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Home My WebLink AboutBEAMS CONSTRACTING EASTVIEW PARK IMPROVEMENTS I I I I I I I I I I I I I I I I I I I SPECIFICATIONS .And CONTRACT DOCUMENTS FOR EASTVIEW PARK IMPROVEMENTS . Prepared for AUGUSTA RECREATION AND PARKS DEPARTMENT 2027 LUMPKIN ROAD POST OFFICE BOX 5605 AUGUSTA, GA 30916-5605 Prepared by JOHNSON, LASCHOBER & ASSOCIATES, P.C. o ENGINEERS 0 DESIGNERS o CONSULTANTS 0 LANDSCAPE ARCHITECTS 1296 Broad Street, Augusta, GA 30901 . TOC-1 K:1420801\Adl11inISpecsIFront-endICoveLdoc . I I I I I I I I I I I I I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 TABLE OF CONTENTS !Division Section Title . .-Pagesl SPECIFICATIONS GROUP INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS BID FORM. FORM OF AGREEMENT NOTICE TO PROCEED CONTRACTOR'S APPLICATION FOR PAYMENT GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS NOTICE OF AWARD 7 3 6 1 4 42 4 1 General Requirements Subgroup DIVISION 01 - GENERAL REQUIREMENTS 011000 SUMMARY 017300 EXECUTION 017700 CLOSEOUT PROCEDURES 3 7 5 Facility Construction Subgroup SEE CONTRACT DRAWINGS Facility Services Subgroup SEE CONTRACT DRAWINGS Site and Infrastructure Subgroup I DIVISION 2 - EARTHWORK 02300 . EARTHWORK I 02741 HOT MIX ASPHALT PAVING 8 7 I I I I I I I .1 I I I I I I I I I I I I I I Eastview Park Improvements Augusta~Richmond County Recreation and Parks SECTION 200 -lNSTRUCTIONS TO BIDDERS for Construction Contracts July 7,2008 TABLE OF CONTENTS ARTICLE 1 - DEFINED TERMS ARTICLE 2 - COPIES OF BIDDING DOCUMENTS ARTICLE 3 - QUALIFICATIONS OF BIDDERS ARTICLE 4 - EXA.MINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE ARTICLE 5 - PRE-BID CONFERENCE ARTICLE 6 - SITE AND OTIIER AREAS ARTICLE 7 - INTERPRETATIONS AND ADDENDA ARTICLE 8.- BID SECURITY ARTICLE 9 - CONTRACT TIMES " . ARTICLE 10 - LIQUIDATED DAMAGES ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS ARTICLE 12 - SUBCON1RACTORS, SUPPLIERS, AND OTIIERS ARTICLE 13 - PREPARATION OF BID . ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS. ARTICLE 15 - SUBMITTAL OF BID ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID ARTICLE 17 - OPENING OF BIDS ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CON1RACT ARTICLE 20 - CON1RACT SECURITY AND INSURANCE. ARTICLE 21 - SIGNING OF AGREEMENT ARTICLE 22 - SALES AND USE TAXES ARTICLE 23 - RETAINAGE ARTICLE 24- CONTRACTS TO BE ASSIGNED ARTICLE 25 - P ARTNERING C-200 Instructions to Bidders for Construction Contracts 00200 -1 I I I I I I I I I I I I I I I I I I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 ARTICLE 1 - DEFINED TERMS 1.01 . Terms used in these Instructions to Bidder!? have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office-- The office. from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDlNG DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and .for the deposit sum, if any; stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. The deposit is non-refundable. 2.02 Complete sets of Bidding Documents shall be used. in preparing Bids; neither Owner nor J:<:ngineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on: the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS . 3.01 The contractor must have a current building contractor's license in the State of Georgia and must have completed at least three (3) similar projects in Georgia within the last five (5) years. Veriiication information shall be available upon request . ARTICLE 4 - EXAMINATION OF BIDDlNG DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsuiface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of ph ysica 1 conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be madeavailable by Owner to any Bidder on request ,Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such draWings. 4.02 Underground Facilities C-200 Instructions to Bidders for. Construction Contracts 00200 - 2 ~ I I I I I I I I I I I I I I I I I I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to theSite is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. 4.03 HazardouS Environmental Condition. A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in prepanng the Bidding Documents. B. Copies ofreports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports arid drawings are not part of the Contract Documents, but the "technical data" contained therem upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning'responsibilities for the adequacy of data furnished to prospective Bidders with . respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deernsnecessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility 10cates: 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be pefformed at the Si~e by Owner or others (such as utilities and other prime contractors) th(;j.t relates to the Work contemplated by these Bidding Documents. On request, OWner will provide to each Bidder for examination access to or copies. of Contract Documents (other than portions thereof related to price) for such other work . 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefu11y study the Bidding Documents, the. other related data identified in the Bidding Documents, and any Addenda; B. visit the Site and become familiar with and satisfy Bidder as to the general, 10cal, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and 10cal Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous tothe Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions. at the Site which have been identified in the Supplementary Condltions as provided in Paragraph 4.06 of the General Conditions; C-200 Instructions to Bidders for Construction Contracts 00200 - 3 I '1 I I I I I I I I I I I I I I I I 1 Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 E. obtain and carefully study (or accept consequences of not doing 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 r which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction . expressly required by the Bidding Documents, and safety precautions and pro grains incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the pnce(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; . H. correlate the informatio? known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. . 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement o~this Article 4, that without exception the Bid is premised upon performing and fuInishing the Work required by the rBidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engin~er written notice of all conflicts, . errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for' performing and furnishing the Work. . ARTICLE 5 - PRE-BID CONFERENCE 5.01 .!'>- pre-Bid conference will be held at the Augusta-Richmond County Purchasing Department. Representatives of Owner and Engineer wil1 be present to discuss the Project. Bidders are encouraged to have major subcontractors attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing .facilities are to be. obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additionallands and access thereto required for temporary constrUction faciJities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 -lNTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by C-200 Instructions to Bidders for Construction Contracts 00200 - 4. I I I I I I I I I I I I I I I I '1 I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications wil1 be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY Bids must be accompanied by a bid bond and in an amount not less than 10% of the base bid. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, [Milestones are to be achieved and] the Work is to be substantially completed and ready for final payment are setforth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, wil1 be on the basis of materials and equipment specified or described in the Bidding Documents without consideration ofpossible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS,.AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted'to Owner in advanc;e of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner. a list ~f all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, . 12.02 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID "13.01 'f!1e Bid Form is included with the Bidding Documents. C-200 Instructions to Bidders for Construction Contracts 00200 - 5 I I I I I I I I I I I I I I I I I I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form A Bid price shall be indicated for each listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered. 13.03 A Bid by a corporation shall be executed. in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 All names shall be typed or printed in ink below the signatures. 13.05 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form 13.06 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do 1msiness in the state where the Project is 10cated or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Lump Sum A. Bidders shall submit a Bid on a Lump Sum basis as set forth in the Bid Form. ARTICLE 15 ~ SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in all opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied other required documents. ARTICLE 16 - MODIFICATION AND wrTHDRA W AL OF BID " 16.01 A Bid 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 prior to the date and time for the opening of Bids. ARTICLE 17 - OPENlNG OF BIDS 17.01. Bids will be opened publicly and readout 10ud. An abstract of the Bids will be made available to Bidders after the opening of Bids. C-200 Instructions to Bidders for Construction Contracts 00200 - 6 I I I I I I I I I I I I I I I I I I I Eastview Park Improvements Augusta-Richmond CoUnty Recreation and Parks July 7,2008 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance f~r the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner may also reject the Bid if Owner believes that it would not be in the best interest of the Project to make an award. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND lNSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNlNG OF AGREEMENT 21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. The Notice of Award will be issued within 75 days after the day of the Bid opening. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - SALES AND USE TAXES 22.01 Owner is not exempt from GA state sales and use taxes on ~terials and equipment to be incorporated in the Work. ARTICLE 23 - RETAINAGE 23.01 Provisions concerning Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE 24 - CONTRACTS TO BE ASSIGNED OMITTED ARTICLE 25 - P ARTNERING OMITTED. C-200 Instructions to Bidders for Construction Contracts 00200 - 7 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 I SECTION C-410 Bid Form for Construction Contracts BID FORM I Eastview Park Improvements I Contract Identification Number 42.0801 TABLE OF ARTICLES I Page Article 1 - Bid Recipient .......... .... ..... ....... .......... ...... ...... ................ ............ ......... .................. .... ........ .............. .............. .............. ... ...... J I Article 2 - Bidder's Acknowledgements ......... ........ ...... ...... ... ......... ... ....... ....: ...... .... .... ...... .................. ..:....... ........................ ............. 1 I Article 3 - Bidder's Representations.................. ..:......... ......... ............ ....... ....... ........:........... .............. ... ..... .............. ............... .............. 1 Article 4 - Further Representations. ................... ........... ....... ....... ........ ....... ......... ............... ............... ...... ... ................. ..... .................... 2 I Article 5 - Basis of Bid ................................................................................,........................................................................................ 2 Article 6 - Time of Cornpletion ........................................................................................................................................................... 3 I Article 7 -.Attachments To This Bid ................................................................................................................................................... 3 Article 8 - Defined Terms....... .... ..'... ..:..... ................................. ....... ....... ....................... ............. .... ........... ......,. ............ ............. ......... 3 I Article 9 - Bid Submittal...................................................................................................................................................................... 3 I I I I I I I I' C-410 Bid Form for Construction Contracts I Pagei I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 I ARTICLE 1 - BID RECIPIENT I 1.01 This Bid is submitted to: I Geri A. Sams Augusta-Richmond County Purchasing Department 530 Greene Street - Room 605 Augusta, GA 30911 I 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidcling Documents to perform all Work as specified or indicated in the Bidcling Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. I I ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Ins1ructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. . I I ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: I A. Bidder has examined and carefully studied the Bidcling Documents, the other related data identified in the Bidcling Documents, and the following Addenda, receipt of which is hereby aclmowledged. I Addendum No. Addendum Date . I I B. Bidder has visited the Site and become familiar with and is satisfied as to the general, 10cal and Site conditions that may ~ffect cost, progress, and performance of the Work. C. Bidder 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. I I D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physlcal conditions in or relating to existing surface or subsurface s1ructures at or contiguous to the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditioi:1s that have been identified in SC-4.06. ) I E. Bidder has obtained and carefully studied (or accepts the consequences for not doing 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 cons1ruction to be employed by Bidder, inclucling applying the specific means, methods, techniques, sequences, and procedures of cons1ruction expressly required by the Bidcling Documents to be employed by Bidder, and safety precautions and programs incident thereto. . I I C-410 Bid Form for Construction Contracts 00410 -1 I ~. I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 I I F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price( s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder 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 Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and draWings identified in the Bidding Documents, and all additional examinations,. investigations, explorations, tests, studies, and data with the Bidding Documents. I I L Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. I J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. I K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement ARTICLE 4 - FURTHER REPRESENTATIONS I 4.01 Bidder further represents that: I A this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; I C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. I ARTICLE 5 - BASIS OF BID I, 5.01 Bidderwill complete the Work in accordance with the Contract Documents for the following price(s): The cost of all Work other than Unit Price Work shall be determined as provided in Paragraph 11.01 of the General Conditions plus, for all Unit Price Wark, the amounts indicated below: . I Bidder will complete the WORK for the following BASE BID TottI Lump Sum: (words) ($ (numerals) I I I I I I C-410 Bid Form for Construction Contracts 00410 - 2 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I ARTICLE 6 - TIME OF COMPLETION July 7,2008 6.01 Bidder agrees that the Work will be substantially complete within 45 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and will.be completed and ready for final payment in accordance with Paragraph 14.07.B of the General Conditions witlm160 calendar days after the date when the Contract Times commence to run I I 6.02 :Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. I ARTICLE 7 - ATTACHMENTS TO TillS BID 7.01 The following docurnentsare attached to and made a condition of this Bid: I A. List of Proposed Subcontractors I B. List of Proposed Suppliers ARTICLE 8 - DEFlNED TERMS I 8.01 The terms used in this Bid with initial capitalletters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. I ARTICLE 9 - BID SUBl\1ITTAL 9.01 This Bid submitted by: I A Corporation I Corporation Name: (SEAL) I State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature - attach evidence of authority to sign) I Name (typed or printed): I Title: (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) I Date of Qualification to do business in in the Sate of Georgia is _ "- ,,-. I I 1- C-410 Bid Form for Construction Contracts 00410 - 3 I I I I I I I I I I I I I I I I I I .1 I This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By [insert seals] PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General [ seal] Contractors of America Construction Specifications Institute [ seal] This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the Construction Contrac,t (No. 1910-8, 1996 Edition). Their provisions are interrelated, anda change in one may necessitate a change in the other. The suggested language for instructions of bidders contained in the Guide to the Preparation of Instructions to Bidders (No. 1910-12, 1996 Edition) is also carefully interrelated with the language oftbis Agreement. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). See also Guide to the Preparation of Supplementary Conditions (No. 1910-17, 1996 Edition). EJCDC No. 191O-8-A-1 (1996 Edition) I I I Note to User I Certain states and federal agencies require provisions in public contracts which permit Contractors to deposit acceptable securities with Owner or a stakeholder in lieu. of retainage. Many Owriers will not accept this procedure except where required by Laws or Regulations. In the event such a procedure is required, the provisions of this Agreement and possibly those of the other Contract Docmnents dealing with retainage should be amended, and an attorney should be consulted to prepare the revised language. Among the issues to be addressed by such language are: initial and subsequent valuations of the securities, right to withdraw excess collateral and obligation to deposit additional collateral as market value changes, who is entitled to interest and dividends on deposite.d collateral, responsibilities of stakeholder, may collateral be freely sold in the event of Contractor default and method of such sale, and application of Uniform Cormnercial Code and state and' federal security laws to the arrangement I I I I I I I I I I Copyright@ 1996 I National Society of Profess iona 1 Engineers 1420 King Street, Alexandria, VA 22314-2715 I American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 I American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 I I I I Introduction I This Agreement between O\Vller and Contractor on the Basis of a Stipulated Price ("Agreement") has been prepared for use with the,Guide to the Preparation of Instructions to Bidders ("Instructions") (No. 1910-12, 1996 Edition) andwith the _ Standard General Conditions of the Construction Contract ("General Conditions") (No. 1910-8, 1996 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Construction Related Documents ("Commentary") (No. 1910-9, _ 1996 Edition). For guidance in the preparation o(Supplementary Conditions and coordination with Instructions to Bidders, see Guide to the Preparation of Supplementary Conditions ("Supplementary <::;onditions") (No. 1910-17, 1996 Edition). See also Guide to Preparation of the Bid Form ("Bid. Form") (No. 1910-18, 1996 Edition). The EJCDC has not prepared a suggested form of Advertisement or Invitation to Bid because such documents will vary widely in response to statutory requirements. I I I This form and the other Bidding Documents prepared and issued by the EJCDC assume acceptance of the Project Manual concept of the Construction Specifications Institute which provides for an organizational format for location of all bound documentary information fora construction project, namely: Bidding Requirements (which term refers to the Advertisement or Invitation to Bid, the Instructions, and any bid form that may be suggested or prescribed, all of which provide information and guidance for all Bidders) and the Contract Documents (defined in Article 1 ofJhe General Conditions), which include the Agreement, Bonds and Certificates, the General Conditions, the Supplementary Conditions, the Drawings, and the Specifications. The Bidding Requirements. are not considered part of the Contract Documents because much of their substance pertains to the relationships prior to the award of the Contract and has little effect or impact thereafter and because many contracts are awarded without going through the bidding process. In some cases, however, the actual Bid may be attached as an exhibit to the Agreement to avoid extensive retyping. (The terms "Bidding Documents" and "Bidding Requirements" are defined in Article 1 of the General Conditions.) The Project Manual concept is explained in the Manual of Practice issued by the Construction Specifications Institute. I I I . Suggested language is presented herein with "Notes to User" to assist in preparing the Agreement. Much of the language should be usable on most projects, but modifications and additional provisions will often be necessary. The suggested language has been coordinated with the other standard forms produced by the EJCDC. When modifying the suggested language or writing additional provisions, the user must check the other documents thoroughly for conflicts and coordination of language usage and make appropriate revisions in all affected documents. I I For brevity, referenced paragraphs of the Instructions to Bidders with the prefix "I," those of the Bid Form with the prefix "BF," and those of this Agreement with the prefix "A." . I Refer- to Contract Documents Bibliography (No. 1910-24, 1996 Edition), which will be helpful in preparing the Agreement, and see in particular the discussions in EJCDC's Recommended Competitive Bidding Procedures for Construction Projects ("Bidding Procedures")(No. 1910-9-]), 19S7 Edition) by Robert J. Smith, P.E., Esq., on the particular paragraphs of which frequent reference is made below. I I NOTES: 1. -. EJCDC publications may be ordered from NSPE headquarters at 1420 King Street, Alexandria VA 22314-2715; or ACEC headquarter~ at 1015 15th Street NW, Washington DC 20005; or ASCE headquarters at 345 East 47th Street, New York NY 10017- 2. CSI publicati~ns may be ordered from CSI headquarters at 601 Madison Street, Alexandria VA 22314. 