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Home My WebLink AboutContract Documents & Specifications for Augusta Golf Course Augusta Richmond GA DOCUMENT NAME: C>>nty~t- '1bcu.~ ~ S~ \ rr',CO-TionS ~Ol" ALl<Ju--Str--a G:io\f Co'uxse DOCUMENT TYPE: ~ n+ vetl!. +'5 YEAR: \ ClC) ~I BOX NUMBER: 6 Fll..E NUMBER: j 9, lP D NUMBER OF PAGES: 53 I I I I 1 1 I 1 1 1 1 1 I I 1 1 1 1 I (:ontract Documents I- Specifications for Augusta (lolf Course Course Improvements Prepared for: Augusta Richmond County Board of Commissioners Larry r. Sconyers, ~ayor Lee N. Beard, ~ayor Pro Tempore freddle L. nandy, District 2 Stephen r. Shepard, District 3 ~oses Todd, District 4 nenry Brigham, District 5 J.B. Powell, District 6 Jerry Brigham, District 7 Ulmer Bridges, District 8 William n. ~ays, III, District 9 William B. Kuhlke, Jr., District 10 Prepared By: James (j. Swift & Associates Consulting rnglneers 1 206 Interstate Parkway Augusta, (jA 30909 June 1998 b-l b- I ~~ ts: b:.::lA~'1 I"'KUTIJ IA.TLUK" IUW;:'UN ::::l1"::4"::~~/IO ..-. "" 'ACO' '''0' ,,' j-'n.:Etft""'I:' ,r:'I'r.. :A;T;E' . '.;lSe,f::I;~;I'::A:B"""I'l{:(;I~\i: ;i': " 'Q:.ii~:~'i:.~; "'. "...~: '~, ' ;::': ,,' :~, ,;':.:'OiTe (fllMlOMYl ", _-_!:I ~ .;<~,~n':I,:! r,:;:. ~~t..: '~',\i:l:n::,:L:;;: ~ .Ld::'::];;4,. ~U,f'\MI:>>'\,;j, 0<' .-it'..:":, 06/15/98" ~< ., y.".,,:, , ..~>",i;:~ :~,:~,;:~~ ;::),.': .;',7(,: .. :, ':" :) : :", : ~: ~"':>.::'" '..^" '"'';;', ,'~ ~":!r,~'" ";";'5 c~~r'~ic~~'>"~:~uE;) ~'A MA ER OF 'INFORf>4A noN Taylor , Tow,$cn Ins'Q:rance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ' Sowell 'l'aylo ~ HOLDER. THIS CERn~ATE DOES NOT AMEND, EXTEND OR l' . O. Box 401 ALTER THE COVERAGE APFORDED BY THE pOUClES BROW. F1tzqerald, GA 31750 COMPANIIES AFFORDING coveRAGE Howell 'l'ay1c:r ~Ho, 91Cif~-406~ Fp 1010, ~ ~AP!oNf Po AU'1'O oWNERS INS\lR>>IcE CO BENSON CONS'l'RUC'l'ION CONPANY HAROLD C. BZNSON RT. 1, BOX 1035 'rIF'l'ON GA 31794 COMPANY , B ~M~!oNf COMI"ANY D iQ,9Y.~;i:::< ~j(Y::::t:1):p~:;r:,:f:::!.':~+::':Y><':::::;:: i<:}'i.::':C::>\::": ;,:::<::~5?i:;:<~r~:f ~:,::':.' :: .,:;;~:::~:,'1:'tj~::::~D:}:;;:,::'?P:::-::::'::: 'i':i~j~:;~i,'Z::, :,:~:;:::~,:::S::';:':<, . . nUS IS TO CERnFY THAT THE POLICIES Of' IIIISUAANCE U$TEO BEL.OW HAW ee~N IsSUED TO "!liE INSURet> NAM!C ~VE f~ THE POLICY PiRIOO IIlOlCATEO, r-I01W1THST ANDING ANY ReaLJlREMENT. Tt;IW OR CON01T1ON OF AN'( CONTRACT OR OTHER ooCUME!NT WITH ResPECT TO WHICH THIS eERTlflCATE MW 8i !$SUED O~ W>.Y PERTAIN. THE INSURANce AFFORO!C Bvne POLICieS ~SCRIeeD HEREIN IS SUEhlEC" TO AL~ THE! T!!~. EXCL\JStONS PJo.IC CONDITIO:-lS OF SUC1'4 POlICIliS, L.MTS St-lOWN p.$V HAVE seEN RiCVCED ISY Pi\IO cU\IMS. DESCRI ION Of Ol'ItRA TION5A.OCATlOH$/VE'llCU,Si CIAL ITS".. PRDUER COH'l'RAC'1'ORS CLASS SUB CONTMCTED WOiU< (9.,~~;ffi~.;~e~~F~:;:~i~i;::;:~>",:/,?;T~::::,i::T!}Ht:;:::;;;:'~~>:.F)e:i:,[r:;~;~;;~HP~~~~~~;:Y:;;:F:~;:~+<t<i}H~~!;',~'}/~:::,;:'~\':,:,:::';:',', ,,:,:.;,:', ','; .1:", ',:-:" ,,' AUGU'STA Howell AUHulSta Colf cow;se A~JUs'ta GA 31324 ~~~RPt~~.:~,~~~r~t:;~f;,~:} :~E:~~2~::::r::t\~:F+;';~'~'~~.:~'.:i~ . .;;~:~:": . .~ .:); :, '';;':: ::,': ,,~; I I TABLE OF CONTENTS 1 SectioJ'l Numbl~rs Title Pages I ADV Advertisement for Bids 1 1 IFB Information for Bidders 1 - 3 P Proposal 1 - 4 1 BB Bid Bond 1 - 2 I NA Notice of Award 1 .. A Agreement 1 - 2 1 PB Performance Bond & Payment Bond 1 - 4 I COA Certificate of Owner's Attorney 1 1 NP Notice to Proceed 1 GC General Conditions 1 - 18 1 SGC Supplemental General Conditions 1 - 3 1 SC Special Conditions 4 I Technical Specifications 1 - 4 I 1 1 1 1 1 I 1 I 1 I I I " 1 1 1 1 I I I 1 1 I - ADVERTISEMENT FOR BIDS SEALED BIDS for the construction of the Augusta GolfCoUTse Improvements (Tees, Fairways, and Greens) at Augusta, Georgia, including together with appurtenances, hereinafter referred to by project name as AUGUSTA GOLF COURSE IMPROVEMENTS (Tees, Fairways, and Greens) Bid Item # 98-128 will be r,~ceived by AUGUST A-RICHMOND COUNTY hereinafter referred to as the OWNER, at the office of the Purchasing Director, Room 605, Municipal Building until 3:00 on the 4th day of June, 1998, at which time all bids will be publicly opened and read in the presence of those interested. All work shall be in accordance with the contract documents of James G. Swift & Associates, hereinafter referred to as the Engineer. Copies of the Contract Documents may be examined during regular business hours at the office James G. Swift & Associates, 1206 Interstate Parkway, Augusta, Georgia; at the office of Augusta- Richmond Purchasing Dept, Room 602 Municipal Building, 530 Greene Street, Augusta, GA 30911; and at the fol.lowing locations: The F. W. Dodge Division Plan Room Augusta, Georgia Augusta Builders Exchange Augusta, Georgia CSRA Business League Augusta, Georgia Copies may be obtained at the office of James G. Swift & Associates upon payment of Fifty Dollars ($50.00) for each set. (Non-refundable). Bids shall be addressed to Augusta-Richmond County Commission, c/o Geri A. Sams, Purchasing Director, Municipal Building, Augusta, Georgia 30911, marking the envelope "Bid for Augusta Golf Course Improvements (Tees, Fairways, and Greens), Bid Item #98-128". Bids shall be completed and submitted as described in the Information for Bidders section of the Contract Documents. A 10% Bid Guarantee, 100% Performance Bond, and a 100% Labor and Material Payment Bond will be required. It is the wish of the Owner that minority businesses be given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No bid may be withdrawn for a period of Sixty (60) days after the date and time set for the receipt of bids. The Owner reserves the right to waive any informalities in bidding and to reject any or all bids. Geri A. Sams, Purchasing Director . . Advertised in Augusta Chronicle: May 15,21,27, and June 1, 1998 Advertised in Metro Courier: May 20, 1998 - - ADV-l I I I I 1 1 I .. I 1 1 I I I I I I I 1 I INFORMATION FOR BIDDERS Bids will be received by Augusta-Richmond County, (hereinafter called the "Owner"), at the office of the Purchasing Director until 3:00 p.m. on June 4,1998, and then at said office publicly opened and read aloud. . Each bid must be submitted in a sealed envelope, addressed to Augusta-Richmond County at the Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as Bid for Augusta Golf Course Improvements, Bid Item #98-128 and the envelope should bear on the outside the name of the bidder, his address and his license number, if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to Augusta-Richmond County I c/o Geri A. Sams, Purchasing Director, Room 602 - Municipal Building, 530 Greene Street, Augusta, Georgia 30911. All bids must be made on the required bid form. All blank spaces for bid prices must be fIlled in, in ink: or typewritten, and the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid, may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunder- standing concerning the quantities of work or of the nature of the work to be done. The Contract Documents contain provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person :;hall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to the Owner for five percent (5 %) of the total amount of the bid. As soon as the bid prices have been compared, the Owner will reUlrn the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of a bid bond. A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney. IFB-l I I I I I 1 I .. I 1 I I I I I I i The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement, the Owner may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner. The Owner within ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. The notice to proceed shall be issued within ten days of the execution of the Agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the Contractor. If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein. A conditional or qualified bid will not be accepted. A ward will be made as a whole to one bidder. All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the Owner. Inspection trips for prospective bidders will be conducted by the Owner if requested in writing by the bIdder. Such request shall be directed to the Engineer by the bidder. The bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the Equal Opportunity clause set forth in the Supplemental General Conditions. The engineer is James G. Swift & Associates. IFB-2 I I I I I I I .,. I 1 1 I I I I I I I All bidders are encouraged to utilize, to the maximum extent possible, local labor forces and suppliers of materials which have residences, offices or places of business within Augusta- Richmond County, Georgia. While Augusta-Richmond County encourages the utilization of local laborers and supplies on a purely voluntary basis on local public works projects, nothing contained herein shall impose any legal or contractual obligation for any bidder to do so. - . - - - IFB-3 I I I I I I 1 I I I I 1 I I I I I I I - PROPOSAL FOR AUGUSTA GOLF COURSE IMPROVEMENTS Augusta-Richmond County Municipal Building Augusta, Georgia 30911 Gentleme:n: The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He understands that information relauve to existing structures and underground utilities as furnished to him on the drawings, Contract Documents or by the Engineer, carries no guarantee expressed or implied as to it$ completeness or accuracy and he has made due allowances therefor; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; 5. He agrees to hold the Owner harmless for accidents or damage to property; 6. He will comply with all State and Federal Regulations pertaining to but not limited to asbestos containing material removal and disposal; Regulations regarding disposal of all debris; OSHA Requirements. 