HomeMy WebLinkAboutFleming Tennis Center Improvements
Augusta Richmond GA
DOCUMENT NAME: (I GW11 N:;J .,- GNi\) I S C. f':;Nf~ ~ J M fR.C V G m 6NT S
DOCUMENT TYPE: C. 0(\..1 T RAe"
YEAR: l q l1 ~
BOX NUMBER: '1
FILE NUMBER: l L{ :;2.0D
NUMBER OF PAGES: I ~ I
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SPECIFICA TIONS
AND
CONTRACT DOCUMENTS
FOR
FLEMING TENNIS CENTER
IMPROVEMENTS
,I
Prepared For
AUGUSTA-RICHMOND COUNTY COMMISSION
AUGUSTA, GEORGIA
/i<- ,-
7':'"'. "
!' : "
, .-
,
Prepared By
JOHNSON, LASCHOBER & ASSOCIATES, P.c.
. ENGINEERS. DESIGNERS. CONSULTANTS.
1296 Broad Street, Augusta, GA 30901
JANUARY 1999 JLA JOB No. 42.802
't
Allen-Batchelor Const., Inc.
(706) 868-6534 Phone
(706) 860-1129 Fax
4186 Crosstowne Court
Evans, Georgia 30809
To: Augusta-Richmond Cty Parks & Rec.
530 Green Street, Rm, 806
Augusta, GA 30911
Date
Re:
28-Apr -99
Fleming Tennis Center
Attn. Tom Beck
File No.:
We are sending you herewith:
II Prints
I x I Documents
I Samples
Cooies Descriotion Date
1 ea, Flemina Tennis Center P&P Bonds
1 ea. Flemina Tennis Center Insurances
I ADDroved ! I Reiected x For Your Annroval Annroved as Noted
I Revise & Resubmit I x I For Your Use You Mav Proceed Do Not Proceed
Please Return 0
Corrected or Approved Copies
R
E Please review this information and provide us with your approval ASAP. We would like
M to start work next week 5/3/99 if at all possible.
A
R
K
5
John C. Allen
cc: Darren @ JLA
File
Bond No. 8974 0053
PERFORMANCE BOND
Conforms with The American Institute of Architects
A.I.A. document No. A-311
KNOW ALL BY THESE PRESENTS: that ALLEN BATCHELOR CONSTRUCTION, INC.,
4186 Crosstowne Court, Evans, Georgia 30809 (Here insert full name and eddress or legal title of Contractor)
as Principal, hereinafter called Contractor, and, VIGILANT INSURANCE COMPANY,
100 William Street. New York. NY 10038 (Here Insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA-RICHMOND COUNTY, GEORGIA
Room 605, Purchasing Department, City-Council Municipal Bldg. (11), (Here insert full name and address or legal title of Owner)
Augusta, Georgia 30911-3999
as Obligee, hereinafter called Owner, in the amount of One Hundred Fourteen Thousand Five Hundred and 00/100 - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 114,500.00 ).
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated
March 29,
1999 , entered into a contract
with Owner for FLEMING TENNIS COURT IMPROVEMENTS
PURCHASE ORDER NO. P04393
(Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S-l 219/GEEF 10/96
Pege 1 of 2
PERFORMANCE BOND
8974 0053
NOW, THEREFORE, THE CONDmON OF TIllS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be
in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly
1) Complete the Contract in accordance with its terms and
conditions, or
2) Obtain a bid or bids for completing the Contract in accordance
with its terms and conditions, and upon detennination by Surety
of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder
and Owner, and make available as Work progresses (even though
there should be a default or a succession of defaults under the
Signed and sealed this
19th
day of
.-:,<~~ -
(Witness)
G:J ~ ~ \ LA) ~~eJyJll, )
- {
Debbie Jones (Witness)
OJJNrn1SIrnED: ~ -15 t. kUL
Christopher B. WJrtham, State of Georgia
Licensed Resident Agent
S-1219/GEEF 10/96
Page 2 of 2
contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance of tlle
contract price," as used in this paragraph, shall mean the total
amount payable by Owner to Contractor under the Contract and
any amendments thereto, less the amount properly paid by Owner
to Contractor.
Any suit under this bond must be instituted before tlle
expiration of two (2) years from tlle date on which final payment
under the Contract falls due.
No right of action shall accrue on this bond to or for the use
of any person or corporation other than the Owner named herein or
the heirs, executors, administrators or successors of the Owner.
April
1999
(Seal)
(principal)
(Title)
INSURANCE COMPANY,
iIIiam Street, New York, NY 1 00~8
160 Technology Parkway, Norcross, Gaorgia
(Seal )
(Surety)
,~~~
Bradfo a W. Bush, Attorney-in-Fact
(Title)
..,-..., C h u bb
~ Surety
POWER
OF
ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
Attn.: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York
corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Tom S. Lobr ano, I I I ,
A.B. Lynch, Jr., James C. Congelio,and Bradford W. Bush of Jacksonville,
Florida-----------------------------------------------------------------------,
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affIX their corporate seals to and deliver for and
on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given
or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any
instrument referred to in said bonds or obligations,
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have
each executed and attested these presents and affIXed their corporate seals on March 27th ,1998,
~~~A(cQ,~~
K'enneth C, Wendel, Assistant Secr tary
STATE OF NEW JERSEY } as,
County of Somerset
On March 27th, 1998, before me, a Notary Public of New Jersey, personally came Kenneth C, Wendel, to me known to be Assistant Secretary of
FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power
of Attorney, and the said Kenneth C, Wendel being by me dUly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,
VIGIlANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of
Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies; and that he signed said Power of Attorney as Assistant
Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies: and that
the signature of Frank E, Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and was thereto subscribed by
authority of said By-l.aws and in deponent's presence,
Notarial Seal , ..'- _,"(...~_\_
:: - . N01AR'1 ....' '\
: -*- : ~
\.-._~~Z~:~~/j i
.~,,\..." _.....:.i
wENDIE P. WALSH
Pub\IC State 01 New Jersey
IIi*1Y ~ ()054504
CoIl"ImIB8IOn Explree April 18. 2003
AIv 'r~
Notary Public
, 19...2L. '
~I~ ~/~
/ Kenneth C, Wendel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MA TIER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE. OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: 5urety@chubb.com
15-10-0225 (Ed, 2-98) CONSENT
LABOR AND MATERIAL PAYMENT BOND
Conforms with The AmerIcan Institute of Architects
A.I.A. Docwnent No. A-311
Bond No. 8974 0053
Tl-lIS BOND IS ISSUED SIMULTANEOUSLY Willi PERFORMANCE BOND IN FAVOR OF Tl-lE
OWNER CONDITIONED ON Tl-lE FULL AND FAITl-lFUL PERFORMANCE OF Tl-lE CONTRACT
KNOW ALL BY THESE PRESENTS: that ALLEN BATCHELOR CONSTRUCTION, INC.,
4186 Crosstowne Court, Evans, Georgia 30809 (Here Insert full name and address or legel title of Contrsctor)
as Principal, hereinafter called Principal, and, VIGILANT INSURANCE COMPANY,
100 William Street, New York, NY 10038 (Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA-RICHMOND COUNTY, GEORGIA
Room 605, Purchasing Department, City-Council Municipal Bldg. (11), (Here Insert full name and address or legal title of Owner)
Augusta, Georgia 30911-3999
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred
Fourteen Thousand Five Hundred and 00/100 - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 114,500.00 ).
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated
March 29,
1999 , entered into a contract
with Owner for FLEMING TENNIS COURT IMPROVEMENTS
PURCHASE ORDER NO. P04393
(Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S-1220/GEEF 2/97
Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND
8974 0053
NOW, TIiEREFORE, THE CONDmON OF TIllS OBUGA nON is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it
shall remain in full force and effect, subject, however, to the following conditions:
I. A claimant is dermed as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both. used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein dermed.
who has not been paid in full before the expiration of a period of ninety
(90) days after the date on which the last of such claimant's work or labor
was done or performed, or materials were furnished by such claimant,
may sue on this bond for the use of such claimant, prosecute the suit to
finaI judgment for such swn or swns as may be justly due claimant, and
have execution thereon. The Owner shall not be liable for the payment of
any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
after such claimant did or performed the last of the work or labor, or
furnished the last of the materials for which said claim is made, stating
with substantial accuracy the amowtt claimed and the name of the party
to whom the materials
Signed and sealed this
19th
day of
'-=-0 ~-JS
-----
(Witness)
0A ~ c\JEJyl~ )
Debbie Jones ~ ~_ (Witness)
CX1JNrER3IQIED, D. iJ~
isto r S, \o\brt , State of Georgia
Licensed Resident Agent
5-1220/GEEF 2/97
Paga 2 of 2
were furnished, or for whom the work or labor was done or performed,
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (I) year following the date on which
Principal ceased Work on said Contract, it being understood, however, that
if any limitation embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shall be deemed to be
amended so as to be equal to the minimwn period of limitation permitted
by such law,
c) Other than in a state court of competent jurisdiction in and for the
county or other political subdivision of the state in which the Project, or
any part thereof, is situated, or in the United States District Court for the
district in which the Project, or any part thereof, is situated, and not
elsewhere.
4, The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount of such lien be
presented wtder and against this bond.
April
1999 .
{
(Title)
(Seal)
(principal)
{
VIGILA URANCE COMPANY,
100 William Street, New York, NY 10038
160 Technology Parkway, Norcoss, Georgia
(Seal)
(Surety)
~~~ff~
Bradford . Bush, AttorneY-in-Fact
(Title)
~
Chubb
Su rety
POWER
OF
ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
Attn.: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know All by These Presents, Tha1 FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New Yor1<
corporation, and PAC/FIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Torn S. Lobr ano, I I I ,
A.B. Lynch, Jr., James C. Congelioand Bradford W. Bush of Jacksonville,
Florida------------------------------------------------------------------------
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and
on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given
or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any
instrument referred to in said bonds or obligations.
~J~4ft!d--~
I<enneth C, Wendel, Assistant Secr tary
/n Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have
each executed and attested these presents and affIXed their corporate seals on March 27th ,1998,
#~~
STATE OF NEW JERSEY } &$,
Coun1y of Somerset
On March 27th. 1998, before me, a Notary Public of New Jersey, personally came Kenneth C, Wendel, to me known to be Assistant Secretary of
FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIAC INDEMNITY COMPANY, the companies which executed the foregoing Power
of Attomey, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,
VIGILANT INSURANCE COMPANY, and PACIAC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of
Attorney are such corporate seals and were thereto aflbced by authority of the By-laws of said Companies; and that he signed said Power of Attorney as Assistant
Secretary of saj~ Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that
the signature of Fmnk E, Robertson, subscribed to said Power of Attomey is in the genuine handwriting of Frank e, Robertson, and was thereto subscribed by
authOrity of said By..l.....-ws Hnd in deponent's presence.
Notarial Seal
..:..0 :':..-'..
\. ~~;~:~< ') .
"';'<'~W J~ ..,~~~ ~
. _.... ..........<" -.".:..." CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
.AII powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the
Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their
respective designations, The signature of such officers may be engraved, printed or lithographed, The signature of each of the following
officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the
Company rnay be affIXed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or
Attorneys-in-Fact for purposes only of executing and attesting bonds and undertaldngs and other writings obligatory in the nature thereof, and
any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with
respect to any bond or undertaking to which it is attached."
I, Kenneth C, Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the .Companies.) do hereby certify that
(i) the foregoing extract of the By-Laws of the Companies is true and correct,
(iil the Companies are duty licensed and authorized to transact surety business in an 50 of the United States of America and the District of
Columbia and are authorized by the U, S, Treasury Department; further, Federal and VIQilant are Ucensed in Puerto Rico and the U, S, Virgin
Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 19th day of April
weNDE p, WALSH
P\IbIIC State 01 New Jersey
~ ~ 0054504
ColI'I\"lIII8lOn ExPires April 18. 2003
b Iv .~ <<---
Notary Public
,19~,
~-~~/~
/ Kenneth C. Wendel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: 5urety@chubb.com
15-1O-C225 (Ed, 2.98) CONSENT
tHi'ifaiNt)'E'R''jii;'j(iE'MPoRARy'iNSURANcE'co'NiRAc'i',''s'iia'jECT'tb'THE'caNtiitiON'ifsHOWN'oN'iH'E'REvERSE'S'ibifdF"i'H'is"FaRM:"" .,. ,,'..' ,',','
'PRODUCER"'" ,,',""'" ,., "'" '" "., "'" i'l'l:g",;~:'~;'" '('7'O'6')"6"S'O'~ '600'0'" """ """ '" '" """",' 'coi,l'pAN'(' "'" """ ",",""" """"""""" """',"""""""" ", """ T 'BiNDER 'ii"""""" """"
..'FAX..........'('7'06')'6..S'ii'~'60'o'i................................ Ci nci n n at i Ins u ran ce Compa n y : B 9 9 040 16 25
""""" ",','" ,','" ,," EFFECTIVE'" """"',"",""" ""',"""'" ':'" "":",,, "',"" 'EXPIRATION' "" '"
Agency, Inc. DATE TIME' DATE TIME
.......................... ......., .................... .................
: X AM : X : 12:01 AM
12:01 OS/27/1999 ""'"
PM : : NOON
Blanchard & Calhoun Ins
POBox 212359
Augusta, GA 30917-2359
04/27/1999
CODE: 10 087
.AGENCY'.."..,"""",..,"""',. ,
CUSTOMER 10() 0 0 0 12 3 7
INSURED
: SUB CODE:
: THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
: PER EXPIRING POLICY #:
DESCRIPTION OF OPERATlONSNEHICLESlPROPERTY (Including Locatlonl
AUGUSTA RICHMOND COUNTY COMMISSION
530 GREENE STREET
AUGUSTA, GA 30911
TENNIS CENTER IMPROVEMENTS
AVE, AUGUSTA, GA
TYPE OF INSURANCE
CAUSES OF LOSS
: BASIC BROAD SPEC
COVERAGElFORMS
AMOUNT
DEDUCTIBLE COINS %
RETRO DATE FOR CLAIMS MADE:
: GENERAL AGGREGATE : $ 2,000.000
.......................................................... ..............................
: PRODUCTS - COMP/OP AGG $
...... ........................
: PERSONAL & ADV INJURY $
.............,................................. ............................
: EACH OCCURRENCE $ 1,000,000
......................
: FIRE DAMAGE (Anyone fire) $
............................................ ............................................
: MED EXP (Anyone person) $
GENERAL UABIUTY
, COMMERCIAL GENERAL LIABILITY
: CLAIMS MADE OCCUR
X OWN~S&CO~CTORSPROT
AUTOMOBILE UABIUTY
AUTO PHYSICAL DAMAGE DEDUCTIBLE
COLLISION:
OTHER THAN COL:
: ALL VEHICLES
:.......:
: SCHEDULED VEHICLES
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
MEDICAL PAYMENTS $
PERSONAL INJURY PROT $
UNINSURED MOTORIST $
$
ACTUAL CASH VALUE
STATED AMOUNT $
OTHER
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE S
EACH OCCURRENCE $
AGGREGATE $
SELF-INSURED RETENTION $
STATUTORY LIMITS
EACH ACCIDENT $
DISEASE - POLICY LIMIT $
DISEASE - EACH EMPLOYEE $
ANY AUTO
ALL OWNED AUTOS
: SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE UABIUTY
, ANY AUTc>
EXCESS UABIUTY
UMBRELLA FORM
, OTHER THAN UMBRELLA FORM
RETRO DATE FOR CLAIMS MADE:
WORKER.S COMPENSATION
AND
EMPLOYER'S UABIUTY
SPECIAL
CONDITlONSI
OTHER
COVERAGES
ALLEN BATCHELOR CONSTRUCTION CO., INC.
4186 CROSSTOWNE COURT
EVANS, GA 30809
AUTHORIZED REPRESENTATIVE
:&E9!BZ~~::~1~~Kt:::::::nf:tt:~:::f::f::f::l1nmttnm'i2I~mllimeRI;firw:!tt:IE\::::::::::::,::,::A~~g~:~~.:'::~~Bg::::::::::::::::::~::::::~I:E~R~~~;'~JJgMm~%
r""""""~"..""""""""""""..""""m'BlIilIIISIIIII".Ei""II..llilml1"lBSllfmiIBE""""""""'"",','
. 'it:ffiii~~r.S~~$tt:jlL~\;d&t~1tr\;t~;;l_1
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
lanchard &. Calhoun Ins Agency, Inc. HOLDER. THIS CERTIFICATE DOESNOTAMEND,EXTENDOR
P 0 Box 21235 9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Augusta, GA 30917-2359 COMPANIES AFFORDING COVERAGE
Attn:
'iNs'uREO'
Ext:
..................................................... ................
: COMPANY C; n c ; n n at; Ins u ran c e Com pan y
: A
COMPANY
B
ALLEN-BATCHELOR CONSTRUCTION CO INC
4189 CROSSTOWNE CT
EVANS GA 30809
COMPANY
C
COMPANY
D
t:;:~::;:;~j;~::;,kfg2~:~~~:f~i~::Wrg:~:gd2\:g~':6~\~~'J~~~;'di~;~8:::~:~t:g!i:mi0~:~~i~~:::i~:~id;~i5i;?g;Yi!g:ii~~:Bi~~;g:i:~~~:gg;:t~80tV6:~::+i~':~6:ti2~(:~:@ki:6g:::::::::",:,:,:,:,:
INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION LIMITS
LTR DATE (MMlDDIYY) DATE (MMlDDIYY)
GENERAL UABIUTY GENERAL AGGREGATE $
, COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $
CLAIMS MADE OCCUR PERSONAL & ADV INJURY $
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
FIRE DAMAGE (Anyone flre) $
,....... .....................................................
MED EXP (Anyone person) $
.. AUTOMOBILE UABIUTY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
(Per person) $
.. SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
$
,: NON-OWNED AUTOS (Per accldenl)
........ .................................................... PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT: $
........ .....................................................
AGGREGATE $
EXCESS UABILITY EACH OCCURRENCE $
UMBRaLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND
EMPLOYERS' UABILITY EL EACH ACCIDENT $
THE PROPRIETOR! INCL EL DISEASE - POLICY LIMIT $
PARTNERSlEXECUTIVE
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $
, OTHER
BUILDERS RISK $1,800,000. STRUCTURE UNDER
A ~PP0692328 03/24/1998 03/24/2001 CONSTRUCTION, $1,000. OED,
SPECIAL COVERAGE
DESCRIPTION OF OPERA TlONSlLOCA TlONSNEHICLESlSPECIAL ITEMS
LEMING TENNIS CENTER IMPROVEMENTS
:R~\'tK:~;:;mm,!f\::,,::i&Hi!ij:;::;::fi:i!;:;:i:::f;;Ii:ittit:?iiiiIi?ttt!:i:iii!:lim;m:!!i;::!:!;Ii;:?;i:i;:;;:;i:::l:idl\;i;i;i;ii!t;i::;;::::::;:;:::;:i:;:Jffi~nwt??;iH:%:;!li;i;i?:i;ti;!;ii;i;i;i;;;i;i;!;i;!;i;i;i;i?!:m:m:!;;;'m;::if:;;:t!ii;i;i;;!;i;:;:;:m:i:!;ti?mm:mtm:::::i:i:t!:i!i:!:i:!:::it:it;
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
-liL- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATlON OR LIABILITY
AUGUSTA-RICHMOND COUNTY COMMISSION
530 GREENE STREET
AUGUSTA, GA 30911
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
, ~ \~. )J...--
;fi99!Ri~~J1P:;frm:{?:!{1m:;m;m:m:;m:;m:m:;:i;i:;:l:?;::;::?;i:;:;rri?:;:;ri;::ri:i;!:r!:r;?;::;;;::;rrri;i:i?:;:i:rrr:?::???;:::::1:;;i:J.;lli::;::;i~imrill:i0::~i:;~!:J:t::ill:ir:j::::::::;::::;:;::;r!:!:i::;;:;;;;:;;;?;;m;:;r;;:;:i;i:;;;rinMig9miF:~9ffif!1~:!1~,::
,
-~
4186 Crosstowne Court
Evans, Georgia 30809
Allen-Batchelor Const., Inc.
(706) 868-6534 Phone
(706) 860-1129 Fax
To: Augusta-Richmond Cty Parks & Rec,
530 Green Street, Rm. 806
Augusta, GA 30911
Date
Re:
28-Apr -99
Fleming Tennis Center
Attn. Tom Beck
File No.:
We are sending you herewith:
n Prints
I x Documents
C:::I Samples
Cooies Descriotion Date
1 ea. Fleminq Tennis Center P&P Bonds
1 ea, Fleminq Tennis Center Insurances
A roved
I Revise & Resubmit
x
Please Return ....2- Corrected or Approved Copies
R
E Please review this information and provide us with your ap roval ASAP. We would like
M to start work next week 5/3/99 if at all ossible.
A
R
K
5
John C. Allen
cc: Darren @ JLA
File
<
Bond No. 8974 0053
PERFORMANCE BOND
Conforms with The American Institute of Archltectll
A.I.A. document No. A-311
KNOW ALL BY lHESE PRESENTS: that ALLEN BATCHELOR CONSTRUCTION, INC.,
4186 Crosstowne Court, Evans, Georgia 30809 (Here insert full name and address or legel title of Contractorl
as Principal, hereinafter called Contractor, and, VIGILANT INSURANCE COMPANY.
100 William Street. New York. NY 10038 (Here Insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and finnly bound unto AUGUSTA-RICHMOND COUNTY. GEORGIA
Room 605, Purchasing Department, City-Council Municipal Bldg. (111. (Here insert full name and address or legal title of Owner)
Augusta, Georgia 30911-3999
as Obligee, hereinafter called Owner, in the amount of One Hundred Fourteen Thousand Five Hundred and 00/1 00 - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - - - - Dollars ($ 114,500.00 ).
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated
March 29,
1999 , entered into a contract
with Owner for FLEMING TENNIS COURT IMPROVEMENTS
PURCHASE ORDER NO. P04393
(Here Insert full name. address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
5-1219/GEEF 10/96
Page 1 of 2
PERFORMANCE BOND
8974 0053
NOW, THEREFORE, THE CONDmON OF TIllS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be
in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly
1) Complete the Contract in accordance with its terms and
conditions, or
2) Obtain a bid or bids for completing the Contract in accordance
with its terms and conditions, and upon detennination by Surety
of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder
and Owner, and make available as Work progresses (even though
there should be a default or a succession of defaults under the
Signed and sealed this
19th
day of
'~?~~ -
(Witness)
G:J "- \ \ LA) \..\.) eJvI~ )
-
Debbie Jones (Witness)
cxnmRSICMD: ~ -€ 1< kUL-
Christopher B. ~rtham, State of Georgia
Licensed Resident Agent
$-1219/GEEF 10/96
Page 2 of 2
contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance of tlle
contract price, n as used in this paragraph, shall mean the total
amount payable by Owner to Contractor under the Contract and
any amendments thereto, less the amount properly paid by Owner
to Contractor.
Any suit under this bond must be instituted before tlle
expiration of two (2) years from the date on which final payment
under the Contract falls due.
No right of action shall accrue on this bond to or for the use
of any person or corporation other than the Owner named herein or
the heirs, executors, administrators or successors of the Owner.
April
, 1999 .
(Seal)
(principal)
(Title)
INSURANCE COMPANY,
iIIiam Street, New York, NY 1 00~8
160 Technology Parkway, Norcross, Georgia
(Seal)
(Surety)
{
B~~~t
(Title)
~ Chubb
~ Surety
POWER
OF
ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
Attn.: Surety Department
15 Mountain View 'Road
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New Yorl<
corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Tom S. Lobr ano, I I I ,
A.B. Lynch, Jr., James C. Congelio,and Bradford W. Bush of Jacksonville,
Florida-----------------------------------------------------------------------,
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and
on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given
or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any
instrument referred to in said bonds or obligations.
~_~4/t?d--~
Kenneth C. Wendel, Assistant Secr tary
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIAC INDEMNITY COMPANY have
each executed and attested these presents and affIXed their corporate seals on March 27th ,1998.
#$~
STATE OF NEW JERSEY } 6$.
County of Somerset
On March 27th, 1998, before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of
FEDERAl INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNrTY COMPANY, the companies which executed the foregoing Power
of Attorney. and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAl INSURANCE COMPANY,
VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNrTY COMPANY and knows the corporate seals thereof. that the seals affixed to the foregoing Power of
Attorney are such corpora1e seals and were thereto affixed by authority of the By-Laws of said Companies; and that he sJgned said Power of Attorney as Assistant
Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that
the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E, Robertson, and was thereto subscribed by
authority of said By-Laws and in deponent's presence,
NotariaJ Seal" .'" '" \,",\.
::: " NuTAAY ":." \
, \" ~;~<) J
""',,<...~'iwj'Ei.~~./ i
....,..........~"'.. . .
L.' " _.,...J CERTIFICATION
Extract frorn the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
.AII powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the
Chairman or the President or a VICe President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their
respective designations, The signature of such officers may be engraved, printed or lithographed. The signature of each of the following
officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the
Company may be affIXed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or
Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and
any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with
respect to any bond or undertaking to which It Is attached."
I, Kenneth C, Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the 'Companies.) do hereby certify that
(i) the foregoing extract of the By-Laws of the Companies Is true and correct,
(ii) the Companies are duly licensed and authorized to transact surely business in aD 50 of the United States of America and the District of
C.vIumbia and are authorized by the U, S, Treasury Department; further, Federal and VIQiIant are licensed in Puerto Rico and the U, S, Vargin
Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 19th day of April
WENDlE P. WAlSH
Public. State of New Jersey
MliGJY No 00545()4
commlB8lOn ExPW811 Aprt118. 2003
~k';J~
Notary Public
,19~.
~~~~~
/ Kenneth C, Wendel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MA TIER, PLEASE CONTACT US AT. ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com
15-10.0zzs (Ed, 2-98) CONSENT
LABOR AND MATERIAL PAYMENT BOND
Conforms with The American Institute of Architects
AJ.A. Document No. A-311
Bond No. 8974 0053
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDmONED ON THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS: that ALLEN BATCHELOR CONSTRUCTION, INC.,
41 86 Crosstowne Court, Evans, Georgia 30809 (Here In8ert full name and addre88 or legal title of Contractorl
as Principal, hereinafter called Principal, and, VIGILANT INSURANCE COMPANY,
100 William Street, New York. NY 10038 (Hereln8ert full name and addre88 or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA-RICHMOND COUNTY, GEORGIA
Room 605, Purchasing Department, City-Council Municipal Bldg. (11), (Hereln8ert full name and addre88 or legal title of Owner)
Augusta, Georgia 30911-3999
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred
Fourteen Thousand Five Hundred and 00/1 00 - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 114,500.00 ).
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated
March 29,
1999 , entered into a contract
with Owner for FLEMING TENNIS COURT IMPROVEMENTS
PURCHASE ORDER NO. P04393
(Here Insert full name, addres8 and description of project)
in accordance with Drawings and Specifications prepared by
(Here In8ert full name and addre88 or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
5-1220/GEEF 2/97
Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND
8974 0053
NOW, TIffiREFORE, TIIE CONDmON OF TIllS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it
shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both. used or reasonably required for use in the perfonnance of the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract
2. The above named Principal and Surety hereby jointly and
severally agree with the Omler that every claimant as herein defmed,
who has not been paid in full before the expiration of a period of ninety
(90) days after the date on which the last of such claimant's work or labor
was done or performed, or materials were furnished by such claimant,
may sue on this bond for the use of such claimant, prosecute the suit to
finaI judgment for such sum or sums as may be justly due claimant, and
have execution thereon. The Omler shall not be liable for the payment of
any costs or expenses of any such suit
3. No suit or action shall be conunenced hereunder by any claimant
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
after such claimant did or performed the last of the work or labor, or
furnished the last of the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name of the party
to whom the materials
Signed and sealed this
19th
day of
~ ~..s
----
(Witness)
~^~N0'n~ )
Debbie Jones ~ ~ . (Witness)
CUJNfERSIGNED: D ,tJ~
.8m r B. WJrtliam, State of Georgia
Licensed Resident Agent
5-1220/GEEF 2197
Page 2 of 2
were furnished, or for whom the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail or
certified mail. postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which
Principal ceased Work on said Contract, it being understood, however, that
if any limitation embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shall be deemed to be
amended so as to be equal to the minimum period of limitation permitted
by such law.
c) Other than in a state court of competent jurisdiction in and for the
county or other political subdivision of the state in which the Project, or
any part thereof, is situated, or in the United States District Court for the
district in which the Project, or any part thereof, is situated, and not
elsewhere,
4, The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount of such lien be
presented under and against this bond.
April
, 1999 .
{
(Title)
(Seal)
(principal)
{
VIGILA URANCE COMPANY,
100 William Street, New York, NY 10038
160 Technology Parkway, Norcoss, Georgia
(Seal)
(Surety)
~~{"ff~
Bradford . Bush, Attorney-in-Fact
(Title)
~ Chubb
~ Surety
POWER
OF
AlTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
Attn.: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York
corporation. and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Tom S. Lobr ano, I I I ,
A.B. Lynch, Jr., James C. Congelio,and Bradford W. Bush of Jacksonville,
Florida------------------------------------------------------------------------
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and
on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given
or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any
instrument referred to in said bonds or obligations.
4J~~~ed__~
I<enneth C, Wendel, Assistant Secr tary
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNfTY COMPANY have
each executed and attested these presents and affIXed their corporate seals on March 27th ,1998,
~~~
STATE OF NEW JERSEY} ss.
County of Somerset
On March 27th, 1998, before me, a Notary Public of New Jersey, personally came Kenneth C, Wendel, to me known to be Assistant Secretary of
FEDERAl INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power
of Attomey, and the said Kenneth C, Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAl INSURANCE COMPANY.
VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affIxed to the foregoing Power of
Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies; and that he signed said Power of Attomey as Assistant
Secretary of saie! Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that
the signature 01 Fr.IOk E, Robertson, subscribed to said Power of Attorney is In the genuine handwriting of Frank E, Robertson, and was thereto subscribed by
authority of said By.l.-aws lInd in deponent's presence,
Notarial Seal,: ' ,:">'"
.:::: Nul'~Y ".' ~;
.~~ ". ....pue'J~....: ~f
<<~<:"iwj~'ifr-:",~~ i
~1rt1"\.' ~.
L.. -, ._,,_..1 CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
.AII powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the
Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their
respective designations, The signature of such officers may be engraved, printed or lithographed, The signature of each of the following
officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the
Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or
Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and
any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with
respect to any bond or undertaking to which it is attached."
I, Kenneth C, Wendel, Assist..nt Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the .Companies.) do hereby certify that
(I) the foregoing extract of the By-Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of
Culumbia and are authorized by the U. S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U, S, Virgin
Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 19th clay of April
wENDIE p, WALSH
Pub\IC Stat8 of New Jersey
MDta1Y * ()()54504
eommlll8iOn 8tplree Aprll18, 2003
Ak.;J PL--
Notary Public
,19~.
~J~~~
/ Kenneth C, Wendel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: 5urety@chubb.com
15-10-0225 (Ed, 2-98) CONSENT
.~~:_~~j~~~~']
,',"",""""" """ """ "",' ,,"","'" """,.. PJiONE"""""""""""""" ,.. """"""""",.", "" ",."" ",..'""", ""'" ""'" """'" ,.""""".. ,..""""", ,', """"""""""",',"" """""",",',""', "',",',"',', ,","",""" ,,""" '"
PRODUCER ~ (A1C, No, Ext): ( 706 ) 6 5 0 - 6000 COMPANY : BINDER 1#
..'FAX....'......'6'O'6')'6'S'O'~'60'oi'............................. C; nc; nnat; Insurance Company .B990401625
..".... ............'.. ...., I:~~I:\# lIvE" ......, ...... ............".."".." ',......,"",......," 'EXPIRATION ....,..", ........,..
"",...."..,~~T,E....,..,.."..,'.. ,..",..""" "",ll,N1~.,., ' DAT,E;""..,...." TIME
12 : 01 'X AM :..x,...: 12:01 AM
PM 0 5/2 7/19 9 9 ' : NOON
Blanchard & Calhoun Ins Agency, Inc.
POBox 212359
Augusta, GA 30917-2359
04/27/1999
CODE: 10 087
'AGENCy""..,",..,""",..........,."...., ,
CUSTOMER 100000 1237
INSURED
, SUB CODE:
................................. ........................... ..............
. THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
~ PER EXPIRING POLICY #:
DESCRIPTION OF OPERATlONSNEHICLESlPROPERTY (Including Location)
AUGUSTA RICHMOND COUNTY COMMISSION
530 GREENE STREET
AUGUSTA, GA 30911
TENNIS CENTER IMPROVEMENTS
AVE, AUGUSTA, GA
TYPE OF INSURANCE
CAUSES OF LOSS
BASIC I ~ BROAD . . SPEC
COVERAGElFORMS
AMOUNT
DEDUCTIBLE COINS %
GENERAL UABIUTY
RETRO DATE FOR CLAIMS MADE:
GENERAL AGGREGATE : $ 2,000,000
........,....................................
PRODUCTS. COMP/OP AGG . $
........................... .......................
PERSONAL & ADV INJURY . $
.......................................... ...................................
EACH OCCURRENCE '$ 1,000,000
................... .................... ......................................
FIRE DAMAGE (Anyone fire) '$
'MiD 'EXP '(;;;;~' ~~~'~~~i"'" ":''$'"'''''' """"""""""""""
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
MEDICAL PAYMENTS $
PERSONAL INJURY PROT $
UNINSURED MOTORIST $
$
OCCUR
AUTOMOBILE UABlUTY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
AUTO PHYSICAL DAMAGE DEDUCTIBLE
COLUSION:
ALL VEHICLES
SCHEDULED VEHICLES
ACTUAL CASH VALUE
STATED AMOUNT
OTHER
AUTO ONLY. EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
SELF. INSURED RETENTION
STATUTORY LIMITS
EACH ACCIDENT
DISEASE. POLICY LIMIT
DISEASE. EACH EMPLOYEE
$
OTHER THAN COL:
GARAGE UABIUTY
ANYAUTq
EXCESS UABIUTY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
RETRO DATE FOR CLAIMS MADE:
WORKER'S COMPENSATION
AND
EMPLOYER'S UABIUTY
SPECIAL
CONDmONSI
OTHER
COVERAGES
, : LOSS PAYEE ;
LijAN'ii..'...... , ........,.., ....,..".."....,....,....,..',..",.., ,....,...."....,...., ......,..........,..........,
ALLEN BATCHELOR CONSTRUCTION
4186 CROSSTOWNE COURT
EVANS, GA 30809
CO.. INC.
AUTHORIZED REPRESENTATIVE
~!PE![{9!:'Jlim~1}~~f:~~~~~~~:~f::Ht::r~:~f:~:~:rl:rrr~ff:rl'iRJSNM'RRIf:iOOmU;tD\"""",:::::,,:<:,,!'~~Ri.~~E!:!~Wfrr~~.:~~:'::t.:::~~.~~R~~g;Mn9~M~!:~
. ... .. . ...
'PRoDUcER" '6 O'6')"6"S'O'~'600'ii"""""""""""'FAX" 6o'6')'6'5'O'~'6'ooi"'" .. ...... .., ~~I~y AND CON~~~~ NO RIGHTS ~;;~ ~~~ ~ER;:IFlCATE IVr4
lanchard & Calhoun Ins Agency, Inc HOLDER.THISCERTlFICATEDOESNOTAMEND,EXTENDOR
P 0 Box 2123 5 9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Augusta, GA 30917-2359 : COMPANIES AFFORDING COVERAGE
Attn:
'iNSURED
Ext:
COMPANY
A
Cincinnati Insurance Company
COMPANY
B
ALLEN-BATCHELOR
4189 CROSSTOWNE
EVANS GA 30809
CONSTRUCTION CO INC
CT
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO
LTR
TYPE OF INSURANCE
POUCY NUMBER
POUCY EFFECTIVE i POLICY EXPIRATION
DATE (MMlDDNY) DATE (MMlDDNY)
UMITS
~EN5ERAL UABlUTY
COMMERCIAL GENE~L..~IABILlTY
CLAIMS MADE: , OCCUR
:........
OWNE~S&CONTRACTO~SPROT
AN'(AUTO
GENERAL AGGREGATE ,$
PRODUCTS COMPIOP AGG $
PERSONAL & ADV INJURY $
1 EACH OCCURRENCE , $
1
i FIRE DAMAGE (Anyone fire) $
i MED EXP (Anyone person) :$
;
COMBINED SINGLE LIMIT $
BODILY INJURY $
(Per person)
BODILY INJURY :$
(Per accident)
PROPERTY DAMAGE $
i'...";........,',......,",....,......,....,........,..,..,
AUTOMOBILE UABIUTY
':...,
.,.....,
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
.......
,......,
,.., ..,..,......",'........'..','....'"..""......""
GARAGE UABIUTY
......,
......,
ANY AUTO
AUTO ONLY EA ACCIDENT $
....................."............................... ..... .... ..
................ ............ ',. ..........
,O:r~,ER.r.':v.'~, ~~:r<:> ,?~,L~:.", ,'::::::Ii:?:):::'::::::fi\\\(fi?lf
EACH ACCIDENT, $
..................................................................... ................
AGGREGATE: $
EACH OCCURRENCE $
AGGREGATE : $
,S
~.," ,,:. :r()~X.LIM.r.r~,: "... tE~ ,mtt:::'::{::~:{{t::t::::mmmt:r't
: EL EACH ACCIDENT $
..,.., ..".."...."........"..",..",'...."....,.."..,
EXCESS UABIUTY
......,..
.' UMBRElI.A FORM
......'i OTHER THAN UMBRELLA FORM
i WORKERS COMPENSATION AND
EMPLOYERS' UABIUTY
THE PROPRIETOR!
