HomeMy WebLinkAboutAMMAR CONSTRUCTION FLEMING TENNIS CENTER EXPANSION PROJECT
FOR
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SPECIFICATIONS
And
CONTRACT DOCUMENTS
FLEMING TENNIS CENTER EXPANSION
PROJECT
Prepared for
AUGUSTA RECREATION AND PARKS DEPARTMENT
2027 LUMPKIN ROAD
POST OFFICE BOX 5605
AUGUSTA, GA 30916-5605
JOHNSON, LASCHOBER & ASSOCIATES, P.C.
o ENGINEERS 0 DESIGNERS 0 CONSULTANTS 0 LANDSCAPE ARCHITECTS
1296 Broad Street, Augusta, GA 30901
JUNE 2007 JLA No. L.\~. OlQO,?>
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
ION CO., INC.
Signature:
Name and
_..-,,,.0-'
......~
I
. ..
THE CINCINNATI INSURANCE COMPANY
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A312 (December 1984 Edition)
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shalf be considered plural where applicable.
CONTRACTOR (Name and Address):
Ammar Construction Co., Inc.
Post Office Box 1877
Evans, GA 30809
SURETY (Name and PrinEipal Place of Business):
THE CINCINNATI INSURANCE COMPANY
6200 S. GILMORE ROAD
CINCINNATI. OHIO 45014-5141
OWNER (Name and Address):
Augusta Recreation and Parks Department
Augusta, Georgia
CONSTRUCTION CONTRACT
Date: August 9 2007
Amount: $iS7 700.00
Description (Name and'location):
Fleming Tennis Center Expansion Project
BOND
Date (Not earlier than Construction Contract Date):
Amount: $1"17 700 00
Modifications to tfils'Bond:
August 9, 2007
~ None
o See Page 3
Tony Ammar, President
(Any additi al signatures appear on page 3)
I
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
MSI LLC other party):
,
Post Office Box 10106
Augusta, GA 30903-2706
Atty-in-Fact
S-2100-AlA-A312 (6/87) PERFORMANCE BOND
A312-1984 1
1 The Contractor and the Surety, jointly and severalfy,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shalf not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred bv the
Owner resulting from the Contractor's default; o~
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or In part and notltv the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided In Paragraph
4 with reasonable promptness, the Suretv shall be deemed
to be in default on this Bond fifteen days after recelpt,ot an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to entorce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner retuses the
payment tendered or the Surety has denied liability. In
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract. and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4..~ above.
then the responsibilities of the Surety to the Owner shall
not be greater than: those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract. the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default. and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two vears after the Contractor ceased
working or within two y~ars after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are vOid or
prohibited by law, the minimum period of limitation avail-
A312.1984 2
ACORDm CERTIFICATE OF LIABILITY INSURANCE
AMMARCO-01
ALRH
PRODUCER License # 115146
Meybohm Scarborough Insurance, LLC.
a22 Reynolds Street
P.O. Box 10106
~ugusta, GA 30903
INSURED Ammar Construction Co., Inc.
Post Office Box 1877
Evans, GA 30809
(706) 722-8338
DATE (MM/DDIYYYY)
8/8/2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A: Cincinnati Ins. CO
INSURER B: Builders Insurance Company
INSURER C:
INSURER 0:
INSURER E:
NAIC#
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~SR ~~~~ POLICY NUMBER PRHS~.~f.f~g~E POLICY EXPIRATION LIMITS
.TR 0
~NERAL LIABILITY EACH OCCURRENCE $ 2,000,00(
~ ~nMMERCIAL GENERAL LIABILITY CAP5877834 9/20/2006 9/20/2009 ~!:'M"~'=-~ Ylt:N I t:D $ 100,OO~
PREMISES Ea occurencel
CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ S,OO~
PERSONAL & ADV INJURY $ 2,OOO,OO~
~ 2,OOO,OO~
GENERAL AGGREGATE $
f-- 2,OOO,OO~
GEN'L AGG~ErYlE LIMIT APnS PER: PRODUCTS-COM~OPAGG $
~ POLICY X ~fR;: LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ SOO,OO(
~ X ANY AUTO CAP5877834 9/20/2006 9/20/2009 (Ea accident)
X ALL OWNED AUTOS BODILY INJURY
X (Per person) $
SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY
ry (Per accident) $
f-- NON-QWNED AUTOS
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
~.ANYAUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 3,OOO,OO~
l 1] OCCUR D CLAIMS MADE CAP5877834 9/20/2006 9/20/2009 AGGREGATE $ 3,00O,00~
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X T WC STATU-.I 10TH.
TORY LIMITS ER
: EMPLOYERS' LIABILITY 034-8704 10/9/2006 10/9/2007 E.L. EACH ACCIDENT $ 100,OOe
ANY PROPRIETOR/PARTNER/EXECUTIVE 100,OO(
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If ~es, describe under E.L. DISEASE - POLICY LIMIT $ 500,OOC
S ECIAL PROVISIONS below
OTHER
Rented/Leased Equipment CAP5877834 9/20/2006 9/20/2009 per item $50,001
,SCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
oject: Fleming Tennis Center Expansion Project
ERTIFICATE HOLDER
Augusta Recreation and Parks Department
Augusta, GA 30909-
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1.!L- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE <:: ~ _~$ _ .~ ~~-:::-:..-!::::. _~_
:ORD 25 (2001/081
,~.'.<."
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto. ' .
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signatu re:
Name and Title:
Address:
SURETY
Company: (Corporate Seal)
THE CINCINNATI INSURANCE COMPANY
Signatu re:
Name and Title:
Address:
A312-1984 3
,
(Any additional signatur ,s appear on page 6)
Atty-in-Fact
THE CINCINNATI INSURANCE COMPANY
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A312 (December 1984 Edition)
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Ammar Cons truc tion Co., Inc.
Post Office Box 1877
Evans, GA 30809
SURETY (Name and Principal Place of Business):
THE CINCINNATI INSURANCE COMPANY
6200 S. GILMORE ROAD
CINCINNATI. OHIO 45014-5141
OWNER (Name and Address):
Augusta Recreation and Parks Department
Augusta, Georgia
CONSTRUCTION CONTRACT
Date: August 9, 2007
Amount: $157700.00
Description (Name' and Location): Fleming Tennis Center Expansion Project
BOND
Date (Not earlier than Construction Contract Date):
Amount: $157 700.00
Modifications to thi~ Bond:
August 9, 2007
x;J None
o See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
AMMAR CONSTRU ON CO., INC.
Signature~ ~
Name and Title:
SURETY
Company:
THE CINCI
(Corporate Seal)
CE COMP~.!'IY
(FOR INFORMA nON ONL Y-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
MSI LLC other party):
,
Post Office Box 10106
Augusta, GA 30903-2706
706-722-8338
S-2150-AIA-A312 (6/87) PAYMENT BOND
A312-1984 4
,-"\
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for al! sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims
demands, liens or suits to the Contractor and th~
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof. to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof. to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under ~his Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
A312-1984 5
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Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company: (Corporate Seal)
THE CINCINNATI INSURANCE COMPANY
Signatu re:
Name and Title:
Address:
A312-1984 6
r"
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
Roy Scarborough, Jr.; Suzy M. Dekle; Alicia J. Rhoades and/or James C. Channell, Jr.
of Augusta, Georgia its true and lawful Attomey(s)-in-Fact to sign, execute, seal
and de1iver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undeltakings, or other like instruments, as follows:
Any such obligations in the United States, up to
Fifteen Million and No/lOO Dollars ($15,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which
resolution is ,till in effect:
"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attomeys-in-
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attomey-in-Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973.
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attomey granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate
seal, duly attested by its Senior Vice President this 1st day of August, 2004.
p~:CECOMPANY
S,rum V", Presid~
STATE OF OHIO ) ss:
COUNTY OF BUTLER )
On this 1st day of August, 2004, before me came the above-named Senior Vice President of THE CINCINNATI INSURANCE
COMPANY, to me personally known to be the officer desclibed herein, and acknowledged that the seal affixed to the preceding instrument is
the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument
by the authority and direction of said corporation.
""It.".",
~, Il.L '''''
~"... ... V. \ '" _6 ~"
,.:; ""~u~'\
~() ..~ ~
f~/.~.~ <'\
=*: i*='
i. i~. .01
~ fit
':~., 0+';
~","'~ of _..>~
','...............
I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above
is a true and correct copy of the Original Power of Attomey issued by said Company, and do hereby further certify that the said Power of
Attorney is still in full force and effect.
-,
.7UL
MARK J. H LLER, Attorney at law
NOTARY PUBLIC - STATE OF OHIO
My commission has no expiration
date. Section 147.03 O.R.C.
this
GIVEN under my hand and seal of said Company at Fairfield, Ohio.
9 day of August, 2007.
~~a (] ~~-P-~
0' --'Secretary
BJ\:-.1005
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CONTRACT DOCUMENTS
FOR
FLEMING TENNIS CENTER EXPANSION PROJECT
TABLE OF CONTENTS
Invitation to Bid
Bid Form
Instruction to Bidders
General Conditions
Supplementary General Conditions
Standard Form of Agreement
Notice of Award
Notice to Proceed
Application for Payment
INDEX TO SPECIFICATIONS
DIVISION
TITLE
DIVISION 1
GENERAL REQUIREMENTS
Summary of Work
Quality Control
Close-Out Procedures
01100
01400
01770
DIVISION 2
SITE CONSTRUCTION
Site Clearing
02230
02300
Earthwork
02741
Hot-Mix Asphalt Paving
02751
Cement Concrete Paving
02821
Chain-Link Fences and Gates
TOC-1
K:1420603\AdminISpecsIRebidIFronl-endICover & Index.doc
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CO.I
I CO.2
C1.1
I C2.1
C2.2
I C2.3
C3.1
I C4.1
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CONTRACT DOCUMENTS
FOR
FLEMING TENNIS CENTER EXPANSION PROJECT
INDEX TO DRAWINGS
DRAWING TITLE
Cover Sheet
Existing Conditions Plan
Demolition Plan
Layout Plan
Initial Perimeter Control E.S.P.C. Plan
Intermediate E.S.P.C. Plan for Grading and Drainage
Grading, Drainage and Final Phase E.S.P.C. Plan
Miscellaneous Notes and Details
Green Space Plan
TOC-2
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INSTRUCTIONS TO BIDDERS
1. Defined Terms
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions ofthe Construction Contract (No. 1910-8,1983 ed.) have the meanings assigned to
them in the General Conditions. The term "Bidder" means one who submits a Bid directly to
Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful
Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on
the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding
Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid
Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of
Bids).
2. Copies of Bidding Documents
2.1 Complete sets of the Bidding Documents stated in the Advertisement or Invitation to Bid
may be obtained from Owner.
2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor
Engineer assume any responsibility for errors or misinterpretations resulting from the use
of incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids on the Work and do not confer a
license or grant for any other use.
3. Qualifications of Bidders
3.1 The Contractor must have a current building contractor's license in the State of Georgia
and must have completed at least 3 similar proj ects in Georgia or South Carolina within
the last five (5) years. This information shall be available upon request.
3.2 The Contractor will be required to submit an anticipated construction schedule outlining
land disturbance and construction tasks and associated time frames to complete each
task. Schedule must show anticipated beginning and substantial completion dates.
4. Examination of Contract Documents and Site
4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to become familiar with local
conditions that may affect cost, progress performance or furnishing of the Work, (c)
consider federal, state and local Laws and Regulations that may affect cost, progress,
performance or furnishing of the Work, (d) study and carefully correlate Bidder's
observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors
or discrepancies in the Contract Documents.
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4.2 Information and data reflected in the Contract Documents with respect to Underground
Facilities at or contiguous to the site is based upon information and data furnished to
Owner and Engineer by owners of such Underground Facilities or others, and Owner
does not assume responsibility for the accuracy or completeness thereof unless it is
expressly provided otherwise in the Supplementary Conditions.
4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders on subsurface conditions, Underground Facilities and other physical conditions,
and possible changes in the Contract Documents due to differing conditions appear in
Paragraphs 4.2 and 4.3 of the General Conditions.
4.4 Before submitting a Bid each Bidder will be responsible to make or obtain such
explorations, tests and data concerning physical conditions (surface, subsurface and
Underground Facilities) at or contiguous to the site, or otherwise which may affect cost,
progress, performance or furnishing ofthe Work and which Bidder deems necessary to
determine its Bid for performing and furnishing the Work in accordance with the time,
price and other terms and conditions of the Contract Documents.
4.5 On request in advance, Owner will provide each Bidder access to the site to conduct
such explorations and tests as each Bidder deems necessary for submission of a Bid.
Bidder shall fill all holes, clean up and restore the site to its former condition upon
completion of such explorations.
4.6 The lands upon which the Work is to be performed, rights-of-way and easements for
access thereto and other lands designated for use by Contractor in performing the Work
are identified in the Contract Documents. Easements are to be obtained and paid for by
the Owner.
4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 4, that without exception the
Bid is premised upon performing and furnishing the Work required by the Contract
Documents and such means, methods, techniques, sequences or procedures of
construction as may be indicated in or required by the Contract Documents, and that the
Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing the Work.
5.
Interpretations and Addenda
5.1 All questions about the meaning or intent of the Contract Documents are to be directed
to Engineer. Interpretations or clarifications considered necessary by Engineer in
response to such questions will be issued by Addenda mailed or delivered to all parties
recorded by Engineer as having received the Bidding Documents. Questions received
less than ten (10) days prior to the date for opening of Bids may not be answered. Only
questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
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5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
Owner or Engineer.
6. Bid Security
6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of
ten percent of the Bidder's maximum Bid price and in the form of a bid bond, certified
check or cash meeting the requirements of Paragraph 5.1 of the General Conditions.
6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required contract security, whereupon the Bid security
will be returned. If the Successful Bidder fails to execute and deliver the Agreement and
furnish the required contract security within ten (10) days after the Notice of Award,
Owner may annul the Notice of Award and the Bid security of that Bidder will be
forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable
chance of receiving the award may be retained by Owner until the earlier of the seventh
(7th) day after the Effective Date ofthe Agreement or the thirtieth (30) day after the Bid
opening, whereupon Bid security furnished by such Bidders will be returned. Bid
security with Bids which are not competitive will be returned within seven (7) days after
the Bid opening.