7. He will complete work in a timely manner. Time of completion must be indicated on Bid Proposal Form. 8. He will maintain the site as reasonably clean as possible by not allowing debris to accumulate before making trips to his disposal site. Debris must be hauled on a regular basis to avoid excessive accumulation. Materials sold for salvage shall not be retained on site. 9. He will not burn any materials on site without written approvals from proper authorities. 10. He will furnish the Owner with a detailed schedule of demolition and removal including disposal sites, names of all subcontractors, State and local license information. and hereby proposes and agrees that, if the Proposal is accepted, he will contract with Augusta- Richmond County to furnish all machinery, tools, apparatus and other means of construction and P-l I I I I I I I I I I - - to do all work and furnish all materials called for in accordance with the requirements of the Engineer and the true intent of the Contract .Documents and that he will take in payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (Note: B.idders must bid on each item.) SCHEDULE OF PRICES AUGUSTA GOLF COURSE IMPROVEMENTS (Tees, Fairways, and Greens) III.~_- 1. Construct new 15th greenH (To include construction of traps and under drain systems) ..... I 000, 0 D 2. Construct new 15th tee (10 include construction of traps and under drain systems) 3800.00 3. 4. 5. 6. C Dnstruct new 18th green C Dnstruct new driving range tee Grass new 15tb green Grass new 15th tee . 5- co, ~.(.\ .5'00, 00 300, 06 ') ('C"', oe 7. Grass 15th fairway 8. Grass 18tb green 9. Grass portion of 18tb fairway .., 5'(.; '-~ ,CD ~ L' 0 C (..I 10. Grass driving range tee '(,1 11. Grass driving range i 7. I I 2 . l'{) 12. Grass new mound on right side of 2nd Fairway 8 DO, 00 :.t::'t\.~+i2.~(\ -+ .t:..~::).s n,. \n1 ,,.:c-€iV ,;LO, 000, (1V -/C:-faJ( lIS; 9te&,cc The Contract covering the construction of all work descI:i~eA _~e will be . completed by August 15, 1998, for:t9oe- hOllO\d~clc6c'~~J..urt. r.'.t\ehlAll~~.hll ($ 1/496:,8, 00 ) subject to reductions', additions and deletions provi d erein on the basis of measured quantities of comple:ted work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $ 300.00 for each consecutive calendar day thereafter as hereinafter provided in Section 15 of the General Conditions. P-2 I I I I I I I I I I I I I . It is understood that the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed to be to the best interest of the Owner. /' ., It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date ~ The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidde:r will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner satisfactory performance and payment bonds in the amount e:qual to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or 3:~[ ~: ~ -'v in the amount of . Dollars ($ ~ bemg not less than five percent (5 %) of the total base bId sum. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check, it may be cashed by the Ownl~r and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. The successful bidder shall ruive a current Business License. The Owner is an Equal Opportunity Employer. Name & Georgia License Number of Contractor: eN5D~ ~"" Il-" l-.J-/c.- t1"'1',4n/1/k ~ fd:Jp,l 08- ';;;'0 S'5'5 if7 e of Bidder GA Utility Contractor License # /1 37t:J &j IIU/'1 8 Z V~ Business Addfess -r1foJ1/ ai. :3'/77Y City and State P-3 I C AUTP-OW,NERS INSURANCE COMPANY (Lansing, Michigan) o HOME-OWNERS INSURANCE COMPANY (Lansing, Michigan) DOWNERS IN!>URANCE COMPANY (Lima, Ohio) o PROPERTY-OWNERS INSURANCE COMPANY (Marion, Indiana) Bond No. I 906034 SURETY BOND Public Official, Bid, Contract, license or Permit Bonds and Probate Bonds ./ SURETY/BOND (Bid) I K!'JOW ALL ME'" BY THESE PRESENTS That we, Benson Construction Company Auto Owners , as Principal, and the I Insurance Company, a corporation organized under the laws of the State of , and having its principal office at Lansing, Michigan , as Surety, are held and (City & State of Surety) Michigan I firmly bound unto Augusta-Richmond Co. I in the penal sum of ($10% of bid. I Ten (10%) Percent of accompanying bid Dollars, lawful money of the United States of America, for which payment, well and truly to be made, we jointly and severally bind ourselves, our successors, administrators and assigns, firmly by these presents. 4th June SIGNED, SEALED, and DATED this day of submitted its bid for the Augusta Golf Course Improvements 19 98 .. I WHEREAS the al'oresaid Principal has (II. bid bond inl.n "Iubmitltd its bid fo" otc:) Tees, Fairways, & Greens Bid Item 1198-128 in Augusta, GA I (If a Contract Bond inun '.nt".d into wrotltn contract with .fo,"""d Oblig.. deled, .It:) (If a Public Official Bond inl.n .b.en eletted 0' .ppointed (n.m.) for th. te,ml b.ginning (dill) .nd .nding Idat.)') I {If a LICIM_ Dr P.rmit Bond insen ~been granted a liClnle or permit 81 (name bUllneas) by the laid Obligee for the plrlod or one year from (daterl (110 P'obele Bond ,n..n "be.n ""polnt.d (E""CUlO', Admin'll'elo" Guard,an, Con.ervoto'j of th. elUtt. of (namo of d.c....d, m,no' 0' 'ncompeltnt)"l NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal shall be awarded the contract upon said bid and rmdertake said contract, (II. Bid Bond ,nson 'be aw.rd.d the cont'oct upon loid bid ond undenake IB,d contr.ct") I - (If I Cont'ecl Bond ,"sen "comply with tho t.,ml .nd conditIOns of tho .foreIBid cont'oct"1 (If II Public Official Bond insert .fai1hfully perform 1he duties of laid office-) (If a License or Permi1 Bond insen .comply with the laws of the aforesaid Oblige. governing 1~lId Liclnlll or Permit'" then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED: FIRST: - That the liability of the Surety shall in no event exceed the penalty of this Bond. SECOND: - If this is a Bid Bond, any proceedings at law or in equity brought against said Surety to recover any claim hereunder, must be instituted within six (6) months from the date of this instrument. no further conditions IIf no funher conditions insert .no further conditions.) Benson Construction Comp Auto Owners Insurance Co Su,.ty By IIotl}ffIl ;:Am~ 2948 (4.95) I I -~ /' 906034 I I I I Howell c. Taylor, Ocilla, GA I provided, howe'Ter, that the penal sum of anyone such instrument executed hereunder shall not exceed Fivf~ Hundred Thousand and no/100 ($500,000.00) Dollars I . . 1st . October 94 January 20 99 J!: ~~~Sident ....", II II"" I" ",.., \. 0 U I"" " ,..~ ............8"'_ " ,'" ~v 00 oo~." .., .$. ""'.... ....'"....":. 94 f~~/~OTARy......~\ :.: ~*<- :.= ~ '; \. ,0 U B \,.' C ./ ~ i ':, ....."0 .. ~ ~ " 0...'. ......~ .:- ~, -", ...... ...... ~ ....:- " <:'0 ....... ..,v " '1,., IJN TV t ,.., "" ..'..,............, -n ~~ Nanc~ith T.J. Buda~ V04 .rr. 1st October T. J. Buda~ Jr. ",.........". ,0,0" ~S I IV;"'", ...," +~ ....... V.L!'J." ~.. ~ ..... .....T .....~ ~ 0 .' .:'1..... ~ .. . . -., ... go: ....... ':" ~ -t-.~ r'ft'- ::J: ~a :nE :4~ ~ :0= ~ ". ......oe-e ....: ~ .. . .... ~. .... .... . ,.,:"- " <.q ......... G~' ," """ ""SIH(" tit' ,,00" '".............' ~-o~ T. J. Buda~ Jr. 1 I I 1 1 1 I .. I I 1 1 I I I I I I I I SECTION NA NOTICE OF AWARD TO: "Benson Construction Company Route 1, Box 1035 Tifton GA 31794 :Phone: (912) 386-0202 :Fax: (912) 387-7729 PROJECT DESCRIPTION: Augusta Golf Course Improvements (Tees, Fairways & Greens) Bid Item #98-128 The Owner has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $115,968. You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within Ten (lQ) calendar days from the date of this Nodce to you. If you fail to execute said Agreement and to furnish said Bonds within ten (lID days from the date: of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF A WARD to the OWNER. Dated this _ day of June, 1998. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF A WARD is hereby acknowledged on this _ day of June, 1998. BY: TITLE: NA-l I I I I 1 I 1 . 1 1 I I 1 I I 1 I I I I SECTION A AGREEMENT TillS AGREEMENT, made this day of June, 1998, by and between the Augusta-Richmond County, hereinafter called "Owner" and Benson Construction Company, Inc., doing business as a corporation hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor will commence and complete construction of Augusta Golf Course Improvements (Bid Item #98-128). 2. The Contractor will furnish all material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. 3. The Contractor will commence the work required by the Contract Documents within Ten (10) calendar days after the date of the Notice to Proceed and will complete same no later Ihan August 15, 1998, unless the period of completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all the work described in the Contract Documents for the :;um of$115,968. 