3. AIA publications may be obtained from most local AIA chapter offices or by writing to AIA headquarters at 1735 New York Avenue NW, Washington, DC 20006. 4. The Associated General Contractors of America has a series of construction related documents which may be of interest. The AGC's Publications and Services Catalog may be obtained from AGC headquarters at 1957 E Street NW,Washington, DC 20006. I I I I I III I I I I I I I I I I I I I I I I I I EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE :BASIS OF A STIPULATED PRICE Tms AGREEMENT is by and between Augusta Recreation and Parks Department (hereinafter called OWNER) and . .- (hereinafter called CON1RACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: New asphalt paved walking track and associated site work ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Docunients may be the whole or only a part is generally described as follows: Eastview Park Improvements ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Johnson, Laschober and Associates, Pc. 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. ARTICLE 4 - CONTRACT TIMES 4.01 Time afthe Essence 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. 4.02Dcrys to Achieve Substantial Completion and Final Pcryment A. The Work will be substantiaJ.ly completed in accordance with paragraph.2.03 of the General Conditions on or before 45 days after the notice to proceed. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss 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 parnes also recognize the delays, expense, and difficulties 00500-1 1 I I 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 wii:hll:! the Contract Time or any proper extension thereof granted by OWNER, CON1RACTOR 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 Workis completed and ready for final payment. I ,I ARTICLE 5 - CONTRACT PRICE I 5.01 OWNER shall pay CON1RACTOR 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 5.0 LA,S. 0 1.B, and 5.01. C below: Contract Lump Sum Amount $ I All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. I B. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. I ARTICLE 6 - PAYMENT PROCEDURES I 6.0 1 Submittal and Processing of Payments A. CON1RACTOR 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. I 6.02Progress Paymen.ts; Re'tainage I 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: I I I 1. Prior to Substantial Completion, progress payments will be made in an amount e~ual 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: 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 arid ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to thein, 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 . I I 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CON1RACTOR 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: I 1 00500-2 I I I I I I I I I I I I I I I I I I I r 6.03Final Payment 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. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the followingrepresentations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CON1RACTOR 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. 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. D. CON1RACTOR 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 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 Cohtract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 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 Documents. G. CONTRACTOR has correlated the information known to CON1RACTOR, 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. 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. 1. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - MISCELLANEOUS 8.01 Any disposal of the solid fill shall meet or exceed 10cal 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 meallings indicated in the General Conditions. 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 00500-3 I I 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. 1 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. . I ARTICLE 9 - CONTRACT DOCUMENTS I 9.01 Contents I A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6, inclusive); 1 2. Exhibits to this Agreement Bid Form 3. Notice of Award I 5. General Conditions (pages 1 to 42, inclusive); I 6. Supplementary Conditions (pages 1 to 4, inclusive); 7. Specifications consisting of Divisions 01 and 02 as listed in the table of contents thereof 1 8. Drawings consisting of a cover sheet and sheets numbered CS.l through C20 1, inclusive, with each sheet bearing the following general title: I, CS.1 COOl CI01 C201 Cover Sheet Existing Conditions PIan Site Plan Miscellaneous Notes and Details 1 9. Addenda 1 10. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed, inclusive; I b. CONTRACTOR's Bid, inclusive; I 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; I b. Work Change Directives; c. Change Order(s). I B. The documents listed in paragraph9.01.f,.. are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. I I 00500-4 I I D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. I ARTICLEIO-MITSCELLANEODS I 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. I 10.02 Assignment of Contract I 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. I I 10.03 Successors and Assigns A. . OWNER and CON1RACTOR 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. I 10.04 Severability I 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. I 10.05 Consent to Jurisdiction 1 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. . - I 10.06 Retainage A. Notwithstanding any proVISIOn of the law to the contrary, the parties agree that no interest shall be due CON1RACTOR on any sum held as retainage pursuant to this Agreement and CONTRACTOR specifically waives any claim to same. 1 I . IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CON1RACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. I I This Agreement will be effective on ~ \L , ~ (which is the Effective Date of the Agreement). OWNER: CON1RACTOR: I I 00500-5 ~, ~~~"o I I~~.. I By LA I I I I I I I I 1 I I 1 I I I I ~)"'<lty;...g:RGlt~V'.~~';" 'l"Q. "~,~:"z.,..r-',:~,~ ;a~~t-"'Yi;;.~~~l~"" (If 0 WNER is a corporation, attach evidence of authority to . sign. If OWNER is a public body, attach evidence of authority to sign and ~esolution or other docwnents authorizing execution of OWNER-CONTRACTOR Agreement.) Designated Representative: Name: Title: Address: Phone: Facsimile: 00500-6 By: 13~~~ ~LWC- ~'. " Attest [CORPORATE SEAL] 0J kl d '^-- ~ ~~ ~~_,.; ,~ . -,; Address for giving notices: 2- ~?C;- ~ \c- f4,~ ~ -nLANl> I ~ -zqb~ License No. ~ \ D~ 0 (Where applicable) Agent for servi~e of process: j,J I ~urr1~~ (If CON1RACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: \;J. ~u;;n-- ~> P~I~ z..:~~~ Pm>M\c... ~ ~ T~pJt:>, ~ z-~BtZ- ~ed;) 6Z1-0J~ L~~) 82.-1 - ,<gb~ Title: Address: Phone: Facsimile: 1 1 1 I 1 I I I 1 I I 1 I I 1 I I 1 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 SECTION C-550 NOTICE TO PROCEED Notice to Proceed Dated Project: Eastview Park Improvements lowner: Augusta-Richmond County Recreation land Parks . Contract: Engineer's Project No.: 42.0801 Contractor: Contractor's Address: [send Certified Mail, Return R;:ceipt Requested] You are notified that the Contract Times under the above contract will commence to run on_. On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the number of days to achieve Substantial Completion is 45, and the number of days to achieve readiness for fmal payment is 60. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. . r Also, before you may start any Work at the Site, you must [add other requirements]: Owner Given by: Authorized Signature Title Date. 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GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT C-700 Standard General Conditions of the Construction Contract. 00700:- 0 I I 1 1 1 I I I 1 I I I I 1 I 1 1 I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGlNEERS JOlNT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By ----- ACEC fi National Society of . Professional Engineers Professional Engineers in Private Practice JlSI'I! American Society ~ "Iii of Civil Engineers ltM.ERIG....N COUNCIl. OF ENGI!'<"F.ERJNG COMl'ANlF-'i: PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the . NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of AmerIca ~ Knowledge for Creating and Sustaining the 8unt Environment Construction Specifications Institute. .C-700 Standard General Conditions of the Construction Contract. 00700 - 1 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 I .1 I 1 I I 1 1 Copyright @2002 .1 National Society of Profess iona 1 Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 1 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 1 1 1 1 I These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their USage are contained in the EJCDC Construction Documents, General and Instructions (No. C-OOl) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation ofSupplementary Conditions (No. C-800) (2002 Edition). . 1 1 TABLE OF CONTENTS Page C-700 Standard General Conditions of the Construction Contract. 1 ,00'700"2 . . I 1 1 1 1 1 I 1 I I 1 I 1 1 1 1 1 I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 6.11 Use of Site and Other Areas........................................... ARTICLE 1 - DEFINITIONS AND TERMINOLOGY........................6..12.........Re.car.dD.o.cuments.........................................6............... 1.01 Defined Terms. .......................... ....................... ........ .......... .6..13........ .Safet}1.and.Pr.atectioll.. ............................. ..... 6............... 1.02 Terminology ............................... ............................. .......... .6..1A......... Safet}1.R.epr.esentativ.e. .............. .....................8............... ARTICLE 2 - PRELIMINARY MATTERS... ...................................... .6..15......... Hazard. Ca7:1:1JmlJ'1ication Erogr.ams................9............... 2.01 Delivery of Bonds and Evidence of Insurance ...................6_.1.6.........Er.h.er.gen.cies...................................................9............... 2.02 Copies of Documents ........................... ................... ....... ... .6..1.7......... Shop. Dr:awings .and.Samples.. .... ...................9............... 2.03 Commencement of Contract Times; Notice to 6.18 Continuing the WOI~k ..........................:.........................:. Proceed 9 6.19 Contractor's General Warranty and 2.04 Starting the Work..... ............................. ..:....... .................. .Guar.antee... ............................... ........... ...................... ...9 ......... ...... i05 . Before Starting Construction .............................................6.2D.........hu1emnifi.catwn..............................................9............... . 2.06 Preconstruction Conference........ .......... .................. .......... .6.2.1....:.. .. Delegatimi:afPr.ojess.ianal.Design. Ser.vices. .9....... ........ 2.07 Initial Acceptance of Schedules................................ ... .ARTICLE.1.~. .ol'HERW.oRKA T. THE.SITE.. .......... .,...9............... ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, 7.01 Related Work at Site....................................................... AMENDING, REUSE ..................................... ..... ..................... .......... ..7.D2......... CaardiJ2atioll................................... .... ........10............... 3.01 Intent ................................................................................. J.D3...... ...Legal. Relatial1Ships....:. ............ .............,'. ....10...... ......... 3.02 Reference Standards..................................................... ARTICLE. L. .oWNER~ S. RESP.ONSIBIUTIES.... .:~:. ...1 0............:.. 3.03 Reporting and Resolving Discrepancies ........................... B.D.1......... Cam=ica1io.r.JS. to. Cantra.cwr.... ................10............... 3.04 Amending and Supplementing Contract 8..02 Replacement of Engineer ............................................... Documents.................... .............................................................. ...... .8-D3........ .F.urnish Data ............................. ................ ..11............... 3.05 Reuse of Documents .................:............................... ......... B.DA....... ..Pay..Wh.en. Due.............. ............... .............. ..11....... ........ 3.06 Electronic Data ...... ........................................................... B.D5.........Lmuls .and.Eas.em.ents;.Repor.ts. mulI.ests... .11............... ARTICLE 4 - AVAILABILITY OF LANDS; 8.06 Insurance .............:......................................................... SUBSURFACE AND PHYSICAL CONDITIONS; 8.07 Change Orders............................................................... HAZARDOUS ENVIRONMENTAL CONDITIONS; 8.08 Inspections, Tests, and Approvals .................................. REFERENCE POINTS ....... .......... ............ ................. .................. ......... B.D9...... ...L.imitatial1S. on. Ow.nel:.'s .R.es.p'O.r.JSibilities.....ll.... ........... 4.01 Availability of Lands ..,.................................. ....................B..ID.........Undiscl.osedHazar.daus.EnvironmentaI......ll 4.02 Subsurface and Physical Conditions................................. Condition....... ..... ........... ............................. .......... .......12............... 4.03 Differing Subsurface or Physical Conditions....................B..1.1.........Evidence.afEinmu:ial.Arr.angem.ents..........12............... 4.04 Underground Facilities... ..................... ................... ...... ARTICLE. 9. ~. ENGINEER'.s.STAT.US .DURING.. ....... .13 4.05 Reference Points....................... .................................. ...cONSTRUCTION.............................. ......... .... ............ ....13......... ...... 4.06 Hazardous Environmental Condition at Site ....................9.D.1.......:.0w.nel:.'s.Repr.eser.ztativ.e..............................13............... ARTICLE 5 - BONDS AND INSURANCE ........................................9.D2.........J!isits.to.Site.................................................lA............... 5.01 Performance, Payment, and Other Bonds .........................9_D3.........Praject.Repr.eseJ.1.tativ.e................................lA....~......... . 5.02 Licensed Sureties and Insurers............... .......................... 9.DA........ .Autharized. Variatians.m..Wark.................. .15............... 5.03 Certificates of Insurance................ ............................. ..:... 9_D5........ . Rej.ecting Dejective. H!or.k............ ......... ...... .15............... 5.04 Contractor's Liability Insurance.............................. ......... 9.D.6. ~...... . Shop. Dr.a.wings, .CJumg.e. Orders. and...... .....15 . 5.05 Owner's Liability Insurance .............................................Payments2.8.................................................................16 5.06 Property Insurance........... ...... .................................... ...... 9.D.7........ . Determinatwns. !or..uniJ. Erice. H!or.k:..... .... .16............... 5.07 . Waiver of Rights................................................................9.DB.......:.Decisions.an.Requir.ements..ojContr.act......17 5.08 Receipt and Application of Insurance Documents and Acceptability of Work........................................... Proceeds 17 9.09 Limitations on Engineer's Authority and 5.09 Acceptance of Bonds and Insurance; Option Responsibilities .............................................................................. . to Replace. ........:.....................................:................ ......... .:........... ARTICLE. 1 O.~. .cHANGES. lli..THE. WO.Rl(;. CLAIMS. 17 ............... 5.10 Partial Utilization, Acknowledgment of 10..91 Authorized Changes in the Work ................................... Property Insurer........ ................................. ................... ............. ...... ..1D.D2..... .Unauthor.ized. Changes .in. the. Work..........: .18....... ..:..... ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ......................1D.D3.......Ex.ecutian.afChange'Or.ders.......................18............... . 6.01 Supervision and Superintendence ........... .......... ..................1D.DA.......Natificatian. to. Sur.ety.............................. .....18............... 6.02 Labor; Working Hours.................... ................................... .1.0.D5....... Claims................ .......... ...... ....... ............ .... ...18............... 6.03 Services, Materials, and Equipment..............................ARTICLE.1 L..cOSI'OF..THE.WORK.;.........................18 6.04 Progress Schedule.............. ...... ............................... ......ALLOW.AN.CBS; .uNIT. PRICE WORK.... ................... .18............... 6.05 Substitutes and "Or-Equals"..................................... ...... ..1.LDJ....... Cast.o! th.e. .Wo.rk........ ................ ....... ...........19............... 6.06 Concerning Subcontractors, Suppliers, and 11.02 Allowances ................:....,............................................... Others 20 11.03 Unit Price Work ............................................................. 6.07 Patent Fees and Royalties .............................................ARTICLE.12.~..cHANGE.0E.CONIRACT.PRlCE;.....21 u.08 Permits .......,.................................:.................. ...............cHANGE.OE.CONIRACT.II11ES...............................21............... 6.09 Laws and Regulations. .............. ... ... ..... ... .... .... ... ....... .........12.D.1.... ... Change..of.Contr.act.Pr.ice.. ..... ........ ........ .... .21............... 6.10 Taxes .... ................ ......... ... ...... .... ................. .... ... ....... ...... ..12D2.... ... Change.of.Contr.act.';rimes.... ........ ........ .......22.. ..... ........ C.700 Standard General Conditions of the Construction Contract. 00700" 3 1 1 1 1 I 1 I I I 1 1 I 1 I I I I I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 12.03 Delays .......................................:........................................................................................... .................................