7. Contract Time
The numbers of days within which, or the dates by which, the Work is to be substantially
completed and also completed and ready for final payment (the Contract Time) are set forth in
the Bid Form and the Agreement.
8. Substitute or "Or Equal" Items
The materials and equipment described in the Bidding Documents establish a standard of
required function, dimension, appearance and quality to be met by any proposed substitution.
No substitution will be considered unless written request for approval has been submitted by
the Bidder and has been received by Engineer at least ten (10) days prior to the date for receipt
of Bids. Each such request shall include the name ofthe material or equipment for which it is
to be substituted and a complete description of the proposed substitute including drawings,
cuts, performance and test data and any other information necessary for an evaluation. A
statement setting forth any changes in other materials, equipment ofW ork that incorporation of
the substitute would require shall be included. The burden of proof of the merit of the
proposed substitute is upon the Bidder. The Engineer's decision of approval or disapproval of
a proposed substitution shall be final. If Engineer approves any proposed substitution, such
approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not
rely upon approvals made in any other manner.
IB-3
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9. Bid Form
9.1 The Bid Form is included with the Bidding Documents; additional copies may be
obtained from Engineer (or the issuing office).
9.2 All blanks on the Bid Form must be completed in ink or by typewriter.
9.3 Bids by corporations must be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and
the corporate seal must be affixed and attested by the secretary or an assistant secretary.
The corporate address and state of incorporation must be shown below the signature.
9.4 Bids by partnerships must be executed in the partnership name and signed by a partner,
whose title must appear under the signature and the official address of the partnership
must be shown below the signature.
9.5 All names must be typed or printed below the signature.
9.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of
which must be filled in on the Bid Form).
9.7 The address and telephone number for communications regarding the Bid must be shown.
10. Submission of Bids
Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to
Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if
applicable, the designated portion of the Project for which the Bid is submitted) and name and
address of the Bidder and accompanied by the Bid security and other required documents. If
the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed
in a separate envelope with the notation "SEALED BID" on the face of it.
11. Modification and Withdrawal of Bids
11.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered to the place where Bids are to be
submitted at any time prior to the opening of Bids.
11.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed
and notarized written notice with Owner and promptly thereafter demonstrates to the
reasonable satisfaction of Owner that there was a material and substantial mistake in the
preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be
returned. Thereafter, that Bidder will be disqualified from further bidding on the Work
to be provided under the Contract Documents.
12. Opening of Bids
18-4
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Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of
the amounts ofthe base Bids and major alternates (if any) will be made available to Bidders
after the opening of Bids.
13. Bids to Remain Subject to Acceptance
All bids will remain subject to acceptance for thirty (30) days after the day ofthe Bid opening,
but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that
date.
14. Award of Contract
14.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not
involving price, time or changes in the Work and to negotiate contract terms with the
Successful Bidder, and the right to disregard all nonconforming, non-responsive,
unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any
Bidder if Owner believes that it would not be in the best interest ofthe Project to make
an award to that Bidder, whether because the Bid is not responsible or the Bidder is
unqualified or of doubtful financial ability or fails to meet any other pertinent standard or
criteria established by Owner. Discrepancies in the multiplication of units ofW ork and
unit prices will be resolved in favor of the unit prices. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved in
favor of the correct sum.
14.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not
the Bids comply with the prescribed requirements, and such alternates, unit prices and
other data, as may be requested in the Bid Form or prior to the Notice of Award.
14.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which the
identity of Subcontractors, Suppliers, and other persons and organizations must be
submitted as provided in the Supplementary Conditions. Owner also may consider the
operating costs, maintenance requirements, performance data and guarantees of major
items of materials and equipment proposed for incorporation in the Work when such
data is required to be submitted prior to the Notice of Award.
14.4 Owner may conduct such investigations as Owner deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications and financial
ability of Bidders, proposed Subcontractors, Suppliers and other persons and
organizations to perform and furnish the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed time.
14.5 Ifthe contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation
by Owner indicates to Owner that the award will be in the best interests of the Project.
14.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of
Award within thirty (30) days after the day of the Bid opening.
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15. Signing of Agreement
When owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the
required number of unsigned counterparts of the Agreement with all other written Contract
Documents attached. Within fifteen (15) days thereafter Contractor shall sign and deliver the
required number of counterparts ofthe Agreement and attached documents to Owner. Within
ten (10) days thereafter Owner shall deliver one (1) fully signed counterpart to Contractor.
Each counterpart is to be accompanied by a complete set of the drawings with appropriate
identification.
18-6
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GENERAL CONDITIONS
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ARTICLE I--DEFINITIONS
I
Wherever used in these General Conditions or in the other
~o~tract Do~uments the following terms have the meanings
mdicated whlch are applicable to both the singular and plural
thereof:
Addenda-- Written or graphic instruments issued prior to the
opening of Bids which clarify, correct or change the bidding
documents or the Contract Documents.
I Agreement-- The written agreement between OWNER and
CONTRACTOR covering the Work to be performed; other
Contract Documents are attached to the Agreement and
I made a part thereof as provided therein.
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Applicationfor Payment-- The form accepted by ENGINEER
which is to. be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting documentation as is required by the Contract
Documents.
I Bid-- The offer or proposal of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
I performed.
Bonds-- Bid, performance and payment bonds and other
I instruments of security.
Change Order--A document recommended by ENGINEER
I which is signed by CONTRACTOR and OWNER and autho~
rizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Time
issued on or after the Effective Date of the Agreement. '
I
Contract Documents-- The Agreement, Addenda (which per-
tain to the Contract Documents), CONTRACTOR's Bid
I (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,
I these General Conditions, the Supplementary Conditions,
the Specifications and the Drawings as the same are more
specifically identified in the Agreement, together with all
I amendments, modifications and supplements issued pursuant
to paragraphs 3.4 and 3.5 on or after the Effective Date of
the Agreement.
I Contract Price--The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.9.1 in
I the case of Unit Price Work).
I
Contract Time-- The number of days (computed as provided in
paragraph 17.2) or the date stated in the Agreement for the
completion of the Work.
CONTRACTOR-- The person, firm or corporation with whom
OWNER has entered into the Agreement.
Defective--An adjective which when modifying the word Work
refers to Work that is unsatisfactory, faulty or deficient, or
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 ENGINEER's recommendatio~ of
final payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.x 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 ENGINEER 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 and delivered by the last of the two parties to sign and
deliver.
ENGINEER-- The person, firm or corporation named as such
in the Agreement.
Field Order--A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but which does not involve a change in the Contract
Price or the Contract Time.
General Requirements--Sections of Division I of the Speci-
fications .
Laws and Regulations; 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 ENGINEER) 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.
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I. Commencement of Contract Time; Notice to Proceed:
2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
I if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement. In no event will the Contract Time commence
I to run later than the seventy-fifth day after the day of Bid
opening or the thirtieth day after the Effective Date of the
Agreement, whichever date is earlier.
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ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be
required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of
reproduction.
Starting the Project:
2.4. CONTRACTOR shall start to perform the Work on
the date when the Contract Time commences to run, but
no Work shall be done at the site prior to the date on
which the Contract Time commences to run.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CON-
TRACTOR 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 ENGINEER any conflict, error or discrepancy
which CONTRACTOR may discover and shall obtain a
written interpretation or clarification from ENGINEER
before proceeding with any Work affected thereby;
however, CONTRACTOR shall not be liable to OWNER
or ENGINEER for failure to report any conflict, error or
discrepancy in the Contract Documents, unless
CONTRACTOR had actual knowledge thereof or should
reasonably 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
ENGINEER 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 sub-
missions; 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 CONfRACTOR
at the time of submission.
2.7. Before any Work at the site is started, CONfRAC-
TOR shall deliver to OWNER, with a copy to
ENGINEER, certificates (and other evidence of insurance
requested by OWNER) which CONTRACTOR is
required to purchase and maintain in accordance with
paragraphs 5.3 and 5.4, and OWNER shall deliver to
CONTRACTOR certificates (and other evidence of
insurance requested by CONlRACTOR) which OWNER
is required to purchase and maintain in accordance with
paragraphs 5.6 and 5.7.
Preconstruction Conference:
2.8. Within twenty days after the Effective Date of the
Agreement, but before CONTRACTOR starts the Work
at the site, a conference attended by CONTRACTOR,
ENGINEER and others as appropriate will be held to
discuss the schedules referred to in paragraph 2.6, to
discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment,
and to establish a working understanding among the
parties as to the Work.
Finalizing Schedules:
2.9. At least ten days before submission of the first
Application for Payment a conference attended by
CONTRACTOR, ENGINEER and others as appropriate
will be held to finalize the schedules submitted in
accordance with paragraph 2.6. The finalized progress
schedule will be acceptable to ENGINEER as providing
an orderly progression of the Work to completion within
the Contract Time, but such acceptance will neither
impose on ENGINEER responsibility for the progress or
scheduling of the Work nor relieve CONfRACTOR from
full responsibility there for. The finalized schedule of Shop
Drawing submissions will be acceptable to ENGINEER as
providing a workable arrangement for processing the
3
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ENGINEER and specific written verification or
adaptation by ENGINEER.
ARTICLE 4--A V AILABILITY 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 per-
formed, rights-of-way and easements for access thereto,
and such other lands which are designated for the use of
CONTRACTOR. Easements for permanent structures or
permanent changes in existing facilities will be obtained
and paid for by OWNER, unless otherwise provided in the
Contract Documents. If CONTRACTOR believes that
any delay in OWNER's furnishing these lands,
rights-of-way or easements entitles CONlRACTOR to an
extension of the Contract Time, CONTRACTOR may
make a claim there for as provided in Article 12.
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 the site that have been utilized by
ENGINEER in preparation of the Contract
Documents. CONTRACTOR may rely upon the
accuracy of the technical data contained in such
reports, but not upon nontechnical data, interpreta-
tions or opinions contained therein or for the
completeness thereoffor CONTRACTOR's purposes.
Except as indicated in the immediately preceding
sentence and in paragraph 4.2.6, CONlRACTOR shall
have full responsibility with respect to subsurface
conditions at the site.
4.2.2. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents.
CONTRACTOR may rely upon the accuracy of the
technical data contained in such drawings, but not for
the completeness thereof for CONTRACTOR's
purposes. Except as indicated in the immediately
preceding sentence and in paragraph 4.2.6,
CONTRACTOR shall have full responsibility with
respect to physical conditions in or relating to such
structures.
4.2.3. Report of Differing Conditions: If CONTRAC-
TOR believes that:
4.2.3.1. any technical data on which
CONTRACTOR is entitled to rely as provided in
paragraphs 4.2.1 and 4.2.2 is inaccurate, or
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated, reflected or referred to in the Contract Docu-
ments,
CONTRACTOR shall, promptly after becoming aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.22), notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
4.2.4. ENGlNEER's Review: ENGINEER will
promptly review the pertinent conditions, determine
the necessity of obtaining additional explorations or
tests with respect thereto and advise OWNER in
writing (with a copy to CONTRACTOR) of
ENGINEER's findings and conclusions.
4.2.5. Possible Document Change: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required,
a Work Directive Change or a Change Order will be
issued as provided in Article 10 to reflect and
document the consequences of the inaccuracy or
difference.
4.2.6. Possible Price and Time Adjustments: In each
such case, an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time, or
any combination thereof, will be allowable to the extent
that they are attributable to any such inaccuracy or
difference. If OWNER and CONTRACTOR are
unable to agree as to the amount or length thereof, a
claim may be made there for as provided in Articles 11
and 12.
5
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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:
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5.3.1. Claims under workers' orworkmen'scompen-
sation, disability benefits and other similar employee
benefit acts;
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5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
I
5.3.3. Claims for damages because of bodilyinjury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
I
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 CONlRACTOR, or
(b) by any other person for any other reason;
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5.3.5. Claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use
resulting therefrom;
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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.
I
The insurance required by this paragraph 5.3 shall include
I the specific coverages and be written for not less than the
limits of liability and coverages provided in the
Supplementary Conditions, or required by law, whichever
I is greater. The comprehensive general liability insurance
I
shall include completed operations insurance. All of the
policies of insurance so required to be purchased and
maintained (or the certificates or other evidence thereof)
shall contain a provision or endorsement that the coverage
afforded will not be cancelled, materially changed or
renewal refused until at least
thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance
shall remain in effect until final payment and at all times
there aft when CONTRACTOR may be correcting,
removing or replacing defective Work in accordance with
paragraph 13.12. In addition, CONTRACTOR shall
maintain such complete operations insurance for at least
two years after final pay me q and furnish OWNER with
evidence of continuation of such
insurance at final payment and one year thereafter.
Contractual Lability Insurance:
5.4. The comprehensive general liability insurance
required by paragraph 5.3 will include contractual liability
insurance applicable to CONTRACTOR' s obligations
under paragraphs 6.30 and 6.31.
Owner's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option, may purchase and maintain such
insurance as will protect OWNER against claims which
may arise from operations under the Contract
Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain
property insurance upon the Work at the site to the full
insurable value thereof (subject to such deductible
amounts as may be provided in the Supplementary
Conditions or required by Laws and Regulations). This
insurance shall include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER and
ENGINEER's consultants in the Work, all of whom shall
be listed as insureds or additional insured parties, shall
insure against the perils of fire and extended coverage and
shall include "all risk" insurance for physical loss and
damage including theft, vandalism and malicious mischief,
collapse and water damage, and such other perils as may
be provided in the Supplementary Conditions, and shall
include damages, losses and expenses arising out of or
resulting from any insured loss or incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers, architects,
attorneys and other professionals). If not covered under
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Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage
afforded by or other provisions of the insurance required
to be purchased and maintained by CONTRACTOR in
accordance with paragraphs 5.3 and 5.4 on the basis of its
not complying with the Contract Documents, OWNER shall
notify CONTRACTOR in writing thereof within ten days of
the date of delivery of such certificates to OWNER in
accordance with paragraph 2.7. If CONTRACTOR has any
objection to the coverage afforded by orother 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.
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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
I 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 necessitated thereby. The insurers providing the
I property insurance shall consent by endorsement on the
policy or policies, but the property insuranceshall not be
cancelled or lapse on account of any such partial use or
I occupancy..
