HomeMy WebLinkAboutMRC CONSTRUCTION MCBEAN AND MEADOWBROOK PARK IMPROVEMENTS
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SPECIFICATIONS
And
CONTRACT DOCUMENTS
FOR
McBEAN AND MEADOWBROOK PARK
IMPROVEMENTS
Prepared for
AUGUSTA RECREATION AND PARKS DEPARTMENT
2027 LUMPKIN ROAD
POST OFFICE BOX 5605
AUGUSTA, GA 30916-5605
Prepared by ,
JOHNSON, LASCHOBER & ASSOCIATES, P.C.
o ENGINEERS 0 DESIGNERS 0 CONSULTANTS 0 LANDSCAPE ARCHITECTS
1296 Broad Street, Augusta, GA 30901
TOC-1
K:142070 1IAdminlSpecslF ront-endICover.doc
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I McBean and Meadowbrook Park Improvements
Augusta-Richmond County Recreation and Parks
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TABLE OF CONTENTS
April15,2008
lDivision
Section Title
Pagesl
SPECIFICATIONS GROUP
INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS
BID FORM
FORM OF AGREEMENT
NOTICE TO PROCEED
CONTRACTOR'S APPLICATION FOR PAYMENT
CERTIFICATE OF SUBSTANTIAL COMPLETION
GENERAL CONDITIONS
SUPPLEMENTARY CONDITIONS
NOTICE OF AWARD
General Requirements Subgroup
DIVISION 01 - GENERAL REQUIREMENTS
011000 SUMMARY
012600 CONTRACT MODIFICATION PROCEDURES
012900 PAYMENT PROCEDURES
013300 SUBMITTAL PROCEDURES
015000 TEMPORARY FACILITIES AND CONTROLS
017300 EXECUTION
017329 CUTTING AND PATCHING
017700 CLOSEOUT PROCEDURES
SEE CONTRACT DRAWINGS
SEE CONTRACT DRAWINGS
DIVISION 31 - EARTHWORK
311000 SITE CLEARING
312000 EARTH MOVING
313116 TERMITE CONTROL
Facility Construction Subgroup
Facility Services Subgroup
Site and Infrastructure Subgroup
DIVISION 32 - EXTERIOR IMPROVEMENTS
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321216
321313
321373
ASPHALT PAVING
CONCRETE PAVING
CONCRETE PAVING JOINT SEALANTS
CHAIN LINK FENCES AND GATES
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McBean and Meadowbrook Park Improvements
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April 15,2008
SECTION 200 - INSTRUCTIONS TO BIDDERS for Construction Contracts
TABLE OF CONTENTS
ARTICLE 1 - DEFINED TERMS
ARTICLE 2 - COPIES OF BIDDING DOCUMENTS
ARTICLE 3 - QUALIFICATIONS OF BIDDERS
ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE
ARTICLE 5 - PRE-BID CONFERENCE
ARTICLE 6 - SITE AND OTHER AREAS
ARTICLE 7 - INTERPRETATIONS AND ADDENDA
ARTICLE 8 - BID SECURITY
ARTICLE 9 - CONTRACT TIMES
ARTICLE 10 - LIQUIDATED DAMAGES
ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS
ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS
ARTICLE 13 -PREPARATION OF BID
ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS
ARTICLE 15 - SUBMITTAL OF BID
ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID
ARTICLE 17 - OPENING OF BIDS
ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE
ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT
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ARTICLE 20 - CONTRACT SECURITY AND INSURANCE
ARTICLE 21 - SIGNING OF AGREEMENT
ARTICLE 22 - SALES AND USE TAXES
ARTICLE23-RETAINAGE
ARTICLE 24 - CONTRACTS TO BE ASSIGNED
ARTICLE 25 - PARTNERING
C-200 Instructions to Bidders for Construction Contracts
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ARTICLE 1 - DEFINED TERMS
1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and
Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:
A. Issuing Office-- The office from which the Bidding Documents are to be issued and where the bidding
procedures are to be administered.
ARTICLE 2 - COPIES OF BIDDING DOCUMENTS
2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the
Advertisement or Invitation to Bid may be obtained from the Issuing Office. The deposit is non-refundable.
2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any
responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the
purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.
ARTICLE 3 - QUALIFICATIONS OF BIDDERS
3.01 The contractor must have a current building contractor's license in the State of Georgia and
must have completed at least three (3) similar projects in Georgia within the last five (5) years.
Verification information shall be available upon request.
ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE
4.01
Subswface and Physical Conditions
A. The Supplementary Conditions identify:
1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer
has used in preparing the Bidding Documents.
2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or
contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents.
B. Copies of reports and drawings referenced in Paragraph 4.0 I.A will be made available by Owner to any Bidder
on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained
therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified
and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or
conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained
in such reports or shown or indicated in such drawings.
4.02 Underground Facilities
C-200 Instructions to Bidders for Construction Contracts
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A. Information and data shown or indicated in the Bidding Documents with respect to existing 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, including Owner, or others.
4.03 Hazardous Environmental Condition
A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental
Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents.
B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder
on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained
therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified
and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or
conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained
in such reports or shown or indicated in such drawings.
4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to
subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding
Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General
Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with
respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due
to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the
Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in
Paragraph 4.06 of the General Conditions.
4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations,
explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean
up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.
Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.
4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of
other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that
relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for
examination access to or copies of Contract Documents (other than portions thereof related to price) for such other
work.
4.07 It is the responsibility of each Bidder before submitting a Bid to:
A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding
Documents, and any Addenda;
B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may
affect cost, progress, and performance of the Work;
C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect
cost, progress, and performance of the Work;
D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and
all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site
(except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph
4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which
have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions;
C-200 Instructions to Bidders for Construction Contracts
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E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary
examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed
by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction
expressly required by the Bidding Documents, and safety precautions and programs incident thereto;
F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies,
or data are necessary for the determination of its Bid for performance of the Work at the price( s) bid and within the
times and in accordance with the other terms and conditions of the Bidding Documents;
G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to
the Work as indicated in the Bidding Documents;
H. correlate the information known to Bidder, information and observations obtained from visits to the Site,
reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations,
tests, studies, and data with the Bidding Documents;
1. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder
discovers in the Bidding Documents and confIrm that the written resolution thereof by Engineer is acceptable to Bidder;
and
1. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for the performance of the Work.
4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied
with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the
Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and
procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder
has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the
Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding
Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and
furnishing the Work.
ARTICLE 5 - PRE-BID CONFERENCE
5.01 A pre-Bid conference will be held at the Augusta-Richmond County Purchasing Department. Representatives
of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to have major subcontractors
attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as
Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon
and will not be binding or legally effective.
ARTICLE 6 - SITE AND OTHER AREAS
6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in
existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All
additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of
materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.
ARTICLE 7 - INTERPRETATIONS AND ADDENDA
7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing.
Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by
. C-200 Instructions to Bidders for Construction Contracts
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McBean and Meadowbrook Park Improvements
Augusta-Richmond County Recreation and Parks
April 15, 2008
Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions
received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by
Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or
Engineer.
ARTICLE 8 - BID SECURITY
Bids must be accompanied by a bid bond and in an amount not less than 10% of the base bid.
ARTICLE 9 - CONTRACT TIMES
9.01 The number of days within which, or the dates by which, [Milestones are to be achieved and] the Work is to be
substantially completed and ready for final payment are set forth in the Agreement.
ARTICLE 10 - LIQillDATED DAMAGES
10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS
11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding
Documents without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the
Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor
if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective
Date of the Agreement.
ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS
12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or
entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the
apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to
Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for
which such identification is required. Such list shall be accompanied by an experience statement with pertinent
iriformation regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier,
individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to
any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request
apparent Successful Bidder to submit a substitute,
12.02 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom
Contractor has reasonable objection.
ARTICLE 13 - PREPARATION OF BID
13.01 The Bid Form is included with the Bidding Documents.
C-200 Instructions to Bidders for Construction Contracts
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13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink.
Erasures or alterations shall be initialed in ink by the person signing the Bid Form A Bid price shall be indicated for
each listed therein, or the words ''No Bid," ''No Change," or ''Not Applicable" entered.
13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other
corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the
secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.
13.04 All names shall be typed or printed in ink below the signatures.
13 .05 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on
the Bid Form
13.06 The address and telephone number for communications regarding the Bid shall be shown.
13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the
Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor
license number, if any, shall also be shown on the Bid Form.
ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS
14.01 Lump Sum
A. Bidders shall submit a Bid on a Lump Sum basis as set forth in the Bid Form
ARTICLE 15 - SUBMITTAL OF BID
15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form
15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated
in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly
marked with the Project title (and, if applicable, the designated portion of the Project for which the
Bid is submitted), the name and address of Bidder, and shall be accompanied other required
. documents.
ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID
16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must
be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.
ARTICLE 17 - OPENING OF BIDS
17.01 Bids will be opened publicly and read out loud. An abstract of the Bids will be made available to Bidders after
the opening of Bids.