PARTNERSlEXECUTIVE
OFFICERS ARE:
i OTHER
BUILDERS RISK
~........ INCL
:HUH EXCL
. EL DISEASE POLICY LIMIT '$
.................... ......... .......... ...... ............................
EL DISEASE. EA EMPLOYEE $
$1,800,000 STRUCTURE UNDER
A
~PP0692328
03/24/1998 i 03/24/2001
CONSTRUCTION, S1, 000 DED,
SPECIAL COVERAGE
DESCRIPTION OF OPERA TIONSlLOCA TIONSlVEHICLESlSPECIAL ITEMS
LEMING TENNIS CENTER IMPROVEMENTS
:SmglfmlIsJ1.gfBs!m:Ji::llt:::m::::m:fm:::)':I:)I:m::::::::::11:::m:)N:m:lm:m:m:m::::::m:::I::::::ml:m::::::I:I:::Jm:m:m:m:f\,;;:",:,:",:/:,::::,::.:,::;:mf,Brt:m:m:::::::m:t:::lr::f::::::::'::,::mm:I=::m::I:::m:::::::::m::::::::::I:m::::::{,m:J:IIf:::I:@::'::Im::::::':@:I::::::::ij,::::m:::n:IIt
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
....1L DAYS WRlTIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AUGU ST A- RI CHMOND COUNTY COMM I S S ION BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY
5 30 G R E ENE S T R E E T OF AN'( KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUGU ST A, GA 30911 AUTHORIZED REPRESENTATIVE .
. M-- \~, J.A..--
:i:FHWilm!mJ1!@m:::m:mIm::::::::::::m:m:::::m:m::::mmlf@@mmmm@::@:I::t:I:I:::::m:::m:::::::@:::II:m::::I::::II:@nltnm:m:m:H:;if::lli:::lli::l:mili::::::::~::l:'ili:~:ili::l:t::~::j:n::::m:m:::::nnm:n@m:m:@III::'@:'):@::~E9Wi!1Smm~!8r:M!!l
ii
-i
Allen-Batchelor Const., Inc.
4186 Crosstowne Court (706) 868-6534 Phone
Evans, Georgia 30809 (706) 860-1129 Fax
To: Augusta-Richmond Cty Parks & Rec.
530 Green Street, Rm, 806
Augusta, GA 30911
Date
Re:
28-Apr -99
Fleming Tennis Center
Attn. Tom Beck
File No.:
We are sending you herewith:
D Prints
I x I Documents
II Samples
CODies Descriotion Date
1 ea. Flemina Tennis Center P&P Bonds
1 ea. Fleminq Tennis Center Insurances
Aooroved ! Reiected x For Your Aooroval I Annroved as Noted
Revise & Resubmit I x For Your Use You Mav Proceed I Do Not Proceed
Please Return 0
Corrected or Approved Copies
R
E Please review this information and provide us with your ap roval ASAP, We would like
M to start work next week 5/3/99 if at all possible.
A
R
K
5
John C. Allen
cc: Darren @ JLA
File
"
Bond No. 89740053
PERFORMANCE BOND
Conforms with The American Institute of Architects
A.I.A. document No. A-311
KNOW ALL BY THESE PRESENTS: that ALLEN SA TCHELOR CONSTRUCTION, INC.,
4186 Crosstowne Court, Evans, Georgia 30809 (Here Insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and, VIGILANT INSURANCE COMPANY,
100 William Street. New York. NY 10038 (Here Insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA-RICHMOND COUNTY, GEORGIA
Room 605, Purchasing Department, City-Council Municipal Bldg. (11), (Here insert full nome and address or legal title of Owner)
Augusta, Georgia 30911-3999
as Obligee, hereinafter called Owner, in the amount of One Hundred Fourteen Thousand Five Hundred and 00/100 - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 11 4,500.00 ).
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, finnly by these presents.
WHEREAS,
Contractor has by written agreement dated
March 29,
1 999 , entered into a contract
withOwnerfor FLEMING TENNIS COURT IMPROVEMENTS
PURCHASE ORDER NO. P04393
(Here Insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
5-1219/GEEF 10/96
Page 1 of 2
PERFORMANCE BOND
8974 0053
NOW, THEREFORE, THE CONDmON OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be
in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly
1) Complete the Contract in accordance with its terms and
conditions. or
2) Obtain a bid or bids for completing the Contract in accordance
with its terms and conditions, and upon detennination by Surety
of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder
and Owner, and make available as Work progresses (even though
there should be a default or a succession of defaults under the
Signed and sealed this
19th
day of
"~<~~ --
(Witness)
G:J~\ \W ~ern~)
-
Debbie Jones (Witness)
CXllmRSlrnED: ~ ~€t. }~
Christopher B. Vbrtharn, State of Georgia
Licensed Resident Agent
5-1219/GEEF 10/96
Page 2 of 2
contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance of the
contract price," as used in this paragraph, shall mean the total
amount payable by Owner to Contractor under the Contract and
any amendments thereto, less the amount properly paid by Owner
to Contractor.
Any suit under this bond must be instituted before the
expiration .of two (2) years from tlle date on which final payment
under the Contract falls due.
No right of action shall accrue on this bond to or for the use
of any person or corporation other than the Owner named herein or
the heirs, executors, administrators or successors of the Owner.
April
, 1999 .
(Seal)
(principal)
(Title)
INSURANCE COMPANY,
illiam Street, New York, NY 10038
160 Technology Parkway, Norcross, Georgia
(Seal)
(Surety)
{
B~1f~t
(Title)
~ Chubb
~ Surety
POWER
OF
ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
Ann.: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New Yorl<
corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Tom S. Lobr ano, , I I I ,
A.B. Lynch, Jr., James C. Congelio.and Bradford W. Bush of Jacksonville,
Florida-----------------------------------------------------------------------.
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affIX their corporate seals to and deliver for and
on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given
or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any
instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have
~~~~~~.OO.fflmffl.;'-~ffl.~-$~
STATE OF NEW JERSEY} ss,
County of Somerset
On March 27th, 1998, before me, a Notary Public of New Jel$8'(, personally came Kenneth C. Wendel. to me known to be Assistant Secretary of
FEDERAl INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY. the companies which executed the foregoing Power
of Anomey, and the said Kenneth C, Wendel being by me duly swom, did depose and say that he Is Assistam Secretary of FEDERAl INSURANCE COMPANY,
VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affIxed to the foregoing Power of
Attomey are such corporate seals and were thereto affIXed by authority of the By-Laws of said Companies; and that he signed said Power of Attomey as Assistant
Secretary of said Companies by like authority; and that he is acquaimed with Frank E. Robertson, and knows him to be Vice President of said Companies; and that
the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and was thereto subscribed by
authority of said By-laws and In deponent's presence,
Notar.al Seal,. "":" '(<::'.....,
=: ." NCitAR'Y ....' '\
. -*- . :
~ .,'... P\JBUC./ j
\~., 'v~lV' .J'~~~./' i
,.", ~ ~~ .
. ,.' .. ""-'~~'" _...:... CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the
Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary. under their
respective designations. The signature of such officers may be engraved, printed or lithographed, The signature of each of the following
officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the
Company may be affIXed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or
Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings Obligatory In the nature thereof, and
any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certltled by such facsimile signature and facsimile seal shall be valid and binding upon the Company with
respect to any bond or undertaking to which it is attached."
I. Kenneth C, Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the .Companies.) do hereby certlfy that
(i) the foregoing extract of the By-Laws of the Companies is true and correct,
(ii) the Companies are duty licensed and authorized to transact surety business In an 50 of the United States of America and the District of
Culumbia and are authorized by the U, S, Treasury Department; further, Federal and Vigilant are Ilcensed In Puerto Rico and the U, S, Virgin
Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 19th day of April
wENDE P. WALSH
Pub\IC State of New Jersey
IIDtmY ~ 0054504
CoI1ImIsIIon Ex.,lree Apr1118, 2003
Ak'C~
Notary Public
,19~.
~~~~~
/ Kenneth C, Wendel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com
15-10-0225 (Ed, 2.98) CONSENT
LABOR AND MATERIAL PAYMENT BOND
Conforms with The American Institute of Architects
A.I.A. Document No. A-311
Bond No. 8974 0053
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDmONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS: that ALLEN BATCHELOR CONSTRUCTION, INC.,
4186 Crosstowne Court, Evans, Georgia 30809 (Here Insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and. VIGILANT INSURANCE COMPANY.
100 William Street. New York. NY 10038 (Here insert full name and sddress or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA-RICHMOND COUNTY, GEORGIA
Room 605, Purchasing Department, City-Council Municipal Bldg. (11), (Here insert full name and address or legal title of Owner)
Augusta, Georgia 30911-3999
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined. in the amount of One Hundred
Fourteen Thousand Five Hundred and 00/100 - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 114,500.00 ).
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated
March 29,
1999 , entered into a contract
withOwnerfor FLEMING TENNIS COURT IMPROVEMENTS
PURCHASE ORDER NO. P04393
(Here insert full name, sddress and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and addresa or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract
5-1220/GEEF 2197
Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND
8974 0053
NOW, THEREFORE, TIffi CONDmON OF TIllS OBUGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it
shall remain in full force and effect, subject, however, to the following conditions:
I. A claimant is defined as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein dermed,
who has not been paid in full before the expiration of a period of ninety
(90) days after the date on which the last of such claimant's work or labor
was done or performed, or materials were furnished by such claimant,
may sue on this bond for the use of such claimant, prosecute the suit to
final judgment for such Sl.UD or sums as may be justly due claimant, and
have execution thereon. The Owner shall not be liable for the payment of
any costs or expenses of any such suit
3. No suit or action shall be commenced hereunder by any claimant
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
after such claimant did or performed the last of the work or labor, or
furnished the last of the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name of the party
to whom the materials
Signed and sealed this
19th
day of
'~~~
-----
(Witness)
0A ~ c\J~~ )
Debbie Jones ~ (W;tness)
amRSr=, .lJ~
Christo r B. W:irtham, tate 0 rgia
Licensed Resident Agent
S-1220/GEEF 2197
Page 2 of 2
were furnished, or for whom the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (I) year following the date on which
Principal ceased Work on said Contract, it being understood, however, that
if any limitation embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shall be deemed to be
amended so as to be equal to the minimum period of limitation permitted
by such law,
c) Other than in a state court of competent jurisdiction in and for the
county or other political subdivision of the state in which the Project, or
any part thereof, is situated, or in the United States District Court for the
district in which the Project, or any part thereof, is situated, and not
elsewhere.
4, The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount of such lien be
presented under and against this bond,
April
1999 .
{
(Title)
(Seal)
(principal)
{
VIGILA URANCE COMPANY,
100 William Street, New York, NY 10038
160 Technology Parkway, Norcoss, Georgia
(Seal)
(Surety)
~~<($~
Bradford . Bush, Attorney-in-Fact
(Title)
~ Chubb
~ Surety
POWER
OF
ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
Attn.: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New Yorl<
corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Tom S. Lobr ano, I I I ,
A.B. Lynch, Jr., James C. Congelio,and Bradford W. Bush of Jacksonville,
Florida------------------------------------------------------------------------
each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affIX their corporate seals to and deliver for and
on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given
or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any
instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIRC INDEMNITY COMPANY have
each executed and attested these presents and affIXed their corporate seals on Mar c h 2 7 t h ,1998,
,{".~~t:?/.L~ Y. ct:#=~
I<enneth C, Wendel, Assistant Secr tary ~so, Ice resident
STATE OF NEW JERSEY } $S.
County of Somerset
On March 27th. 1998, before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of
FEDERAl INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY. the companies which executed the foregoing Power
of Attomey, and the said Kenneth C, Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAl INSURANCE COMPANY.
VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affIxed to the foregoing Power of
Attomey are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies; and that he signed said Power of Attorney as Assistant
Secretary of saic Companies by like authority; and that he is acquainted with Frank E. Robertson. and knows him to be Vice President of said Companies; and that
the signature of Frdnk E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson. and was thereto subscribed by
authOrity of said By..l...,dWS lInd in deponent's presence.
Notarial SMiI '. ' '.:">""
.::-: NUt..v\'i '. , \
WENDIE P. WAlSH
...." PublIC. State 01 New Jersey
No 0054504
eommlll8lOn Expires Aprll18, 2003
Ak'~~
Notary Public
; _:'1'- :
\<,i;~:::~~,~,>l i
~~.. ,.
..._ _, \I" ___,....J CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
.AII powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the
Chairman or the President or a Vice President or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary, under their
respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following
officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the
Company may be affIXed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or
Attorneys-in-Fact for purpoSes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and
any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with
respect to any bond or undertaking to which it is attached."
I. Kenneth C, Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the .Companies") do hereby certify that
(i) the foregoing extract of the By-Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in aD 50 of the United States of America and the District of
Columbia and are authorized by the U. S. Treasury Department; further, Federal and VIgilant are licensed in Puerto Rico and the U, S, Virgin
Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true. correct and in full force and effect.
Given under my hand and seals of said Companies at Warren. NJ this 19th day of April
,19~,
~J~ ~~/
/ Kenneth C, Wendel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MA TIER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: 5urety@chubb.com
1>10-0225 (Ed, 2-98) CONSENT
"iHi's"'e'iNDE'R'is'i.,'TE'MPoRARy'iNSURANCE' ^coNTRAcf: 's'i. ifjJecftO'tHE"coNDmO'Ns'SHOW'trON'nIE"REVERsE"s'ioE"oi='fHlsFORM:"""""""'"
'PRoDuceif" """"'" """"'" ,,',' """:' f1jg~~;'~i:""('7'O'6')'6'S'O'~'600' 0"""" """"""" """ '" 'COMPANY"".,""',.. """'" ",', ",'..' ","""',',"""""""" "" ,,' ""',"EiiNDER Ii ,',","",', ,,' ,",""""",' ",",
"~~i"""""'iio~i6io~~ooi"""""""""""'"""""'Cincinnati Insurance CompanyB990401625
",..", ,,' '" '" "..', ,,',' EFFECTIVE""" """""""",',' """" "" ":"'" ";"",, ""'" 'EXPIRATION """""",""""
DATE TIME' DATE TIME
.....................................,........,................ ........."..............
04/27/1999 12:01' X AM OS/27/1999 L,~..':12:01AM
PM : NOON
Blanchard & Calhoun Ins Agency, Inc.
POBox 212359
Augusta, GA 30917-2359
CODE: 10 087
'AGENCy""..,"",., ,."..""...,..",.."..',
CUSTOMERloO00012 3 7
INSURED
: SUB CODE:
, THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
: PER EXPIRING POLICY #:
DESCRIPTION OF OPERATlONSNEHICLESlPROPERTY (Including Location)
AUGUSTA RICHMOND COUNTY COMMISSION
530 GREENE STREET
AUGUSTA, GA 30911
LEMING TENNIS CENTER IMPROVEMENTS
HESTER AVE, AUGUSTA, GA
TYPE OF INSURANCE
CAUSES OF LOSS
BASIC BROAD : : SPEC
COVERAGElFORMS
AMOUNT
DEDUCTIBLE COINS %
GENERAL UABJUTY
; COMMERCIAl GENERAL LIABILITY
1.~:~3L.',','J CLAIMS MADE OCCUR
X ,OWNER'S & CONTRACTOR'S PROT
AUTO PHYSlCAL DAMAGE DEDUCTIBLE
........\ COLLISION:
1 OTHER THAN COL:
GARAGE UABIUTY
All VEHICLES
SCHEDULED VEHICLES
GENERAl AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG $
PERSONAL & ADV INJURY $
EACH OCCURRENCE $ 1 000 000
FIRE DAMAGE (Anyone fire) $
M ED EXP (Anyone person) $
COMBINED SINGLE LIMIT :$
BODILY INJURY (Per pernon) $
BODILY INJURY (Per accident) '$
PROPERTY DAMAGE $
MEDICAL PAYMENTS $
PERSONAL INJURY PROT $
UNINSURED MOTORIST $
$
ACTUAL CASH VALUE
STATED AMOUNT :$
OTHER
AUTO ONLY - EA ACCIDENT '$
OTHER THAN AUTO ONLY:
EACH ACCIDENT
RETRO DATE FOR CLAIMS MADE:
AUTOMOBILE UABIUTY
': ANY AUTO
All OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
ANY AUTO
EXCESS UABIUTY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
RETRO DATE FOR CLAIMS MADE:
AGGREGATE : $
EACH OCCURRENCE : $
............................................................... .....H...........
AGGREGATE . $
........ ................ ....... ................... ............ ............. .... ........
SELF-INSURED RETENTION '$
STATUTORY LIMITS
EACH ACCIDENT . $
DISEASE - POLICY LIMIT , $
DISEASE. EACH EMPLOYEE : $
WORKER'S COMPENSATION
AND
EMPLOYER'S UABlUTY
SPECIAL
CONDITIONSI
OTHER
COVERAGES
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: ~ MORTGAGEE X ; ADDITIONAl INSURED
~ LOSS PAYEE
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ALLEN BATCHELOR CONSTRUCTION
4186 CROSSTOWNE COURT
EVANS, GA 30809
co., INC.
AUTHORIZED REPRESENTATIVE
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1 an chard &, Cal houn Ins Agency, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
POBox 212359 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Augusta, GA 30917-2359 : COMPANIES AFFORDING COVERAGE
Attn:
'iioiS'URED
Ext:
COMPANY
A
Cincinnati Insurance Company
COMPANY
B
ALLEN-BATCHELOR CONSTRUCTION CO INC
4189 CROSSTOWNE CT
EVANS GA 30809
COMPANY
C
COMPANY
D
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITlONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
................. ....
>
CO
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TYPE OF INSURANCE
POUCY NUMBER
POUCY EFFECTIVE ::POUCY EXPIRATION
DATE (MMlDD/YY) :: DATE (MMlDDIYY)
LI MITS
I;~EN~~:M=~ENE~L,,~IABILITY
CLAIMS MADE L....,: OCCUR
OWNERS & CONTRACTOR'S PROT
('....1.......'.........""......'...."'................'
AUTOMOBILE UABIUTY
;:.......
ANY AUTO
ALL OWNED AUTOS
......,
SCHEDULED AUTOS
,
GENERAL AGGREGATE $
PRODUCTS COMP/OP AGG $
PERSONAL & ADV INJURY $
EACH OCCURRENCE $
$
:$
FIRE DAMAGE (Anyone fire)
MED EXP (Anyone person)
COMBINED SINGLE LIMIT $
BODILY INJURY
(Per person)
$
......,
:......
HIRED AUTOS
NON-OWNED AUTOS
BODILY INJURY
(Per accident)
:$
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$
:
: AUTO ONLY - EA ACCIDENT : $
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; GARAGE UABlUTY
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j : ANY AUTO
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...........................................................
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AGGREGATE: $
THE PROPRIETOR!
PARTNERSIEXECUTIVE
OFFICERS ARE;
: OTHER
BUILDERS RISK
INCL,
(": EXCL
EACH OCCURRENCE : $
AGGREGATE : $
:$
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EL EACH ACCIDENT $
, '
~......................................................................................
EL DISEASE POLICY LIMIT : $
........... ...... ............................ ......
EL DISEASE EA EMPLOYEE $
EXCESS UABlUTY
......" UMBRELlA FORM
......,\ OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' UABIUTY
$1,800,000 STRUCTURE UNDER
A
~PP0692328
03/24/1998 03/24/2001
CONSTRUCTION, $1,000 OED,
SPECIAL COVERAGE
DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlSPECIAL ITEMS
LEMING TENNIS CENTER IMPROVEMENTS
:$IHtf:!RtIEJIB.!/m:I{:::):::::{:):mmw:::::m:m:::m:m:::::m:::):;::m:l:::m:::mm::t::U)t):):m@t::::m:t::mf::::::::::m:m:m:lt/:;:::::::::=:::::;:i:::::/:;:;::i::;Uw::::r:t):::;):m:):)=):m:::::m::t::t):=:::::):::):::):::t::):::::m:m:m:::::::::::m:::::):::):::m:::::I::):)::::::;:::m:::::::m:):)::::::::::t:::):):::m:::))::::::::::::m::::::::
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
AUGUSTA-RICHMOND COUNTY COMMISSION
530 GREENE STREET
AUGU S T A GA 30911 AUTHORIZED REPRESENTATIVE .
, : ~ \~,}J........
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EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
-1.0- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIUTY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
FLEMING TENNIS CENTER
IMPROVEMENTS
;.
Prepared For
AUGUSTA-RICHMOND COUNTY COMMISSION
AUGUSTA, GEORGIA
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Prepared By
JOHNSON, LASCHOBER & ASSOCIATES, P.C.
. ENGINEERS. DESIGNERS . CONSULTANTS.
1296 Broad Street, Augusta, GA 30901
JANUARY 1999 JLA JOB No. 42.802
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FLEMING TENNIS CENTER IMPROVEMENTS
AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
JLA No. 42.802
ADDENDUM NO.3
February 22, 1999
In reference to the plans and specifications entitled "Fleming Tennis Center
Improvements", dated January 1999, prepared by Johnson, Laschober & Associates,
P .C., the following is hereby made a part of these documents:
Base Bid - Courts 1-5 are to be resurfaced as per Sheet C-l and the Contract
Specifications. Add Alternate No. 1 is to resurface Courts 1-5 and modify the court .
layout as per Sheet C 1.1 of the Contract drawings.
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FLEMING TENNIS CENTER IMPROVEMENTS
AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
ADDENDUM NO.2
FEBRUARY 3,1999
In reference to the plans and specifications entitled 'Fleming Tennis Center
Improvements", dated January 1999, prepared by Johnson, Laschober & Associates, P.C.,
the following is hereby made a part of these documents.
Please replace Pages 2 and 3 of BID FORM with Pages 2 & 3 attached hereto.
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Price, within the Contraet Time and in accordance with the other terms and conditions
of the Contract Documents, including specifically the provisions of paragraph 4.2 of
the General Conditions; and no additional examinations, investigations, explorations;""
tests, reports or similar infonnation or data are or will be required by BIDDER for
such purposes.
d. BIDDER has reviewed and checked all infonnation and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests, reports or similar infonnation or data in respect of said Underground Facilities
are or will be required by BIDDER in order to perfonn and furnish the WORK at the
Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of
paragraph 4.3 of the General Conditions.
e. BIDDER has correlated the results of all such observation.s, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions
of the Contract Documents.
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t: BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies
that it has discovered in the Contract Documents and the written resolution thereof
by ENGINEER is acceptable to BIDDER
g. This bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or
rules of any group, association, organization or corporation; BIDDER has not directly
or indirectly induced or solicited any other Bidder to submit a false or sham Bid;
BIDDER has not solicited or induced any person, !inn or corporation to refrain from
bidding; and BIDDER has not sought by collusion to obtain for itself any advantage
over any other Bidder or over OWNER.
BIDDER will complete the WORK for the following price(s):
BASE BID
Total Lump Sum $
5.
Reference Specification Section 01030 - Alternates, paragraph 3 .1.A - 3.l.E.
A Alternate No.1: Base bid is for courts 1-5 to be resurfaced, relined, and all cracks
sealed. Add Alternate is to resurface, reline and seal cracks as well as convert
courts 1-5 to a 4-court layout as shown on sheet C 1.1 of the contract draWings. Net
posts on courts 2 and 4 will be relocated and courts 1,2,4, 5 will receive new nets
as per detail19/C-4. Add $
B. Alternate No.2: Add Alternate is to relocate north and south light posts(2) and
associated hardware on courts 1-5. Refer to Sheet C-I of contract drawings.
PlI.E\ll.....2I02Wl..IMP(CSIBIOfOIUUIOC
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C. Alternate No.3: Base Bid is to install new windscreens on courts 6-8. Add
Alternate is to install new 6' green Gamma Durascreen Wmdscreens Model CDS6
or approved equal on courts 1-5 as well as 6-8 and remove and dispose of old
Windscreens at the direction of Owner. Wmdscreens to be centered on all existing
10' fencing. Add $
fixtures to be re-aimed to achieve highest average lighting levels utilizing the existing
hardware. Extend existing branch circuits as necessary, fill and compact old holes
to existing grade. Add $
D. Alternate No.4: Add Alternate is to construct concrete bleacher pads and install
new 5-row aluminum bleacher sets as shown on sheet C-l of contract drawings.
Add $
E.. Alternate No.5: Base bid is Owner to remove courts 6-10. Contractor sba1l still
fill and grade area of demolition as shown on plans. Add Alternate is to remove and :
dispose of properly tennis courts 6-10, concrete walks and slabs, lll1d all associated
materials as shown on sheet C-O of the contract drawings. Add $
The Owner may elect to accept any Add Alternate in any order that may be advantageous to
the owner, and incorporate sum as a Change Order. Contraetor shall notifY the Owner when
the decision of accepting an Add Alternate must be made fur the Contractor to be able to bold
the stated" Add Cost" in the above bid form.
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A. A tabulation of subcontractors, suppliers [and other] individuals and entities is
required to be identified in this bid.
6.
BIDDER agrees that the work will be completed and ready fur fina\ payment in accordance
with paragrapb 14. \3 of the General Conditions on or before 2! days after notice to proceed.
The following documents are attached to and made a condition of this Bid:
7.
a) Bid Bond
b) Bidder's Qualification Statement
8.
Communications concerning this Bid shall be addressed to:
The address of BIDDER indicated below.
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L;SCHOBER & ~~SSOCl.t~TES~ F:L.
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FLEMING TENNIS CENTER IMPROVEMENTS
. '
AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
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ADDENDUM NO, 1 '
FEBRUARY 2,1999
In reference to the plans and specifications entitled "Fleming, Tennis Center'
Improvements", dated January 1999, prepared by Johnson, Laschober & Associates, P.C.,
the following is hereby made a part of these documents. ' -
Section 02200 Earthwork contained in: Specification book shall be replaced by
Section 02200 Earthwork, attached hereto. (pages missing in original
Specifications).
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SECTION 02200 - EARTHWORK.
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Preparing and grading sub grades for slabs-on-grade, walks, pavementst and
landscaping.
2. Excavating and backfilling for buildings and structures.
3. Subbase course for walks and pavements.
4. Subsurface drainage backfill trenches.
5. Excavating and backfilling for underground mechanical and electrical utilities and
appurtenances.
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1.3 DEFINITIONS
A. Excavation consists of the removal of material encountered to sub grade elevations and
the reuse or disposal of materials removed.
B. Sub grade: ' The uppermost surface of an excavation or the top surface of a fill or backfill
immediately below subbase, drainage fill, or topsoil materials.
C. Borrow: Soil material obtained off-site when sufficient approved soil material is not
available from excavations.
D. Subbase Course: The layer placed between the sub grade and base course in a paving
system or the layer placed between the sub grade and surface of a pavement or walle
E. Base Course: The layer placed between the subbase and surface pavement in a paving
system.
F. Drainage Fill: Course of washed granular material placed to cut off water and used to
backfill "frenchdrains".
G. Unauthorized excavation consists of removing materials beyond indicated sub grade
elevations or dimensions without direction by the Engineer. Unauthorized excavation,
as well as remedial work directed by the Engineer, shall be at the Contractor's expense.
EARTHWORK
02200 - 1
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H. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs,
mechanical and electrical appurtenances, or other man-made stationary features
constructed above or below ground surface.
,---
I. Utilities include on-site underground pipes, conduits, ducts, and cables, as well as
underground services within building lines.
1.4 SUBMITTALS
A. General: Submit the following according to the Conditions of the Contract and Division
I Specification Sections.
B. Product data for the following:
1. Each type of plastic warning tape.
2. Filter fabric.
3. Geo- Textiles for swale stabilization
C. Test Reports: In addition to test reports required under field quality control, submit the
following:
;1
I. Laboratory analysis of each soil material proposed for fill and backfill from on-site
and borrow sources.
2. One optimum moisture-maximum density curve for each soil material.
1.5 QUALITY ASSURANCE
A. Codes and Standards: Perfonn earthwork complying with requirements of authorities
having jurisdiction.
B. Testing and Inspection Service: Contractor will employ a qualified -independent
geotechnical engineering testing agency to classify proposed on-site and borrow soils to
verify that soils comply with specified requirements and to perfonn required field and
laboratory testing. Cost of these services will be paid by the Contractor.
C. Preinstallation Conference: Conduct conference at Project site.
1. Before commencing earthwork, meet with representatives of the governing
authorities, Owner, Engineer, and other concerned entities. Review earthwork
procedures and responsibilities including testing and inspection procedures and
requirements. 'Notify participants at least 3 working days prior to convening
conference. Record discussions and agreements and furnish a copy to each
participant.
EARTHWORK 02200 - 2
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1.6 PROJECT CONDITIONS
A. Existing Utilities: Do not interrupt existing utilities serving facilities occupied by the
Owner or others except when permitted in writing by the Engineer and then only after
acceptable temporary utility services have been provided.
1. Provide a minimum 48-hours' notice to the Engineer and receive written notice to
proceed before interrupting any utility.
B. Demolish and completely remove from site existing ,underground utilities indicated to be
removed. Coordinate with utility companies to shutoff services if lines are active.
PART 2 - PRODUCTS
2.1 SOIL MATERIALS
A. General: Provide approved borrow soil materials from off-site when suf!icient approved
soil materials are not available from excavations.
B. Satisfactory Soil Materials: ASTM D 2487 soil classification groups GW, GP, GM, SW,
SP, and SM; free of rock or gravel larger tharr 2 inches in any dimension, debris, waste,
frozen materials, vegetation and other deleterious matter.
II
C. Unsatisfactory Soil Materials: ASTM D 2487 soil classification groups GC, SC, ML,
MH, CL, CR, OL, OR, and PT.
D. Backfill and Fill Materials: Satisfactory soil materials.
E. Subbase and Base Material: Naturally or artificially graded mixture of natural or crushed
gravel, crushed stone, and natural or crushed sand, ASTM D 2940, with at least 95
percent passing a 1-l/2-inch sieve and not more than 8 percent passing a No. 200 sieve
(Georgia DOT specification, for Graded Aggregate Base).
F. Engineered Fill: Subbase or base materials.
G. Bedding Material: Subbase or base materials with 100 percent passing a I-inch sieve and
not more than 8 percent passing a No. 200 sieve.
R. Drainage Fill: Washed, evenly graded mixture of crushed stone, or crushed or uncrushed
gravel, ASTM D 448, coarse aggregate grading size 57, with 100 percent passing a
1-1/2-inch sieve and not more than 5 percent passing a No.8 sieve.
1. Impervious Fill: Clayey sand mixture capable of compacting to a dense impervious state.
EARTHWORK
02200 - 3
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2.2 ACCESSORIES
A. Detectable Warning Tape: Acid- and alkali-resistant polyethylene film warning tape
manufactured for marking and identifying underground utilities, 6 inches wide and 4 mils
thick minimum, continuously inscribed with a description of the utility, with metallic core_.
encased in a protective jacket for corrosion protection, detectable by metal detector when
tape is buried up to 2'-6" deep.
1. Tape Colors: Provide tape colors to utilities as follows:
, ~
a. Red: Electric.
b. Yellow: Gas, oil, steam, and dangerous materials.
c. Orange: Telephone and other communications.
d. Blue: Water systems.
e. Green: Sewer systems.
B. Filter Fabric: Manufacturer's standard nonwoven pervious geotextile fabric of
polypropylene, nylon or polyester fibers, or a combination.
1. Provide filter fabrics that meet or exceed the listed minimum physical properties
determined according to ASTM D 4759 and the referenced standard test method in
parentheses:
.;,
a. Grab Tensile Strength (ASTM D 4632): 100 lb.
b. Apparent Opening Size (ASTM D 4751): #100 U.S. Standard sieve.
c. Permeability (ASTM D 4491): 150 gallons per minute per sq. ft.
PART 3 - EXECUTION
3.1 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused
by settlement, lateral movement, undermining, washout, and other hazards created by
earthwork operations.
B. Provide erosion control measures to prevent erosion or displacement of soils and
discharge of soil-bearing water runoff or airborne dust to adjacent properties and
walkways.
C. Tree protection is specified in the Division 2' Section "Site Clearing."
3.2 DEWATERING
A. Prevent surface water and subsurface or ground water from entering excavations, from
EARTIiWORK
02200 - 4
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ponding on prepared sub grades, and from flooding Project site and surrounding area.
B. Protect sub grade soiis from softening and damage by rain or water accumulation.
3.3 EXCAVATION
A. Explosives: Do not use explosives.
B. Unclassified Excavation: Excavation is unclassified and includes excavation to required
sub grade elevations regardless of the character of materials and obstructions encountered.
3.4 STABILITY OF EXCAVATIONS
A. Comply with local codes, ordinances, and requirements of authorities having jurisdiction
to maintain stable excavations.
3.5 EXCAVATION FOR WALKS AND PAVEMENTS
A. Excavate surfaces under walks and pavements to indicated cross sections, elevations, and
grades.
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3.6 EXCAVATION FOR UTILITY TRENCHES
A. Excavate trenches to indicated slopes, lines, depths, and invert elevations.
1. Beyond building perimeter, excavate trenches to allow installation of top of pipe
below frost line.
B. Excavate trenches to uniform widths to provide a working clearance on each. side of pipe
or conduit. Excavate trench walls vertically from trench bottom to 12 inches higher than
top of pipe or conduit, unless otherwise mdicated.
1. Clearance: 12 inches each side of pipe or conduit.
C. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and
support of pipes and conduit. Shape subgrade to provide continuous support for bells,
joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove stones
and sharp objects to avoid point loading.
1. For pipes or conduit less than 6 inches in nominal diameter and flat-bottomed,
multiple-duct conduit units, hand-excavate trench bottoms and support pipe and
conduit on an undisturbed subgrade.
2. For pipes and conduit 6 inches or larger in nominal diameter, shape bottom of
EARTHWORK 02200 - 5
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trench to support bottom 90 degrees of pipe circumference. Fill depressions with
tamped sand backfill.
3.7 APPROVAL OF SUBGRADE
A. Notify Engineer when excavations have reached required subgrade.
B. When Engineer determines that unforeseen unsatisfactory soil is present, continue
excavation and replace with compacted backfill or fill material as directed.
1. Unforeseen additional excavation and replacement material will be paid according
to the Contract provisions for changes in Work.
C. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water,
or construction activities, as directed by the Engineer.
3.8 UNAUTHORIZED EXCAVATION
A. Fill unauthorized excavation under foundations or wall footings by extending indicated
bottom elevation of concrete foundation or footing to excavation bottom, without altering
required top elevation. Lean concrete fill may be used to bring elevations to proper
position when acceptable to the Engineer.
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1. Fill unauthorized excavations under other construction as directed by the Engineer.
B. Where indicated widths of utility trenches are exceeded, provide stronger pipe, or special
installation procedures, as required by the Engineer.
3.9 STORAGE OF SOIL MATERIALS
A. Stockpile excavated materials acceptable for backfill and fill soil materials, including'
acceptable borrow materials. Stockpile SOlI materials without intermixing. Place, grade,
and shape stockpiles to drain surface water.
1. Stockpile soil materials away from edge of excavations. Do not store within drip
line of remaining trees.
3.10BACKFILL
A. Backfill excavations promptly, but not before completing the following:
1. Surveying locations of underground utilities for record documents.
2. Testing, inspecting, and approval of underground utilities.
3. Concrete formwork removal.
EARTHWORK 02200 - 6
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4. Removal of trash and debris from excavation.
5. . Remoyal of temporary shoring and bracing, and sheeting.
3.11 UTILITY TRENCH BACKFILL
A. Place and compact bedding course on rock and other unyielding bearing surfaces and to
fill unauthorized excavations. Shape bedding course to provide continuous support for
bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits.
B. Place and compact initial backfill of satisfactory soil material or subbase material, free
ofpartic1es larger than 1 inch, to a height of 12 inches over the utility pipe or conduit.
1. Carefully compact material under pipe haunches arid bring backfill evenly up on
both sides and along the full length of utility piping or conduit to avoid damage or
displacement of utility system.
C. Coordinate backfilling with utilities testing.
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D. Place and compact final backfill of satisfactory soil material to final subgrade.
E. Install warning tape directly above utilities, 12 inches below finished grade, except 6
inches below sub grade under pavements and slabs.
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3. 12SUBSURFACE DRAINAGE BACKFILL
A. Subsurface Drain: Place a layer of filter fabric around perimeter of drainage trench, as
indicated. Place a 6-inch compacted course of filtering material on filter fabric to support
drainage pipe. After installing and testing, encase drainage pipe to the finished grade of
compacted filtering material and wrap in filter fabric, overlapping edges at least 6 inches.
B. Drainage Backfill: Place and compact drainage backfill of filtering material over
subsurface drain, in width indicated, to final grade. Overlay drainage backfill with one
layer of filter fabric, overlapping edges at least 6 inches. '
.,
3. 13 FILL
A. Preparation: Remove vegetation, topsoil, debris, wet, and unsatisfactory soil materials,
obstructions, and deleterious materials from ground surface prior to placing fills.
1. Plow strip, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill
material will bond with existing surface.
B. When sub grade or existing ground surface to receive fill has a density less than that
required for fill, break up ground surface to depth required, pulverize, moisture-condition
or aerate soil and recompact to required density.
EARTIIWORK
02200 - 7
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C. Place fill material in layers to required elevations for each location listed below.
1. Under grass, use satisfactory excavated or borrow soil material.
2. Under walks and pavements, use subbase or base material, or satisfactory excavated
or borrow soil material.
3.14MOISTURE CONTROL
A. Uniformly moisten or aerate sub grade and each subsequent fill or backfill layer before
compaction to within 2 percent of optimum moisture content.
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1. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain
frost or ice.
2. Remove and replace, or scarify and air-dry satisfactory soil material that is too wet
to compact to specified density.
a. Stockpile or spread and dry removed wet satisfactory soil material.