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ..........................................................................................................................................................~.......33 i~:~; ~~:;: % ft;%~~.:: ::::: ::: :::::::: :::: ::::: ::::::::: ::: ::: :::: ::::::: ::::: ::::::::: :.:.::::: :::::: :::::: ::::: ::::::::: ::: ::::::~:::: :::: ::::: :::::::::::: ::::: ::::: :::~~ 13.03 Tests and Inspections ........................................................... ......................................... ........................................ .33 13.04 Uncovering Work ................. .................................................................... .........~..........:...... ............. ....... .......... .....34 13.05 Owner May Stop the Work ..........................~...................................................:......................................................34 13.06 Correction or Removal of Defective Work................................................................................:............................34 13.07 Correction Period .:..................................................................... _..................... ...c.:.... ....... ,.......................... .........34 13.08 Acceptance of Defective Work..............,.............................................................................. ......... ....................... ..35 13.09 Owner May Correct Defective Work......................................................................................,...............................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ................................................................ ...........................................................................................................36 14.01 Schedule. of Values....... ............................................... .:.............:....................... ............... ..... ............. ........ ......... ..36 14.02 Progress Payments................................ ........................................................................... ..................................... ..36 14.03 Contractor's Warranty of Title .................... .:............................................... ..................................... .......... ......... .37 14.04 Substantial Completion......... ~........................................ ........... ............................................... ...... ............. ........... 37 14.05 Partial Utilization........:........................ ................. ............. .................... ............. ............................. .....................38 14.06 Final Inspection ... .................... .:.......... .....:.................. ................................................. .......... ................... ............38 14.07 Final Payment. ...... ............................................... ...... ..... ...................................................... ...................... ............38 14.08 Final Completion Delayed................................... .:-:............................... .......... .:............. .... ...... :....... ................... ..39 14.09 Waiver of Claims......................................................................................... .... ............................................... .... ....39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .........................................................:...... ..................... ..................... ..............................................................39 15.01 Owner May Suspend Work..... ...................................... .......... ................................................... ........ ................... ..39 15.02 Owner May Terminate for Cause.............. ..................... ............. ........................ ......... ......... .......... ............ ....... ....39 15.03 Owner May Terminate For Convenience...........................................:....................................................................40 15.04 Contractor May Stop Work or Terminate ...... ..................................................................,.....................................40 ARTICLE 16 - DISPUTE RESOLUTION :....................... ..'. ................................ .....................................................................41 16.01 Methods and Procedures............................................................. ........... ................................. .......... ......:........... ..41 ARTICLE 17 - MISCELLANEOUS ................................:........................................................................................................41 17.01 Giving Notice.............. ..................... ................................ ......... ............... .:..... .... ...... ~:... :...... ...:....... ........... .:...... ...41 17.02 Computation of Times... ............................................... ................................:..... .......... ........ ............ .......... .......... ..41 17.03 Cumulative Remedies ............................................... ........................................................................ .......:............: ..41 17.04 Survival of Obligations .......:................... ....... ..:......................................... ............................................................41 17.05 Controlling Law............................................. ... ,........................................................ ..............:.............................41 17.06 Headings. ....... ......... ....... ........ ........ ........ .... ............... ...... .... ...... ........ ........ ........ ......... .....41 ' C-700 Standard General Condifions of the Construction Contract. 00700-4 . I Eastview Park Improvements Augusta~Richmond County Recreation and Parks 1 GENERAL CONDITIONS 1 ARTICLE 1 - DEFINITIONS AND TERMINOLOGY I 1.01 Defined Terms I A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital .letters, the terms l~sted below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. I 1 1. Addenda-- Written or graphic instruments issued prior to the opening of Bids which clarifY, correct, or change the Bidding Requirements or the proposed Contract Documents. 1 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 1 1 - 3. Application for Payment-- The form acceptable to Engineer which is to be used by Coritractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. I I 4. Asbestos--Any material. that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the ,air above current action levels esta~lished by the United States Occupational Safety and Health Administration. 1 5. Bid-The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1 6. Bidder-- The individual or entity who submits a Bid directly to Owner. . 1 7. Bidding Requirements and the (includip.g all Addenda). Documents-- The Bidding proposed Contract Documents .1 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid. Form with any supplements. 1 1 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work July 7,2008 or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertio'n by Owner or Contractor seeking an adjustment of Contract Price or Contract Tinies, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract-- The entin~ and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of ~the items listed in the. Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantiai Completion; and. (iii) com- plete the Work so that it is ready for fmal payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor-- The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work--See Paragraph 11.01.A for definition. 17. Drawings-- That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. ' . 18. 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. 19. Engineer--The individual or entity named as such in the Agreement. I C-700 Standard General Conditions ofthe Construction Contract. 00700 - 5 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I 20. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. I 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. I 22.' Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances .that may present a substantial danger to persons or property exposed thereto in connection with the Work. I I I 23. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 tJSC Section 6903) as amended from time to time. 1 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. I 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 1 I 26. Milestone--A principal event specified ill the Contract Documents relating to .an intermediate .comple- tion date or time prior to Substantial Completion of all the Work. I 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owller will sign' and deliver the Agreement. ' 1 1 28. Notice to Proceed~-A Written notice given by Owner to Contractor fixing the date on which the Con- traCt 'Times will commence to run and on which Contractor shall start to perform the W otk under the Contract Documents. I 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom . the Work is to be performed. I 30. PCBs--Polychlorinated biphenyls. I 31. Petroleum-Petroleum, including crude oil or any fraction tllereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and' 14.7 pounds per square inch absolute), such as oil, petroleurn, fuel oil, oil sludge, oil refuse, gasoline, 1 July 7, 2008 kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual-- The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- ar, or byproduct material as defmed by the Atomic Energy Act of 1954 (42 USC Section 2011et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative-- The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and . which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements .to support scheduled performance of related construction activities~ 40. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings--All drawings, diagrams, . illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. I C-700 Standard General Conditions of the Construction Contract. 00700 - 6 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I 42. Site-Lands or areas indicated. in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, imd such other lands furnished by Owner which are designated for the use of Contractor. I I 43. Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. I I 44. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. I. 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof). can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. I I I I 46. Successful Bidder-- The Bidder submitting a responsive Bid to whom Owner makes an award. I 47.. Supplementary Conditions-- That part of the Contract Documents which amends or supplements these General Conditions. I 48. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to pe incorporated in the Work by Contractor or any Subcontractor. 1 49. Underground Facilities--All underground . pipelines, conduits, ducts, cables, wires, rnanholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, - wastewater, storm water, other liquids or chemicals, or traffic or other control systems. I I I 50. Unit Price Work--Work to be paid for on the basis of unit prices. . I 51. Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes July 7, 2008 and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all Ipaterials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the. Work, or responding to differing or unforeseen subsurface or physical conditions. under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or. documented by a Work Change Directive will be incorporated in a subsequently.issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of . professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is in~ended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "dai' means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1 C-700 Standard General Conditions of the Construction Contract. 00700 - 7 1 Eastview Park Improvements Augusta-Richmond County Recreation and Parks I 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: 1 a. does not conform to the Contract Documents, or I b.. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or I c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). I 1 E. Furnish, Install, Peiform, Provide I 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified 10cation) ready for use or installation and in usable or operable condition. I 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials,. or equipment complete and ready for intended use. I I 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. I 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context' clearly requiring an obligation of Contractor, "provide" is implied. I F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 1 I ARTICLE 2 - PRELIMINARY MATTERS I 2.01 DelivelY of Bonds and Evidence of Insurance I A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. I July 7,2008 B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certlficates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner iespectively are required to purchase and maintain in accordance with Article 5. .2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten~ printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost ofreproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, 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 30 days after the Effective Date of the Agreement In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit. applicable to each item of Work. 1 C-700 Standard General Conditions of the Construction Contract. 00700 - 8 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 2.06 Preconstruction Conference I . A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working . understanding among the parties as to the. Work and to - discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. I I 2.07 Initial Acceptance of Schedules I A. At least 10 days before submission of the fIrst Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Baragraph 2.G5.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1 I 1 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for. sequencing, scheduling, or progress of the Work nor interfere with or .relieve Contractor from Contractor's full responsibility therefor. I. I 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. I I 3. Contractor's Schedule of Val1ieswill be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. I ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE I 3.01 Intent I A. The Contract Documents are complementary; what is required by one is as binding as if required by all. I B. It is the intent of the Contract Documents to describe a functionally complete Proj ect (or part thereof) . to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade I July 7,2008 usage as being required to produce the intended result will be provided whether or not specifIcally called for at no additional cost to Owner. C. ClarifIcations and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, SpecifIcations, Codes, Laws, and Regulations 1. Reference to standards, specifIcations, manuals, or codes of any tecbnical society, organization, or association, or to Laws or Regulations, whether such reference be specific or. by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifIcally stated in the . Contract Documents: 2. No proVISIon of any such standard, specifIcation, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or'Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any auty or authority to supervise or diiect the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the p~ovisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully s~dy and compare the Contract Documents and check and verify pertinent fIgures therein and all applicable fIeld measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or. clarifIcation from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ~ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the perfo,rmance of the Work or of any standard, specification, manual or I C-700 Standard General Conditions oftbe Construction Contract. 00700 - 9 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. I I 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, 'or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. I I B. Resolving Discrepancies I 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: I a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by. reference in the Contract Documents); or 1 I b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). I 3.04 Amending Documents and Supplementing Contract I A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. I I B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways; I 1. A Field Order; I 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or I 3. Engineer's written interpretation or clarification. I July 7,2008 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any. title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, J other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B: The prohibition of this Paragraph 3.05 will survive fmal payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents foyrecord purposes. . 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files aJ?d the hard copies;1:he hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform . acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring . party makes no representations as to 10ng term compatibility, usability, or readability of. documents resulting. from the use of software application packages, operating systems, or computer hardware differing. from those used by the data's creator. I C-700 Standard General Conditions of the Construction Contract. 00700 -10 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I ARTICLE 4 AVAILABILITY SUBSURFACE AND PHYSICAL HAZARDOUS ENVIRONMENTAL REFERENCE POINTS OF LANDS; CONDITIONS; CONDITIONS; I I 4.01 Availability of Lands I A Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or. permanent changes in existing facilities. If Contractor and Owner are unable to (lgree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. I I I B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is. to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. 1 I I C. Contractor shall provide for .all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. I 4.02 SubsUl1ace and Physical Conditions I A. Reports and Drawings: The Supplementary Conditions identify: I 1. those reports of explorations and tests of subsUrface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and I 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. . I I B. Limited Reliance by Contractor on Technical Data Authorized:. Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data/' Contractor may not rely upon or I July 7, 2008 make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any . aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or" 2. other data, interpretations, opinions, and . information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsuiface or Physical Conditions A. Notice: If Contractor believes that any subsur- . face or physical condition at or contiguous to the Site that is uncovered or revealed either: . 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or . 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent ill work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments I C-700 Standard General Conditions of the Construction Contract. 00700 - 11 1 Eastview Park Improvements Augusta-Richmond County Recreation and Parks I L The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: I I a. such condition must meet anyone or more of the categories described in Paragraph 4.03.A; and ' I b. with respect to Work ,that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. I I 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: I a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or I I b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such finalcommitment;or I I c. Contractor failed to give the written notice as required by Paragraph 4.03.A. I 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all lees and charges of engineers, architects, . attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. I I I I 4.04 Underground Facilities I A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data July 7,2008 furnished to Owner or Engineer by the owners of such Underground Facilities, including O'wner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner, and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine . the extent, if any, to which a change is required in the Contract Documents to . reflect and document the consequences of the existence or 10cation of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and . protection of such Underg;ound Facility. . 