C-200 Instructions to Bidders for Construction Contracts
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ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE
18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Fonn, but Owner may, in its
sole discretion, release any Bid and retmn the Bid security prior to the end of this period.
ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT
19.01 Owner may also reject the Bid if Owner believes that it would not be in the best interest of the Project to make
an award. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and
to negotiate contract terms with the Successful Bidder.
19.02 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests
of the Project.
ARTICLE 20 - CONTRACT SECURITY AND INSURANCE
20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's
requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed
Agreement to Owner, it shall be accompanied by such bonds.
ARTICLE 21 - SIGNING OF AGREEMENT
21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required
number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the
Agreement as attached thereto. The Notice of Award will be issued within 75 days after the day of the Bid opening.
Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the
Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed
counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.
ARTICLE 22 - SALES AND USE TAXES
22.01 Owner is not exempt from GA state sales and use taxes on materials and equipment to be incorporated in
the Work.
ARTICLE 23 - RETAlNAGE
23.01 Provisions concerning Contractor's rights to deposit securities in lieu of retainage are set forth in the
Agreement.
ARTICLE 24 - CONTRACTS TO BE ASSIGNED
OMITTED
ARTICLE 25-PARTNERING
OMITTED
C-200 Instructions to Bidders for Construction Contracts
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SECTION C-410 Bid Form for Construction Contracts
BID FORM
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Contract Identification Number 42.0701 & 42.0703
TABLE OF ARTICLES
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Page
Article 1 - Bid Recipient.. ...... ... ..... .... ............ .......................... ........ ..... ........................... ..... ............. ................. ............... ....... .... ....... 1
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Article 2 - Bidder's Acknowledgements ............................................................................................................................................. 1
Article 3 - Bidder's Representations.................................................................................................... ................................................ 1
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Article 4 - Further Representations................ .......... ... .................. .......... ........... ... ........... ..... ............. ......... ............... ...................... .... 2
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Article 5 - Basis of Bid ........ ........ ....................... ............. ........ .......... ........... ......... ........... ...... ............ ......... .................................. ...... 2
Article 6 - Time ofCornpletion ........................................................................................................................................................... 3
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Article 7 - Attachments To This Bid ...................................................................................................................................................3
Article 8 - Defined Terms ... ......... ....................... .................. ........... .............. ......................... ............ ...........................:..................... 3
1 Article 9 - Bid Subnrittal......... .......................... ........................ .... ....... ................ ...... ................ ... ... ..... ........ ..... .................................. 3
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C-410 Bid Form for Construction Contracts
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ARTICLE 1- BID RECIPIENT
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1.01
This Bid is submitted to:
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Geri A. Sams
Augusta-Richmond County Purchasing Department
530 Greene Street - Room 605
Augusta, GA 30911
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1.02
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form
included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the
prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding
Documents.
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ARTICLE 2 - BIDDER'S ACKNOWLEDGKMENTS
2.01
Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing
with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for
such longer period of time that Bidder may agree to in writing upon request of Owner.
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ARTICLE 3 - BIDDER'S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents that:
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A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding
Documents, and the following Addenda, receipt of which is hereby acknowledged.
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Addendum No.
Addendum Date
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B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that
may affect cost, progress, and performance of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost,
progress and performance of the Work.
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D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and
. drawings of Hazardous Environmental Conditions that have been identified in SC-4.06.
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E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or
supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance
of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and
procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety
precautions and programs incident thereto.
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C-410 Bid Form for Construction Contracts
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F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and
in accordance with the other terms and conditions of the Bidding Documents.
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G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the
Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the
Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Bidding Documents.
1. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has
discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.
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1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions
for the performance of the Work for which this Bid is submitted.
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K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later
than the date of its execution of the Agreement.
ARTICLE 4 - FURTHER REPRESENTATIONS
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4.01
Bidder further represents that:
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A. this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not
submitted in conformity with any agreement or rules of any group, association, organization or corporation;
B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;
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C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and
D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.
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ARTICLE 5 - BASIS OF BID
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5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):
The cost of all Work other than Unit Price Work shall be determined as provided in Paragraph 11.01 of the General
Conditions plus, for all Unit Price Work, the amoUnts indicated below:
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Bidder will complete the WORK for the following BASE BID Total Lump Sum:
(words)
($
(numerals)
BID ALTERNATES
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Bidder will complete the WORK associated with ADD ALTERNATE NO.1 Total Lump Sum:
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(words)
Bidder will complete the WORK associated with ADD AL TERNA TE NO.2 Total Lump Sum:
($
(numerals)
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(words)
Bidder will complete the WORK associated with ADD AL TERNA TE NO.3 Total Lump Sum:
($
(numerals)
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(words)
Bidder will provide lump sum credit associated with DEDUCTIVE ALTERNATE NO.1 Total
Lump Sum:
($
(numerals)
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($
1
(words)
C-410 Bid Form for Construction Contracts
00410-2
(numerals)
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. McBean and Meadowbrook Park Improvements
Augusta-Richmond County Recreation and Parks
I ARTICLE 6 - TIME OF COMPLETION
Apri115,2008
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6.01
Bidder agrees that the Work will be substantially complete within 120 calendar days after the date when the Contract
Times commence to run as provided in Paragraph 2.03 of the General Conditions, and will be completed and ready for
final payment in accordance with Paragraph 14.07.B of the General Conditions within 150 calendar days after the date
when the Contract Times commence to run .
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Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Wark
within the Contract Times.
1 ARTICLE 7 - ATTACHMENTS TO TmS BID
6.02
7.01
The following documents are attached to and made a condition of this Bid:
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A. List of Proposed Subcontractors
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B. List of Proposed Suppliers
ARTICLE 8 - DEFINED TERMS
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8.01
The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General
Conditions, and the Supplementary Conditions.
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ARTICLE9-BIDSUBNUTTAL
9.01 This Bid submitted by:
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A Corporation
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Corporation Name:
(SEAL)
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State of Incorporation:
Type (General Business, Professional,. Service, Limited Liability):
By:
(Signature - attach evidence of authority to sign)
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Name (ryped or printed):
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Title:
(CORPORATE SEAL)
Attest:
(Signature of Corporate Secretary)
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Date of Qualification to do business in in the Sate of Georgia is _ "- ,,-.
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C-410 Bid Form for Construction Contracts
00410 - 3
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This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification.
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
[insert seals]
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General
[ seal]
Contractors of America
Construction Specifications Institute
[ seal]
This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the Construction
Contract (No. 1910-8, 1996 Edition). Their provisions are interrelated, and a change in one may necessitate a change in
the other. The suggested language for instructions of bidders contained in the Guide to the Preparation ofInstructions to
Bidders (No. 1910-12, 1996 Edition) is also carefully interrelated with the language of this Agreement. Comments
concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). See also Guide to the Preparation of
Supplementary Conditions (No. 1910-17, 1996 Edition).
EJCDC No. 191O-8-A-1 (1996 Edition)
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Note to User
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Certain states and federal agencies require provisions in public contracts which permit Contractors to
deposit acceptable securities with Owner or a stakeholder in lieu of retainage. Many Owners will not accept this
procedure except where required by Laws or Regulations. In the event such a procedure is required, the provisions
of this Agreement and possibly those of the other Contract Documents dealing with retainage should be amended,
and an attorney should be consulted to prepare the revised language. Among the issues to be addressed by such
language are: initial and subsequent valuations of the securities, right to withdraw excess collateral and obligation to
deposit additional collateral as market value changes, who is entitled to interest and dividends on deposited
collateral, responsibilities of stakeholder, may collateral be freely sold in the event of Contractor default and method
of such sale, and application of Uniform Commercial Code and state and federal security laws to the arrangement.
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Copyright @ 1996
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2715
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American Consulting Engineers Council
1015 15th Street, N.W., Washington, DC 20005
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American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
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Introduction
This Agreement between Owner and Contractor on the Basis of a Stipulated Price ("Agreement") has been prepared for
use with the Guide to the Preparation of Instructions to Bidders ("Instructions") (No. 1910-12, 1996 Edition) and with the
Standard General Conditions of the Construction Contract ("General Conditions") (No. 1910-8, 1996 Edition). Their provisions
are interrelated, and a change in one may necessitate a change in the others. Comments concerning their usage are contained in
the Commentary on Agreements for Engineering Services and Construction Related Documents ("Commentary") (No. 1910-9,
1996 Edition). For guidance in the preparation of Supplementary Conditions and coordination with Instructions to Bidders, see
Guide to the Preparation of Supplementary Conditions ("Supplementary Conditions") (No. 1910-17, 1996 Edition). See also
Guide to Preparation of the Bid Form ("Bid Form") (No. 1910-18, 1996 Edition). The EJCDC has not prepared a suggested form
of Advertisement or Invitation to Bid because such documents will vary widely in response to statutory requirements.