5. The term "Contract Documents" means and includes the following: Advertisement for Bids J[n[ormation for Bidders J?roposal Bid Bond Notice of Award Agreement Performance/Payment Bond Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General Conditions Special Conditions Technical Specifications Drawings Addenda: No. _, dated 6. The Owner 'will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. All mmHes Bet ~aid WReB &Me as previaea ifl Artiele 19 6f the Ceneral C6fiditi6fi! !l1all bc..!I ";~8Fe&t at the rate of 1.0~<' per ffl6Mft. No interest shall be paid on the retainage. fW A-I I 1 I I I I I 1 I I I 1 I I I I 1 1 . 8. Ibis Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 9. Venue. See Below. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in --1.- (number of copies) each of which shall be deemed an original on the date fIrst above written. OWNER: TITLE:_ LffJrhj ~p <' TI~: t::~I'" . ~~",,"., ~.,e.~~~ . CONTRACTOR: BENSON CONSTRUCTION COMPANY. INe. BY:-'P~4 &~) NAME:_ /-J~f<OL1) BeNSoN (Type or Print) TITLE:_ .PR.f5S18ENT J NAME: 72-lGK-,/ ~sotJ vP TITLE: 9. All claims, disputes and other matters in question between the Owner a.nd the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. cf A-2 I - ~ AUTO.OWNERS INSURANCE COMPANY (Lansing; Michigan) o HOME.OWNERS INSURANCE COMPANY (Lansing, Michigan) o OWNERS INSURANCE COMPANY (Lima, Ohio) o PROPERTY.OWNERS INSURANCE COMPANY (Marion, Indiana) Bond NO.90G035 SURETY BOND PUblic Official, Bid. Contract, License or Permit Bonds and Probate Bonds I SURETY BOND (Performance Bond) . - KNOW ALL MEN BY THESE PRESENTS That we, Benson Construction Company , as Principal, and the - Auto Owners Michigan Insurance Company, a corporation organized under the laws of the State of , and having its principal office at Lansing, Michigan (City & Stale of Surety) , as Surety, are held and - firmly bound unto Augusta-Richmond CO. 1 in the penal sum of ($ 115,968.00 One hundred fifteen thousand, Nine hundred sixty-eight and no/100--------------- Dollars, lawful money of the United States of America, for which payment, well and truly to be made, we jointly and severally bind ourselves, our successors, administrators and assigns, firmly by these presents. SIGNED, SEALED, and DATED this 16th day of June ,19 98 WHEREAS the aforesaid Principal has entered into written contract with aforesaid Obligee ii (II a bid bond insert "submitted ita bid 10'. atc:) - for the AugJSta Golf Course Improvements, Tees, Fairways, & Greens Item #98-128 in (II. COnl,act Bond insert 'enle,ad inlO w,itten cOnl,act with .Io,es.id Oblig... dated, otc:) - - Augus ta, GA. (If. Public Official Bond insert "been elected 0' appoinled (name) lor the te,ms beginning (date) and ending (doten I (II a License 0' Permit Bond insert "been grsnled a license 0' permit as (name business) by the said Obligea 10, the pe,iod 01 one yea, f,om (daten 1 (II a Probate Bond insert "been appoinled (El<8cuto" Administ,ato,. Gua,dian, Conservator) 01 the estate 01 [name 01 deceased. mino' 0' incompetent)") NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal shall comply with the terms and conditions of the aforesaid contract. (II a Bid Bond insert "be awa,ded the cOnl,act upon said bid and undertake said cOnl'act") I (If. Contract Bond insert "comply with the terms and conditions of the aforesaid cDntraC1~) I (It a Public Official Bond insert "faithfully perform the duti.. of said office") (If a license or Permit Bond insert "comply with the lawI of the aforesaid Obligee governinG said License or Permit") then this oblig ation shall be void, otherwise to remain in full force and effect. PROVIDED: FIRST: - That the liability of the Surety shall in no event exceed the penalty of this Bond. SECOND: - If this is a Bid Bond, any proceedings at law or in equity brought against said Surety to recover any claim hereunder, must be instituted within six (6) months from the date of this instrument. No further condi tions . (If no further conditions insen "no further conditions") I I . . Benson Construction Company I P,incipal Auto Owners Insurance Company By . I I I 906035 I 1 I . . - Howell c. Taylor, Ocilla, GA I provided, howHver, that the penal sum of anyone such instrument executed hereunder shall not exceed F i're Hundred Thousand and no/lOa ($ 500,000.00) Dollars I I 1st I October 94 I 1st October 94 Jd: ~~~Sident \ \."," Ill" I"" ",\\ LOU "'" ..' c,"l ............8,,_ " .:,.... ~ ..... '0.:""", "'.... ... " .A ' f :;:~/~ 0 TAR Y ....~-s- \ :..: ->*<- :.: ~ ~\. /:)U B \..,C ./ ~ ~ ~ .,A "0 .0 "t".~ -:', OA_O.. .o",~ $ " -" ". ..' ~ .... " Co .........."',c, ," 'II" (J NT V. \\,\\ -""," ..... .,.., I T.J. Buda, 0-......-- ~J -04 Jr. I I January 20 99 77 ~~ Nanc~ith I I T. ,T. Buda, Jr. ""...... "'"'' ,.,\' ~ S I IV S """ .' ..l.~ ....... VL'J." ...'~ ~~ .,- -', T #... ~ 0 .... -":V"" \ - . ..., .. i 0 :' ...... '.. n ~ _.....~ {'f1'_ ;:J:~ea :n~ :. 4. ... .: ,0 = ~ ~ ~ : ~ "::. . '" ,,' .. ..~ #', < .............~. ....' I, oq", ,G.' "" S 'He;.... ,..' ,',111. "' ,'..," I' I I I ~-o~ T. J. Buda, Jr. I [X AUTO-OWNERS INSURANCE COMPANY (Lansing; Michigan) o HOME-OWNERS INSURANCE COMPANY (Lansing, Michigan) DOWNERS IN:;URANCE COMPANY (Lima, Ohio) o PROPERTY-OWNERS INSURANCE COMPANY (Marion, Indiana) Bond No. .906036 SURETY BOND Public Official, Bid. Contract, License or Permit Bonds and Probate Bonds I SURETY BOND (Labor & Material Bond) I KNOW ALL MEN BY THESE PRESENTS That we, Benson Construction Co. Auto Owners , as Principal, and the I I Michigan Insurance Company, a corporation organized under the laws of the State of . and having its principal office at Lansing, Michigan , as Surety, are held and (City & State of Surety) firmly bound unto Augusta-Riclnnond Co. 115,968.00 in the penal sum of ($ Nine hundred sixty-eight and no/100---------- I One hundred fifteen thousand, I Dollars, lawful money of the United States of America, for which payment, well and truly to be made, we jointly and severally bind ourselves, our successors, administrators and assigns. firmly by these presents. SIGNED, SEALED, and DATED this 16th day of June ,19 98 I WHEREAS the aforesaid Principal has entered into a certain written contract with the aforesaid (II e bid band insert 'submilt8d 1m bid lor. ell:.') I obligee for the Augusta Golf Course Improvements-Tees, Fairways, & Greens Item #98-128 (II I Contract Bond insert "ente,ed into w,ilt8n contrect with elo,..eid Obligee doted, 111:.') for furnish:Lng all labor and materials. (II e Public Olllcill Bond insert "beln Ilected or appointed (neml) 10, thl te,ms beginning (dote) end ending (dllt8)") I (If a License or Permit Bond insert -bl.n granted a license or permit 811 (name business) by the leid Obligee for the period of one year from (date)") I (II a P,obate Band insart 'bean eppolnted [Exeeuto" Administ'ato,. Guerclian. ConservotorJ 01 the estate 01 [nama 01 dece.sed, mino' 0' incompel.ntj') NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal shall comply with the terms and conditions of the aforesaid contract, (II e Bid Bond insert "be awarded the contract upon said bid end undart.ske said cant,act') I (II a Cont,act Bond insert 'comply with the te,ms and conditions 01 the alo,esaid contract') I (If 8 Public Official Bond insert "faithfully perform the duties of said offic.~) I (If. License or Permit Bond insert "comply with the IIWI of the aforeslid Obligee governing Slid Licen.e or Permit") then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED: FII~ST: - That the liability of the Surety shall in no event exceed the penalty of this Bond. SECOND: - If this is a Bid Bond, any proceedings at law or in equity brought against said Surety to recover any claim hereunder, must be instituted within six (6) months from the date of this instrument. no further conditions. (If no further conditions insert "no further conditions") I I tlenson constructlon company I Principal Auto Owners Insurance Company I By I I I 906036 - - Howell c. Taylor, Ocilla, GA I provided, how1aver, that the penal sum of anyone such instrument executed hereunder shall not exceed Fi'\Te Hundred Thousand and no/IOO ($500,000.00) Dollars I I 1st I October 94 I I 1st October 94 Jd: ~~~Sident ",,'" 1111" I I I" ",\\ LOU "'" ..\ r:-( ........ ~A_" ~ ..!!!t...v..... .... ~"'T ", .: ~ 00 -00"" , .. ~ . . ,A- f~/'~OTARy""..~\ :-tr: -)*<- :Jt: ~ r; \. ~ U 8 \,.\ C ./ ~ g -:. "", .0 ~ ~ ':0, o~ .... .... ,C:1 ~ " .... ....,.~.... " Co ....... ..\V ," "" UN TV, ,.. ,.." f................," I T.J. Buda, v-o~ Jr. I January 20 99 77 ~~ Nanc~ith I I T. IT. Buda, Jr. "........ ""'f, ....'" ~ S I IV S """ " ..l..~ ....... v<p" ...' ~~ I' " . ... ~ " ',#. ~ 0 ,,' ..:V...., ~ .. . . "". ~ i 0 :' ...... '.. ('\ ~ _....~ {.n". ~::J: ~ea :n~ ; 4. ~. .: ,0 : -:. ", ~." ~ ~. " " ...... ", < .............