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are. attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. I C-700 Standard General Conditions of the Construction Contract. 00700 - 12 I Eastview Park Improvements . Augusta-Richmond County Recreation and Parks I If Owner and Contractor are unable to agree on entitlement ta or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided ill Paragraph 10.05. I I 4.05 Reference Points I A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying aut the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is 10st or destroyed or requires relocation because of necessary changes in grades 'or 10cations, and shall be responsible far the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. I I I 4.06 Hazardous Environmental Condition at Site I A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Dacuments. I I B. Limited Reliance by Contractor on Technical Data Authorized: Contractor lllay rely upon the general . accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: I I 1 1. the completeness of such reports and drawings far Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and pracedures of canstruction to be employed by Contractor and safety precautions and pragrams incident thereto; or I I 2. other data, interpretations, opmlOns and information contained in such reports or shown or indicated in such drawings; or I 3. any Contractor_interpretation of or conclusion drawn from any "technical data" or any such other, data, interpretations, opinions or information. I July 7,2008 C. Contractor shall not be responsible for any Hazardous Environmental Conditian uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents. to be within the scope of the. Work. Contractar shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site.. by Contractor, Subcontractors, Suppliers, or anyone else far whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone far whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isalate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) natify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shallpramptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to. evaluate such condition or take corrective action, if any. E. Contractar shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is .or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amaunt or extent, if any, of any adjustment in Contract Price_ or Cantract Times, or both, as a result of such Work stop- page or such special conditions under which Wark is agreed to be resumed by Contractar, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to . entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portian of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. . G. To the fullest extent permitted by Laws. and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directars, partners, employees, agents, I C-700 Standard General Conditions of the Construction Contract. 00700 - 13 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I consultants, and subcontractors of each and any of them from and against all claims, costs, 10sses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and otherprofessionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is 'responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and, against the conse- quences of that individual's or entity's own negligence. I I I I I H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, 10sses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I I I I L The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. I ARTICLE 5 - BONDS AND INSURANCE I 5.01 Performance, Payment, and Other Bonds I A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations, under the Contract Documents. These bonds shall remain in effect until one year after the date when fmal payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. I 1 I B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies I July 7, 2008 Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by ContractOl: is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is 10cated or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be. obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is 10cated to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the' Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured). which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to pm-chase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the . Work being performed and as will provide. protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract DocUments, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or ip.directly employed by any of them to perform any of the I C-700 Standard General Conditions of the Construction Contract. 00700 - 14 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 Work, or by anyone for whose acts any of them may be liable: I 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; I 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; I 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than ContraCtor's employees; 1 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: I 1 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or 1 b. by any other person for any other reason; I 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including 10ss of use resulting therefrom; and 1 6. claims for damages because ofbodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. I B. The policies of insurance required by this Paragraph 5.04 shall: I 1. with respect to insurance required by Paragraphs 5.04.A} through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professionalliability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective. officers, directors, partners., employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all Claims covered thereby; 1 1 I 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; I I 3. include completed operations insurance; July 7,2008 4. include contractual. liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until.at least 30 days prior written notice has been. given to Owner and Contractor . and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has. been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective VI ork in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the. Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: I C-700 Standard General Conditions ofthe Construction Contract. 00700 - 15 I Eastview Park hnprovements Augusta-Richmond County Recreation and Parks I 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any 'of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; I I 2, be written on a Builder's Risk "all-risk" or open peril or special causes of 10ss policy form that shall at least include insurance for physical 10ss or damage to the Work, temporary bilildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of 10ss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition o.ccasioned by enforcement of Laws and Regulations; water damage, (other' than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; I I 1 1 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); I 4. cover materials and equipment stored at the Site or at another 10cation that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 1 I 5. allow for partial utilization of the Work by' Owner; I 6. include testing and startup; and I 7. be maintained in effect until [mal payment is made unless otherwise agreed to in writing by Owner, Contractor, arid Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. I B. Owner shall purchase and maintain such boiler and machinery ir.surance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 1 I I C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage I July 7,2008 afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. / D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the .interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others'. suffering any such loss, and if any of them wishes property insurance coverage within the limits of. such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other spedal insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencemen~ of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for alllosses and damages caused by the perils or causes of loss .covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any 10ss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for alllosses and damages caused by, arising out of or resulting from any of the perils or causes of 10ss covered by such policies and any other property insuranceapplicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engine~r, and all other mdividuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, -. agents, consultants and subcontractors of each and any of them) under such policies for 10sses and damages so caused. None of the above waivers shall extend to the rights that any party I C-700 Standard General Conditions ofthe Construction Contract. 00700 -16 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. I B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and. subcontractors of each and any of them for: I I 1. loss due to business interruption, 10ss of use, or other consequential 10ss extending beyond direct physical10ss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and I 2. loss or damage to the completed Project or . part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of 10ss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. 1 1 1 C. Any insurance policy maintained by Owner covering any 10ss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of paynient of any such loss, damage, or consequential 10ss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them I I I 5.08 Receipt and Application of Insurance Proceeds 1 A. Any insured loss. under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it ~ accordance with such agreement as the paTties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Wark and the cost thereof covered by an appropriate Change Order. 1 I I B. Owner as fiduciary shall have power to adjust and settle any 10ss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of 10ss to Owner's exercise of this power. If such objection be made, Owner as fiduciary sha11 make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the 10ss with the I I July 7, 2008 insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other . party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acmowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement. on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work compete:Iitly 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, I C-700 Standard General Conditions of the Construction Contract. 00700 - 17 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, -se.quence, or procedure of construction which is shown or Indicated in and expressly required by the Contract Documents. I I B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent 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 or received from the superintendent shall be binding on Contractor. I 1 I 6.02 Labor; Working Hours 1 A Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. 1 B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. I I 1 6.03 Services, Mater~D;ls, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, 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 performance, testing, start-up, and coinpletion of the Work. 1 1 1 B. All materials and equipment incorporateq into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. A11 special warranties and gUararitees required by the Specifications shall expressly run to the benefit of Owner. If required by Engirie~r, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and . quality of materials and equipment. 1 1 1 C. A11 materials and equipment shall be stored, applied, installed, connected, erected, protected, used, July 7, 2008 cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. . 6.04 Progress Schedule A Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2.. Proposed _ adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is foilowed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently sirnilar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.l, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, ~trength, and design characteristics; I C-700 Standard General Conditions of the Construction Contract. 00700 - 18 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I 2) it will reliably perform at least equally well the function and achieve .the results imposed by the design concept of the completed . Project as a functioning whole, I I 3) it has a proven record of performance and availabilitY of responsive service; and I b. Contractor certifies that, if .approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and I 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. I 2. Substitute Items I a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.l, it will be considered a proposed substitute item. I I b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. 1 I c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. I I d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: I 1) shall certify that the proposed substi- tute item will: 1 a) perform adequately the functions and achieve the results called for by the general design, I b) be similar ill substance to that specified, and I July 7,2008 c) be suited to the same use as that specified; 2) will state: a) the. extent, if any, to which the use of the proposed substitute item wil1 preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other .work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement servIces; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use .of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's so Ie discretion, to determine that the s,ubstitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer wil1 be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable tiJ:D.e within which to evaluate each . proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish - additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or I C-700 Standard General Conditions of the Construction Contract. 00700 - 19 1 Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either.a Change Order for a substitute oran approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. 1 I D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. 1 1 E. Engineer's Cost Reimbursement: Engineer . will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant. to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the . charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. 1 1 I F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 1 6.06 Concerning Subcontractors, Suppliers, and Others 1 A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to ernploy any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. -I 1 -I B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advaJ).~e for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner'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 individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the I 1 1 I July 7,2008 cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, arid other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to payor to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the -Work under a direct or _indirect contract with. Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the W 9rk to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier. who is listed as. an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer" and all other individuals or entities identified in the Supplementary I C-700 Standard General Conditions ofthe Construction Contract. 00700 - 20 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I Conditions to be listed as insureds or adclitional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all 10sses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. .. 1 I 1 6.07 Patent Fees and Royalties 1 A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. 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. 1 I I 1 B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, 10sses, and damages (including but not liillited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 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. 1 I I 1 6.08 Permits 1 A. Unless otherwise provided in the Supple- mentary 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. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. I 1 I July 7,2008 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with . any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, 10sses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times.. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confme construction equip- ment, the storage of materials and equipment, a:r;td the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with' construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any su?h owner or occupant because of the performance of the Work, I C-700 Standard General Conditions of the Construction Contract. 00700 - 21 . 1 Eastview Park Improvements Augusta-Richmond County Recreation and Parks I Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 1 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold. harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any. of them froTh alid against all claims, costs, 10sses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. I I 1 1 I B. Removal of Debris During Peiformance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbi~h, and other debris shall conform to applicable Laws and Regulations. I I C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and . machinery, and surplus materials. and shall restore to original condition all property not designated for alteration by the Contract Documents. I I D. Loading Structures: Contractor shall not 10ad nor permit any part of any structure to be 10aded in any manner that will endanger the structure, nor shall Contractor subject any part of the .Work or adjacent property to stresses or pressures that will endanger it. I 1 6.12 Record Documents 1 A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field . Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction.. Thc:se record documents together with all approved Samples and a counterpart of all approved Shop "Drawings will .be available to Engineer fgr reference. Upon completion of the Work, these record docu:i:nents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. I 1 1 6.13 Safety and Protection July 7, 2008 A. Contractor shall be solely responsible for initiating, maintaining and supervismg all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materialsand equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maip.tain all necessary safeguards for such safety and protection.. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate . with them in the protection, removlu, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or. entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or 10ss attributable to the fault of Draw- ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone fOT whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the 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 Paragraph. 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection . with Suostantial Completion). 6.14 Safety Representative I C-700 Standard General Conditions ofthe Construction Contract. 00700.-22 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 A Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. I I 6.15 Hazard Communication Programs 1 A Contractor shall be responsible for coordi- _ nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 1 6.16 Emergencies I A In emergencies affecting the safety or protec-. tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or 10ss. 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 or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. I I I I 6.17 Shop Drawings and Samples I A Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. I 1. Shop Drawings 1 a. Submit number of copIes specified III the General Requirements. 1 b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Bngineer to review the information for the limited purposes required by Paragraph 6.17.D. I I 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. . 1 July 7, 2008 a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, . Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require. to enable Engineer to review. the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review' and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling,. storage, assembly, and installation pertaining to the performan?e of the Work; c. all. information relative to Contractor's responsibilities for means;" methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample Drawings and Samples requirements of the Work Documents. with other Shop and with the and the Contract 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- I 00700 - 23 C-700 Standard General Conditions of the Construction Contract. I Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 ted to Engineer for review and approval of each such variation. I D. Engineer's Review .1 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule .;:- of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installatIon or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed 'Project as a functioning whole as indicated by the Contract Docu- ments. 1 -I I 2. Engineer'S review and approval will not extend to means, methods,. techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. I 1 1 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied' with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval . shall not relieve Contractor from responsibility for complying with tlie requirements of Paragraph 6.17. C.1. I I E. Resubmittal Procedures 1 1. Contractor shall make corrections required by Engineer and shall returll the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. . 1 1 6.18 Continuing the Work I A. Contractor shall carry on the Work and adhere to the Progress . Schedule . during all disputes. or disagreements with Owner. No Work s~all be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. I I July 7,2008 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of COlltractor' s warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completi~n by Engineer or any payment related thereto by OWner; 4. use or occupancy of the Work or any part thereof by OWner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, . consultants and . subcontractors of each and any of them from and against all claims,. costs, 10sses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance. of the Work, provided that I C-700 Standard General Conditions ofthe Construction Contract. 00700 - 24 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 any such cla.im, cost, 10ss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the .W ork itself), including the loss of use resulting therefrom but . only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . I 1 I . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ-.. ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or (':ntity under workers' compensation acts, disability benefit acts, or other employee benefit acts. I I 1 1 C The indemnification'obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer arid Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: . I I 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or I 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. . 1 6.21 Delegation of Professional Design Services I A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of app1icab.le law. I I I ~ B. ' If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a I July 7, 2008 properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional' s written approval when submitted. to Engineer. C Owner and Engineer shall be entitled to rely upon the adequacy, accUracy and completeness of the services, certifications or approvals performed by such . design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuantto this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking. for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall .not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A: Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then; . 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to' or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claiin may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other I C-700 Standard General Conditions of the Construction Contract. 00700 - 25 1 Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts. come together and properiy integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering. their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. I 1-- 1 1 C. If the proper~xecution or results of any part of Contractor's Work depends upon work performed by . others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 1 1 I 7.02 Coordination I A. If Owner intends to contract with others for the performance of other work on the Project at the Site, . the following will be set forth in Supplementary Condi- tions: I I 1. the individual or entity who will have authority ,and responsibilityfor coordination of the activities among the various contractors will be identified; 1 2. the specific matters to be covered by such authontyand responsibility will be itemized; and I .3. the extent of such authority and responsibili- ties will be provided. I . B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships I A. Paragraphs 7.01.A and 7.02 are not applicable . for utilities not under the control of Owner. I B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractods liable to Owner and Contractor for the reasonable direct delay and disruption costs .incurred by Contractor as a result of the other contractor's actions or inactions. I July 7,2008 C. Contractor shall be liable' to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action o{ inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Com~unications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Eng~neer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owu'~r shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making availab.le to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions ill or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. .. 8.07 Change Orders A.. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 1 00700 - 26 C-700 Standard General Conditions of the Construction Contract. A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necess~ in. order to observe as an experienced arid qualified. design professional the progress that has been made and the quality of the various aspects of Contractor's exec11:ted Work. Based on information obtained durin$ such visits and observations, C-700 Standard General Conditions of the Construction Contract. 1 Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 8.08 Inspections,' Tests, and Approvals I A. Owner's responsibility in respect' to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 1 8.09 Limitations on Owner's Responsibilities I A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 1 I 1 8.10 Undisclosed Condition Environmental Hazardous I A. Owner's responsibility in respect to an ~dis- closed Hazardous Environmental Condition is set forth in . Paragraph 4.06. 8.11 Evidence of Financial Arrangements 1 -A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations. under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. . I I ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 1 9.01 Owner's Representative 1 A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as. Owner's representative during construction are set forth in the. Contract Documents and will not be changed without written consent of Owner and Engineer. I I 9.02 Visits to Site I I I July 7,2008 Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on. the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work a:iJ.d will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but with<?ut limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Proj ect Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary ~onditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another. representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of ~ such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Wdrk A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu-. ments. These may be accomplished by a Field Order and will be binding. on Owner and also on Contractor, who shall perform the Workinvolved promptly. If Owner or 'Contractor believes that a Field Order justifies. an adjustrrient in the Contract Price or Contract Times, or both, and the parties are unabk to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. ' 00700 - 27 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 9.05 Rejecting Defective Work 1 A. Engineer will have authority to reject Work which Engineer believes to pe defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection .or testing of the" Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 1 I 1 9.06 Shop Drawings, Change Orders and Payments 1 A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. 1 B. In connection with Engineer's authority, and limitations thereof, as to design ca1culations and design drawings submitted in response to a delegation of professional design services; if any, see Paragraph 6.21. I C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. 1 D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinationsfor Unit Price Work I I A. Engineer will determine the actual quantities and classifications of Unit PriceW ork performed by :Contractor. Engineer will review with Contractor the ;Engineer's preliminary determinations on such matters before rendering a written decision thereon. (by iecormllendation of an Application for. Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. I 1 1 1 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work I A. Engineer will be the initial interpreter of the requirements of the C9ntract Documents and judge of the acceptability of the . Work thereunder: A11 matters in question and other matters between Owner and Contractor arising prior to the date fmal payment is due relating to the acceptability of the Work, and the interpretation of the requirementS of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question -I 1 July 7,2008 B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes . of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer 'will not show. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities . A Neither Engineer's authority or responsibility under this Article 9 or under any other provi~ion of the Contract Documents nor any decision "made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort,. or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, m~thods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable. to the. performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for .the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any otherindividual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, I C-700 Standard General Conditions of the Construction Contract. 00700 - 28 1 I Eastview Park Improvements . Augusta-Richmond-County Recreation and Parks 1 tests, and approvals that the results certified indicate compliance with the Contract Documents. I . E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. 1 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS I 10.01 Authorized Changes in the Work 1 A Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, . order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved Which will be performed under. the applicable co~ditions of the Contract Documents (except as otherwise specifically provided). I I 1 B. If Owner and Contractor are unable to agree o!l entitlement to, or on the amount or extent, if any, of an . adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. ' I 10.02 Unauthorized Changes in the Work 1 A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, mo.dified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. I I I 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: I 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A,(ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; I I 2. changes in the Contract Price or Contract Times whi~h are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and I July 7, 2008 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A If notice of any change affecting the general scope of the Work or the provisions of the Contract / Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: A11 Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for' decision. A decision by Engineer shall be required as a condition precedent to any . exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the ,general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to . submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance. with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled. as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days'after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, wi~ 30 days after receipt of the last submittal of the claimant or. the last sub:inittal of the ,I C-700 Standard General Conditions of the Construction Contract. 00700 - 29 I Eastview Park hnprovements Augusta-Richmond County Recreation and Parks 1 opposing party, if any, take one of the following actions in writing: I 1. deny the Claim in whole or in part, 2. approve the Claim, or 1 3. notify the parties that the Engineer is unable to resolve the Claiin if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further 'resolution of the Claim, such notice shall be deemed a denial. I 1 D. In the event that Engineer does not take action ona Claim within said 30 days, the Claim shall be deemed denied. 1 E. Engineer's written action under Paragraph 10.05.C .or denial pursuant to Paragraphs 10.05.C.3 or 1O.05.D will be fmal and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. 1 1 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. 1 ARTICLE 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 1 11.01 Cost of the Work I A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order 'or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. 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 11.0 1.B. 1. . Payroll costs for employees in the direct employ of Contractor in the perforinance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be 1 1 I I 1 I. July 7, 2008 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' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials an~ eguipment furnished and incorporated in the Work, including costs of transportation and storage thereof, arid Suppliers' field services required in connection therewith.. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in. which case the cash discounts shall accrue to OWner. All trade discourits, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice. of Engineer, which bids, if any, will be acceptable. If any subcontract provides that. the Subcontractor is to be paid on the basis of Cost of the Work pIus a fee, the,Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 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. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's. employees incurred in discharge of duties connected with. the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, 1p.achinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the, workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of. such items used but not consumed which remain the property of Contractor. 1 C-700 Standard General Conditions of the Construction Contract. 00700 - 30 .. t' , , , , 1 Eastview Park Improvements Augusta-Richmond County Recreation and Parks I c. 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, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip-. ment, machinery, or parts shall. cease when the use thereof is no 10nger necessary for the Work. I 1 1 d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. I I e. Deposits 10st for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or r for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. I I f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except 10ssesand damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such 10sses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such 10ss.es, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. I ..J I I 1 I g. The cost of utilities, fuel, and sanitary facilities at the Site. 1 h. Minor expenses such as telegrams, 10ng distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. 1 1. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. 1 B. Costs Excluded: The term Cost of the Work shall not include any of the following items: I 1. Payroll costs . and other compensation of Contractor's .. officers,. executives, principals (of July 7,2008 partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referr:ed to in Paragraph 11.01.A.l or specifically covered by Paragraph 11.01.A.4, all of wJllch are to be considered" administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.B. C. Contractor's Fee: When all the Work "is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for all adjustment in Contract Price is determined . . on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. 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 performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1 C-700 Standard General Conditions of the Construction Contract. 00700 - 31 ! I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I 1. Contractor agrees that: I a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and I b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the. cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. 1 I 1 C. Contingency Allowance 1. Contractor agrees that . a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. I D. Prior to fmal 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. 1 I 11.03 Unit Price Work I A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price wil1 be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. I I B. The estimated quan1:1tJ.es 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 subject to the provisions of Paragraph 9.07. I 1 C. Each unit price wil1 be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately ideritified item. I I D. OWner or Contractor may make a Claim for . an adjustment in the Contract Price in accordance with Paragraph 10.05 if: I 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- \ July 7,2008 cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase W Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party. to the Contract in accordance. with the provisions of Paragraph 10.05. B. The value of any .W ork covered by a Change Order or of any Claim for an adjustment in the Contract Price will,be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work mvolved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance . for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or . 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) pIus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's' fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or I C-700 Standard General Conditions of the Construction Contract. 00700 - 32 I Eastview Park hnprovements Augusta-Richmond County Recreation and Parks- I 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions' of the Cost of the Work: I a.-for costs incurred under Paragraphs 11.01.A.l and 11.01.A.2, the Contractor's fee shall be 15 percent; I b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; I c. where one or more tiers of subcontracts are on the basis of Cost of the Work pIus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.l and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; I 1 1 I d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.AA, 11.01.A.5, and 11.01.B; I e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost pIus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and 1 I f. when both additions and credits are involved in anyone change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. I 12.02 Change of Contract Times I A. The Contract Times may only be changed by a Change Order. Any Claim for . an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. 1 1 B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. I 12.03 Delays 1 A. Where Contractor is prevented from completing any part of. the Work within the Contract July 7,2008 Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor. shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal w~ather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related .Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of-Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute r'esolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. I C-700 Standard General Conditions of the Construction Contract. 