This form and the other Bidding Documents prepared and issued by the EJCDC assume acceptance of the Project
Manual concept of the Construction Specifications Institute which provides for an organizational format for location of all bound
documentary information for a construction project, namely: Bidding Requirements (which term refers to the Advertisement or
Invitation to Bid, the Instructions, and any bid form that may be suggested or prescribed, all of which provide information and
guidance for all Bidders) and the Contract Documents (defined in Article 1 of the General Conditions), which include the
Agreement, Bonds and Certificates, the General Conditions, the Supplementary Conditions, the Drawings, and the Specifications.
The Bidding Requirements are not considered part of the Contract Documents because much of their substance pertains to the
relationships prior to the award of the Contract and has little effect or impact thereafter and because many contracts are awarded
without going through the bidding process. In some cases, however, the actual Bid may be attached as an exhibit to the
Agreement to avoid extensive retyping. (The terms "Bidding Documents" and "Bidding Requirements" are defined in Article 1
of the General Conditions.) The Project Manual concept is explained in the Manual of Practice issued by the Construction
Specifications Institute.
Suggested language is presented herein with "Notes to User" to assist in preparing the Agreement. Much of the
language should be usable on most projects, but modifications and additional provisions will often be necessary. The suggested
language has been coordinated with the other standard forms produced by the EJCDC. When modifYing the suggested language
or writing additional provisions, the user must check the other documents thoroughly for conflicts and coordination of language
usage and make appropriate revisions in all affected documents.
For brevity, referenced paragraphs of the Instructions to Bidders with the prefix "I," those of the Bid Form with the
prefix "BF," and those of this Agreement with the prefix "A."
Refer to Contract Documents Bibliography (No. 1910-24, 1996 Edition), which will be helpful in preparing the
Agreement, and see in particular the discussions in EJCDC's Recommended Competitive Bidding Procedures for Construction
Projects ("Bidding Procedures") (No. 191O-9-D, 1987 Edition) by Robert 1. Smith, P.E., Esq., on the particular paragraphs of
which frequent reference is made below.
NOTES:
1. EJCDC publications may be ordered from NSPE headquarters at 1420 King Street, Alexandria VA 22314-2715; or
ACEC headquarters at 1015 15th Street NW, Washington DC 20005; or ASCE headquarters at 345 East 47th Street, New York
NY 10017.
2. CSI publications may be ordered from CSI headquarters at 601 Madison Street, Alexandria VA 22314.
3. AIA publications may be obtained from most local AIA chapter offices or by writing to AIA headquarters at 1735 New
York Avenue NW, Washington, DC 20006.
4. The Associated General Contractors of America has a series of construction related documents which may be of interest.
The AGC's Publications and Services Catalog may be obtained from AGC headquarters at 1957 E Street NW, Washington, DC
20006.
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EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
TillS AGREEMENT is by and between Augusta Recreation and Parks Department (hereinafter called OWNER)
and
1 J1 {(L LrMs!rlAl-i,of\, fA. .- (hereinafter called CONTRACTOR).
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OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described
as follows:
McBean and Meadowbrook Park Improvements
ARTICLE 3 - ENGINEER
3.01
The Project has been designed by Johnson, Laschober and Associates, Pc.
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and
have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work
in accordance with the Contract Documents. .
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated
in the Contract Documents are of the essence of the Contract.
4.02D~s to Achieve Substantial Completion and Final P~ment
A. The Work will be substantially completed in accordance with paragraph 2.03 of the General Conditions on or before
j2(days aft~ notice to proceed.
'50 ~:f:t,ti
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer
financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties
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involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but
not as a penalty), CONTRACTOR shall pay OWNER One Hundred dollars ($100.00) for each day that expires after the time
specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if
CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred dollars ($100.00) for each day that expires
after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready
for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Docmnents an amount in
current funds equal to the smn of the amounts determined pursuant to paragraphs 5.01.A, 5.01.B, and 5.01.C below:
@-:n>
Contract Lump Sum Amount $ 31./1t, S 00 - I ~ , 0 00 = 3J 7. SOD . ~
) , "
i3c", r3,J - Oed. A t+.
All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the
General Conditions.
B. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
6.02Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications
for Payment on or about the 15 day of each month during performance of the Work as provided in paragraphs 6.02.A.I and
6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General
Conditions (and in the case of Unit Price Work based on the nmnber of units completed) or, in the event there is no schedule of
values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage
indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER
may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:
a. 90% of Work completed (with the balance being retainage). If the Work has been 50% completed as
determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress
of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in
which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of
the Work completed less the aggregate of payments previously made; and
2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine in accordance with
paragraph 14.02.B.5 of the General Conditions.
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6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions,
OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the
Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect
cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or
supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate
to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR,
including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required
by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to
the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from
visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
H. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
ARTICLE 8 - MISCELLANEOUS
8.01 Any disposal of the solid fill shall meet or exceed local and federal requirements and regulations.
8.02 Terms used in this Agreement which are defined in Article I of the General Conditions will have the meanings
indicated in the General Conditions.
8.03 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on
another party hereto without the written consent of the party sought to be bound; and specifically but without
limitation moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the
00500-3
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contrary in any written consent to an assignment no assignment will release or discharge the assignor from any
duty or responsibility under the Contract Documents.
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8.04 Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other
party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements and
obligations contained in the Contract Documents.
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9.01 Contents
ARTICLE 9 - CONTRACT DOCUMENTS
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A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 6, inclusive);
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3. Notice of Award
2. Exhibits to this Agreement Bid Form
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5. General Conditions (pages 1 to 42, inclusive);
6. Supplementary Conditions (pages 1 to 4, inclusive);
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7. Specifications consisting of Divisions 01, 31 and 32 as listed in the table of contents thereof.
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8. Drawings consisting of a cover sheet and sheets numbered CS.l through MP-2, inclusive, with each sheet bearing
the following general title:
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CS.1
C-O
C-l
C-2
C-3
C3.1
C3.2
A-I
S-1
S-2
E-I
E-2
MP-l
MP-2
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C-1.MB
C-2.MB
C-2.IMB
A-l.MB
A-2.MB
S-O.MB
S-l.MB
E-l.MB
E-2.MB
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Cover Sheet
Existing Conditions Plan
Layout, Utility and Landscape Plan
Grading, Drainage & Erosion Control Plan
Miscellaneous Details
Miscellaneous Details
Miscellaneous Details
Pavilion Architecture
Plans, Sections and Elevation
Structural General Notes
Electrical Plans
Electrical Schedules and Notes
Plumbing and Exhaust Plans
Plumbing and Exhaust Schedules and Notes
Existing Conditions Plan
Site Plan
Miscellaneous Notes and Details
Miscellaneous Notes and Details
Pavilion Architecture
Picnic Table Cover, Plans, Sections & Details
General Notes
Pavilion Structural
Pavilion Electrical Plan and Details
Pavilion Electrical Schedules and Notes
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MP-1.MB
MP-2.MB
Phunbing and Exhaust Plans
Plumbing and Exhaust Schedules and Notes
9. Addenda
10. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed, inclusive;
b. CONTRACTOR's Bid, inclusive;
11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not
attached hereto:
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s).
B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or. supplemented as provided in paragraph 3.05 of the
General Conditions.
ARTICLEI0-NllSCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
I 10.02 Assignment of Contract
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A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto
without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other
party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who
agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
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10.05 Consent to Jurisdiction
A. All claims, disputes and other matters in question between the OWNER and the CONTRACTOR arising out or
related to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, GA.
The Contractor, by executing this Agreement, specifically consents to venue in Richmond County, GA and waives
any right to contest the venue in the Superior Court of Richmond County, GA. .
10.06 Retainage
A. Notwithstanding any prOVlSlon 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 duplicate. One counterpart each has
been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by
OWNER and CONTRACTOR or on their behalf
This Agreement will be effective on
(which is the Effective Date of the Agreement).
--
CO~OR
BY: ~
By:
~\u{
[CORPORATE SEAL]
Attest
Address for giving notices:
(7.d.OJ W,'Il,s
H(//IIlAloa h I
Fo/'P- rYJ Q rJ 1&1
&11 308' I 5'
. ~. \
,~r:;
- .-..;.,'
(If OWNER is a corporation, attach evidence of authority to
sign. If OWNER is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of OWNER-CONTRACTOR
Agreement. )
S7tJO
License No.
(Where applicable)
Agent for service of process: OoUlr WI !.. (Y}{) /'/& Ie
,~nU Qdttl/f!5> 4.5 ab~t}<
(If CONTRACTOR is a corporation or a partnership, attach
evidence of authority to sign.)
