work shall be in conformance with the requirements and • recommendations of the latest edition of the National Electrical Code, the •• I National Electrical Safety Code, and all local codes and ordinances. Materials shall bear the label of the Underwriter's Laboratories, Inc., whenever applicable labeling is available for such materials. I STANDARDS: The latest issue of the specifications and standards of the following organizations are by reference made a part of these specifications. All II electrical work, unless otherwise indicated, shall comply with their requirements and recommendations wherever applicable: IIIlluminating Engineering Society (IES) Institute of Electrical and Electronic Engineers (IEEE) American National Standards Institute (ANSI) I American Society for Testing Materials (ASTM) American Concrete Institute (ACI) I Insulated Cable Engineers Association (ILEA) National Bureau of Standards (NBS) II osoz-oar Te-16 Electrical TS16-1 • Z E L -ENGINEERS- II Elk SECTION TS16 , ELECTRICAL National Fire Protection Association (NFPA) I National Electrical Manufacturer's Association (NEMA) Underwriter's Laboratories, Inc. (UL) TESTS DURING CONSTRUCTION: All tests are to be conducted in the presence of the Engineer and RPR. Prior to energization, insulation resistance between individual conductors in conduit and from conductors and equipment windings to ground shall be measured. Measurements shall be made using a "Megger" ground tester (500 volts) as manufactured by the James G. Biddle Company, Philadelphia, `"Pennsylvania, or "Vibraground" tester manufactured by the Associated Research Company, Inc., Chicago, Illinois. Wiring and equipment not measuring up to minimum insulation resistance required by the Underwriters' Laboratory regulations shall be put in good condition at the electrical contractor's expense. All ground connections, ground buses, and equipment ground resistances shall be read using methods and test devices as manufactured by the James G. Biddle Company, or equal. The Contractor shall have available 2 phase rotation meters to verify phase rotation of utility connection to Transfer Switch. Rotation shall be A-B-C Clockwise, left to right, or top to bottom, when viewed from front of equipment. The rotation of the generator connection shall match that of the Utility. Phase rotation shall be confirmed in the presence of the Engineer. Rotation checks shall be made on all motors before final mechanical connections are made. Changes necessary to obtain correct rotation shall be performed by the Contractor. TESTS OR CHECKS BY INSPECTING AUTHORITY: The Contractor shall - cooperate with code-enforcing authorities during inspections or checks. PRELIMINARY TRIALS: The electrical contractor shall, in the presence of the Engineer or his authorized representative, run preliminary trials of the equipment connected by him. These trials or tests shall consist of, but not be limited to, checking motor rotation, checking all interlock circuitry for correct operation and checking all equipment connected by him for proper operation. FINAL ACCEPTANCE TESTS AND INSPECTIONS. After the wiring system is completed, and at such time as the Engineer shall direct, the Contractor shall conduct operational checks to demonstrate that all equipment performs in accordance with the requirements of these specifications, contract drawings and vendor information. The Contractor shall cooperate with the Engineer in performing final inspections. Panel covers shall be removed, doors opened, etc. at the 0802-01r Ts-16 Electrical TS16-2 Z E _ENGINEERS- ' r II SECTION TS16 IELECTRICAL direction of the OAR, to facilitate checks and inspections. A11 equipment opened or disturbed shall be returned to operational condition after the I inspection and approval. TEST RESULTS: • 1 All results from tests, preliminary trials and final acceptance tests shall be documented by the Contractor and turned over to the Engineer at the completion of the job. Six copies of complete test results are required. I CORRECTIONS: Any wiring installation or connection errors discovered during the test and/or trials shall be corrected by the Contractor at his own expense. Any equipment, • I materials or components damaged or destroyed as a result of improper installation or connection by the Contractor shall be replaced by him at his • own expense. IICONTRACT DRAWINGS: • • The drawings indicate the general arrangement of equipment. Do not scale • I drawings. Dimensions for layout of equipment shall be obtained from • architectural, mechanical, structural plans or by field measurement, unless specifically indicated on electrical plans. I Coordinate electrical work with details, sections, elevations and plans found on architectural, mechanical and structural drawings and specifications. Modify electrical work to conform to requirements of equipment being served and • conditions encountered in serving that equipment. II SHOP DRAWINGS, VENDOR PRINTS AND DATA: II Shop. 7Drswings: The plans show the extent and general arrangement of the equipment and may be modified as required to suit the equipment furnished, • subject to the approval of the Engineer. As soon as practicable, and within 45 days after the award of the Contract, the Contractor shall submit the following I descriptive literature and drawings for all equipment furnished under this section of the specifications: • Six (6) complete sets of shop drawings, vendor data sheets, wiring IIdiagrams, etc. Each submittal item shall be marked to show the specification section and I page numbers(s) covering that item, equipment name and number. Submittals for lighting fixtures shall include photometric data and exact type of ballast and lamps to be used. The Engineer reserves the right to I require sample fixtures to be submitted for approval. Record Drawings: The Contractor shall reserve one complete set of electrical prints for as-built drawings. Any approved deviation from the contract plans IIshall be recorded on these prints by the Contractor. As-built drawings will I 0802-01r Te-16 Electrical TS16-3 —ENGINEERS- 1 IISECTION TS16 II ELECTRICAL be checked on the last working day of each month for accuracy and ,' completeness by the Engineer or his authorized representative. Documentation: At the end of final inspection, the Contractor shall provide six sets of complete data on electrical materials and equipment used on this job. This data shall be in bound form and shall include the following items: A complete table of contents. 1 Data sheets indicating electrical and functional characteristics of all devices and equipment. Copies of all approved submittals. Panelboard circuit directories reflecting all field changes. The Contractor shall turn over all as-built drawings (record drawings) to the =1 Engineer at the time of final inspection. MATERIALS -.1 Materials shall be furnished in accordance and with Codes and Standards"the requirements of asseis t specification, applicable drawings, agreement forth hereinbefore. All material furnished by the Contractor shall be new, without defects and shall be delivered to the job site in the original cartons or packages. All material of the same type shall be the product of one manufacturer where feasible. Equipment grouped together to serve a common purpose shall starter , roductrof onee manufacturer or supplier (e.g. ; lineup of controllers, transformers, etc.) The use of manufacturer's name and catalog number in these specifications is to 1 define the type and quality of electrical components required. Where possible, two or more sources have been listed. Other manufacturer' s products may be used only with written approval of the Engineer to assure overall system II compatibility and reliability. WORK: II The term "Work" is taken to include "labor, supervision, installation" and other action needed to complete the electrical system. All work shall be of the highest quality. No skilled sub-standard inthetrades work will II accepted. All work shall be performed by workmen involved. 1 • CONDUIT: Provide conduit as indicated in these specifications unless specifically noted on drawings. I 0002-01.Te-16 Electrical TS16-4 Z E L ' ENGINEERS— I "`r ' II SECTION TS16 ELECTRICAL IIAll interior exposed conduit shall be Intermediate metal conduit with threaded couplings and fittings. Thin wall (EMT) conduit shall not be used. I All exterior exposed conduit shall be galvanized rigid conduit with threaded couplings and fittings. I Conduit runs smaller than 3/4" trade size shall not be used except 1/2" conduit may be used for making attachments to equipment which, because of its construction, will not accept a larger size conduit. Lengths of 1/2" conduits shall be as short as possible. IAll exposed conduit shall be run at right angles or parallel to structural members. Vertical runs shall be plumb. Diagonal conduit runs shall not be made except with written permission of the Engineer or when conduits are run I below grade or above ceilings. Below grade runs of conduit shall follow paths as specified on the electrical drawings. Conduit runs installed underground in or below concrete slabs, below grade in I duct banks, or in concrete walls shall be rigid galvanized steel conduit for sizes 2" and below. Sizes above 2" may be rigid galvanized steel or rigid plastic conduit not less that Schedule 40. IIAll 3 phase underground conduit runs, whether single or multiple runs in duct banks shall be encased in concrete with the top of the concrete envelope not less than 24 inches below grade. The concrete envelope for single conduit runs I shall be not less than 3 inches on all sides while duct banks shall be as detailed on the plans. Encased rigid plastic conduit runs shall use cemented socketweld couplings or integral bells on conduit. All underground conduit runs shall be terminated with rigid galvanized steel elbows and fittings. IConcrete for electrical conduit encasement shall be standard mix with pea gravel aggregate, f'c = 2000 psi, with admixture to produce red color. Admixture shall be 3* by weight of pure synthetic red iron oxide uniformly I mixed into the concrete. All cuts on conduit shall be square. Conduit ends shall be reamed after I cutting. Couplings and threaded hubs shall have no less than five (5) full threads of the conduit engaged and shall be screwed up wrench tight and butted. Seamless pipe shall be used for all bends made in the field. Conduit bends I shall be made with standard• "hickeys" to prevent Rinks