00700 - 33 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK I 13.01 Notice of Defects I A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be' given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 1 13.02 Access to Work I A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation inspecting, and testing. Contractor shall provide the~ proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 1 1 1 13.03 Tests and Inspections 1 A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. I B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; I 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and I 3. as otherwise specifically provided in the Con- tract Documents. ' I C. If Laws or Regulations of any public body _ having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. 1 1 1 D. ContraCtor. shall be responsible for arranging ,and obtaining and shall pay all costs in connectjon with any inspections, tests, or approvals required for Owner's July 7,2008 and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment sUQmitted for approval prior to Contractor's purchase thereof for incorporation. in the Work. Such inspections, tests, or approvals shall be performed. by organizations acceptable to Owner and Engineer. (" E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given. Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. 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. B. 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. C. . If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, 10sses, and damages (including but not limited .to all fees and charges of engineers, architects, attorneys, and other professionals and all cburt or arbitration or other dispute . resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may. make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the . Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the . amount or -extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. I C-700 Standard General Conditions of the Construction Contract. 00700 - 34 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 13.05 Owner May Stop the Work I A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the 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 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 Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 'I I 1/ 1 13.06 Correction or Removal of Defective Work 1 A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove itfrom the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other .professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (includillg but not limited to all costs of repair or replacement of work of others). 1 I I B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, . if any, on saidW ork. 1 I 13.07 Correction Period I A. If within one year after the date of Substantial Completion (or such 10nger period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Docu~ents) or by any specific provision of the Contrac( Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or peimitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: I I 1 1. repair such defective land or areas; or 2. correct such defective Work; or 1 July 7, 2008 3. if the defective Work has been rej ected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms ,of Owner's written instructions, or in an emergency where delay would cause serious risk of 10ss - or damage, Owner may have the defective Work corrected or repaired or may have.the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. . In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of aIr the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where. defective. Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph )3.07, the correction period hereunder with respect to such Work wil1 be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 1 E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statUte of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of fmal payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, 10sses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such .acceptance occUrs prior to Engineer's recommendation of final payment, a Change I C-700 Stanqard General Conditions ofthe Construction Contract. 00700 - 35 1 Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. I 1 1 13.09 Owner May Correct Defective. Work 1 A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract DocuInents, or if Contractor fails to comply with any other. provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. 1 1 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this P_aragraph. 1 1 1 1 1 C. A11 claims, costs, 10sses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) mcurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement ,of Contractor's defective Work. 1 1 1 1 1 D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the July 7, 2008 performance of the Wark attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule ofValues established as provid- ed in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14:02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled o.ut and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting docUmentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment. not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of . which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Wark have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The. amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 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 wnting Engineer's reasons for refusing to I C-700 Standard General Conditions of the Construction Contract. 00700 - 36 1 Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. I 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, inforination and belief: 1 I 1 a. the Work has progressed to the point indicat- ed; 1 b. the quality of the Work is generally in accor- dance 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 9.07, and to any other qualifications stated in the recommendation); and I 1 c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. I I 3. By recommending any such payment Engineer wil1 not thereby be deemed to have represented that: 1 a. inspections made to check the quality or the quantity of the Work as it has been performed have been. exhaustive, extended .to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or 1 1 b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 1 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any p~yment, including fmal payment, will impose responsibility on Engineer: 1 1 a. to supervise, direct, or control the Work, or 1 b. for the means, methods, techniques, sequences, or procedures of construction, or the safety. precautions and programs incident thereto, or July 7, 2008 c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has. used the moneys paid on account of the Contract Price, or e.. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner ha~ been required to correct. defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subj ect to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a.' claims have been made against OWner on account of Contractor's perforInance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a 1 C-700 Standard General Conditions of the Construction Contract. 00700 - 37 1 Eastview Park hnprovements Augusta-Richmond County Recreation and Parks 1 specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; I~ c. there are other items entitling Owner to a set-off against the amount recommended; or I d. Owner has actual knowledge of the occurrence , of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 1 2. If OWner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor ally amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 1 1 1 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 1 I 14.03 Contractor's Warranty of Title 1 A. Contractor warrants and guarantees that title to all Work, rnaterials, 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. 1 14.04 Substantial Completion. 1 A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and . Engineer ill writing that the entire Work is substantially complete (except for items specifically listed by Contractor asincomplete) and request that Engineer issue a certificate of Substantial Completion. 1 1 B. Promptly after Contractor's notification,. , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not conslder the Work substantially complete, ,Engineer will notify Contractor in writing giving the reasons therefor. 1 I C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative . certificate gf Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner sha11 have seven days after receipt of the tentative certificate during which 1 July 7, 2008 to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative 'certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration .of Owner's objections, Engineer considers the Work substantially, 90mplete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending fmal payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform' Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. . Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may. use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Dqcuments, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which OWner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of' the Work is . substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. . 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such 1 C-700 Standard General Conditions of the Construction Contract. 00700 - 38 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate. of Substantial Completion for that part of the Work. I 3. Witilln 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 therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 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. I 1 1 1 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 1 14.06 }(inallnspection I A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 1 I 14.07 }(inalJDayment 1 A. Application for Payment 1 1. After Contractor has, in the op1ll1on of Engineer, satisfactorily completed all correctiop.s identified during the fmal inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating Instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may makeY application for fmal payment following the procedure for progress payments. 1 I 2. The fmal Application for Payment shall be accompanied (except as previously delivered) by: I a. all documentation called for in the Contract Documents, including but not limited. to the evidence of insurance required by Paragraph 5.04.B.7; I 1 b. consent of the surety, if any, to final payment; July 7,2008 c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor. or Supplier fails to furnish such a release or receipt in ful1, Contractor may .furnish a bond or other collateral satisfactory to Owner to inderimify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and fmal inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days. after receipt of the fmal Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer wil1 also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend fmal payment, in' which case Contractor shall make the necessary corrections and resubmit the Application for . Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is elititlecl to set off against Engineer's recommendation, including but not lirnited to liquidated damages, will become due and, will be paid by Owner to Contractor. I C-700 Standard General Conditions ofthe Construction Contract. 00700 - 39 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I 14.08 Final Completion Delayed I A. If, through no fault of Contractor; final completian of the Work is significantly delayed, and if Engineer so confIrms, Owner shall,. upon receipt of Contractor's final Application far Payment (for Work fully completed and, accepted) . and recommendation of Engineer, and withou~ terminating the Contract, make payment .of the balance due for that portion of the Wark fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of !he balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing fmal payment, except that it shall not constitute a waiver of Claims. I I I I I 14.09 Waiver of Claims I A. The making and acceptance of fmal payment will constitute: I 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after fInal inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and I I 2. a waiver of all Claims by Cantractor against Owner other than those previously made in accordance with the requirements herein and expressly aclmowledged by Owner in writing as still unsettled. 1 I ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION I 15.01 Owner May Suspend Work 1 A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted.an adjust- ment in the Cantract Price or an extension of the Contract Times, or both, cfuectly attributable to any such suspenSion if Contractor makes a Claim therefor as provided in Paragraph 10.05. I I July 7,2008 15.02 Owner May Terminatefor Cause A. The occurrence .of anyone or more of the . following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (includlng, 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 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Cantractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractar's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner ri:lay, after giving Cantractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incol}Jorate in the Work all materials and equipment stored at the Site orfor which Owner has paid Contractor but which are stored elsewhere, and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, casts, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, 10sses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, 10sses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this I C-700 Standard General Conditions of the Construction Contract. 00700 - 4b I Eastview Park Improvements Augusta-Richmond County Recreation and Parks 1 Paragraph Owner shall not be required to obtain the 10west price for the Work performed. I D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. 1 1 E. 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. I 1 F. If and to the extent that Contractor has provided a performance bond under the provisions' of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B,and 15.02.C. 1 1 15.03 Owner May Terminate For Convenience I A. Upon seven days written notice to Contractor and Engineer, Owner may, Without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): I 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of. termination, includmg fair and reasonable sums for overhead arid profit on such Work; . I 2. expenses sustained prior to the effective date of terminatiOIi in performing services and furi:rishing laboi, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; I 1 3. all claims, costs, 10sses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 1 1 4. reasonable expenses directly attributable to. termination. 1 B. Contractor shall not be paid on account ofloss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 1 July 7,2008 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum fmally determined to be due, then Contractor may, upon. seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within. that time, terminate the .Contract and recov~r from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all' such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude ContraCtor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph J 0.05 before such decision becomes fmal and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 1O.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Clairn is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the 1 C-700 Standard General Conditions of the Construction Contract. 00700 - 41 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks I mediation unless, within that time period, Owner or Contractor: I 1. elects in wntmg to' invoke any dispute resolution process provided for in the Supplementary Conditions, or I 2. agrees with the other party to submit the Claim to another. dispute resolution process, or 1 3. gives written notice to the other party of theiT intent to submit the Claim to a court of competent jurisdiction. 1 ^' ARTICLE 17 - MISCELLANEOUS 1 17.01 Giving Notice 1 A Whenever any provISIOn of the Contract Documents requires the giving of written notice, it will be deemed to have been validly .given if: I 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 1 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 1 17.02 Computation of Times 1 A When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the 1 1 I 1 I I July 7, 2008 applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any. rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated - specifically in the Contract Documents in connection with each particular duty, obligation, right, .and remedy to which they apply. . 17.04 Survival of Obligations A All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive [mal payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is 10cated. 17.06 Headings A. Article and paragraph headings are inserted .for convenience only and do not constitute parts of these General Conditions. I C-700 Standard General Conditions of the Construction Contract. - 00700 - 42 I I 1 I 1 I 1 1 1 I 1 I I I 1 I 1 I I SUPPLEMENTARY GENERAL CONDITIONS SC-1. 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) cop~es . . . 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 ins~ance required by paragraph 5.3 ofthe General Conditions shall proviqe 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 J OWNER'S PROTECTIVE LIABlLITY INSURANCE - Taken out in name of the owner as insured. (See rllvitation to Bid for exact legal name of owner.) 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 $1,000,000.00 for the aggregate of operations. DISPOSITION: Original policy must be deposited with owner prior to. commencement of work. [2J CONTRACTOR'S PROTECTIVE LIABlLITY INSURANCE - Taken out in - 1 - K:14 2080 1\Admin\SpecsIF ront-endlSuppCond .doc I 1 1 1 I 1 I. 1 I 1 1 I 1 I 1 I 1 1 I the name of the Contractor. Bodily injury, including death -limits of$l,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: Certificate of insurance must be sent to owner prior to commencement of work. [3] CONTRACTOR'S PUBLIC LIABILITY INSURANCE - Taken out in the nam~ ofthe 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 corm:i1encement of work. [4] BUILDER'S RISK INSURANCE - Payable to the Contractor and Owner, as their interests may appear, upon the entire structure and uponall materials in or adj acent 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 irisure 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 naines the Contractor, Owner and Engineer as co-insured. '- -2- K:\4 2080 1\AdminISpecsIFront-endlSuppCond.doc 1 1 I I 1 1 I I I 1 -I 1 I .1. 1 1 I 1 I e. The Contractor will turn over areas completed . for construction prior to substantial completion. Colitractor shall maintain :insurance on work he performs with:in "battery limits" . SC-7. Add paragraph to section7.01, 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 aga:inst 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 (includ:ing, 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 whi,ch seeks to impose liability on or to re?over 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 contracto.r . 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 responsibilities. ' SC-8. Delete paragraph 9.07 of the General Conditions in its entirety and insert the following:in its place: - 3- K:14208o 1\AdminlS peeslF ront-endlSuppCond.doc I I I I I I I I I I I I 1 I 1 1 1 1 1 9.07 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 subject to appeal (except as modified by ENGINEER to reflect changed factual conditions). SC-9 Delete ARTICLE 16. - 4 - K:14208o1\AdminISpecs\Front-endlSuppCond.doc I I .1 I 1 I I I 1 I I I I I I I 1 I I Eastview Park Improvements Augusta-Richmond County Parks and Recreation July 7, 2008 SECTION C-510 Notice of Award Notice of Award Dated Project: Eastview Park Improvements JOwner: Augusta-Richmond County Recreation land Parks Contract: Enginee~s Project No.: 42.0801 Bidder: Bidde~s Address: (send Certified Mail, Return Receipt Requested) You are notified that your Bid dated _ for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract fOr ~ The Contract Price of your Contract is _ _ Dollars ($___,....). (Insert appropriate data if Unit Prices are used. Change language for Cost-Plus contracts.) _ copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. _ sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within 15 days of the date you receive this Notice of Award. . 