3.15COMP ACTION
f1
A. Place backfill and fill materials in layers not more than 8 inches in loose depth for
material compacted by heavy compaction equipment, and not more than 4 inches in loose
depth for material compacted by hand-operated tampers.
B. Place backfill and fill materials evenly on all sides of structures to required elevations.
Place backfill and fill uniformly along the full length of each structure.
C. Percentage of Maximum Dry Density Requirements: Compact soil to not less than the
following percentages of maximum dry density according to ASTM D 1557:
1. Under pavements, compact the top 12 inches below sub grade and each layer of
backfill or fill material at 95 percent maximum dry density.
2. Under walkways, compact the top. 6 inches below sub grade and each layer of
backfill or fill material at 95 percent maximum dry density.
3. Under lawn or unpaved areas, compact the top 6 inches below subgrade and each
layer of backfill or fill material at 90 percent maximum dry density.
3. 16GRADING
A. General: Uniformly grade areas to a smooth surface, free from irregular surface changes.
Comply with compaction requirements and grade to cross sections, lines, and elevations
indicated.
1. Provide a smooth transition between existing adjacent grades and new grades.
EARTHWORK 02200 - 8
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2. Cut out soft spots, fill low spots, and trim high spots to conform to required surface
tolerances.
B. Site Grading: Slope grades to prevent ponding. Finish subgrades to required elevations
within the following tolerances:
1. Lawn or Unpaved Areas: Plus or minus 0.10 foot.
2. Walks: Plus or minus 0.10 foot.
3. Pavements: Plus or minus 1/2 inch.
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3.17SUBBASE AND BASE COURSES
A. Under pavements and walks, place subbase course material on prepared subgrades. Place
base course material over subbases to pavements.
1. Compact subbase and base courses at optimum moisture content to required grades,
lines, cross sections and thickness to not less than 95 percent of Modified,Proctor
2. Shape subbase and base to required crown elevations and cross-s!ope grades.
3. When thickness of compacted subbase or base course is 6 inches or less, place
materials in a single layer.
4. When thickness of compacted subbase or base course exceeds 6 inches, place
materials in equal layers, with no layer more than 6 inches thick or less than 3
inches thick when compacted.
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B. Pavement Shoulders: Place shoulders along edges of subbase and base course to prevent
lateral movement. Construct shoulders at least 12 inches wide of acceptable soil materials
and compact simultaneously with each subbase and base layer.
3. I 8 FIELD QUALITY CONTROL
A Testing Agency Services: Allow testing agency to inspect and test each subgrade and
each fill or backfill layer. Do not proceed until test results for previously completed work
verify compliance with requirements.
1. Perform field in-place density tests according to ASTM D 1556 (sand cone
method), ASTM D 2167 (rubber balloon method), or ASTM D 2937 (drive cylinder
method), as applicable.
a.
Field in-place density tests may also be performed by the nuclear method
according to ASTM D 2922, provided that calibration curves are periodically
checked and adjusted to correlate to tests performed using ASTM D 1556.
With each density' calibration check, check the calibration curves furnished
with the moisture gages according to ASTM D 3017.
When field in-place density tests are performed using nuclear methods, make
calibration checks of both density and moisture gages at beginning of work,
on each different type of material encountered, and at intervals as directed by
b.
EARTHWORK
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the Engineer.
2. Paved Areas: At subgrade and at each compacted fill and bacidilllayer, perfonn
at least one field in-place density test for every 2,000 sq. ft. or less of paved area or,
but in no case fewer than three tests.
3. Trench Backfill: In each compacted initial and final backfill layer, perfonn at least
one field in-place density test for each 150 feet or less of trench, but no fewer than
two tests.
B. When testing agency reports that subgrades, fills, or backfills are below specified density,
scarify and moisten or aerate, or remove and replace soil to the depth required, recompact
and retest until required density is obtained.
3. 19PROTECTION
A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion.
Keep free of trash and debris.
B. Repair and re-establish grades to specified tolerances where completed or partially
completed surfaces become eroded, rutted, settled, or lose compaction due to subsequent
construction operations or weather conditions.
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1. Scarify or remove and replace material to depth directed by the Engineer; reshape
and recompact at optimum moisture content to the required density.
C. Settling: Where settling occurs during the Project correction period, remove finished
surfacing, backfill with additional approved material, compact, and reconstruct surfacing.
1. Restore appearance, quality, and condition of finished surfacing to match adjacent
work, and eliminate evidence of restoration to the greatest extent possible.
..
3.20DISPOSAL OF SURPLUS AND WASTE MATERIALS
A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory
soil, trash, and debris, and legally dispose ofit off the Owner's property.
B. Disposal: Transport surplus satisfactory soil to designated storage areas on the Owner's
property. Stockpile or spread soil as directed by Engineer.
1. Remove waste material, including unsatisfactory soil, trash, and debris, and legally
dispose of it off the Owner's property.
END OF SECTION 02200
EARTHWORK.
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SPECIFICATIONS & CONTRACT DOCUMENTS
For
Fleming Tennis Center Improvements
Augusta-Richmond County
TABLE OF CONTENTS
Invitation To Bid
Bid Form
Instruction To Bidders
General Conditions
Supplementary General Conditions
Standard Form of Agreement
Notice of Award
Notice to Proceed
Application for Payment
Change Order
Certificate of Substantial Completion
:'
INDEX TO SPECIFICATIONS
DIVISION
TITLE
DIVISION I
GENERAL REouiREMENTS
01010
01027
01030
01200
01300
01400
Sununary of Work
Applications for Payment
Alternates
Project Meetings
Submittals
Quality Control
DIVISION 2
02070
02200
02510
02511A
02511B
03300
SITEWORK
Selective Demolition
Earthwork
Hot-Mix Asphalt Paving
Existing Tennis Court Resurfacing
Tennis Court Fencing
Cast-In-Place Concrete
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SPECIFICATIONS & CONTRACT DOCUMENTS
For
Fleming Tennis Center Improvements
Augusta-Richmond County
TABLE OF CONTENTS
INDEX TO SPEcmCATIONS (Continued)
DIVISION 3
ELECTRICAL
16050
16511
Basic Electrical Materials and Methods
General Lighting
INDEX TO DRAWINGS
.~
DRAWING NUMBER
DRAWING TITLE
CS.l
C-O
C-l
C-l.l
C-2
C-3
C-4
Cover Sheet
Topographic Survey and Demolition Plan
Layout Plan
Alternate No.1 Court Modification Layout
Grading and Drainage Plan
Soil Erosion and Sediment Control Plan
Miscellaneous Details
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INVITATION TO BID
Sealed Bids will be received at this office until 11 :00 a. m. legally prevailing time on Tuesday,
February 23, 1999, for the construction of:
Bid Item #99-007 Fleming Tennis Center Improvements - Project No. 42.802
~
Geri A. Sams
The Augusta-Richmond County Purchasing Department
530 Greene Street - Room 605
Augusta, GA 30911
At the time and place noted above the proposals will be publicly opened and read. No extension of
the bidding period will be made.
Bidding documents may be obtained at the office of the engineer, Johnson, Laschober & Associates,
P.C., Consulting Engineers, 1296 Broad Street, Augusta, Georgia 30901. Applications for
documents, together with a non-refundable deposit of$50.00 per set shall be filed promptly with the
engineer. Bidding material will be forwarded, shipping charges collect, as soon as possible. Bid
documents may be viewed at the following locations: The Augusta Richmond County Commission
Purchasing Department, The Engineer's Office, Dodge Plan Room., Augusta Builder's Exchange.
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It is the wish of the Owner that minority businesses are 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.
Contract, if awarded, will be on a lump sum basis. No bid may be withdrawn for a period of 60 days
after time has been called on the date of opening. Bids must be accompanied by a bid bond and in
an amount not less than 10% of the base bid. Both a"perfonnance bond and a payment bond will be
required in an amount equal to 100% of the contract price.
.l
The Owner reserves the right to reject any or all bids and to waive technicalities and informalities.
Please mark Bid Item # and Project Name on the outside of the envelope.
GERI A. SAMS, Purchasing Director
Augusta-Richmond County
Consolidated Government
Augusta Chronicle January 25, February 2, 10, 15, 1999
Metro Courier January 27, 1999
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BID FORM
Date: 2/23/99
PROJECT NAME:
Fleming Termis Center Improvements
TIllS BID IS SUBWTIED TO:
Augusta-Richmond County Commission
Purchasing Department, Room 605
Municipal Building
530 Greene Street
Augusta, GA 30911
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Contract Price
, and within the Contract Tune indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
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2. BIDDER accepts aU of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid
security. This Bid will remain subject to acceptance for sixty days after the day of Bid
opening. BIDDER will sign and submit the Agreement with the Bonds and other documents
required by the Bidding Requirements within fifteen days after the date of OWNER'S Notice
of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
a. BIDDER has examined copies of all the Bidding Documents and of the following
Addenda (receipt of all which is hereby acknowledged):
Date
Number One (1)
Two (2)
Three (3)
2/2/99
2/3/99
2/22/99
b. BIDDER has familiarized itself with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Laws and Regulations that in any
manner may affect cost, progress, performance or furnishing of the Work.
c. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations. tests and
studies which pertain to the subsurface or physical conditions at the site or otherwise
may affect the cost, progress, performance or furnishing of the Work at the Contract
fll~.... 2'102\"1,,O" rMSPECS\&IOIO-'....DOC
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Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents, including specifically the provisions of paragraph 4.2 of
the General Conditions; and no additional examinations, investigations, explorations,
tests, reports or similar infonnation or data are or will be required by BIDDER for
such purposes.
d. BIDDER has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests, reports or similar infonnation or data in respect of said Underground Facilities
are or will be required by BIDDER in order to perform and fumi'sh the WORK at the
Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of
paragraph 4.3 of the General Conditions.
e. BIDDER has correlated the results of all such observations; examinations,
investigations, explorations, tests, reports and studies with the terms and conditions
of the Contract Documents.
"
f. BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies
that it has discovered in the Contract Documents and the written resolution thereof
by ENGINEER is acceptable to BIDDER.
g. This bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in confonnity with any agreement or
rules of any group, association, organization or corporatio~ BIDDER has not directly
or indirectly induced or solicited any other Bidder to submit a false or sham Bid;
BIDDER has not solicited or induced any person, firm or corporation to refrain from
bidding; and BIDDER has not sought by collusion to obtain for itself any advantage
over any other Bidder or over OWNER.
BIDDER will complete the WORK for the following price(s):
BASE BID Total Lump Sum $ JJ 4J 5'tJO ~
Reference Specification Section 01030 - Alternates, paragraph 3,1.A - 3.1.E.
A Alternate No.1: Base bid is for courts 1-5 to be resurfaced, relined, and all cracks
sealed. Add Alternate is to resurface, reline and seal cracks as well as convert
courts 1-5 to a 4-court layout as shown on sheet C1.l of the contract drawings. Net
posts on courts 2 and 4 will be relocated and courts 1,2, 4, 5 will receive new nets
as per detail 19/C-4. Add $ (, lOCO .0D
B. Alternate No.2: Add Alternate is to relocate north and south light posts(2) and
associated hardware on courts 1-5. Refer to Sheet C-l of contract drawings.
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fixtures to be re-aimed to achieve highest average lighting levels utilizing the existing
hardware. Extend existing branch circuits as neCessary, fill and compact old holes...
to existing grade. Add $ ~ . 'l::O. 00
I
c. Alternate No.3: Base Bid is to install new windscreens on courts 6-8. Add
Alternate is to install new 6' green Gamma Durascreen Wmdscreens Model CDS6
or approved equal on courts 1-5 as well as 6-8 and remove and dispose of old
Windscreens at the direction of Owner. Windscreens to be centered on all existing
10' fencing. Add $ 4.00D .DO
,
D. Alternate No.4: Add Alternate is to construct concrete bleacher pads and install
new 5-row aluminum bleacher sets as shown on sheet C-l of contract drawings.
Add $ 1', "'3lv . CO
E. Alternate No.5: Base bid is Owner to remove courts 6-10. Contractor shall still
fill and grade area of demolition as shown on plans. Add Alternate is to remove and
dispose of properly tennis courts 6-10. concrete walks and slabs. and all associated
materials as shown on sheet C-O of the contract drawings. Add $ IQ,~OO. t)v
The Owner may elect to accept any Add Alternate in any order that may be advantageous to
the owner, and incorporate sum as a Change Order. Contractor shall notify the Owner when
the decision of accepting an Add Alternate must be made for the Contractor to be able to hold
the stated "Add Cost" in the above bid form.
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A A tabulation of subcontractors. suppliers [and other] individuals and entities is
required to be identified in this bid.
BIDDER agrees that the work will be completed and ready for final payment in accordance
with paragraph 14.13 of the General Conditions on or before 90 days after notice. to proceed.
7.
The following documents are attached to and.made a condition of this Bid:
a) Bid Bond
b) Bidders Qualification Statement
8.
Communications concerning this Bid shall be addressed to:
The address of BIDDER indicated below.
Allen-Batchelor Const., Inc.
4186 Crosstowne Court
Evans, Georgia 30809
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9. The terms used in this Bid which are defined in the General Conditions of the Cons01.lction
Contract included as part of the Contract Documents have the meanings assigned to them
in the General Conditions.
SUBMIITED on Feb. 23
. 1999
If BIDDER is:
An Individual
By
(Individual's Name)
doing business as
Business address:
Phone No.:
:I
A Partnership
By
(Individual's Name)
(General Partner)
Business address:
Phone No.:
A Corporation
By Allen-Batchelor Construction, Inc.
(Corporation Name)
By Georqia
(State of Incorporation)
By John C. Allen
(Name of Person Authorized to Sign)
By Vice-President
(Title)
,..E\\\QIGONEER\SYW'ROJ(CTS\4~tC$'oll~ ooc
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Business a
30809
(Corporation Seal)
Acrest
(Secretary)
Court
Phone No:
#706/868-6534
A Joint Venture
By
. (Name)
(Address)
11
By
(Name)
(Address)
(Each joint venturer must sign. The manner of signing for each individual, partnership' and
corporation that is a party to the joint venroie should be in the manner indicated above).
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INSTRUCTIONS TO BIDDERS
1. Defined Terms.
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned
to them in the General Conditions. The term "Bidder" means one who submits a Bid directly
to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful
Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on
the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding
Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid
Form, and the proposed Contract Documents (including all Addenda issued prior to receipt
of Bids).
2. Copies of Bidding Documents.
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum stated
in the Advertisement or Invitation to Bid may be obtained from Engineer.
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2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor
Engineer assume any responsibility for errors or misinterpretations resulting from the
use of incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids on the Work and do not confer a
license or grant for any other use.
3. Qualifications of Bidders.
To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit
within five (5) days of Owner's request written evidence, such as fmancial data, previous
experience, present commitments and other such data as may be called for below (or in the
Supplementary Instructions). Each Bid must contain evidence of Bidder's qualification to do
business in the state where the Project is located or covenant to obtain such qualification prior
to award of the contract.
4. Examination of Contract Documents and Site.
4.1 It is the responsibility of each Bidder before suQmitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to become familiar with local
conditions that may affect cost, progress performance or furnishing of the W orIc, (c)
consider federal, state and local Laws and Regulations that may affect cost, progress,
performance or furnishing of the W ork, (d) study and carefully correlate Bidder's
observations with the Contract Documents, and (e) notify Engineer of all conflicts,
errors or discrepancies in the Contract Documents.
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4.2 Information and data reflected in the Contract Documents with respect to Underground
Facilities at or contiguous to the site is based upon information and data furnished to .--
Owner and Engineer by owners of such Underground Facilities or others, and Owner
does not assume responsibility for the accuracy or completeness thereof unless it is
expressly provided otherwise in the Supplementary Conditions.
4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders on subsurface conditions, Underground Facilities and other physical conditions,
and possible changes in the Contract Documents due to differing conditions appear in
Paragraphs 4.2 and 4.3 of the General Conditions.
4.4 Before submitting it Bid each Bidder will be responsible to make or obtain such
explorations, tests and data concerning physical conditions (surface, subsurface and
Underground Facilities) at or contiguous to the site, or otherwise which may affect cost,
progress, performance or furnishing of the Work and which Bidder deems necessary to
determine its Bid for performing and furnishing the Work in accordance with the time,
price and other terms and conditions of the Contract Documents. .
4.5 On request in advance, Owner will provide each Bidder access to the site to conduct
such explorations and tests as each Bidder deems necessary for submission of a Bid.
Bidder shall fill all holes, clean up and restore the site to its former condition upon
completion of such explorations.
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4.6 The lands upon which the Work is to be performed, rights-of-way and easements for
access thereto and other lands designated for use by Contractor in performing the Work
are identified in the Contract Documents. Easements are to be obtained and paid for by
the Owner.
4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 4, that without exception the
Bid is premised upon performing and furnishing the Work required by the Contract
Documents and such means, methods, techniques, sequences or procedures of
construction as may be indicated in or required by the Contract Documents, and that the
Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing the Work.
.l
5.
Interpretations and Addenda.
5.1 All questions about the meaning or intent of the Contract Documents are to be directed
to Engineer. Interpretations or clarifications co~idered necessary by Engineer in
response to such questions will be issued by Addenda mailed or delivered to all parties
recorded by Engineer as having received the Bidding Documents. Questions received
less than ten (10) days prior to the date for opening of Bids may not be answered. Only
questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
Owner or Engineer.
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6.
Bid Security.
6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount
often percent of the Bidder's maximum Bid price and in the form ofa certified or bank
check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.1 of the
General Conditions.
6.2 The Bid security of the Successful Bidder will be retained until such Bidder has
executed the Agreement and furnished the required contract security, whereupon the Bid
security will be returned. If the Successful Bidder fails to execute and deliver the
Agreement and furnish the required contract security within fifteen (15) days after the
Notice of Award, Owner may annul the Notice of Award and the Bid security of that
Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to
have a reasonable chance of receiving the award may be retained by Owner until the
earlier of the seventh (7th) day after the Effective Date of the Agreement or the sixtieth
(60) day after the Bid opening, whereupon Bid security furnished by such Bidders will
. be returned. Bid security with Bids which are not competitive will be-returned within
seven (7) days after the Bid opening.
7.
Contract Time.
,I
The numbers of days within which, or the dates by which, the Work is to be substantially
completed and also completed and ready for final payment (the Contract Time) are set forth
in the Bid Form and the Agreement.
8.
Substitute or "Or Equal" Items.
The materials and equipment described in the Bidding Documents establish a standard of
required function, dimension, appearance and quality to be met by any proposed substitution.
No substitution will be considered unless written request for approval has been submitted by
the Bidder and has been received by Engineer at least fifteen (10) days prior to-the date for
receipt of Bids. Each such request shall include the name of the material or equipment for
which it is to be substituted and a complete description of the proposed substitute including
drawings, cuts, performance and test data and any other information necessary for an
evaluation. A statement setting forth any changes in other materials, equipment of Work that
incorporation of the substitute would require shall be included. The burden of proof of the
merit of the proposed substitute is upon the Bidder. The Engineer's decision of approval or
disapproval of a proposed substitution shall be final. If Engineer approves any proposed
substitution, such approval will be set forth in an Addendum issued to all prospective Bidders.
Bidders shall not rely upon approvals made in any other. manner.
9.
Bid Form.
9.1 The Bid Form is included with the Bidding Documents; additional copies may be
obtained from Engineer (or the issuing office).
9.2 All blanks on the Bid Form must be completed in ink or by typewriter.
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9.3 Bids by corporations must be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and
the corporate seal must be affIxed and attested by the secretary or an assistant secretary. .-.
The corporate address and state of incorporation must be shown below the signature.
9.4 Bids by partnerships must be executed in the partnership name and signed by a partner,
whose title must appear under the signature and the official address of the partnership
must be shown below the signature.
9.5 All names must be typed or printed below the signature.
9.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of
which must be filled in on the Bid Form).
9.7 The address and telephone number for communications regarding the Bid must be
shown.
10. Submission of Bids.
Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to
Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and,
if applicable, the designated portion of the Project for which the Bid is submitted) and name
and address of the Bidder and accompanied by the Bid security and other required documents.
If the Bid is sent through the mail or other delivery system the sealed envelope shall be
enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.
.~
11. Modification and Withdrawal of Bids.
11.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered to the place where Bids are to be
submitted at any time prior to the opening of Bids.
11.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed
and notarized written notice with Owner and promptly thereafter demonstrates to the
reasonable satisfaction of Owner that there was a material and substantial mistake in the
preparation' of its Bid, that Bidder may withdraw its Bid and the Bid security will be
returned. Thereafter, that Bidder will be disqualified from further bidding on the Work
to be provided under the Contract Documents.
12.
Opening of Bids.
.f. -
Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract
of the amounts of the base Bids and major alternates (ifany) will be made available to Bidders
after the opening of Bids.
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13. .Bids to Remain Subject to Acceptance.
All bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, .'-
but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that
date.
14. Award of Contract.
\
14.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not
involving price, time or changes in the Work and to negotiate contract terms with the
Successful Bidder, and the right to disregard all nonconforming, nonresponsive,
unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any
Bidder if Owner believes that it would not be in the best interest of the Project to make
an award to that Bidder, whether because the Bid is not responsible or the Bidder is
unqualified or of doubtful fmancial ability or fails to meet any other pertinent standard
or criteria established by Owner. Discrepancies in the multiplication of units of Work
and unit prices will be resolved in favor of the unit prices. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved in
favor of the correct sum.
.~
14.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not
the Bids comply with the prescribed requirements, and such alt~mates, unit prices and
other data, as may be requested in the Bid Form or prior to the Notice of Award.
14.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which the
identity of Subcontractors, Suppliers, and other persons and organizations must be
submitted as provided in the Supplementary Conditions. Owner also may consider the
operating costs, maintenance requirements, performance data and guarantees of major
items of materials and equipment proposed for incorporation in the Work when such
data is required to be submitted prior to the Notice of Award.
14.4 Owner may conduct such investigations. as Owner deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications and financial
ability of Bidders, proposed Subcontractors, Suppliers and other persons and
organizations to perform and furnish the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed time.
14.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation
by Owner indicates to Owner that the award will bCf in the best interests of the P~oject.
14.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of
Award within forty-five (45) days after the day of the Bid opening.
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15. Contract Security.
Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's ,-,
requirements as to performance and payment Bonds. When the Successful Bidder delivers
the executed Agreement to Owner, it must be accompanied by the required performance and
payment Bonds.
16. Signing of Agreement.
When owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the
required number of unsigned counterparts of the Agreement with all other written Contract
Documents attached. Within fifteen (15) days thereafter Contractor shall sign and deliver the
required number of counterparts of the Agreement and attached docwnents to Owner with the
required Bonds. Within ten (10) days thereafter Owner shall deliver one (1) fully signed
counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the
Drawings with appropriate identification.
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.1
GENERAL CONDITIONS
, IARTICLE I-DEFINITIONS
IWherever used in these General Conditions or in the other
. Contract Documents the folIowing terms have the meanings
indicated which are applicable to both the singular and plural
, '. thereof:
,IAddenda-Written or graphic instruments issued prior to the
opening of Bids which clarify, correct or change the bidding
I documents or the Contract Documents.
: ,'Agreement- The written agreement between OWNER and
CONTRACTOR covering the Work to be performed; other
I, Contract Documents are attached to the Agreement and made a
.. , part thereof as provided therein.
1- Application for Payment-The form acc~ted by ~NGINEER
which is to be used by CONTRACTOR m requestIng progress
or fmal payments and which is to include such supporting
, documentation as is required by the Contract Documents.
,I iJ{d- The offer or p~oposal of the ~idder submitted on the
prescribed form settmg forth the pnces for the Work to be
I performed.
~ Bonds--Bid, performance and payment bonds and other
instruments of security.
I Change Order-A document recommended by ENGINEER,
.' which is signed by CONTRACTOR and OWNER and autho-
. rizes an addition, deletion or revision in the Work, or an
I adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
'1'" Contract Documents-The Agreement, Addenda (whi,ch pertain
to the Contract Documents), CONTRACTOR's Bid (including
documentation accompanying the Bid and any post Bid
, documentation submitted prior to the Notice of Award) when
I attached as an exhibit to the Agreement, the Bonds, these
, General Conditions, the Supplementary Conditions, the
Specifications and the Drawings as the same ~e more spe-
I cificalIy identified in the Agreement, together With all amend-
ments, modifications and supplements issued pursuant to
.. panll"'phs 3.4 and 3.5 00 0' aile, lbe Effective Date of the
, Agreement.
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I CONTRACTOR-The person, firm or corporation with whom
, OWNER has entered into the Agreement.
I
Contract Price-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.9.1 in the
case of Unit Price Work).
Contract Time- The number of days (computed as provided in
paragraph 17.2) or the date stated in the Agreement for the C
completion of the Work.
Defective-An adjective which when modifying the word Work
refers to Work that is unsatisfactory, faulty or deficient, or does
not conform to the Contract Documents, or does not meet the
requirements of any inspection, reference standard, tes~, or
approval referred to in the Contract Documents, or has been
damaged prior to ENGINEER's recommendation of final
payment (unless responsibility for the protection thereof has
been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.X or 14.10).
Drawings-The drawings which show the character and scope of
the Work to be performed and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents.
Effective Date of the Agreement- ~e date .indicated in ~e
Agreement on which it becomes effectIve, but If no such date IS
indicated it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
ENGINEER-The person, firm or corporation named as such in
the Agreement.
Field Order-A written order issaed by ENGINEER which
orders minor changes in the Work in accordance with paragraph
9.5 but which does not involve a change in the Contract Price or
the Contract Time.
-'
General Requirements-Sections of Division I of the Speci-
fications .
Laws and Regulations; Laws or Regulations-Laws, ~les,
regulations, ordinances, codes and/or orders.
Notice of A ward- The written notice by O~R to the apparent
successful bidder stating that upon comphance by the apparent
successful bidder with the conditions precedent enumerated
therein, within the time specified, OWNER will sign and deliver
the Agreement.
Notice to Proceed-A written notice 'given by OWNER to .
CONTRACTOR (with a copy to ENGINEER) fixing the date on ..
which the Contract Time will commence to run and on which
CONTRACTOR shall start to perform CONTRACTOR'S
obligations under the Contract Documents.
OWNER-The public body or authority, corporation, asso-
ciation, firm or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
Partial Utilization-Placing a portion of the Work in service for
the purpose for which it is intended (or a related purpose) before
reaching Substantial Completion for all the Work.
Project-The total construction of which the Work to be
provided under the Contract Documents may be the whole, or a
part as indicated elsewhere in the Contract Documents.
Resident Project Representative-The authorized representative
of ENGINEER who is assigned to the site or any part thereof.
FILE:H:IACCTGlCONTllAC1\MASTERS\191 0.8
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I. Shop Drawings-All drawings, diagrams, illustrations, schedules
and other data which are specifically prepared by or for
CONTRACTOR to illustrate some portion of the Work and all
illustrations, brochures, standard schedules, performance charts,
,I instructions, diagrams and other information prepared by a
Supplier and submitted by CONTRACTOR to illustrate material
.' or equipment for some portion of the Work.
I Speciflcations- Those portions of the Contract Documents
consisting of written technical descriptions of materials,
~ equipment, construction systems, standards and workmanship as
;1, applied to the Work and certain administrative details applicable
. thereto.
I Subcontractor-An individual, firm or corporation having a
~ direct contract with CONTRACTOR or with any other Sub-
contractor for the performance of a part of the Work at the cite
'I Substantial Completion-The W ork (or a specified part thereof)
: has progressed to the point where, in the opinion of ENGINEER
.' as evidenced by ENGINEER's definitive certificate of
'I-Substantial Completion, it is sufficiently complete, in
'. accordance with the Contract Documents, so that the Work (or
specified part) can be utilized for the purposes for which it is
I intended; or if there be no such certificate issued, when final
I payment is due in accordance with paragraph 14.13. The terms
"substantially complete" and "substantially completed" as
I. applied to any Work refer to Substantial Completion thereof.
Supplementary Conditions-The part of the Contract Documents
. which amends or supplements these General Conditions.
"'suPPlier--A manufacturer, fabricator, supplier, distributor,
materialman or vendor.
11 Underground Facilities-All pipelines, conduits, ducts,
. . cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing
II' such facilities which have b~n. instal~ed undergroun? to
. furnish any of the followmg services or matenals:
electricity, gases, steam, liquid petroleum products,
"1, '. telephone or other communications, cable television, sewage
, and drainage removal, traffic or other control systems or
water.
:.1 U/~it Price Work-Work to be paid for on the basis of unit
. pnces. .
'.1' ,Work-The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
1,-, forming services, furnishing labor and furnishing and incor-
I porating materials and equipment into the construction, all
as required by the Contract Documents.
: I Work Directive Change-A written directive to CONTRAC-
, TOR, issued on or after the Effective Date of the Agreement
'I
and signed by OWNER and recommended by ENGINEER,
ordering an addition, deletion or revision in the Work, or
responding to differing or unforeseen physical conditions
under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under p8!8graph
6.22. A Work Directive Change may not change the
Contract Price or the Contract Time, but is evidence that the
parties expect that the change directed or documented by a
Work Directive Change will be incorporated in a
subsequently issued Change Order following negotiations
by the parties as to its effect, ifany, on the Contract Price or
Contract Time as provided in paragraph 10.2.
Written Amendment-A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally
dealing with the non engineering or nontechnical rather than
strictly Work-related aspects of the Contract Documents.
ARTICLE 2--PRELIMINARY MA TIERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to ;1
OWNER such Bonds as CONTRACTOR may be required
to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Time; Notice to Proceed:
2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date 'of the Agreement, or,
if a Notice to Proceed is given, on the day indicated in the'
Notice to Proceed A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree-
ment In no event will the Contract Time commence ~o run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the
Agreement, whichever date is earlier.
Starting the Project:
2.4. CONTRACTOR shall start to perfonn the Work on the
date when 'the Contract Time commences to run, but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
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TOR shall promptly report in writing to ENGINEER any
Iconflict, error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
I"affected thereby; however, CONTRACTOR shall not be lia-
,ble to OWNER or ENGINEER for failure to report any
,conflict, error or discrepancy in the Contract Documents,
unless CONTRACTOR had actual knowledge thereof or
IShOUld reasonably have known thereof.
2.6. Within ten days after the Effective Date of the
I-Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
. ENGINEER for review:
I
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2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work
2.6.2. a preliminary schedule of Shop Drawing sub-
missions; and , '
1-:'...' '2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the
Work into component parts in sufficient detail to serve as
the basis for progress payments during construction.
Such prices will include an appropriate amount of
overhead and profit applicable to each item of Work
which will be confirmed in writing by CONTRACTOR
at the time of submission.
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t 2.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER, with a copy to ENGINEER,
I~ certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase
. and maintain in accordance with paragraphs 5.3 and 5.4, and
OWNER shall deliver to CONTRACTOR certificates (and
I other evidence of insurance requested by CONTRACTOR)
. which OWNER is required to purchase and maintain in
_ accordance with paragraphs 5.6 and 5.7.
IPreconstruction Conference:
2.8. Within twenty days after the Effective Date of the
I Agreement, but before CONTRACTOR starts the Work at
. the site, a conference attended by CONTRACTOR, ENG1-
"' NEER and others as appropriate will be held to discuss the
schedules referred to in paragraph 2.6, to discuss procedures
I for handling Shop Drawings and other submittals and for
. processing Applications for Payment, and to establish a
_ working understanding among the parties as to the Work.
I Finalizing Schedules:
" 2.9. At least ten days before submission of the first
I Application for Payment a conference attended by
. CONTRACTOR, ENGINEER and others as appropriate will
I
be held to finalize the schedules submitted in accordance
with paragraph 2.6. The finalized progress schedule will be
acceptable to ENGINEER as providing an orderly
progression of the Work to completion within the Contract
Time, but such acceptance will neither impose on
ENGINEER responsibility for the progress or scheduling of
the Work nor relieve CONTRACTOR from full
responsibility there for. The fmalized schedule of Shop
Drawing submissions will be acceptable to ENGINEER as
providing a workable arrangement for processing the
submissions. The fmalized schedule of values will be
acceptable to ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary; what
is called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereot) to be con-
structed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be
inferred from the Contract Documents as being required to
produce the intended result will be supplied whether or .not
specifically called for. When words which have a
well-known technical or trade meaning are used to describe
Work, materials or equipment such words shall be
interpreted in accordance with that meaning. Reference to
standard specifications, manuals or codes of any technical
society, organization or association, or to the Laws or
Regulations of any governmental authority, whether such
reference be specific or by implication~ shall mean the latest
standard specification. manual, code or Laws or Regulations ..
in effect at the time of opening of Bids (or, on the Effective
Date of the Agreement if there were no Bids), except as may
be otherwise specifically stated. However, no provision of
any referenced standard specification, manual or 'code
(whether or not specifically incorporated by reference in the
Contract Documents) shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their consultants, agents or employ-
ees from those set forth in the Contract Documents, nor
shall it be 'effective to assign to ENGINEER, or any of
ENGINEER's consultants, agents or employees, any duty or
authority to supervise or direct the furnishing or
performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16. Clarifications and interpretations of
the Contract Documents shall be issued by ENGINEER as
provided in paragraph 9.4.
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3.3. If, during the performance of the Work, CONTRAC-
ITOR finds a conflict. error or discrepancy in the Contract
Documents, CONTRACTOR shall so report to ENGINEER
in writing at once and before proceeding with the Work
8affected thereby shall obtain a written interpretation or
,l:;larification from ENGINEER; however, CONTRACTOR
. 'shall not be liable to OWNER or ENGINEER for failure to
If...eport any conflict. error or discrepancy in the Contract
.:'ocuments unless CONTRACTOR had actual knowledge
. thereof or should reasonably have known thereof.
tmending and Supplementing Contract Documents:
" 3.4. The Contract Documents may be amended to pro-
vide for additions, deletions and revisions in the Work or to
~odify the terms and conditions thereof in one or more of
)the following ways:
J.
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3.4.1. a formal Written Amendment.
-3.4.2. a Change Order (pursuant to paragraph 10.4),
or
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
.l.s ind~~ted in paragraphs 11.2 and 12.1, Contract Price
and Contract Time may only be changed by a Change Order
rr a Written Amendment.
: 3.5. In addition, the requirements of the Contract Docu-
Eents may be supplemented,. and minor variations and
eviations in the Work may be authorized, in one or more of
e following ways:
1
3.5.2. ENGINEER's approval of a Shop Drawing or
I Sample (pursuant to paragraphs 6.26 and 6.27), or
3.5.1. a Field Order (pursuant to paragraph 9.5),
3.5.3. ENGINEER's written interpretation or clarifi-
'l cation (pursuant to paragraph 9.4).
euse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
IUPPlier or other person or organization performing or fur-
. lishing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership
lights in any of the Drawings, Specifications or other docu-
.ents (or copies of any thereof) prepared by or bearing the
. seal of ENGINEER; and they shall not reuse any of them on
~r xtensions of the Project or any other project without
.tten consent of OWNER and ENGINEER and specific
.tten verification or adaptation by ENGINEER.
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ARTICLE 4-A V AILABILITY
PHYSICAL
REFERENCE POINTS
OF LANDS;
CONDITIONS:
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be per-
formed, rights-of-way and easements for access thereto, and
such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER, unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands, rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time, CONTRACTOR may make a claim there for as
provided in Article 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of
those reports of explorations and tests of subsurface
conditions at the site that have been utilized by
ENGINEER in preparation of the Contract Documents.
CONTRACTOR may rely upon the accuracy of the
technical data contained in such reports, but not upon
nontechnical data, interpretations or opinions contai!.led
therein or for the completeness thereof for
CONTRACTOR's purposes. Except as indicated in the
immediately preceding sentence and in paragraph 4.2.6,
CONTRACTOR shall have full responsibility with
respect to subsurface conditions at the site.
.~
4.2.2. Existing structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing 1
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings, but not for the
completeness thereof for CONTRACTOR's purposes.
Except as indicated in the immediately preceding
sentence and in paragraph 4.2.6, CONTRACTOR shall
have full responsibility with respect to physical
conditions in or relating to such structures.
4.2.3. Report of Differing Conditions: If
CONTRACTOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs
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CONTRACTOR shall, promptly after becoming aware
.lfhereof and before performing any Work in connection
.erewith (except in an emergency as permitted by para-
graph 6.22), notify OWNER and ENGINEER in writing
(bout the inaccuracy or difference.
4.2.4. ENGINEER's Review: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of obtaining additional explorations or tests
with respect thereto and advise OWNER in writing (with
a copy to CONTRACTOR) of ENGINEER's fmdings
and conclusions.
4.2.1 and 4.2.2 is inaccurate, or
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated, reflected or referred to in the Contract Docu-
ments,
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4.2.5. Possible Document Change: If ENGINEER
'I. :. concludes that there is a material error in the Contract
---'Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required, a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
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4.2.6. Possible Price and Time Adjustments: In each
such case, an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time, or
any combination thereof, will be allowable to the extent
that they are attributable to any such inaccuracy or
difference. If OWNER and CONTRACTOR are unable
to agree as to the amount or length thereof, a claim may
be made there for as provided in Articles 11 and 12.
Physical Conditions-Underground Facilities:
I 4.3.1. Shown or Indicated: The information and data
_ shown or indicated in the Contract Documents with respect
. to existing Underground Facilities at or contiguous to the
I/. site is based on information and data furnished to OWNER .