or flats in the bends. The proper size hickey shall be used for each size conduit. The radius of the curve of the inner edge of any bend shall not be less than I six (6) times the internal diameter of the conduit. All bends shall be carefully inspected for flaws before installation. Flexible conduit connections shall be used at all motors or wherever vibration I may make rigid conduit connections impractical. Flexible conduit in non- hazardous areas shall be flexible metal conduit covered with a polyethylene jacket. Metallic portion of all flexible conduit shall be bonded to boxes. I Wherever conduits cross building expansion joints, conduit expansion joints shall be provided. I 0602-01r To-16 Electrical TS16-5 Z E L —EN6IINEERS— • f.. 4 . .. '..:r— -" • ': _ ,--h.. .:.i . • SECTION TS16 ' ELECTRICAL The installation of all conduit shall be properly coordinated with the work of II other trades. Field routed conduit paths must be approved by the Engineer before installation. IIUse galvanized rigid conduit where conduit changes from underground and/or concrete embedded to exposed, under equipment mounting pads, in exterior light pole foundations, and for analog circuits. II PULL BOXES.; Pull boxes shall be constructed of stainless steel or copper free aluminum of not less than the minimum size recommended by the National Electrical Code. Pull boxes shall be weatherproof, NEMA 4X unless noted. The Contractor shall provide pull boxes where shown on the drawings or as required by the code, whether shown on the drawings or not. Pull boxes shall be approved for use in the area where they are installed. All pull boxes and junction boxes shall be sized to permit pulling of conductors out of boxes and feeding back into the boxes without exceeding the bending radius of cables as recommended by the cable manufacturer. Pull boxes, junction boxes or suitable conduit fittings shall be provided in • accordance with the following schedule: Run Max. .length_._without pull box .Straight not over 200 feet • One 900 bend not over 125 feet Two or more 90° bends not over 75 feet Conduit runs between outlets shall contain not more than the equivalent of four ' (4) quarter bends. RACEWAY CLEANING: I The electrical contractor shall be responsible for cleaning all conduit, wireways and ducts, both overhead and underground before pulling cables. For IIunderground ducts, the minimum cleaning shall consist of pulling a flexible mandril 1/4 inch smaller in diameter than the duct, followed by two passes with wire brushes the same diameter as the duct and one pass with a swab. The Contractor must be satisfied that ducts are free of burrs or obstructions which I might damage cables before beginning pulls. If cables are damaged while being installed they shall either be adequately repaired in a manner suitable to the Engineer, or shall be replaced by the Contractor with new cable of comparable quality and description, at no cost to the Owner. II Underground ducts for all services, including active, spare and telephone shall be cleaned as specified in this section. IIRACEWAY SUPPORTS: "Raceway" is defined as conduit or any other material or equipment used to IIenclose or hold cable or wire, such as wireway or cable tray. oeo2-oir Ta-16 Electrical TS16-6 —ENGINEERS— I II SECTION TS16 I ELECTRICAL The electrical contractor shall provide material and labor to design, fabricate and install raceway supports. IRaceway shall be installed with at least six (6) inches clearance from uninsulated hot pipes or other hot surfaces. Conduit shall be spaced far enough apart on supports so that the conduit fittings are accessible for 1 pulling or splicing wires. Raceway shall not be supported from process piping. 1 All conduit one (1) inch trade size and smaller shall have supports spaced not more than eight (8) feet apart on horizontal runs and ten (10) feet on vertical runs. All other raceways shall be supported at intervals not to exceed ten (10) feet horizontally or vertically. ISupports shall be provided on each side of conduit bends or elbows and not more than 3 feet from any outlet or termination point. IIWhere raceway requires support between structural framing members, suitable supplementary steel members shall be provided by the Contractor tospan between them. Drilling of holes in flanges of structural framing members for hangers I or supplementary steel will be permitted only with the approval of the Engineer. Under no circumstances shall holes be permitted in the center portion of any structural member. 1 Conduit not located in main racks shall be supported in a suitable manner by one (1) hole malleable clamps, U-bolts, Korns Clamps or similar means. Perforated strap or plumbers strap will not be permitted. I Raceway supports shall be secured to concrete work by approved expansion anchors or bolts, or by inserts set at the time the concrete is poured. When conduit supports or racks are attached to structural members, properly drilled II holes shall be used. Burning of holes in structural steel members shall not be permitted. Supports or racksmay be welded to structural steel members only if welded areas and cut ends are repaired with Galvalloy or equal. II All structures or supports for raceway shall be constructed for free draining, such that condensation or precipitation will not be trapped. WIRE AND CABLE: liGeneral: I Conductors for lighting and power circuits shall not be less than #12 AWG,. stranded copper and conform to the following standards and/or specifications. Conductors for control use shall not be less than #16 AWG, stranded copper with type THHN/THWN insulation. I Conductors shall not be smaller than indicated on the drawings nor less than that required by the National Electrical Code (NEC) . 1 , P 0802-01r Te-16 Electrical TS16-7 Z E L —ENGINEERS— !' 11 SECTION TS16 ' ELECTRICAL Solid wire shall not be accepted in any service except thermocouple lead wire, 1' if used. The Contractor shall, at his own expense, replace any solid wire used on this job with correct type and size stranded wire. Cables and conductors shall be tagged for identification by the electrical contractor using printed tape, or equal method, at each end and at all intermediate junction, tap or splice points. Use individual wire numbers as shown on the wiring diagrams and elementaries for all wires so numbered. Use cable numbers as shown on cable or circuit schedules. All power wires shall be colored black. Control and lighting wires shall be color coded in accordance with the design drawings, ICEA standards or the NEC if not indicated by the design drawings. All feeders entering or leaving distribution equipment, junction and pull boxes shall have conductors tagged as to phase identification; i.e. , 'A' , 'B' 'C' or '1' , '2' , '3' , and circuit designations. Each coil or reel of wire and cable furnished by the electrical contractor shall bear a tag containing the Underwriter's listing stamp, name of manufacturer, trade designation and month and year of manufacture. Material shall be of recent manufacture and in no case older than six (6) months. 600 Volts ,and._.Below: Wire sizes through #6 shall have THHN/THWN insulation. Wire sizes larger than #6 shall be Type XHHW-2 chemically crosslinked polyethylene insulation and shall meet or exceed ICEA S-95-656, NEMA WC-70, and UL 44. Insulated ground conductors shall have THHN/THWN or XHHW green insulation. Conductors shall be manufactured by Service Wire Co. , Okonite, BICC or an approved equal. Instrument Cable: Single pair instrument cable shall be 2/c shielded twisted pair rated 600 volts, with #16/AWG stranded tinned copper conductors, PVC insulation with nylon jacket, tinned copper braided shield, and overall PVC jacket. Cable shall be Belden No. 9952 or approved equal. Multi-pair instrument cable shall be similar to above except each pair to have a metallic foil shield with drain wire and an overall metallic foil shield. Cable shall be Belden No. 1055A for 2 pair, 1037A for 3 pair, etc. , or approved equal. Special instrument cable shall be as specified on the contract drawings. WIRE CONNECTIONS AND DEVICES: Wires and cables shall be installed without joints or splices, as far as practical. Splices, connections and terminations, when needed, shall be made with approved pressure-type solderless fittings. Wire nuts will not be 0802-ou Ts-is Electrical TS 1 6-8 Z E —ENGINEERS— - ' Ii SECTION TS16 I ELECTRICAL permitted except on lighting and receptacle circuits where necessary:. ' Connectors, splices and terminations shall be securely fastened with double indent tools designed to bring uniform pressure on all sides and shall not loosen under normal vibration or strain. ' Fittings shall be of the correct size for the conductors and strands shall not be cut from conductors. Splices, if used, shall be insulated such that insulation will be equal to or • better than the insulation on wires which are spliced. Installing.; Wire And Cable: IIAll wire and cable shall be installed in raceway systems. No wire or cable shall be installed.until the raceway system for that wire or cable is complete. • ' Wire pulling lubricant shall be used when installing wire or cable in raceway whose length from feeding point to pulling point exceeds 25 feet (except tray) . • Care shall be taken to ensure conductor maximum pulling tension is not exceeded • ' while pulling wire into conduit. • Installation in .Panelboards;, Cabinets, Control Panels, Etc. : I . Wiring in such installations shall be neatly formed, grouped and laced with non-conductive binders. BOXES,, CABINETS..._AND.. ENCLOSURES: Pull boxes shall be supplied in conformance with a prior subsection of this specification. Junction boxes, cabinets and other enclosures for electrical materials or • equipment shall be provided as shown on the drawings or as required by the National Electrical Code. Size shall be the larger of that shown on the drawings or as required by the National Electrical Code. ' Material shall be stainless steel or copper free aluminum. All boxes and cabinets installed outdoors shall be of NEMA 4X construction and ' . shall be fitted with covers suitable for the environment in which they are located. All connections to boxes and cabinets installed outdoors shall be by threaded • ' hubs or fittings meeting NEMA 4 minimum requirements. Outlet boxes of a type to suit the intended use shall be installed at the IIlocations shown on the drawings. • ' esez-oir Ta-16 Electrical TS16-9 Z E —ENGINEERS-- I SECTION