~. .....", ., ~"" G.... "0, SINe;" ~\ ,...... II""........",' I I I ~-o~ T. J. Buda, Jr. I I I I I I I .. I I I I I I I I I I I I CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned . the authorized and acting legal representative of Augusta-Richmond County do hereby certify as follows: I have examined the attached Contract( s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligati.ons upon the parties executing the same in accordance with the terms, conditions and provisions thereof. DATE: COA-l I 1 I I I I I '. I I I I 1 I I I I I I I SECTION NP NOTICE TO PROCEED TO: Benson Construction Co., Inc. ~;709 Hwy. 82 West Tifton, GA 31794 DATE: PROJECT: Augusta Golf Course Improvements (Tees, Fairways & Greens) (Bid Item #98-128) You are hereby notified to commence work in accordance with the Agreement dated -' 1998, within Ten (l0) calendar days following this date, the date first written above, and you are to complete the work by August 15, 1998. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted on this day of ,1998. BY: TITLE:. I I GENERAL CONDITIONS 1 Index to Articles of General Conditions Section Paees 1 GC-O 1. Definitions 1-2 GC-02. Additional Instruction and Detail Drawings 3 I GC-03. Schedules, Reports and Records 3 GC-04. Drawings and Specifications 3-4 GC-05. Shop Drawings 4 I GC-06. Materials, Services and Facilities 4-5 GC-07. Inspection and Testing 5-6 I GC-08. Substitutions 6 GC-09. Patents 6 GC-I0. Surveys, Permits and Regulations 6-7 I GC-l1. Protection of Work, Property and Person 7 GC-12. Supervision by Contractor 7 GC-13, Changes in the Work 8 I GC-14, Changes in Contract Price 8 GC-15, Time for Completion and Liquidated Damages 8-9 GC-16, Correction of Work 9 I GC-17.. Subsurface Conditions 9-10 GC-18.. Suspension of Work, Termination and Delay 1 0-11 GC-19, Payments to Contractor 11-12 I GC-20, Acceptance of Final Payment as Release 12 GC-21. Insurance 13-14 I GC-22, Contract Security 14 GC-23, Assignments 15 GC-24. Indemnification ' 15 I GC-25. Separate Contracts 15-16 GC-26. Subcontracting 16 GC-27. Engineer's Authority 16 GC-28. Land and Rights-of-Way 17 - GC-29. Guarantee 17 GC-30. Taxes 17 GC-31. Work Adjacent to Railway or Other Property 17 . GC-32. Order and Discipline 17-18 GC-33. Warning Devices and Signs 18 - GC-34. Special Restrictions 18 - GC-35. As-Built Drawings 18 GC-36. Contractor Not to Hire Employees of the Owner 18 I I 1 I I I I I 1 I I I I 1 I I I GC-Ol. DEFINITIONS: 1.1 Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof. 1.2 ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or corrections. 1.3 BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth thle prices for the work to be performed. 1.4 BIDDER: Any person, firm or corporation submitting a bid for the work. 1.5 BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 1.6 CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion. or revision in the work within the general scope of the Contract Docwnents or authorizing an adjwitment in the contract price or contract time. 1.7 CONTRACT DOCillvlliNTS: The contract including Advertisement for Bids, Information for Bidders, Bid, Bid Bond, Agreement, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Change Order, Drawings, Specifications and Addenda. 1.8 CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 1.9 CONTRACT TIME: The number of calendar days stated in the Contract Docwnents for the completion of the work. ' 1.9.1 LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed to completion of all the work. 1.10 CONTRACTOR: The person, firm or corporation with whom the Owner has executed the Agreement. 1.11 DRA WINGS: The part of the contract Docwnents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 1.12 ENGINEER: The person, firm or corporation named as such in the Contract Docwnents. . ii 1.13 FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time issued by the Engineer to the Contractor during construction. . . GC-1 1.14 NOTICE OF A WARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 1.15 NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him. to proceed with the work and establishing the date of commencement of the work. 1.16 OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. 1.17 PROJECT: The undertaking to be performed as provided in the Contract Documents. 1.18 RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project site or any part thereof. 1.19 SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illUstrate how specific portions of the work shall be fabricated or installed. 1.20 SPECIFICATIONS: A part of the contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship. 1.21 SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or any other Subcontractor for the performance of a part of the work at the site. 1.22 SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the proj ect or a specified part can be utilized for the purposes for which it is intended. 1.23 SUPPLENIENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it is a part. 1.24 SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 1.25 WORK: All labor necessary to produce the construction required by the Contract Documents and all materials and equipment incorporated or to be incorporated in the project. 1.26 WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. GC-02. ADDITIONAL INSTRUCTIONS AND DET AIL DRAWINGS: GC-2 I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I 2.1 The Contractor may be furnished additional instructions and detail drawings, by the Enginet:r, as necessary to carry out the work required by the Contract Documents. 2.2 The additional drawings and instruction thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. SCHEDULES, REPORTS AND RECORDS: 3.1 The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data s the Owner may request concerning work performed or to be performed. 3.2 Prior to the first partial payments estimate, the Contractor shall submit schedules showing the order in which he proposes to carry on the work, including dates at which he will start the various parts of the work, estimated date of completion of each part and as applicable: 3.2.] the dates at which special detail drawings will be required; and 3.2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. 3.3 The Contractor shall also submit a schedule of payments that he anticipates he will earn dwing the course of the work. GC-04. DRAWINGS AND SPECIFICATIONS: 4.1 The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an aC1;eptable manner, ready for use, occupancy or operation by the Owner. 4.2 In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 4.3 Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4.4 All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if desl:;ribed in both these ways and should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary GC-3 for the proper carrying out of the intent thereof, the Contractor is to understand 1:IlIe same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. 4.5 It is understood and agreed that the Contractor, by careful examination,. has satisfied himself as to the nature and location of the work, the conformation of the ground,1he character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local oonditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after1lhe execution of this contract, shall affect or modify any of the terms or obligations therein contained. GC-05. SHOP DRAWINGS: 5.1 The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the Contract Documents. The engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall notrelease the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawings which substantially deviates from the requirement of the Contract Documents shall be evidenced.by a Change Order. 5.2 When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 5.3 Portions of the work that require a shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC-06. MATERIALS, SERVICES AND FACILITIES: 6.1 It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipments, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time. 6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 6.3 Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. GC-4 I I I I I I I I I I I I I I I I I . . - I I I I I I I I I I I I I I 6.4 Materials, supplies or equipment to be incorporated into the work and purchased by the Con1ractor or the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. GC-07. INSPECTION AND TESTING: 7.1 All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 7.2 The Contractor shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. 7.3 The Owner shall provide all other inspection and testing services required by the Contracl: Documents. 7.4 If the Contract Documents, laws, ordinances, rules, regulations or orders of any authority having jurisdiction require any work to specifically be inspected, tested or approved by someom: other than the Contractor, the Contractor will give the Engineer timefy notice or readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval 7.5 Neither observation by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents. 7.6 The Engineer and his representatives will at all times have access to the work. In addition.. authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. 7.7 If any work is covered contrary to the written request of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense. . . 