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly provided
I in the Supplementary Conditions:
-- 4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any such
information or data; and,
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4.3.1.2. CONTRACTOR shall have full responsibility
for reviewing and checking all such information and
data, for locating all Underground Facilities shown or
indicated in the Contract Documents, for coordination of
the Work with the owners of such Underground
Facilities during construction, for the safety and pro-
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work,
the cost of all of which will be considered as having been
included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground Facility
is uncovered or revealed at or contiguous to the site which
was not shown or indicated in the Contract Documents and
which CONTRACTOR could not reasonably have been
expected to be aware of, CONTRACTOR shall, promptly
after becoming aware thereof and before performing any
Work affected thereby (except in an emergency as permitted
by paragraph 6.22), identify the owner of such Underground
Facility and give written notice thereof to that owner and to
OWNER and ENGINEER. ENGINEER will promptly
review the Underground Facility to determine the extent to
which the Contract Documents should be modified to reflect
and document the consequences of the existence of the
Underground Facility, and the Contract Documents will be
amended or supplemented to the extent necessary. During
such time, CONTRACTOR shall be responsible for the
safety and protection of such l.lnderground Facility as
provided in paragraph 6.20. CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of
the Contract Time, or both, to the extent that they are
attributable to the existence of any U.nderground Facility .-~
that was not shown or indicated in. the Contract Documents
and which CONTRACTOR could not reasonably have been
expected to be aware of. If the parties are unable to agree as
to the amount or length thereof, CONTRACTOR may make
a claim there for as provided in Articles 11 and 12. -
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary' to enable CONTRACTOR to
proceed with the Work. CONTRACTOR shall be
responsible for laying out the Work (unless otherwise
specified in the General Requirements), shall protect and >
preserve the established reference points and shall make no
changes or relocations without the prior written approval of
OWNER. CONTRACTOR shall report to ENGINEER
whenever any reference point is lost or destroyed or requires
relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points by
professionally qualified personnel.
ARTICLE'S-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment
of all CONTRACTOR's obligations under the Contract
Documents. These Bonds shall remain in effect at least until
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one year after the date when final payment becomes due,
lexcept as otherwise provided by Law or Regulation or by
: the Contract Documents. CONTRACTOR shall also furnish
such other Bonds as are required by the Supplementary
I Conditions. All Bonds shall be in the forms prescribed by
Law or Regulation or by the Contract Documents and be
executed by such sureties as are named in the current list of
_ "Companies Holding Certificates of Authority as
II Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff Bureau of Accounts, U.S.
.1 Treasury Department All Bonds signed by an agent must be
. ,accompanied by a certified copy of the authority to act.
'I 5.2. If the surety on any Bond furnished by CONTRAC-
( TOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of
I the Project is located or it ceases to meet the requirements
i of paragraph 5.1, CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which
- mUst -be acceptable to OWNER.
1'2~~~actor's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such
I comprehensive general liability and other insurance as is
i appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
" may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
. other obligations under the Contract Documents, whether it
is to be performed or furnished by CONTRACTO~ by any
I Subcontractor, by anyone directly or indirectly employed by
, any of them to perform or furnish any of the Work, or by
anyone for whose acts any of them may be liable:
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5.3.1. Claims under workers' or workmen's compen-
sation, disability benefits and other similar employee
benefit acts;
5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
5.3.3. Claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained (a) by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTO~ or
(b) by any ~ther person for any other reason;
5.3.5. Claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom;
5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property; and
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5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor veqicle.
The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies ofinsur-
ance so required to be purchased and maintained (or the
certificates or other evidence thereot) shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelled. materially changed or renewal refused until at
least
thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until fmal payment and at all times there aft
when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph
13.12. In addition, CONTRACTOR shall maintain such
complete operations insurance for at least two years after
final pay me q and furnish OWNER with evidence of
continuation of such
insurance at final payment and one year thereafter.
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Contractual Lability Insurance:
5.4. The comprehensive general liability insurance
required by paragraph 5.3 will include contractual liability
insurance applicable to CONTRACTOR's obligations under .
paragraphs 6.30 and 6.31.
Owner's LiabUity Insurance:
- 5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option, may purchase and maintain such insur-
ance as will protect OWNER against claims which may
arise from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable
value thereof (subject to such deductible amounts as may be
provided in the Supplementary Conditions or required by
Laws and Regulations). This insurance shall include the
interests of OWNER, CONTRACTOR, Subcontractors,
ENGINEER and ENGINEER's consultants in the Work, all
of whom shall be listed as insureds or additional insured
parties, shall insure against the perils of fire and extended
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coverage and shall include "all risk" insurance for physical
IloSS and damage including theft, vandalism and malicious
'. mischief, collapse and water damage, and such other perils
as may be provided in the Supplementary Conditions, and
I", shall include damages, losses and expenses arising out of or
resulting from any insured loss or incurred in the repair or
'replacement of any insured property (including but not
Ilimited to fees and charges of engineers, architects,
~ attorneys and other professionals). If not covered under the
"all risk" insurance or otherwise provided in the
~, Supplementary Conditions, CONTRACTOR shall purchase
I and maintain similar property insurance on portions of the
. . Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application
I for Payment.
5 .7 . OWNER shall purchase and maintain such boiler
1/ and machinery insurance or additional property insurance as
may be required by the Supplementary Conditions or Laws
_. and .Regulations which will include the interests of
OWNER, CONTRACTOR, Subcontractors, ENGINEER
I-AND ENGINEER's consultants in the Work, all of whom
shall be listed as insured or additional insured parties.
I 5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and
15.7 will contain a provision or endorsement that the
. coverage afforded will not be cancelled or materially
changed or renewal refused until at least thirty days' prior
I written notice has been given to CONTRACTOR by
certified mail and will contain waiver provisions in
~ accordance with paragraph 5.11.2.
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5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR., Subcontractors or others in the
Work to the extent of any deductible amounts that are
provided in the Supplementary Conditions. The risk of loss
within the deductible amount, will be borne by
CONTRACTOR, Subcontractor or others suffering any such
loss and if any of them wishes property insurance coverage
within the limits of such amounts, each may purchase and
maintain it at the purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy, OWNER shall, if possible, include such insurance, and
the cost thereof will be charged to CONTRACTOR by
appropriate Change Order or Written Amendment. Prior to
commencement of the Work at the site, OWNER shall in
writing advise CONTRACTOR whether or not such other
insurance has been procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACfOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work, and also
waive all such rights against the Subcontractors, ENGI-
NEER, ENGfNEER's consultants and all other"parties
named as insureds in such policies for losses and
damages so caused. As required by paragraph 6.11, each
subcontract between CONTRACTOR and a
Subcontractor will contain similar waiver provisions by
the Subcontractor in favor of OWNER,
CONTRACTOR, ENGINEER., ENGINEER's
consultants and all other parties named as insureds. None
of the above waivers shall extend to the rights that any of
the insured parties may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under
any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide
primary coverage for all losses and damages caused by
the perils covered thereby. Accordingly, all such policies
shall contain provisions to the effect that in the event of
payment of any loss or damage the insurer will have no .~
rights of recovery against any of the parties named as
insureds or additional insureds, and if the insurers
require separate waiver forms to be signed by
ENGINEER or ENGINEER's consultant OWNER will
obtain the same. and if such waiver forms are required
of any Subcontractor, CONTRACTOR will obtain the
same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds, as their interests' may appear, subject to the
requirements of any applicable mortgage clause and of'
paragraph 5.13. OWNER shall deposit in a separate account
any money so received, and shall distribute it in accordance
with such agreement as the parties in interest may reach. If
no other special agreement is reached the damaged 'Work
shall be repaired or replaced, the moneys so received
applied on account thereof and the Work and the cost
thereof covered by an appropriate Change Order or Written
Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. Ifrequired in writing by
any party in interest, OWNER as trustee shall, upon the
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FlLE:H:\ACCTGlCONTRAcnMASTERSI1910.8
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occurrence of an insured loss, give bond for the proper per-
Iformance of such duties.
Acceptance of Insurallce:
I 5.14. If OWNER has any objection to the coverage
. afforded by or other provisions of the insurance required to
. . be purchased and maintained by CONTRACTOR in
accordance with paragraphs 5.3 and 5.4 on the basis of its
: I not complying with the Contract Documents, OWNER shall
notify CONTRACTOR in writing thereof within ten days of
_ the date of delivery of such certificates to OWNER in
'Iaccordance with paragraph 2.7. If CONTRACTOR has any
,objection to the coverage afforded by or other provisions of
the policies of insurance required to be purchased and
I maintained by OWNER in accordance with paragraphs 5.6
and 5.7 on the basis of their not complying with the
Contract Documents, CONTRACTOR shall notify OWNER in
I,' writing thereof within ten days of the date of delivery of
such certificates to CONTRACTOR in accordance with
, paragraph 2.7. OWNER and CONTRACTOR shall each
'I_pr~vide to the o~er such additional information in respect
; ofmsurance provIded by each as the other may reasonably
. request Failure by OWNER or CONTRACTOR to give any
such notice of objection within the time provided shall
:1 constitute acceptance of such insurance purchased by the
other as complying withth~ Contract Documents .
I Partial Utilization-Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
. portion or portions of the Work prior to Substantial Comple-
I ti~n of a!l the W ode. suc~ use or occupancy may b~ accom-
, phshed In accordance With paragraph 14.10; provided that
':- no
,r' such use or occupancy shall commence before the insurers
.1 providing the property insurance have acknowledged notice
'. . thereof and in writing effected the changes in coverage
necessitated thereby. The insurers providing the property
I insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be cancelled or
, lapse on account of any such partial use or occupancy..
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ARTICLE 6-CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto
and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for the
means, methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means, method, technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent,
who shall not be replaced without written notice to OWNER
and ENGINEER except under extraordinary circumstances.
The superintendent will be CONTRACTOR's representative
at the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the
superintendent shall be as binding as if given to
CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto, and except as otherwise indicated in the
Contract Documents, all Work at.the site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday, Sunday or any legal holiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER. ;'
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full .
responsibility for all materials, equipment, ll!bor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other facilities
and incidentals necessary for the furnishing,performance,
testing, start-up and completion of the Work.
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provid~ in the Contract Doc-
uments. If required by ENGINEER, CONTRACTOR shall,:
-furnish satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and equipment
All materials and equipment shall be applied, installed, con-
nected, erected, used, cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents; but no pro-
vision of any such instructions will be effective to assign to
ENGINEER, or any of ENGINEER's consultants, agents or
employees; any duty or authority to supervise or direct the
furnishing .or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust-
ments in the progress schedule to reflect the impact thereon
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of new developments; these will conform generally to the
,Iprogress ~chedule th~n. in effect and additionally will
comply with any provIsions of the General Requirements
- applicable thereto.
ISUbstitutes or "Or-Equal" Items:
, , 6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the
'I name of a proprietary item or the name of a particular
Supplier the naming of the item is intended to establish
the type, function and quality required. Unless the name
I I is followed by words indicating that no substitution is
permitted, materials or equipment of other Suppliers may
be accepted by ENGINEER if sufficient information is
submitted by CONTRACTOR to allow ENGINEER to
~ I determine that the material or equipment proposed is
equivalent or equal to that named. The procedure for
review by ENGINEER will include the following as
'1 supplemented in the General Requirements. Requests for
, . reyiew of substitute items of material and equipment will
. not be accepted by ENGINEER from anyone other than
'I~:',:CONTRACTOR If CONTRACTOR wishes to furnish
or use a substitute item of material or equipment,
CONTRACTOR shall make written application to
ENGINEER for acceptance thereof, certifying that the
proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar and of equal substance to that
specified and be suited to the same use as that specified.
The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from
that specified will be identified in' the application and
available maintenance, repair and replacement service
will be indicated. The application will also contain an
itemized estimate of all costs that will result directly or
indirectly from acceptance of such substitute, including
costs of redesign and claims of other contractors affected
by the resulting change, all of which shall be considered
by ENGINEER in evaluating the proposed substitute.
ENGINEER may require CONTRACTOR to furnish at
CONTRACTOR's expense additional data about the
proposed substitute.
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6.7.2. If a specific means, method, technique,
sequence or procedure of construction is indicated in or
required by the Contract Documents, CONTRACTOR
may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction
acceptable to ENGINEER, if CONTRACTOR submits
sufficient information to allow ENGINEER to determine
that the substitute proposed is equivalent to that indicated
or required by the Contract Documents. The procedure
for review by ENGINEER will be similar to that
provided in paragraph 6.7.1 as applied by ENGINEER
and as may be supplemented in the General
Requirements.
6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute.
ENGINEER will be the sole judge of acceptability, and
no substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in evaluating substitutions
proposed by CONTRACTOR~d in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute, CON-
TRACTOR shall reimburse OWNER for the charges of i4
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organization
(including those acceptable to OWNER and ENGINEER
as indicated in paragraph 6.8.2), whether initially or as a
substitute, against whom OWNER or ENGINEER may
have reasonable objection. CONTRACTOR shall not be
required to employ any Subcontractor, Supplier or other
person or organization to furnish or perform any of the
Work against whom CONTRACTOR has reasonable
objection.
6.8.2. If the Supplementary Conditions require the
identity of certain Subcontractors, Suppliers or other per-
sons or organizations (including those who are to furnish
the principal items of materials and equipment) to be
submitted to OWNER in advance of the specified date
prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER and if
CONTRACTOR has submitted a list thereof in
accordaiice with the Supplementary Conditions,
OWNER's or ENGINEER's acceptance (either in writing
or by failing to make written objection thereto by the
date indicated for acceptance or objection in the bidding
documents or the Contract Documents) of any such
Subcontractor, Supplier or other person or organization
so identified may be revoked on the basis of reasonable
objection after due investigation, in which case
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CONTRACTOR shall submit an acceptable substitute,
the Contract Price will be increased by the difference in
the cost occasioned by such substitution and an
appropriate Change Order will be issued or Written
Amendment signed. No acceptance by OWNER or
ENGINEER of any such Subcontractor, Supplier or other
person or organization shall constitute a waiver of any
right of OWNER or ENGINEER to reject defective
Work.
6.9. CONTRACTOR shall be fully responsible to
.OWNER and ENGINEER for all acts and omissions of the
Fubcontractors, Suppliers and other persons and
organizations performing or furnishing any of the Work
,.~der a direct or indirect contract with CONTRACfORjust
'r CONTRACTOR is responsible for CONTRACTOR's
own acts and omissions. Nothing in the Contract Documents
shall create any contractual relationship between OWNER
. tr ENGINEER and any' such Subcontractor, Supplier or
..' ther. person' or organization, nor shall it create any
. obligation on the part of OWNER or ENGINEER to payor
I ..:see to the payment of any moneys due any such
Fubcontractor, Supplier or other person or organization
except as may otherwise be required by Laws and
: regulationS.
. 6.10. The divisions and sections of the Specifications and
Ithe identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
. Suppliers or delineating the Work to be performed by any
specific trade.
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6.11. All Work performed for CONTRACfOR by a Sub-
contractor will be pursuant to an appropriate agreement
ibetween CONTRACTOR and the Subcontractor which
.!officially binds the Subcontractor to the applicable terms
. and conditions of the Contract Documents for the benefit of
IOWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under
IpOIiCies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
I 6.12. CONTRACTOR shall pay all license fees and roy-
alties and assume all costs incident to the use in the perfor-
mance of the Work or the incorporation in the Work of any
linVention, design, process, product or device which is the
subject of patent rights or copyrights held by others. If a
" particular invention, design, process, product or device is
specified in the Contract Documents for use in the perf or-
Imance of the Work and if to the actual knowledge of
, OWNER or ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or
'Iroyalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents.
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CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and anyone directly or indirectly
employed by either of them from and against all claims,
damages, losses and expenses (including attorneys' fees and
court and arbitration costs) arising out of any infringement
of patent rights or copyrights incident to the use'in the
performance of the Work or resulting from the incorporation
in the Work of any invention, design, process, product or
device not specified in the Contract Documents, and shall
defend all such claims in connection with any alleged
infringement of such rights.
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
constrUction permits and licenses. OWNER shall assist
CONTRACfOR, when necessary, in obtaining such permits
and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of
the Work, which are applicable at the time of opening of
Bids, or if there are no Bids on the Effective Date of the
Agreement CONTRACTOR shall pay all charges of utility
owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto such as plant investment fees.
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Laws and Regulations:
6.14.1. CONTRACfOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where 9th-
erwise expressly required by applicable Laws and Regu-
lations, neither OWNER nor ENGINEER shall be
responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations, CONTRACTOR shall give ENGINEER
prompt written notice thereof, and any necessary changes ..
will be authorized, by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations, and without such notice to
ENGINEER, CONTRACfOR shall bear all costs arising
therefrom; however, it shall not be CONTRACTOR's
primary responsibility to make certain that the
Specifications and Drawings are in accordance with such
Laws and Regulations.
Taxes:
6.15. CONTRACfOR shall pay all sales, consumer, use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the perfor-
mance of the Work.
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Use of Premises:
I 6.16. CONTRACTOR shall confme construction equip-
: ment, the storage of materials and equipment and the oper-
, ations of workers to the Project site and land and areas iden-
Itified in and permitted by the Contract Documents and other
. land and areas permitted by Laws and Regulations, rights-
of-way, permits and easements, and shall not unreasonably
encumber the premises with construction equipment or other
,lmaterialS or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area, or to
the owner or occupant thereof or of any land or areas contig-
.Iuous thereto, resulting from the performance of the Work.
I Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
10f the ~ork, CONTRACTOR shall promptly attempt.to
: ' settle With such other party by agreement or otherwise
resolve the claim by arbitration or at law. CONTRACTOR
shall, to the fullest extent permitted by Laws and
: IRegulations. indemnify and hold OWNER and ENGINEER
. . harmless from and against all claims, damages, losses and
. ,e.xpenses (including, but not limited to, fees of engineers,
: .Iarchitects, attorneys and other professionals and court and
, arbitration costs) arising directly, indirectly or
consequentially out of any action, legal or equitable,
Ibrought by any such other party against OWNER or
:. ENGINEER to the extent based on a claim arising out of
'. CONTRACTOR's performance of the Work.
I 6.17. During the progress of the Work, CONTRACTOR
. shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work.
IAt the completion of the Work CONTRACTOR shall
remove all waste materials, rubbish and debris from and
about the premises as well as all tools, appliances,
.1 construction equipment and machinery, and surplus
. Imaterials, and shall leave the site clean and ready for
occupancy by OWNER. CONTRACTOR shall restore to
'original condition all property not designated for alteration
by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
10f any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
I pressures that will endanger it.
Record Documents:
I 6.19. CONTRACTOR shall maintain in a safe place at
, the site one record copy of all Drawings, Specifications,
. Addenda, Written Amendments, Change Orders, Work
I Directive Changes, Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all
I approved samples and a counterpart of all approved Shop
. Drawings will be available to ENGINEER for reference.
I
Upon completion of the Work, these record documents,
samples and Shop Drawings will be delivered to
ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage, injury
or loss to:
6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby;
6.20.2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off the
site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, road-
ways, structures, utilities and Underground Facilities not
designated for removal, relocation or replacement in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury or loss
to any property refeIred to in paragraph 6.20.2 or 6.20.3
caused, directly or indirectly, in whole or in part, by
CONTRACfOR. any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by'
any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, shall be
remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications' or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them may be liable, and not attributable, directly or indi-
rectly, in whole or in part, to the fault or negligence of
CONTRACTOR). CONTRACTOR's duties and
responsibilities for the safety and protection of the Work
shall continue until such time as all the Work is completed
and ENGINEER has issued a notice to OWNER and
CONTRACTOR in accordance with paragraph 14.13 that
the Work is acceptable (except as otherwise expressly
provided in connection with Substantial Completion).
.<
6.21. CONTRACTOR shall designate a responsible rep-
II
F1 LE:H :\ACCTG\COI'tTRACTlMASTERSI 191 0.8
,I
I
I
resentative at the site whose duty shall be the prevention of
laccidents. This person shall be CONTRACTOR's superin-
tendent unless otherwise designated in writing by CON-
TRACTOR to OWNER.
I Emergencies:
.' 6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
:1 thereto, CONTRACTOR, without special instruction or
authorization from ENGINEER or OWNER. is obligated to
act to prevent threatened damage, injury or loss.
I CONTRACTOR shall give ENGINEER prompt written
, notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
I Documents have been caused thereby. If ENGINEER
: determines that a change in the Contract Documents is
, required because of the action taken in response to an
emergency, a Work Directive Change or Change Order will
I be ~ss~ed to document the consequences of the changes or
,vanations.
'IShop.DraWings and Samples:
'. 6.23. After checking and verifying all field
measurements and after complying with applicable
'I procedures specified in the General Requirements,
~ CONTRACTOR shall submit to ENGINEER for review and
. approval in accordance with the accepted schedule of Shop
Drawing submissions (see paragraph 2.9), or for other
'I appropriate action if so indicated in the Supplementary
. Conditions, five copies (unless otherwise specified in the
General Requirements) of all Shop Drawings, which will
'I bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
I. \ review of the submission. ~ll submissions will be identified
I as ENGINEER may "requITe. The data shown on the Shop
. Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria.
I materials and similar data to enable ENGINEER to review
- the information as required.
I 6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work, all samples required by the Contract Doc-
I uments. All samples will have been checked by and accom-
,panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
I Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material,
Supplier, pertinent data such as catalog numbers and the use
for which intended.
I 6.25.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
a fied all quantities, dimensions, specified performance
.' criteria, installation requirements, materials, catalog
I
numbers and similar data with respect thereto and
reviewed or coordinated each Shop Drawing or sample
with other Shop Drawings and samples and with the
requirements of the Work and the Contract Documents.
6.25.2. At the time of each submission, CONTRAC-
TOR shall give ENGINEER specific written notice of
each variation that the Shop Drawings or samples may
have from the requirements of the Contract Documents,
and, in addition, shall cause a specific notation to be
made on each Shop Drawing submitted to ENGINEER
for review and approval of each such variation.
6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples, but ENGI-
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
. shall not extend to means, methods, techniques, sequences
or procedures of construction (except where a specific
means, method, technique, sequence or procedure of
construction is indicated in or required by the Contract
Documents) or to safety precautions or programs incident
thereto. The review and approval of a separate item as such
will not indicate approval of the assembly in which the item.~
functions. CONTRACTOR shall make corrections required
by ENGINEER, and shall return the required number of
corrected copies of Shop Drawings and submit as required
new samples for review and approval. CONTRACTOR
shall direct specific attention in writing to revisions other
than the corrections called for by ENGINEER on previous
submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to eacn such variatiqn at the
time of submission as required by paragraph 6.25.2 and ..
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approva'; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop
Drawings or from responsibility for having complied with
the provisions of paragraph 6.25. ] .
6.28. Where a Shop Drawing or sample is required by the
Specifications, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submission
will be the sole expense and responsibility of
CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
12
FILE:H:lACCTOCONTRACT\MASTERSlI910.8
,.1
disagreements with OWNER. No Work shall be delayed or
IPostponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.5 or as
CONTRACTOR and OWNER may otherwise agree in
writing.
IInd~mnijication:
6.30. To the fullest extent permitted by Laws and Regu-
Ilations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants, agents and
employees from and against all claims, damages, losses and
lexpenses, direct, indirect or consequential (including but not
limited to fees and charges of engineers, architects,
attorneys and other professionals and court and arbitration
Icosts) arising out of or resulting from the performance of the
" Work, such claim, damage, loss or expense (a) is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
,.vi ork itself) including the loss of use resulting therefrom
Ld (b) is caused in whole or in part by any negligent act or
- omission of CONTRACTOR, any Subcontractor, any
I _erson or organization directly or indirectly employed by
.any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, regardless
10f whether or not it is caused in part by a party indemnified
! hereunder or arises by or is imposed by Law and
Regulations regardless of the negligence of any such party.
'I 6.31. In any and all claims against OWNER or ENGI-
'. NEER or any of their consultants, agents or employees by
any employee of CONTRACTOR, any Subcontractor, any
! Iperson or organization directly or indirectly employed by
, any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
'I indemnification obligation under paragraph 6.30 shall not be
I limited in any way by any limitation on the amount or type
of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor or other person
:'Ior organization under workers' or workmen's compensation
. acts, disability benefit acts or other employee benefit acts.
I 6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants, agents or employees arising out
I of the preparation or approval of maps, drawings, opinions,
reports, surveys, Change Orders, designs or specifications.
,I ARTICLE 7 - OTHER WORK
Related Work at Site:
I 7.1. OWNER may perform other work related to the
, Project at the site by OWNER's own forces, have other work
performed by utility owners or let other direct contracts
'I' there for which shall contain General Conditions similar to
these. If the fact that such other work is to be performed was
I
not noted in the Contract Documents, written notice thereof
will be given to CONTRACTOR prior to starting any such
other work; and, if CONTRACTOR believes that such
performance will involve additional expense to
CONTRACTOR or requires additional time and the parties
are unable to agree as to the extent thereof, CONTRACTOR
may make a claim there for as provided in Articles 11 and
12.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER, if OWNER is performing the additional work
with OWNER's employees) proper and safe access to the
site and a reasonable opportunity for the introduction and
storage of materials and equipment and the execution of
such work, and shall properly connect and coordinate the
Work with theirs. CONTRACTOR shall do all cutting,
fitting and patching of the Work that may be required to
make its several parts come together properly and integrate
with such other work. CONTRACTOR shall not endanger
any work of others by cutting, excavating or otherwise
altering their work and will only cut or alter their work with
the written consent of ENGINEER and the others whose
work will be affected. The duties and responsibilities of
CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that )I
there are comparable provisions for the benefit of
CONTRACTOR in said direct contracts between OWNER
and such utility owners and other contractors.
7.3. Ifany part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner (or OWNER), CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays, defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non .:
apparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project at the site, the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con
tractors will be identified in the Supplementary Conditions,
and the specific matters to be covered by such authority and
responsibility will be itemized, and the extent of such
authority and responsibilities will be provided, in the
Supplementary Conditions. Unless otherwise provided in
the Supplementary Conditions, neither OWNER nor
ENGINEER shall have any authority or responsibility in
respect of such coordination.
13
FllE:H:\ACCTGlCOI'ITllACT\MASTERSI 19\ 0.8
.1
ARTICLE 8-0WNER'S RESPONSIBILITIES
.1 8.1. OWNER shall issue all communications to CON-
. TRACTOR through ENGINEER.
I 8.2. In case of termination of the employment ofENGI-
, NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose sta-
I. tus under the Contract Documents shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
:1 8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make
I payments to CONTRACTOR promptly after they are due as
, . provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
;1 easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.1 and 4.4.
'. Paragraph 4.2 refers to OWNER's identifying and making
11':.a~ailable to CONTRACTOR copies of reports of
explorations and tests of subsurface conditions at the site
and in existing structures which have been utilized by
II ENGINEER in preparing the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
I and maintaining liability and property insurance are set forth
1 ! in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as
, indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
'I inspections, tests and approvals is set forth in paragraph
13.4.
8.8. In connection with OWNER's right to stop Work or
I suspend Work, see paragraphs 13.10 and 15.1. Paragraph
" 15.2 deals with OWNER's right to terminate services of
. CONTRACTOR under certain circumstances.
.1
ARTICLE 9-ENGINEER'S STATUS DURING
:1
CONSTRUCTION
Owner's Representative:
!I 9.1. ENGINEER will be OWNER's representative dur-
. ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
I representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
I VISits to Site:
I
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality 01 the executed Work and to deter-
mine, in general, if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be
required to make exhaustive or continuous 'on-site
inspections to check the quality or quantity of the Work.
ENGINEER's efforts will be directed toward providing for
OWNER a greater degree of confidence that the completed
Work will conform to the Contract Documents. On the basis
of such visits and on-site observations as an experienced and
qualified design professional, ENGINEER will keep
OWNER informed of the progress of the Work and will
endeavor to guard OWNER against defects and deficiencies
in the Work.
Project Representation:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties, responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWNER at the site
who is not ENGINEER's agent or employee, the duties,
responsibilities and limitations of authority of such other :l
person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable prompl!1ess
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings
or otherwise) as ENGINEER may determine necessary,
which shall be consistent with or reasonably inferable from
the overall intent of the Contract Documents. If
CONTRACTOR believes that a written clarification or
interpretation justifies an increase in the Contract Price or an
extension of the Contract Time and the parties are unable to
agree to the amount or extent thereof, CONTRACTOR may..
make a claim there for as provided in Article II or Article
12.
Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or
the Contract Time and are consistent with the overall intent
of the Contract Documents. These may be accomplished by
a Field Order and will be binding on OWNER. and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may make a
claim there for as provided in Article 11 or 12.
14
FlLE:H:\ACCTGlCONTRACT\MASTERSI 191 0.8
.1 Rejecting Defedive Work:
9.6. ENGINEER will have authority to disapprove or
Ireject Work which ENGINEER believes to be defective. and
. will also have authority to require special inspection or
testing of the Work as provided in paragraph 13.9, whether
lor not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
:1 9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through
6.29 inclusive.
'I 9.8. In connection with ENGINEER's responsibilities as
to Change Orders, see Articles 10, 11 and 12.
ll. 9.9. In connection with ENGINEER's responsibilities in
. respect of Applications for Payment, etc., see Article 14.
: IDeterminations for Unit Prices:
. 9.10. ENGINEER will determine the actual quantities
- and classifications of Unit Price Work performed by CON-
ITRACTOR. ENGINEER will review with CONTRACTOR
I ENGiNEER's preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
'INEER'S written decisions thereon will be fmal and binding
, upon OWNER and CONTRACTOR, unless, within ten days
after the date of any such decision, either OWNER or CON-
! I TRACTOR delivers to the other party to the Agreement and
to ENGINEER written notice of intention to appeal from
. such a decision.
'ID.. D.
eCZSlOns on zsputes:
9.11. ENGINEER will be the initial interpreter of the
IreqUirements of the Contract Documents and judge of the
i acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract"
: IDocuments pertaining to the performance and furnishing of
, the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Time will be
lreferred initially to ENGINEER in writing with a request for
a formal decision in accordance with this paragraph, which
ENGINEER will render in writing within a reasonable time.
IWritten notice of each such claim, dispute and other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in no event later
than thirty days) after the occurrence of the event giving rise
.1 thereto, and written supporting data will be submitted to
, ENGINEER and the other party within sixty days after such
occurrence unless ENGINEER allows an additional period
'Iof time to ascertain more accurate data in support of the
claim.
I 9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show par-
I
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered
in good faith in such capacity. The rendering of a decision
by ENGINEER pursuant to paragraphs 9.1 0 and 9.11 with
respect to any such claim, dispute or other matter (except
any which have been waived by the making or acceptance
of final payment as provided in paragraph 14.16) will be a
condition precedent to any exercise by OWNER or
CONTRACTOR of such rights or remedies as either may
otherwise have under the Contract Documents or by Laws
or Regulations in respect of any such claim, dispute or other
matter.
Limitations on ENGINEER's Responsibilities:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith either to
exercise or not exercise such authority shall give rise to any
duty or responsibility of ENGINEER to CONTRACTOR.
any Subcontractor, any Supplier, or any other person or
organization performing any of the Work, or to any surety
for any of them.
9.14. Whenever in the Contract Documents the terms
"as ordered", "as directed". "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives' 'reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intendedjhat
such requirement, direction, review or judgment will be
solely to evaluate the Work for compliance with the
Contract Documents (unless there is a specific statement
indicating otherwise). The use of any such term or adjective
shall not be effective to assign to ENGINEER any duty or
authority to supervise' or direct the furnishing or
performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of
paragraph 9.15 or9.16.
:l
9.15. ENGINEER will not be responsible for CON-
TRACTOR' s means, methods, techniques, sequences or
procedures of construction, or the safety precautions and
programs incident thereto, and ENGINEER will not be
responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract
Documents.
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other person or organization performing
or furnishing any of the Work.
ARTICLE to-CHANGES IN THE WORK
15
F1LE:H:\ACCTGlCONTRACT\MASTERS\ 1910.8
I
10.1. Without invalidating the Agreement and without
lotice to any surety, OWNER may, at any time or from time
o time, order additions, deletions or revisions in the Work;
. these will be authorized by a Written Amendment, a Change
Erder, or a Work Directive Change. Upon receipt of any
tich document, CONTRACTOR shall promptly proceed
ith the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
Itherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
.gree as to the extent, if any, of an increase or decrease in
.e Contract Price or an extension or shortening of the
Contract Time that should be allowed as a result of a Work
~irective Change, a claim may be made there for as
I'rovided in Article II or Article 12
10.3. CONTRACTOR shall not be entitled to an
tcrease in the Contract Price or an extension of the
, o~tnlct Time with respect to any Work performed that is
n()t required by the Contract Documents as amended,
t'Odified and supplemented as provided in paragraphs 3.4
d 3.5, except in the case of an emergency as provided in
paragraph 6.22 and except in the case of uncovering Work
r provided in paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
.ppropriate Change Orders (or Written Amendments)
.ovenng: .
10.4.1. changes in the Work which are ordered by
I. OWN ER pursuant to paragraph 1 O~ I, are required
because of acceptance of defective Work under
paragraph 13 .13 or correcting detective Work under
I paragraph 13.14, or are agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
I Time which are agreed to by the parties; and
I
I
I
10.4. 3 . changes in the Contract Price or Contract
Time which embody the substance of any written
decision rendered by ENGINEER pursuant to paragraph
9.11; provided that, in lieu of executing any such Change
Order, an appeal may be taken from any such decision in
accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, CONTRACTOR shall carry on
the Work and adhere to the progress schedule as
provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope
I>f the Work or the provisions of the Contract Documents
~including, but not limited to, Contract Price or Contract
Time) is required by the provisions of any Bond to be given
.0 a surety, the giving of any such notice will be
a:ONTRACTOR's responsibility, and the amount of each
I
applicable Bond will be adjusted accordingly.
ARTICLE II-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties,
responsibilities and obligations assigned to or undertaken by
CONTRACTOR shall be at his expense without change in
the Contract Price.
11.2. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any claim for
an increase or decrease in the Contract Price shall be based
on written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no event
later than thirty days) after the occurrence of the event
giving rise to the claim and stating the general nature of the
claim. Notice of the amount of the claim with supporting
data shall be delivered within sixty days after such
occurrence (unless ENGINEER allows an additional period
of time to ascertain more accurate data in support of the
claim) and shall be accompanied by claimant's written
statement that the amount claimed covers all known
amounts (direct, indirect and consequential) to which the
claimant is entitled as a result of the occurrence of said
event. All claims for a~justment in the Contract Price shall
be determined by ENGINEER in accordance with paragraph
9.11 if OWNER and CONTRACTOR cannot otherwise
agree on the amount involved. No claim for an adjustment
in the Contract Price will be valid if not submitted in
accordance with this paragraph 11.2.
;1
11.3. The value of any Work covered by a Change
Order or of any claim for an increase or decrease in the
Contract Price shall be determined in .one of the following
ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1. through
I 1.9.3, inclusive).
11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessar:ily in accordance with paragraph 11.6.2.1).
11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
Cost of the Work:
16
FI LE: H:\ACCTGlCOm-RACT\MASTERSI 191 0.8
.1
11.4. The term Cost of the Work means the sum of all
Icosts necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
, may be agreed to in writing by OWNER, such costs shall be
in amounts no higher than those prevailing in the locality of
Ithe Project, shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon
by OWNER and CONTRACTOR. Payroll costs for
employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries
and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment,
excise and payroll taxes, workers' or workmen's
compensation, health and retirement benefits, bonuses,
si~k leave, vacation and holiday pay applicable thereto.
. Such employees shall include superintendents and
J I-~' : foremen at the site. The expenses of performing Work
after regular working hours, on Saturday, Sunday or
legal holidays, shaH be included in the above to the
extent authorized by OWNER.
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11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of trans-
portation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. AH trade discounts,
rebates and refunds and all returns from sale of surplus
materials and equipment shaH accrue to OWNER, and
CONTRACTOR shaH make provisions so that they may
be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to
CONTRACTOR and shall deliver such bids to OWNER
who will then determine, with the advice of ENGINEER,
which bids will be accepted. If a subcontract provides
that the Subcontractor is to be paid on the basis of Cost
of the Work Plus a Fee, the Subcontractor's Cost of the
Work shall be determined in the same manner as
CONTRACTOR's Cost of the Work. All subcontracts
shaH be subject to the other provisions of the Contract
Documents insofar as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories, sur-
veyors, attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transporta-
tion, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2. Cost, including transportation and main-
tenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities
at the site and hand tools not owned by the workers,
which are consumed in the performance of the Work,
and cost less market value of such items used but not
consumed which remain the property of
CONTRACTOR.
11.4.5.3. Rentals of aH construction equipment
and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with
rental agreements approved by OWNER with the
advice of ENGINEER, and the costs of
transportation, loading, unloading, installation,
dismantling and removal thereof--aH in accordance
with terms of said rental agreements. The rental of jl
any such equipment, machinery or parts shall cease
when the use thereof is no longer necessary for the
Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which CONTRACTOR
is liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CONTRACfOR. any Subcontractor or
anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable, and
royalty payments and fees for permits and licenses. ·
11.4.5.6. Losses and damages (and related
expenses), not compensated by insurance or
otherwise, to the Work or otherwise sustained by
CONTRACfOR in connection with the performance
and furnishing of the Work (except losses and
damages within the deductible amounts of property
insurance established by OWNER in accordance with
paragraph 5.9), provided they have resulted from
causes other than the negligence of CONTRACfOR.
any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER. No such losses, damages and
expenses shaH be included in the Cost of the Work
for the purpose of determining CONTRACTOR's
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Fee. If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in
charge thereof, CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph
11.6.2. .
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the site,
express age and similar petty cash items in connection
with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work and premiums for property insurance coverage
within the limits of the deductible amounts
established by OWNER in accordance with paragraph
5.9.