TS16 ELECTRICAL Location of outlet boxes shall be closely coordinated with the work of other trades to avoid interferences and provide efficient service to the devices or equipment served. All supports fabricated for outdoor boxes shall be aluminum or galvanized steel. PANELBOARDS; Furnish and install circuit breaker type lighting and power panelboards as indicated on the drawings and schedules. Panelboards shall be of the dead-front safety type employing thermal-magnetic molded case circuit breakers. A steel circuit directory frame and card with a clear plastic covering shall be provided on the inside of the door. The directory card shall provide a space at least 1/4" high x 3" long for each circuit. The directory shall be typed to identify the load fed by each circuit. Panelboard fronts to be hinged door-in-door trim. Interiors shall be completely factory assembled devices. T ey shall be without designed such that switching and protective devices can replaced disturbing adjacent units and without removing the main bus connectors. Surface trims shall be same height and width as box. Main bus bars shall be copper sized in accordance with UL standards to limit temperature rise on any current carrying part to a maximum of 65°C above an ambient of 40°C maximum. A system ground bus shall be included in all panels. Full-size (100%-rated) insulated neutral bars shall be included for panelboards shown with neutral. Bus bar taps for panels with single-pole branches shall be arranged for sequence phasing of the branch circuit devices. Neutral busing shall have a suitable lug for each outgoing feeder requiring a neutral connection. 200%-rated neutrals shall be supplied for panels designated on drawings with oversized neutral conductors. Enclosures shall be at least 20 inches wide made from galvanized steel. Provide minimum gutter space in accordance with the National Electrical Code. Where feeder cables supplying the mains of a panel are carried through its box to supply other electrical equipment, the box shall be sized to include the additional required wiring space. At least four interior mounting studs with adjustable nuts shall be provided. Enclosures shall be provided with blank ends. Provide an engraved nameplate for each panel section. 0802-01rTS16-10 Z E Lr Te-16 Electrical - ' —ENGINEERS— .a ..y-. ,.t I i •. r. t . 1 SECTION TS16 IELECTRICAL properlycleaned, primed, and a finish Surfaces of the trim assembly shall be coat of gray ANSI 61 paint applied. IInstall 6 feet to top of panelboard; install panelboards taller than 6 feet with bottom no more than 4 inches above floor. I Manufacturer to be Square D. EWITEs,: RECEPTACLES AND DEVICES: IIAll wiring devices shall be of heavy duty industrial grade or hospital grade construction. IIWiring connections shall be made only via looping conductors around terminal screws. Devices employing only "slip-in" wire connections shall not be used. (Compression type connections are permitted with power receptacles and plugs.) Devices shall be held securely in place by threaded screws attached to outlet boxes. Devices shall, in no way, depend on cover plates for support. Wiring devices installed outdoors: or in potentially wet areas shall be IIinstalled in FS b xes.;with weatherproof covers. Plates shall be properly aligned horizontally and vertically. I All surface mounted plates shall be same height and width as box. • Switches: • IAll switches shall be rated 20 amps, 120/277 volt, silent type. Unless noted otherwise, switches shall be set 48 inches above walking surface. 120 Volt Convenience Outlets (Receptacles) : All receptacles shall be single or duplex .grounding type rated 20 amps, 125 II volts, A.C. , NEMA 5-20R, except as noted on drawings. Receptacles shall be ground fault interrupting type (GFCI) where noted on drawings or required by codes. IAll receptacles located outdoors or in damp locations shall be the ground fault interrupting type with a weatherproof hinged cover. II Control Switches: Push buttons and selector switches shall be industrial, heavy duty, oil tight construction to mount in a standard 1-7/32 inch diameter hole. Contact. blocks I shall be suitable for side=-by-side and/or tandem mounting to the base of the operator. Terminals shall be pressure clamp type to accpmmodate #12 - #18 stranded copper' wire. Contacts to be rated at least. .60 ampere make; 6 ampere II break 'at 120 volts AC. switches shall .:be manufactured by Square-D, GE, or Eaton/Cutler-Hammer. I 0802-01r TB-16 Electrical TS16-11 ZEI- -ENGINEERS- SECTION TS16 II ELECTRICAL Pilot Lights: Pilot .lights shall be industrial, oil tight constc.ton, •12`0 volt transformer type, :With interchangeable .colored lens, to mount 11 eto acn ndar0 :1-7112 date #.12 -1#18 diameter hole. Terminals shall: be pressure. clamp type, stranded copper wire. Relays: Unless otherwise noted on drawings, all relays shall be industrial machine tool type with convertible 600 volt AC contacts with minimum ratings of 60 ampere T' make, 6 ampere break at 120 volts AC. Coils shall be of molded construction, matched to the circuit voltage and continuous duty rated. Terminals shall be provided with pressure wire connectors. `' DISCONNECT SWITCHES.: Switches shall be provided as shown on the drawings or as requiredl bra tthe ire National Electrical Code and shall be of heavy duty, d construction. Switches shall be type and size as shown on the drawings. ' All 'switches shall be rated NEMA 4X if located outdoors, NEMA 1 minimum if located indoors, unless otherwise noted on drawings. 141 Switches shall be installed to be fully accessible in accordance with the NEC. 11 Switches shall be constructed to simultaneously disconnect all ungrounded . conductors. Switches shall be identified with name and number of circuit(s) or motors) served. Rating and Over-current Protection: shall Low voltage ti switches used o o exceed the horsepowerisconnect motor ofmotor(s)efedhorsepower the II rated. Rating mustequal switch(es) . g If a fused disconnect switch is called for, fuses manufacturer,ror atinbysp the spNEC ecified II on the drawings or schedules, by equipment shall be supplied by the Contractor. OVER-CURRENT PROTECTIVE DEVICES..: II Rating: IIAll devices shall be rated to conduct at least the maximum full load current of the circuit in which it is used. 1 TS16-12 Z E L 0802-01r Ts-16 Electrical il ENGINEERS— II SECTIONTRICAL TS16 ELEC I . All protective devices which interrupt overload or short circuit current shall be rated to interrupt and withstand the maximum bolted fault current which may I occur in the circuit to which it is connected. • All devices shall be furnished to agree with any additional requirements listed on the drawings and schedules. IFuses: • Fuses shall be one-time type. Renewable fuses are specifically prohibited. • IIFuses, unless noted otherwise, shall be current-limiting type. • IOnly cartridge-type fuses may be used. Plug-type fuses are prohibited. Circuit Breakers: I Molded case circuit breakers for panelboards and similar uses shall be thermal- magnetic type. Magnetic-only type may be used in combination motor starters. Molded case circuit breakers shall be bolt-on type. Plug-in type connections • II shall not be used. Load side lugs shall be furnished to match the number, type and size wire or cable attached. All breakers shall be manufactured by the supplier of the panelboard. • IMotor Overloads: I Motor overload relays shall be 3 pole, ambient compensated type. The Contractor shall provide all motor overload relay heaters. I Heaters shall be sized according to manufacturer's recommendations and according to actual motor nameplate data. Motor overload relays shall be furnished as integral components of all motor Istarters. GROUNDING: IInstall ground system as shown on drawings and as specified herein. Non-current carrying metal parts of all electrical equipment shall be grounded Ito equal or exceed the requirements of the National Electrical Code. In general, a separate ground conductor shall be attached to each item for which grounding is required, Switchgear assemblies, motor.'..contro .... centers, motors;, motor starters,: feeder breakers or switches and switch racks shall be connected: I to the ground system. All metallic conduit and raceway shall be grounded directly or through the equipment. II . All neutral conductors shall be grounded, :except where specifically exempted. Neutrals shall be connected to ground at only one point, as specified by the NEC (usually at system distribution panel) . I 0802-olr Ts-16'Electrical • TS 1 6-1 3 Z E L —ENGINEERS- 1 • a. • SECTION TS16 II ELECTRICAL Ply Ground rods to be copper-clad steel rods not less than 3/4 inch in diameter, 10 II feet long driven full length into the earth. For below grade connections, provide exothermic-welded type of connectors asm , manufactured by cadweld, thermoweld, or equal. • For above grade connections, provide exothermic-welded, or compression type LIGHTING: • Lighting fixtures and lamps as shown on the drawings, schedules and/or this • specification shall be furnished and installed by the Contractor. , Lighting fixtures shall be located approximately as shown on the electrical drawings. The Contractor shall review drawings of other traddesde effroto vide lighting fixtures compatible with surrounding conditions, to p lighting for the work areas and to prevent interference between lighting equipment and other equipment. Installation and Proper- suPport o lighting fixtures shall be the responsibility of the Contractor. Fixtures shall be aligned and mounted uniformly. Aiming to. accontiplish effective lighting of areas to beilluminated shall be performed by the Contractor. The .Contractor shall supply ' and accessories necessary for proper mounting and installation of fixtures. All fixtures to be UL listed. ?� Support surface mounted luminaires on grid ceiling directly from building structure. Provide safety clips to ,secure fixture to ceiling grid., and locate at opposite corners of fixture. ' Install recessed luminaires to permit removal from below. Install recessed luminaires using accessories and firestopping materials to , meet regulatory requirements for fire rating. Install clips to secure recessed grid-supported luminaires in place. Support IIdirectly from building structure. Exterior Lighting Fixtures: - II exterior lighting fixtures shall be industrially rated, enclosed, Basketed, and weatherproof. IIBALLAST: All ballast to be UL listed. II to match lamp type and voltage. See fixture schedule. Make every effort to provide all ballast from the same manufacturer. Ballast within luminaries of a given type must be from the same manufacturer. I 0602-01Z T6-16 Electrical TS16-14 Z E L - ' —ENGINEERS— . 