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I ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
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Supervision and Superintendence:
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
I shall not be responsible for the negligence of others in the
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design or selection of a specific means, method, technique,
sequence or procedure of construction which is indicated
in and 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 ENGINEER 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 given 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 layout 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 overtime
work or the performance of Work on Saturday, Sunday or
any legal holiday without OWNER's written consent given
after prior written notice to ENGl:NEER.
6.4. Unless otherwise specified in the General Require-
ments, 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 necessary for the furnishing,
performance, testing, start-up and completion of the
Work.
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. If required by ENGINEER,
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
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whether initially or as a substitute, against whom
OWNER or ENGINEER may have reasonable
objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work
against whom CONTRACTOR has reasonable
. objection.
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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 in advance of the specified
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER and if
CONTRACTOR has submitted a list thereof in
accordance with the Supplementary Conditions,
OWNER's or ENGINEER'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 CON1RACTOR shall submit an acceptable
substitute, the Contract Price will be increased by the
difference in the cost occasioned by such substitution
and an appropriate Change Order will be issued or
Written Amendment signed. No acceptance by
OWNER or ENGINEER of any such Subcontractor,
Supplier or other person or organization shall
constitute a waiver of any right of OWNER or ENGI-
NEER to reject defective Work.
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I 6.9. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of
the Subcontractors, Suppliers and other persons and
I organizations performing or furnishing any of the Work
under a direct or indirect contract with CONTRACTOR
just as CONTRAcrOR is responsible for
I CONTRACTOR's own acts and omissions. Nothing in the
Contract Documents shall create any contractual
relationship between OWNER or ENGINEER and any
such Subcontractor, Supplier or other person or
I organization, nor shall it create any obligation on the part
of OWNER or ENGINEER to payor to see to the
payment of any moneys due any such Subcontractor,
I Supplier or other person or organization except as may
otherwise be required by Laws and Reguhtions.
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6.10. The divisions and sections of the Specifications
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and the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a
Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the
Subcontractor which officially binds the Subcontractor to
the applicable terms and conditions of the Contract
Documents for the benefit of OWNER and ENGINEER
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 copyrightsheld by
others. If a particular invention, design, process, product
or device is specified in the Contract Documents for use in
the performance of the Work and if to the actual
knowledge of OWNER or ENGINEER its use is subject
to patent rights or copyrights calling for the payment of
any license fee or royalty to others, the existence of such
rights shall be disclosed by OWNER in the Contract
Documents. CONTRACTOR shall indemnify and hold
harmless OWNER and ENGINEER 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 of 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. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or if there are no Bids on the
Effective Date of the Agreement. CONTRACTOR shall
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6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby;
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6.20.2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site; and
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6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, road-
ways, structures, utilities and Underground Facilities
not designated for removal, relocation or replacement
in the course of construction.
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CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
the safety of persons or property orto 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
I 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
I loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
anyone employed by either of them or anyone for whose
acts either of them may be liable, and not attributable,
I directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR). CONTRACTOR's duties
and responsibilities for the safety and protection of the
I Work shall continue until such time as all the Work is
completed and ENGINEER has issued a notice to
OWNER and CONTRACTOR in accordance with
I paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with Substan-
tial Completion).
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6.21. CONTRACTOR shall designate a responsible
representative at the site whose duty shall be the
prevention of accidents. This person shall be
CONTRACTOR's superintendent unless otherwise
designated in writing by CONTRACTOR to OWNER.
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Emergencies:
6.22. In emergencies affecting the safety or protection
of persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from ENGINEER or OWNER, is obligated
to act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken in response to an
emergency, a Work Directive Change or Change Order
will be issued to document the consequences of the
changes or variations .
Shop Drawings and Samples:
6.23. After checking and verifying all field
measurements and after complying with applicable
procedures specified in the General Requirements,
CONTRACTOR shall submit to ENGINEER for review
and approval in accordance with the accepted schedule of
Shop Drawing submissions (see paragraph 2.9), or for
other appropriate action if so indicated in the
Supplementary Conditions, five copies (unless otherwise
specified in the General Requirements) of all Shop
Drawings, which will bear a stamp or specific written
indication that CONTRACTOR has satisfied
CONTRACTOR's responsibilities under the Contract
Documents with respect to the review of the submission.
All submissions will be identified as ENGINEER may
require. The data shown on the Shop Drawings will be
complete with respect to quantities, dimensions, specified
performance and design criteria, materials and similar
data to enable ENGINEER to review the information as
required.
6.24. CONTRACTOR shall also submit to
ENGINEER for review and approval with such
promptness as to cause no delay in Work, all samples
required by the Contract Documents. All samples will
have been checked by and accompanied by a specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's responsibilities under the Contract
Documents with respect to the review of the submission
and will be identified clearly as to material, Supplier,
pertinent data such as catalog numbers and the use for
which intended.
6.25.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and
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. compensation acts, disability benefit acts or other
employee benefit acts.
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6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants, agents or employees arising out
of the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or
specifications.
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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 utility owners or let other direct
contracts there for 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 CON1RACTOR or requires
additional time and the parties are unable to agree as to
the extent thereof, CONTRACTOR may make a claim
there for as provided in Articles 11 and 12.
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I 7.2. CONTRACTOR shall afford each utility owner
and other contractor who is a party to such a direct
contract (or OWNER, if OWNER is performing the
I 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
I coordinate the Work with theirs. CONTRACTOR shall
do all cutting, fitting and patching of the Work that may be
I required to make its several parts come together properly
and integrate with such other work. CON1RACTOR shall
not endanger any work of others by cutting, excavating or
otherwise altering their work and will only cut or alter
I their work with the written consent of ENGINEER and
the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph
I 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
I direct contracts between OWNER and such utility owners
and other contractors.
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7.3. If any part of CONTRACTOR's Work depends
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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
ENGINEER 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 non apparent
defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the perfor-
mance 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
con
tractors 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 ENGINEER shall have any
authority or responsibility in respect of such coordination.
ARTICLE 8--0WNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer against
whom CONTRACTOR makes no reasonable objection,
whose status under the Contract Documents shall be that
of the former ENGINEER. 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
ENGINEER in preparing the Drawings and
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through 6.29 inclusive.
9.8. In connection with ENGINEER's responsibilities
as to Change Orders, see Articles 10, 11 and 12.
9.9. In connection with ENGINEER's responsibilities
in respect of Applications for Payment, etc., see Article 14.
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Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with
CONTRACTOR ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
for Payment or otherwise). ENGINEER's written
decisions thereon will be final and binding upon OWNER
and CONTRACTOR, unless, within ten days after the
date of any such decision, either OWNER or CON-
TRACTOR delivers to the other party to the Agreement
and
to ENGINEER written notice of intention to appeal from
such a decision.
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Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes
and other matters relating to the acceptability of the Work
or the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing
of the Work and claims under Articles 11 and 12 in
respect of changes in the Contract Price or Contract Time
will be referred initially to ENGINEER in writing with a
request for a formal decision in accordance with this
paragraph, which ENGINEER will render in writing
within a reasonable time. Written notice of each such
claim, dispute and other matter will be delivered by the
claimant to ENGINEER 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
ENGINEER and the other party within sixty days after
such occurrence unless ENGINEER allows an additional
period of time to ascertain more accurate data in support
of the claim.
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I 9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be
I liable in connection with any interpretation or decision
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rendered in good faith in such capacity. The rendering of a
decision by ENGINEER pursuant to paragraphs 9.10 and
9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in paragraph
14.16) will be a condition precedent to any exercise by
OWNER or CONTRACTOR of such rights or remedies
as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter.
Limitations on ENGiNEER's Responsibilities:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith either to
exercise or not exercise such authority shall give rise to any
duty or responsibility of ENGINEER to CONTRACTOR.
any Subcontractor, any Supplier, or any other person or
organization performing any of the Work, or to any surety
for any of them.
9.14. Whenever in the Contract Documents the terms
"as ordered", "as directed". "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives ' 'reasonable' " "suitable' " I 'acceptable", ,
'proper" or "satisfactory" or adjectives of like effect or
import are used to describe a requirement, direction,
review or judgment of ENGINEER as to the Work, it is
intended that such requirement, direction, review or
judgment will be solely to evaluate the Work for
compliance with the Contract Documents (unless there is
a specific statement indicating otherwise). The use of any
such term or adjective shall not be effective to assign to
ENGINEER 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 9.15 or 9.16.
9.15. ENGINEER will not be responsible for CON-
TRACTOR's means, methods, techniques, sequences or
procedures of construction, or the safety precautions and
programs incident thereto, and ENGINEER will not be
responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract
Documents.
9.16. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontractor,
any Supplier, or of any other person or organization
performing or furnishing any of the Work.
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application of unit prices to the quantities of the items
involved ( subj ectto the provisions of paragraphs 11. 9 .1.
through 11.9.3, inclusive).
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11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2.1).
11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
Cost of the Work:
11.4. The term Cost ofthe 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.
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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 sh<,lll accrue to
CONTRACTOR unless OWNER deposits funds with
CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER.
All trade discounts, rebates and refunds and all returns
from sale of surplus materials and equipment shall
19
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 will then determine, with the advice of
ENGINEER, 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 Costofthe Work shall be determined
in the same manner as CONTRACfOR'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
CONTRACTOR's employees incurred in discharge
of duties connected with the Work.
11.4.5.2. Cost, including transportation and
maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary
facilities at the site and hand tools not owned by the
workers, 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 ENGINEER, 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.
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I 11.7. Whenever the cost of any Work is to be
determined pursuant to paragraph 11.4 or 11.5,
I CONTRACTOR will submit in form acceptable to
ENGINEER an itemized cost breakdown together with
supporting data.
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11.6.2. a fee based on the following percentages of
the various portions of the Cost of the Wak:
11.6.2.1. for costs incurred under paragraphs
11.4.1 and 11.4.2, the CONTRACTOR's Fee shall
be fifteen percent;
11.6.2.2. for costs incurred under paragraph
11.4.3, the CONTRACTOR's Fee shall be five
percent; and if a subcontract is on the basis of Cost
of the Work Plus aFee, the maximum allowable to
CONTRACTOR on account of overhead and profit
of all Subcontractors shall be fifteen percent;
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs 11.4.4, 11.4.5 and
11.5:
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 CONTRAcrOR's Fee by an amount equal to ten
percent of the net decrease: and
11.6.2.5. when both additions and credits are
involved in anyone 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.
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 ENGINEER. CONTRACTOR
agrees that:
11.8.1. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to
be delivered at the site, and all applicable taxes: and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances. No demand for additional
payment on account of any thereof will be valid.
Prior to final payment, an appropriate Change Order will
be issued as recommended by ENGINEER 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 ENGINEER in
accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONIRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
11.9.3. Where the quantity of any item of Unit Price
Work performed by CONIRACTOR differs materially
and significantly from the estimated quantity of such
item indicated in the Agreement and there is no
corresponding adjustment with respect to any other
item of Work and if CONTRACTOR believes that
CONTRACTOR has incurred additional expense as a
result thereof, CONTRACTOR may make a claim for
an increase in the Contract Price in accordance with
Article 11 if the parties are unable to agree as to the
amount of any such increase.
ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a
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Documents.
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Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's observation
and replaced at CONTRACTOR's expense.
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13.9. If ENGINEER considers it necessary or
advisable that covered Work be observed by ENGINEER
or inspected or tested by others, CONTRACTOR, at
ENGINEER's request, shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGINEER 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, indirect and
consequential costs of such uncovering, exposure,
observation, inspection and testing and of satisfactory
reconstruction, (including but not limited to fees and
charges of engineers, 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, may
make a claim there for 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
I thereof, CONTRACTOR may make a claim there for as
provided in Articles 11 and 12.
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Owner May Stop the Work:
I 13.10. If the Work is defective, or CONTRACTOR
fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to furnish or perform the
I Work in such a way that the completed Work will conform
to the Contract Documents, OWNER may order
CONTRACTOR to stop the Work, or any portion
I thereof, 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
I OWNER to exercise this right for the benefit of
CONTRACTOR or any other party.
I Correction or Removal of Defective Work:
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I Application for Progress Payment:
14.2. At least twenty days before each progress
payment is scheduled (but not more often than once a
month), CON1RACTOR shall submit to ENGINEER for
I 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
I 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
I but delivered and suitably stored at the site orat another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
I documentation warranting that OWNER has received the
materials and equipment free and clear of all liens,
charges, security interests and encumbrances (which are
I hereinafter in these General Conditions referred to as
"Liens") and evidence that the materials and equipment
are covered by appropriate property insurance and other
I arrangements to protect OWNER's interest therein, all of
which will be satisfactory to OWNER. The amount of
retain age with respect to progress payments will be as
I stipulated in the Agreement.
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Work attributable to the exercise by OWNER of
OWNER's rights and remedies hereunder.
ARTICLE 14--PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER. Progress payments
on account of Unit Price Work will be based on the
number of units completed.
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. ENGINEER will, within ten 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 wntmg ENGINEER's
reasons for refusing to recommend payment. In the latter
case, CONTRACTOR may make the necessary
corrections and resubmit the Application. Ten days after
presentation of the Application for Payment with
ENGINEER's recommendation, the amount rec-
ommended will (subject to the provisions of the last
sentence of paragraph 14.7) become due and when due
will be paid by OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on-site observations of the Work in
progress as an experienced and qualified design
professional and on ENGINEER'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 ENGINEER's knowledge,
information and belief, the quality of the Work is in
accordance with the Contract Documents (subject to an
evaluation of the Work as a functioning whole prior to or
upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents, to
a final determination of quantities and classifications for
Unit Price Work under paragraph 9.10, and to any other
qualifications stated in the recommendation); and that
CONTRACTOR is entitled to payment of the amount
recommended. However, by recommending any such
payment ENGINEER will not thereby be deemed to have
represented that exhaustive or continuous on-site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or that there may not be other matters or
issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of final payment
will constitute an additional representation by
ENGINEER 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. ENGINEER may refuse to recommend the
whole or any part of any payment if, in ENGINEER's
opinion, it would be incorrect to make such
representations to OWNER. ENGINEER may also refuse
to recommend any such payment, or, because of
subsequently discovered evidence or the results of
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ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. CON-
TRACTOR at a.ny time may notify OWNER and
ENGINEER in writing that CONTRACTOR
considers any such part of the Work ready for its
intended use and substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a
reasonable time after either such request, OWNER,
CONTRACTOR and ENGINEER shall make an
inspection of that part of the Work to determine its
status of completion. If ENGINEER does not consider
that part of the Work to be substantially complete,
ENGINEER will notify OWNER and
CONTRACTOR in writing giving the reasons there
for. If ENGINEER 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 .