'1-:...-11.5. The term Cost of the Work shall not include any of
the following:
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11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers,executives, principals (of partner-
ship and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors.
accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other pcrrsonnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in par -a graph 11.4.1 or
specifically covered by paragraph 11.4.4- all of which
are to be considered administrative costs covered by the
CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site
11.5.3. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub-
paragraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone directly
or indirectly employed by any of them or for whose acts
any of them may be liable, including but not limited to,
the correction of defective Work, disposal ofmatenals or
equipment WTongly supplied and making good any
damage to property.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
CONTRACTOR'S Fee:
11.6. The CONTRACTOR's Fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually acceptable fixed fee; or if none can
be agreed upon,
11.6.2. a fee based on the following percentages of
the various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs
11.4.1 and 11.4.2, the CONTRACTOR's Fee shall be
fifteen percent;
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11.6.2.2. for costs incurred under paragraph
11.4.3, the CONTRACTOR's Fee shall be five
percent; and if a subcontract is on the basis of Cost of
the Work Plus a Fee, the maximum allowable to
CONTRACTOR on account of overhead and profit of
all Subcontractors shall be fifteen percent;
11.6.2.3. no fee shall he payable on the basis of
costs itemized under paragraphs 11.4.4, 11.4.5 and
11.5:
11.6.2.4. the amount of credit to be allowed by
CONTRACTOR to OWNER for any such change.
which results in a net decrease in cost will be the
amount of the actual net decrease plus a deduction in
CONTRACTOR's Fee by an amount equal t~ ten
percent of the net decrease: and
11.6.2.5. when both additions and credits are
involved in anyone change, the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of
the net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4. inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph 11.4 or 11.5, CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
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11.8. It is understood that CONTRACTOR has included
lin the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to
be done by such Subcontractors or Suppliers and for such
Isums within the limit of the allowances as may be
acceptable to ENGINEER. CONTRACTOR agrees that:
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11.8.1. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be
delivered at the site, and all applicable taxes: and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price and
not in the allowances. No demand for additional payment
on account of any thereof will be valid.
! I Prior to fmal payment, an appropriate Change Order will be
. ~sued as recommended by ENGINEER to reflect actual
'Iitnounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be correspond-
ingly adjusted.
'I Unit Price Work: .
11.9.1. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the
established unit prices for each separately identified item
of Unit Price Work times the estimated quantity of each
item as indicated in the Agreement. The estimated
quantities of items of Unit Price Work are not guaranteed
and are solely for the purpose of comparison of Bids and
determining an initial Contract Price. Determinations of
the actual quantities and classifications of Unit Price
Work performed by CONTRACTOR will be made by
ENGINEER in accordance with Paragraph 9.10.
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11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACfOR to be adequate to
cover CONTRACTOR's overhead and profit for each
separately identified item.
11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACfOR differs materially
and significantly from the estimated quantity of such
item indicated in the Agreement and there is no
corresponding adjustment with respect to any other item.
of Work and if CONTRACfOR believes that
CONTRACTOR has incurred additional expense as a
result thereof, CONTRACTOR may make a claim for an
increase in the Contract Price in accordance with Article
11 if the parties are unable to agree as to the amount of
any such increase.
ARTICLE 12-CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a
Change Order or a Written Amendment. Any claim for an
extension or shortening of the Contract Time shall be based
on written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no event
later than thirty days) after the occurrence of the event
giving rise to the claim and stating the general nature of the
claim. Notice of the extent of the claim with supporting data
shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and
shall be accompanied by the claimant's written statement
that the adjustment claimed is the entire adjustment to which
the claimant has reason to believe it is entitled as a result of
the occurrence of said event. All claims for adjustment in
the Contract Time 24 shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACfOR cannot otherwise agree. No claim for an
adjustment in the Contract Time will be valid if not
submitted in accordance with the requirements of this
Paragraph 12.1.
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12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made there for as provided in para-
graph 12.1. Such delays shall include, but not be limited to,
acts or neglect by OWNER or others performing additional
work as contemplated by Article 7, or to frres, floods, labor
disputes, epidemics, abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages
(including but not limited to fees and'charges of engineers,
architects, attorneys and other professionals and court and .:
arbitration costs) for delay by either party.
ARTICLE 13-WARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
"
Warranty and Guarantee:
13.1. CONTRACfOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be
defectiVe. Prompt notice of all defects shall be given to
CONTRACTOR. All defective Work, whether or not in
place, may be rejected, corrected or accepted as provided in
this Article 13 .
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FlLE:H:\ACCTG\CONTRACT\MASTERS\ 1910.8
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Access to Work:
I 13.2. ENGINEER and ENGINEER's representatives,
other representatives of OWNER, testing agencies and gov-
ernmental agencies with jurisdictional interests will have
laccess to the Work at reasonable times for their observation,.
inspecting and testing. CONTRACTOR shall provide proper
and safe conditions for such access.
! ITests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
: Itests or approvals .
13.4. If Laws or Regulations of any public body having
~urisdiction require any Work (or part thereof) to
1 .~pecifically be inspected, tested or approved.
CONTRACTOR shall assume full responsibility there for,
pay all costs in connection therewith and furnish
: IENGINEER the required certificates of inspection, testing
_ or approval. CONTRACTOR shall also be responsible for
apd shall pay all costs in connection with any inspection or
I .~ting required in connection with OWNER's or
.ENGINEER's acceptance of a Supplier of materials or
equipment proposed to be incorporated in the Work, or of
'ImaterialS or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in the
Work. The cost of all inspections, tests and approvals in
laddition to the above which are required by the Contract
I Documents shall be paid by OWNER (unless otherwise
. specified).
'I 13.5. All inspections, tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
lito OWNER and CONTRACTOR (or by ENGINEER if so
specified) .
13.6. Ifany Work (including the work of others) that is
11 to be inspected, tested or approved is covered without
written concurrence of ENGINEER, it must, if requested by
ENGINEER, be uncovered for observation. Such
I I uncovering shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and
II ENGINEER has not acted with reasonable promptness in
response to such notice.
II 13.7. Neither observations by ENGINEER nor inspec-
, tions, tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the
Work in accordance with the Contract Documents.
'I Uncovering Work:
13.8. If any Work is covered contrary to the written
:1 request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's observation
11
and replaced at CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's
request, shall uncover, expose or otherwise make available
for observation, inspection or testing as ENGINEER may
require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that
such Work is defective. CONTRACTOR shall bear all
direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of
satisfactory reconstruction, (including but not limited to fees
and charges of engineers, architects, attorneys and other
professionals), and OWNER shall be entitled to an
appropriate decrease in the Contract Price, and, if the parties
are unable to agree as to the amount thereof, may make a
claim there for as provided in Article 11. If, however, such
Work is not found to be defective. CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of
the Contract Time, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing and
reconstruction: and, if the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may make a
claim there for as provided in Articles 11 and 12.
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Owner May Stop the Work:
13.10. If the Work is defective. or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such
a way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work. or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER to exercise this right for. the benefit of
CONTRACTOR or any other party.
Correction or Removal of Defective Work:
13 .11. If required by ENGINEER, CONTRACTOR
shall promptly, as directed, either correct all defective Work.
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with non defective Work.
CONTRACTOR shall bear all direct, indirect and
consequential costs of such correction or removal (including
but not limited to fees and charges of engineers, architects,
attorneys ~d other professionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents, any
Work is fou"nd to be defective. CONTRACTOR shall
20
FllE:H :\ACCTo.cONTRAC"T\MASTERS\ 191 0.8
'Ipromptly, without cost to OWNER and in accordance with
OWNER's written instructions, either correct such defective
'.Work, or, ifit has been rejected by OWNER. remove it from
.he site and replace it with non defective Work. If
CONTRACTOR does not promptly comply with the terms
10f such instructions, or in an emergency where delay would
cause serious risk ofloss or damage, OWNER may have the
defective Work corrected or the rejected Work removed and
I lePlaced, and all direct. indirect and consequential costs of
uch removal and replacement (including but not limited to
fees and charges of engineers, architects, attorneys and other
~rofessiOnaIS) will be paid by CONTRACTOR. In special
I ircumstances where a particular item of equipment is
laced in continuous service before Substantial Completion
of all the Work, the correction period for that item may start
.0 run from an earlier date if so provided in the
It;pecifications or by Written Amendment.
. rcceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
. replacement of defective Work, OWNER (and, prior to
IE'" ,9INEER's recommendation of fmal payment. also
GINEER) prefers to accept it. OWNER may do so.
ONTRACTOR shall bear all direct. indirect and
consequential costs attributable to OWNER's evaluation of
! Ld determination to accept such defective Work (such costs
.0 be approved by ENGINEER as to reasonableness and to
include but not be limited. to fees and charges of engineers,
, Irchitects, attorneys and other professionals). If any such
cceptance occurs prior to ENGINEER's recommendation
. of final payment, a Change Order will be issued
~corporating the necessary revisions in the Contract
w-'ocuments with respect to the Work; and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
fand, if the parties are unable to agree as to the amount
ereof, OWNER may make a claim there for as provided in
!Article 11. If the acceptance occurs after such
recommendation, an appropriate amount will be paid by
IFONTRACTORtoO~R.
OWNER May Correct Defective Work:
113.14. IfCONTRACfOR fails within a reasonable time
. fter written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
Lph 13.11, or if CONTRACTOR fails to perform the
~~rk in accordance with the Contract Documents, or if
CONTRACfOR fails to comply with any other provision of
aIte Contract Documents, OWNER may, after seven days'
Ltten notice to CONTRACfOR. correct and remedy any
such deficiency. In exercising the rights and remedies under
Ifhis paragraph OWNER shall proceed expeditiously. To the
~xtent necessary to complete corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
fihe site, take possession of all or part of the Work, and
.uspend CONTRACTOR's services related thereto, take
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possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment stored
at the site or for which OWN ER has paid CONTRACfOR
but which are stored elsewhere. CONTRACfOR shall allow
OWNER. OWNER's representatives, agents and employees
such access to the site as may be necessary to enable
OWNER to exercise the rights and remedies under this
paragraph. All direct. indirect and consequential costs of
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR in an amount approved as
to reasonableness by ENGINEER. and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and OWNER
shall be entitled to an appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the amount
thereof, OWNER may make a claim there for as provided in
Article II. Such direct. indirect and consequential costs will
include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals, all court and
arbitration costs and all costs of repair and replacement of
work of others destroyed or damaged by correction, removal
or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the
Contract Time because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
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ARTICLE 14-P A YMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month), CON-
TRACTOR shall submit to ENGINEER for review an
Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such supporting
documentation as is required by the Contract Documents. If
payment is. requested on the basis of materials and
equipment not incorporated in the Work but delivered and
suitably stored at the site or at another location agreed to in
writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all liens, charges,
security interests and encumbrances (which are hereinafter
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I
in these General Conditions referred to as "Liens") and
Ividence that the materials and equipment are covered by
ppropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be sat-
I. sfactory to OWNER. The amount of retain age with respect
o progress payments will be as stipulated in the Agreement
CONTRACTOR's Warranty of Tille:
l14.3. CONTRACTOR warrants and guarantees' that title
o all Work. materials and equipment covered by any Appli-
cation for Payment, whether incorporated in the Project or
tot, will pass to OWNER no later than the time of payment
free and clear of all Liens.
review of Applications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
IreCOmmendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
. cating in writing ENGINEER's reasons for refusing to rec-
o~end payment. In the latter case, CONTRACTOR may
InUikethe necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation, the amount rec-
lommended will (subject to the provisions of the last
sentence of paragraph 14.7) become due and when due will
be paid by OWNER to CONTRACTOR.
I 14.5. ENGINEER's recommendation of any payment
. requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on ENGI-
I NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER's review of the Application for Payment and the
I accompanying data and schedules that the Work has pro-
gressed to the point indicated; that, to the best of ENGI-
NEER's knowledge, information and belief, the quality of
I the Work is in accordance with the Contract Documents
; (subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results of
I any subsequent tests called for in the Contract Documents,
to a final determination of quantities and classifications for
Unit Price Work under paragraph 9.10, and to any other
qualifications stated in the recommendation); and that
I CONTRACTOR is entitled to payment of the amount
recommended. However, by recommending any such
payment ENGINEER will not thereby be deemed to have
I represented that exhaustive or continuous on-site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities specifically
I assigned to ENGINEER in the Contract Documents or that
there may not be other matters or issues between the parties
that might entitle CONTRACTOR to be paid additionally by
I OWNER 'or OWNER to withhold payment to
CONTRACTOR.
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14.6. ENGINEER's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR' s being entitled to final payment as set forth in
paragraph 14.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make such representations to
OWNER. ENGINEER may also refuse to recommend any
such payment, or, because of subsequently discovered
evidence or the results of subsequent inspections or tests,
nullify any such payment previously recommended, to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss because:
14.7.1. the Work is defective. or completed Work has
been damaged requiring correction or replacement,
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14.7.2. the-Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been-required to correct defec-
tive Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. of ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.9 inclusive.
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OWNER may refuse to make payment of the full amount
recommended by ENGINEER because claims have been
made against OWNER on account of CONTRACTOR's per-
fonnance or furnishing of the Work or Liens have been filed
in connection with the Work or there are. other items
entitling OWNER to a set-off against the amount
recommended, but OWNER must give CONTRACTOR
immediate written notice (with a copy to ENGINEER)
stating the reasons for such action. .
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed
by CONTRACTOR as incomplete) and request that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete, ENGINEER will
notify CONTRACTOR in writing giving the reasons there
for. If ENGINEER considers the Work substantially
complete, ENGINEER will prepare and deliver to OWNER
a tentative certificate of Substantial Completion which shall
fIX the date of Substantial Completion. There shall be
attached to the certificate a tentative list of items to be
FI LE: H :\ACCTG\COI'ITRACT\MASTERS\ 191 0.8
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completed or corrected before final payment OWNER shall
I have seven days after receipt of the tentative certificate
during which to make written objection to ENGINEER as to
any provisions of the certificate or attached list. If, after
I considering such objections, ENGINEER concludes that the
Work is not substantially complete, ENGINEER will within
fourteen days after submission of the tentative certificate to
OWNER notify CONTRACTOR in writing, stating the
I reasons there for. If, after consideration of OWNER's
objections, ENGINEER considers the Work substantially
complete, ENGINEER will within said fourteen days
I execute and deliver to OWNER and CONTRACTOR a
definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or corrected)
I reflecting such changes from the tentative certificate as
ENGINEER believes justified after consideration of any
objections from OWNER. At the time of delivery of the
I tentative certificate of Substantial Completion ENGINEER
will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
.. final payment between OWNER and CONTRACfOR with
I r~spect to security, operation, safety, maintenance, heat,
utilities, insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
I ENGINEER prior to ENGINEER's issuing the defmitive
certificate of Substantial Completion, ENGINEER's afore-
said recommendation will be binding on OWNER and
I CONTRACTOR until fmal payment
1
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14.9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
Partial Utilization:
14.10. Use by OWNER of any finished part of the Work,
I which has specifically been identified in the Contract Docu-
; ments, or which OWNER, ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and use able
I. part of the Work that can be used by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work, may be accomplished prior to
Substantial Completion of all the Work subject to the
I following:
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14.10.1. OWNER at any time may request CON-
TRACfOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACfOR agrees, CONTRACfOR will certify to OWN
ER and ENGINEER that said part of the Work is
substantially complete and request ENGINEER to issue
a certificate of Substantial Completion for that part of the
Work. CONTRACfOR at any time may notify OWNER
and ENGINEER in writing that CONTRACTOR
considers any such part of the Work ready for its
intended use and substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a
reasonable time after either such request, OWNER,
CONTRACTOR and ENGINEER shall make an'lnspec-
tion of that part of the Work to determine its status of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete, ENGINEER will
notify OWNER and CONTRACTOR in writing giving
the reasons there for. If ENGINEER considers that part
of the Work to be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of the
Work and the division of responsibility in respect thereof
and access thereto .
14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER, CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the
items remaining to be completed or corrected thereon
before final payment If CONTRACTOR does not object
in writing to OWNER and ENGINEER that such part of
the Work is not ready for separate operation by
OWNER, ENGINEER will fmalize the list of items to be
completed or corrected and will deliver such list to
OWNER and CONTRACTOR together with a written
recommendation as to the division of responsibilities
pending final payment between OWNER and
CONTRACTOR with respect to security, operation,
safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become
binding upon OWNER and CONTRACfOR at the time
when OWNER takes over such operation (unless they'
shall have otherwise agreed in writing and so informed
ENGINEER). During such operation and prior to
Substantial Completion of such part of the \york,
OWNER shall allow CONTRACTOR reasonable access
to complete or correct items on said list and to complete
other related Work.
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14.10.3. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that
the entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with OWNER and
CONTRACfOR and will notify CONTRACTOR in writing
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of all particulars in which this inspection reveals that the
IM'Ork is incomplete or defective. CONTRACTOR shall
. mmediately take such measures as are necessary to remedy
such deficiencies.
IFinal Application for Payment:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
Imaintenance and operating instructions, schedules, guaran-
ees, Bonds, certificates of inspection, marked-up record
documents (as provided in paragraph 6.19) and other docu-
Iments--all as required by the Contract Documents, and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16), CONTRACTOR
Imay make application for fmal payment following the pro-
cedure for progress payments. The final Application for
Payment shall be accompanied by all documentation called
for in the Contract Documents, together with complete and
IlegallY effective releases or waivers (satisfactory to
OWNER) of all Liens arising out of or filed in connection
-- with the Work. In lieu thereof and as approved by OWNER,
ICONTRACTOR may furnish receipts or releases in full; an
affidavit of CONTRACTOR that the releases and receipts
include all labor, services, material and equipment for which
I a Lien could be filed, and that all payrolls, material and
. equipment bills. and other indebtedness connected with the
, Work for which OWNER or OWNER's property might in
any way be responsible, have been paid or otherwise
I satisfied; and consent of the surety, ifany, to fmal payment.
If any Subcontractor or Supplier fails to furnish a release or
. receipt in full, CONTRACTOR may furnish a Bond or other
I collateral satisfactory to OWNER to indemnify OWNER
against any Lien.
I Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and [mal inspection, and .
I ENGINEER's review of the fmal Application for Payment
iand accompanying documentation-all as required by the
Contract Documents, ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
I under the Contract Documents have been fulfilled, ENGI-
NEER will, within ten days after receipt of the final Appli-
cation for Payment, indicate in writing ENGINEER's rec-
I ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the
I Work is acceptable subject to the provisions of paragraph
14.16. Otherwise, ENGINEER will return the Application
to CONTRACTOR, indicating in writing the reasons for
refusing to recommend [mal payment, in which case
I CONTRACTOR shall make the necessary corrections and
resubmit the Application. Thirty days after presentation to
OWNER of the Application and accompanying
I documentation, in appropriate form and substance, and with
ENGINEER's recommendation and notice of acceptability,
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the amount recommended by ENGINEER will become due
and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon rec'eipt of
CONTRACTOR's fmal Application for Payment and
recommendation of ENGINEER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is tess than the retain age
stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5.1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment. Such payment shall be made
under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
{
Contractor's Continuing Obligation:
14.15. CONTRACfOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. Neither recommendation of
any progress or fmal payment by ENGINEER, nor the
issuance of a certificate of Substantial Completion, nor any
payment by OWNER to CONTRACTOR under the Contract
Documents, nor any use or occupancy of the Work or any
part thereof by OWNER, nor any act of acceptance-by
OWNER nor any failure to do so, nor any' review and
approval of a Shop Drawing or sample submission, nor the
issuance of a notice of acceptability by ENGINEER
pursuant to paragraph 14.13, nor any correction of defective
Work by OWNER will constitute an acceptance of Work
not in accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work in
accordance with the Contract DoCuments (except as
provided in paragraph 14.16).
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Waiver olelaims:
14.16. The making and acceptance of final payment will
constitute:
14.16.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled
24
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Liens, from defective Work appearing after final inspec-
tion pursuant to paragraph 14.1 1 or from failure to
comply with the Contract Documents or the tenns of any
special guarantees specified therein; however, it will not
constitute a waiver by OWNER of any rights in respect
of CONTRACTOR's continuing obligations under the
Contract Documents; and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
~TICLE ~S-SUSPENSION OF WORK AND
. . "TERMINATION .
Owner May Suspend Work:
'L 15.1. OWNER may, at any time and without cause, sus-
_. ~d .the Work or any portion thereof for a period ,of not
~ore than ninety days by notice in writing to
I ~ONTRACTOR and ENGINEER which will fix the date on
.which Work will be resumed. CONTRACTOR shall resume
the Work on the date so fixed. CONTRACTOR shall be
lallowed an increase in the Contract Price or an extension of
I the Contract Time, or both, directly attributable to any
suspension if CONTRACTOR makes an approved claim
1 I there for as provided in Articles 11 and 12.
. Owner May Terminate:
15.2. Upon the occurrence of anyone or more of the
! Ifollowing events:
15.2.1. if CONTRACTOR commences a voluntary
case under any chapter of the Bankruptcy Code (Title 11,
United States Code), as now or hereafter in effect, or if
CONTRACTOR takes any equivalent or similar action
by filing a petition or otherwise under any other federal
or state law in effect at such time relating to the
bankruptcy or insolvency;
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15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing, or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency;'
15.2.3. if CONTRACTOR makes a general
assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of
CONTRACTOR is appointed under applicable law or
under contract, whose appointment or authority to take
charge of property of CONTRACTOR is for the purpose
of enforcing a Lien against such property or for the
purpose of general administration of such property for
the benefit of CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inabi-
lity to pay its debts generally as they become due:
15.2.6. if CONTRACTOR persistently fails to
perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to {
supply sufficient skilled workers or suitable materials or
equipment or failure to adhere to the progress schedule
established under paragraph 2.9 as revised from time to
time);
15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments:
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OWNER may, after giving CONTRACTOR (and the surety;
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the-site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction equipment
and machinery at the site and use the same to the full extent
they could be used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion), incorporate in
the Work all materials and equipment stored at the site or
for which OWNER has paid CONTRACTOR but which are
stored elsewhere, and imish the Work as OWNER may
deem expedient In such case 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, indirect and consequential costs of completi~g the
Work (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals and
court and arbitration costs) such excess will be paid to
CONTRACTOR If such costs exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such
costs incur.red by OWNER will be approved as to
reasonableness by ENGINEER and incorporated in a
Change Order, but when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
2S
FlLE:H:\ACCTGlCOI'rl1lACTlMASTERSI 191 0.8
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existing or which may thereafter accrue. Any retention or
.,ayment of moneys due CONTRACTOR by OWNER will
rot release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
IIrOR and ENGINEER, OWNER may, without cause and
Lithout prejudice to any other right or remedy, elect to
abandon the Work and terminate the Agreement In such
Qcase. CONTRACTOR shall be paid for all Work executed
land any expense sustained plus reasonable termination
expenses, which will include, but not be limited to, direct,
~direct and consequential costs (including, but not limited
.~, fees and charges of engineers, architects, attorneys and
other professionals and court and arbitration costs). .
fJcontractor May Stop Work or Terminate: .
U- 15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
-,:>WN ER or under an order of court or other public
IIIuthority, or ENGINEER fails to act on any Application for
, Pa}'ment within thirty days after it is submitted, or OWNER
tf:cj:i.l~ f9r thirty days to pay CONTRACTOR any sum finally
IFeiermined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER,
_,erminate the Agreement and recover from OWNER
wayment for all Work executed and any ex~e~e sustained
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plus reasonable termination expenses. In addition and in lieu
of terminating the Agreement, if ENGINEER has failed to
act on an Application for Payment or OWNER has failed to
make any payment as aforesaid, CONTRACTOR may upon
seven days' written notice to OWNER and ENGINEER stop
the Work until payment of all amounts then due. The
provisions of this paragraph shall not relieve
CONTRACTOR of the obligations under paragraph 6.29 to
cany on the Work in accordance with the progress schedule
and without delay during disputes and disagreements with
OWNER.
[The remainder of this page was left blank
intentionally.)
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~TICLE 16-ARBITRATION
I. 16.1. All claims, disputes and other matters in question
etween OWNER and CONTRACTOR arising out of, or
relating to the Contract Documents or the breach thereof
'""
lexcept for claims which have been waived by the making
r acceptance of final payment as provided by paragraph
14.16) will be decided by arbitration in accordance with the
. Enstruction Industry Arbitration Rules of the American
. bitration Association then obtaining subject to the
imitations of this Article 16. This agreement so to arbitrate
land any other agreement or consent to arbitrate entered into
. n accordance herewith as provided in this Article 16 will be
pecifically enforceable under the prevailing law of any
court having jurisdiction.
; I 16.2. No demand for arbitration of any claim, dispute or
, other -matter that is required to be referred to ENGINEER
~j~iallY for decision in accordance with paragraph 9.11 will
e made until the earlier of (a) the date on which
NGINEER has rendered a decision or (b) the tenth day
Eer the parties have presented their evidence to
I . GINEER if a written decision has not been rendered by
GINEER before that date. No demand for arbitration of
any such claim, dispute or other matter will be made later
I tan thirty days after the date on which ENGINEER has
ndered a written decision in respect thereof in accordance
'. with paragraph 9.11; and the failure to demand arbitration
. avithin said thirty days' period shall result in ENGINEER's
,,liecision being final and binding upon OWNER and
CONTRACTOR. If ENGINEER renders a decision after
rbitration proceedings have been initiated. such decision
ray be entered as evidence but will not supersede the
.- arbitration proceedings, except where the decision is
---acceptable to the parties concerned. No demand for arbitra-
t. on of any written decision of ENGINEER rendered in
ccordance with paragraph 9.10 will be made later than ten
days after the party making such demand has delivered writ-
Iren notice of intention to appeal as provided in paragraph
~.IO.
I 16.3. Notice of the demand for arbitration will be filed
. "n writing with the other party to the Agreement and with
the American Arbitration Association, and a copy will be
~ent to
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ENGINEER for information. The demand for arbitration
will be made within the thirty-day or ten-day period
specified in paragraph 16.2 as applicable, and in all other
cases within a reasonable time after the claim, dispute or
other matter in question has arisen, and in no event shall any
such demand be made after the date when institution oflega}
or equitable proceedings based on such claim, dispute or
other matter in question would be barred by the applicable
statute of limitations.
16.4. No arbitration arising out of or relating to the Con-
tract Documents shall include by consolidation, joinder or
in any other manner any other person or entity (including
ENGINEER, ENGINEER's agents, employees or consul-
tants) who is not a party to this contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who are already parties to the arbitration,
16.4.2. such other person or entity is substantially
involved in a question oflaw or fact which is coinmon to
those who are already parties to the arbitration and which
will arise in such proceedings, and
.~
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described in
such consent or to arbitration with any party not
specifically identified in such consent
16.5. The award rendered by the arbitrators will be fmal,
judgment may be entered upon it in any court having juris-
diction thereof, and will not be subject to modification or'
appeal except to the extent permitted by Sections 10 and 11
of the Federal Arbitration Act (9 V.S.C. 10,11).
[The remainder of this page was left blank intentionally.]
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IARTICLE 17-MISCELLANEOUS
IGiVing Notice: .
. 17.1. Whenever any provision of the Contract Docu-
ments requires the giving of written notice, it will be
.-,deemed to have been validly given if delivered in person to
Ithe individual or to a member of the firm or to an officer of
, the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the
. .Ilast business address known to the giver of the notice.
Computation Or Time:
. 17.2.1. When any period of time is referred to in the
. Contract Documents by days, it will be computed to
exclude the first and include the last day of such period.
If the last day of any such period falls on a Saturday or
I Sunday or on a day made a legal holiday by the law of
. ,th~ applicable jurisdiction, such day will be omitted from
_.' the computation.
.:1-::',:- '17.2.2. A calendar day of twenty-four hours
measured from midnight to the next midnight shall
; I constitute a day.
General:
I 17.3. Should OWNER or CONTRACfOR suffer injury
: or damage to person or property because of any error, omis-
. sion or act of the other party or of any of the other party's
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employees or agents or others for whose acts the other party
is legally liable, claim will be made in writing to the other
party within a reasonable time of the first observance of
such injury or damage. The provisions of this paragraph
17.3 shall not be construed as a substitute for or a waiver of
the provisions of any applicable statute of limitations or
repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto, and, in particular but without
limitation, the warranties, guarantees and obligations
imposed upon CONTRACTOR by paragraphs 6.30,
13.1,13.12, 13.14, 14.3 and 15.2 and all of the rights and
remedies available to OWNER and ENGINEER thereunder,
are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or
all of ~em which are otherwise imposed or available by
Laws or Regulations, by special warranty or guarantee or by
other provisions of the Contract Documents, and the
provisions of this paragraph will be as effective as if
repeated specifically in the Contract. Documents in
connection with each particular duty, obligation, right and
remedy to which they apply. All representations, warranties
and guarantees made in the Contract Documents will .~
survive fmal payment and termination or completion of the
Agreement.
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SUPPLEMENTARY GENERAL CONDITIONS
SC-l. These supplementary conditions amend or supplement the Standard General Conditions of
the Construction Contract and other provisions of the Contract Documents as indicated
below. All provisions which are not so amended or supplemented remain in full force and
effect.
SC-2. The terms used in the supplementary condition which are defined in the Standard General
Conditions to the Construction Contract have the meanings assigned to them in the General
Conditions.
SC-3. Amend fIrst sentence of paragraph 2.2.
Owner shall furnish to Contractor up to five (5) copies. . .
SC-4. Revise paragraph 2.7 in its entirety and insert the following~
Before any work at the site is started, CONTRACTOR shall deliver to OWNER,
with a copy to ENGINEER, certificates (and other evidence of insurance requested
by OWNER) which CONTRACTOR is required to purchase and maintain in
accordance with paragraphs 5.3 and 5.4.
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SC-5. Amend paragraph 4.1.
Add: Contractor shall schedule work as prioritized in the Pre-construction meeting.
SC-6. Amend paragraph 4.2.1
Add: Soil boring report is not available.
SC-7. The limits of liability for the insurance required by paragraph 5.3 of the General Conditions
shall provide coverage for not less than the fol1owing amoWlts or greater where required by
Laws and Regulations:
.1
a. Policies, Certificates, Limits and Disposition of Documents. - The Contractor shall
obtain at his expense insurance with limits as shown hereinbelow unless the
Contractor desires to broaden the limits and obtain more protection.
[1] OWNER'S PROTECTIVE LIABILITY-INSURANCE - Taken out in name
of the owner as insured. (See Invitatio~ ~o Bid for exact legal name of
owner.) .
Bodily injury, including death -limits of $1 ,000,000.00 for each person and
$2,000,000.00 for each accident.
Property damage - limits of $500,000.00 for each accident and
$1,000,000.00 for the aggregate of operations.
DISPOSITION: Original policy must be deposited with owner prior to
commencement of work.
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[2] CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE - Taken out
in the name of the Contractor.
Bodily injury, including death -limits of $1 ,000,000.00 for each person and
$2,000,000.00 for each accident.
Property damage - limits of $500,000.00 for each accident and
$1,000,000.00 for the aggregate of operations.
DISPOSITION: Certificate of insurance must be sent to owner prior to
commencement of work.
[3] CONTRACTOR'S PUBLIC LIABILITY INSURANCE - Taken out in the
name of the Contractor.
Bodily injury. including death -limits of$I,OOO,OOO.OO for each person and
$2,000,000.00 for each accident.
Property damage - limits of $500,000.00 for each accident and
$1,000,000.00 for the aggregate of operations.
DISPOSITION: Certificate of insurance must be sent to Owner prior to
commencement of work.
[4] BUILDER'S RISK INSURANCE - Payable to the Contractor and Owner, as
their interests may appear, upon the entire structure and upon all materials
in or adjacent thereto which are to be made a part of the insured structure to
100% of the insurable value thereof covering fire, extended coverage"
vandalism and malicious mischief.
DISPOSITION: Original policy must be deposited with Owner prior to
commencement of work.
11
b.
Acceptability of Insurers to Owner. - No insurance will be acceptable unless written
by a company licensed by the State Insurance Commissioner to do business in
Georgia at the time the policy is issued, and the company must in addition be
acceptable to the Owner. To avoid inconvenience, any general contractor or
subcontractor must get in touch with the Owner to determine whether the insurance
company or companies he expects to use is or ,are acceptable to the Owner. All
policies and certificates must be signed or countersigned, as the case .may be, by
resident Georgia agents.
c.
Termination of Obligation to Insure. - Unless otherwise expressly provided to the
contrary, the obligation to insure as prescribed herein shall not terminate until the
Engineer shall have executed the final certificate.
d.
. Contractor shall purchase and maintain during the full course of construction "All
Risk" Builder's Risk Insurance coverage which names the Contractor, Owner and
Engineer as co-insured. "
e.
The Contractor will turn over areas completed for construction prior to substantial
. completion. Contractor shall maintain insurance on work he performs within
"battery limits".
2
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SC-8. Add to paragraph 6.8.2.
The CONTRACTOR shall identify Utility Contractor at time of bid and mark the Bid _.
with th Utility Contractor's Georgia License Number. Within two (2) days of being
notified that the CONTRACTOR is the apparent low bidder, the CONTRACTOR
shall submit a list to the ENGINEER of the following SUBCONTRACTORS that
he plans to use on this project. The list shall include:
a. Grading subcontractor
b. Tennis Court subcontractor
c. Paving subcontractor
d. Fencing subcontractor
e. Lighting subcontractor
SC-9. Add paragraph 7.5
7.5. Should CONTRACTOR cause damage to the work or p.roperty of any
separate contractor at the site, or should any claim arising out of
CONTRACTOR's performance of the Work at the site be made by any
separate contractor against CONTRACTOR, OWNER, ENGINEER, the
Construction Coordinator or any other person, CONTRACTOR shall
promptly attempt to settle with such other contractor by agreement, or to
otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall,
to the fullest extent permitted by Laws and Regulations, indemnify and hold
OWNER, ENGINEER and the Construction Coordinator hannIess from and
against all claims, damages, losses and expenses (mcluding, but notlirnited to,
fees of engineers, architects, attorneys and other professionals and court. and
arbitration costs) arising directly, indirectly or consequentially out of any
action, legal or equitable, brought by any separate contractor against
OWNER, ENGINEER, or the Construction Coordinator to the extent based
on a claim arising out of CONTRACTOR's perfonnance of the Work. Should
a separate contractor cause damage to the Work or property of
CONTRACTOR or should the performance 'of Work by any separate
contractor at the site give rise to any other claim, CONTRACTOR shall not
institute any action, legal or equitable, against OWNER, ENGINEER or the
Construction Coordinator or permit any action against any of them to be
maintained and continued in its name or for its benefit in any court or before
any arbiter which seeks to impose liability on or to recover damages from
OWNER, ENGINEER or the Construction Coordinator on account of any
such .damage or claim. If CONTRACTOR is delayed at any time in
performing or furnishing Work by any act or neglect of a separate contractor
and OWNER and CONTRACTOR are unable to agree as to t he extent of any
adjustment in Contract Time attnbutable thereto, CONTRACTOR may make
a claim for an extension of time in accordance with Article 12. An extension
of the Contract Time shall be CONTRACTOR's exclusive remedy with
respect to OWNER, ENGINEER and Construction Coordinator for any
delay, disruption, interference or hindrance caused by any separate contractor.
.~
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SC-lO.
SC-ll.
ENGINEER or Construction Coordinator for activities that are their
respective responsibilities.
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Delete paragraph 9.10 of the General Conditions in its entirety and insert the following
in its place:
9.10 ENGINEER will have authority to determine the actual quantities and
classifications of items of Unit Price Work performed by CONTRACTOR,
and the written decisions of ENGINEER on such matters will be fmal,
binding on OWNER and CONTRACTOR and not subject to appeal (except
as modified by ENGINEER to reflect changed factual conditions).
Delete ARTICLE 16.
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPQLATED PRICE
TIllS AGREEMENT is dated as of the 1
day of Aoril in the year~by and
(hereinafter called OWNER) and
hereinafter called CONTRACTOR).
between AU2Usta-Richmond County Commission
A\~- ~.h.kLr ~\.r\xJtV~ Co.
OWNER and CONTRACTOR,'in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally descnoed as follows:
Fleming Tennis Center Improvements
;J
The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
Article 2. ENGINEER.
The Project has been designed by: Johnson, Laschober & Associates, P.C.
1296 Broad Street
Augusta, GA 30901
who is hereinafter called ENGINEER and who is to act as OWNER's representative,. assume all
duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. The Work will be substantially completed on or before . 90 days after notice to proceed,
and completed and ready for final payment in accordance with paragraph 14.13 of the General
Conditions on or before 180 days after notice to proceed.. -
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3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times, specified in paragraph 3.1 above, plus any extensions thereof allowed in,
accordance with Article 12 of the General Conditions. They also recognize the delays, expense
and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered
by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such
proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as
a penalty) CONTRACTOR shall pay OWNER One Hundred dollars
($ 100.00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial
Completion until the Work is substantially complete. After Substantial Completion if
CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the
Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay
OWNER One Hundred dollars ($ 100.00) for each day that expires after
the time specified in paragraph 3. I for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds as follows:
Base Bid
$ 114,500
.~
Add Alternates
Deductive Alternates
$
o
Total Contract Amount
$ 114,500
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided m the General
Conditions.
5.1. Progress Payments. OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR's Applications for Payment as recommended by .
ENGINEER, on or about the -1.S...- day of each month during construction as provided below.
All progress payments will be on the basis of the progress of the Work measured by the
schedule of values established in paragraph 2.9 of the General Conditions (and in the case of
Unit Price Work based on the number of units completed) or, in the event there is no schedule
of values, as provided in the General Requirements. .,. -
5.1.1. Prior to Substantial Completion, progress payMents will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
10 % of Work completed. If Work has been 50% completed as determined by
2
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ENGINEER, and if the character and progress of the Work have been satisfactory
to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain.