1 SECTION TS16 ELECTRICAL IFluorescent Ballast specifications: 1. Ballast shall be instant start. 1 II 2. THD of less than 20% unless otherwise noted on drawings 3. Power factor of greater than .95 I 4. Ballast shall operate from 60 Hz input source of 120V, 277V, or 347V as applicable with sustained vaiations of ± 109c (voltage and frequency) with no damage to the ballast II 5. Ballast shall be high frequency electronic type and operate lamps at a frequency between 20 kHz and 30 kHz or above 42 kHz to avoid interference with infared devices and eliminate visible flicker. 1 6. Ballast shall provide for a lamp current crest factor of 1.7 or less in accordance with lamp manufacturer recommendations. 7. Ballast shall have a Class A sound rating for all 4-foot lamps and I smaller. 8. Ballast shall have a minimum ballast factor for primary lamp application as follows: 0.75- for low watt, 0.85 for normal light output, and 1.20 for high light. II9. Ballast shall have a minimum starting temperature of -18°C (0°F) for standard T8 lamps. • • 10. Ballast shall contain auto restart circuitry in order to restart lamps • without resetting power. 11. Ballast shall be manufactured in a factory certified to ISO 9002 Quality System Standards. II12. Ballast shall tarry a five-year warranty from date of manufacture against defects in material or workmanship, including replacement, for operation at a maximum case temperature of 70°C. II 13. Manufacturer shall have a fifteen-year history of producing electronic ballast for the North American market. IHID Ballast Specification 1. Constant wattage autotransformer or regulator, high power factor type II 2. Single lamp ballast. 3. Minimum starting temperature of -30°C and designed for installation in a normal ambient temperature of 40°C. II 4. Use ballast constructed so that open circuit operation will not reduce the average life. 5. Ballast shall contain auto restart circuitry in order to restart lamps Iwithout resetting power. 6. Ballast shall be manufactured in a factory certified to ISO 9002 Quality System Standards. II7. Ballast shall carry a two-year warranty from date of manufacture . against defects in material or workmanship, including replacement. 0802-air Ts-le Electrical TS16-15 Z E I —ENGINEERS— 1 SECTION TS16 II ELECTRICAL 8. Manufacturer shall have a fifteen-year history of producing magnetic .' ballast for the North American market. Lamps: '.1 Lamps shall be provided for all fixtures. Lamps installed during,construction, which have experienced more than 50% of burning hour l .f,e;, as published in manufacturer's data, shall be replaced with new lamps prior to final inspection. Incandescent lamps shall be rated for a minimum of 2500 burning hour life and '� shall be vibration resistant. Fluorescent lamps shall be high efficiency type employing latest technology designed to yield maximum lumens output per watts input. HID Lamps shall be furnished with fixtures as specified on the drawings. All lamps shall be of the same manufacturer.` Lamp type and color will be as noted on drawings. All lamps to be UL Listed. <' VARIABLE FREQUENCY. DRIVE: Drive: The VFD shall be sized to operate the AC motors as defined in the specifications and drawings. Alternate control techniques, other than pulse width modulated (PWM) control, are not acceptable. The VFD shall be 480 VAC three phase 40 hp. The VFD manufacturer shall use a 6-pulse bridge rectifier design with a 3% • ' line reactor. The power section shall be insensitive to phase rotation of the AC line. The VFD shall be sized to operate a Variable torque load. The VFD shall operate from an input frequency range of 47 63 Hz. II The displacement power factor shall not be less than 0.95 lagging under any li • speed or load conditions. The efficiency of the VFD at 100% speed and load shall typically not be less than 96%. Efficiency shall vary with the power rating of the VFD. II The VFD shall have protection against short circuits, protection between output phases and; and protection between the logic and analog circuits. 0002-01r TB-16 Electrical TS16-16 Z E L ' —ENGINEERS— II SECTION TS16 ELECTRICAL IThe VFD shall have a coordinated short circuit rating designed to UL 508C and listed on the nameplate. 1 Provide with a Human Interface Module for local programming and display panel. II At a minimum the following faults shall be displayed at the Human Interface module: Power Loss, undervoltage, Overvoltage, Motor Overload, Heat Sink Over-temperature, Maximum Retries, Phase to Phase and Phase to Ground Faults I The drive shall be capable of using analog inputs for controlling motor speed. Include a Modbus tcp card with the drive. IThe Variable Frequency Drive shall be an Square D ATV61. TRANSFER SWITCH: IRating of the automatic transfer switch shall be 200 amps, 480 volts, 60 Hz, three phase, 3 pole. IUnit shall be NEMA 4X rated. Include integrated multilingual user interface for configuration and II monitoring. Emergency source failure alert indication. II Auxiliary contacts to indicate position of main contacts. Two (2) for normal and two (2) for emergency position. Solid neutral termination. IUnit shall be ASCO Series 300 Power Transformer Switch. MOTORS: IIMotors for the pumps will be furnished with the pumps under Section T14E of this specification. II Motors furnished under other sections of these specifications shall be of sufficient size for the duty to be performed and shall not exceed 1005 of the full-load rating when the driven equipment is operating at specified ,capacity I under the most severe conditions likely tobe encountered. . Unless otherwise specified, all motors shall be for operation on 460 volts, 3. phase, 60 Hertz and shall be totally enclosed suitable. for continuous-duty based on a 40 degree C. amkient `temperature of reference. Polyphase motors shall be squirrel-cage II type, having normal-starting-torque and low-starting-current characteristics, unlessother characteristics are specified elsewhere. The horsepower ratings indicated on electrical drawings are for guidance only and do not limit the equipment size. When electrically driven equipment furnished, under other sections of these specifications materially differs from the contemplated design, the Contractor shall make the necessary adjustments to the wiring, 0902-01r Te-16 Electrical TS 1 6-1 7 Z E L I —ENGINEERS— SECTION TS16 II ELECTRICAL disconnect devices, branch circuit protection and starters to accommodate the equipment actually installed, without additional cost to the Owner. EQUIPMENT CONNECTIONS: Equipment Connections: All wiring (conduit, conductors and connections) for the interconnection of electrical equipment and its controls shall be furnished and installed under this section of the specifications. Connections shall comply with all applicable requirements of this section of the specifications. Flexible raceways Six feet or less in length shall be provided to all electrical equipment subject to vibration or movement and for all motors. Liquid tight raceways with compression fittings shall be used in damp or wet .: locations. LABELS.: General: Labels and tags are to be provided on all electrical equipment as specified in other paragraphs of this section, as 'indicated on the drawings, or as required for proper identification. EQUIPMENT REFERENCES: Particular attention and reference shall be made to the other sections of these specifications for :the proper: coordination of all material to be furnished and/or installed and all work to be accomplished under this section,. ;and for 1 descriptiond Of control equipment furnished thereunder 'as well as -;the manner in;. which the equipment will function. Equipment requiring electrical connections and coordination shall include, but not be limited to the following: TS7D - CONTROL VALVES TS14E - SUBMERSIBLE PUMP TS17 - INSTRUMENTATION AND CONTROL EQUIPMENT. PAYMENT: I No separate payment will be made for any of the work covered by this section of the specifications. All costs in connection therewith shall be included in the lump sum Bid for the completed work. II 1 II II II 0802-01r To-16 Electrical TS 1 6-1 8 Z E L -ENGINEERS- 1 I SECTION TS17 tINSTRUMENTATION AND CONTROL EQUIPMENT SCOPE: IThe work covered by this section of the specifications consists of furnishing all labor, equipment, appliances and materials and performing all operations in connection with the satisfactory installation of the instrumentation and II control system complete with all appurtenances, accessories, control piping, and listed wiring in strict accordance with this section of the specifications, the applicable drawings, and subject to the terms and I conditions of the Contract. GENERAL: 1 The instrumentation and control system furnished and installed under this section of the specifications shall consist of, but not be limited to, the following: III . Magnetic flow meters, and associated transmitters, indicators, totalizers, converters, etc. II • Instrument devices, relays, enclosures, etc. as listed herein, as shown on contract drawings, and/or as required. The Instrument Integrator shall coordinate his work with equipment being 1 furnished under other sections of these specifications. GENERAL DESIGN CRITERIA: IIEquipment Design: All of the equipment shall be the manufacturer's latest and proven design. These specifications and associated drawings describe basic functions and pertinent features but do not purport to cover all II details entering into the design of the instrumentation system. The completed system shall be compatible with the functions required and the equipment furnished under this Contract. I Power Sources and Electrical Interconnection: All electrical components of the system shall operate on 120 volts, single phase, 60 cycle current unless otherwise noted. The drawings and specifications indicate the energy sources II that will be provided. Any other devices necessary to obtain proper operation of the instrumentation from these energy sources shall be furnished with the instruments. All necessary fuses or switches required by the instrument manufacturer for his equipment shall be provided with the II equipment. All instruments requiring an internal power supply shall have an internal ON-OFF switch. I