Designated Representative:
Designated Representative:
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Name:
Title:
Address:
Phone:
Facsimile:
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Name: Om) 11 VYJ~ W19tJ l~ Ie
Title: PresIde" f
Address: .sam l. ItS akov'l
Phone: 1 D ,,~ 5~a. - I~ f.{ J
Facsimile: /6(0- Stjb, - 9133
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McBean and Meadowbrook Park Improvements
Augusta-Richmond County Recreation and Parks
April 15, 2008
SECTION C-SSO NOTICE TO PROCEED
Notice to Proceed
Dated
Project: McBean and Meadowbrook Park
Improvements
IOwner: Augusta-Richmond County Recreation
land Parks
Contract:
Engineer's Project No.: 42.0701 & 42.0703
Contractor:
Contractor's Address: [send Certified Mail, Return Receipt Requested]
You are notified that the Contract Times under the above contract will commence to run on_. On or
before that date, you are to start performing your obligations under the Contract Documents. In accordance with
Article 4 of the Agreement, the number of days to achieve Substantial Completion is 120, and the number of days to
achieve readiness for fmal payment is 150.
Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you
and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds)
certificates of insurance which each is required to purchase and maintain in accordance with the Contract
Documents .
Also, before you may start any Work at the Site, you must [add other requirements]:
Owner
Given by:
Authorized Signature
Title
Dare
Copy to Engineer
C-SSO NOTICE TO PROCEED
Page 1 of!
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McBean and Meadowbrook Park Improvements
Augusta-Richmond County Parks arid Recreation
April 15, 2008
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SECTION C-625 Certificate of Substantial Completion
Certificate of Substantial Completion
Project: McBean Park Improvements
lowner: Augusta-Recreation and Parks
Contract:
Date of Contract:
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Contractor:
Enginee~s Project No.: 42.0701 & 42.0703
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This [tentative] [definitive] Certificate of Substantial Completion applies to:
o All Work under the Contract Documents:
o The following specified portions:
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Date of Substantial Completion
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The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer,
and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is
hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as
stated below.
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A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not be all-
inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in
accordance with the Contract Documents.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as provided in the Contract Documents except as amended as follows:
o Amended Responsibilities 0 Not Amended
Owner's Amended Responsibilities:
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Contractor's Amended Responsibilities:
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The following documents are attached to and made part of this Certificate:
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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
Date
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Accepted by Contractor
Date
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Accepted by Owner
Date
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C-625
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McBean and Meadowbrook Park Improvements April 15, 2008
Augusta-Richmond County Recreation and Parks
C-700 Standard General Conditions of the Construction Contract.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
C-700 Standard General Conditions of the Construction Contract.
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McBean and Meadowbrook Park Improvements
Augusta-Richmond County Recreation and Parks
April 15, 2008
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
-------
ACEC
fi National Society of
Professional Engineers
Professional Engineers in Private Practice
.SI'I!! American Society
ii=I ".. of Civil Engineers
AMF..RJC.o\.N COUNCU. OF ENGTNF..F.R1NG COMPANlES
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General Contractors of America
~ Knowledge for Creating
-.. and Sustaining
the Built Environment
Construction Specifications Institute
C-700 Standard General Conditions of the Construction Contract.
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Augusta-Riclunond County Recreation and Parks
April 15,2008
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Copyright @2002
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National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314 .
American Council of Engineering Companies
1015 15th Street, N.W., Washington, DC 20005
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American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
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These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and
Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a
change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and
Instructions (No. C-OOl) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the
Preparation of Supplementary Conditions (No. C-800) (2002 Edition).
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TABLE OF CONTENTS
Page
C-700 Standard General Conditions of the Construction Contract.
1
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Augusta-Richmond County Recreation and Parks
April 15,2008
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6.11 Use of Site and Other Areas...........................................
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ........................6..12.........Recor.dDn.cuments.........................................6...............
1.01 Defined Terms ...................... ......... .................................... .6..13......... Safety.and.Pr.atecliolJ.... ................. ... ............. 6....... ........
1.02 Terminology....................... ............................................... .6..1A......... Safety.R.epr.esentativ.e...... .............................. S...............
ARTICLE 2 - PRELIMINARY MATTERS......................................... .6..1S....... ..Hazard. Ca1JlJJ1J.JJ2i.cation. Erogr.ams...... ......... .9...............
2.01 Delivery of Bonds and Evidence of Insurance ...................6..1.6.........EIJ1.2r.ge.n.cies...................................................9...............
2.02 Copies of Documents........................................................ .6..11....... .. Shop. Drawings .and.Samples..... ....................9...............
2.03 Commencement of Contract Times; Notice to 6.18 Continuing the Work......................................................
Proceed 9 6.19 Contractor's General Warranty and
2.04 Starting the Work............................... ........... .................... .Guar.antee.................................................. ........ ............ 9.......... .....
2.05 Before Starting Construction............................................ .6.2.0..... ....hulemnijit:atwn......... ..................... ............. ...9....... ........
2.06 Preconstruction Conference.............................................. .6.2.1....... ..Delegatian.ajPr.afessianal.Design. Ser.vices..9...............
2.07 Initial Acceptance of Schedules.................................... ARTICLE. 7 .~..OIHERW.oRK. AT. THE.SITE.............. ...9...............
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, 7.01 Related Work at Site..............................:........................
AMENDING, REUSE ............................................. .............................1..02....... ..Caar.diJuJ1i.o.n.. ...... ... ........... ......... ..... ...... ... ..1 0.. ...... .......
3.01 Intent......... ................ ........................................................ 1..03....... .. Legal. ReJ.atialLShips ....... ............... ...............10....... ........
3.02 Reference Standards.................................................... .ARTICLE.'S.~. .oWNER:S. RESEONSIBIUTlES.. ..........10....... ........
3.03 Reporting and Resolving Discrepancies ........................... .8..0.1......... CamlJJ.1.lJ1ica1io.J:JS. to. Cantra.ctor.......... ..........10............ ...
3.04 Amending and Supplementing Contract 8.02 Replacement of Engineer ............................................... .
Documents ........................................................................................ .8..03......... Fur.nish Data.............................................. .11...............
3.05 Reuse of Documents............................. .................. ........... .8..04....... ..P.ay. .When. Due........................... ................ ..11..... ..........
3.06 Electronic Data.................. ...................................... ......... .8..0S.........Lands .and.Ease.m.ents;.Repor.ts. mul. .T.ests....ll....... ........
ARTICLE 4 - AVAILABILITY OF LANDS; 8.06 Insurance .......................................................................
SUB SURF ACE AND PHYSICAL CONDITIONS; 8.07 Change Orders ...............................................................
HAZARDOUS ENVIRONMENTAL CONDITIONS; 8.08 Inspections, Tests, and Approvals..................................
REFERENCE POINTS......................................................................... .8..09......... Limi1.aJ.ialLS. on. Ow.ner..'s .Respn.J:JSibilities.... .11...............
4.01 Availability of Lands ................................. .........................8..1.0.........11ndis.cl.osedHazar.daus.Envir.onmental......11
4.02 Subsurface and Physical Conditions................................ .Candition........................................ ........... ....... ......... ..12....... ........
4.03 Differing Subsurface or Physical Conditions.....................8..1.1.........Evidence.ajEiJumciaI.Al'r.angements..........12...............
4.04 Underground Facilities...... ........................................... ARTICLE. 9.~. ENGINEER'S .STAIUS .DURING..... .... .13
4.05 Reference Points........................................................... CONSTRUCTION.............. ....... ........................... ......... .13... ............
4.06 Hazardous Environmental Condition at Site ....................9..0.1.........0w.ner..'s.Repr.eseJltativ.e..............................13...............
ARTICLE 5 - BONDS AND INSURANCE ........................................9..02..........V,isits.to.Site.................................................lk..............
5.01 Performance, Payment, and Other Bonds.........................9..03.........Project.Repr.esentativ.e................................lit...............
5.02 Licensed Sureties and Insurers .........................................9..0A.........Authal'ized.Variatians.m...Wal'k....................15...............
5.03 Certificates of Insurance........................................... ........ 9..0S....... ..Rej.ecting.Dejec1iv.e. Wnr.k ................ .... ....... .15..:............
5.04 Contractor's Liability Insurance....................................... 9..0.6........ . Shop. Drawings,. CJumg.e. Orders. and ......... .15
5.05 Owner's Liability Insurance ........... ................ ..................P.ayments2.8.................................................................16
5.06 Property Insurance.......................................................... .9..0.7........ . Determinatwns jar. .UniJ. Eri.ce. Wor.k. ........ ..16...............
5.07 Waiver of Rights ................................................................9..0.8.........Decisions.an.Requir.ements..ofContr.act......17
5.08 Receipt and Application of Insurance Documents and Acceptability of Work...........................................
Proceeds 17 9.09 Limitations on Engineer's Authority and
5.09 Acceptance of Bonds and Insurance; Option Responsibilities .............:................................................................
to Replace ......... ............................................................................ ARTICLE. 1 O.~. CHANGES. IN. IHE.:\v.0RK;.CLAIMS.17...............
5.10 Partial Utilization, Acknowledgment of 10.01 Authorized Changes in the Work ...................................
Property Insurer................................................................................ .1.0_.02...... .llnauthor.ized. Changes. in. the. Wark........... .1S...............
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ......................ID..03.......Er.ecution.ofChange'Or.del's........................lS...............
6.01 Supervision and Superintendence................... .................. .1.0..04..... ..Natification. to. Sur.ety.................... ..... ......... .1S....... ........