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments
to CONTRACTOR to 95 % of the Contract Price, less such amounts as ENGINEER
shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
!!
6.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any -
manner may affect cost, progress, performance or furnishing of the Work.
6.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations, tests,
reports and studies which pertain to the subsurface or physical conditions at or contiguous to
the site or otherwise may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of the' Work at the
Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of paragraph 4.2
of the General Conditions; and no additional examinations, investigations, explorations, tests,
reports, studies or similar information or data are or will be required by CONTRACTOR for
such purposes.
6.3. CONTRACfOR has reviewed and checked all information and data shown or indicated
on the Contract Documents with respect to existing Underground Facilities at or contiguous
to the site and assumes responsibility for the accurate location of said Underground Facilities.
No additional examinations, investigations, explorations, tests, reports, studies or similar
information or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of paragraph 4.3 of the General Conditions.
3
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6.4. CONTRACTOR has correlated the results of all such observations, examinations,~-
investigations, explorations, tests, reports and studies with the terms and conditions of the
Contract Documents.
6.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR
{
(
Article 7. CONTRACf DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 6, inclusive).
7.2. Exhibits to this Agreement
:l
7.3. ~erformance and Payment Bonds
7.4. Notice of Award.
7.5. General Conditions (pages 1 to 28 inclusive) .
7.6. Supplementary Conditions (pages 1 to 4, inclusive).
7.7. Specifications consisting of Divisions 1,2 and 16, as listed in table of contents thereof.
7.8. Drawings, consisting of a cover sheet and sheets numbered CS.l through SLIM
inclusive with each sheet bearing the following general title:
CS.l Cover Sheet
C-O Topographic Survey and Demolition Plan
C-l Layout Plan
C-l.l Alternate No. 1 Court Modification Layout
C-2 Grading and Drainage Plan
C-3 Soil Erosion and Sediment Control Plan
C-4 Miscellaneous Details .,. .
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7.9. Addenda number, inclusive.
7.10. CONTRACTOR's Bid (pages 1 to 7, inclusive).
7.11. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4
and 3.5 of the General Conditions.
. 7.12. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5
of the General Conditions.
Article 8. MISCELLANEOUS.'
8.1. Terms used in this Agreement which are defined in Article I of the General Conditions
will have the meanings indicated in the General Conditions.
Jl
8.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary
in any written consent to an assignment no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
Article 9. OTHER PROVISIONS.
9.1 GEORGIA PROMPT PAY ACT
This agreement is intended by the parties to, and does, supercede any and all provisions
of the Georgia Prompt Pay Act, O.C.G.A.1[ 13-11-1, et seq. In the event any provision
of this Agreement is inconsistent with any provision of the Prompt Pay Act, the
provisions of this Agreement shall control. .~:.
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9.2
CONSENT TO JURISDICTION
All claims, disputes and other matters in question between the OWNER and the
CONTRACTOR arising out of or related 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.
9.3
RET AINAGE
Notwithstanding any provision of the law to the contrary, the parties agree that no
interest shall be due CONTRACTOR on any sum held as retainage pursuant to this
Agreement and CONTRACTOR specifically waives any claim to same.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the
Contract Documents have been signed or identified by OWNER arid CONTRACTOR or by ENGINEER on
their behalf.
This Agreement will be effective on
.~
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OWNER
ctVc?
BY ~~) ~\~~.p'
[CORPORATE SEAL] ,
Attest
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+ Ad~ving notices
Attes
A Gress fo iving notices 1!11
1t~~f:~:/k 3t/1Ob
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g..,. Pt-1~
6:1" ~eBe::>t
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License No. ~~l~44
(If CdNrRACTOR is a corporation, attach evidence
of authority to sign.)
6
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NOTICE OF AWARD
Dated
TO:
(Bidder)
ADDRESS:
PROJECT: Fleming Tennis Center Improvements
ENGINEER'S PROJECT NO
42.802 .-
CONTRACT FOR Construction of proposed improvements of the Flemint: Tennis Center.
Augusta-Richmond County. GA
ii
You are notified that your Bid dated for the above Contract has been considered.
You are the apparent successful bidder and have been awarded a contract for the Base Bid.
The Contract Price of your contract is
Three (3) copies of each of the proposed Contract Documents (including Drawings) accompany this
Notice of Award.
You must comply with the following conditions precedent within fifteen days of the date of this
Notice of Award, that is by .,. .
1. You must deliver to the OWNER three fully executed counterparts of the Agreement including
all the Contract Documents. This includes the triplicate sets of Drawings. Each of the Contract
Documents must bear your signature on the cover of the specifications and every page of the
Drawings.
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2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in .
the Instructions to Bidders (paragraph 16), General Conditions (paragraph 5.1) and
Supplementary Conditions (paragraph SC-4).
General Contractors of America.
3. (List other conditions precedent).
,I
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.
Within ten days after you comply with those conditions, OWNER will return to you one fully signed
counterpart of the Agreement with the Contract Documents attached.
Augusta-Richmond County Commission
(OWNER)
By
(AUTHORIZED SIGNATURE)
Charles J. Johnson, P.E. - Project Engineer
(TITLE)
,f. -
Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested or
Hand Deliver)
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NOTICE TO PROCEED
Dated
TO:
(Contractor)
ADDRESS:
PROJECT: Fleming Tennis Center Improvements
ENGINEER'S PROJECT NO
42.802
CONTRACT FOR Construction of proposed improvements of the Flemine Tennis Center.
Augusta-Richmond County. GA
jJ
You are notified that the Contract Time under the above contract will commence to run on DATE.
By that date, you are to start performing your obligations under the Contract Documents. In
accordance with Article 3 of the Agreement, the dates of Substantial Completion and Final
Completion are 150 Days and 180 Days after this notice to proceed respectively.
Before you may start any Work at the site, paragraph 2.7 of the General Conditions provides that
you must each deliver to the owner (with copies to ~GINEER) certificates of insurance which each
is required to purchase and maintain in accordance with the Contract Documents.
Augusta-Richmond County Commission
(OWNER)
By
.,. ~
(AlITHORIZB,> SIGNATURE)
Charles 1. Johnson, P.E. - Project Engineer
(TITLE)
K:\42802IAOMINlSPECS\ 191 0.23
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APPLICATION FOR PAYMENT NO.
To: Augusta-Richmond County Board of Commissioners
Contract for: Construction of Proposed Improvements to Fleming Tennis Center
ENGINEER's Project No: 42.802
For Work accomplished through the date of
(OWNER)
ITEM CONTRACTOR's Schedule of Values Work Completed
Unit Price Quantity Amount Quantity Amount
$ $ $
Total
(Orig. Contract) $ $
C. O. No.1 -
C.O.No.2
:l
Accompanying Documentation:
GROSS AMOUNT DUE ............................. $
LESS % RETAINAGE................................. $
AMOUNT DUE TO DATE ......................... $
LESS PREVIOUS PAYMENTS .................. $
AMOUNT DUE THIS APPLICA nON ...... $
CONTRAcrOR'S Certification:
The undersigned CONTRACfOR certifies that (1) all previous progress payments received from OWNER on account
of Work done under the Contract referred to above have been applied to discharge in full all obligations of
CONTRAcrOR incurred in connection with Work covered'by prior Applications for Payment numbered 1 through
inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise
listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens,
claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER).
Dated:
Contractor
By:
.f. -
Payment of the above AMOUNT DUE THIS APPLICA nON is recommended.
Dated:
JOHNSON,LASCHOBER & ASSOCIATES, P.C.
Engineer
By:
E.JCOC NO. ,gto.&<
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CHANGE ORDER
No.
PROJECT: Fleming Tennis Center Improvements
OWNER: Augusta-Richmond County Board of CoDllDisslonen
DATE OF ISSUANCE:
CONTRACTOR:
ENGINEER: .Johnson, Lascbober & Associates,
P.c.
{
CONTRACT FOR: Fleming Tennis Center Improvements
ENGINEER's Proiect No. 42.802
You are directed to make the following changes in the Contract Documents.
Description:
Purpose of Change Order:
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE:
Original Contract Price
$
CHANGE IN CONTRACT TIME:
Original Contract Time
:/
Previous Change Orders No.
S
to No.
Net change from previoUs Change Orders
Contract Price prior to this Change Order
$
Contract Time Prior to this Change Order
Net Increase (decrease) of this Change Order
$
Net Increase (decrease) of this Change Order
Contract Price with all approved Change Orders
$
Contract ,Time with all approved Change Orders
RECOMMENDED:
APPROVED:
.,. -
APPROVED:
by
by
by
Contractor
Owner
Engineer
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APPLlCA nON FOR PAYMENT
INSTRUCTIONS
A. GENERAL INFORMA nON
This standard form is intended as a guide only. Many' projects require a much more extensive form with space for"'
numerous items, descriptions of Change Orders, identification ofvariable quantity adjustments, summary of materials
and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer
or Contractor at the time Contractor's Schedule of Values is finalized. Note also that the format for retain age must be
changed if the Agreement permits (or the Law {lI'Ovides}, and Contractor elects, the deposit of securities in lieu of retain
age. Refer to Article 14 of the General Conditions for provisions concerning payments to Contractor.
B. COMPLETING THE FORM
The Schedule ofYalues, submitted and approved as provided in paragraphs 2.6.3 and 2.9 of the General Conditions,
should be copied in the space indicated on the Application For Payment form. Note that the cost of materials and
equipment is often listed separately from the cost of their installation. All Change Orders affecting the Contract Price
should be identified and include such supplemental Schedules of Values as required for 'progress payments.
The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the
required accompanying documentation is usually more extensive for final payment All accompanying documentation
should be identIfied in the space provided on the form. .
C. ENGINEER'S REVIEW
Engineer must review all Applications for Payment with care to avoid recommending any payments not yet earned by
Contractor. All accompanying documet;}tation oflega} nature, such as lien waivers, should be reviewed by an attorney,
and Engineer should so advise Owne'r.
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CHANGE ORDER
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract Price or
Contract Time. Changes that have been initiated by a Work Directive Change must be incorporated into a subsequent-
Change Order if they affect Price or Time.
Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order. The practice of
accumulating change order items to reduce the administrative burden may lead to unnecessary disputes.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time. a Field
Order may be used.
B. COMPLETING THE CHANGE ORDER FORM
Engineer initiates the fonn, including a description of the changes involved and attachments based upon documents and
proposals submitted by Contractor, or requests from Owner, or both. .-
Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval
by Contractor, all copies should be sent to Owner for approval. Engineer should make distnoution of executed copies
after approval by Owner.
If a change only applies to price or to time, cross out the part of the tabulation that does not apply.
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CERTIFICATE OF SUBSTANTIAL COMPLETION
ENGINEER's Project No: 42.802
Project F1eminl! Tennis Center
CONTRACTOR
Contract Date
Contract For
Construction of FIe minI! TennisCenter
AUl!Usta-Richmond County. GA
-
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
"
Storm Drainage, Tennis Court Construction, Tennis Court Resul1'acing, Paving, Field Ughting & Grading, Play
Equipment Installation, Concession Stand Installation, Pavilion installation, Bleacher Installation, Table and Bench
Installation, Community Center Door Installa<<On, and Erosion Control Practices.
To: AUl!Usta-Richmond County Commission
(OWNER)
And To:
(CONTRACTOR)
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially
complete in accordance with the Contract Documents
.t".
90 Days After Notice To Pr~
Date of Substantial Completion
A tentative list of items to be completed or corrected is attached hereto. This list may not be
all-inclusive, and the failure to include an item in it does not alter the responsibility of
CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items
in the tentative list shall be completed or corrected by CONTRACTOR by
K;W2802\AOMINlSPECS\191 0.80
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSffilLITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate: None
This certificate does not constitute an acceptance of Work not in accordance with' the Contract
Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance
with the Contract Documents.
,.
Executed by ENGINEER on
JOHNSON. LASCHOBER & ASSOCIATES. P.C.
By
ENGINEER
CONTRACTOR accepts this Certificate of Substantial Completion on
CONTRAcrOR
By
OWNER accepts this Certificate of Substantial Completion on
.,' .
OWNER
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SECTION 01010 - SUMMARY OF WORK
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 WORK COVERED BY CONTRACT DOCUMENTS
A The Project consists of: Construction of Fleming Tennis Center Improvements.
1. Project Location: Augusta-Richmond County, Georgia.
2. Owner: Augusta-Richmond County Board of Commissioners
Recreation and Parks Department
P.O.Box 5596
Augusta, GA 30916-5596
.~
B. Contract Documents, dated March 3, 1998 were prepared for the Project by:
Johnson, Laschober & Associates, P.C.
1296 Broad Street
Augusta, GA 30901
C. The Work consists of:
Installation of3 new tennis courts, fencing, hitting wall, sidewalks, storm drainage,
existing court resurfacing and other improvements as shown' in the contract
drawings.
D. The Work will be constructed under a single prime contract.
1.3 CONTRACTOR USE OF PREMISES
A General: During the construction period the Contractor shall have full use of the premises
for construction operations, including use of the site. The Contractor's use of the premises
is limited only by the Owner's right to perform work or to retain other contractors on
portions of the Project. .-
SUMMARY OF WORK
01010-1 .
B. Use of the Site: Limit use ofthe premises to work in areas indicated. Confine operations
to areas within contract limits indicated. Do not disturb portions of the site beyond the
areas in which the Work is indicated.
I. Driveways and Entrances: Keep driveways and entrances serving the premises clear
and available to the Owner, the Owner's employees, and emergency vehicles at all
times. Do not use these areas for parking or storage of materials. Schedule
deliveries to minimize space and time requirements for storage of materials and
equipment on-site.
1.4 OCCUPANCY REQUIREMENTS
A. Partial Owner Occupancy: The Owner reserves the right to occupy and to place and
install equipment in completed areas prior to Substantial Completion, provided such
occupancy does not interfere with completion ofthe Work. Such placing of equipment
and partial occupancy shall not constitute acceptance of the total Work. Contractor shall
maintain all insurance coverage for the entire site until such time the Substantial
Completion is issued for ALL the work on the entire site. Partial occupancy does not
relieve the Contractor of this obligation to maintain insurance for the entire pr()ject site.
1. The Engineer will prepare a Certificate of Substantial Completion for each specific
portion of the Work to be occupied prior to Owner occupancy.
2. Prior to partial Owner occupancy, electrical systems shall be fully operational.
Required inspections and tests shall have been successfully completed. Upon
occupancy, the Owner will operate and maintain electrical systems.
3. Upon occupancy, the Owner will assume responsibility for maintenance and
custodial service for occupied portions of the site. .
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
. END OF SECTION 01010
.,. .
SUMMARY OF WORK
01010 - 2
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SECTION 01027 - APPLICATIONS FOR PAYMENT
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division I Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements governmg the
Contractor's Applications for Payment.
B. This Section specifies administrative and procedural requirements governing contractor's
Applications for Payment.
1. Coordinate the Schedule of Values and Applications for Payment with the
Contractor's Construction Schedule, Submittal Schedule. and Lisf of Subcontracts.
1.3 SCHEDULE OF VALVES
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A. Coordination: Coordinate preparation of the Schedule of Values with preparation of the
Contractor's Construction Schedule.
1. Submit the Schedule of Values to the Architect at the earliest possible date but no
later than 7 days before the date scheduled for submittal of the initial Applications
for Payment.
B. Format and Content: Use the Project Manual table of contents as a guide to establish the
format for the Schedule of Values. Provide at least one line item for each Specification
Section. .
1. Identification: Include the following Project identification on the' Schedule of
Values:
a. Project name and location.
b. Name of the Engineer.
c. Project number.
d. Contractor's name and address.
e. Date of submittal.
2. Arrange the Schedule of Values in tabular form with separate columns to indicate
the following for each item listed:'- .
a. Related Specification Section or Division.
b. Description of Work.
c. Name of subcontractor.
d. Name of manufacturer or fabricator.
APPLICATIONS FOR PAYMENT
01027 - 1
e. Name of supplier.
f. Change Orders (numbers) that affect value.
g. Dollar value.
1) Percentage of Contract Sum to nearest one-hundredth percent, adjusted
to total 100 percent.
3. Provide a breakdown of the Contract Sum in sufficient detail to facilitate continued
evaluation of Applications for Payment and progress reports. Coordinate with the
Project Manual table of contents. Break principal subcontract amounts down into
several line items.
4. Round amounts to nearest whole dollar; the total shall equal the Contract Sum.
5. Provide a separate line item in the Schedule of Values for each part of the Work
where Applications for Payment may include materials or equipment, purchased
or fabricated and stored, but not yet installed.
a. Differentiate between items stored on-site and items stored off-site. Include
requirements for insurance and bonded warehousing, if required.
6. Schedule Updating: Update and resubmit the Schedule of Values-prior to the next
Applications for Payment when Change Orders or Construction Change Directives
result in a change in the Contract Sum.
1.4 APPLICATIONS FOR PAYMENT
A. Each Application for Payment shall be consistent with previous applications and
payments as certified by' the Engineer and paid for by the Owner.
1. The initial Application for Payment, the Application for Payment at time of
Substantial Completion, and the fmal Application for Payment involve additional
requirements.
B. Payment-Application Times: The date for each progress payment is the 15th day of each
month. The period covered by each Application for Payment starts on the d3.y following
the end of the preceding period and en~ 15 days prior to the date for each progress
payment.
C. Payment-Application Forms: Use forms provided by the Owner for Applications for
Payment. Sample copies are included at the end of this Section.
D. Application Preparation: Complete every entry on the form. Include notarization and
execution by a person authorized to sign legal documents on behalf of the Contractor.
The Engineer will return incomplete applications ;,yithout action.
1. Entries shall match data on the Schedule of Values and the Contractor'S
Construction Schedule. Use updated schedules if revisions were made.
2. Include amounts of Change Orders and Construction Change Directives issued
APPLICATIONS FOR PAYMENT
01027 - 2
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prior to the last day of the construction period covered by the application.
E. Transmittal: Submit 3 signed and notarized original copies of each Application for
Payment to the Engineer by a method ensuring receipt within 24 hours. One copy shall
be complete, including waivers of lien and similar attachments, when required.
I. Transmit each copy with a transmittal form listing attachments and recording
appropriate information related to the application, in a manner acceptable to the
Engineer.
F. Waivers of Mechanics Lien: With each Application for Payment, submit waivers of
mechanics liens from subcontractors, sub-subcontractors and suppliers for the
construction period covered by the previous application.
I. Submit partial waivers on each item for the amount requested, prior to deduction
for retainage, on each item.
2. When an application shows completion of an item, submit fmal or full waivers.
3. The Owner reserves the right to designate which entities involved in the Work must
submit waivers.
4. Waiver Delays: Submit each Application for Payment with the Contractor's waiver
of mechanics lien for the period of construction covered by the application.
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a. Submit final Applications for Payment with or preceded by final waivers
from every entity involved with performance of the Work covered by the
application who is lawfully entitled to a lien.
5. Waiver Forms: Submit waivers of lien on forms, and executed in a manner,
acceptable to the Owner.
G. Initial Application for Payment: Administrative actions and submittals, that must precede
or coincide with submittal of the first Application for Payment, include the following:
1. List of subcontractors.
2. List of principal suppliers and fabricators.
3. Schedule of Values.
4. Contractor's Construction Schedule (preliminary if not fmal).
5. Schedule of principal products.
6. Schedule of unit prices.
7. Submittal Schedule (preliminary ifnot final).
8. List of Contractor's staff assignments.
9. List of Contractor's principal consultants. ,. .
10. Copies of building permits.
APPLICA TraNS FOR PAYMENT
01027-3 .
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12.
13.
.14.
15.
16.
17.
Copies of authorizations and licenses from governing authorities for performance
of the Work.
Initial progress report.
Report of preconstruction meeting.
Certificates of insurance and insurance policies.
Performance and payment bonds.
Data needed to acquire the Owner's insurance.
Initial settlement survey and damage report, if required.
H. Application for Payment at Substantial Completion: Following issuance of the Certificate
of Substantial Completion, submit an Application for Payment.
1. This application shall reflect Certificates of Partial Substantial Completion issued
previously for Owner occupancy of designated portions of the Work.
2. Administrative actions and submittals that shall precede or coincide with this
application include:
a.
b.
c.
d.
e.
f.
g.
h.
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k.
1.
Occupancy permits and similar approvals.
Warranties (guarantees) and maintenance agreements.
Test/adjustlbalance records. '
Maintenance instructions.
Meter readings.
Startup performance reports.
Changeover information related to Owner's occupancy, use, operation. and
maintenance.
Final cleaning. .'
Application for reduction of retainage and consent of surety.
Advice on shifting insurance coverages.
Final progress photographs. "
List of incomplete Work, recognized as exceptions to Engineer's Certificate
of Substantial Completion.
1. Final Payment Application: Administrative actions and submittals that must precede or
coincide with submittal of the final Application for Payment include the following:
1. Completion of Project closeout req~irements.
2. Completion of items specified for completion after Substantial Completion.
3. Ensure that unsettled claims will be settled.
4. Ensure that incomplete Work is not accepted and will be completed without undue
delay.
5. Transmittal of required Project construction records to the Owner.
6. Certified property survey. ' '
7. Proof that taxes, fees, and similar obligations 'were paid.
8. Removal of temporary facilities and services.
APPLICA nONS FOR PAYMENT
01027 - 4
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9. Removal of surplus materials, rubbish, and similar elements.
10. Change of door locks to Owner's access.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
END OF SECTION 01027
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APPLICATIONS FOR PAYMENT
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SECTION 01030 - ALTERNATES
PART 1- GENERAL
1.1 SUMMARY
A. This Section includes administrative and procedural requirements governing Alternates.
1.2 DEFINITIONS
A. Definition: An alternate is an amount proposed by bidders and stated on the Bid Form
for certain work defmed in the Bidding Requirements that may be added to or deducted
from the Base Bid amount if the Owner decides to accept a corresponding change in
either the amount of construction to be completed, or in the products, materials,
equipment, systems, or installation methods described in the Contract Documents.
1. The cost or credit for each alternate is the net addition to or deduction from the
Contract Sum to incorporate the Alternate into the Work. No other adjustments are
made to the Contract Sum.
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1.3 PROCEDURES
A. Coordination: Modify or adjust affected adjacent Work as necessary to completely and
fully integrate that Work into the Project.
1. Include as part of each alternate, miscellaneous devices, accessory objects~ and
similar items incidental to or required for a complete installation whether or not
mentioned as part of the Alternate.
B.' Notification: Immediately following the award of the Contract, notitY each PartY
involved, in writing, of the status of each a!ternate. Indicate whether alternates have been
accepted, rejected, or deferred for later consideration. Include a complete description of
negotiated modifications to alternates.
C. Execute accepted alternates under the same conditions as other Work of this Contract.
D. Schedule: A "Schedule of Alternates" is included at the end of this Section. Specification
Sections referenced in the Schedule contain requirements for materials necessary to
achieve the Work described under each alternate. .,:-
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ALTERNATES
01030 - 1 .
PART 2 _ PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 SCHEDULE OF ALTERNATES
A. Alternate No. 1: Base bid is fur courts 1-5 to be resurface<\, relined, and all cracks sealed. Add
Alternate is to resurface. reline and seal cracks as well as convert courts 1-5 to a 4-<:ourt layout
as shown on sheet CLI of the contrae! drawings. Net posts on courts 2 and 4 will be relocated
and courts 1,2,4, 5 will receive new nets as per detail 19/C-4.
B. Alternate No.2: Add Alternate is to relocate north and south light posts(2) and associated
hardware on courts 1-5. Refer to Sheet C-I of contract drawings. FiXtures to be re-aimed to
achieve highest average lighting levels uti1izing the existing hardware. Extend existing branch
circuits as necessary, till and compact old holes to existing grade.
C. Alternate No.3: Base Bid is to instal1 new windscreenS on courts 6-8. Add Alternate is to install
new 6' green Gamma DuraSCfeen Wmdscreens Model CDS6 or approved eqU31 on courts 1-5
as well as 6-8 and remove and dispose of old Wmdscreens at the direction of Owner.
Wmdscreens to be centered on all existing 10' fencing.
D. Alternate No.4: Add Alternate is to construe! concrete bleacher pads and install new 5-roW
aluminum bleacher sets as shown on sheet C-1 of contract drawings.
E. Alternate No.5: Base bid is Owner to remove courts 6-10. Contractor shall still fill and grade
area of demolition as shown on plans.. Add Ahernate is to remove and dispose of properly tennis
courts 6-10. concrete walks and slabs, and all associated materials as shown on sheel c.O of the
contract drawings.
END OF SECTION 01030
.f' .
AL TERNA TES
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SECTION 01200 - PROJECT MEETINGS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
. 1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for project meetings,
including, but not limited to, the following:
1. Preconstruction conferences.
2. Pre installation conferences.
3. Progress meetings.
4. Coordination meetings.
1.3 PRECONSTRUCTION CONFERENCE
.~
A. Schedule a preconstruction conference before starting construction, at a time convenient
to the Owner and the Architect, but no later than 15 days after execution of the
Agreement. Hold the conference at the Project Site or another convenient location.
Conduct the meeting to review responsibilities and personnel assignments.
B. Attendees: Authorized representatives of the Owner, Engineer, and their consultants; the
Contractor and its superintendent; major subcontractors; manufacturers; suppliers; and
other concerned parties shall attend the conference. All participants at the conference
shall be familiar with the Project and authorized to conclude matters relating to the Work.
C. Agenda: Discuss items of significance that could affect progress, including the following:
1. Tentative construction schedule.
2. Critical work sequencing.
3. Designation of responsible personnel.
4. Procedures for processing field decisions and Change Orders.
5. Procedures for processing Applications for Payment.
6. Distribution of Contract Documents.
7. Submittal of Shop Drawings, Product Data, and Samples.
8. Preparation of record documents. .'
9. Use of the premises.
10. Parking availability.
11. Office, work, and storage areas.
12. Equipment deliveries and priorities.
13. Safety procedures.
PROJECT MEETINGS
01200 - 1
14. First aid.
15. Security.
16. Housekeeping.
17 . Working hours.
1.4 PREINST ALLA nON CONFERENCES
A. Conduct a preinstallation conference at the Project Site before each construction activity
that requires coordination with other construction.
R Attendees: The Contractor, Sub-ContraCtors and Suppliers involved in or affected by the
installation, and its coordination or integration with other materials and installations that
bave preceded or will follow, shall attend the meeting. Advise the Engineer of scheduled
meeting dates.
\. Review the progress of other construction activities and preparations for the
particular activity under consideration at each preinstallation conference, including
requirements for the following:
a. Contract Documents.
b. Options.
c. Related Change Orders.
d. Purchases.
e. Deliveries.
f. Shop Drawings, Product Data, and quality-control samples.
g. Possible conflicts.
h. Compatibility problems.
1. Time schedules.
J. Weather limitations.
k. Manufacturer's recommendations.
1. Warranty requirements.
m. Compatibility of materials.
n. Acceptability of previously installed material.
o. Tel1lPOrary facilities.
p. Space and access limitations. '
q. Governing regulations.
r. Safety.
s. Inspecting and testing requirements.
1. Required performance results.
u. Recording requirements.
v. Protection.
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2. Record significant discussions and agreements and disagreements of each
conference, and the approved schedule. Promptly distribute the record of the
meeting to everyone concerned, including the Owner and the Engineer.
01200 - 2
PROJECT MEETINGS
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3. Do not proceed with the installation if the conference cannot be successfully
concluded. Initiate whatever actions are necessary to resolve impediments to
performance of Work and reconvene the conference at the earliest feasible date.
1.5 PROGRESS MEETINGS
A. Conduct progress meetings at the Project Site at regular intervals. Notify the Owner and
the Engineer of scheduled meeting dates. Coordinate dates of meetings with preparation
of the payment request.
B. Attendees: In addition to representatives of the Owner and the Engineer, each
subcontractor, supplier, or other entity concerned with current progress or involved in
planning, coordination, or performance of future activities shall be represented at these
meetings. All participants at the conference shall' be familiar with the Project and
authorized to conclude matters relating to the Wode.
C. Agenda: Review and correct or approve minutes of the previous progress meeting.
Review other items of significance that could affect progress. Include topics for
discussion as appropriate to the status of the Project.
1. Contractor's Construction Schedule: Review progress since the last meeting.
Determine where each activity is in relation to the Contractor's Construction
Schedule, whether on time or ahead or behind schedule. Determine how
construction behind schedule will be expedited; secure commitments from parties
involved to do so. Discuss whether schedule revisions are required to insure that
current and subsequent activities will be completed within the Contract Time.
2. Review the present and future needs of each entity present, including the following:
.~
a. Interface requirements.
b. Time.
c. Sequences.
d. Status of submittals.'
e. Deliveries.
f. Access.
g. Site utilization.
h. Temporary facilities and services.
1. Hours of work.
J. Hazards and risks.
k. Housekeeping.
I. Quality and work standards.
m. Change Orders.
n. Documentation of information for pa~ent requests.
PRomCf MEETINGS 01200 - 3
D. Reporting: No later than 3 days after each meeting, distribute minutes of the meeting to
each party present and to parties who should have been present. Include a brief summary,
in narrative form, of progress since the previous meeting and report.
1. Schedule Updating: Revise the Contractor's Construction Schedule after each"
progress meeting where revisions to the schedule have been made or recognized.
Issue the revised schedule concurrently with the report of each meeting.
1.6 COORDINATION MEETINGS
A. Conduct project coordination meetings at regular intervals convenient for all parties
involved. Project coordination meetings are in addition to specific meetings held for
other purposes, such as regular progress meetings and special preinstallation meetings.
B. Request representation at each meeting by every party currently involved in coordination
or planning for the construction activities involved.
C. Record meeting results and distribute copies to everyone in attendance and to others
affected by decisions or actions resulting from each meeting.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
END OF SECTION 01200
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PROJECT MEETINGS
01200 - 4
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SECTION 01300 - SUBMITTALS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including general and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for submittals required
for performance of the Work, including the following:
1. Contractor's construction schedule.
2. Submittal schedule.
3. Daily construction reports.
4. Shop Drawings.
5. Product Data.
6. Quality assurance submittals.
B. Administrative Submittals: Refer to other Division 1 Sections and other Contract
Documents for requirements for administrative submittals. Such submittals include, but
are not limited to, the following:
.~
1. Permits.
2. Applications for Payment.
3. Performance and payment bonds.
4. Insurance certificates.
5. List of subcontractors.
1.3 SUBMITTAL PROCEDURES
A. Coordination: Coordinate preparation and processing of submittals with performance
of construction activities. Transmit each submittal sufficiently in advance of
performance of related construction activities to avoid delay.
1. Coordinate each submittal with other submittals, and related activities that require
sequential activity.
2. Coordinate transmittal of different types of submittals for related elements of the
Work so processing will' not be delayed by the need to review submittals
concurrently for coordination. :: .
a. The Engineer reserves the right to withhold action on a submittal requiring
coordination with other submittals until all related submittals are received.
SUBMITIALS 01300 - 1
3. Processing: To avoid the need to delay installation as a result of the time required
to process submittals, allow sufficient time for submittal review, including time
for resubmittals.
a. Allow 2 weeks for initial review. Allow additional time if the Engineer.-,
must delay processing to permit coordination with subsequent submittals.
b. If an intermediate submittal is necessary, process the same as the initial
submittal.
c. Allow 2 weeks for reprocessing each submittal.
d. No extension of Contract Time will be authorized because of failure to
transmit submittals to the Engineer sufficiently in advance of the Work to
permit processing.
B. Submittal Preparation: Place a permanent label or title block on each submittal for
identification. Indicate the name of the entity that prepared each submittal on the label
or title block.
1. Provide a space approximately 4 by 5 inches (100 by 125 mm) on the label or
beside the title block on Shop Drawings to record the Contractor's review and
approval markings and the action taken.
2. Include the following information on the label for processing and recording action
taken.
a. Project name.
b. Date.
c. Name and address of the Contractor.
d. Name and address of the subcontractor.
e. Name and address of the supplier.
f. Name of the manufacturer.
g. Number and title of appropriate Specification Section.
h. Drawing number and detail references, as appropriate.
C. Submittal Transmittal: Package each submittal.appropriately for transmittal and
handling. Transmit each submittal from the Contractor to the Engineer using a
transmittal form. The Engineer will not accept submittals received from sources other
. than the Contractor. .
1.4 CONTRACTOR'S CONSTRUCTION SCHEDULE
A. Bar-Chart Schedule: Prepare a fully developed, horizontal bar-chart-type, contractor's
construction schedule. Submit within 30 days after the date established for
"Commencement of the Work." .
.,. .
B. Cost Correlation: At the head of the schedule, provide a cost correlation line, indicating
planned and actual costs. On the line, show dollar volume of Work performed as of the
dates used for preparation of payment requests.
C. Distribution: Following response to the initial submittal, print and distribute copies to
the Engineer, Owner, subcontractors, and other parties required to comply with
SUBMITTALS
01300 - 2
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scheduled dates. Post copies in the Project meeting room and temporary field office.
1. When revisions are made, distribute to the same parties and post in the same
locations. Delete parties from distribution when they have completed their
assigned portion of the Work and are no longer involved in construction activities. _.
D. Schedule Updating: Revise the schedule after each meeting, event, or activity where
revisions have been recognized or made. Issue the updated schedule concurrently with
the report of each meeting.
1.5 DAILY CONSTRUCTION REPORTS
A. Prepare a daily construction report recording the following information concerning
events at the site, and submit duplicate copies to the Engineer .at weekly intervals:
1. List of subcontractors at the site.
2. Approximate count of personnel at the site.
3. High and low temperatures, general weather conditions.
4. Accidents and unusual events.
5. Meetings and significant decisions.
6. Stoppages, delays, shortages, and losses.
7. Meter readings and similar recordings.
8. Emergency procedures.
9. Orders and requests of governing authorities.
10. Change Orders received, implemented.
11. Services connected, disconnected.
12. Equipment or system tests and startups.
13. Partial Completions, occupancies.
14. Substantial Completions authorized.
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1.6 SHOP DRAWINGS
A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or
otherwise indicate deviations from the Contract Documents. Do not reproduCe Contract
Documents or copy standard information as the basis of Shop Drawings. Standard
information prepared without specific reference to the Project is not a Sh9P Drawing.
1.7 PRODUCT DATA
A. Collect Product Data into a single submittal for each element of construction or system.
Product Data includes printed information, such as manufacturer's installation
instructions, catalog cuts, roughing-in diagrams and templates, standard wiring
diagrams, and performance curves." .
1.8 QUALITY ASSURANCE SUBMITTALS
A. Submit quality-control submittals, including design data, certifications, manufacturer's
instructions, manufacturer's field reports, and other quality-control submittals as
required under other Sections of the Specifications.
SUBMITTALS
01300 - 3
B. Certifications: Where other Sections of the Specifications require certification that a
product, material, or installation complies with specified requirements, submit a
notarized certification from the manufacturer certifying compliance with specified
requirements.
1. Signature: Certification shall be signed by an officer of the manufacturer or other
individual authorized to sign documents on behalf of the company.
C. Inspection and Test Reports: Submittal of inspection and test reports from independent
testing agencies .
1.9 ENGINEER'S ACTION
A. Except for submittals for the record or information, where action and return is required,
the Engineer will review each submittal, mark to indicate action taken, and return
promptly.
1. Compliance with specified characteristics is the Contractor's responsibility.
B. Action Stamp: ~e Engineer will stamp each submittal with a uniform, action stamp.
The Engineer will mark the stamp appropriately to indicate the action taken,
C. Unsolicited Submittals: The Engineer will return unsolicited submittals to the sender
without action.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
END OF SECTION 01300
.,. -
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01300 - 4
SUBMITI ALS
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SECTION 01400 - QUALITY CONTROL
PART I-GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for quality-control
services.
B. Quality-control services include inspections, tests, and related actions, including reports
-performed by Contractor, by independent agencies, and by governing authorities. They
do not include contract enforcement activities performed by Engineer.
C. Inspection and testing services are required to verify compliance with requirements
specified or indicated. These services do not relieve Contractor of responsibility for
compliance with Contract Document requirements.
D. Requirements of this Section relate to customized fabrication and installation
procedures, not production of standard products. ..'
1. Specific quality-control requirements for individual construction activities are
specified in the Sections that specify thos'e activities. Requirements in those.
Sections may also cover production of standard products.
2. Specified inspections, tests, and related actions do not limit Contractor's quality-
- control procedures that facilitate compliance with Contract Document
requirements.
3. Requirements for Contractor to provide quality-control services required by
Architect, Owner, or authorities having jurisdiction are not limited by provisions
of this Section.
E. Related Sections: The following Sections contain requirements that relate to this
Section:
1. Division 1 Section "Cutting and Patching" specifies requirements for repair and
restoration of construction disturbed by insp~ction and testing activities.
2. Division 1 Section "Submittals" specifies requirements for development of a
schedule of required tests and inspections.
QUALITY CONTROL
01400 - 1
1.3 RESPONSIBILITIES
A. Contractor Responsibilities: Unless otherwise indicated as the responsibility of another
identified entity, Contractor shall provide inspections, tests, and other quality-control
services specified elsewhere in the Contract Documents and required by authorities
having jurisdiction. Costs for these services are included in the Contract Sum.
1. Where individual Sections specifically indicate that certain inspections, tests, and
other quality-control services are the Contractor's responsibility, the Contractor
shall employ and pay a qualified independent testing agency to perform quality-
control services. Costs for these services are included in the Contract Sum.
B. Retesting: The Contractor is responsible for retesting where results of inspections, tests,
or other quality-control services prove unsatisfactory and indicate noncompliance with
Contract Document requirements, regardless of whether the original test was
Contractor's responsibility.