1. Deliver to the Owner 3 fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), [and] General Conditions (Paragraph 5.01) [and Supplementary Conditions (Paragraph SC-5.01 ).] 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer C-510 Notice of Award Page 1 ofl I I I 1 I I I I 1 I I 1 I I I I 1 I I, Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 SECTION 011000 - SUMMARY PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Work covered by the Contract Documents. 2. Type of the Contract. 3. Work phases. 4. Work under other contracts. 5. Products ordered in advance. 6. Owner-furnished products. 7. Use ofpreIDises. 8. Owner's occupancy requirements. 9. Work restrictions. 10. Specification formats and conventions. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification: Eastview Park Improvements 1. Proj ect Location: Aiken Street, Augusta, Georgia. B. Owner: Augusta-Richmond County Recreation and Parks Department r 2027 Lumpkin Road Augusta, GA 30916-5605 1. Owner's Representative: Ron Houck C. Landscape Architect: Johnson, Laschober & Assoc., P.C. 1296 Broad Street. /' Augusta, Ga. 30901 D. The Work consists of the following: SUMMARY 011000 - 1 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 I I 1.4 I I 1.5 I 1. The Work includes Construction of a quarter mile walking track and relocation of two fences. TYPE OF CONTRACT A. Proj ect will be constructed under a single prime contract. WORK PHASES A. . The Work shall be conducted in 1 phase 1.6 USE OF PREMISES I I I I I I 1.7 I I I I 1 I I SUMMARY A. General: Contractor shall have full use of premises for construction operations, including use of Project site, during construction period. Contractor's useofpremises is limited only by Owner's right to perform work or to retain other contractors on portions of Project. B. Use of Site: Limit use of premises to areas within the Contract limits indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Driveways and Entrances: Keep driveways and entrances serving premises clear and . available to Owner, Owner's employees, and emergency vehicles at ail times. Do not use these areas for p~king or ,storage of materials. a. b. Schedule deliveries to minimize use of driveways and entrances. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. SPECIFICATION FORMATS AND CONVENTIONS A. - Specification Format: The Specifications are organized in~o Divisions and Sections using the 50-division format and CSI/CSC's "MasterFormat" numbering system. 1. Section Identification: The Specifications use Section numbers and titles to help cross- referencing in the Contract Documents. Sections in the Project Manual are in numeric sequence; however, the sequence is incomplete because all available Section numbers are not used. Consult the table of contents at the'beginning of the Project Manual to determine numbers and names of Sections in the Contract Documents. Division 01: Sections in Division 01 govern the execution of the Work of all Sections in the Specifications. 2. B. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires: Singular words 011000 - 2 I I 1 I I I I I I I I I I I I I I I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 shall be interpreted as plural, and plural words shall be interpreted. as singular where applicable as the context of the Contract Documents indicates. .2. Imperative mood and streamlined langUage are generally used in the Specifications. Requirements expressea in the iniperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. a. The words "shall," "shall be," or "shall comp1y with," depending on the context, are implied 'where a colon (:) is used within a sentence or phrase. 1.8 MISCELLANEOUS PROVISIONS PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 011000 r- ~J SUMMARy. 011000 - 3 I I 1 I I I I I I I I I I I I I I I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 SECTION 017300 - EXECUTION PART 1 - GENERAL 1.1 RELATED DOCUMENTS 1.2 1.3 A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. This Section includes general procedural requirements governmg execution of. the Work including, but not limited to, the following: 1. Construction layout. 2. Field engineering and surveying. 3. General installation of products. 4. Coordination of Owner-installed products. 5. Progress cleaning. 6. Startirig and adjusting: 7. Protection of installed construction. 8. Correction of the Work. B. Related Sections include the following: 1. Division 01 Section "Submittal Procedures" for submitting surveys. 2. Division 01 Section "Cutting and Patching" for procedural requirements for cutting and patching necessary for the installation or perforrllance of other components of the Work. 3. Division 01 Section "Closeout Procedures" for submitting final property survey with Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, and final 91eanlng. SUBMITTALS A. Qualification Data: For land surveyor and professional engineer. B. Certificates: Submit certificate signed by land surveyor certifying that location and elevation of improvements comply with requirements. C. Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept hazardous materials, for hazardous waste disposal. D. Certified Surveys: Submit two copies signed by larid surveyor. EXECUTION 017300 - 1 I I I 1 I I I I I 1 I I I I I I I I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 1.4 QUALITY ASSURANCE A. Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice in jurisdiction where Project is located a~d who is experienced in providing land-surveying services of the kind indicated. - PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 EXAMINATION A. Existing Conditions: The existence and location of site improvements, utilities, and other construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of mechanical and electrical systems and other construction affecting the Work. 1. Before construction, verify the location and points of connection of utility services. B. Existing Utilities: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate an~ verify the existence and location of underground utilities and other construction affecting the Work. 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; and underground electrical seTVlces. Furnish location data for work related to Project that must be performed by public utilities serving Project site. 2. c. Acceptance of Conditions: Examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirem~nts for installation tolerances and other conditions affecting performance. Record observations. 1. Written Report: Where a written report listing conditions detrimental to performance of the Work is required by other Sections, include the following: a. Description of the Work. b. List of detrimental conditions, including substrates. c. List of unacceptable installation tolerances. d. Recommended corrections. 2. Verify compatibility with artd suitability of substrates, including compatibility with existing [mishes or primers. Examine roughing~in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation~ Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed. 3. 4. EXECUTION 017300-2 I I I I I I I I I I I I I I I I 1 I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 5. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Existing Utility)nformation: Furnish information to local utility and Owner that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility . appurtenances located in or affected by construction. . Coordinate with authorities having jurisdiction. B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are ~ndicated to fit to . other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. C. Space Requirements: Verify space requirements and dimensions of items . shown diagrammatically on Drawings. D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents, submit a request for information to Engineer. Include a detailed description of problem encountered, together with recommendations for changing the Contract Documents. Submit requests RFI, "Request for Interpretation." 3.3 . CONSTRUCTION LAYOUT A. Verification: Before proceeding to layout the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Engineer promptly. B. General: Engage a land surveyor to layout the Work using accepted surveying practices. 1. Establish benchmarks and control points to set lines and levels at each story of construction and elsewhere as needed to locate each element of Project. 2. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. . 3. Inform installers of lines and levels to which they must comply. 4. Check the location, level and plumb, of every major element as the Work progresses. 5.. Notify Engineer when deviations from required lines and levels exceed allowable tolerances. ' 6. Close site surveys with an error of closure equal to or less than the standard established by authorities having jurisdiction. C. Site Improvements: Locate and layout site improvements, including pavements, grading, fill and topsoil placement, utility slopes, and invert elevations. . D. Building Lines and Levels: Locate and layout control lines and levels for structures, building foundations, column grids, and floor levels, including those required for m~chanical and EXECUTION 017300-3 I 1 I I I I. I I I. 1 I I 1 I 1 I I.. I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks . July 7,2008 3.4 3.5 electrical work. Transfer survey markings and elevations for use with control lines arid levels. Level foundations and piers from two or more locations. E. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys, weather conditions, name and duty of each survey party member, and types of instruments and tapes used.. Make the log . available for reference by Engineer. FIELD ENGINEERING A. Identification: Owner will identify existing benchmarks, control points, and property corners. B. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points . before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. 1. Do not change or relocate existing benchmarks or control points without prior written approval of Engineer. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or control points to Engineer before proceeding. 2. ,. Replace lost or destroyed permanent benchmarks and control points promptly. Base replacements on the original survey control points. C. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site, referenced to data established by survey control points. Comply with authorities having jurisdiction for type and size of benchmark. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. 2. Where the actual location or elevation of layout points cannot be marked, provide temporary reference points sufficient to locate the Work. 3. Remove temporary reference points when no longer needed. Restore marked construction to its original condition. D. Certified Survey: On completion of foundation walls, major site improvements, and other work requiring field-engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and sitework. INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. 3. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated. 4. . Maintain minimum headroom clearance of 8 feet (2.4 m) in spaces without a suspended ceiling. EXECUTION 017300 - 4 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 1 1 I I 1 I I I 1 1 1- I 3.6 1 I I I I I B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. . C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subj ected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. F. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. G. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component l securely in place, accurately located and aligned with other portions of the Work. 1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Engineer. 2. Allow for building movement, including thermal expansion and contraction. 3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, arid items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. H. Joints: Make joints of uniform width. Where joint-locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. 1. Hazardous Materials: Use products, cleaners, and installation materials that arenot considered hazardous. OWNER-INSTALLED PRODUCTS A. Site Access: Provide access to Project site for Owner's construction forces. B. Coordination: Coordinate construction and operations of the Work with work performed by Owner's construction forces. - 1. Construction Schedule: Inform Owner of Contractor's preferred construction schedule for Owner's portion of the Work. Adjust construction schedule based on a mutually agreeable timetable. Notify Owner if changes to schedule are required due to differences in actual construction progress. Preinstallation Conferences:. Include Owner's construction forces at preinstallation conferences covering portions of the Work that are to receive Owner's work. Attend preinstallation conferences conducted by Owner's construction forces if portions of the Work depend on Owner's construction.. 2. EXECUTION 017300-5 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008. 1 3.7 PROGRESS CLEANING I A. General: Clean Project site and work, areas daily, including common areas. Coordinate progress cleaning for joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. 1 L Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold materials more than 7 days during normal we~ther or 3 days if the temperature is expected to rise above 80 deg F (27 deg C). 3 ~ Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose oflegally, according to regulations. 1 1 B. Site: Maintain Project site free of waste materials and debris. .1 C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. I 1. 2. Remove liquid spills promptly. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate. I D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specificaJIy recommended. 'If specific cleaning materials are n~t recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. I I E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. 1 F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. G. Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted. 1 I . H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. . 1 1. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the. construction period. Adjust and lubricate operable components to ensure operability without damaging effects. I J. Limiting Exposures: Supervise construction. operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. I I I EXECUTION 017300 - 6 I I I I I I 1 I I I 1 1 I I I I I I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 3.8 STARTING AND ADmSTING A. Start equipment and operating components to confirm proper operation. malfunctioning units, replace with new units, and retest. Remove B. Adjust operating components for p~oper operation without binding. Adjust equipment for . proper operation. C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. D. Manufacturer's Field Service: If a factory-authorized service representative is required to inspect field-assembled components and equipment installation, comply with qualification requirements in Division 01 Section "Quality Requirements." 3.9 PROTECTION OF INSTALLED CONSTRUCTION A. Provide [mal protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. B. Comply with manufacturer's written instructions for temperature and relative humidity. 3.10 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged substrates and finishes. Comply with requirements in Division 01 Section "Cutting and Patching." 1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. . E. Remove and replace chipped, scratched, and broken glass or reflective surfaces. END OF SECTION 017300 EXECUTION 017300-7 I 1 1 1 I I 1 1 1 I 1 I 1 I I I 1 I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 SECTION 017700 - CLOSEOUT PROCEDURES PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to t):ris Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. fuspection procedures. 2. Warranties. 3. Pinal cleaning. B. Related Sections include the following: 1. Division 01 Section "Payment Procedures" for requirements for Applications for Payment for Substantial and Pinal Completion. 2. Division 01 Section "Execution" for progress cleaning of Project site. 3. Division 01 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. 4. Division 01 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 5. Divisions 02 through 49 Sections for specific closeout and special cleaning requirements for the Work in those Sections. 1.3 SUBSTANTIAL COMPLETION A. Preliminai:y 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, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use ofthe Work and access to services and utilities. fuclude occupancy permits, operating certificates, and similar releases. 5. Prepare and submit Project Record Documents, operation and maintenance manuals, Pinal Completion construction photographs, damage or settlement surveys, property surveys, and similar final record information. CLOSEOUT PROCEDURES 017700 - 1 I I I 1 I I I 1 1 I I 1 I I 1 1 1 I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 8. Complete startup testing of systems. 9. Submit test/adjust/balance records. 10. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 11. Advise Owner of changeover in heat and other utilities. 12. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. 13. Complete final cleaning requirements, inclu4ing touchup painting. 14. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will'prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Engineer, that must be completed 'or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. . Results of completed inspection will form the basis of requirements for Final. Completion. 2. 1.4 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final . Completion, complete the following: 1. Submit a final Application for Payment according to Division 01 Section "Payment Procedures. " Submit certified copy of Engineer's Substantial Completion inspection list of items to be . completed or corrected (punch list), endorsed and dated by Engineer. The certified copy of the list - shall state that each item has been completed or otherwise resolved for acceptance. Submit evidence of final, continuing insurance coverage complying with insurance requirements. Submit pest-control final inspection report and warranty. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. 2. 3. 4. 5. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements.. Engineer will prepare a final Certificate for Payrrient after inspection or will. notify Contractor of construction that l11ust be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. CLOSEOUT PROCEDURES 017700 - 2 I I I I 1 I 1 I I I 1 1 I 1 1 1 I 1 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 1.5 LIST OF INCOMPLETE ITEMS (pUNCH LIST) A. Preparation: Submit three copies oflist.Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of constrUction. 1. Organize list of spaces in sequential. order, starting with exterior areas first and proceeding from lowest floor to highest floor. 2. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems. 3. Include the following information at the top of each page: a. Proj ect name. b. Date. c. Name of Engineer. d. Name of Contractor. e. Page number. 1.6 - WARRANTIES A. Submittal Time: Submit written warranties on request of Engineer for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Partial Occupancy: Submit properly executed warranties within 15 days of completion of designated portions of the Work that are completed and occupied or used by Owner during construction period by separate agreement with Contractor. C. Organize warranty documents into an orderly sequence based on the table of contents of the Proj ect Manual.. 1. Bind warranties and bonds in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accotnmodate contents, and sized to receive 8-l/2-by-11-inch (215-by-280-mm) paper. 2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. D. Provide additional copies of each warranty to include in operation and maintenance manuals. CLOSEOUT PROCEDURES 017700 - 3 I I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7,2008 PART 2 - PRODUCTS I 2.1 MATERIALS I 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. I PART 3 - EXECUTION I 3.1 FINAL CLEANING I A. General: Provide fmal cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. I B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: I a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, 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. Rake grounds that are neither planted nor paved to a smooth, even-textured sUrface. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Remove snow and ice to provide safe access to building. f. Clean exposed exterior and interior hard-sUrfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. . g. Remove . debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces. h. Sweep concrete floors broom clean in unoccupied spaces. 1. Vacuum carpet and similar soft surfaces, removing debris and excess nap; shampoo if visible soil or stains remain. . J. Clean transparent materials, including mirrors and glass in doors and windows. Remove. glazing compounds and other noticeable, vision-obscuring materials. Replace chipped or broken glass and other damaged transparent materials. Polish mirrors and glass, taking care not to scratch surfaces. k. Remove labels that are not permanent. I 1 I 1 1 1 1 I I CLOSEOUT PROCEDURES 017700 -4 1 1 I 1 1 1 1 I- I I I 1 1 I 1 1 I 1 I Eastview Park Improvements Augusta-Richmond County Recreation and Parks July 7, 2008 1. 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. 1) Do not paint over "UL" and similar labels, including mechanical and electrical nameplates. m. Wipe surfaces of mechanical and electrical equipment and similar equipment. Remove excess lubrication, paint and mortar droppings, and other foreign- substances. n. Replace parts subject to unusual operating conditions. o. Clean plumbing fIxtures to a sanitary condition, free of stains, including stains resulting from water exposure. p. Replace disposable air fIlters and clean permanent air fIlters. Clean exposed surfaces of diffusers, registers, and grills. q. Clean ducts, blowers, and coils if units were operated without fIlters during construction. r. 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. s. Leave Project clean and ready for occupancy. c. Pest Control: Engage an experienced, licensed exterminator to make a fInal inspection and rid Project of rodents, insects, and other pests. Prepare a report. D. 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 of lawfully. . END OF SECTION 017700 CLOSEOUT PROCEDURES 017700 - 5 I 1 EASTVJEW PARK IMPROVEMENTS 02300 Earthwork 1 1 SECTION 02300 - EARTHWORK PART 1- GENERAL 1 I 1 I 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contnict, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY 1 1 1 1.3 A. B. C. D. E. 1 1 1 1 I I I I 07/08 A. This Section includes the following: 1. Preparing subgrades for slabs-on-grade, walks; pavements, lawns and grasses. 2. Subgrade and base course for asphalt paving. B. Augusta-Richmond County Development Regulations and Specifications apply to this Section. DEFINITIONS Backfill: Soil material or controlled low-strength material used to fill an excavation. Base Course: Course placed between the sub grade and hot-mix asphalt paving. Bedding Course: Course placed over the excavated sub grade in a trench before laying pipe within the pipe zone as shown on the drawings: Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill. Drainage Course: Course supporting the slab-on-grade that also minimizes upward capillary flow of pore water. F. Excavation: Removal of material encountered above sub grade elevations and to lines and dimensions indicated. 1. Authorized Additional Excavation: Excavation below sub grade elevations or beyond indicated lines and dimensions as directed by Engineer. 2. Bulk Excavation:. Excavation more than 10 feet in width and more than 30 feet in length. 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. EARTHWORK 02300 - 1 1 I I I 1 I I 1 I I I I I I I 1 I. 1 I EASTVIEW PARK IMPROVEMENTS 02300 Earthwork 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. I. Sub grade: 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. 1.4 SUBMITTALS A. Product Data: For the following: 1. Each type of plastic warning tape. 2. Geotextile. B. Samples: 12-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. 1.5 PROJECT CONDITIONS A. Existing Utiliti{~s: 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. PART 2 - PRODUCTS 2.1 SOIL MATERIALS A. General: Provide borrow soil materials. when sufficient satisfactory soil materials are not available from excavations. 07/08' EARTHWORK 02300 - 2 1 I EASTVIEW PARK IMJ>ROVEMENTS 02300 Earthwork 1 I B. Satisfactory Soils: ASTM D 2487 Soii Classification Groups GW, GP, GM, SW, SP, and SM, or a combination of these groups; free of rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. Uns~tisfactory Soils: Soil Classification Groups GC, SC, CL, ML, OL, CH, MH, OR, and PT according to ASTM D 2487, or a combination of these groups. I I 1. . Unsatisfactory soils alSo include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction. 'I C. Base Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1-lI2-inch . sieve and not more than 8 percent passing a No. 200 sieve. Under pavements stone shall be graded aggregate base (GAB) per GDOT specification. 1 I D. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch sieve and not more than 12 percent passing a No. 200 sieve. E. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a I-inch sieve and not more than 8 percent passing a No. 200 sieve. I 1 F. Drainage Course: Narrowly graded mixture of washed crushed stone, or crushed or uncrushed gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1-lI2-inch sieve and 0 to 5 percent passing a No.8 sieve. I G. Filter Material: Narrowly graded mixture of natural or crushed gravel, or crushed stone and natural sand; ASTM D 448; coarse-aggregate grading Size 67; with 100 percent passing a 1- inch sieve and 0 to 5 percent passing a No.4 sieve. R. Sand: ASTM C 33; fine aggregate, natural, or manufactured sand. I I 1. Impervious Fill: Clayey gravel and sand mixture capable of compacting to a dense state. 2.2 ACCESSORIES A. Warning Tape: Acid- and alkali-resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, 6 inches wide and 4 mils thick, continuously inscribed with a description Dfthe utility; colored as follows: 1 1 I 1. Red: Electric. 2. Yellow: Gas, oil, steam, and dangerous materials. 3. Orange: Telephone and other communications. . 4. Green: Storm sewer systems. 1 I 07/08 EARTHWORK 02300 - 3 . I I I I I. I 1 1 1 I .1 I I I I I I I 1 I EASTVlEW PARK IMPROVEMENTS 02300 Earthwork PART 3 - EXECUTION 3.1 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 grgund 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 sub grades and foundation soils against freezing temperatures or frost. 3.2 DEWATERING A. Prevent surface water and ground water from entering excavations, from ponding on prepared sub grades, 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. fustall a dewatering system to keep subgrades dry and convey ground water away from excavations. Maintain until dewatering is no longer required. 3.3 EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under walks and pavements to indicated lines, cross sections; elevations, and subgrades. . . 3.4 SUBGRADE INSPECTION A. Notify Engineer when excavations have reached required subgrade. B. If Engineer determines that unsati~factory soil is present, continue excavation and replace with compacted backfill or fill material as directed. 07/08 EARTHWORK 02300 - 4 I I EASTVIEW PARK IMPROVEMENTS 02300 Earthwork I I C. Proof-roll sub grade below the building slabs and pavements with heavy pneumatic-tired equipment to identify soft pockets and areas of excess yielding. Do not proof-roll wet or saturated subgrades. 1 I 1. Completely proof-roll sub grade in one direction. Limit vehicle speed to 3 mph. 2. Proof-roll with a loaded 10-wheel, tandem-axle dump tru~k weighing not less than 15 tons. 3. Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting, as determined by Engineer, and replace with compacted backfill or fill as directed. D. Authorized additional excavation and replacement material will be paid for according to negotiated unit price.. I "I E. . Reconstruct sub grades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by Engineer, without additional compensation. 3.5 STORAGE OF SOIL MATERIALS 1 1 I A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. . 3.6 BACKFILL A. Place and compact backfill in excavations promptly, but not before completing the following: I 1. ConstrUction below finish grade including, where applicable, subdrainage, dampproofing, waterproofmg, and perimeter insulation. 2. Surveying locations of underground utilities for Record Documents. 3. Testing and inspecting underground utilities. 4'. Removing concrete formwork. 5. Removing trash and debris. 6. Removing temporary shoring and bracing, and sheeting. I I B. Place backfill on subgrades free of mud, frost, snow, or ice. 1 I I I I C. Place and compact No. 57 stone bedding course on trench bottoms as shown on drawings. Shape bedding course to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits to spring line. D. Backfill trenches excavated under footings and within 18 inches of bottom of footings .with satisfactory soil; fill with concrete to elevation of bottom of footings. Concrete is specified in Division 3 Section "Cast-in-Place Concrete." . 07/08 EARTHWORK 02300 - 5 I I I I I I I 1 I I I I I I 1 I I I I. EASTVIEW PARK IMPROVEMENTS 02300 Earthwork 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: 1. Under grass and planted areas, use satisfactory so~l material. 2. Under walks and parking lot, use satisfactory soil material. 3. Under teimis court pavement, use engineered fill. C. Place soil fill on sub grades free of mud, frost, snow, or ice. 3.8 SOIL MOISTURE CONTROL 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. 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. 3.9 COMPACTION OF SOIL BACKFILLS AND FILLS 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." - 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 on drawings: 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" of fill beneath paving base shall be compacted to 98 per cent Standard Procter. 2. Under walkways, scarify and recompact top 6 inches below sub grade and compact each layer of backfill or fill soil material at 95 percent. . 3. Under lawn or unpaved areas, scarify and recompact top 6 inches below sub grade and compact each layer of backfill or fill soil material at 85 percent. 07/08 EARTHWORK 02300 - 6 I I I I 1 1 I I I I I I I I I I I I I EASTVIEW PARK IMI:ROVEMENTS 02300 Earthwork 3.10 GRADING 3.11 3.12 07/08 A. General: Uniformly grade areas to a smooth surface, free of-irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft. spots, fill low spots, and trim high spots to comply with required surface tolerances. B. Site Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades to required elevations within the following tolerances: .1. Lawn or Unpaved Areas: Plus or minus 1 inch. 2. Walks: Plus or minus 1 inch. 3. Pavements: Plus or minus 1/2 inch. BASE COURSE A. Place base course on sub grades free of mud, frost, snow, or ice. B. On prepared sub grade, place base course under pavements and walks as follows: 1. Place base course material over sub grade under hot-mix asphalt pavement. 2. Shape base course to required crown elevations and cross-slope grades. 3. Place base course 6 inches or less incompacted thickness in a single layer. 4. Place base course that exceeds 6 inches in compacted thickness in layers of equal thickness, with no compacted layer more than 6.inches thick or less than 3 inches thick. 5. Compact base course at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 98 percent of maximum dry unit weight according to ASTM D 1557. C. Pavement Shoulders: Place shoulders along edges of base course to prevent lateral movement. Construct shoulders, at least 12 inches wide, of satisfactory soil materials and compact simultaneously with each base layer to not less than 95 percent of maximum dry unit weight according to ASTM D 1557. . FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified independent geotechnical engineering testing agency to perform field quality-control testing. 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. 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: EARTHWORK 02300 - 7 I I I I I I 1 I I I I I I I I I I I I EASTVIEW PARK IMPROVEMENTS 02300 Earthwork 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. J D. When Owner's testing agency reports that sub grades, 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. . 3.13 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. 1. Restore appearance,. quality, and conditiclll of finished surfacing to match adj acent work, and eliminate evidence of restoration to greatest extent possible. 3.14 DISPOSAL OF SURPLUS AND WASTE MATERIALS 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, tr:ash, and debris, shall be transported legally dispose of it off Owner's property. END OF SECTION 02300 07/08 EARTHWORK- 02300 -8 I I 1 I I I .1 I I I I I I I I I I I I EASTVIEW PARK IMPROVEMENTS 02741 Hot Mix Asphalt Paving SECTION 02741 - HOT-MIX ASPHALT PAVING PART 1- 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 the following: 1. Hot-mix asphalt paving. 2. Pavement-marking paint. 1.3 DEFINITIONS A. Hot-Mix Asphalt Paving Terminology: Refer to ASTM D 8 for definitions of terms. B. GDOT: Georgia Department of Transportation. 1.4 SYSTEM DESCRIPTION A. Provide hot-mix asphalt paving according to materials, workmanship, and other applicable requirements of standard specifications of state or local DOT. 1. Standard Specification: GDOT, 1993 edition 2. Measurement and payment provisions and safety program submittals included in standard specifications do not apply to this Section. 1.5 SUBMITTALS A. Product Data: For each type of product indicated. Include technical data and tested physical and performance properties. B. Job-Mix Designs: Certification, by authorities having jurisdiction, of approval of each job mix proposed for the Work. . C. Shop Drawings: Indicate pavement markings, lane separations, and defmed parking spaces. fudicate, with international graphics symbol, spaces dedicated to people with disabilities. D. Qualification Data: For manufacturer. - 07/08 HOT-MIX ASPHALT PAVING 02741 - 1 I I EASTVIEW PARK IMPROVEMENTS 02741 Hot Mix Asphalt Paving " I I I I 1.6 I I I I I I I I I I I I I 1.7 1.8 07/08 E. Material Test Reports: For each paving material. F. Material Certificates: For each paving material, signed by manufacturers. QUALITY ASSURANCE A. Manufacturer Qualifications: A qualifi,ed 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. 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 Coo~dination." DELNERY, STORAGE, AND HANDLING 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. 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 surfac"e temperature of 40 deg F for oil-based materials, 50 deg F for water-based materials, and not exceeding 95 deg F." HOT-MIX ASPHALT PAVING 02741 - 2 I I- I I I I I I I I I I I I I I I I I EASTVIEW PARK IMPROVEMENTS 02741 Hot Mix Asphalt Paving PART 2 - PRODUCTS 2.1 AGGREGATES A. General: Use materials and" gradations that have performed satisfactorily ill prevlOus installations. B. Coarse Aggregate: ASTM D 692, sound; angular crushed stone, crushed gravel, or properly cured, crushed blast-furnace slag. C. Fine Aggregate: ASTM D 1073, sharp~edged natural sand or sand prepared from stone, gravel, properly cured blast-furnace slag, or combinations thereof. " " 1. For hot-mix asphalt, limit natural sand to a maximum of 20 percent by weight of the total " aggregate mass. 2.2 ASPHALT MATERIALS A. Asphalt Binder: AASHTO MP 1, PG 64-22. B. Prime Coat: Asphalt emulsion prime complying with GDOT requirements. C. Tack Coat: ASTM D 977, emulsified asphalt or ASTM D 2397, cationic emulsified asphalt, slow setting, diluted in water, of suitable grade and consistency for application. D . Water: Potable. 2.3 AUXILIARY MATERIALS A. Herbicide: Commercial chemical for weed control, registered by the EP A. Provide in granular, liquid, or wettable powder form. B. Sand: ASTM D 1073, Grade Nos. 2 or 3. C. Geotextile (For base material separation): Non-woven polypropylene as specified in Section 02300 EARTHWORK for"material separation. D. Pavement-Marking Paint: Latex, waterborne emulsion, lead and chromate free, ready mixed, complying with FS TT -P-1952, with drying time of less than 45 minutes. 1. Color: As indicated. 2.4 MIXES A. Hot-Mix Asphalt: Dense, hot-laid, hot-mix asphalt plant mixesGDOT designed according to procedures in AI MS~~, "Mix Design Methods for Asphalt Concrete and Other Hot-Mix Types.'" 07/08 HOT-MIX ASPHALT PAVING 02741 - 3 I I I I I I I I I I I I I I I I I I I EASTVIEW PARK IMPROVEMENTS 02741 . Hot Mix Asphalt Paving 1. Provide mixes with a history of satisfactory performance in geographical area where" Proj ect is located. 2. Provide mixes complying with composition, graq.ing, and tolerance requirements ill 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 A. B. C. 3.2 A. 07/08 EXAMINATION Verify that sub grade is dry and in suitable condition to support paving and imposed loads. . Proof-roll subbase using heavy, pneumatic-tired rol1ers to locate areas that are unstable or that require further compaction. Proceed with paving only after unsatisfactory conditions have been corrected. SURF ACE PREP ARATrON General: Immediately before placing asphalt materials, remove loose and deleterious material from substrate surfaces. Ensure that prepared subgrade 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 subgrade 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. HOT -MIX ASPHALT PAVING 02741 - 4 I I I I I I I I I I I I I I I I I I I EASTVIEW PARK IMPROVEMENTS 02741 Hot Mix Asphalt Paving appurtenances, and surroundings. 2. Avoid smearing or staining adjoining surfaces, Remove spillages and clean affected surfaces. 3.3 - COMPACTION A. General: Begin compaction as soon as placed hot-mix paving -will bear roller weight without excessiv~ displacement. Compact hot-mix paving with hot, hand tampers or vibratory-plate compactors in areas inaccessible to rollers. 1. Complete compaction before mix temperature cools to 185 deg F. B. Breakdown Rolling: Complete breakdown or initial rolling immediately after rolling joints and outside edge. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness. Correct laydown and rolling operations to comply with requirements. C. Intermediate Rolling: Begin intermediate rolling immediately after breakdown rolling while hot-mix asphalt is still hot enough to achieve specified density. Continue rolling until hot-mix asphalt course has been uniformly compacted to the following density: 1. Average Density: 96 percent of reference. laboratory density according to AASHTO T 245, but not less than 94 percent nor greater than 100 percent. 2. Average Density: 92 percent of reference maximum theoretical density according to ASTM D 2041, but not less than 90 percent nor greater than 96 percent. D. Finish Rolling: Finish roll paved surfaces to remove roller marks while hot-mix asphalt is still warm. E. Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while asphalt is still hot; compact thoroughly. F. Repairs: Remove paved areas that are defective or contaminated with foreign materials and replace with fr~sh, hot-mix asphalt. Compact by rolling to specified density and surface smoothness. . G.Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. H. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked. 3.4 INSTALLATION TOLERANCES A. Thickness: Compact each course to produce the thickness indicated within the following tolerances: 1. Base Course: Plus or minus 1/2 inch. 2. Surface Course: Plus 1/4 inch, no minus. 07/08 02741 - 5 .HOT-MIX ASPHALT PAVING I I I I I I I I I I I I I I I I I I I .EASTVIEWPARKIMPROVEMENTS 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 6lb/gal.. 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. 07/08 HOT-MIX ASPHALT PAVING 02741 - 6 I I I I I I I I I I I I I I I I I I I EASTVIEW PARK IMPROVEMENTS 02741 Hot Mix Asphalt Paving 2. In-place density of compacted pavement will be determined by testing core samples according to ASTM D 1188 or ASTM D 2726. a. One core sample will be taken for every 1000 sq. yd. or less of installed pavement, with no fewer than 3 cores taken. b. Field density of in-place compacted pavement may also be determined by nuclear method according to ASTM D 2950 and correlated with ASTM D 1188 or ASTM D 2726. F. Remove and replace or install additional hot-mix asphalt where test results or measurements indicate that it does not comply with specified requirements. 3.7 DISPOSAL A. Except for material indicated to be recycled, remove excavated materials from Project site and legally dispose of them in an EPA-approved landfill. 1. Do not allow excavated materials to accumulate on-site. END OF SECTION 02741 07/08 HOT-MIX ASPHALT PAVING 02741 - 7