6.02 . Labor; Working Hours........ .............................................. .1.0..0S...... . Claims. .......................................... ..... ........ ..lS... ............
6.03 Services, Materials, and Equipment..............................ARTICLE.ll.~.COSI.OF..THE.WORK.;.........................18
6.04 Progress Schedule................ ........................................ . ALLOWANCES; .UNIT.PRlCEWDRK.......... ............. ..1S...............
6.05 Substitutes and "Or-Equals".................................. .......... .1.1..0.1....... Cast of th.e .WO'l'k............... ....... .......... ......... .19...............
6.06 Concerning Subcontractors, Suppliers, and 11.02 Allowances ........:............................................................
Others 20 11.03 Unit Price Work..........:..................................................
6.07 Patent Fees and Royalties .............................................ARTICLE.12.~.CHANGE'OE.CONIRACT.PRlCE;.....21
6.08 Permits....................... ..................................... .............. CHANGE.OE .CONIUCT. IIMES.. ........... ................. .21.... ...... .....
6.09 Laws and Regulations ......... ............................................. ..12..0.1. ...... ChangenfCDntr.act Er.ice........... .......... ..... ..21........ .......
6.10 Taxes................ .:......... ....................... ................... .......... ...12..02... ....Change nfCDntr.act.Times........ .... ..... ........ ..22....... ........
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McBean and Meadowbrook Park Improvements
Augusta-Richmond County Recreation and Parks
April 15,2008
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12.03 Delays ................................................................................................................................ ....................................33
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK ...................................................................................................................................................................33
13.01 Notice of Defects ...... .;.. .............................. ......... ..... ......................................... ......................... ............... ......... ... ..33
13.02 Access to Work ............... ......... ................................ ..... ............~.................... .................... .......... ............ ......... .... ..33
13.03 Tests and Inspections.............................................. ...................... ............ ..... ............................. ..... ..... ... ............ ..33
13.04 Uncovering Work......... ............. ................................ .................................... ...................................... .... .... .......... .34
13.05 Owner May Stop the Work .....................................................................................................................................34
13.06 Correction or Removal of Defective Work...................... .............................. ............ .................. .............. ......... ....34
13.07 Correction Period........~............................... ............. .................................... ............ ................ ................ ............ .34
13.08 Acceptance of Defective Work........ ............................. :.... .......... .................. .... ......................... ............. .... .......... .35
13.09 Owner May Correct Defective Work................... .............. ......................... ................ ............... ......... ....... ... ......... .35
ARTICLE 14 -PAYMENTS TO CONTRACTOR AND
COMPLETION ......................................... .................................................................................................................................36
14.01 Schedule of Values........................................................... ................................................. ...................... ........... ....36
14.02 Progress Payments....... ...................................... ................................... ...................................... ............ ..... ...... ....36
14.03 Contractor's Warranty of Title................................. ........ .......... ........ ...... .... .... ............. .................... ................. ...37
14.04 Substantial Completion .............................................................. ............... .... ...... ........................ ............ ..... ..... .....":3 7
14.05 Partial Utilization ..................................................... .................. .................. ................. ... .......... .......................... .38
14.06 Final Inspection.. ......... ..... ................................. ....................................... .... .... ............... ...... ............ .......... ..... ..... 38
14.07 Final Payment ..... ....... .......... ............................... ...... ................. ......... ....:. .... .... ......... ................. ....... ..... ........ .......38
14.08 Final Completion Delayed.............................. .... ...... .................................... .... ......... ................. ..... ....... ..... ..... .....39
14.09 Waiver of Claims.................. ............ ...... ..... ........................................ ..... ..... ............ ..... ... ............................. ..... ...39
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION........................................................................................................................................................................39
15.01 Owner May Suspend Work......... .... ........... ............... ................. .................... .............. ..... ........... ....... ..... ..... ....... ...39
15.02 Owner May Terminate for Cause.......... ..................................................................... .................... ......... ... .......... ..39
15.03 Owner May Terminate For Convenience................. ............... ........................ ............................. ........................ ..40
15.04 Contractor May Stop Work or Terminate ..............................................................................................................40
ARTICLE 16 - DISPUTE RESOLUTION........... ....................... ................................................ .:.............. ......... .....................41
16.01 Methods and Procedures....................................................... .......................... .... ................................ ............. ... ..41
ARTICLE 17 - MISCELLANEOUS ............................... ... ................... .......................... .... ............. .......... ............... .............. ..41
17.01 Giving Notice.......................................................... ................................................................. ................ ............ ..41
17.02 Computation of Times........................ ............. .... .............. ..............:................ ........... .... .............. ........... .......... ....41
17.03 Cumulative Remedies ..................... ............. ...................... .......... .......... ..... .... .............................. ........ ........ ....... ....41
17.04 Survival of Obligations..... ........................ ............... ......... ......... .............. ................................... ........................ ...41
17.05 Controlling Law....... ...................... .......... .............. .................................. ..... .... ........ ................ ..... ............. ........ ...41
17.06 Headings.. ........ .......... ........................ .................. .......... ...... ........... ..... ........ ..........:...... ........................ ..... ...... .... ..41
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C-700 Standard General Conditions of the Construction Contract.
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GENERAL CONDITIONS
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ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
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1.01 Defined Terms
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A. Wherever used in the Bidding Requirements
or Contract Documents and printed with initial capital
letters, the terms listed below will have the meanings
indicated which are applicable to both the singular and
plural thereof. In addition to terms specifically defmed,
terms with initial capital letters in the Contract
Documents include references to identified articles and
paragraphs, and the titles of other documents or forms.
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1. Addenda--Written or graphic instruments
issued prior to the opening of Bids which clarify, correct,
or change the Bidding Requirements or the proposed
Contract Documents.
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2. Agreement-- The written instrument which is
evidence of the agreement between Owner and Contractor
covering the Work.
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3. Application for Payment-- The form acceptable
to Engineer which is to be used by Contractor during the
course of the Work in requesting progress or fmal
payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
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4. Asbestos--Any material that contains more
than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels
established by the United States Occupational Safety and
Health Administration.
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5. Bid--The offer or proposal of a Bidder
submitted on the prescribed form setting forth the prices
for the Work to be performed.
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6. Bidder-- The individual or entity who submits
a Bid directly to Owner.
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7. Bidding
Requirements and the
(including all Addenda).
Documents-- The Bidding
proposed Contract Documents
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8. Bidding Requirements-- The Advertisement or
Invitation to Bid, Instructions to Bidders, bid security of
acceptable form, if any, and the Bid Form with any
supplements.
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9. Change 'Order--A document recommended by
Engineer which is signed by Contractor and Owner and
authorizes an addition, deletion, or revision in the Work
April 15,2008
or an adjustment in the Contract Price or the Contract
Times, issued on or after the Effective Date of the
Agreement.
10. Claim--A demand or assertion by Owner or
Contractor seeking an adjustment of Contract Price or
Contract Times, or both, or other relief with respect to the
terms of the Contract. A demand for money or services by
a third party is not a Claim.
11. Contract-- The entire and integrated written
agreement between the Owner and Contractor concerning
the Work. The Contract supersedes prior negotiations,
representations, or agreements, whether written or oral.
12. Contract Documents-- Those items so
designated in the Agreement. Only printed or hard copies
of the items listed in the Agreement are Contract
Documents. Approved Shop Drawings, other Contractor's
submittals, and the reports and drawings of subsurface
and physical conditions are not Contract Documents.
13. Contract Price--The moneys payable by
Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of Paragraph 11.03
in the case of Unit Price Work).
14. Contract Times--The number of days or the
dates stated in the Agreement to: (i) achieve Milestones, if
any, (ii) achieve Substantial Completion; and (iii) com-
plete the Work so that it is ready for fmal payment as
evidenced by Engineer's written recommendation of final
payment.
15. Contractor-- The individual or entity with
whom Owner has entered into the Agreement.
16. Cost of the Work--See Paragraph 11.01.A for
definition.
17. Drawings-~ That part of the Contract
Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the
Work to be performed by Contractor. Shop Drawings and
other Contractor submittals are not Drawings as so
defmed.
18. Effective Date of the Agreement--The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
19. Engineer-- The individual or entity named as
such in the Agreement.
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C-700 Standard General Conditions of the Construction Contract.
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McBean and Meadowbrook Park Improvements
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20. Field Order--A written order issued by
Engineer which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
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21. General Requirements--Sections of Division
1 of the Specifications. The General Requirements pertain
to all sections of the Specifications.
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22. Hazardous Environmental Condition-- The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities 'or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
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23. Hazardous Waste--The term Hazardous
Waste shall have the meaning provided in Section 1004 of
the Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
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24. Laws and Regulations; Laws or Regulations-
-Any and all applicable laws, rules, regulations, ordinanc-
es, codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
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25. Liens--Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
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26. Milestone--A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
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27. Notice of Award--The written notice by
Owner to the Successful Bidder stating that upon timely
compliance by the Successful Bidder with the conditions
precedent listed therein, Owner will sign and deliver the
Agreement.