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14.10.2. OWNER may at any time request CON-
TRACTOR in wrlting 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 ENGINEER and within a reasonable time
thereafter OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion and 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 ENGINEER that such part of the Work
is not ready for separate operation by OWNER,
ENGINEER will finalize the list of items to be
completed or corrected and will deliver such list to
OWNER and CO:~TRAcrOR 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 ENGINEER). 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.
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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 .
Pinal Inspection:
14.11. Upon written notice from CONIRAcrOR that
the entire Work or an agreed portion thereof is complete,
ENGINEER 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. CONIRAcrOR
shall immediately take such measures as are necessary to
remedy such deficiencies .
Final Application for Payment:
14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and
delivered all maintenance and operating instructions,
schedules, guarantees, Bonds, certificates of inspection,
marked-up record documents (as provided in paragraph
6.19) and other documents--all as required by the Contract
Documents, and after ENGINEER has indicated that the
Work is acceptable (subject to the provisions of paragraph
14.16), CONTRACTOR may make application for final
payment following the procedure for progress payments.
The final Application for Payment shall be accompanied
by all documentation called for in the Contract
Documents, together with 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
thereof and as approved by OWNER, CONTRACTOR
may furnish receipts or releases in full; an affidavit of
CONTRACTOR that the releases and receipts include all
labor, services, material and equipment for which a Lien
could be filed, and that 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; and consent of the surety, if any, to
final payment. If any Subcontractor or Supplier fails to
furnish a release or receipt in full, CONTRACTOR may
furnish a Bond or other collateral satisfactory to OWNER
to indemnify OWNER against any Lien.
Pinal Payment and Acceptance
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation--all as required by the
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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;
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15.2.2. if a petition is filed against CON1RACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing, or if a petition is
filed seeking any such equivalent or similar relief
against CONTRACTOR under any other federal or
state law in effect at the time relating to bankruptcy or
insolvency;
15.2.3. if CONTRACTOR makes a general
assignment for the benefit of creditors;
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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 CON1RACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an
inability to pay its debts generally as they become due:
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15.2.6. if CONTRACTOR persistently 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 );
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15.2.7. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority
of ENGINEER; or
15.2.9. if CONTRACTOR otherwise violates in any
I substantial way any provisions of the Contract Docu-
ments:
I 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
I the services of CONTRACTOR, exclude
CONTRACTOR from the site and take possession of the
Work and of all CONTRACTOR's tools, appliances,
I construction equipment and machinery at the site and use
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the same to the full extent they could be used by
CON1RACTOR (without liability to CON1RACTOR 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 engineers, 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 ENGINEER and incor-
porated 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. 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.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER, OWNER may, without cause and
without prejudice to any other right or remedy, elect to
abandon the Work and terminate the Agreement. In such
case. CONTRACTOR shall be paid for all Work executed
and any expense sustained plus reasonable termination
expenses, which will include, but not be limited to, direct,
indirect and consequential costs (including, but not limited
to, fees and charges of engineers, architects, attorneys and
other professionals and court and arbitration costs).
Contractor May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR,
the Work is suspended for a period of more than ninety
days by OWN ER or under an order of court or other
public authority, or ENGINEER fails to act on any
Application for Payment within thirty days after it is
submitted, or OWNER fails for thirty days to pay
CONTRACTOR any sum finally determined to be due,
then CONTRACTOR may, upon seven days' written
notice to OWNER and ENGINEER, terminate the
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16.1. 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
( except for claims which have been waived by the making
or acceptance of final payment as p~ovided by paragraph
14.16) will be decided by arbitration in accordance with
the Construction Industry Arbitration Rules of the
American Arbitration Association then obtaining subject
to the limitations of this Article 16. This agreement so to
arbitrate and any other agreement or consent to arbitrate
entered into in accordance herewith as provided in this
Article 16 will be specifically enforceable under the
prevailing law of any court having jurisdiction.
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16.2. No demand for arbitration of any claim, dispute
I or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
I paragraph 9.11 will be made until the earlier of (a) the
date on which ENGINEER has rendered a decision or (b)
the tenth day after the parties have presented their
evidence to ENGINEER if a written decision has not been
I rendered by ENGINEER before that date. No demand
for arbitration of any such claim, dispute or other matter
will be made later than thirty days after the date on which
I ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9.11; and the
failure to demand arbitration within said thirty days'
I period shall result in ENGINEER's decision being final
and binding upon OWNER and CONTRACTOR. If
ENGINEER renders a decision after arbitration
I proceedings have been initiated, such decision may be
entered as evidence but will not supersede the arbitration
proceedings, except where the decision is acceptable to the
I parties concerned. No demand for arbitration of any
written decision of ENGINEER rendered in accordance
with paragraph 9.10 will be made later than ten days after
the party making such demand has delivered written
I notice of intention to appeal as provided in paragraph
9.10.
I 16.3. Notice of the demand for arbitration will be filed
in writing with the other party to the Agreement and with
the American Arbitration Association, and a copy will be
I sent to
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ENGINEER for information. The demand for arbitration
will be made within the thirty-day or ten-day period
specified in paragraph 16.2 as applicable, and in all other
cases within a reasonable time after the claim, dispute or
I other matter in questirn has arisen, and in no event shall
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any such demand be made after the date when institution
of legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by the
applicable statute of limitations.
16.4. No arbitration arising out of or relating to the
Contract Documents shall include by consolidation,
joinder or in any other manner any other person or entity
(including ENGINEER, ENGINEER's agents, employees
or consultants) who is not a party to this contractunless:
16.4.1. the inclusion of such other person or entity
is necessary if complete relief is to be afforded among
those who are already parties to the arbitration,
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent.
16.5. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof, and will not be subject to modification
or appeal except to the extent permitted by Sections 10
and 11 of the Federal Arbitration Act (9 U.s.e. 10,11).
[The remainder of this page was left blank intentionally.]
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SUPPLEMENTARY GENERAL CONDITIONS
SC-l. These supplementary conditions amend or supplement the Standard General Conditions of
the Construction Contract and other provisions of the Contract Documents as indicated
below. All provisions which are not so amended or supplemented remain in full force and
effect.
SC-2. The terms used in the supplementary condition which are defined in the Standard General
Conditions to the Construction Contract have the meanings assigned to them in the General
Conditions.
SC-3. Amend first sentence of paragraph 2.2
Owner shall furnish to Contractor up to three (3) copies. . .
SC-4. Delete Section 2.5 in its entirety and insert the following.
Before any work at the site is started, CONTRACTOR shall deliver to OWNER, with
a copy to ENGINEER, certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and maintain in accordance
with paragraphs 5.3 and 5.4.
SC-5. Amend paragraph 4.2.1
Add: Soil boring report is not available. Contractor is responsible for verification
of the existence of suitable soil on site as well as the suitability of imported
soil.
SC-6. The limits ofliability for the insurance required by paragraph 5.3 ofthe General Conditions
shall provide coverage for not less than the following amounts or greater where required by
Laws and Regulations:
a. Policies, Certificates, Limits and Disposition of Documents. - The Contractor shall
obtain at his expense insurance with limits as shown hereinbelow unless the
Contractor desires to broaden the limits and obtain more protection.
[1] OWNER'S PROTECTIVE LIABILITY INSURANCE - Taken out in name of
the owner as insured. (See Invitation to Bid for exact legal name of owner.)
Bodily injury, including death -limits of$I,OOO,OOO.OO for each person and
$2,000,000.00 for each accident.
Property damage -limits of$500,000.00 for each accident and $1,000,000.00 .
for the aggregate of operations.
DISPOSITION: Original policy must be deposited with owner prior to
commencement of work.
[2] CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE - Taken out in
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the name of the Contractor.
Bodily injury, including death -limits of $1,000,000.00 for each person and
$2,000,000.00 for each accident.
Property damage -limits of$500,000.00 for each accident and $1,000,000.00
for the aggregate of operations.
DISPOSITION: Certificate of insurance must be sent to owner prior to
commencement of work.
[3] CONTRACTOR'S PUBLIC LIABILITY INSURANCE - Taken out in the
name of the Contractor.
Bodily injury, including death -limits of $1,000,000.00 for each person and
$2,000,000.00 for each accident.
Property damage -limits of$500,000.00 for each accident and $1,000,000.00
for the aggregate of operations.
DISPOSITION: Certificate of insurance must be sent to Owner prior to
commencement of work.
[4] BUILDER'S RISK INSURANCE - Payable to the Contractor and Owner, as
their interests may appear, upon the entire structure and upon all materials in
or adjacent thereto which are to be made a part of the insured structure to
100% of the insurable value thereof covering fire, extended coverage,
vandalism and malicious mischief.
DISPOSITION: Original policy must be deposited with Owner prior to
commencement of work.
b.
Acceptability of Insurers to Owner. - No insurance will be acceptable unless written
by a company licensed by the State Insurance Commissioner to do business in
Georgia at the time the policy is issued, and the company must in addition be
acceptable to the Owner. To avoid inconvenience, any general contractor or
subcontractor must get in touch with the Owner to determine whether the insurance
company or companies he expects to use is or are acceptable to the Owner. All
policies and certificates must be signed or countersigned, as the case may be, by
resident Georgia agents.
c.
Termination of Obligation to Insure. - Unless otherwise expressly provided to the
contrary, the obligation to insure as prescribed herein shall not terminate until the
Engineer shall have executed the final certificate.
d.
Contractor shall purchase and maintain during the full course of construction "All
Risk" Builder's Risk Insurance coverage which names the Contractor, Owner and
Engineer as co-insured.
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e. The Contractor will turn over areas completed for construction prior to substantial
completion. Contractor shall maintain insurance on work he performs within "battery
limits" .
SC-7. Add paragraph to section 7.01
7.5. Should CONTRACTOR cause damage to the work or property of any
separate contractor at the site, or should any claim arising out of
CONTRACTOR's performance of the Work at the site be made by any
separate contractor against CONTRACTOR, OWNER, ENGINEER, the
Construction Coordinator or any other person, CONTRACTOR shall
promptly attempt to settle with such other contractor by agreement, or to
otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall,
to the fullest extent permitted by Laws and Regulations, indemnify and hold
OWNER, ENGINEER and the Construction Coordinator harmless from and
against all claims, damages, losses and expenses (including, but not limited
to, fees of engineers, 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 separate contractor against
OWNER, ENGINEER, or the Construction Coordinator to the extent based
on a claim arising out of CONTRACTOR's performance of the Work.
Should a separate contractor cause damage to the Work or property of
CONTRACTOR or should the performance of Work by any separate
contractor at the site give rise to any other claim, CONTRACTOR shall not
institute any action, legal or equitable, against OWNER, ENGINEER or the
Construction Coordinator or permit any action against any of them to be
maintained and continued in its name or for its benefit in any court or before
any arbiter which seeks to impose liability on or to recover damages from
OWNER, ENGINEER or the Construction Coordinator on account of any
such damage or claim. If CONTRACTOR is delayed at any time in
performing or furnishing Work by any act or neglect of a separate contractor
and OWNER and CONTRACTOR are unable to agree as to t he extent of any
adjustment in Contract Time attributable thereto, CONTRACTOR may make
a claim for an extension oftime in accordance with Article 12. An extension
of the Contract Time shall be CONTRACTOR's exclusive remedy with
respect to OWNER, ENGINEER and Construction Coordinator for any delay,
disruption, interference or hindrance caused by any separate contractor. This
paragraph does not prevent recovery from OWNER, ENGINEER or
Construction Coordinator for activities that are their respective
responsibili ti es.
SC-8. Delete paragraph 9.10 of the General Conditions in its entirety and insert the following in its
place:
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9.10 ENGINEER will have authority to determine the actual quantities and
classifications of items of Unit Price Work performed by CONTRACTOR,
and the written decisions of ENGINEER on such matters will be final,
binding on OWNER and CONTRACTOR and not subj ect to appeal (except
as modified by ENGINEER to reflect changed factual conditions).
SC-9 Delete ARTICLE 16.
SC-IO ARTICLE 5 - BONDS AND INSURANCE
Amend paragraph 5.6 as follows:
"Each affected party will have to maintain insurance to protect its own interests."
SC-ll ARTICLE 12 - CHANGE OF CONTRACT TIME
Amend first sentence of paragraph 12.2 to read as follows:
"The Contract Time will be extended in a amourit equal to time lost due to delays
beyond the control of CONTRACTOR if a claim is made therefore as provided in paragraph
12.1, but only to the extent approved by the ENGINEER as provided in paragraph 9.11."
Delete the number "24" after the phrase "Contract Time" in paragraph 12.1.
SC-13 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
In paragraph 14.14 the phrase "retain age" will be changed to the word "retainage."
SC-14 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
Amend paragraph 15.4 as follows:
"The termination fee will be the lost profit on the balance of the work to be performed under
the contract, but not the direct, indirect and consequential costs to the Contractor, attorneys
fees, court and arbitration costs, engineers and other fees set out in paragraph 15.4."
In paragraph 15.5 the phrase "OWN ER" in the third line will be changed to the word
"OWNER."
In paragraph 15.5 the phrase "termination expenses" shall be defined as "the lost profit on the
balance of the work to be performed under the contract, but not the direct, indirect and
consequential costs to the Contractor, attorneys fees, court and arbitration costs, engineers
and other fees set out in paragraph 15.4."
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00500-1
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EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
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TillS AGREEMENT is by and between AU2usta Recreation and Parks Department (hereinafter called OWNER)
and
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Ammar Company. Inc.- (hereinafter called CONTRACTOR).
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OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
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ARTICLE 1 - WORK
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1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
ARTICLE 2 - THE PROJECT
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2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as follows:
Fleming Tennis Center Expansion Project
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ARTICLE 3 - ENGINEER
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3.01
The Project has been designed by Johnson, Laschober and Associates, PC.
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who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and
have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work
in accordance with the Contract Documents.
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ARTICLE 4 - CONTRACT TIMES
4.01 Time afthe Essence
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A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated
in the Contract Documents are of the essence of the Contract.
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4.02Dtrys to Achieve Substantial Completion and Final Ptryment
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A. The Work will be substantially completed in accordance with paragraph 2.03 of the General Conditions on or before
90 days after the notice to proceed.