Electrical Interconnections: All conduit and wiring between panels and all field mounted devices; between panels; between field mounted devices; and between all instrumentation and power sources will be furnished and installed under the ELECTRICAL section of these specifications unless noted herein to 1 be installed under this section of the Specifications. The instrumentation contractor shall provide necessary wiring information where not shown on the contract drawings. II II 0802-01R TS-17 Instrumentation and Control Equipment.docx TS17-1 ZEI- _ENGINEERS- 1 MEOW I/ SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT ' Miscellaneous Requirements: All components furnished shall be the manufacturer's standard for the service intended unless otherwise indicated in the specifications or noted on the drawings. All components shall be tagged with the item number and nomenclature used in the specifications and shown on the drawings. SHOP DRAWINGS AND INSTRUCTION MANUALS: Shop Drawings: The plans show the extent and general arrangement of the equipment and may be modified as required to suit the equipment furnished, subject to the approval of the Engineer. As soon as practicable, and within 60 days after the award of the Contract, the Contractor shall submit for approval the following descriptive literature and drawings for all equipment furnished under this section of the specifications: Six (6) copies of a complete set of equipment, wiring, and piping installation drawings showing complete details of the installation and any necessary changes in arrangement, piping, etc. , from that shown on the plans. Partial submittals or sales bulletins will not be reviewed. Six (6) copies of equipment specifications, outline dimension drawings, wiring and/or piping diagrams for each item of equipment being furnished. Instruction Manuals: Upon completion of the control system, the Contractor shall supply six (6) copies of operating and maintenance instruction bulletins with separate parts lists for each item of equipment being furnished. Operating instructions shall also incorporate a functional description of the entire system including the system schematics which reflect "As Built" modifications. Special maintenance requirements peculiar to the system shall be clearly defined along with special calibration and test procedures. The Instrument Integrator shall assign instrument numbers to all instruments and devices. Numbering system shall be consistent with system existing at the site, and shall be submitted to the engineer for approval. INSTRUMENTS: I Flow Meter: Flow meters shall be furnished for installation by piping where indicated on the drawings. The flow meters shall operate on electromagnetic induction principle and give and output signal directly proportional to the liquid rate of flow. Each meter shall have a stainless steel metering tube and a non-conductive liner suitable for the liquid being metered. End connections shall be steel flanged. ANSI Class 150#. The housing shall be epoxy coated steel and welded at all joints. Bolted coil enclosures shall not be acceptable. The field coils of the meter shall be supplied with a precisely adjusted bi- polar direct current. 0802-01R TS-17 Instrumentation and Control Equipment.docx TS17-2 Z E L I —ENGINEERS— SECTION TS17 ' INSTRUMENTATION AND CONTROL EQUIPMENT There shall be no electronic components on the primary flow head. Coil drive power shall be supplied by an integral or remote signal converter. Output signal from the primary shall be fed through 'DS' proprietary cable supplied with the meter to the signal converter. II The meter body shall have a housing rated IP68 for constant submersion in water. Electrode material shall be compatible with the process fluid. ' Liner material will be hard rubber. Meter will have field replaceable electrodes with access parts. ' The instrument shall be manufactured in an ISO 9001 approved facility. The meter shall be provided with corrosion resistant grounding rings. ' Meter calibration shall be performed by a direct volumetric comparison method. A calibration certificate shall accompany each meter. Calibration facility shall be certified to .03% accuracy, and be traceable to national standards. The meters shall be Rosemount 8750WA. ' The magnetic inductive flow converters shall be remote mounted in a NEMA 4X panel at the equipment rack and provide precisely controlled and regulated, bi-polar DC primary field excitation pulses at a keyed frequency which is user configurable. It shall convert the primary flow meter signal into a standard linear analog output directly proportional to the flow rate of flow total. The converter shall be capable of up to (4) inputs. Outputs to be 4- 20 mA DC with HART superimposed digital signal. Cables as recommended by Rosemount and as shown on the drawings shall be installed to connect the flow meters and converters. The converter shall display flow in GPM and shall have non-resettable totalizers to display total ' flow on demand. The converters shall have a 4-20MA output for connection to the SCADA system. ' Level Transmitter: Device shall be a loop powered device that supports both Foundation fieldbus, and the analog 4-20 mA with superimposed digital HART. The transmitter housing shall have two integral " NPT cable entries for conduit/cable connections. Provide Dual compartment housing to separate cabling from the electronics for increased moisture resistance. Unit shall be IP67 rated. The antenna assembly is the only part in contact with the tank, and it ' consistent of an antenna, an 0-ring, a tank seal, a flange or a thread. Level Transmitter shall be Rosemount 5402 two wire radar level transmitter. 0802-01R TS-17 Instrumentation and Control Equipment.docx TS17-3 Z E L —ENGINEERS— SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT ' Pressure Transmitter: Provide pressure transmitter capable of measuring -10 to 50 psi. Transmitter shall be Turck PS010V-503-LI2UPN8X-H1141pressure sensor. Also, provide with Turck WK4.4T-10/S618 mating cable. Level Transmitter (Submersible Pressure) : Submersible liquid level sensor. Provide field-mounted Phoenix Contact "Boxtrap" AC Power protection and analog surge protection for each level transmitter. Level Transmitter shall be Mercoid Submersible Liquid Level Sensor PBLT2-15- 60. Range to be 0 to 15 psi. . ' Provide with 60 ft cable. Pump Control Panel (PCP) : PCP shall be comprised of variable frequency drives (VFD) , terminal strips, circuit breakers, line reactors, utility light, GFI utility outlet, enclosure, and other appurtenances as required for a fully functioning and fully operational system. See Specification TS-16, Electrical for VFD requirements. The control panel shall be suitable for 480 V, 60 Hz, three-phase power with adequate control power transformer to supply 120 V, 60 Hz power for devices listed. Provide following circuit breaker for 120V control power: One (1) circuit breaker for panel LCP ' One (1) circuit breaker for PCP internal power supplies and control power. Two (2) spare circuit breakers. Terminal strips shall be mounted using DIN rails. A single pole limit switch shall be mounted on the door frame of the PCP enclosure and shall be wired to a non-relay-isolated input of the PCP to provide an intrusion signal to the SCADA system. Limit switch shall also turn on an interior fluorescent light mounted to top panel. When door is open light turns on and door closes light turns off. A Square D AC power surge protector shall be installed integral to the PCP to provide transient and surge protection for incoming AC power. A phase monitor shall be provided for 480 Volt 3 phase monitoring. Enclosure shall be NEMA 4X stainless steel as shown on drawings. 0802-01R TS-17 Instrumentation and Control Equipment.docx TS17-4 Z E L ' —ENGINEERS— I SECTION TS17 ' INSTRUMENTATION AND CONTROL EQUIPMENT Anti-corrosion inhibitor blocks shall be mounted inside PCP enclosure to reduce corrosion. Corrosion inhibitors shall be Hoffman Model A-HCI10E. Provide Thermal Edge NE080486-4X 8000 BTU/HR AC in Nema 4X Enclosure. Local Control Panel: LCP: The Instrumentation and Control System Integrator shall make use of readily available products with a proven history of reliable service when used in municipal water and wastewater applications. Local Control Panel (LCP) shall be comprised of a Modicon M340 programmable ' logic controller (PLC) , surge arrestors, relays, power supplies, terminal strips, solar shields, heater and thermostat, circuit breakers, utility light, GFI utility outlet, Cellular modem, enclosure, and other appurtenances as required for a fully functioning and fully operational system. ' Cellular modem shall be Sixnet SN-6801HSPA. Include with 4" portable hinged dual-band antenna Sixnet FANDK819SMAH3. Verify data carrier with Augusta ' Utilities Department prior to ordering. As a minimum, each LCP shall be capable of supporting the following I/O complement: 16 Digital (discrete) Inputs, 12 Digital (discrete) Outputs, 6 ' Analog Inputs (4-20 mA or 1-5 VDC) , and 2 Analog Outputs (4-20 mA, isolated, into 750 ohms minimum) . ' All field wiring terminations shall be made to terminal strips capable of accommodating up to #12 AWG wire. Terminal strips shall be mounted using DIN rails. All analog inputs and outputs, including spare analog inputs and outputs, shall be protected from surges using three separate levels of surge/transient suppression. The first level of protection shall be via a 1/4 Amp 3 AG size fast acting fuse. Secondary and tertiary protection shall be fulfilled using combination gas discharge tube and metallic oxide varistor (MOV) surge protection with current limiting resistors. Terminals shall be installed to allow each of the four analog inputs to be configured for 2-wire or 4-wire process transmitters and to produce either 4 to 20 mA or 1 to 5 VDC outputs to the PLC and any future display or signal conversion devices. Terminals shall be installed adjacent to the analog surge protection to provide 24 VDC ' power for connections of future 2-wire transmitters. All digital inputs, including spare digital inputs, shall be isolated via electro-mechanical relays. Minimum contact rating for relays shall be 5 Amps at 250 VAC. A minimum of eight digital inputs shall be connected to field wiring via DIN rail mounted terminal strips. A 2 Amp 3 AG size fuse shall protect digital inputs. A minimum of eight (8) relays shall be provided and shall be fully wired to eight (8) digital