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28. Notice to Proceed--A written notice given by
Owner to Contractor fixing the date on which the Con-
tract Times will commence to run and on which
Contractor shall start to perform the Work under the
Contract Documents.
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29. Owner--The individual or entity with whom
Contractor has entered into the Agreement and for whom
the Work is to be performed.
30. PCBs--Polychlorinated biphenyls.
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31. Petroleum--Petroleum, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
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April 15,2008
kerosene, and oil mixed with other non-Hazardous Waste
and crude oils.
32. Progress Schedule--A schedule, prepared and
maintained by Contractor, describing the sequence and
duration of the activities comprising the Contractor's plan
to accomplish the Work within the Contract Times.
33. Project--The total construction of which the
Work to be performed under the Contract Documents may
be the whole, or a part.
34. Project Manual-- The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table( s) of contents.
35. Radioactive Material--Source, special nucle-
ar, or byproduct material as defined by the Atomic Energy
Act of 1954 (42 USC Section 2011 et seq.) as amended
from time to time.
36. Related Entity -- An officer, director, partner,
employee, agent, consultant, or subcontractor.
37. Resident Project Representative--The autho-
rized representative of Engineer who may be assigned to
the Site or any part thereof.
38. Samples--Physical examples of materials;
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Schedule ofSubmittals--A schedule, prepared
and maintained by Contractor, of required submittals and
the time requirements to support scheduled performance
of related construction activities.
40. Schedule of Values--A schedule, prepared
and maintained by Contractor, allocating portions of the
Contract Price to various portions of the Work and used
as the basis for reviewing Contractor's Applications for
Payment.
41. Shop Drawings--All drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to illustrate some
portion of the Work.
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C-700 Standard General Conditions ofthe Construction Contract.
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. 42. Site--Lands or areas indicated in the Contract
Documents as being furnished by Owner upon which the
Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands
furnished by Owner which are designated for the use of
Contractor.
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43. Specifications--That part of the Contract
Documents consisting of written requirements for
materials, equipment, systems, standards and
workmanship as applied to the Work, and certain
administrative requirements and procedural matters
applicable thereto.
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44. Subcontractor--An individual or entity
having a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the Work
at the Site.
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45. Substantial Completion--The time at which
the Work (or a specified part thereof) has progressed to
the point where, in the opinion of Engineer, the Work (or
a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms "substantially
complete" and "substantially completed" as applied to all
or part of the Work refer to Substantial Completion
thereof.
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46. Successful Bidder-- The Bidder submitting a
responsive Bid to whom Owner makes an award.
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47. Supplementary Conditions--That part of the
Contract Documents which amends or supplements these
General Conditions.
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48. Supplier--A manufacturer, fabricator, suppli-
er, distributor, materialman, or vendor having a direct
contract with Contractor or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by Contractor or any Subcontractor.
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49. Underground Facilities--All underground
pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and
any encasements containing such facilities, including
those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other
liquids or chemicals, or traffic or other control systems.
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50. Unit Price Work--Work to be paid for on the
basis of unit prices.
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51. Work-- The entire construction or the various
separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes
April 15, 2008
and is the result of performing or providing all labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the Contract Documents.
52. Work Change Directive--A written statement
to Contractor issued on or after the Effective Date of the
Agreement and signed by Owner and recommended by
Engineer ordering an addition, deletion, or revision in the
Work, or responding to differing or unforeseen subsurface
or physical conditions under which the Work is to be
performed or to emergencies. A Work Change Directive
will not change the Contract Price or the Contract Times
but is evidence that the parties expect that the change
ordered or documented by a Work Change Directive Will
be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times.
1.02 Terminology
A. The following words or terms are not defmed
but, when used in the Bidding Requirements or Contract
Documents, have the following meaning.
B. Intent of Certain Terms or Adjectives
1. The Contract Documents include the terms "as
allowed," "as approved," "as ordered", "as directed" or
terms of like effect or import to authorize an exercise of
professional judgment by Engineer. In addition, the
adjectives "reasonable," "suitable," "acceptable,"
"proper," "satisfactory," or adjectives of like effect or
import are used to describe an action or determination of
Engineer as to the Work. It is intended that such exercise
of professional judgment, action or determination will be
solely to evaluate, in general, the Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of
the completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any
such term or adjective is not intended to and shall not be
effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Work or any
duty or authority to undertake responsibility contrary to
the provisions of Paragraph 9.09 or any other provision of
the Contract Documents.
C. Day
1. The word "day" means a calendar day
of 24 hours measured from midnight to the next midnight.
D. Defective
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McBean and Meadowbrook Park Improvements
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1. The word "defective," when modifying the
word "Work," refers to Work that is unsatisfactory,
faulty, or deficient in that it:
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a. does not conform to the Contract Documents,
or
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b. does not meet the requirements of any
applicable inspection, reference standard, test, or
approval referred to in the Contract Documents,
or
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c. has been damaged prior to Engineer's -
recommendation of [mal payment (unless
responsibility for the protection thereof has been
assumed by Owner at Substantial Completion in
accordance with Paragraph 14.04 or 14.05).
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E. Furnish, Install, Perform, Provide
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1. The word "furnish," when used in conne~tion
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
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2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in [mal position said services, materials,
or equipment complete and ready for intended use.
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3. The words "perform" or "provide," when used
in connection with services, materials, or equipment, shall
mean to furnish and install said services, materials, or
equipment complete and ready for intended use.
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4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of
Contractor, "provide" is implied.
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F. Unless stated otherwise in the Contract Docu-
ments, words or phrases which have a well-known
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with such
recognized meaning.
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ARTICLE 2 - PRELIMINARY MATTERS
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2.01 Delivery of Bonds and Evidence of Insurance
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A. When Contractor delivers the executed
counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be
required to furnish.
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April 15,2008
B. Evidence of Insurance: Before any Work at
the Site is started, Contractor and Owner shall each
deliver to the other, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance which either
of them or any additional insured may reasonably request)
which Contractor and Owner respectively are required to
purchase and maintain in accordance with Article 5.
2.02 Copies of Documents
A. Owner shall furnish to Contractor up to ten
printed or hard copies of the Drawings. and Project
Manual. Additional copies will be furnished upon request
at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to
Proceed
A. The Contract Times will commence to run on
the thirtieth day after the Effective Date of the Agreement
or, if a Notice to Proceed is given, on the day indicated in
the Notice to Proceed. A Notice to Proceed may be given
at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times com-
mence to run later than the sixtieth day after the day of
Bid opening or the thirtieth day after the Effective Date of
the Agreement, whichever date is earlier.
2.04 Starting the Work
A. Contractor shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which
the Contract Times commence to run.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days after
the Effective Date of the Agreement (unless otherwise
specified in the General Requirements), Contractor shall
submit to Engineer for timely review:
1. a preliminary Progress Schedule; indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail to
serve as the. basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
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2.06 Preconstruction Conference
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A. Before any Work at the Site is started, a
conference attended by Owner, Contractor, Engineer, and
others as appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in Paragraph 2.05.A,
procedures for handling Shop Drawings and other
submittals, processing Applications for Payment, and
maintaining required records.
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2.07
Initial Acceptance of Schedules
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A. At least 10 days before submission of the first
Application for Payment a conference attended by
Contractor, Engineer, and others as appropriate will be
held to review for acceptability to Engineer as provided
below the schedules submitted in accordance with
Paragraph 2.05.A. Contractor shall have an additional 10
days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be
made to Contractor until acceptable schedules are
submitted to Engineer.
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1. The Progress Schedule will be acceptable to
Engineer if it provides an orderly progression of the Work
to completion within the Contract Times. Such acceptance
will not impose on Engineer responsibility for the
Progress Schedule, for sequencing, scheduling, or
progress of the Work nor interfere with or relieve
Contractor from Contractor's full responsibility therefor.
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2. Contractor's Schedule of Submittals will be
acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required
submittals.
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3. Contractor's Schedule of Values will be
acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work.
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ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
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3.01 Intent
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A. The Contract Documents are complementary;
what is required by one is as binding as if required by all.
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B. It is the intent of the Contract Documents to
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract Docu-
ments. Any labor, documentation, services, materials, or
equipment that may reasonably be . inferred from the
Contract Documents or from prevailing custom or trade
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April 15, 2008
usage as being required to produce the intended result will
be provided whether or not specifically called for at no
additional cost to Owner.
C. Clarifications and interpretations of the
Contract Documents shall be issued by Engineer as
provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
1. Reference to standards, specifications,
manuals, or codes of any technical society, organization,
or association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the
Contract Documents.
2. No proVISIon of any such standard,
specification, manual or code, or any instruction of a
Supplier shall be effective to change the duties or
responsibilities of Owner, Contractor, or Engineer, or any
of their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents. No such
provision or instruction shall be effective to assign to
Owner, or Engineer, or any of, their Related Entities, any
duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake respon-
sibility inconsistent with the provisions of the Contract
Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. Contractor's Review of Contract Documents
Before Starting Work: Before undertaking each part of the
Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent
figures therein and all applicable field measurements.