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4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer
[mancialloss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties
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00500-2
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involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but
not as a penalty), CONTRACTOR shall pay OWNER One Hundred dollars ($100.00) for each day that expires after the time
specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if
CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred dollars ($100.00) for each day that expires
after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready
for final payment.
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ARTICLE 5 - CONTRACT PRICE
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5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in
current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A, 5.01.B, and 5.01.C below:
Base Bid $157,700.00.
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All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the
General Conditions.
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B. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
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ARTICLE 6 - PAYMENT PROCEDURES
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6.01 Submittal and Processing of Payments
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A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
6.02Progress Payments; Retainage
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A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications
for Payment on or about the 15 day of each month during performance of the Work as provided in paragraphs 6.02.A.l and
6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General
Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of
values, as provided in the General Requirements:
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1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage
indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER
may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:
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a. 90% of Work completed (with the balance being retainage). If the Work has been 50% completed as
determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress
of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in
which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of
the Work completed less the aggregate of payments previously made; and
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2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine in accordance with
paragraph 14.02.B.5 of the General Conditions.
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6.03 Final Payment
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A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions,
OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.
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ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
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A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the
Bidding Documents.
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B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.
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C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect
cost, progress, and performance of the Work.
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D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or
supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate
to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR,
including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required
by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto
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E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
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F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to
the Work as indicated in the Contract Docliments.
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G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from
visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
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H. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, Or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
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I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
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ARTICLE 8 - MISCELLANEOUS
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8.01 Any disposal of the solid fill shall meet or exceed local and federal requirements and regulations.
8.02 Terms used in this Agreement which are defined in Article I of the General Conditions will have the meanings
indicated in the General Conditions.
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8.03 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on
another party hereto without the written consent of the party sought to be bound; and specifically but without
limitation moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the
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Cover Sheet
Existing Conditions Plan
Demolition Plan
Layout Plan
Initial Perimeter Control E.S.P.C. Plan
Intermediate E.S.P.C. Plan for Grading and Drainage
Grading, Drainage and Final Phase E.S.P.C. Plan
Miscellaneous Notes and Details
Green Space Plan
contrary in any written consent to an assignment no assignment will release or discharge the assignor from any
duty or responsibility under the Contract Documents.
8.04 Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other
party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements and
obligations contained in the Contract Documents.
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9.01 Contents
ARTICLE 9 - CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
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1. This Agreement (pages 1 to 6, inclusive);
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3. Notice of Award
2. Exhibits to this Agreement Bid Form
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5. General Conditions (pages 1 to 32, inclusive);
6. Supplementary Conditions (pages 1 to 4, inclusive);
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7. Specifications consisting of Divisions 1,2 & 16 as listed in the table of contents thereof.
8. Drawings consisting of a cover sheet and sheets numbered CS.I through EI.I, inclusive, with each sheet bearing the
following general title:
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CS.1
CO.l
CO.2
Cl.l
C2.I
C2.2
C2.3
C3.1
C4.1
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9. Addenda
10. Exhibits to this Agreement (enumerated as follows):
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a. Notice to Proceed, inclusive;
b. CONTRACTOR's Bid, inclusive;
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11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not
attached hereto:
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a. Written Amendments;
b. Work Change Directives;
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c. Change Order(s).
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B. The documents listed in paragraph 9.0 1.A are attached to this Agreement (except as expressly noted otherwise above).
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C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the
General Conditions.
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ARTICLEIO-NllSCELLANEODS
I 10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
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10.02 Assignment of Contract
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A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto
without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
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10.03 Successors andAssigns
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A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other
party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
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10.04 Severability
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A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who
agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
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10.05 Consent to Jurisdiction
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A. All claims, disputes and other matters in question between the OWNER and the CONTRACTOR arising out or
related to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, GA.
The Contractor, by executing this Agreement, specifically consents to venue in Richmond County, GA and waives
any right to contest the venue in the Superior Court of Richmond County, GA.
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10.06 Retainage
A. 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 this Agreement and CONTRACTOR specifically waives any
claim to same.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has
been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by
OWNER and CONTRACTOR or on their behalf
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This Agreement will be effective on
8/8
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,Co.
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t..~!~~ '--~>i.;f'.,-,,:,.,,~,;::,0a""" ;-
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~~,\\" v,-E(J~.~1."'~S:V
'<. '..lIo:l:O..... ,(.,..
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(If OWNER is a corporation, attach evidence of authority to
sign. If OWNER is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of OWNER-CONTRACTOR
Agreement.)
Title:
Address:
.- ,../
'0 . D y:. jtf() ~
;futfu'fA 6ff 30'10/
)
'70,6746- 3't).2-5
1,1- tf#ff
Phone:
Facsimile: 70 b
07 (which is the Effective Date of the Agreement).
By:
n':
if: () I (bok IS 77
~ VClM. s. ~~ ~o X 0 r
,
License No. 84 I S" - bA
(Where applicable)
Agent for service of process:
(If CONTRACTOR is a corporation or a partnership, attach
evidence of authority to sign.)
Designated Representative:
Name: ~A/Y A-MH,1-/l-
(?f2Brf)~A/7
Address: .p O. rg 0 k 10 7 7
LVavts r1A- 3of09
/
<70 (; - f':? 9- 7rf 7?
Facsimile: 70 6 f b S' 5'7 I J
Title:
Phone:
00500-6
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NOTICE OF AWARD
Date: 8/9/07
TO: Ammar Company, Inc.
(Bidder)
ADDRESS: P.O. Box 1877, Evans, GA 30809
PROJECT: Fleming Tennis Center Expansion Proiect
ENGINEER'S PROJECT NO 42.0603
CONTRACT FOR: Site clearing and grubbing, top soil stripping, rough grading, fine
grading, top soil placement, paving, striping, fencing, miscellaneous electrical work, masonry
construction, landscape planting and all other improvements as designed and specified in the
contract documents.
You are notified that your Bid dated Friday, July 13, 2007 for the above Contract has been
considered. You are the apparent successful bidder and have been awarded a contract for
$157,700.00.
The Contract Price of your contract is $157,700.00.
Three (3) copies of each of the proposed Contract Documents (including Drawings) accompany this
Notice of Award.
You must comply with the following conditions precedent within fifteen days of the date of this
Notice of A ward, that is by August 24, 2007. You must deliver to the OWNER three fully executed
counterparts of the Agreement including all the Contract Documents. This includes the triplicate sets
of Drawings. Each of the Contract Documents must bear your signature on the cover of the
specifications and every page of the Drawings.
2. You must deliver with the executed Agreement the Contract Performance and Payment Bonds
as specified in the Bidders Information section, General Conditions and Supplementary
General Conditions of the Contract for Construction.
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General Contractors of America.
3. (List other conditions precedent).
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.
Within fifteen days after you comply with those conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
Augusta Recreation and Parks Department
(ownern.
By: ~~ ;ttC ~
Authorized Signature)
Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested
or Hand Deliver)
Darren R. Prickett, Project Manager
(Title)
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NOTICE TO PROCEED
Date:
TO:
( Contractor)
ADDRESS
PROJECT Flemin2 Tennis Center Expansion Project
ENGINEER's PROJECT NO. 42.0603
Site clearing and grubbing, top soil stripping, rough grading, fine
grading, top soil placement, paving, striping, fencing, masonry
construction, and all other improvements as designed and specified in
the contract documents.
CONTRACT FOR
You are notified that the Contract Time under the above contract will commence to run on . By that
date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3
of the Agreement, the date of Substantial Completion is 90 Days after this notice to proceed.
Before you may start any Work at the site, you shall deliver to the Owner all certificates of insurance as
described in the General Conditions which each is required to be purchased and maintained in accordance with
the Contract Documents.
Augusta Recreation and Parks Department
(OWNER)
By
(AUTHORIZED SIGNATURE)
Darren R. Prickett, RLA - Proj ect Landscape Architect
(TITLE)
K:\420603\ADMIN\SPECS\REBID\FRONT -END\NOTICEPROCEED.DOC
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APPLICATION FOR PAYMENT NO.
To:
From:
Contract:
Project:
OWNER's Contract No.
For Work accomplished through the date of:
(OWNER)
(CONTRACTOR)
ENGINEER's Project No.
1.
2.
3.
4.
5.
Original Contract Price:
Net change by Change Orders and Written Amendments (+ or -):
Current Contract Price (1 plus 2):
Total completed and stored to date:
Retainage (per Agreement):
_% of completed Work: $
_% of stored material: $
Total Retainage:
Total completed and stored to date less retainage (4 minus 5):
Less previous Application for Payments:
DUE THIS APPLICATION (6 MINUS 7):
$
$
$
$
$
$
$
$
6.
7.
8.
Accompanying Documentation:
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on
account of Work done under the Contract referred to above have been applied on account to discharge
CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for
Payment numbered 1 through _ inclusive; (2) title of all Work, materials and equipment incorporated in said
Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free
and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to
OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered
by this Application for Payment is in accordance with the Contract Documents and not defective.
Dated
CONTRACTOR
By:
State of
County of
Subscribed and sworn to before me this
day of
Notary Public
My Commission expires:
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Payment of the above AMOUNT DUE THIS APPLICATION is recommended.
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Dated
ENGINEER
EJCDC No. 191O-8-E (1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification
Institute.
By:
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APPLICATION FOR PAYMENT
1910-8E- 1
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BID FORM
Date: June 1,2007
PROJECT NAME:
Fleming Tennis Center Expansion Project
THIS BID IS SUBMITTED TO:
Augusta-Richmond County Commission
Purchasing Department, Room 605
Municipal Building
530 Greene Street
Augusta, GA 30911
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Contract Price
and within the Contract Time indicated in this Bid and in accordance with the other terms
and conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or illvitation to Bid
and illstructions to Bidders, including without limitation those dealing with the disposition of
Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid
opening. BIDDER will sign and submit the Agreement and other documents required by the
Bidding Requirements within fifteen days after the date of OWNER'S Notice of Award.
3. ill submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
a. BIDDER has examined copies of all the Bidding Documents and has distinguished
between work to be performed by the Owner and work to be performed by the
Contractor. Work to be performed by the Owner will not be included in the
Contractor's Lump Sum Bid.
b. BIDDER has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations
that in any manner may affect cost, progress, performance or furnishing ofthe Wark.
c. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests and
studies which pertain to the subsurface or physical conditions at the site or otherwise
may affect the cost, progress, performance or furnishing of the Work at the Contract
Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of
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paragraph 4.2 of the General Conditions; and no additional examinations,
investigations, explorations, tests, reports or similar information or data are or will be
required by BIDDER for such purposes.
d. BIDDER has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests, reports or similar information or data in respect of said Underground Facilities
are or will be required by BIDDER in order to perform and furnish the WORK at the
Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of
paragraph 4.3 of the General Conditions.
e. BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions
of the Contract Documents.
f. BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies
that it has discovered in the Contract Documents and the written resolution thereofby
ENGINEER is acceptable to BIDDER.
g. This bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or
rules of any group, association, organization or corporation; BIDDER has not directly
or indirectly induced or solicited any other Bidder to submit a false or sham Bid;
BIDDER has not solicited or induced any person, firm or corporation to refrain from
bidding; and BIDDER has not sought by collusion to obtain for itself any advantage
over any other Bidder or over OWNER.
h. Bidder understands that if he is the successful bidder and does not enter into a
contract within ten (10) days after mailing of notice of award of contract, then as
liquidated damages, he shall forfeit his bond or other surety which accompanied his
bid, unless the Owner is responsible for the delay.
4.
BIDDER will complete the WORK for the following price(s):
BASE BID Total Lump Sum $
* Acknowledge receipt of any addenda.
a. The Owner may elect to accept any Add Alternate in any order that may be advantageous
to the Owner, and incorporate sum as a Change Order. Contractor shall notify the Owner
when the decision of accepting an Add Alternate must be made for the Contractor to be able
to hold the stated "Add Cost" in the above bid form.
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5. BIDDER agrees that the work will be completed and ready for final payment in accordance
with paragraph 14.13 of the General Conditions on or before 90 days after notice to proceed
or within the allowed construction continuation period in accordance with Section 4.02 of the
Standard Form of Agreement between Owner and Contractor.
6. The following documents are attached to and made a condition of this Bid:
a) Bid Security
b) Bidder's Qualification Statement
7. Communications concerning this Bid shall be addressed to:
The address of BIDDER indicated below.
8. The terms used in this Bid which are defined in the General Conditions of the Construction
Contract included as part ofthe Contract Documents have the meanings assigned to them in
the General Conditions.
SUBMITTED on
If BIDDER is:
An Individual
By:
(Individual's Name)
Doing business as:
Business address:
Phone number:
A Partnership
By:
(Individual's Name)
(General Partner)
Doing business as:
Business address:
Phone Number:
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A Corporation
By:
(Corporation Name)
(State of Incorporation)
By:
(Name of Person Authorized to Sign)
(Title)
(Corporate Seal)
Attest:
(Secretary)
Business address:
Phone Number:
A Joint Venture
By:
(Name)
(Address)
By:
(Name)
(Address)
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above).
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APPUCATION FOR PAYMENT
INSTRUCTIONS
A. GENERAL INFORMATION
The sample form of Schedule of Values is intended as a guide only. Many projects require a more
extensive form with space for numerous items, descriptions of Change Orders, identification of variable
quantity adjustments, summary of materials and equipment stored at the site and other information. It is
expected that a separate form will be developed by Engineer and Contractor at the time Contractor's
Schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract
permits (or the law provides), and Contractor elects to deposit securities in lieu of retain age. Refer to
Article 14 of the General Conditions for provisions concerning payments to Contractor.
B. COMPLETING THE FORM
The Schedule of Values, submitted and approved as provided in paragraphs 2.05.B.3 and 2.07 of the
General Conditions, should be reproduced as appropriate in the space indicated on the Application for
Payment form. Note that the cost of materials and equipment is often listed separately from the cost of
installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit.
Any Change Orders affecting the Contract Price should be identified and included in the Schedule of
Values as required for progress payments.
The form is suitable for use in the Final Application for Payment as well as for Progress Payments;
however, the required accompanying documentation is usually more extensive for final payment. All
accompanying documentation should be identified in the space provided on the form.