inputs. Additional inputs shall be wired via interposing relays and terminals if required to accommodate additional field signals. ' Digital outputs shall be isolated from field wiring through terminal strips and electro-mechanical relays with contact ratings of 10 Amps at 250 VAC minimum. A minimum of six (6) relays shall be provided and shall be fully ' 0602-01R TS-17 Instrumentation and Control Equipment.docx TS17-5 Z E L —ENGINEERS— I SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT wired to six (6) of the digital outputs. Additional outputs shall be wired via interposing relays and terminals if required to accommodate additional field signals. Separate DC power supplies shall be provided for the PLC, cellular modem, and for field analog and digital inputs. All DC power supplies shall be protected via indicating 3 AG size fast-acting fuses. Indicating fuse holders shall be utilized and shall be DIN rail mounted. A single pole limit switch shall be mounted on the door frame of the LCP enclosure and shall be wired to a non-relay-isolated input of the LCP to provide an intrusion signal to the SCADA system. Limit switch shall also turn on an interior fluorescent light mounted to top panel. When door is open light turns on and door closes light turns off. Surge protectors shall be provided internal to the LCP enclosure to provide transient and surge protection for the phone line (where telephone line communications are used. ) A 750 VA (minimum) Uninterruptible Power Supply shall be provided integral to each LCP enclosure. The control panel shall be suitable for 120V, 60 Hz, single-phase power. Control power shall be sized to serve the breakers being provided to service lights and receptacle listed below. One (1) circuit breaker shall be provided for the LCP's internal power supplies and control power. One (1) circuit breaker to serve four-150 Watt lights mounted under electrical shed. Provide one (1) circuit breaker for convenience outlet. Provide one (1) circuit breaker to serve flow transmitters. , Provide two (2) spare circuit breakers. A Square D AC power surge protector shall be installed integral to the LCP to provide transient and surge protection for incoming AC power. A separate GFI duplex utility outlet shall be protected by the surge protector and shall be used only for the UPS system. LCP enclosures shall be constructed in accordance with the following requirements: LCP enclosure shall be a NEMA 4X Stainless Steel, door stop, hinged exterior door, easy open latches (no tools required) and padlocking provisions. Panel shall be provided with a hinged interior panel. All breakers, lights, pushbuttons, switches, and accessories shall be visible and operable without opening the hinged interior panel. 1 0802-01R TS-17 Instrumentation and Control Equipment.docx TS17-6 Z E L ' —ENGINEERS- 1 SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT Anti-corrosion inhibitor blocks shall be mounted inside each LCP ' enclosure to reduce corrosion. Corrosion inhibitors shall be Hoffman Model A-HCI10E. Through the hinged interior panel the following indicating lights, readouts, and switches shall be provided: Control power indicator light ' HOA Switch for each pump Run/Stop indication light for the pump Alarm Silence Push Button Drive Reset Push Buttons Provide a Red Lion G3 series 10.4" HMJ panel for view of wetwell level, ' magmeter flow, pressure and pump run time. RTU-l: RTU-1 purpose is to control the open/close operation of the gate valve at STA 0+22 as described in the functional description periodic pressure cycle. ' The RTU will consist of a cellular modem, Wcb controllcd Relay Modicon M340 PLC, power supply and enclosure. (Addendum No. 1) ' Cellular modem shall be Sixnet SN-6801HSPA. Include with 4" portable hinged dual-band antenna Sixnet FANDK819SMAH3. Verify data carrier with Augusta Utilities Department prior to ordering. __ ._ _ . . 1'7 configurcd to acccpt a clocc the valvc. ' The PLC configured to accept an Ethernet connection from the Sixnet modem and be configured to open and close the valve. (Addendum No. 1) ' Power supply will be a PULS MiniLine with 120 VAC input and a 24VDC output. Enclosure shall be NEMA 4X Stainless Steel, hinged exterior door, easy open latches (no tools required) and padlocking provisions. Provide back panel for mounting all devices. FUNCTIONAL DESCRIPTIONS: Normal Operation: When water level reaches 161.00' the 20" valve (V1) and the 20"valve (V2) ' will open allowing the siphon line to operate. V1 and V2 will remain open until the wet well level reaches 152.00' and then both will close. A submersible pressure transmitter will be set at level 161.50' for backup to level transmitter to open valve. The submersible pressure transmitter will be set at 151.50' for backup to level transmitter to close valve. ' 0802-01R TS-17 Instrumentation and Control Equipment.docx TS17-7 Z E I- _ —ENGINEERS— i SECTION TS17 INSTRUMENTATION AND CONTROL EQUIPMENT , 20" Magmeter flow, pressure, and wet well level will be recorded and trended by SCADA. Periodic Pressure Cycle: Once a week when the water level is full, initiate aY ressure cycle. Turn P pump on at 70% speed, then initiate 8" valve (V3) to open. Adjust pump speed to maintain less than 30 PSI. Control the pump speed between 50% and 100%. If pressure exceeds 30 PSI at minimum pump speed close V3 and then turn off pump. If wet well level falls below 152.00' , close V3 and then turn off pump. A high level float will be set at level 161.50' for backup to level transmitter to open valve. A low level float will be set at 151.50' for backup to level transmitter to close valve. At the completion of the pressure cycle, return to normal mode. When the pump signal to run is given during the Periodic Pressure Cycle, the 20" hydraulic electric valve (V1) at STA 0+22 will be given a signal to close. When the pump is turned off at the end of the Periodic Pressure Cycle, V1 will return to normal operation. (Addendum No. 1) 8" Magmeter flow, pressure, pump run time, and wet well level will be recorded and trended by SCADA. Siphon Loss of Prime: If the wet well is full and the 20" hydraulic valve (V2) is open but no flow is detected on the 20" Magmeter, close the 20" hydraulic valve and run a periodic pressure cycle. The periodic pressure cycle should prime the line. Pumps: ' Station contains two pumps. Pumps shall be cycled to ensure even run times. Controls will only allow one pump to operate at a time. Channel Grander: Channel Grinder will operate 24 hours a day 7 days a week. Provide remote run indication and Fault signal to SCADA. ON/OFF controls will be local. TRAINING: The Instrument Integrator shall provide training for the plant operators and maintenance personnel. A minimum of 1 day should be included. PAYMENT: No separate payment will be made for any of the work covered by this section of the specifications. All costs in connection therewith shall be included in the lump sum Bid for the completed work. I 0802-01R TS-17 Instrumentation and Control Equipment.docx TS17-8 Z E L —ENGINEERS— 1 . SECTION TS19 GRASSING ISCOPE: I The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and materials and performing all operations • required to establish a satisfactory cover of grass within all unpaved areas disturbed by this construction. All work shall be performed in strict II accordance with this section of the specifications and the applicable drawings and subject to the terms and conditions of the Contract. GENERAL: I . The grassing operations shall consist of preparation of the soil, including tillage, liming and fertilizing, seeding, mulching, and watering, and II maintenance and repair of planted areas until a satisfactory grass cover is obtained and the work is finally accepted. MATERIALS II Seed: All seed shall be Hulled Bermuda grass seed tested and approved by the Georgia Department of Agriculture not more than 6 months prior to the date of sowing and packaged and labeled in accordance with the Georgia Seed .Laws and • Rules and Regulations in effect on the date of the Invitation for Bids. Seed which has become wet or moldy or otherwise damaged prior to the time of sowing will be rejected. • I Agricnxural Lime shall be a pulverized limestone having the following certified Chemical and physical properties: Total Carbonates, not less than 85% 1 Passing 10-mesh screen, at least 1001s Passing 100-mesh screen, at least 25% • Fertilizer: All fertilizer shall be a dry, free-flowing commercial 10-10-10 II fertilizer suitable for application by a fertilizer distributor, grain drill, planting machine or similar standard equipment. The fertilizer shall be certified to meet the requirements of fertilizer Laws of the State of Georgia in effect on the date of the Invitation for Bids. Any fertilizer which becomes IIcaked or otherwise damaged prior to the time of use will be rejected. Mulch: Any of the mulch materials, consisting of forest litter, hay, straw, I hulls of cotton balls or peanuts, ground corncobs, stalks of corn, cane, potato vines, tobacco or other stems, or peat, which are permitted under Standard Specifications of the state Highway Department of Georgia will be acceptable providing they are properly shredded or ground. Mulch materials which contain II seeds of species of weeds or plants which would germinate and be harmful to the proposed planting will not be accepted. Before collection of mulch material is begun or delivery is made, the Contractor shall submit samples for approval. Only approved mulch from approved sources will be accepted. IIWater for use in connection with the grassing operation may be purchased from Augusta Utilities Department, or obtained from any other approved source. Such II water shall be free of excess chlorine, or other chemicals or substances harmful to plant growth. II 0802-01R TS-19 Grassing TS19-1 Z E L —ENGINEERS— • • . .. i SECTION TS19 1 GRASSING .GROUND PREPARATION: • 1 Prior to preparing the ground for grassing operations, , all weeds, brush and • other vegetation in the areas to be planted which has not been removed during '1 clearing and grubbing and grading operations shall be removed from the site. All irregularities in the surface shall be smoothed out and all roots, stone • and other foreign material detrimental to tillage, planting' and proper growth and maintenance of the grass shall be removed. In all areas where the topsoil has been removed . during grading operations, the topsoil which has been stockpiled shall be