Contractor shall promptly report in writing to Engineer
any conflict, error, ambiguity, or discrepancy which
Contractor may discover and shall obtain a written
interpretation or clarification from Engineer before
proceeding with any Work affected thereby.
2. Contractor's Review of Contract Documents
During Performance of Work: If, during the performance
of the Work, Contractor discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents
or between the Contract Documents and any provision of
any Law or Regulation applicable to the performance of
the Work or of any standard, specification, manual or
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C-700 Standard General Conditions of the Construction Contract.
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McBean and Meadowbrook Park Improvements
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code, or of any instruction of any Supplier, Contractor
shall promptly report it to Engineer in writing. Contractor
shall not proceed with the Work affected thereby (except
in an emergency as required by Paragraph 6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
Paragraph 3.04.
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3. Contractor shall not be liable to Owner or
Engineer for failure to report any conflict, error, ambigu-
ity, or discrepancy in the Contract Documents unless
Contractor knew or reasonably should have known
thereof.
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B. Resolving Discrepancies
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1. Except as may be otherwise specifically stated
in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
,conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
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a. the provisions of any standard, specification,
manual, code, or instruction (whether or not
specifically incorporated by reference in the
Contract Documents); or
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b. the provisions of any Laws or Regulations
applicable to the' performance of the Work
(unless such an interpretation of the provisions
of the Contract Documents would result in viola-
tion of such Law or Regulation).
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3.04 Amending and Supplementing
Documents
Contract
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A. The Contract Documents may be amended to
provide for additions, deletions, and revisions in the Work
or to modify the terms and conditions thereof by either a
Change Order or a Work Change Directive.
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B. The requirements of the Contract Documents
may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more
of the following ways:
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1. A Field Order;
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2. Engineer's approval of a Shop Drawing or
Sample; (Subject to the provisions of Paragraph
6.17.D.3); or
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3. Engineer's written interpretation or
clarification.
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April 15,2008
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier
or other individual or entity performing or furnishing all
of the Work under a direct or indirect contract with
Contractor, shall not:
1. have or acquire any title to or ownership
rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer or Engineer's consultants,
including electronic media editions; or
2. reuse any of such Drawings, Specifications,
other documents, or copies thereof on extensions
of the Project or any other project without written consent
of Owner and Engineer and specific written verification
or adaption by Engineer.
B. The prohibition of this Paragraph 3.05 will
survive [mal payment, or termination of the Contract.
Nothing herein shall preclude Contractor from retaining
copies of the Contract Documents for record purposes.
3.06 Electronic Data
A. Copies of data furnished by Owner or
Engineer to Contractor or Contractor to Owner or
Engineer that may be relied upon are limited to the
printed copies (also known as hard copies). Files in
electronic media format of text, data, graphics, or other
types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained
or derived from such electronic files will be at the user's
sole risk. If there is a discrepancy between the electronic
files and the hard copies, the hard copies govern.
B. Because data stored in electronic media
format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the
party receiving electronic files agrees that it will perform
acceptance tests or procedures within 60 days, after which
the receiving party shall be deemed to have accepted the
data thus transferred. Any errors detected within the 60-
day acceptance period will be corrected by the
transferring party..
C. When transferring documents in electronic
media format, the transferring party makes no
representations as to long term compatibility, usability, or
readability of documents resulting from the use of
software application packages, operating systems, or
computer hardware differing from those used by the
data's creator.
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B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or C. Possible Price and Times Adjustments
C-700 Standard General Conditions of the Construction Contract.
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ARTICLE 4 AVAILABILITY
SUBSURFACE AND PHYSICAL
HAZARDOUS ENVffiONMENTAL
REFERENCE POINTS
OF LANDS;
CONDITIONS;
CONDITIONS;
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4.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall
notify Contractor of any encumbrances or restrictions not
of general application but specifically related to use of the
Site with which Contractor must comply in performing
the Work. Owner will obtain in a timely manner and pay
for easements for permanent structures or permanent
changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or
extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of any delay in
Owner's furnishing the Site or a part thereof, Contractor
may make a Claim therefor as provided in Paragraph
10.05.
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B. Upon reasonable written request, Owner shall
furnish Contractor with a current statement of record legal
title and legal description of the lands upon which the
Work is to be performed and Owner's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
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C. Contractor shall provide for all additional
lands and access thereto that may be required for
temporary construction facilities or storage of materials
and equipment.
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4.02 Subsurface and Physical Conditions
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A. Reports and Drawings: The Supplementary
Conditions identify:
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1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
Engineer has used in preparing the Contract Documents;
and
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2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities)
that Engineer has used in preparing the Contract
Documents.
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April 15, 2008
'make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques,
sequences, and procedures of construction to be employed
by Contractor, and safety precautions and programs
incident thereto; or
2. other data, interpretations, opinions, and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsur-
face or physical condition at or contiguous to the Site that
is uncovered or revealed either:
1. is of such a nature as to establish that any
"technical data" on which Contractor is entitled to rely as
provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
3. differs materially from that shown or indicated
in the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then Contractor shall, promptly after becoming aware
thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connec-
tion therewith (except in an emergency as required by
Paragraph 6.16.A), notify Owner and Engineer in writing
about such condition. Contractor shall not further disturb
such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written
order to do so.
B. Engineer's Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the
necessity of Owner's obtaining additional exploration or
tests with respect thereto, and advise Owner in writing
(with a copy to Contractor) of Engineer's findings and
conclusions.
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1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in Contractor's
cost of, or time required for, performance of the Work;
subject, however, to the following:
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a. such condition must meet anyone or more of
the categories described in Paragraph 4.03.A;
and
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b. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price
will be subject to the provisions of Paragraphs
9.07 and 11.03.
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2. Contractor shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
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a. Contractor knew of the existence of such
conditions at the time Contractor made a final
commitment to Owner with respect to Contract
Price and Contract Times by the submission of a
Bid or becoming bound under a negotiated
contract; or
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b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examination, investigation, explo-
ration, test, or study of the Site and contiguous
areas required by the Bidding Requirements or
Contract Documents to be conducted by or for
Contractor prior to Contractor's making such
flllalcommitment;or
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c. Contractor failed to give the written notice as
required by Paragraph 4.03.A.
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3. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times,
or both, a Claim may be made therefor as provided in
Paragraph 10.05. However, Owner and Engineer, and any
of their Related Entities shall not be liable to Contractor.
for any claims, costs, losses, or damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
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4.04 Underground Facilities
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A. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facllities at or
contiguous to the Site is based on information and data
Apri115,2008
furnished to Owner or Engineer by the owners of such
Underground Facilities, including Owner, or by others.
Unless it is otherwise expressly provided in the Sup-
plementary Conditions: .
1. Owner and Engineer shall not be responsible
for the accuracy or completeness of any such information
or data; and
2. the cost of all of the following will be
included in the Contract Price, and Contractor shall have
full responsibility for:
a. reviewing and checking all such information
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
- c. coordination of the Work with the owners of
such Underground Facilities, including Owner,
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, Contractor shall,
promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as
required by Paragraph 6.16.A), identify the owner of such
Underground Facility and give written notice to that
owner and to Owner and Engineer. Engineer will
promptly review the Underground Facility and determine
the extent, if any, to which a change is required in the
Contract Documents to reflect and document the
consequences of the existence or location of the Under-
ground Facility. During such time, Contractor shall be
responsible for the safety and protection of such
Underground Facility.
2. If Engineer concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price or Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated
with reasonable accuracy in the Contract Documents and
that Contractor did not know of and could not reasonably
have been expected to be aware of or to have anticipated.
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If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustment in Contract Price or Contract Times,
Owner or Contractor may make a Claim therefor as
provided in Paragraph 10.05.
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4.05 Reference Points
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A. Owner shall provide engineering surveys to
establish reference points for construction which in
Engineer's judgment are necessary to enable Contractor
to proceed with the Work. Contractor shall be responsible
for laying out the Work, shall protect and preserve the
established reference points and property monuments, and
shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to
Engineer whenever any reference point or property
monument is 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 or property
monuments by professionally qualified personnel.
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4.06 Hazardous Environmental Condition at Site
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A. Reports and Drawings: Reference is made to
the Supplementary Conditions for the identification of
those reports and drawings relating to a Hazardous
Environmental Condition identified at the Site, if any, that
have been utilized by the Engineer in the preparation of
the Contract Documents.
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B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings. are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
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1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques, sequences
and procedures of construction to' be employed by
Contractor and safety precautions and programs incident
thereto; or
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2. other data, interpretations, opllllons and
information contained in such reports or shown or
indicated in such drawings; or
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3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions or information.
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April 15,2008
C. Contractor shall not be responsible for any
Hazardous Environmental Condition uncovered or re-
vealed at the Site which was not shown or indicated in
Drawings or Specifications or identified in the Contract
Documents to be within the scope of the Work.