7.8 If any work has been covered which the Engineer has not specifically requested to observe prior to its being covered or if the Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is fOlmd that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure:, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to be defective, the Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate change order shall be issued. - . . GC-5 7.9 The Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be done or materials used without suitable supervision and inspection by the Engineer. The Contractor shall furnish the Engineer with necessary samples of material for testing purposes. GC-08. SUBSTITUTIONS: 8.1 When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the contract Documents shall be appropriately modified by change order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC-09. PATENTS: 9.1 The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product ofa manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-IO. SURVEYS, PERMITS AND REGULATIONS: 10.1 The Owner shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of bench marks adjacent to the work as shown in the Contract Documents. From the information provided by the Owner, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. 10.2 The Contractor shall carefully preserve bench marks, reference points and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss of disturbance. 10.3 Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the GC-6 I I I I I I I -I I I I I I I I I I I I I I I I I I I I I I I I I Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13, Change:) in the Work. GC-ll. PROTECTION OF WORK, PROPERTY AND PERSON: 11.1 The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the ~,afety of and will provide the necessary protection to prevent damage, injury or loss to all employc:es on the work and others persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site or other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 11.2 The Contractor will comply with all applicable laws, ordinances, rules, regulations and order of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He will notify O'NIlers of adjacent utilities when prosecution of the work may affect them.. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by l:he Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault of negligence of the Contractor. 11.3 In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from_the Engineer or Owner, :)hall act to prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents' caused thereby and a Change Order shall be issued covering the changes and deviations involved. . . 11.4 The work under this Contract in ever respect shall be at the risk of the Contractor until finished and accepted, except to damage or injury caused directly by the Owner's agents or employ- ees. !!!! GC-12. SUPERVISION BY CONTRACTOR: - I 12.1 The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ ,md maintain on the work a qualified supervisor or superintendent who shall have been designatl;:d in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at aU times as required to perform adequate supervision and coordination of the work. - GC-7 GC-8 I I I I I I I I I I I I I I I I I I I GC-13. CHANGES IN THE WORK: 13.1 The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or in the time required for performance of the work, and equitable adjustment shall be authorized by Change Order. 13.2 The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineer written notice thereof within ten (10) days after the receipt of the ordered change and the Contractor shall not execute such changes pending the receipt of an executed change order or further instruction from the Owner. GC-14. CHANGES IN CONTRACT PRICE: 14.1 The contract price may be changed only by a change order. The value of any work covered by a change order or of any daim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: (a) Unit prices previously approved. (b) An agreed lump sum. (c) The actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but no to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. GC-15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES: 15.1 The date of beginning and the time' for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 15.2 The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 15.3 If the Contractor shall fail to complete the work within the contract time or extension of time granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages as specified in the bid for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. I I I I I I I I I I I I I I I I I I I 15.4 The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 15.4.1 To any preference, priority or allocation order dilly issued by the Owner. 15 .4.2 To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and 15.4.3 To any delays of Subcontractors occasioned by any of the causes specified in Paragraphs 15.4.1 and 15.4.2 of this Article. GC-16. CORRECTION OF WORK: 16.1 The Contractor shall promptly remove from the premises all work rejected by the Engine~:r for failtire to comply with the Contract Documents, whether incorporated in the construction or not and the Contractor shall promptly replace and re-execute the work in accordance with the Contract Documents and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. 16.2 All removal and replacement work shall be done at the Contractor's expense. if the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the Owner may remove such work and store the materials at the expense of the Contractor. 16.3 Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall not be construed to be an acceptance of any defective work or material. The Contractor shall remove, at his own expense and shall rebuild and replace same without extra change and in default thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer shall not consider the defect of sufficient importance to require the contractor to rebuild or replace any imperfect work or material, he shall have power and is hereby authorized to make an equitable deduction from the stipulated price. GC-17. SUBSURFACE CONDITIONS: 17.1 The Contractor shall promptly and before such conditions are disturbed, except in the event of an emergency, notify the Owner by written notice of: 17.1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. 17.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. GC-9 17.2 The Owner shall promptly investigate the conditions and if he fmds that such conditions do so materially differ an cause an increase or decrease in the cost of, or in the time required, for performance of the work, an equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given the required written notice; provided that the Owner may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. GC-18. SUSPENSION OF WORK, TERMINATION AND DELAY: 18.1 The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to any suspension. 18.2.1 If the Contractor is adjudgedbanIcrupt or insolvent, or if he makes a general assignment for the benefit of his creditors; or if a trustee or receiver is appointed for the Contractor or for any of his property; or ifhe files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws; or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment; or ifhe repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment; or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the work; or if he disregards the authority of the Engineer; or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work; or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is fmished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. 18.2.2 The Contractor must obtain permission from the Engineer before any equipment can be removed from the job site. In the event such equipment is removed without the Engineer's approval, the job will be terminated until such time as the equipment is returned to the project and any time and money lost by the Contractor as a result of moving the equipment shall be absorbed by the Contractor. 18.3 Where the Contractor's services have been so terminated by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may GC-lO I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 18.4 After ten (10) days from delivery of a written notice to the Contractor and the Engine(:r, the Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. 18.5 If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority, or the Engine~:r fails to act on any request for payment within thirty (30) days after it is submitted, or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work executed and all expenses sustained. In addition, and in lieu ofterrninating the Contract, if the Engineer has failed to act on a request for payment, or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten (10) days notice to the Owner and the Enginet'::r, stop the work until he has been paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. 