returned and evenly distributed over these areas. Objectionable foreign materials contained in the topsoil shall also be removed ' as the topsoil is distributed. LIMINGANDFERTILIZING: After the areas to be seeded have been brought to finished grade, agricultural lime and fertilizer conforming to the requirements of this specification shall be uniformly distributed over the areas, lime at the rate of one ton per acre and fertilizer at the rate of 1000 pounds per acre. In areas where mechanical II cannot be used, the lime and fertilizer may be applied by hand methods. The lime and fertilizer shall not be applied when the wind makes it difficult to obtain satisfactory distribution. TILLAGE: The lime and fertilizer shall be thoroughly and: uniformly :isiixed. with the soil to a depth of approximately 3" by plowing, diseing and harrowing until the soil Al is friable and well pulverized. Hand tillage will be required in all areas where mechanical equipment cannot be operated. SEEDING: 1 Hulled Bermuda grass seed conforming to the requirements of this specification shall be uniformly sown by approved mechanical power drawn drills or seeders or, in small areas, by mechanical hand seeders, at the rate of 40 pounds per acre. The seeds shall be covered and compacted to a depth of 1/8 to 1/2 inch by means of a cultipacker and: an empty traffic roller or another roller weighing less than 3 tons. Broadcast seeding shall not be done when the wind 1 makes it difficult to get satisfactory distribution. The Bermuda grass seed shall not be planted prior to April 15 or after September 15. Seed shall not be sown unless the soil has the optimum moisture content or more through a depth of at least 3 inches. II WATERING: • After the seeds have been sown, the moisture content of the soil will be II tested. If there is not enough moisture in the soil to insure germination and adequate plant growth, water shall be applied by sprinkling until an adequate moisture content has been reached. In the absence of adequate rainfall during II the germination and early growth period, the Contractor will be required to maintain the required adequate moisture content of the soil by periodic sprinkling operations. 1 0802-01R TS-19 Grassing TS19-2 Z E L —ENGINEERS— II . I SECTION TS19 GRASSING IIMULCHING: Mulching of seeded areas will not be required but. may`:be employed at the option. I of the Contractor as an aid in reducing eroding, and conserving .soil moisture.. If employed, the 1=16h shall conform to the requirements of this specification. The rate of application of the mulch depends on the texture :of the mulch" The IIproper application will allow sortie sunlight to penetrate and air to circulate, at the same time shading the grad. If desired, immediately .after the mulch is spread, the material may be anchored to the soil by a cultipacker, disc harrow, or other suitable equipment. IESTABLISHMENT AND MAINTENANCE: II The Contractor is responsible for providing a satisfactory stand of living seeded grass in which gaps larger than 12 inches do not occur at the time of acceptance of the project. Any areas which fail to show a uniform stand for any reason whatsoever shall be reseeded with Hulled Bermuda seed, and such reseeding shall be repeated until acceptance by the Engineer. .The Contractor I shall properly water, mow and otherwise maintain all grassed areas and any damage resulting from erosion, washing or other causes, shall be repaired by fill topsoil, tamping, refertilizing and reseeding at no additional expense to IIthe Owner, if such damage occurs prior to acceptance of the project. GRASSING TO CONTROL EROSION: In the event completion of grading operations of areas to be planted extends I until the beyond the specified grassing periods, grassing must be pcsetpcned. following spring season.. The. Contractor willbe permitted tO seed such areas with. Rye grass: at his own expense, or by mulching shall control erosion of the II graded areas. All mowing and maintenance operations during .the fall and winter seasons Will be the obligation of the Contractor. Erosion must be controlled by acceptable methods to prevent damage to the Owner's property, to adjacent. property owners, and to limit migration of silt to the streams. IGRASSING TABLE I Permanent Cover: Fertilizer: 6-12-12; 800 lbs. per acre Agricultural Lime: 2 tons per acre I Mulch: 2-1/2 tons mulch hay per acre Hulled Common Bermuda 10 lbs./Ac. 11/1 - 1/31 and Browntop Millet 10 lbs./Ac. 4/15 - 9/15 ITemporary Cover: Fertilizer: 10-10-10; 500 lbs. per acre I Agricultural Lime: 1000 lbs. per acre Mulch: As Needed Rye Grass 15 lbs./Ac. 9/15 - 12/31 II 0803-01R Ts-i. craeeing TS19-3 Z E L 1 —ENGINEERS— ' _. SECTION TS19 • 1 GRASSING PAYMENT: I No separate payment will be made for the grassing and other work covered by this section of the specifications. All costs in connection therewith shall be included in the applicable lump sum or unit price item in the Bid for the completed work. • 1 • • 1 II 1 1 II 1 • 1 0802-01R TS-19 Grassing TS19-4 z E L —ENGINEERS- 1 • ISECTION TS27 FENCING II SCOPE: The work covered by thissection of the specifications consists of furnishing all plant, labor, equipment, and materials, andin performing all operations in connection with the construction of chain link fence, complete with all appurtenances, in strict accordance with this section of the specifications, the applicable drawings, and subject to the terms and conditions of the Contract. II MATERIALS: General: The fence shall have an overall height of 7' including the 3 I strands; of barbed wire on the top, arms vertical. The fence shall be the ' standard product of Cyclone; Fence Corp. , or American Chain & Cable,;, Anchor Post Products, or equal. Pipe, posts and braces shall be heavy galvanized. U Submittals: Within 30 days of Contract award, the Contractor shall furnish for approval six (6) copies of manufacturer's literature and cut sheets on all items to be furnished. Also, furnish six (6) copies of arrangement 1 drawings. Fabric shall be No. 9 gauge, 2" mesh, aluminum coated chain link fence fabric in conformance with ASTM A 491. • I Posts: Line posts shall be 2-1/2" O.D. @ 3.65 lbs/FT. Corner posts shall be • 3" O.D. @ 5.79 lbs/FT. Posts for the gate leafs shall be 4" sched. 40 @ 10.8 lbs/FT. 1 Topsail: A 1-5/8" O.D. @ 2.27 lbs/FT. toprail shall be provided for the • entire fence. • I Fabric Reinforcing Wire: All fabric reinforcing wire shall be provided along the bottom edge. it shall be not less than No. 7 gauge coiled spring • • wire. Ties or clips shall be provided for attaching reinforcing wires to I fabric at intervals of not more than 2 feet. Post Braces: Nominal 1-5/8" O.D. @ 2.27 lbs./FT. galvanized tubular post braces extending to each adjacent line post at mid-height of the fabric I shall be provided for each corner, pull and end post. A 3/8" diameter truss rod shall also be provided from the line post back to the corner, pull, or end post, with a turnbuckle or other equivalent provision for adjustment. I Stretcher bars 3/16 x 3/4 inch in size, with length 1" less than fabric height, shall be provided for stretching and securing the fabric at each end, corner and pull post, one for each end post and two for each corner and II pull post. Post Tops: All posts shall be provided with post tops which will fit over the outside of posts to exclude moisture and shall be combination tops with barbed wire supporting arms. Posthe top tops shall be provided with a hole Isuitable for the through passage of trail. Barbed wire supporting arms shall be vertical and shall be fitted with clips or other means for securing three lines of barbed wire, the top line I approximately 12" above the top of the fabric and the other lines spaced uniformly between the top line and the top of the , fabric. II 0802-C1R T$-27 Fencing T27-1 Z E I- _ —ENGINEERS— SECTION TS27, II FENCING Barbed wire shall consist of 2 strands of 12-1/2 gauge wire with 14 gauge 4 IIpoint barbs spaced approximately 5" apart. The wire shall be aluminum coated. The barbs may be aluminum coated or galvanized. Tries, Bands, ox Clips of adequate strength shall be provided in sufficient number for attaching the fabric to all line posts, corner; posts, top rails, stretcher bars or gate frames. Spacing fox :attachment of fabric to line posts, corner posts, or top rails shall not be more than 15" or 12" for attachment to gate frame or stretcher bars. Gates shall be swing-type complete with latches, stops, keepers and hinges, with 3 strands of barbed wire mounted on vertical arms above the fabric. Stretcher bars shall be provided for each gate to facilitate tight installation of the fabric in each gate frame. Frames for Gate _Leafs. shall have primary frame members of 4" O.D. @ 9.1 lbs/FT. for 16' and `3" O.D. for walk gates. Gates shall be trussed and braced in such a manner as to provide a rigid frame and ample strength to insure a gate free from sag and twist. The end members of each frame shall be extended approximately 12" above the top member and arranged for • attaching 3 uniformly spaced lines of barbed wire. H>Ages shall be of heavy pattern, of_ adequate strength for the gate, and With large bearing surfaces for clamping in position. The hinges shall not .. twist or turn under the action of the gate. The gates shall be capable of being opened and closed easily by one person. • Latches, stops and keepers shall be provided for all gates; the latches . shall be the plunger bar type arranged to engage the stops when closed and • the keepers when open:: Latches shall be arranged for locking by padlock. Center stops shall consist of a device arranged to be set in concrete and to engage the plunger of the latch bar of the double gate. Keepers shall consist of a mechanical device for securing the free end of the gate when in full open position, one being required for each gate leaf. Finish: All metallic units or items not otherwise specified shall be hot- `IIdip galvanized finish. INSTALLATION: II Setting: All posts shall be securely anchored . in concrete footings,. neatly crowned to shed water. Footings shall be poured in cored holes unless the soil will not permit coring, in which case alternate methods will I be permitted subject to prior approval by the Engineer. Footings for line posts shall be 10" diameter by 2' -9" deep; for corner and end post, footings shall be 16" diameter by 3'-6" deep; for the: gate posts, the footing shall be 20" diameter by 4' -6" deep. In all cases, the posts shall extend to IIwithin 3 inches. of the bottom of the footing. Posts shall be aligned and set to pertit fabric and top rail installation at a uniform grade approximating the general slope of the ground. Where necessary.; to prevent short length sags or dips in the top of the fence, post heights shall be II adjusted as directed by the Engineer. 