C. LEGAL REVIEW
All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an
attorney, and Engineer should so advise Owner.
APPLICATION FOR PAYMENT
1910-8E- 2
K:1420603\AdminISpecsIRebidIF ront-endl 191 0-8E .DOC
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RELATED DOCUMENTS
SECTION 01100- SUMMARY OF WORK
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PART 1- GENERAL
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1.1
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1.2
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A.
Drawings and general provisions of the Contract, including General and Supplementary Conditions and
other Division 1 Specification Sections, apply to this Section.
WORK COVERED BY CONTRACT DOCUMENTS
A.
Project Identification: Project consists of construction of four (4) new tennis courts, the expansion of an
existing parking lot and associated infrastructure and landscaping.
1. Project Location: Augusta, Georgia
2. Owner: Augusta Recreation and Parks Department
B.
Engineer Identification: The Contract Documents, dated 5/27/07 Revision 0, were prepared for Project
by Johnson, Laschober & Assoc. P.c., 1296 Broad Street, Augusta, GA 30901.
C.
The Work consists of: Site clearing and grubbing, top soil stripping, rough grading, fine grading, top soil
placement, paving, striping, fencing, masonry construction, landscape planting and all other
improvements as designed and specified in the contract documents.
1.3 CONTRACT
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1.4
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A.
Project will be constructed under a single prime contract.
CONTRACTOR USE OF PREMISES
A.
General: During the construction period the Contractor shall have full use of premises for construction
operations, including use of Project site. Contractor's use of premises is limited only by Owner's right to
perform work or to retain other contractors on portions of Project.
B.
Use of the Site: Limit use of the preinises to work in areas indicated. Confine operations to Augusta-
Richmond County property. Do not disturb portions of the site beyond the areas in which the Work is
indicated unless approved by Owner.
PART 2 - PRODUCTS (Not Used)
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PART 3 - EXECUTION
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END OF SECTION 01100
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SUMMARY
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01100-1
K:\420603IAdmin\Specs\Rebid\F ront-end\011 OO.DOC
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1.4
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c.
D.
E.
SUBMITTALS
A.
control services prove unsatisfactory and indicate noncompliance with Contract Document requirements,
regardless of whether the original test was Contractor's responsibility.
1.
The cost of re-testing construction, revised or replaced by the Contractor, is the Contractor's
responsibility where required tests performed on original construction indicated noncompliance
with Contract Document requirements.
Associated Services: Cooperate with agencies performing required inspections, tests, and similar services,
and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of
operations to permit assignment of personnel. Auxiliary services required include, but are not limited to,
the following:
1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections and tests.
3. Take adequate quantities of representative samples of materials that require testing or assist the
agency in taking samples.
4. Provide facilities for storage and curing of test samples.
5. Deliver samples to testing laboratories.
6. Provide the agency with a preliminary design mix proposed for use for materials mixes that require
control by the testing agency.
7. Provide security and protection of samples and test equipment at the Project Site.
Duties of the Testing Agency: The independent agency engaged to perform inspections, sampling, and
testing of materials and construction specified in individual Sections shall cooperate with the Engineer and
the Contractor in performance of the agency's duties. The testing agency shall provide qualified personnel
to perform required inspections and tests.
1.
The agency shall notify the Engineer and the Contractor promptly of irregularities or deficiencies
observed in the Work during performance of its services.
The agency is not authorized to release, revoke, alter, or enlarge requirements of the Contract
Documents or approve or accept any portion of the Work.
The agency shall not perform any duties of the Contractor.
2.
3.
Coordination: Coordinate the sequence of activities to acconnnodate required services with a minimum of
delay. Coordinate activities to avoid the necessity of removing and replacing construction to accommodate
inspections and tests.
1.
The Contractor is responsible for scheduling times for inspections, tests, taking samples, and
similar activities.
Unless the Contractor is responsible for this service, the independent testing agency shall submit a certified
written report, in duplicate, of each inspection, test, or similar service to the Engineer. If the Contractor is
responsible for the service, submit a certified written report, in duplicate, of each inspection, test, or
similar service through the Contractor.
1.
Submit additional copies of each written report directly to the governing authority, when the
authority so directs.
Report Data: Written reports of each inspection, test, or similar service include, but are not limited
to, the following:
2.
a. Date of issue.
b. Project title and number.
QUALITY CONTROL 01400 - 2
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RELATED DOCUMENTS
SECTION 01770 - CLOSEOUT PROCEDURES
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PART 1- GENERAL
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1.1
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A.
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1.2
A.
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Drawings and general provisions of the Contract, including General and Supplementary Conditions and
other Division 1 Specification Sections, apply to this Section.
SUMMARY
This Section includes administrative and procedural requirements for contract closeout, including, but not
limited to, the following:
1.
2.
3.
4.
5.
6.
Inspection procedures.
Project Record Documents.
Operation and maintenance manuals.
Warranties.
Instruction of Owner's personnel.
Final cleaning.
B. Related Sections include the following:
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1.3
A.
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1.
Division 1 Section "Payment Procedures" for requirements for Applications for Payment for
Substantial and Final Completion.
Division 1 Section "Construction Progress Documentation" for submitting Final Completion
construction photographs and negatives.
Division 1 Section "Photographic Documentation" for submitting Final Completion construction
photographs and negatives.
Division 1 Section "Execution Requirements" for progress cleaning of Project site.
Division 1 Section "Project Record Documents" for submitting Record Drawings, Record
Specifications, and Record Product Data.
Division 1 Section "Operation and Maintenance Data" for operation and maintenance manual
requirements.
Division 1 Section "Demonstration and Training" for requirements for instruction of Owner's
personnel.
Divisions 2 through 16 Sections for specific closeout and special cleaning requirements for
products of those Sections.
2.
3.
4.
5.
6.
7.
8.
SUBSTANTIAL COMPLETION
Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion,
complete the following. List items below that are incomplete in request.
1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list,
and reasons why the Work is not complete.
2. Advise Owner of pending insurance changeover requirements.
3. Submit specific warranties, workmanship bonds, maintenance service agreements, [mal
certifications, and similar documents.
CLOSEOUT PROCEDURES
01770-1
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1.6
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1.7
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PROJECT RECORD DOCUMENTS
A.
General: Do not use Project Record Documents for construction purposes. Protect Project Record
Documents from deterioration and loss. Provide access to Project Record Documents for Engineer's
reference during normal working hours.
B.
Record Drawings: Maintain and submit one set of b1ue- or black-line white prints of Contract Drawings
and Shop Drawings.
1.
Mark Record Prints to show the actual installation where installation varies from that shown
originally. Require individual or entity who obtained record data, whether individual or entity is
Installer, subcontractor, or similar entity, to prepare the marked-up Record Prints.
a.
Give particular attention to information on concealed elements that cannot be readily
identified and recorded later.
Accurately record information in an understandable drawing technique.
Record data as soon as possible after obtaining it. Record and check the markup before
enclosing concealed installations.
Mark Contract Drawings or Shop Drawings, whichever is most capable of showing actual
physical conditions, completely and accurately. Where Shop Drawings are marked, show
cross-reference on Contract Drawings.
b.
c.
d.
2.
Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between
changes for different categories of the Work at the same location.
Mark important additional information that was either shown schematically or omitted from
original Drawings.
Note Construction Change Directive numbers, Change Order numbers, alternate numbers, and
similar identification where applicable.
Identify and date each Record Drawing; include the designation "PROJECT RECORD
DRAWING" in a prominent location. Organize into manageable sets; bind each set with durable
paper cover sheets. Include identification on cover sheets.
3.
4.
5.
C.
Record Specifications: Submit one copy of Project's Specifications, including addenda and contract
modifications. Mark copy to indicate the actual product installation where installation varies from that
indicated in Specifications, addenda, and contract modifications.
1. Give particular attention to information on concealed products and installations that cannot be
readily identified and recorded later.
2. Mark copy with the proprietary name and model number of products, materials, and equipment
furnished, including substitutions and product options selected.
3. Note related Change Orders, Record Drawings, where applicable.
D.
Record Product Data: Submit one copy of each Product Data submittal. Mark one set to indicate the
actual product installation where installation varies substantially from that indicated in Product Data.
1.
Give particular attention to information on concealed products and installations that cannot be
readily identified and recorded later.
Include significant changes in the product delivered to Project site and changes in manufacturer's
written instructions for installation.
Note related Change Orders, Record Drawings and Record Specifications where applicable.
2.
3.
OPERATION AND MAINTENANCE MANUALS
CLOSEOUT PROCEDURES
01770 - 3
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CLOSEOUT PROCEDURES
01770-5
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A.
Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the
surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or
that might damage finished surfaces.
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PART 3 - EXECUTION
3.1 DEMONSTRATION AND TRAINING
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A.
Instruction: Instruct Owner's personnel to adjust, operate, and maintain systems, subsystems, and
equipment not part of a system.
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3.2
FINAL CLEANING
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A.
General: Provide final cleaning. Conduct cleaning and waste-removal operations to comply with local
laws and ordinances and Federal and local environmental and antipollution regulations.
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B.
Cleaning: Employ experienced workers or professional cleaners for [mal cleaning. Clean each surface or
unit to condition expected in an average commercial building cleaning and maintenance program.
Comply with manufacturer's written instructions.
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1.
Complete the following cleaning operations before requesting inspection for certification of
Substantial Completion for entire Project or for a portion of Project:
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a. Clean Project site, yard, and grounds, in areas disturbed by construction actlvltles,
including landscape development areas, of rubbish, waste material, litter, and other foreign
substances.
b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign
deposits.
c. High pressure wash all new masonry as per manufacturer's recommendations..
d. Remove tools, construction equipment, machinery, and surplus material from Project site.
e. Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace
finishes and surfaces that cannot be satisfactorily repaired or restored or that already show
evidence of repair or restoration.
f. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. Replace
burned-out bulbs, and those noticeably dimmed by hours of use, and defective and noisy
starters in fluorescent and mercury vapor fixtures to comply with requirements for new
fixtures.
g. Leave Project clean and ready for occupancy.
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C.
Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess
materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage
systems. Remove waste materials from Project site and dispose oflawfully.
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END OF SECTION 01770
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FLEMING TENNIS CENTER EXPANSION PROJECT
02230
Site Clearing
1.6 PROJECT CONDITIONS
A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied
or used facilities during site-clearing operations.
1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities
without permission from Owner and authorities having jurisdiction.
2. Provide alternate routes around closed or obstructed traffic ways if required by authorities
having jurisdiction.
B. Utility Locator Service: Notify utility locator service for area where Project is located before
site clearing.
C. Do not commence site clearing operations until temporary erosion and sedimentation control
measures are in place.
PART 2 - PRODUCTS
2.1
SOIL MATERIALS
A.
Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified In
Division 2 Section "Earthwork."
1. Obtain approved borrow soil materials off-site when satisfactory soil materials are not
available on-site.
PART 3 - EXECUTION
3.1
PREPARATION
A.
Protect and maintain benchmarks and survey control points from disturbance during
construction.
B.
Locate and clearly flag trees and vegetation to remain or to be relocated.
C.
Protect existing site improvements to remain from damage during construction.
1. Restore damaged improvements to their original condition, as acceptable to Owner.
3.2 TEMPORARY EROSION AND SEDIMENTATION CONTROL
A. Provide temporary erosion and sedimentation control measures to prevent soil erosion and
discharge of soil-bearing water runoff or airborne dust to adjacent properties according to the
06/07
SITE CLEARING
02230 - 2
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06/07
SITE CLEARING
02230 - 4
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FLEMING TENNIS CENTER EXPANSION PROJECT
02230
Site Clearing
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3.
Grind stumps and remove roots, obstructions, and debris extending to a depth of 18
inches below exposed sub grade.
Use only hand methods for grubbing within tree protection zone.
4.
B.
Fill depressions caused by clearing and grubbing operations with satisfactory soil material
unless further excavation or earthwork is indicated.
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1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches, and
compact each layer to a density equal to adjacent original ground.
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3.5 TOPSOIL STRIPPING
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A.
Remove sod and grass before stripping topsoil.
B.
Strip topsoil to whatever depths are encountered in a manner to prevent intermingling with
underlying subsoil or other waste materials.
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1.
Remove subsoil and nonsoil materials from topsoil, including trash, debris, weeds, roots,
and other waste materials.
c.
Stockpile topsoil materials away from edge of excavations without intermixing with subsoil.
Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust.
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1.
2.
3.
4.
Limit height of topsoil stockpiles to 72 inches.
Do not stockpile topsoil within tree protection zones.
Dispose of excess topsoil as specified for waste material disposal.
Stockpile surplus topsoil to allow for respreading deeper topsoil.
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3.6
DISPOSAL
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Disposal: Remove obstructions, demolished materials, and waste materials including trash and debris,
including tree materials (roots, stumps, branches, etc.), and legally dispose ofthem off Owner's property.
END OF SECTION 02230
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FLEMING TENNIS CENTER EXPANSION PROJECT
02300
Earthwork
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1.4
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1.5
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06/07
3. Unauthorized Excavation: Excavation below sub grade elevations or beyond indicated
lines and dimensions without direction by Engineer. Unauthorized excavation, as well as
remedial work directed by Engineer, shall be without additional compensation.
G.
Fill: Soil materials used to raise existing grades.
H.
Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical
and electrical appurtenances, or other man-made stationary features constructed above or below
the ground surface.
1.
Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or
backfill immediately below subbase, drainage fill, or topsoil materials.
J.
Utilities: On-site underground pipes, conduits, ducts and cables, as well as underground services
within buildings.
SUBMITTALS
A.
Product Data: For the following:
1. Each type of plastic warning tape.
2. Geotextile.
B.
Samples: l2-by-12-inch Sample of sub drainage and separation geotextile.
C.
Material Test Reports: From a qualified testing agency indicating and interpreting test results
for compliance of the following with requirements indicated:
1. Classification according to ASTM D 2487 of each on-site soil material proposed for fill
and backfill.
D.
Preexcavation Photographs or Videotape: Show existing conditions of adjoining construction
and site improvements, including finish surfaces, that might be misconstrued as damage caused
by earthwork operations. Submit before earthwork begins.
PROJECT CONDITIONS
A.
Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others
unless permitted in writing by Owner and then only after arranging to provide temporary utility
services according to requirements indicated.