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1. The cost of retesting construction, revised or replaced by the Contractor, is the
Contractor's responsibility where required tests performed on original construction
indicated noncompliance with Contract Document requirements.
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C. Associated Services: Cooperate with agencies performing required inspections, tests,
and similar services, and provide reasonable auxiliary services as requested. Notify the
agency sufficiently in advance of operations to permit assignment of personnel.
Auxiliary services required include, but are not limited to, the following:
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1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections and tests.
3. Take adequate quantities of representative samples of materials that require testing
or assist the agency in taking samples.
4. Provide facilities for storage and curing of test samples.
5. Deliver samples to testing laboratories.
6. _ Provide the agency with a preliminary design mix proposed for use for materials
mixes that require control by the testing agency.
7. Provide security and protection of samples and test equipment at the Project Site.
D. Duties of the Testing Agency: The independent agency engaged to perform inspections,
sampling, and testing of materials and construction specified in individual Sections shall
cooperate with the Engineer and the Contractor in performance of the agency's duties.
The testing agency shall provide qualified personnel to perform required inspections
and tests.
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The agency shall notify the Engineer and the ~ontractor promptly of irregularities
or deficiencies observed in the Work during performance of its services.
The agency is not authorized to release, revoke, alter, or enlarge requirements of
the Contract Documents or approve or accept any portion of the Work.
The agency shall not perform any duties of the ContractOr.
01400 - 2
QUALITY CONTROL
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E. Coordination: Coordinate the sequence of activities to accommodate required services
with a minimum of delay. Coordinate activities to avoid the necessity of removing and
replacing construction to accommodate inspections and tests.
1. The Contractor is responsible for scheduling times for inspections, tests, taking
samples, and similar activities.
1.4 SUBMITI ALS
A. Unless the Contractor is responsible for this service, the independent testing agency shall
submit a certified written report, in duplicate, of each inspection, test, or similar service
to the Engineer. If the Contractor is responsible for the service,. submit a certified
written report, in duplicate, of each inspection, test, or similar service through the
Contractor.
1. Submit additional copies of each written report directly to the governing authority,
when the authority so directs.
2. Report Data: Written reports of each inspection, test, or similar service include,
but are not limited to, the following:
a. Date of issue.
b. Project title and number.
c. Name, address, and telephone number of testing agency.
d. Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
f. Designation of the Work and test method.
g. Identification of product and Specification Section.
h. Complete inspection or test data.
1. Test results and an interpretation of test results.
J. Ambient conditions at the time of sample taking and testing.
k. Comments or professional opinion on whether inspected or tested Work
complies with Contract Document requirements.
1. Name and signature oflaboratory inspector.
m. Recommendations on retesting.
1.5 QUALITY ASSURANCE
A. Qualifications for Service Agencies: Engage inspection and testing service agencies,
including independent testing laboratories, that are prequalified as complying with the
American Council of Independent Laboratories' "Recommended Requirements for
Independent Laboratory Qualification" and that specialize in the types of inspections
and tests to be performed.
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1. Each independent inspection and testing agency engaged on the Project shall be
authorized by authorities having jurisdiction to operate in the state where the
Project is located.
QUALITY CONTROL
01400 - 3
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PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
A. General: Upon completion of inspection, testing, sample taking and similar services,
repair damaged construction and restore substrates and finishes. Comply with Contract
Document requirements for Division 1 Section "Cutting and Patching."
B. Protect construction exposed by or for quality-control service activities, and protect
repaired construction.
C. Repair and protection is Contractor's responsibility, regardless of the assignment of
responsibility for inspection, testing, or similar services.
END OF SECTION 01400
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QUALITY CONTROL
01400 - 4
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SECTION 02070 - SELECTIVE DEMOLITION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Building demolition.
2 Demolition and removal of selected site elements.
. 3 Patching and repairs.
B. Related Sections: The following Sections contain requirements that relate to this
Section:
1. Division 1 Section "Summary of Work" for use of the building and phasing
requirements.
2. Division 1 Section "Cutting and Patching" for cutting and patching procedures for
selective demolition operations.
3. Division 1 Section "Schedules and Reports" for selective demolition schedule
requirements.
4. Division 1 Section "Construction Facilities and Temporary Controls" for
temporary utilities, temporary construction and support facilities, temporary
security and protection facilities, and environmental protection measures for
selective demolition operations.
5. Division 1 Section "Contract Closeout" for record document requirements.
6. Division 2 Section "Building Demolition" for demolition of buildings, structures,
and site improvements.
7. Division 2 Section "Selective Demolition for Interiors" for partial demolition of
the interior of a building undergoing alterations and for the removal, salvage, or
reuse of materials in new construction.
8. Division 2 Section "Tree Protection and Trimming" for protecting trees remaining
on-site.
9. Division 2 Section "Site Clearing" for site '~l~aring and removing above- and
below-grade improvements.
10. Division 2 Section "Earthwork" for soil materials, excavating, backfilling, and site
grading.
11. Division 6 Section "Rough Carpentry" for material and construction requirements
for temporary enclosures.
SELECTIVE DEMOLITION
02070 -1
12. Division 9 Section "Gypsum Board Assemblies" for material and construction
requirements for temporary enclosures.
13. Division 15 Sections for cutting, patching, or relocating mechanical items.
14. Division 16 Sections for cutting, patching, or relocating electrical items.
1.3 DEFINITIONS
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A. Remove: Remove and legally dispose of items except those indicated to be reinstalled,
salvaged, or to remain the Owner's property.
B. Remove and Salvage: Items indicated to be removed and salvaged remain the Owner's
property. Remove, clean, and pack or crate items to protect against damage. Identify
contents of containers and deliver to Owner's designated storage area.
C. Remove and Reinstall: Remove items indicated; clean, service, and otherwise prepare
them for reuse; store and protect against damage. Reinstall items in the same locations
or in locations indicated.
;.
D. Existing to Remain: Protect construction indicated to remain against damage and soiling
during selective demolition. When permitted by the Engineer, items may be removed
to a suitable, protected storage location during selective demolition and then cleaned and
reinstalled in their original locations.
1.4 MATERIALS OWNERSHIP
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A. Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise
indicated to remain the Owner's property, demolished materials shall become the
Contractor's property and shall be removed from the site with further disposition at the
Contractor's option.
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B. Historical items indicated remain the Owner's property. Carefully remove and salvage
each item in a manner to prevent damage and deliver promptly to the Owner.
C. Historical items, relics, and similar objects including, but not limited to, cornerstones
and their contents, commemorative plaques and tablets, antiques, and other items of
interest or value to the Owner. which may be encountered during selective demolition,
remain the Owner's property. Carefully remove and salvage each item or object in a
manner to prevent damage and deliver promptly to the Owner.
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1. Cooperate with Owner's archaeologist or historical adviser.
1.5 SUBMITTALS
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A. General: Submit each item in this Article according to the Conditions of the Contract
and Division 1 Specification Sections, for information only, unless otherwise indicated.
02070 -2
SELECTIVE DEMOLITION
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B. Proposed dust-control measures.
C. Proposed noise-control measures.
D. Schedule of selective demolition activities indicating the following:
1. Detailed sequence of selective demolition and removal work, with starting and
ending dates for each activity.
2. Interruption of utility services.
3. Coordination for shutoff, capping, and continuation of utility services.
4. Use of elevator and stairs.
5. Detailed sequence of selective demolition and removal work to ensure
uninterrupted progress of Owner's on-site operations.
6. Coordination of Owner's continuing occupancy of portions of existing building and
of Owner's partial occupancy of completed Work.
7. Locations of temporary partitions and means of egress.
E. . Inventory of items to be removed and salvaged.
F. Inventory of items to be removed by Owner.
G. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining
construction and site improvements that might be misconstrued as damage caused by
selective demolition operations.
H. Record drawings at Project closeout according to Division 1 Section "Contract
Closeout. "
1. Identify and accurately locate capped utilities and other subsurface structural,
electrical, or mechanical conditions.
I. Landfill records indicating receipt and acceptance of hazardous wastes by a landfill
facility licensed to. accept hazardous wastes.
1.6 QUALITY ASSURANCE
A. Demolition Firm Qualifications: Engage an experienced firm that has successfully
completed selective demolition .Work similar to that indicated for this Project.
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B. Regulatory Requirements: Comply with governing EP A notification regulations before
starting selective demolition. Comply with hauling and disposal regulations of
authorities having jurisdiction.
C. Predemolition Conference: Conduct conference at Project site to comply with
preinstallation conference requirements of Division 1 Section "Project Meetings."
SELECTIVE DEMOLmON
02070 -3
1.7 PROJECT CONDITIONS
A. Owner will occupy portions of the building immediately adjacent to selective demolition
area. Conduct selective demolition so that Owner's operations will not be disrupted.
Provide not less than 72 hours' notice to Owner of activities that will affect Owner's
operations.
B. Owner assumes no responsibility for actual condition of buildings to be selectively
demolished.
1. Conditions existing at time of inspection for bidding purpose will be maintained
by Owner as far as practical.
c. Asbestos: It is not expected that asbestos will be encountered in the Work. If any
materials suspected of containing asbestos are encountered, do not disturb the materials.
Immediately notify the Architect and the Owner.
, 1. Asbestos will be removed by Owrierbefore start of Work.
D. Storage or sale of removed items or materials on-site will not be permitted.
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1.8 SCHEDULING
A. Arrange selective demolition schedule so as not to interfere with Owner's on-site
operations.
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1.9 wARRANTY
A. Existing Special Warranty: Remove, replace, patch, and repair materials and surfaces
cut or damaged during selective demolition, by methods and with materials so as not to
void existing warranties.
PART 2 - PRODUCTS (Not Applicable)
2.1 REPAIR MA TERlALS
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A. Use repair materials identical to existing materials.n
1. Where identical materials are unavailable or cannot be used for exposed surfaces,
use materials that visually match existing adjacent surfaces to the fullest extent
possible.
2. Use materials whose installed performance equals or surpasses that of existing
02070 -4
SELECTIVE DEMOLITION
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materials.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify that utilities have been disconnected and capped.
B. Swvey existing conditions and correlate with requirements indicated to determine extent
of selective demolition required.
C. Inventory and record the condition of items to be removed and reinstalled and items to
be removed and salvaged.
D. When unanticipated mechanical, electrical, or structural elements that conflict with the
intended function or design are encountered, investigate and measure the nature and
extent of the conflict. Promptly submit a written report to the Engineer.
E. 'Swvey the condition of the building to determine whether removing any element might
result in structural deficiency or unplanned collapse of any portion of the structure or
adjacent structures during selective demolition.
F. Perform surveys as the Work progresses to detect hazards resulting from selective
demolition activities.
3.2 UTILITY SERVICES
A. Maintain existing utilities indicated to remain in service and protect them against damage
during selective demolition operations.
1. - Do not interrupt existing utilities serving occupied or operating facilities, except
when authorized in writing by Owner and authorities having jurisdiction. Provide
temporary services during interruptions to existing utilities, as acceptable to
Owner and to governing authorities.
a. Provide not less than 72 hours' notice to Owner if shutdown of service is
required during changeover.
B. Utility Requirements: Locate, identify, disconnect, and seal or cap off indicated utility
services serving building to be selectively demolis~ed.
1. Owner will arrange to shut off indicated utilities when requested by Contractor.
2. Arrange to shut off indicated utilities with utility companies.
3. Where utility services are required to be removed, relocated, or abandoned,
provide bypass connections to maintain continuity of service to other parts of the
building before proceeding with selective demolition.
4. Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug
SELECTIVE DEMOLmON
02070 -5
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and seal the remaining portion of pipe or conduit after bypassing.
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C. Utility Requirements: Refer to Division 15 and 16 Sections for shutting off,
disconnecting, removing, and sealing or capping utility services. Do not start selective
demolition work until utility disconnecting and sealing have been completed and verified
in writing.
3.3 PREPARATION
A. Drain, purge, or otherwise remove, collect, and dispose of chemicals, gases, explosives,
acids, flammables, or other dangerous materials before proceeding with selective
demolition operations.
Conduct demolition operations and remove debris to ensure minimum interference with
roads, streets, walks, and other adjacent occupied and used facilities.
1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities
without permission from Owner and authorities having jurisdiction. Provide
alternate routes around closed or obstructed traffic ways if required by governing
regulations.
Conduct demolition operations to prevent injury to people and damage to adjacent
buildings and facilities to remain. Ensure safe passage of people around selective
demolition area.
1. Erect temporary protection, such as walks, fences, railings, canopies, and covered
passageways, where required by authorities having jurisdiction.
2. Protect existing site improvements, appurtenances, and landscaping to remain.
3. Erect a plainly visible fence around drip line of individual trees or around
perimeter drip line of groups of trees to remain.
4. _ Provide temporary weather protection, during interval between demolition and
removal of existing construction, on exterior surfaces and new construction to
ensure that no water leakage or damage occurs to structure or interior areas.
5. Protect walls, ceilings, floors, and other existing finish work that are to remain and
are exposed during selective demolition operations.
6. Cover and protect furniture, furnishings, and equipment that have not been
removed.
3.4 POLLUTION CONTROLS
A. Use water mist, temporary enclosures, and other suitable methods to limit the spread of
dust and dirt. Comply with governing environmental protection regulations.
1. Do not use water when it may damage existing construction or create hazardous
or objectionable conditions, such as ice, flooding, and pollution.
SELECTIVE DEMOLmON
02070 -6
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B. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces
and areas.
C. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective
demolition operations. Return adjacent areas to condition existing before start of
selective demolition.
3.5 SELECTIVE DEMOLITION
A. Demolish and remove existing construction only to the extent required by new
construction and as indicated. Use methods required to complete Work within
limitations of governing regulations and as follows:
1. Proceed with selective demolition systematically, from higher to lower level.
Complete selective demolition work above each floor or tier before disturbing
supporting members on lower levels.
2. Neatly cut openings and holes plumb, square, and true to dimensions required.
Use cutting methods least likely to damage construction to remain or adjoining
construction. To minimize disturbance of adjacent surfaces, use hand or small
power tools designed for sawing or grinding, not hammering and chopping.
Temporarily cover openings to remain.
3. Cut or drill from the exposed or finished side into concealed surfaces to avoid
marring existing finished surfaces.
4. Do not use cutting torches until work area is cleared of flammable materials. At
concealed spaces, such as duct and pipe interiors, verify condition and contents of
hidden space before starting flame-cutting operations. Maintain portable fire-
suppression devices during flame-cutting operations.
5. Maintain adequate ventilation when using cutting torches.
6. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials
and promptly dispose of off-site.
7. - Remove structural framing members and lower to ground by method suitable to
avoid free fall and to prevent ground impact or dust generation.
8. Locate selective demolition equipment throughout the structure and remove debris
and materials so as not to impose excessive loads on supporting walls, floors, or
framing.
9. Dispose of demolished items and materials promptly. On-site storage or sale of
removed items is prohibited.
10. Return elements of construction and surfaces to remain to condition existing before
start of selective demolition operations.
B. Demolish concrete and masonry in small sections. Cut concrete and masonry at
junctures with construction to remain, using power-driven masonry saw or hand tools;
do not use power-driven impact tools.
c. Break up and remove concrete slabs on grade, unless otherwise shown to remain.
D. Remove resilient floor coverings and adhesive according to recommendations of the
SELECTIVE DEMOLITION
02070 -7
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Resilient Floor Covering Institute's (RFCI) "Recommended Work Practices for the
Removal of Resilient Floor Coverings" and Addendum.
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1. Remove residual adhesive and prepare substrate for new floor coverings by one
of the methods recommended by RFCI.
E. Remove no more existing roofing than can be covered in one day by new roofing. See
applicable Division 7 Section for new roofing requirements.
F. Remove air-conditioning equipment without releasing refrigerants.
3.6 PATCHING AND REPAIRS
A. Promptly patch and repair holes and damaged surfaces caused to adjacent construction
by selective demolition operations.
B. Patching is specified in Division 1 Section "Cutting and Patching."
C. Where repairs to existing surfaces are required, patch to produce surfaces suitable for
new materials.
1. Completely fill holes and depressions in existing masonry walls to remain with an
approved masonry patching material, applied according to manufacturer's printed
recommendations.
D. Restore exposed finishes of patched areas and extend finish restoration into adjoining
construction to remain in a manner that eliminates evidence of patching and refinishing.
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02070 -8
SELECTIVE DEMOLmON
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3.7 DISPOSAL OF DEMOLISHED MATERIALS
A. General: Promptly dispose of demolished materials. Do not allow demolished materials
to accumulate on-site.
B. Burning: Do not burn demolished materials.
C. Disposal: Transport demolished materials off Owner's property and legally dispose of
them.
END OF SECTION 02070
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02070 -9
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SECTION 02200 - EARTHWORK
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division I Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Preparing and grading sub grades for slabs-on-grade, walks, pavements, and
landscaping.
2. Excavating and backfilling for buildings and structures.
J. Subbase course for walks and pavements.
4. Subsurface drainage backfill trenches.
5. Excavating and backfilling for underground mechanical and electrical utilities and
appurtenances.
1.3 DEFINITIONS
A. Excavation consists of the removal of material encountered to sub grade elevations and
the reuse or disposal of materials removed.
B. Subgrade: The uppermost surface of an excavation or the top surface of a fill or backfill
immediately below subbase, drainage fill, or topsoil materials.
c. Borrow: Soil material obtained off-site when sufficient approved soil material is not
available from excavations.
D. Subbase Course: The layer placed between the subgrade and base course in a paving
system or the layer placed between the sub grade and surface of a pavement or walk.
E. Base Course: The layer placed between the subbase and surface pavement in a paving
system.
F. Drainage Fill: Course of washed granular material placed to cut off water and used to
backfill "frenchdrains".
G. Unauthorized excavation consists of removing materials beyond indicated sub grade
elevations or dimensions without direction by the Engineer. Unauthorized excavation,
as well as remedial work directed by the Engineer, shall be at the Contractor's expense.
EARTHWORK
02200 - 1
H. Structures: Buildings, footings, foundations, retammg walls, slabs, tanks, curbs,
mechanical and electrical appurtenances, or other man-made stationary features
constructed above or below ground surface.
1. Utilities include on-site underground pipes, conduits, ducts, and cables, as well as
underground services within building lines.
1.4 SUBMITTALS
A. General: Submit the following according to the Conditions of the Contract and Division
1 Specification Sections.
B. Product data for the following:
1. Each type of plastic warning tape.
2. Filter fabric.
J. Geo-Textiles for swale stabilization
C. Test Reports: In addition to test reports required under field quality control, submit the
following:
1. Laboratory analysis of each soil material proposed for fill and backfill from on-site
and borrow sources.
2. One optimum moisture-maximum density curve for each soil material.
1.5 QUALITY ASSURANCE
A. Codes and Standards: Perform earthwork complying with requirements of authorities
having jurisdiction.
B. Testing and Inspection Service: Contractor will employ a qualified independent
geotechnical engineering testing agency to classify proposed on-site and borrow soils to
verify that soils comply with specified requirements and to perform required field and
laboratory testing. Cost of these services will be paid by the Contractor.
C. Preinstallation Conference: Conduct conference at Project site.
1. Before commencing earthwork, meet with representatives of the governing
authorities, Owner, Engineer, and other concerned entities. Review earthwork
procedures and responsibilities including testing and inspection procedures and
requirements. Notify participants at least 3 working days prior to convening
conference. Record discussions and agreements and furnish a copy to each
participant.
EARTHWORK 02200 - 2
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1.6 PROJECT CONDITIONS
A. Existing Utilities: Do not interrupt existing utilities serving facilities occupied by the
Owner or others except when permitted in writing by the Engineer and then only after
acceptable temporary utility services have been provided.
1. Provide a minimum 48-hours' notice to the Engineer and receive written notice to
proceed before interrupting any utility.
B. Demolish and completely remove from site existing underground utilities indicated to be
removed. Coordinate with utility companies to shutoff services if lines are active.
PART 2 - PRODUCTS
2.1 SOIL MATERIALS
A. General: Provide approved borrow soil materials from off-site when sufficient approved
soil materials are not available from excavations.
B. Satisfactory Soil Materials: ASTM D 2487 soil classification groups GW, GP, GM, SW,'
SP, and SM; free of rock or gravel larger than 2 inches in any dimension, debris, waste,
frozen materials, vegetation and other deleterious matter.
C. Unsatisfactory Soil Materials: ASTM D 2487 soil classification groups GC, SC, ML,
MH, CL, CR, OL, OR, and PT.
D. Backfill and Fill Materials: Satisfactory soil materials.
E. Subbase and Base Material: Naturally or artificially graded mixture of natural or crushed
gravel, crushed stone, and natural or crushed sand, ASTM D 2940, with at least 95
percent passing a 1-l/2-inch sieve and not more than 8 percent passing a No. 200 sieve
(Georgia DOT specification for Graded Aggregate Base).
F. Engineered Fill: Subbase or base materials.
G. Bedding Material: Subbase or base materials with 100 percent passing a I-inch sieve and
not more than 8 percent passing a No. 200 sieve.
H. Drainage Fill: Washed, evenly graded mixture of crushed stone, or crushed or uncrushed
gravel, ASTM D 448, coarse aggregate grading size 57, with 100 percent passing a
l-II2-inch sieve and not more than 5 percent passing a No.8 sieve.
1. Impervious Fill: Clayey sand mixture capable of compacting to a dense impervious state.
EARTHWORK
02200 - 3
2.2 ACCESSORIES
A. Detectable Warning Tape: Acid- and alkali-resistant polyethylene film warning tape
manufactured for marking and identifying underground utilities, 6 inches wide and 4 mils
thick minimum, continuously inscribed with a description of the utility, with metallic core
encased in a protective jacket for corrosion protection, detectable by metal detector when
tape is buried up to 2'-6" deep.
1. Tape Colors: Provide tape colors to utilities as follows:
a. Red: Electric.
b. Yellow: Gas, oil, steam, and dangerous materials.
c. Orange: Telephone and other communications.
d. Blue: Water systems.
e. Green: Sewer systems.
B. Filter Fabric: Manufacturer's standard nonwoven pervious geotextile fabric of
polypropylene, nylon or polyester fibers, or a combination.
1. Provide filter fabrics that meet or exceed the listed minimum physical properties
determined according to ASTM D 4759 and the referenced standard test method in
parentheses:
a. Grab Tensile Strength (ASTM D 4632): 100 lb.
b. Apparent Opening Size (ASTM D 4751): #100 U.S. Standard sieve.
c. Permeability (ASTM D 4491): 150 gallons per minute per sq. ft.
!;
PART 3 - EXECUTION
3.1 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused
by settlement, lateral movement, undermining, washout, and other hazards created by
earthwork operations.
B. Provide erosion control measures to prevent erosion or displacement of soils and
discharge of soil-bearing water runoff or airborne dust to adjacent properties and
walkways.
C. Tree protection is specified in the Division 2 Section "Site Clearing."
3.2 DEWATERING
A. Prevent surface water and subsurface or ground water from entering excavations, from
02200 - 4
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ponding on prepared subgrades, and from flooding Project site and surrounding area.
B. Protect subgrade soils from softening and damage by rain or water accumulation.
3.3 EXCAVATION
A. Explosives: Do not use explosives.
B. Unclassified Excavation: Excavation is unclassified and includes excavation to required
subgrade elevations regardless of the character of materials and obstructions encountered.
3.4 STABILITY OF EXCAVATIONS
A. Comply with local codes, ordinances, and requirements of authorities having jurisdiction
to maintain stable excavations.
3.5 EXCAVATION FOR WALKS AND PAVEMENTS
A. Excavate surfaces under walks and pavements to indicated cross sections, elevations, and
grades.
3.6 EXCAVATION FOR UTILITY TRENCHES
A. Excavate trenches to indicated slopes, lines, depths, and invert elevations.
1. Beyond building perimeter, excavate trenches to allow installation of top of pipe
below frost line.
B. Excavate trenches to uniform widths to provide a working clearance on each side of pipe
or conduit. Excavate trench walls vertically from trench bottom to 12 inches higher than
top of pipe or conduit, unless otherwise indicated.
1. Clearance: 12 inches each side of pipe or conduit.
C. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and
support of pipes and conduit. Shape subgrade to provide continuous support for bells,
joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove stones
and sharp objects to avoid point loading.
1. For pipes or conduit less than 6 inches in nominal diameter and flat-bottomed,
multiple-duct conduit units, hand-excavate trench bottoms and support pipe and
conduit on an undisturbed subgrade.
2. For pipes and conduit 6 inches or larger in nominal diameter, shape bottom of
EARTHWORK 02200 - 5
trench to support bottom 90 degrees of pipe circumference. Fill depressions with
tamped sand backfill.
3.7 APPROVAL OF SUBGRADE
A. Notify Engineer when excavations have reached required subgrade.
B. When Engineer determines that unforeseen unsatisfactory soil is present, continue
excavation and replace with compacted backfill or fill material as directed.
1. Unforeseen additional excavation and replacement material will be paid according
to the Contract provisions for changes in Work.
C. Reconstruct sub grades damaged by freezing temperatures, frost, rain, accumulated water,
or construction activities, as directed by the Engineer.
3.8 UNAUTHORIZED EXCAVATION
A. Fill unauthorized excavation under foundations or wall footings by extending indicated
bottom elevation of concrete foundation or footing to excavation bottom, without altering
required top elevation. Lean concrete fill may be used to bring elevations to proper
position when acceptable to the Engineer.
1. Fill unauthorized excavations under other construction as directed by the Engineer.
B. Where indicated widths of utility trenches are exceeded, provide stronger pipe, or special
installation procedures, as required by the Engineer.
3.9 STORAGE OF SOIL MATERIALS
A. Stockpile excavated materials acceptable for backfill and fill soil materials, including
acceptable borrow materials. Stockpile soil materials without intermixing. Place, grade,
and shape stockpiles to drain surface water.
1. Stockpile soil materials away from edge of excavations. Do not store within drip
line of remaining trees.
3. 1 OBACKFILL
A. Backfill excavations promptly, but not before completing the following:
1. Surveying locations of underground utilities for record documents.
2. Testing, inspecting, and approval of underground utilities.
3. Concrete formwork removal.
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4. Removal of trash and debris from excavation.
5. Removal of temporary shoring and bracing, and sheeting.
3.11 UTILITY TRENCH BACKFILL
A. Place and compact bedding course on rock and other unyielding bearing surfaces and to
fill unauthorized excavations. Shape bedding course to provide continuous support for
bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits.
B. Place and compact initial backfill of satisfactory soil material or subbase material, free
of particles larger than 1 inch, to a height of 12 inches over the utility pipe or conduit.
1. Carefully compact material under pipe haunches and bring backfill evenly up on
both sides and along the full length of utility piping or conduit to avoid damage or
displacement of utility system.
C. Coordinate backfilling with utilities testing.
D. Place and compact final backfill of satisfactory soil material to final subgrade.
E. Install warning tape directly above utilities, 12 inches below finished grade, except 6
inches below sub grade under pavements and slabs.
3. 12SUBSURFACE DRAINAGE BACKFILL
A. Subsurface Drain: Place a layer of filter fabric around perimeter of drainage trench, as
indicated. Place a 6-inch compacted course of filtering material on filter fabric to support
drainage pipe. After installing and testing, encase drainage pipe to the finished grade of
compacted filtering material and wrap in filter fabric, overlapping edges at least 6 inches.
B. Drainage Backfill: Place and. compact drainage backfill of filtering material over
subsurface drain, in width indicated, to final grade. Overlay drainage backfill with one
layer of filter fabric, overlapping edges at least 6 inches.
3. 13 FILL
A. Preparation: Remove vegetation, topsoil, debris, wet, and unsatisfactory soil materials,
obstructions, and deleterious materials from ground surface prior to placing fills.
1. Plow strip, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill
material will bond with existing surface.
B. When subgrade or existing ground surface to receive fill has a density less than that
required for fill, break up ground surface to depth required, pulverize, moisture-condition
or aerate soil and recompact to required density.
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02200 - 7
C. Place fill material in layers to required elevations for each location listed below.
I. Under grass, use satisfactory excavated or borrow soil material.
2. Under walks and pavements, use subbase or base material, or satisfactory excavated
or borrow soil material.
3. 14MOISTURE CONTROL
A. Uniformly moisten or aerate sub grade and each subsequent fill or backfill layer before
compaction to within 2 percent of optimum moisture content.
1. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain
frost or ice.
2. Remove and replace, or scarify and air-dry satisfactory soil material that is too wet
to compact to specified density.
a. Stockpile or spread and dry removed wet satisfactory soil material.
3. I 5 COMPACTION
A. Place backfill and fill materials in layers not more than 8 inches in loose depth for
material compacted by heavy compaction equipment, and not more than 4 inches in loose
depth for material compacted by hand-operated tampers.
B. Place backfill and fill materials evenly on all sides of structures to required elevations.
Place backfill and fill uniformly along the full length of each structure.
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C. Percentage of MaximUffi Dry Density Requirements: Compact soil to not less than the
following percentages of maximum dry density according to ASTM D 1557:
1. Under pavements, compact the top 12 inches below sub grade and each layer of
backfill or fill material at 95 percent maximum dry density.
2. Under walkways, compact the top 6 inches below sub grade and each layer of
backfill or fill material at 95 percent maximum dry density.
3. Under lawn or unpaved areas, compact the top 6 inches below sub grade and each
layer of backfill or fill material at 90 percent maximum dry density.
3.1 6 GRADING
A. General: Uniformly grade areas to a smooth surface, free from irregular surface changes.
Comply with compaction requirements and grade to cross sections, lines, and elevations
indicated.
1. Provide a smooth transition between existing adjacent grades and new grades.
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2. Cut out soft spots, fill low spots, and trim high spots to conform to required surface
tolerances.
B. Site Grading: Slope grades to prevent ponding. Finish subgrades to required elevations
within the following tolerances:
1. Lawn or Unpaved Areas: Plus or minus 0.10 foot.
2. Walks: Plus or minus 0.10 foot.
3. Pavements: Plus or minus 1/2 inch.
3.17SUBBASE AND BASE COURSES
A. Under pavements and walks, place subbase course material on prepared subgrades. Place
base course material over subbases to pavements.
1. Compact subbase and base courses at optimum moisture content to required grades,
lines, cross sections and thickness to not less than 95 percent of Modified Proctor
. 2. Shape subbase and base to required crown elevations and cross-slope grades.
3. When thickness of compacted subbase or base course is 6 inches or less, place
materials in a single layer.
4. When thickness of compacted subbase or base course exceeds 6 inches, place
materials in equal layers, with no layer more than 6 inches thick or less than 3
inches thick when compacted.
B. Pavement Shoulders: Place shoulders along edges of subbase and base course to prevent
lateral movement. Construct shoulders at least 12 inches wide of acceptable soil materials
and compact simultaneously with each subbase and base layer.
3. 18FIELD QUALITY CONTROL
A. Testing Agency Services: Allow testing agency to inspect and test each subgrade and
each fill or backfill layer. Do not proceed until test results for previously completed work
verify compliance with requirements.
1. Perform field in-place density tests according to ASTM D 1556 (sand cone
method), ASTM D 2167 (rubber balloon method), or ASTM D 2937 (drive cylinder
method), as applicable.
a.
Field in-place density tests may also be performed by the nuclear method
according to ASTM D 2922, provided that calibration curves are periodically
checked and adjusted to correlate to tests performed using ASTM D 1556.
With each density calibration check, check the calibration curves furnished
with the moisture gages according to ASTM D 3017.
When field in-place density tests are performed using nuclear methods, make
calibration checks of both density and moisture gages at beginning of work,
b.
EARTHWORK
02200 - 9
on each different type of material encountered, and at intervals as directed by
the Engineer.
2. Paved Areas: At sub grade and at each compacted fill and backfill layer, perform
at least one field in-place density test for every 2,000 sq. ft. or less of paved area or,
but in no case fewer than three tests.
3. Trench Backfill: In each compacted initial and final backfill layer, perform at least
one field in-place density test for each 150 feet or less of trench, but no fewer than
two tests.
B. When testing agency reports that subgrades, fills, or backfills are below specified density,
scarify and moisten or aerate, or remove and replace soil to the depth required, recompact
and retest until required density is obtained.
3. 19PROTECTION
A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion.
Keep free of trash and debris.
B. Repair and re-establish grades to specified tolerances where completed or partially
completed surfaces become eroded, rutted, settled, or lose compaction due to subsequent
construction operations or weather conditions.
1. Scarify or remove and replace material to depth directed by the Engineer; reshape
and recompact at optimum moisture content to the required density.
,:
C. Settling: Where settling occurs during the Project correction period, remove finished
surfacing, backfill with additional approved material, compact, and reconstruct surfacing.
1. Restore appearance, quality, and condition of finished surfacing to match adjacent
_ work, and eliminate evidence of restoration to the greatest extent possible.
3.20DISPOSAL OF SURPLUS AND WASTE MATERIALS
A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory
soil, trash, and debris, and legally dispose of it offthe Owner's property.
B. Disposal: Transport surplus satisfactory soil to designated storage areas on the Owner's
property. Stockpile or spread soil as directed by Engineer.
1. Remove waste material, including unsatisfactory soil, trash, and debris, and legally
dispose of it off the Owner's property.
END OF SECTION 02200
02200-10
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SECfION 02510 - HOT-MIX ASPHALT PAVING
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
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1. Hot-mix asphalt paving.
2. Pavement-marking paint.
1.3 SYSTEM DESCRIPTION
A. Provide hot-mix asphalt pavement according to the materials, workmanship, and other
applicable requirements of the standard specifications of the state or of authorities
having jurisdiction.
1. Standard Specification: Georgia Department of Transportation.
2. Measurement and payment provisions and safety program submittals included in
standard specifications do not apply to this Section.
1.4 SUBMIIT ALS
A. Product Data: For each product specified. Include technical data and tested physical and
performance properties.
B. lob-Mix Designs: For each job mix proposed for the Work.
C. Material Test Reports: Indicate and interpret test results for compliance of materials
with requirements indicated.
D. Material Certificates: Certificates signed by manufacturers certifying that each material
complies with requirements.
1.5 QUALITY ASSURANCE
A. Installer Qualifications: Engage an experienced inStaller who has completed hot-mix
asphalt paving similar in material, design, and extent to that indicated for this Project
and with a record of successful in-service performance.
HOT-MIX ASPHALT PAVING
02510 - 1
B. Preinstallation Conference: Conduct conference at Project site to comply with
requirements of Division 1 Section "Project Meetings" Review methods and procedures
related to asphalt paving including, but not limited to, the following:
.
1. Review proposed sources of paving materials, including capabilities and location
of plant that will manufacture hot-mix asphalt.
2. Review condition of substrate and preparatory work performed by other trades.
3. Review requirements for protecting paving work, including restriction of traffic
during installation period and for remainder of construction period.
4. Review and finalize construction schedule for paving and related work. Verify
availability of materials, paving Installer's personnel, and equipment required to
execute the Work without delays.
5. Review inspection and testing requirements, governing regulations, and proposed
installation procedures.
6. Review forecasted weather conditions and procedures for coping with unfavorable
conditions.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Deliver pavement-marking materials to Project site in original packages with seals
unbroken and bearing manufacturer's labels containing brand name and type of material,
date of manufacture, and directions for storage.
B. Store pavement-marking materials in a clean. dry. protected location and within
temperature range required by manufacturer. Protect stored materials from direct
sunlight.
1.7 PROJECT CONDITIONS
A. Environmental Limitations: Do not apply asphalt materials if substrate is wet or
excessively damp or if the following conditions are not met:
1. prime and Tack Coats: Minimum surface temperature of60 deg F (15.5 deg C).
2. Asphalt Base Course: Minimum surface temperature of 40 deg F (4 deg C) and
rising at time of placement.
3. Asphalt Surface Course: Minimum surface temperature of60 deg F (15.5 deg C)
at time of placement.
B. Pavement-Marking Paint: Proceed with pavement marking only on clean, dry surfaces
and at a minimum ambient or surface temperature of 40 <leg F (4 deg C) for oil-based
materials, 50 deg F (10 deg C) for water-based materials, and not exceeding 95 deg F
(35 deg C).
02510 - 2
HOT -MIX ASPHALT P A VlNG
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PART 2 - PRODUCTS
2.1 AGGREGATES
A. General: Use materials and gradations that have performed satisfactorily in previous
installations.
B. Coarse Aggregate: Sound; angular crushed stone; crushed gravel; or properly cured,
crushed blast-furnace slag; complying with ASTM D 692.
C. Fine Aggregate: Sharp-edged natural sand or sand prepared from stone; gravel, properly
cured blast-furnace slag, or combinations thereof; complying with ASTM D 1073.
.
1. For hot-mix asphalt, limit natural sand to a maximum of 20 percent by weight of
the total aggregate mass.
D. Mineral Filler: Rock or slag dust, hydraulic cement, or other inert material complying
with ASTM D 242.
2.2 ASPHALT MATERIALS
A. Asphalt Cement: Asphalt cement complying with Ga. DOT specifications.
B. Prime Coat: Asphalt emulsion prime conforming to Ga. DOT specifications.
C. Tack Coat: Emulsified asphalt or Cationic emulsified asphalt, slow setting, factory
diluted in water, of suitable grade and consistency for application conforming to Ga.
DOT specifications.
D. Water: Potable.
2.3 AUXILIARY MATERIALS
A. Herbicide: Commercial chemical for weed control, registered by Environmental
Protection Agency (EP A). Provide granular, liquid, or wettable powder form.
B. Sand: ASTM D 1073, Grade Nos. 2 or 3.
C. Pavement-Marking Paint: Alkyd-resin type, ready-mixed, complying with FS IT -P-115,
Type I, or AASHTO M-248, TyPe N.