0802-OIR TS-27 Fencing • T2 7-2 Z E L —ENGINEERS— il . • .0 -^r - ...y':. .nr ,. - ..... . - II .....SECTION TS27 FENCING IIPost Spacing: Each run of fence shall be set.. 'up so that a uniform spacing of posts will result. The spacing shall be approximately, but not more than 10 feet. Corner and gate posts shall be used, as pull posts and shall be installed to facilitate proper stretching of the fabric during its II installation. PAYMENT: 1 Payment for all items. covered by this section of the specifications shall be paid in accordance with the bid item list. No: other separate :payment will be made. for the Work. by this sectio -of the specifications and all costs in connection therewith shall be included in the ;appropriate lump sum Or Unit II price in the bid list'. Ail work not directly listed in the bid list shall be considered a subsidiary obligation of the Contractor. 1 1 I I 1 I II II 1 , 0802-01R TS-27 Fencing T27-3 Z E L —ENGINEERS— 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 G E -O R G.J_ rsA 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. 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 utilised,in addition to restraining glands,if specified on plans,when tying-into existing non-restrained AUD MEASUREMENT&PAYMENT 2017 1 OF 13 1 any failed materials tests will be the responsibility of the contractor. No additional payment 1 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. ITEM W-15-Polyethylene pipe wrap shall be measured in linear feet and shall include costs for pipe wrap materials and installation. Polyethylene pipe wrap shall be 8.0 mils in thickness.No additional payment shall be made for these items. ITEM W-16-Tie-ins to existing lines shall be measured individually(each)and shall include costs for cutting,removal of any needed existing pipe,concrete anchor block with stainless steel rods to the existing line,and abandoning the existing line. AUD will coordinate materials testing,and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ITEM W-17-Miscellaneous concrete shall be measured in cubic yards and shall include costs for 3,000 psi concrete,form work,installation,excavation, dewatering,soil stabilization,pipe stabilization,asphalt cutting,and normal backfill.AUD will coordinate AUD MEASUREMENT&PAYMENT REVISED 2017 3 OF 13 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 (A-Z)-Miscellaneous pipe fittings shall be measured individually(each) 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 and materials. Ductile Iron Pipe shall be Ceramic Epoxy Lined. 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 utilised, in addition to restraining glands,if specified on plans,when tying-into existing non- restrained onrestrained pipe,or when approved by AUD Construction Inspector,and will be paid for under pay Item M-2. ITEMS S-6(A-Z) -Pre-cast manholes shall be measured individually(each) and shall include costs for manholes,ring and cover as specified on the plans,risers,concrete collar, excavation,57 stone,dewatering,asphalt cutting,collars and boots,grouting and/or other connections,installation,normal backfill,and vacuum testing.Manhole vacuum testing ' shall include all costs for testing equipment,testing labor,mobilization,demobilization,and reporting. Manholes failing testing shall be re-tested at Contractor's expense. Repairs to failing manholes shall be made external to the manhole utilizing a method approved by the Augusta Utilities Department. AUD will coordinate materials testing,and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ' ITEMS S-7(A-Z)-Additional sanitary manhole depth line items shall be measured by vertical foot and shall include costs for excavation,dewatering,and backfill as specified by ' type and class.No additional payment shall be made for these items. 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 S-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. 1 AUD MEASUREMENT&PAYMENT REVISED 2017 5 OF 13 1 will be the responsibility of the contractor. No additional payment shall be made for these 1 items. ITEM S-16-Polyethylene pipe encasement shall be measured in linear feet and shall include costs for pipe wrap materials and installation. Polyethylene pipe wrap shall be.8.0 mils in thickness.No additional payment shall be made for these items. ITEM S-17-Cut and plug sewers shall be measured in cubic yards and shall include costs for cutting of existing pipelines,plugging of existing pipelines with flowable fill,excavation, dewatering,asphalt/concrete cutting,and normal backfill. AUD will coordinate materials testing,and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. ' ITEM S-18-Abandon manhole shall be measured individually(each)and shall include costs for removing the cone,filling the trough with flowable fill,and filling the remainder of the manhole with select fill or flowable fill,situation specific. No additional payment shall be made for these items. ITEM S-19-Adjust manhole to grade shall be measured individually(each) and shall include costs for adjusting the height of the riser,manhole ring and cover,remove and replacing the concrete collar. No additional payment shall be made for these items. ITEM S-20-Miscellaneous concrete shall be measured in cubic yards and shall include ' costs for 3,000 psi concrete,form work,installation,excavation,dewatering,soil stabilization,pipe stabilization,asphalt cutting,and normal backfill.AUD will coordinate materials testing,and be responsible for the cost of all passing tests. Costs associated with any failed materials tests will be the responsibility of the contractor. No additional payment shall be made for these items. t ITEM S-24-AC water main crossings shall be measured individually (each) and shall include costs for AC pipe cutting,excavation,ductile iron piping,sleeves,backfill,and property restoration.No additional payment shall be made for these items. ITEMS S-30 through S-32-Concrete boxes shall be measured as shown in bid schedule and shall include all items shown in bid schedule including costs for excavation, dewatering, collars and boots,grouting and/or other connections,installation,normal backfill,and labor,mobilization,demobilization,and reporting.No additional payment shall be made for these items. ' ITEM S-33-Concrete Wetwell shall be measured as shown in bid schedule and shall include all items shown in bid schedule including costs for excavation,dewatering,collars and boots,grouting and/or other connections,installation,normal backfill,and labor, mobilization,demobilization,and reporting.No additional payment shall be made for these items. ITEM S-34-Air Release Valve&Pre-cast manhole shall be measured individually (each) and shall include costs for manhole with frame and cover and valve,excavation, dewatering,asphalt cuffing,collars and boots,grouting and/or other connections, installation,normal backfill,and vacuum testing as specified.Manhole vacuum testing shall include all costs for testing equipment,testing labor,mobilization,demobilization,and AUD MEASUREMENT&PAYMENT REVISED 2017 7 OF 13 ' 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 P4-Milling shall be measured in square yards and shall include all materials,labor, equipment,and material removal and disposal costs. No additional payment shall be made for these items. ' ITEMS P-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. ITEM P-7-Asphalt driveway placement shallmeasured in square yarshall I include costs for existing asphaltreremoval and disbeposal,asphalt,tack coat,installationdsand ,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. AUD MEASUREMENT&PAYMENT REVISED 2017 9 OF 13 p 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 and/or Wall removal and replacement shall be measured in linear feet and shall include all costs associated with removal and replacement of the existing fence and/or wall 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. ITEMS M-8 (A-Z) -Concrete Pier and slab for Aerial Crossing shall be measured individually(each) and shall include Class A Concrete and straps including costs for excavation,labor,equipment,and concrete material placement. No additional payment 111shall be made for these items. ITEM M-9-Foundation backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M-10-Borrow Material shall be measured in square yards and shall include costs for 1 the backfill and installation as well as all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M-11-Rip-Rap shall be measured in cubic yards and shall include costs for the placement and installation as well as all transportation and stockpiling charges. No additional payment shall be made for these items. ITEM M-12-Aggregate base shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. Quantities shall be verified by trench volume calculation. No additional payment shall be made for these items. ITEM M-13-Fence shall be measured in linear feet and shall include all costs associated with the installations of fence with new materials. No additional payment shall be made for these items. ITEM M-14-Double Gate shall be measured individually(each) and shall include all costs associated with the installations of gate with new materials. No additional payment shall be made for these items. ITEM M-15-Bridge supports shall be measured as a lump sum item and shall include all costs associated with the installations of supports including labor and equipment,steel supports,straps and bolts. This item shall be paid lump sum and no additional payment shall be made for this item. ELECTRICAL AUD MEASUREMENT&PAYMENT REVISED 2017 11 OF 13 ' 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. UITEM 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 t 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 Owner. ITEM LS-8-Allowance for CSX Railroad Flagging and Inspection. Allowance to only be used at the approval of the engineer. Costs cannot 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-2 &S-4). Receipts for paid invoices will be provided with pay applications requesting reimbursement. Addendum No. 1 1111 1 1 AUD MEASUREMENT&PAYMENT REVISED 2017 13 OF 13 1 1 1 1 1 1 1 1 1 1 1 1 1 1