1. Notify Owner not less than two days in advance of proposed utility interruptions.
2. Do not proceed with utility interruptions without Owner's written permission.
3. Contact utility-locator service for area where Project is located before excavating.
EARTHWORK
02300 - 2
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FLEMING TENNIS CENTER EXPANSION PROJECT
02300
Earthwork
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1. Red: Electric.
2. Yellow: Gas, oil, steam, and dangerous materials.
3. Orange: Telephone and other communications.
4. Green: Storm sewer systems.
PART 3 - EXECUTION
3.1
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PREPARATION
A.
Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by
settlement, lateral movement, undermining, washout, and other hazards created by earthwork
operations.
B.
Preparation of sub grade for earthwork operations including removal of vegetation, topsoil,
debris, obstructions, and deleterious materials from ground surface is specified in Division 2
Section "Site Clearing."
c.
Protect and maintain erosion and sedimentation controls, which are specified in Division 2
Section "Site Clearing," during earthwork operations.
D. Provide protective insulating materials to protect subgrades and foundation soils against
freezing temperatures or frost.
3.2 DEWATERING
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3.3
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3.4
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06/07
A. Prevent surface water and ground water from entering excavations, from ponding on prepared
subgrades, and from flooding Project site and surrounding area.
B. Protect subgrades from softening, undermining, washout, and damage by ram or water
accumulation.
1. Reroute surface water runoff away from excavated areas. Do not allow water to
accumulate in excavations. Do not use excavated trenches as temporary drainage ditches.
2. Install a dewatering system to keep sub grades dry and convey ground water away from
excavations. Maintain until dewatering is no longer required.
EXCAVATION FOR WALKS AND PAVEMENTS
A.
Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and
subgrades.
SUBGRADE INSPECTION
A.
Notify Engineer when excavations have reached required subgrade.
EARTHWORK
02300 - 4
06/07
EARTHWORK
02300 - 6
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FLEMING TENNIS CENTER EXPANSION PROJECT
02300
Earthwork
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3.7
SOIL FILL
A.
Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill
material will bond with existing material.
B.
Place and compact fill material in layers to required elevations as follows:
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1. Under grass and planted areas, use satisfactory soil material.
2. Under walks and parking lot, use satisfactory soil material.
3. Under tennis court pavement, use engineered fill.
C. Place soil fill on sub grades free of mud, frost, snow, or ice.
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3.8 SOIL MOISTURE CONTROL
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A. Uniformly moisten or aerate sub grade and each subsequent fill or backfill soil layer before
compaction to within 2 percent of optimum moisture content.
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1. Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain
frost or ice.
2. Remove and replace, or scarify and air dry otherwise satisfactory soil material that exceeds
optimum moisture content by 2 percent and is too wet to compact to specified dry unit
weight.
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3.9 COMPACTION OF SOIL BACKFILLS AND FILLS
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A. Place backfill and fill soil materials in layers not more than 4 to 8 inches in loose depth for
material compacted by heavy compaction equipment, and not more than 4 inches in loose depth
for material compacted by hand-operated tampers.
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B. Place backfill and fill soil materials evenly on all sides of structures to required elevations, and
uniformly along the full length of each structure.
C. Compact soil materials to not less than the following percentages of maximum dry unit weight
according to ASTM D 698, unless noted otherwise ondrawings:
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1.
Under pavement recompact top 6" sub grade to 100 per cent Standard Procter. Any area
that can not be recompacted or yields while proof rolling will be undercut as directed by
the Owner's Engineer and backfilled with GDOT Class "A" Base to 95 per cent Modified
Procter, ASTM D 1557. The upper 18" offill beneath paving base shall be compacted to
98 per cent Standard Procter.
Under walkways, scarify and recompact top 6 inches below sub grade and compact each
layer of backfill or fill soil material at 95 percent.
Under lawn or unpaved areas, scarify and recompact top 6 inches below subgrade and
compact each layer of backfill or fill soil material at 85 percent.
2.
3.
06/07
EARTHWORK
02300 - 8
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FLEMING TENNIS CENTER EXPANSION PROJECT
02300
Earthwork
B. Allow testing agency to inspect and test sub grades and each fill or backfill layer. Proceed with
subsequent earthwork only after test results for previously completed work comply with
requirements.
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C. Testing agency will test compaction of soils in place according to ASTM D 1556,
ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. Tests will be performed at
the following locations and frequencies:
1. Paved Areas: At sub grade and at each compacted fill and backfill layer, at least 1 test for
every 3000 sq. ft. or less of paved area or building slab, but in no case fewer than 3 tests.
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D. When Owner's testing agency reports that subgrades, fills, or backfills have not achieved the
degree of compaction specified, the Contractor shall scarify and moisten or aerate, or remove
and replace soil to depth required; recompact and retest until specified compaction is obtained.
Retesting cost shall be by Contractor.
3.14 PROTECTION
A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep
free of trash and debris.
B. Repair and reestablish grades to specified tolerances where completed or partially completed
surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent
construction operations or weather conditions.
1. Scarify or remove and replace soil material to depth as directed by Engineer; reshape and
recompact.
C. Where settling occurs before Project correction period elapses, remove finished surfacing,
backfill with additional soil material, compact, and reconstruct surfacing.
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1. Restore appearance, quality, and condition of finished surfacing to match adjacent work,
and eliminate evidence of restoration to greatest extent possible.
3.15 DISPOSAL OF SURPLUS AND WASTE MATERIALS
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A. Disposal: Remove surplus satisfactory soil from site and legally dispose.
B. Dispose of unsuitable excavated materials off site in a legal manner.
C. Removal of waste materials, including unsatisfactory, trash, and debris, shall be transported
legally dispose of it off Owner's property.
END OF SECTION 02300
06/07
HOT-MIX ASPHALT PAVING
02741 - 2
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FLEMING TENNIS CENTER EXPANSION PROJECT
02741
Hot Mix Asphalt Paving
E. Material Test Reports: For each paving material.
F. Material Certificates: For each paving material, signed by manufacturers.
1.6 QUALITY ASSURANCE
A. Manufacturer Qualifications: A qualified manufacturer.
1. Manufacturer shall be a paving-mix manufacturer registered with and approved by
authorities having jurisdiction or the DOT of the state in which Project is located.
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B. Testing Agency Qualifications: Qualified according to ASTM D 3666 for testing indicated, as
documented according to ASTM E 548.
C. Regulatory Requirements: Comply with GDOT specifications for asphalt paving work.
D. Preinstallation Conference: Conduct conference at Project site to comply with requirements in
Division 1 Section "Project Management and Coordination."
1.7 DELNERY, STORAGE, AND HANDLING
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A.
Deliver pavement-marking materials to Project site in original packages with seals unbroken
and bearing manufacturer's labels containing brand name and type of material, date of
manufacture, and directions for storage.
B.
Store pavement-marking materials in a clean, dry, protected location within temperature range
required by manufacturer. Protect stored materials from direct sunlight.
1.8
PROJECT CONDITIONS
A.
Environmental Limitations: Do not apply asphalt materials if sub grade is wet or excessively
damp or if the following conditions are not met:
1. Prime and Tack Coats: Minimum surface temperature of 60 deg F.
2. Asphalt Base Course: Minimum surface temperature of 40 deg F and rising at time of
placement.
3. Asphalt Surface Course: Minimum surface temperature of 60 deg F at time of placement.
B.
Pavement-Marking Paint: Proceed with pavement marking only on clean, dry surfaces and at a
minimum ambient or surface temperature of 40 deg F for oil-based materials, 50 deg F for
water-based materials, and not exceeding 95 deg F.
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FLEMING TENNIS CENTER EXPANSION PROJECT 02741
Hot Mix Asphalt Paving
1. Provide mixes with a history of satisfactory performance in geographical area where
Project is located.
2. Provide mixes complying with composition, grading, and tolerance requirements in
ASTM D 3515 for the following nominal, maximum aggregate sizes:
a. Base Course: See drawings for each paving type.
b. Surface Course: See drawings for each paving type.
PART 3 - EXECUTION
3.1
EXAMINATION
A.
Verify that subgrade is dry and in suitable condition to support paving and imposed loads.
B.
Proof-roll subbase using heavy, pneumatic-tired rollers to locate areas that are unstable or that
require further compaction.
C.
Proceed with paving only after unsatisfactory conditions have been corrected.
3.2
SURFACE PREPARATION
A.
General: Immediately before placing asphalt materials, remove loose and deleterious material
from substrate surfaces. Ensure that prepared sub grade is ready to receive paving.
1. Sweep loose granular particles from surface of unbound-aggregate base course. Do not
dislodge or disturb aggregate embedded in compacted surface of base course.
B. Herbicide Treatment: Apply herbicide according to manufacturer's recommended rates and
written application instructions. Apply to dry, prepared sub grade or surface of compacted-
aggregate base before applying paving materials.
1. Mix herbicide with prime coat if formulated by manufacturer for that purpose.
C. Prime Coat: Apply uniformly over surface of compacted unbound-aggregate base course at a
rate of 0.15 to 0.50 gaL/sq. yd.. Apply enough material to penetrate and seal but not flood
surface. Allow prime coat to cure for 72 hours minimum.
1. If prime coat is not entirely absorbed within 24 hours after application, spread sand over
surface to blot excess asphalt. Use enough sand to prevent pickup under traffic. Remove
loose sand by sweeping before pavement is placed and after volatiles have evaporated.
2. Protect primed substrate from damage until ready to receive paving.
D. Tack Coat: Apply uniformly to surfaces of existing pavement at a rate of 0.05 to 0.15 gaL/sq.
yd..
1. Allow tack coat to cure undisturbed before applying hot-mix asphalt paving.
06/07
HOT-MIX ASPHALT PAVING
02741 - 4
06/07
HOT-MIX ASPHALT PAVING
02741 - 6
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FLEMING TENNIS CENTER EXPANSION PROJECT 02741
Hot Mix Asphalt Paving
B. Surface Smoothness: Compact each course to produce a surface smoothness within the
following tolerances as determined by using a 10-foot straightedge applied transversely or
longitudinally to paved areas:
1. Base Course: 1/4 inch.
2. Surface Course: 1/8 inch.
3. Crowned Surfaces: Test with crowned template centered and at right angle to crown.
Maximum allowable variance from template is 1/4 inch.
3.5
PAVEMENT MARKING
A.
Do not apply pavement-marking paint until layout, colors, and placement have been verified
with Engineer.
B.
Allow paving to age for 30 days before starting pavement marking.
C.
Sweep and clean surface to eliminate loose material and dust.
D.
Apply paint with mechanical equipment to produce pavement markings, of dimensions
indicated, with uniform, straight edges. Apply at manufacturer's recommended rates to provide
a minimum wet film thickness of 15 mils.
1. Broadcast glass spheres uniformly into wet pavement markings at a rate of 6 lblgal..
3.6
FIELD QUALITY CONTROL
A.
Testing Agency: Owner will engage a qualified independent testing and inspecting agency to
perform field tests and inspections and to prepare test reports.
1. Testing 'agency will conduct and interpret tests and state in each report whether tested
Work complies with or deviates from specified requirements.
B. Additional testing and inspecting, at Contractor's expense, will be performed to determine
compliance of replaced or additional work with specified requirements.
C. Thickness: In-place compacted thickness of hot-mix asphalt courses will be determined
according to ASTM D 3549.
D. Surface Smoothness: Finished surface of each hot-mix asphalt course will be tested for
compliance with smoothness tolerances.
E. In-Place Density: Testing agency will take samples of uncompacted paving mixtures and
compacted pavement according to ASTM D 979.
1. Reference maximum theoretical density will be determined by averaging results from
four samples of hot-mix asphalt-paving mixture delivered daily to site, prepared
according to ASTM D 2041, and compacted according to job-mix specifications.
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FLEMING TENNIS CENTER EXPANSION PROJECT
02751
Cement Concrete Pavement
SECTION 02751 - CEMENT CONCRETE PAVEMENT
PART I-GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes exterior cement concrete pavement for the following:
1. Curbs and gutters.
2. Walkways.
3. Portable Bleacher Seating Pads.
B. Specifications apply to this Section:
1. Specification Section 02300 EARTHWORK
2. Specification Section 03300 CAST-IN-PLACE CONCRETE
1.3 DEFINITIONS
A. Cementitious Materials: Portland cement alone or in combination with one or more of blended
hydraulic cement, fly ash and other pozzolans, and ground granulated blast-furnace slag.
1.4 SUBMITTALS
A. Product Data: For each type of manufactured material and product indicated.
B. Design Mixtures: For each concrete pavement mixture. Include alternate mixture designs when
characteristics of materials, Project conditions, weather, test results, or other circumstances
warrant adjustments.
C. Qualification Data: For manufacturer.
D. Material Test Reports: From a qualified testing agency indicating and interpreting test results
for compliance of the following with requirements indicated, based on comprehensive testing of
current materials:
1. Aggregates. Include service record data indicating absence of deleterious expansion of
concrete due to alkali-aggregate reactivity.
06/07
CEMENT CONCRETE PAVEMENT
02751 - 1
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FLEMING TENNIS CENTER EXPANSION PROJECT
02751
Cement Concrete Pavement
2.2 CONCRETE MATERIALS
A. Cementitious Material: Use one of the following cementitious materials, of the same type,
brand, and source throughout the Proj ect:
1. Portland Cement: ASTM C 150, Type I/ll, gray.
B. Normal-Weight Aggregates: ASTM C 33, Class 4S coarse aggregate, uniformly graded.
Provide aggregates from a single source.
1. Maximum Coarse-Aggregate Size: 1-1/2 inches nominal.
2. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement.
C. Water: ASTM C 94/C 94M.
D. Air-Entraining Admixture: ASTM C 260.
E. Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with
other admixtures and to contain not more than 0.1 percent water-soluble chloride ions by mass
of cementitious material.
1. Water-Reducing Admixture: ASTM C 494/C 494M, Type A.
2. Retarding Admixture: ASTM C 494/C 494M, Type B.
3. Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D.
4. High-Range, Water-Reducing Admixture: ASTM C 494/C 494M, Type F.
5. High-Range, Water-Reducing and Retarding Admixture: ASTM C 494/C 494M,
Type G.
6. Plasticizing and Retarding Admixture: ASTM C 1017 IC 10 17M, Type II.
2.3 CURlNG MATERIALS
A. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap"polyethylene
sheet.