18.6 If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if no time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time, or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or Engineer. GC-19. PAYMENTS TO CONTRACTOR: 19.1 Between the first (1st) and fifth (5th) of each month, the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the Contractor on an approved form covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. This estimate shall include only quantities in place and at the unit prices set forth in the bid schedule. The Engineer will, within ten days aftc:r receipt of each partial payment estimate, either indicate in writing his approval of payment and pre~ent the partial payment estimate to the Owner, or return the partial payment estimate to the Contrac-tor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contrac'tor may make the necessary corrections and resubmit the partial payment estimate. The Owner will, within ten days of presentation to him of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The Owner shall retlin ten percent (10%) of the amount of each payment until fmal completion and acceptance of all work covered by the Contract Documents. The Owner at any time, however, after fifty percent (50%) of the work has been completed, if he finds that satisfactory progress is being made, shall reduce retainage to five percent (5%) on the current and remaining estimates. On completion and GC-ll acceptance of a part of the work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. 19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. 19.3 All work covered by partial payment shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor of the sole responsibility . for the care and protection of the work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the Contract Documents. 19.4 Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the final payment request that the work has been accepted by him under the conditions of the Contract Documents. The entire balance found to be due the Contractor, including the retained percentages, but except such sums as may be lawfully retained by the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, tools and all supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner many, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. ~ 1-9.5 If the Owner fails tg make payment 30 days atl:0r apprQval by the EllgmGer, iR aelditisR ta ather remedies availaele tG tho Cmmactgr, there illall be added to each ~lJ('n paymem, interest at t:h.e maximum legal rate lJoHlll'l:efl:emg OR the first day after said pa)'meat is due and cGatinymg Wltil tAG paymellt ig receiFed by the Cmuractor. GC-20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE: 20.1 The acceptance by the Contractor of fmal payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done for furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. Any payment, however, fmal or otherwise, shall not release the Contractor or his Sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. GC-12 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GC-21. INSURANCE: 21.1 The Contractor shall purchase and maintain during the life of this Contract such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's execution of the work, whether such execution by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 21.1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 21.1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees; 21.1.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustain(:d (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor or (2) by any other person; and 21.1.5 Claims for damages because ofinjury to or destruction of tangible property, including loss of use resulting therefrom. 21.2 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the work. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled unless at least fifteen (15) days prior written notice has been given to the Owner. 21.3 The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. I 21.3.1 Contractor's General Public Liability and Property Damage Insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of liability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in anyone accident. Insurance shall be written with a limit of liability of not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit ofliability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. . . . - . - GC-13 21.3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations under the Contract Documents to fully complete the Project. 21.4 The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, fur all of his employees at the site of the Project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all the latter's employees unless such employees are covered by the protection afforded by the Contractor. Incase any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. 21.5 The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be less than the losses due to dire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke during the contract time and until the work is accepted by the Owner. The policy shall name as the insured the Contractor, the Engineer and the Owner. GC-22. CONTRACT SECURITY: 22.1 The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the state in which the work is to be performed and named on the current list of "surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such Bond is declared a bankrupt or loses its right to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made ootil the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-23. ASSIGNMENTS: GC-14 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 23.1 Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written consent of the other party. GC-24. INDEMNIFICATION: 24.1 The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting form the performance of the work, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 24.2 In any and all claims against the Owner or the Engineer or any of their agents or employees, by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of the, or anyone for whose acts any of them may be liable; the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. 24.3 The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer or his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications. GC-25. SEPARATE CONTRACTS: . - - 25.1 The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with the:irs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. 25.2 The Owner may perform additional work related to the Project by himself or he may let other contracts containing provision similar to these. The Contractor will afford the other Contractors who are parties to such contracts (or the Owner, ifhe is performing the additional work himselt), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work and shall properly connect and coordinate his work with theirs. 25.3 If the performance of additional work by other Contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the Owner or others involves him in additional expense or GC-15 entitles him to an extension of the contract time, he may make a claim therefore as provided in Sections GC-14 and GC-15. GC-26. SUBCONTRACTING: 26.1 The Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 26.2 The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. 26.3 The contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. 26.4 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the terms of the contract Documents insofar -as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcor:ttract that the Owner may exercise over the Contractor nnder any provision of the Contract Documents. 26.5 Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. GC-27 ENGINEERS AUTHORITY: 27.1 The Engineer shall act as the Owner's representative during the construction period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 27.2 The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution of the work. Inspections may be made at the factory or fabrication plant of the source of material supply. 27.3 The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. 27.4 The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. GC-28. LAND AND RIGHTS-OF- WAY: GC-16 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 28.1 Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights-of- way nel;essary for carrying out and for the completion of the work to be performed pursuant to the Contrac:t Documents, unless otherwise mutually agreed. 28.2 The Owner shall provide to the Contractor information which delineates and describes the lands owned and rights-of-way acquired. 28.3 The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-29. GUARANTEE: 29.1 The Contractor shall guarantee all materials and equipment furnished and work perfomled for a period of one (1) year from the date of substantial completion. The Contractor warrants and guarantees for a period of one (1) year from the date of substantial completion of the system l:hat the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments or other work that may be necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond sball remain in full force and effect through the guarantee period. GC-30. TAXES: 30.1 The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. GC-31. WORK ADJACENT TO RAIL WAY OR OTHER PROPERTY: 31.1 Whenever the work embraced in this Contract is near the tracks, structures or building s of the Owner or of other railways, persons or property, the work shall be so conducted as not to interfere with the movement of trains or other operations of the railway, or, if in any case such interference be necessary, the Contractor shall not proceed until he has first obtained specific authority and directions therefore from the proper designated officer of the Owner and has the approval of the Engineer. GC-32. ORDER AND DISCIPLINE: I !!!!!!! 