"
1. Color: As indicated.
D. Wheel Stops: Precast, air-entrained concrete, 2500-psi (17.2-MPa) nummurn
compressive strength, approximately 6 inches (150 rom) high, 9 inches (225 nun) wide,
and 84 inches (2130 nun) long. Provide chamfered comers and drainage slots on
underside, and provide holes for anchoring to substrate.
HOT-MIX ASPHALT PA VlNG
02510 - 3
1. Dowels: Galvanized steel, diameter 3/4 inch (19 rom), minimum length 10 inches
(254 rom).
Po. Hot-Mix Asphalt: Provide dense, hot-laid, hot-mix asphalt plant mixes approved by
authorities having jurisdiction; designed according to Ga. DOT specificatons
2.4 MIXES
pART 3 - EXECUTION
3.1 EXAMINATION
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A. Verify that subgrade is dry and in suitable condition to support paving and imposed
loads.
B. Proof-ron subbase using heavy, pneumatic-tired roners to locate areas that are unstable
, or that require further compaction.
C. Notify Engineer in writing of any unsatisfactory conditions. Do not begin paving
jnsta\lation until these conditions have been satisfactorily corrected.
3.2 PATCHING AND REPAIRS
A. Patching: Saw cut perimeter of patch and excavate existing pavement section to sound
base. Recompact new subgrade. Excavate rectangular or traPezoidal patches, extending
12 inches (300 rom) into adjacent sound pavement, unless otherwise indicated. Cut
excavation faces vertically.
I. Tack coat faces of excavation and allow to cure before paving.
2. _ Fill excavation with dense-graded, hot-mix asphalt base mix and, while stin hot,
compact flush with adjacent surface.
3. partia1ly fin excavation with dense-graded. hot-mix asphalt base mix and compact
while stin hoL Cover asphalt base course with compacted, hot-mix surface layer
finished flush with adjacent surfaces.
B. Tack Coat: Apply unifonnly to existing surfaces of previously constructed asphalt or
portland cement concrete paving and to surfaces abutting or projecting into neW, hot-mix
asphalt pavement. Apply at a uniform rate of 0.05 to 0.15 gal.lsq. yd. (0.2 to 0.7 J)sq.
m) of surface.
\'.
1. Allow tack coat to cure undisturbed before paving.
2. Avoid smearing or staining adjoining surfaces. appurtenances, and surroundings.
Remove spillages and clean affected surfaces.
02510 - 4
HOT-MIX ASpHALT PAVING
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3.3 SURFACE PREPARATION
A. General: Immediately before placing asphalt materials, remove loose and deleterious
material from substrate surfaces. Ensure that prepared sub grade is ready to receive
paVIng.
1. Sweep loose granular particles from surface of unbound-aggregate base course.
Do not dislodge or disturb aggregate embedded in compacted surface of base
course.
B. Herbicide Treatment: Apply herbicide according to manufacturer's recommended rates
and written application instructions. Apply to dry, prepared sub grade or surface of
compacted-aggregate base before applying paving materials.
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1. Mix herbicide with prime coat when formulated by manufacturer for that purpose.
C. Prime Coat: Apply uniformly over surface of compacted-aggregate base at a rate of 0.15
to 0.50 galJsq. yd (0.7 to 2.3 Usq. m). Apply enough material to penetrate and seal, but
. not flood, surface. Allow prime coat to cure for 72 hours minimum.
1. If prime coat is not entirely absorbed within 24 hours after application, spread sand
over surface to blot excess asphalt. Use just enough sand to prevent pickup under
traffic. Remove loose sand by sweeping before pavement is placed and after
volatiles have evaporated.
2. Protect primed substrate from damage until ready to receive paving.
3.4 HOT-MIX ASPHALT PLACING
A. Machine place hot-mix asphalt mix on prepared surface, spread uniformly, and strike off
Place asphalt mix by hand to areas inaccessible to equipment in a manner that prevents
segregation of mix. Place each course to required grade, cross section, and thickness,
when compacted.
1. Place hot-mix asphalt base course in number of lifts and thicknesses indicated.
2. Place hot-mix asphalt surface course in single lift.
3. Spread mix at minimum temperature of250 deg F (121 deg C).
4. Begin applying mix along centerline of crown for crowned sections and on high
side of one-way slopes, unless otherwise indicated.
5. Regulate paver machine speed to obtain smooth, continuous surface free of pulls
and tears in asphalt-paving mat.
B. Place paving in consecutive strips not less than 10 feet (3 m) wide, except where infill
edge strips of a lesser width are required. Jogging' path width shall be 8' alternate is
accepted.
HOT-MIX ASPHALT PAVING
02510 - 5
I. After first strip has been placed and rolled. place succeeding strips and extend
rolling to overlap previous strips. Complete asphalt base course for a section
before placing asphalt surface course.
C. promptly correct surface irregularities in paving course behind paver. Use suitable band
tools to remove excess material forming high spots. Fill depressions with bot-mix
asphalt to prevent segregation of mix; use suitable band tools to smooth surface.
3.5 JOINTS
A. Construct joints to ensure continuous bond between adjoining paving sections.
Construct joints free of depressions with same texture and smoothness as other sections
of hot-mix asphalt course.
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1. Clean contact surfaces and apply tack coat.
2. Offset 10ngitudina1 joints in successive courses a minimum of 6 inches (ISO rom).
3. Offset tranSVerse joints in successive courses a minimum of 24 inches (600 rom).
4. Construct tranSVerse joints by bulkhead method or sawed vertical face method as
. described in AI's "The Asphalt Handbook."
5. Compact joints as soon as hot-mix asphalt win bear roner weight without
excessive displacement.
6. Compact asphalt at joints to a density within 2 percent of specified course density.
3.6 COMPACTION
A. General: Begin compaction as soon as placed hot-mix paving will bear roner weight
without excessive displacement. Compact hot-mix paving with hot, hand tampers or
vibratory-plate compactors in areas inaccessible to rollers.
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1. Complete compaction before mix temperature cools to 185 deg F (85 deg C).
B. Breakdown Rolling: Accomplish breakdown or initial roning immediately after roning
joints and outside edge. Examine surface immediately after breakdown roning for
indicated crown. grade. and smoothness. Repair surfaces by loosening displaced
material, filling with hot-mix asphalt, and rerolling to required elevations.
C. Intermediate Roning: Begin intermediate rolling immediately after breakdown rolling.
while hot-mix asphalt is stin hot enough to achieve specified density. Continue ro1\ing
until hot-mix asphalt course has been uniformly compacted to the fonowing density:
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Average Density: 96 percent of referenc~ laboratory density according to
ASTM D 1559, but not less than 94 percent nor greater than 100 percent.
Average Density: 92 percent of reference maximum theoretical density according
to ASTM D 2041, but not less than 90 percent nor greater than 96 percent.
D. Finish Rolling: Finish roll paved surfaces to remove roner marks while hot-mix asphalt
is still warm.
02510 - 6
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E. Edge Shaping: While surface is being compacted and finish~ trim edges of pavement
to proper alignment. Bevel edges while still hot, with back of rake or smooth iron.
Compact thoroughly using tamper or other satisfactory method.
F. Repairs: Remove paved areas that are defective or contaminated with foreign materials.
Remove paving course over area affected and replace with fresh, hot-mix asphalt.
Compact by rolling to specified density and surface smoothness.
G. Protection: After final rolling, do not permit vehicular traffic on pavement until it has
cooled and hardened.
H. Erect barricades to protect paving from traffic until mixture has cooled enough not to
become marked.
, 3.7 INSTALLATION TOLERANCES
A. Thickness: Compact each course to produce the thickness indicated within the following
tolerances:
I. Base Course: Plus or minus 1/2 inch (13 mm).
2. Surface Course: Plus 1/4 inch (6 mm), no minus.
B. Surface Smoothness: Compact each course to produce a surface smoothness within the
following tolerances as determined by using a lO-foot (3-m) straightedge applied
transversely or longitudinally to paved areas:
1. Base Course: 1/4 inch (6 mm).
2. Surface Course: 1/8 inch (3 rom).
3. Crowned Surfaces: Test with crowned template centered and at right angle to
crown. Maximum allowable variance from template is 1/4 inch (6 rom).
3.8 PAVEMENTMARKING
A. Do not apply pavement-marking paint until layout, colors, and placement have been
verified with Engineer.
B. Allow paving to cure for 30 days before starting pavement marking.
C. Sweep and clean surface to eliminate loose material and dust.
D. Apply paint with mechanical equipment to produce; pavement markings of dimensions
indicated with uniform, straight edges. Apply at manufacturer's recommended rates to
provide a ririnimum wet film thickness of 15 mils (0.4 mm).
3.9 WHEEL STOPS
A. Securely attach wheel stops into pavement with not less than 2 galvanized steel dowels
HOT-MIX ASPHALT PAVING
02510 - 7
embedded in precast concrete at one-third points. Firmly bond each dowel to wheel stop
and to pavement.
3.10 FIELD QUALITY CONTROL
A. Testing Agency: Owner will engage a qualified independent testing agency to perform
field inspections and tests and to prepare test reports.
1. Testing agency win conduct and interpret tests and state in each report whether
tested Work complies with or deviates from specified requirements.
B. Additional testing, at ContraCtors expense, will be performed to determine compliance
of corrected Work with specified requirements.
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C. Thickness: In-place compacted thickness of hot-mix asphalt courses win be determined
. according to ASTM D 3549.
D. .surface Smootlmess: Finished surface of each hot-mix asphalt course will be tested for
compliance with smoothness tolerances.
E. In-place Density: Samples ofuncompacted paving mixtures and compacted pavement
will be secured by testing agency according to ASTM D 979.
\. Reference laboratory density win be determined by averaging results from 4
samples of hot-mix .asphalt-paving mixture delivered daily to site, prepared
according to ASTM D 1559, and compacted according to job-mix specifications.
2. Reference maximum theoretical density will be determined by averaging results
from 4 samples of hot-mix asphalt-paving mixture delivered daily to site, prepared
according to ASTM D 2041, and compacted according to job-mix specifications.
3. In-place density of compacted pavement will be determined by testing core
samples according to ASTM D 1188 or ASTM D 2726.
a. One core sample will be taken for every 1000 sq. yd. (836 sq. 10) or less of
installed pavement, but in no case will fewer than 3 cores be taken.
b. Field density of in-place compacted pavement may also be determined by
. nuclear method according to ASTM D 2950 and correlated with
ASTM D 1188 or ASTM D 2726.
F. Remove and replace or install additional hot-mix asphalt where test results or
measurements indicate that it does not comply with specified requirements.
END OF SECTION 02511
02510 - 8
HOT -MIX ASpHALT PAVING
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SECTION 0251lA - EXISTING TENNIS COURT RESURFACING
1.1 DESCRIPTION
A. This specification is for the resurfacing oftennis courts at May Park and Fleming Tennis
Center. The work will include the repair of cracks, application of AcryTech with UV-15
Colorguard acrylic emulsion or an approved equal. The courts at May Park will require
an asphalt overlay in addition to crack repair and color applications.
1.2 CONSTRUCTION
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A Crack Preparation and Repair - All cracks should be free of dirt, dust or other foreign
matter. Crack should be filled with suitable material to provide solid base for crack filler.
AcryTech Crack Filler or approved equal should be packed into the crack with trowel
or pointing tool until flush with asphalt surface. Curing may cause the materials to "dish
out" and a second application may be necessary.
B. _ Surface Preparation - The surface to be coated must be sound, free from dirt, dust, or
other foreign matter. Prior to the application of Color coatmgs, depressions greater than
1/S" (nickel) should be filled with Asphalt Emulsion Patch Mix using the following
formula:
Asphalt Emulsion
Water
Silica Sand
Portland Cement
27 Gallons
5 Gallons
200-300 lb.
.
Cement should be used to accelerate drying. Mix only as much as you will use
for patching. Remainder will be set up and become hard.
D. Acrylic Resurfacer Leveling Coat - In order to provide a tight, blemish free surface for
color application, one or more applications of Acrlyic Resurfaces shall be applied to the
entire surface at a rate of .05 - .07 gallons/sq. yd. per coat in order to level any
irregularities in new asphalt surface. .No ponding should occur on finished surface.
Materials are to be mixed as follows:
Acrylic Resurfacer
Water
Silica Sand
10 Gallons
4-7 Gallons
120-180 Pounds (60-80 mesh)
E. AcryTech with UV-15 Colorguard or approved equal - Shall be applied to a properly
prepared surface in two or three applications at a rate of.04 - ..05 gallons/sq. yd. per
coat. The succeeding application is not to be applied until the previous coat is thoroughly
dry. Mixing of materials as follows:
AcryTech with UV-15 Colorguard
Water
Silica Sand
27 Gallons
IS - 18 Gallons
200 lb. ·
EXISTING TENNIS COURT RESURFACING
02511A - 1
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Silica Sand 200 lb. *
F. Marking Lines _ AcryTech Line Paint or approved equal shall be applied when coatings
are thoroughly dry.
G. Limitations _ Application temperatures shall be a minimum of 50 degrees. Do not apply
coatings when surface is set or if rain is imminent or forecast. Keep from freezing. Do
not store in direct sunlight.
END OF SECTION
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.r -
...
EXISTING TENNIS COURT RESURFACING
02511A - 2
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SECTION 0251lB - TENNIS COURT FENCING
1.1 FENCE FABRIC
A. Height ofFence
1. Overall height offence when erected shall be ten feet (10').
B. Chain Link Fabric - Zinc coated.
,
1. Fabric shall be 11 gauge, 1-3/4" mesh. This application covers chain link fabric
made from galvanized steel wire which has a zinc coating. The fabric shall be
steel of such quality and purity that, when drawn to the size of wire specified, the
finished fencing shall be of uniform quality and have the properties and
characteristics as prescribed in the specification. Wire used for the manufacture
of this fabric shall be capable of being woven into fabric. Fabric shall be
manufactured by Reeves Southeastern Corporation, Southeastern Wire Division
of Tampa, Florida, or an approved equal.
C. Workmanship
1. Zinc coated chain link fabric shall be Class 1 and produced by methods recognized
as good commercial practices. Careful inspection shall be made to determine the
quality of zinc coatings.
1.2 FRAMEWORK., FIITINGS, AND GATES
A. Line Posts
1. Line posts shall be TYPE II 2.375 inches O.D. steel posts weighing 3.117Ibs. per
- square foot. These posts shall not be splice welded in such a manner that the weld
appears above the grade line. The chain link fabric shall be tied to the line posts
with No.9 gauge soft annealed galvanized steel tie wire.
B. Terminal and Gate Posts
1. Terminal and gate posts shall be TYPE II 2.875 inches O.D. steel round posts
weighing 4.64 lbs. per lineal foot. These posts shall not be splice welded in such
a manner that the weld appears above the grade line.
"
C. Terminal and Gate Post Fittings
1. Terminal and gate post fittings. including tension bands, brace connections and top
rail connections, shall be No. 14 gauge, hot-dipped galvanized, cold-rolled, carbon
steel. Top rail, brace and truss bands shall not be less than three quarter inch
(3/4") wide, secured by five-sixteenths inch (5/16") diameter carriage bolts.
Tension bars shall not be less than three-sixteenths inch (3/16") by three-quarters
BITUMINOUS TENNIS COURTS
02511B - 1
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inch (3/4") and not less than two inches (2") shorter than the nominal height of the
fabric with which they are to be used. One tension bar shall be provided for each
end and gate post, and two for each comer and pull post.
D. Top and Intermediate Rail
1. Top and intermediate rail shall be TYPE IT 1.660 inch O.D. round steel pipe
weighing 1.836 lbs. per lineal foot. An outside sleeve type coupling measuring
not less than six inches (6") in length shall be provided at each interval of twenty-
one feet (21'). The chain link fabric shall be tied to the rails at intervals of twenty-
four inches (24") with 9 gauge soft annealed galvanized steel or aluminum single
wrapped ties or 13 gauge dead soft galvanized steel double wrapped ties.
E. Brace Rail for Terminal and Gate Post
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1. Terminal and gate posts shall be strengthened and reinforced by braces meeting
the same specifications as the top rail. Braces shall be installed midway between
top rail and court surface and extend from each terminal post to the first adjacent
line post. Braces shall be securely fastened to posts by heavy pressed steel
connections and also be trussed from line post back to terminal post with five-
sixteenths inch (5/16") round truss rods complete with tightening turnbuckle.
F. Bottom Tension Wire
1. Bottom tension wires shall be 7 gauge galvanized steel marcelled wire, ASTM
Designation A-824-84, Type I, al~inum coated or Type IT, zinc coated. The
tension wire shall be fastened to the chain link fabric at intervals of twenty-four
inches (24") with 11 gauge galvanized steel hog rings.
G. Post Tops
1. -:. Tops of line posts shall be ofa steel or aluminum casting capable of providing a
through passage for top rail. Terminal post tops shall be of a steel or aluminum
casting and be designed so as to exclude all moisture from the terminal post.
H. Gates
1. Gates shall not be less than four feet (4') wide and constructed and hung as detailed
on drawings. Frames shall be constructed of 1.660 inch O.D. round steel pipe
weighing l.8361bs. per lineal foot. Gate frames shall be welded. Fabric matching
the fence fabric shall be installed in the frame;: by means of tension bars and hook
bolts. Hinges shall be of adequate strength. to support the gate and have large
bearing surfaces for clamping in position. Gates shall be capable of being opened
and closed quickly and easily by one (1) person. Gates shall be equipped with a
positive latching device that will accommodate padlocking. A plunger rod, catch
and semi-automatic outer catch shall be installed on drive gates so as to secure
gate in an open position. Hinges, latches and catches shall be one of the
manufacturer's standard designs as selected and approved by the architect.
BnrrThfiNOUSTE~SCOURTS
0251lB - 2
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1.3 GENERAL
A. Post Spacing and Settings
1. Line and terminal posts shall be set in concrete foundations not less than ten inches
(10") in diameter and not less than thirty-six inches (36") in depth. The concrete
shall have a design mix of2500 pounds per square inch. Spacing of posts in the
line of fence shall be uniform and not more than ten feet (10') apart.
B. Fabric Installation
1. The fabric shall be installed on the court side of posts. Bottom offence fabric shall
be three-quarter inch (3/4") (plus or minus 1/4 inch) above the finished court
surface. The fabric shall be furnished with salvages knuckled on both ends.
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c. Weights and Tolerances
1. Weights and tolerance shall conform to Federal Specification RR-F-19IJ, dated
July 22, 1981.
D. Inspection
1. All materials installed under this specification shall be subject to testing by the
owner at his expense. Any material so inspected and found to be not in strict
conformity with this specification shall be promptly removed and replaced by the
contractor at his expense.
END OF SECTION
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BITIJMINOUS TENNIS COURTS
02511 B-3
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SECTION 03300 - CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS)
PART I - GENERAL
1.1 SUMMARY
A. This Section specifies cast-in-place concrete, including reinforcement, concrete materials,
mix design, placement procedures, and finishes.
1.2 SUBMITTALS
,
A. General: In addition to the following, comply with submittal requirements in ACI 301.
B. Design Mixes: For each concrete mix.
1.3 QUALITY ASSURANCE
A. Installer Qualifications: An experienced installer who has completed concrete work
similar in material, design, and extent to that indicated for this Project and whose work
has resulted in construction with a record of successful in-service performance.
B. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete
products complying with ASTM C 94 requirements for production facilities and
equipment.
C. Source Limitations: Obtain each type of cement of the same brand from the same
manufacturer's plant, each aggregate from one source, and each admixture from the same
manufacturer.
D. Comply with ACI 301, "Specification for Structural Concrete," including the following,
unless modified by the requirements ofthe Contract Documents.
1. General requirements, including submittals, quality assurance, acceptance of
structure, and protection of in-place concrete.
2. Formwork and form accessories.
3. Steel reinforcement and supports.
4. Concrete mixtures.
5. Handling, placing, and constructing concrete.
CAST-TN-PLACE CONCRETE (LIMITED APPLICATIONS)
03300-1
PART 2 - PRODUCTS
2.1 FoRMWORK
A. Fumish formwork and form accessories according to AC1301.
2.2 STEEL REINFORCEMENT
A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), deformed.
B. Plain-Steel Wire: ASTM A 82, as drawn.
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C. Plain-Steel Welded Wire Fabric: ASTM A 185, fabricated from as-drawn steel wire into
flat sheets.
D. . Deformed-Steel Welded Wire Fabric: ASTM A 497, flat sheet.
2.3 CONCRETEMATERlALS
A. portland Cement: ASTM C 150, Type 1.
B . Normal-Weight Aggregate: ASTM C 33, uniformly graded, not exceeding 1-1/2-inch
(38-mm) nominal size.
,;"
C. Water: Potable and complying with ASTM C 94.
2.4 ADMIXTURES
A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent
water-soluble chloride ions by mass of cement and to be compatible with other
admixtures. Do not use admixtures containing calcium chloride.
B. Air-Entraining Admixture: ASTM C 260.
C. Water-Reducing Admixture: ASTM C 494, Type A.
D. High-Range, Water-Reducing Admixture: ASTM C 494, Type F.
E. Water-Reducing and Accelerating Admixture: ASTM C 494, Type E.
F. Water-Reducing and Retarding Admixture: ASTM C 494, Type D.
CAST-TN-PLACE CONCRETE (LIMITED APPLICATIONS)
03300-2
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2.5 RELATED MATERIALS
A. Fine-Graded Granular Material: Clean mixture of crushed stone, crushed gravel, and
manufactured or natural sand; ASTM D 448, Size 10, with 100 percent passing a No.4
(4.75-mm) sieve and 10 to 30 percent passing a No. 100 (0. 15-mm) sieve; complying
with deleterious substance limits of ASTM C 33 for fine aggregates.
B. Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber, or ASTM D 1752,
cork or self-expanding cork.
2.6 CURING MATERIALS
,
A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for
application to fresh concrete.
B. Water: Potable.
c. . Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class
B.
2.7 CONCRETEMIXES
A. Comply with ACI 301 requirements for concrete mixtures.
B. Prepare design mixes, proportioned according to ACI 301, for normal-weight concrete
determined by either laboratory trial mix or field test data bases, as follows:
1. Compressive Strength (28 Days): 4000 psi (27.6 MPa).
2. Slump: 4 inches (100 mm).
a. Slump Limit for Concrete Containing High-Range Water-Reducing
Admixture: Not more than 8 inches (200 mm) after adding admixture to
plant- or site-verified, 2- to 3-inch (50- to 75-mm) slump.
C. Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at
point of placement having an air content of2.5 to 4.5 percent.
2.8 CONCRETE MIXING
A. Ready-Mixed Concrete: Comply with ASTM C 94 and ASTM C 1116.
I. When air temperature is between 85 and 90 deg F (30 and 32 deg C), reduce mixing
and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above
90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes.
CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS)
03300 - 3
PART 3 - EXECUTION
3.1 FORMWORK
A. Design, construct, erect, shore, brace, and maintain formwork according to ACI 301.
3.2 STEEL REINFORCEMENT
A. Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and
supporting reinforcement.
3.3 JOINTS
,
A. General: Construct joints true to line with faces perpendicular to surface plane of
concrete.
B. . Construction Joints: Locate and install so as not to impair strength or appearance of
concrete, at locations indicated or as approved by Engineer.
C. Isolation Joints: Install joint-filler strips at junctions with slabs-on-grade and vertical
surfaces, such as column pedestals, foundation walls, grade beams, and other locations,
as indicated.
1. Extend joint fillers full width and depth. of joint, terminating flush with finished
concrete surface, unless otherwise indicated.
"
D. Contraction (Control) Joints in Slabs-on-Grade: Form weakened-plane contraction
joints, sectioning concrete into areas as indicated. Construct contraction joints for a
depth equal to at least one-fourth of the concrete thickness, as follows:
1. Grooved Joints: Form contraction joints after initial floating by grooving and
finishing each edge of joint with groover tool to a radius of 1/8 inch (3 mm).
Repeat grooving of contraction joints after applying surface finishes. Eliminate
groover marks on concrete surfaces.
2. Sawed Joints: Form contractionjoiI~ts with power saws equipped with shatterproof
abrasive or diamond-rimmed blades. Cut 1/8-inch- (3-mm-) wide joints into
concrete when cutting action will not tear, abrade, or otherwise damage surface and
before concrete develops random contraction cracks.
3.4 CONCRETE PLACEMENT
A. Comply with recommendations in ACI 304R for measuring, mixing, transporting, and
placing concrete.
B. Do not add water to concrete during delivery, at Project site, or during placement.
CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS)
03300 - 4
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C. Consolidate concrete with mechanical vibrating equipment.
3.5 FINISHING FORMED SURFACES
A. Rough-Formed Finish: As-cast concrete texture imparted by form-facing material with
tie holes and defective areas repaired and patched, and fins and other projections
exceeding 1/4 inch (6 mm) in height rubbed down or chipped off.
I. Apply to concrete surfaces not exposed to public view.
B. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material,
arranged in an orderly and symmetrical manner with a minimum of seams. Repair and
patch tie holes and defective areas. Completely remove fins and other projections.
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1. Apply to concrete surfaces exposed to public view or to be covered with a coating
or covering material applied directly to concrete, such as waterproofing,
dampproofing, veneer plaster, or painting.
. 2. Do not apply rubbed finish to smooth-formed fmish.
3. Apply the following rubbed finish, defined in ACI 301, to smooth-formed finished
concrete.
a. Smooth-rubbed finish.
3.6 FINISHING UNFORMED SURFACES
A. General: Comply with ACI 302.1R for screeding, restraightening, and finishing
operations for concrete surfaces. Do not wet concrete surfaces.
B. Screed surfaces with a straightedge and strike off Begin initial floating using bull floats
or darbies to form a uniform and open-textured surface plane before excess moisture or
bleed water appears on the surface.
1. Do not further disturb surfaces before starting finishing operations.
C. Float Finish: Apply float finish to surfaces indicated, to surfaces to receive trowel finish,
and to slab surfaces to be covered sand-bed.
D. Nonslip Broom Finish: Apply a nonslip broom finish to surfaces indicated and to
exterior concrete platforms, steps, and ramps. Immediately after float finishing, slightly
roughen trafficked surface by brooming with fiber-bristle broom perpendicular to main
traffic route.
3.7 TOLERANCES
A. Comply with ACI 117, "Specifications for Tolerances for Concrete Construction and
Materials. "
CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS)
03300 - 5
3.8 CONCRETE PROTECTION AND CURING
A. General: Protect freshly placed concrete from premature drying and excessive cold or
hot temperatures. Comply with ACI 306.1 for cold-weather protection, and follow
recommendations in ACI 305R for hot-weather protection during curing.
B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or
windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h (1 kg/sq. m x h)
before and during finishing operations. Apply according to manufacturer's written
instructions after placing, screeding, and bull floating or darbying concrete, but before
float finishing.
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C. Begin curing after finishing concrete, but not before free water has disappeared from
concrete surface.
D. Curing Methods: Cure formed and unformed concrete for at least seven days by curing
. compound as follows:
1. Curing Compound: Apply uniformly in continuous operation by power spray or
roller according to manufacturer's written instructions. Recoat areas subjected to
heavy rainfall within three hours after initial application. Maintain continuity of
coating and repair damage during curing period.
3.9 FIELD QUALITY CONTROL
f~
A. Testing Agency: Contractor will engage a qualified independent testing and inspecting
agency at Contractor's expense to sample materials, perform tests, and submit test reports
during concrete placement. Tests will be performed according to ACI 301.
1. Testing Frequency: Obtain one composite sample for each day's pour of each
concrete mix exceeding 5 cu. yd. (4 cu. m), but less than 25 cu. yd. (19 cu. m), plus
one set for each additional 50 cu. yd. (38 cu. m) or fraction thereof.
2. Testing Frequency: Obtain at least one composite sample for each 100 cu. yd. (76
cu. m) or fraction thereof of each concrete mix placed each day.
3.1 0 REPAIRS
A. Remove and replace concrete that does not comply with requirements in this Section.
END OF SECTION 03301
CAST-IN-PLACE CONCRETE (LIMITED APPLICATIONS)
03300 - 6
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SECTION 16050 - BASIC ELECTRICAL MATERIALS AND METHODS
PART 1 - GENERAL
1.1 SUMMARY
A. This Section includes the following:
1.
2.
3.
4.
5.
6.
Raceways.
Building wire and connectors.
Supporting devices for electrical components.
Electrical identification.
Electricity-metering components.
Concrete equipment bases.
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1.2
QUALITY ASSURANCE
A. Electrical Components, Devices, and Accessories: Listed and labeled as defmed in NFPA 70, Article 100, by
a testing agency acceptable to authorities having jurisdiction, and marked for intended use.
B. COIp.ply with NFPA 70.
1.3 COORDINA nON
A. Sequence, coordinate, and integrate installing electrical materials and equipment for efficient flow of the Work.
B. Coordinate electrical setvice connections to components furnished by utility company. Coordinate installation
and connection of exterior underground utilities and setvices, including provision for electricity-metering
components. Comply with requirements of authorities having jurisdiction and of utility company providing
electrical power.
PART 2 - PRODUCTS
2.1 RACEWAYS
A. RMC: e.NSI C80.3, zinc-coated steel, with threaded fittings.
B. LFMC: Zinc-coated steel with sunlight-resistant and mineral-oil-resistant plastic jacket.
C. RNC: NEMA TC2, Schedule 40 PVC, with NEMA TC3 fittings.
D. Raceway Fittings: Specifically designed for the raceway type with which used.
2.2 CONDUCTORS
A. Conductors, No. lOA WG and Smaller: Solid or stranded copper.
B. Conductors, Larger Than No. lOA WG: Stranded copper.
C. Insulation: Thermoplastic, rated at 75 deg C minimum.
D. Wire Connectors and Splices: Units of size, ampacity rating, material, type, and class suitable for service
indicated.
BASIC ELECTRICAL MATERIALS AND METHODS
16050-1
2.3 SUPPORTING DEVICES
A. Material: Cold-formed steel, with corrosion-resistant coating acceptable to authorities having jurisdiction.
B. Metal Items for Use Outdoors or in Damp Locations: Hot-dip galvanized steel.
C. Slotted-Steel Channel Supports: Flange edges turned toward web, and 9/16-inch-diameter slotted holes at a
maximum of 2 inches o.c., in webs.
D. Toggle Bolts: All-steel springhead type.
2.4 ELECfRlCAL lDENTIFICA TION
A. Colored Adhesive Marking Tape for Wires: Self-adhesive vinyl tape, not less than 1 inch wide by 3 mils thick.
2.5 EQUIPMENT FOR UTILITY COMPANY'S ELECfRlCITY METERING
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A. Meter Sockets: Comply with requirements of electrical power utility company.
PART 3 - EXECUTION
3.1 ELECfRlCAL EQUIPMENT INSTALLATION
A. Materials and Components: Install level, plumb, and parallel and perpendicular to other systems and
components.
B. Equipment: Install to facilitate service, maintenance, and repair or replacement of components. Connect for
ease of disconnecting, with minimum interference with other installations.
3.2 RACEWAY APPLICATION
A. Use the following raceways for outdoor installations:
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1. Exposed: RMC.
2. Underground: RNC.
3. Connection to Vibrating Equipment: LFMC.
4. _ Boxes and Enclosures: NEMA 250, Type 3R or Type 4.
3.3 RACEWAY AND CABLE INSTALLATION
A. Use temporary raceway caps to prevent foreign matter from entering.
B. Make conduit bends and offsets so lD is not reduced. Keep legs of bends in the same plane and straight legs
of offsets parallel.
C. Use raceway fittings compatible with raceways and cables and suitable for use and location.
D. Transition from RNC to RMC before rising above grade.
E. Connect equipment subject to vibration, noise transmission, or movement with a maximum of 72-inch LFMC
in wet or damp locations.
3.4 WIRING METHODS FOR POWER, LIGHTING, AND CONTROL CIRCUITS
A. Service: Type THHNffHWN insulated conductors in raceway.
B. Feeders: Type THHNrrHWN insulated conductors in raceway.
BASIC ELECTRICAL MATERIALS AND METHODS
16050 - 2
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3.5
A.
B.
3.6
A.
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C.
3.7
A.
B.
e.
D.
3.8
A.
B.
Branch Circuits: Type THHNrrHWN insulated conductors in raceway.
Remote-Control Signaling and Power-Limited Circuits: Type TlffiNrrHWN insulated conductors in raceway.
WIRING INSTALLATION
Install splices and taps that are compatible with conductor material and that possess equivalent or better
mechanical strength and insulation ratings than unspliced conductors.
Connect component connections to wiring systems and to ground. Tighten electrical connectors and terminals,
according to manufacturer's published torque-tightening values.
ELECTRICAL SUPPORTING DEVICE APPLICATION
Damp Locations and Outdoors: Hot-dip galvanized materials.
B. Selection of Supports: Comply with manufacturer's written instructions.
Strength of Supports: Adequate to carry present and future loads, times a safety factor of at least four;
minimum of 200-lb design load.
SUPPORT INSTALLATION
Install support devices to securely and permanently fasten and support electrical components.
Install individual and multiple raceway hangers and riser clamps to support raceways. Provide U-bolts, clamps,
attachments, and other hardware necessary for securing conduits.
Arrange supports in vertical runs so the weight of raceways and enclosed conductors is carried entirely by
raceway supports, with no weight load on raceway terminals.
Install metal channel racks for mounting panelboards, disconnect switches, control enclosures, pull and junction
boxes, and other devices.
IDENTIFICATION MATERIALS AND DEVICES
Self-Adpesive Identification Products: Clean surfaces before applying.
Color-code 240/120-V system secondary service, feeder, and branch-circuit conductors throughout the
secondary electrical system as follows:
1.
2.
3.
4.
Phase A: Black.
Phase B: Red.
Neutral: White.
Ground: Green.
3.9 UTILITY COMPANY ELECTRICITY-METERING EQUIPMENT
A. Install equipment according to utility company's written requirements. Provide grounding and empty conduits
as required by utility company.
3.10 CONCRETE BASES
A. Construct concrete bases of dimensions indicated. Use 3000-psi, 28-day compressive-strength concrete and
reinforcement.
BASIC ELECTRICAL MATERIALS AND METHODS
16050-3
3.11 TOUCHUP PAINTING
A. Repair damage to galvanized fmishes with zinc-rich paint recommended by manufacturer.
3.12 CLEANING AND PROTECTION
A. On completion of installation, including outlets, fittings, and devices, inspect exposed fmish. Remove burrs,
dirt, paint spots, and construction debris.
END OF SECTION 16050
,
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BASIC ELECTRICAL MA TERlALS AND METHODS
16050 - 4
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SECTION 16511 - GENERAL LIGHTING
PART 1 - GENERAL
1.1 SUMMARY
A.
This Section includes interior and exterior lighting fIxtures, lamps, ballasts, and accessories, exclusive of
sports lighting.
1.2 SUBMITI ALS
A.
Product Data: For each type of lighting fIxture indicated, arranged in order of fIxture designation. Include
data on features, accessories, and the following:
,
1.
2.
3.
Dimensions of fIxtures.
Electrical ratings and photometric data.
Types of lamps.
1.3 QUALITY ASSURANCE
A. ~ixtures and Accessories: Listed and labeled as defIned in NFP A 70, Article 100, by a testing agency
acceptable to authorities having jurisdiction.
B. Comply with NFPA 70.
I A COORDINATION
A. Fixtures, Mounting Hardware, and Trim: Coordinate layout and installation of lighting fixtures with ceiling
system and other construction.
PART 2 - PRODUcrS
2.1 MANUFACTURERS
A. Available Products: Subject to compliance with requirements, products that may be incorporated into the
Work include, but are not limited to, the products indicated in the Lighting Fixture Schedule on the plans.
2.2 FLUORESCENT LAMP BALLASTS
A.
General Requirements: Features include the following:
1. Designed for type and quantity of lamps indicated at full light output.
2. Total Harmonic Distortion Rating: Less than 20 percent.
3. Sound Rating: A.
B.
Electronic Ballasts for Linear Lamps: Features include the following, besides those in "General
Requirements" Paragraph above:
1. Certified Ballast Manufacturer Certification: Indicated by label.
2. Encapsulation: Without voids in potting compound.
3. Parallel Lamp Circuits: Multiple lamp ballasts connected to maintain full light output on surviving
lamps if one or more lamps fail.
GENERAL LIGHTING
16511-1
C. Eloct<omagnetk Baltas" fo' Linear Lamp" Featn"'s inclnde the foltowing, besides those in "Gen"a]
Requirements" Paragraph above:
1.
2.
3.
Type: Energy saving.
Certified Ballast ManufactUrer Certification: Indicated by label.
Encapsulation: Without voids in potting compound.
D. Ballasts for Low_Temperature Environments: As follows:
1. Tempe",tnres 0 Deg F and Abov" Elccrronic m dccrromagnetic type "ted fo, 0 deg F starting
temperature.
2.3 LAMPS
,
A. Ftno"seent Colo' Tempe"tnre and Minimnm Color-Rendering Index' 3500 K and 85 CRI.
PART 3 - EXECUTION
3.1 INSTALLATION
A. F;xtn"" Set level, plwnb, and sq_ with ceiling and walts, and secure accmding to mannfactnret'S written
instructions and approved submittal materials. Install lamps in each fixture.
B. G<onnd equipment. Tighten dccrrical cooneetO", and terminals accn,ding to manufactnrds published
torque-tightening values.
3.2 FIELD QUALITY CONTROL
A.
Inspect each installed fixture for damage. Replace damaged fixtures and components.
B. Malfunctioning Fixtn<CS and Componen", Replace 0' ",pai" then "'test. Repeat p<ocedure until uni"
operate properly.
A. Ctean fixtn"'s internally and extemalty aft" instaltation. Use methods and materiats ",commended by
manufacturer.
3.3 CLEANING
END OF SECfION 16511
16511-2
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GENERAL LIGHTING
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