B. Water: Potable.
2.4 RELATED MATERIALS
A. Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber
or ASTM D 1752, cork or self-expanding cork.
2.5 PAVEMENT MARKINGS
A. Pavement-Marking Paint: Latex, waterborne emulsion, lead and chromate free, ready mixed,
complying with FS TT-P-1952, with drying time ofless than 45 minutes.
1. Color: As indicated.
06/07
02751 - 3
CEMENT CONCRETE PAVEMENT
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FLEMING TENNIS CENTER EXPANSION PROJECT
02751
B.
Cement Concrete Pavement
Clean forms after each use and coat with form-release agent to ensure separation from concrete
without damage.
3.4
JOINTS
A.
General: Form construction, isolation, and contraction joints and tool edgings true to line with
faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to
centerline, unless otherwise indicated.
1. When joining existing pavement, place transverse joints to align with previously placed
joints, unless otherwise indicated.
B. Contraction Joints: Form weakened-plane contraction joints, sectioning concrete into areas as
indicated. Construct contraction joints for a depth equal to at least one-fourth of the concrete
thickness, as follows:
1. Grooved Joints: Form contraction joints after initial floating by grooving and finishing
each edge of joint with grooving tool to a 3/8-inch radius. Repeat grooving of
contraction joints after applying surface finishes. Eliminate groover marks on concrete
surfaces.
2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof
abrasive or diamond-rimmed blades. Cut 1/8-inch- wide joints into concrete when
cutting action will not tear, abrade, or otherwise damage surface and before developing
random contraction cracks.
C. Edging: Tool edges of pavement, gutters, curbs, and joints in concrete after initial floating with
an edging tool to a 1/4-inch radius. Repeat tooling of edges after applying surface finishes.
Eliminate tool marks on concrete surfaces.
3.5 CONCRETE PLACEMENT
A. Inspection: Before placing concrete, inspect and complete formwork installation, steel
reinforcement, and items to be embedded or cast in. Notify other trades to permit installation of
their work.
B. Remove snow, ice, or frost from sub grade surface before placing concrete. Do not place
concrete on frozen surfaces.
C. Moisten sub grade to provide a uniform dampened condition at time concrete is placed. Do not
place concrete around manholes or other structures until they are at required finish elevation and
alignment.
D. Comply with ACI 301 requirements for measuring, mixing, transporting, and placing concrete.
E. Do not add water to concrete during delivery or at Project site.
F. Do not add water to fresh concrete after testing.
06/07
CEMENT CONCRETE PAVEMENT
02751 - 5
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FLEMING TENNIS CENTER EXPANSION PROJECT
02751
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3.7
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3.8
06/07
B.
Cement Concrete Pavement
Float Finish: Begin the second floating operation when bleed-water sheen has disappeared and
concrete surface has stiffened sufficiently to permit operations. Float surface with power-driven
floats, or by hand floating if area is small or inaccessible to power units. Finish surfaces to true
planes. Cut down high spots and fill low spots. Refloat surface immediately to uniform
granular texture.
1. Medium-to-Coarse-Textured Broom Finish: Provide a coarse finish by striating float-
finished concrete surface 1/16 to 1/8 inch deep with a stiff-bristled broom, perpendicular
to line of traffic.
CONCRETE PROTECTION AND CURING
A.
General: Protect freshly placed concrete from premature drying and excessive cold or hot
temperatures.
B.
Comply with ACI 306.1 for cold-weather protection.
C.
Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy
conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing
operations. Apply according to manufacturer's written instructions after placing, screeding, and
bull floating or darbying concrete, but before float finishing.
D.
Begin curing after finishing concrete but not before free water has disappeared from concrete
surface.
E.
Curing Methods: Cure concrete by moisture curing, moisture-retaining-cover curing, curing
compound, or a combination of these as follows:
1. Moist Curing: Keep surfaces continuously moist for not less than seven days with the
following materials:
a. Water.
b. Continuous water-fog spray.
c. Absorptive cover, water saturated and kept continuously wet. Cover concrete
surfaces and edges with 12-inch lap over adjacent absorptive covers.
2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining
cover for curing concrete, placed in widest practicable width, with sides and ends lapped
at least 12 inches, and sealed by waterproof tape or adhesive. Immediately repair any
holes or tears during curing period using cover material and waterproof tape.
3. Curing Compound: Apply uniformly in continuous operation by power spray or roller
according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall
within three hours after initial application. Maintain continuity of coating and repair
damage during curing period.
PAVEMENT TOLERANCES
A.
Comply with tolerances of ACI 117 and as follows:
CEMENT CONCRETE PAVEMENT
02751 - 7
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FLEMING TENNIS CENTER EXPANSION PROJECT
02751
3.11
Cement Concrete Pavement
a. A compressive-strength test shall be the average compressive strength from 2
specimens obtained from same composite sample and tested at 28 days.
c.
Strength of each concrete mix will be satisfactory if average of any 3 consecutive compressive-
strength tests equals or exceeds specified compressive strength and no compressive-strength test
value falls below specified compressive strength by more than 500 psi.
D.
Test results shall be reported in writing to Engineer, concrete manufacturer, and Contractor
within 48 hours of testing. Reports of compressive-strength tests shall contain Project
identification name and number, date of concrete placement, name of concrete testing and
inspecting agency, location of concrete batch in Work, design compressive strength at 28 days,
concrete mixture proportions and materials, compressive breaking strength, and type of break
for both 7- and 28-day tests.
E.
Additional Tests: Testing and inspecting agency shall make additional tests of concrete when
test results indicate that slump, air entrainment, compressive strengths, or other requirements
have not been met, as directed by Engineer.
F.
Remove and replace concrete pavement where test results indicate that it does not comply with
specified requirements.
G.
Additional testing and inspecting, at Contractor's expense, will be performed to determine
compliance of replaced or additional work with specified requirements.
REPAIRS AND PROTECTION
A.
Remove and replace concrete pavement that is broken, damaged, or defective or that does not
comply with requirements in this Section.
B.
Drill test cores, where directed by Engineer, when necessary to determine magnitude of cracks
or defective areas. Fill drilled core holes in satisfactory pavement areas with portland cement
concrete bonded to pavement with epoxy adhesive.
c.
Protect concrete from damage. Exclude traffic from pavement for at least 14 days after
placement. When construction traffic is permitted, maintain pavement as clean as possible by
removing surface stains and spillage of materials as they occur.
D. Maintain concrete pavement free of stains, discoloration, dirt, and other foreign material.
Sweep concrete pavement not more than two days before date scheduled for Substantial
Completion inspections.
END OF SECTION 02751
06/07
CEMENT CONCRETE PAVEMENT
02751 - 9
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06/07
CHAIN-LINK FENCES AND GATES
02821 - 2
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FLEMING TENNIS CENTER EXPANSION PROJECT
02821
Chain Link Fences and Gates
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3. Gates and hardware.
1.5
QUALITY ASSURANCE
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A.
Installer Qualifications: An experienced installer who has completed chain-link fences and
gates similar in material, design, and extent to those indicated for this Project and whose work
has resulted in construction with a record of successful in-service performance.
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1. Engineering Responsibility: Preparation of data for chain-link fences and gates,
including Shop Drawings, based on testing and engineering analysis of manufacturer's
standard units in assemblies similar to those indicated for this Project.
B. Testing Agency Qualifications: An independent agency, with the experience and capability to
conduct the testing indicated, that is a member company of the InterNational Electrical Testing
Association or is a nationally recognized testing laboratory (NRTL) as defined by OSHA in
29 CFR 1910.7, and that is acceptable to authorities having jurisdiction.
1. Testing Agency's Field Supervisor: Person currently certified according to NETA ETT,
or the National Institute for Certification in Engineering Technologies, to supervise on-
site testing specified in Part 3.
1.6 PROJECT CONDITIONS
A. Field Measurements: Verify layout information for chain-link fences and gates shown on
Drawings in relation to property survey and existing structures. Verify dimensions by field
measurements.
B. Interruption of Existing Utility Service: Do not interrupt utility services to facilities occupied
by Owner or others unless permitted under the following conditions and then only after
arranging to provide temporary utility services according to requirements indicated:
1. Notify Owner no fewer than two days in advance of proposed interruption of utility
servIces.
2. Do not proceed with interruption of utility services without Owner's written permission.
PART 2 - PRODUCTS
2.1
CHAIN-LINK FENCE FABRIC
A.
General: Height indicated on Drawings and Section 1.2.A.1, SUMMARY, above. Provide
fabric in one-piece heights measured between top and bottom of outer edge of selvage knuckle
or twist. Comply with ASTM A 392, CLFMI CLF 2445, and requirements indicated below:
1. Steel Wire Fabric: Metallic-coated wire with a diameter of 0.148 inch.
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FLEMING TENNIS CENTER EXPANSION PROJECT
02821
Chain Link Fences and Gates
2.3 TENSION WIRE
A. General: Provide horizontal tension wire at the following locations:
1. Location: Extended along bottom of fence fabric at locations.
2. Location: Extended along top offence fabric at 6' high security fence with barbed wire.
B. Me~allic-Coated Steel Wire: O.l77-inch- diameter, marcelled tension wire complying with
ASTM A 817, ASTM A 824, and the following:
1. Metallic Coating: Type II, zinc coated (galvanized) by hot-dip process, with the
following minimum coating weight:
a. Class 2: Not less than 1.2 oz./sq. ft. of uncoated wire surface.
2.4 SWING GATES
A. General: Comply with ASTM F 900 for single and double swing gate types.
1. Metal Pipe and Tubing: Galvanized steel. Comply with ASTM F 1043 and
ASTM F 1083 for materials and protective coatings.
B. Frames and Bracing: Fabricate members from round, galvanized steel tubing with outside
dimension and weight according to ASTM F 900 and the following:
1. Gate Fabric Height: 2 inches less than adjacent fence height.
2. Leaf Width: As indicated on the drawings.
3. Frame Members:
a. Tubular Steel: 1.66 inches round.
C. Frame Comer Construction:
1. Welded or assembled with comer fittings and 5/16-inch- diameter, adjustable truss rods
for panels 5 feet wide or wider.
D. Extended Gate Posts and Frame Members: Extend gate posts and frame end members above
top of chain-link fabric at both ends of gate frame 12 inches as required to attach barbed wire
assemblies.
E. Hardware: Latches permitting operation from both sides of gate, hinges, center gate stops and
keepers for each gate leaf more than 5 feet wide. Fabricate latches with integral eye openings
for padlocking; padlock accessible from both sides of gate.
06/07
CHAIN-LINK FENCES AND GATES
02821 - 4
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FLEMING TENNIS CENTER EXPANSION PROJECT
02821
Chain Link Fences and Gates
1. Material above Finished Grade: Aluminum.
2. Material on or below Finished Grade: Copper.
3. Bonding Jumpers: Braided copper tape, 1 inch (25 mm) wide, woven of No. 30 A WG
bare copper wire, terminated with copper ferrules.
PART 3 - EXECUTION
3.1
EXAMINATION
A.
Examine areas and conditions, with Installer present, for compliance with requirements for a
verified survey of property lines and legal boundaries, site clearing, earthwork, pavement work,
and other conditions affecting performance.
1. Do not begin installation before final grading is completed, unless otherwise permitted by
Engineer.
2. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2
PREPARATION
A.
Stake locations of fence lines, gates, and terminal posts. Do not exceed intervals of 500 feet or
line of sight between stakes. Indicate locations of utilities, lawn sprinkler system, underground
structures, benchmarks, and property monuments.
3.3
INSTALLATION, GENERAL
A.
Install chain-link fencing to comply with ASTM F 567 and more stringent requirements
specified.
1. Install fencing on established boundary lines inside property line.
3.4 CHAIN-LINK FENCE INSTALLATION
A. Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in
firm, undisturbed soil.
B. Post Setting: Set posts in concrete at indicated spacing into firm, undisturbed soil.
1. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in
position during setting with concrete or mechanical devices.
2. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp
for consolidation. Protect aboveground portion of posts from concrete splatter.
a. Concealed Concrete: Top 2 inches below grade to allow covering with surface
material.
06/07
CHAIN-LINK FENCES AND GATES
02821 - 6
06/07
CHAIN-LINK FENCES AND GATES
02821 - 8
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FLEMING TENNIS CENTER EXPANSION PROJECT
02821
Chain Link Fences and Gates
3.5
GATE INSTALLATION
A.
Install gates according to manufacturer's written instructions, level, plumb, and secure for full
opening without interference. Attach fabric as for fencing. Attach hardware using tamper-
resistant or concealed means. Install ground-set items in concrete for anchorage. Adjust
hardware for smooth operation and lubricate where necessary.
3.6
GROUNDING AND BONDING
A.
Fence Grounding: Install at maximum intervals of 750 feet (450 m) except as follows:
1. Fences within 100 Feet (30 m) of Buildings, Structures, Walkways, and Roadways:
Ground at maximum intervals of 750 feet (225 m).
a. Gates and Other Fence Openings: Ground fence on each side of opening.
1) Bond metal gates to gate posts.
2) Bond across openings, with and without gates. Use No.2 A WG wire and
bury it at least 18 inches (460 mm) below finished grade.
2. Grounding Method: At each grounding location, drive a grounding rod vertically until
the top is 6 inches (150 mm) below finished grade. COImect rod to fence with No.6
A WG conductor. Connect conductor to each fence component at the grounding location.
B. Bonding Method for Gates: Connect bonding jumper between gate post and gate frame.
C. Connections: Make connections so possibility of galvanic action or electrolysis is minimized.
Select connectors, connection hardware, conductors, and connection methods so metals in direct
contact will be galvanically compatible.
1. Use electroplated or hot-tin-coated materials to ensure high conductivity and to make
contact points closer in order of galvanic series.
2. Make connections with clean, bare metal at points of contact.
3. Make aluminum-to-steel connections with stainless-steel separators and mechanical
clamps.
4. Make aluminum-to-galvanized-steel connections with tin-plated copper jumpers and
mechanical clamps.
5. Coat and seal connections having dissimilar metals with inert material to prevent future
penetration of moisture to contact surfaces.
3.7
FIELD QUALITY CONTROL
A.
Grounding-Resistance Testing: Owner will engage a qualified independent testing and
inspecting agency to perform field quality-control testing.
1. Grounding-Resistance Tests: Subject completed grounding system to a megger test at
each grounding location. Measure grounding resistance not less than two full days after