32.1 The Contractor shall at all times enforce strict discipline and good order among his employe:es and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharg.ed immediately on the request of the Engineer and he shall not again be employed on the work without the Engineer's written consent. . . I - GC-17 GC-33. WARNING DEVICES AND SIGNS: 33.1 The Contractor shall furnish, erect, paint and maintain warning devices when construction is on or near public streets for the protection of vehicular and pedestrian traffic. Such devices will be in accordance with the Georgia Manual on Uniform Traffic Control Devices for Street and Highways, July, 1962, "Traffic Control for Highway Construction and Maintenance Operations", Section ill-I thru ill-75. 33.2 On a 20" X 30" sign, mounted on a solid post, 8 feet above the ground, indicating the name and night phone number of the Contractor in 4" letters, shall be erected at each end of the project throughout the construction and maintenance periods. The Contractor may remove the sign following the maintenance period. GC-34. SPECIAL RESTRICTIONS: 34.1 No work shall be allowed after the hours of darkness or on Saturday or Sunday without the permission of the Owner. GC-35. AS-BUILT DRAWINGS: 35.1 The Contractor shall furnish to the Engineer three (3) sets of marked up drawings for an liAs-Built" record showing all deviations from the Contract Drawings. The marked up sets shall include actual dimensions from permanent markers accurately locating all underground piping. GC-36. CONTRACTOR NOT TO HIRE EMPLOYEES OF THE OWNER: 36.1 The Contractor shall not employ or hire any of the employees of the Owner. GC-18 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I INDEX TO SUPPLEMENTAL GENERAL CONDITIONS 01. 02. 03. 04. 05. 06. 07. 08. 09. 10. 11. 12. 13. 14. Description Drawings Field Office Facilitites Rights-of-Way Estimate of Quantities Existing Structures and Utilities Contractor's Breakdown of Lump Sum Payment Items Prior Use By Owner Cleaning Up Maintenance of Traffic Maintenance of Access Erosion Control and Restoration of Property Bypassing Sewage Safety and Health Regulatio~ Pre-Construction Conference Pace Numbers SGC-I SGC-I SGC-I SGC-I SGC-2 SGC-2 SGC-2 SGC-2 SGC-2 SGC-2 to SGC-3 SGC-3 SGC-3 SGC-3 SGC-3 I I I I I I I I I I I I I SECTION SGC-O SUPPLEMENTAL GENERAL CONDITIONS SGC-O 1. DRAWINGS: The Owner will furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. Location of all features of the work included in the Contract are indicated on the Contract Drawings. The following drawings compriBe the plans for the Contract: Note: The Contract Drawings are listed under Special Condition SC-02., LIST OF DRA WINGS:. SGC-02. FIELD OFFICE FACILITIES: The Contractor shall provide, at a point convenient to the work, suitable office facilities for housing records, plans and contract documents. A telephone shall be provided at the Contrac:tor's- office for expediting the work and be made available for the use of the Engineer. A complete and up-to-date set of the plans and specifications shall be available at the field office at all times th.at the work is in progress. SGC-03. RIGHTS-OF- WAY: - I I - The Owner will furnish all land and rights-of-way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights-of-way as speedily as possible. But it is possible that all land and rights-of-way may not be obtained as herein contemplated before construction begins, in which event the Con.tractor shall begin his work upon such land and rights-of-way as the Owner may have previoU1;ly acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way. Sh01~ld the Owner be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the Owner; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the Owner. SGC-04. ESTIMATE OF QUANTITIES: . The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminuti.on give cause for claims or liability for damages. SGC-l SGC-05. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work. The Contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. SGC-06. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. SGC-07. PRIOR USE BY OWNER: Prior to completion of the work, the Owner may take over the operation and/or use of the incompleted project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC-08. CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. SGC-09. MAINTENANCE OF TRAFFIC: In any work within the public right-of-way, the Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. SGC-IO. MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to business establishments during all time they are open for business, to churches, schools and other institutions during the time they SCG-2 I I I I I I I I I I I I I I I I I . . . I I I I I I I I I I I I I are open and to all residential and other occupied buildings or facilities at all times. Bridges across open trl~nches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contra<:tor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked. SGC-ll. EROSION CONTROL AND RESTORATION OF PROPERTY: The Contractor will be required to schedule his work and perform operations in such a mann::r that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. SGC- 12. BYPASSING SEWAGE: The Contractor will be required to schedule and coordinate construction sequences and to use temporary construction and other approved methods which will minimize the bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or streams will not be permitted. SGC-13. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (pL31- 596) and under Section 107 of the Contract Work Hours and Safety Standards Act (pL91-54). SGC-14~. PRE-CONSTRUCTION CONFERENCE: A pre-construction conference shall be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents. - - SCG-3 I I I I I I I I I I I I i 01. 02. 03. 04. 05. 06. 07. 08. 09. 10. 11. 12. 13. 14. - - - - INDEX TO SPECIAL CONDITIONS Description Scopes List of Drawings Protection of the Environment Temporary Toilets Plans and Specifications Furnished Record Drawings Existing Structures Salvage Material Referenced Specifications Traffic Control Construction Order and Schedule Inspection and Testing of Work Safety and Health Regulations Pre-Construction Conference Pare Numbers SC-l SC-l SC-l SC-l SC-1 SC-2 SC-2 SC-2 SC-2 SC-2 SC-2 to SC-3 SC-3 to SC-4 SC-3 SC-3 I I I I I I I I I I I I I I SECTION SC-O SPECIAL CONDITIONS SC-Ol. SCOPE: The project referred to in the Agreement shall consist of the construction of Augusta Golf Course Improvements, hereinafter referred to by project name asAugusta Golf Course Improvements. SC-02. LIST OF DRA WINGS: The following drawings, prepared by James G. Swift & Associates comprise the plans for the project: SHE,ET NO. 1 2 3 4 TITLE Cover Sheet Course Improvements Plan Plan and Profile of the Greens Details SC-03. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of exposed. earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the E:n.gineer to minimize the transportation of silt and other deleterious material into the stream beds of water courses adjacent to the project. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EP A or USDA. Use of all such chemicals and disposal of residues shall be in confoMlance with printed instructions. SC-04. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. I - SC-05. PLANS AND SPECIFICATIONS FURNISHED: The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct blue line prints together with a like number of complete bound specifications for construction purposes. Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. . . . - SC-l SC-06. RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction. Satisfactory progress toward the preparation of the record drawings shall be a condition of approval of monthly payment estimates. At the completion of construction, prior to submitting his estimate for final payment. and as a condition for payment thereof. three copies of the record drawings, satisfactorily completed, will be transmitted to the Engineer. SC-07. EXISTING STRUCTURES: Where sidewalks, street signs, private signs, walls, sidewalks, fences, etc, are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. SC-08. SALVAGE MATERIAL: All grates, railroad ties, cobblestones, granite curbing, manhole frames and covers, will remain the property of the Owner and will be stockpiled at , in the manner directed by the Engineer. SC-09. REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. SC-lO. TRAFFIC CONTROL: Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration, Edition of 1978. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta-Richmond County Fire and Police Department of any street closures. SC-l1. CONSTRUCTION ORDER AND SCHEDULE: 1. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified. 2. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: SC-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I A. Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. B. A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the contract time. C. A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. 3. With each request for payment the Contractor shall submit two copies of the bar chart clearly marked to show the work completed at the date of the payment requested. SC-12. INSPECTION AND TESTING OF WORK: The Owner shall provide sufficient competent engineering personnel for the technical observa1:ion and testing of the work. The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspections. I - Inspectors shall have the power to stop work on account of a workman's incompe- tency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground 10 carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf o:fthe Owner any material or workmanship'which does not conform fully to the requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or the culling over or removal of defective materials or for any other purpose requiring discharge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. I - Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor, nor for the safety of the job. . . - If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Enginee:r, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply. Ifany work should be covered up without review or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. . - . . SC-3 - Re-examination of any work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of re-examination and replacement. If such work is not in accordance with the Contract Documents, the Contractor shall pay such cost. SC-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 01. 02. 03. 04. 05. 06. 07. 08. . . - - - INDEX TO TECHNICAL SPECIFICATIONS Description Scope General Fairways Construction of Tees Construction of Greens Fumigation of Greens Planting of Greens Watering Page Numbers TS-l TS-l TS-l to TS-2 TS-2 TS-2 to TS-3 TS-3 TS-3 TS-3 I I I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS AMENDMENTS TO GOLF COURSE 01. ;SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, appliances. and materials, and in performing all operations in connection with the special requirements herein for development of fairways, fairroughs, greens, tees, sand traps, mounds and other appurtenances in strict accord with this section of the specifications and applicable drawings and subject to the terms and conditions of the contract. J:t is the intent of the owner under the "Amendments to Golf Course" to let a contract for the following improvements: 1) Relocate the 15th fairway. 2) Construct a new 15th teeing area. 3) Construct a new 15th green. 4) Shape and plant the 15th fairway. 5) Construct a new driving range. 6) Construct a new putting green. 7) Relocate a portion of the 18th fairway. 8) Construct a new 18th green. 9) Grass new mound on right side of #2 fairway. 10) Install protective screens The owner will let additional contracts for removal of existing maintenance building, irrigation for 18 holes and practice fairways, construction of a new club house, and construction of street and parking improvements. 02. !iENERAL: The OWNER will be responsible for tree removal and general clean-up of area following removal of trees. The OWNER will also be responsible of removing and replacing a section of sanitary sewer that traverses the new 15th fairway. Further, the OWNER will stockpile top soil from disturbed areas and provide grading for fairways and rough grading in new green areas. The owner will redistribute topsoil in disturbed areas. The OWNER will lightly disk all fairways and rake free objectional materials. The fairways shall be reshaped to a uniform surface free of variations, humps, ridges and depressions. The OWNER will then replace top soil from the stockpile to a depth of 3" to 4". The surface shall be raked to a uniform grade ready for the planting contractor. 03. F'AIRW A YS: The contractor shall check the fairways and reshape areas that were damaged from erosion TS - 1 or equipment during the interim of completion of shaping by OWNER until commencement of grassing by the contractor. A. The soil ph shall be tested by the contractor prior to fInalizing fInish grade. Should liming or gypsum of soil be necessary, the contractor shall apply lime or gypsum in an amount that would bring. to ph to a range between 6 and 7. After applying lime or gypsum, the contractor shall mix the top six (6) inches to insure a uniform mixture of lime or gypsum and soil. After re-shaping fairways, the contractor shall fertilize at the rate of 1000 # of milorganite and 600 pounds of good quality 5-10-15 fertilizer per acre or other mixture as maybe determined by soil samples. All fertilizer shall be incorporated in the soil by light tillage prior to planting. Planting shall be accomplished between April 1 and August 15. Fairways and Fairroughs shall be planted with Tift 419 grass stolons at the rate of 450 bushels per acre. 04. CONSTRUCTION OF TEES: Tees shall be constructed with native soil with the top 8 inches being a thorough mixture of top soil and coarse sand (50% top soil, 50% coarse sand). Grading of tees shall be in accordance with plans and shall provide a teeing area of 4000 square feet. Planting of Tift 419 will be implemented as discussed in fairway planting. 05. CONSTRUCTION OF GREENS: Construction of greens shall entail the grading of slopes, banks, swales, sand traps, the green sub-grade, and approaches to the green. French drains shall be installed in a herring-bone pattern as indicated on the drawings. Ditches shall be a minimum of 18" wide and 36" deep. A 6" rigid, smooth wall plastic pipe with perforation on the bottom 1/3 of the pipe shall be placed on a minimum of 4 inches of #89 stone. Prior to placing pipe and stone, a layer of 2006 woven geotextile as manufactured by Amoco Fabrics Company (or approved equal) shall be placed in the open trench shaped to the bottom and side walls. A width of 12.5 feet on the woven geotextile shall be provided to permit sufficient overlap once the pipe and stone have been placed in the trench (see sketch on drawing). On the 15th green, the herring-bone pipe patterns will be extended as shown on the plans to the centerline of the swale. Two 450 elbow fIttings shall be placed on the upper end to bring the open end of the pipe flush with the bottom of the swale. A 6" brass drop end grate shall be fitted to the open pipe end as indicated on the plan. Following installation of french drains the top 12 inches of green surfacing shall consist of a uniform top dressing mixture of the following materials: Top soil 40% grade; coarse sand 40%; German Peat Moss 20%. The ingredients shall be thoroughly mixed prior to placing on the sub grade of the green. In the process of mixing it must TS - 2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I - be turned a minimum of six (6) times. After placing mixture on the subgrade it shall be dressed to the grades shown on the plans or as modified by the designer. The final grade shall blend with adjoining swales, slopes, bunkers, and fairways on a uniform grade that can be easily maintained. 06. FUMIGATION OF GREENS: The putting surface and approximately 3 feet beyond the perimeter thereof shall be sterilized with Methyl Bromide applied under plastic covers in accordance with manufacturer's recommendations at the rate of 1 to llh pounds of Methyl Bromide per 100 square feet of area. Covers shall be left in place a minimum of 24 hours when temperatures exceed 85 degrees fahrenheit, or a minimum of 48 hours when temperatures are lower than 85 degrees. The greens shall be permitted to ventilate for at least 36 hours in clear, open weather after the plastic cover is removed before any grass is planted therein. 07. PLANTING OF GREENS: - Following fumigation of greens and prior to planting, the contractor shall fertilize the green with a mixture of 5-10-15 at the rate of 600 pounds per acre. This sodbed fertilizer should be broadcast on the surface of the green and lightly scratched into the top two (2) inches of soil. After two weeks when young roots have appeared and grass has started a vigorous growth, application of nitrogen in appropriate amounts shall be applied. Number 328 Tift Bermuda grass shall be planted on the green and immediate areas adjacent to the green at the rate of 25 bushels per 1000 sq. foot. 08. -:WATERING: Immediately after an area is stolenized and the sprigs embedded, that area shall be watered with sufficient water to "seal" the surface and thoroughly moisten the seed bed. Should tank trucks be used during the watering of fairways, the contractor shall exercise every precaution to minimize tracking and rutting. After 3 to 4 weeks and a good showing of green grass coverage, the OWNER'S maintenance crew will assume control with necessary fertilizers and chemicals, watering and mowing. I I TS-3