Contractor shall be responsible for a Hazardous
Environmental Condition created with any materials
brought to the Site by Contractor, Subcontractors,
Suppliers, or anyone else for whom Contractor is
responsible.
D. If Contractor encounters a Hazardous
Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous
Environmental Condition, Contractor shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all
Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
Paragraph 6.16.A); and (iii) notify OWner and Engineer
(and promptly thereafter confirm such notice in writing).
Owner shall promptly consult with Engineer concerning
the necessity for Owner to retain a qualified expert to
evaluate such condition or take corrective action, if any.
E. Contractor shall not be required to resume
Work in connection with such condition or in any affected
area until after Owner has obtained any required permits
related thereto and delivered to Contractor written notice:
(i) specifying that such condition and any affected area is
or has been rendered safe for the resumption of Work; or
(ii) specifying any special conditions under which such
Work may be resumed safely. If Owner and Contractor
cannot agree as to entitlement to or on the amount or
extent, if any, of any adjustment in Contract Price or
Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is
agreed to be resumed by Contractor, either party may
make a Claim.therefor as provided in Paragraph 10.05.
F. If after receipt of such written notice
Contractor does not agree to resume such Work based on
a .reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
Owner may order the portion of the Work that is in the
area affected by such condition to be deleted from the
Work. If Owner and Contractor cannot agree as to
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result
of deleting such portion of the Work, then either party
may make a Claim therefor as provided in Paragraph
10.05. Owner may have such deleted portion of the Work
. performed by Owner's own forces or others in accordance
with Article 7.
G. To the fullest extent permittedbYuLaws and
Regulations, Owner shall indemnify and hold harmless
Contractor, Subcontractors, and Engineer, and the
officers, directors, partners, employees, agents,
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consultants, and subcontractors of each and any of them
from and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to a Hazardous
Environmental Condition, provided that such Hazardous
Environmental Condition: (i) was not shown or indicated
in the Drawings or Specifications or identified in the
Contract Documents to be included within the scope of
the Work, and (ii) was not created by Contractor or by
anyone for whom Contractor is responsible. Nothing in
this Paragraph 4.06. G shall obligate Owner to indemnify
any individual or entity from and against the conse-
quences of that individual's or entity's own negligence.
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H. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants, and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition
created by Contractor or by anyone for whom Contractor
is responsible. Nothing in this Paragraph 4.06.H shall
obligate Contractor to indemnify any individual or entity
from and against the consequences of that individual's or
entity's own negligence.
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I. The provisions of Paragraphs 4.02, 4.03, and
4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
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ARTICLE 5 - BONDS AND INSURANCE
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5.01 Performance, Payment, and Other Bonds
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A. Contractor shall furnish performance and
payment bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all of Contractor's obligations under the
Contract Documents. These bonds shall remain in effect
until one year after the date when [mal payment becomes
due or until completion of the correction period specified
in Paragraph 13.07, whichever is later, except as provided
otherwise by Laws or Regulations or by the Contract
Documents. Contractor shall also furnish such other
bonds as are required by the Contract Documents.
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B. All bonds shall be in the form prescribed by
the Contract Documents except as provided otherwise by
Laws or Regulations, and shall be executed by such
sureties as are named in the current list of "Companies
April 15, 2008
Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Compa-
nies" as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S.
Department of the Treasury. All bonds signed by an agent
must be accompanied by a, certified copy of the agent's
authority to act.
c. 'If the surety on any bond furnished by
Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in any state where
any part of the Project is located or it ceases to meet the
requirements of Paragraph 5.01.B, Contractor shall
promptly notify Owner and Engineer and shall, within 20
days after the event giving rise to such notification,
provide another bond and surety, both of which shall
comply with the requirements of Paragraphs 5.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the
Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or
insurance companies that are duly licensed or authorized
in the jurisdiction in which the Project is located to issue
bonds or insurance policies for the limits and coverages
so required. Such surety and insurance companies shall
also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.03 Certificates of Insurance
A. Contractor shall deliver to Owner, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Owner or any other additional
insured) which Contractor is required to purchase and
maintain.
B. Owner shall deliver to Contractor, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Contractor or any other
additional insured) which Owner is required to purchase
and maintain.
5.04 Contractor's Liability Insurance
A. Contractor shall purchase and maintain such
liability and other insurance as is appropriate for the
Work being performed and as will provide protection
from claims set forth below which may arise out of or
result from Contractor's performance of the Work and
Contractor's other obligations under the Contract
Documents, whether it is to be performed by Contractor,
any Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform any of the
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Work, or by anyone for whose acts any of them may be
liable:
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1. claims under
disability benefits, and other
acts;
workers' compensation,
similar employee benefit
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2. claims for damages because of bodily injury,
occupational sickness or disease, or death of Contractor's
employees;
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3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
Contractor's employees;
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4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained:
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a. by any person as a result of an offense directly
or indirectly related to the employment of such
person by Contractor, or
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b. by any other person for any other reason;
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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; and
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6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
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B. The policies of insurance required by this
Paragraph 5.04 shall:
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1. with respect to insurance required by
Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include
as additional insured (subject to any customary exclusion
regarding professional liability) Owner and Engineer, and
any other individuals or entities identified in the Supple-
mentary Conditions, all of whom shall be listed as addi-
tional insureds, and include coverage for the respective
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of all such
additional insureds, and the insurance afforded to these
additional insureds shall provide primary coverage for all
claims covered thereby;
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2. include at least the specific coverages and be
written for .not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
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3. include completed operations insurance;
April 15,2008
4. include contractual
covering Contractor's indemnity
Paragraphs 6.11 and 6.20;
liability insurance
obligations under
5. contain a provision or endorsement that the
coverage afforded will' not be canceled, materially
changed or renewal refused until at least 30 days prior
written notice has been given to Owner and Contractor
and to each other additional insured identified in the
Supplementary Conditions to whom a certificate of
insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to
Paragraph 5.03 will so provide);
6. remain in effect at least until final payment
and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work in
accordance with Paragraph 13.07; and
7. with respect to completed operations insur-
ance, and any insurance coverage written on a claims-
made basis, remain in effect for at least two years after
final payment.
.a. Contractor shall furnish Owner and each other
additional insured identified in the Supple-
mentary Conditions, to whom a certificate of
insurance has been issued, evidence satisfactory
to Owner and any such additional insured of
continuation of such insurance at final payment
and one year thereafter.
5.05
Owner's Liability Insurance
A. In addition to the insurance required to be
provided by Contractor under Paragraph 5.04, Owner, at
Owner's option, may purchase and maintain at Owner's
expense Owner's own liability insurance as will protect
Owner against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supple-
mentary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the
amount of the full replacement cost thereof (subject to
such deductible amounts as may be provided in the
Supplementary Conditions or required by Laws and
Regulations). This insurance shall:
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1. include the interests of Owner, Contractor,
Subcontractors, and Engineer, and any other individuals
or entities identified in the Supplementary Conditions,
and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an insured or additional insured;
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2. be written ona Builder's Risk "all-risk" or
open peril or special causes of loss policy form that shall
at least include insurance for physical loss or damage to
the Work, temporary buildings, false work, and materials
and equipment in transit, and shall insure against at least
the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, (other than caused by flood)
and such other perils or causes of loss as may be specifi-
cally required by the Supplementary Conditions;
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3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
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4. cover materials and equipment stored at the
Site or at another location that was agreed to in writing by
Owner prior to being incorporated in the Work, provided
that such materials and equipment have been included in
an Application for Payment recommended by Engineer;
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5. allow for partial utilization of the Work by
Owner;
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6. include testing and startup; and
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7. be maintained in effect until [mal payment is
made unless otherwise agreed to in writing by Owner,
Contractor, and Engineer with 30 days written notice to
each other additional insured to whom a certificate of
insurance has been issued.
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. B. Owner shall purchase and maintain such
boiler and machinery insurance or additional property
insurance as may be required by the Supplementary
Conditions or Laws and Regulations which will include
the interests of Owner, Contractor, Subcontractors, and
Engineer, and any other individuals or entities identified
in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, consultants and
subcontractors of each arid any of them, each of whom is
deemed to have an insurable interest and shall be listed as
an insured or additional insured.
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C. All the policies of insurance (and the certifi-
cates or other evidence thereof) required to be purchased
and maintained in accordance with Paragraph 5,06 will
contain a provision or endorsement that the coverage
April 15,2008
afforded will not be canceled or materially changed or
renewal refused until at least 30 days prior written notice
has been given to Owner and Contractor and to each other
additional insured to whom a certificate of insurance has
been issued and will contain waiver provisions in accor-
dance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing
and maintaining any property insurance specified in this
Paragraph 5.06 to protect the interests of Contractor,
Subcontractors, or others in the Work to the extent of any
deductible amounts that are identified in the Supple-
mentary Conditions. The risk of loss within such
identified deductible amount will be bome by Contractor,
Subcontractors, or others suffering any such loss, and if
any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and
maintain it at the purchaser's own expense.
E. If Contractor requests in writing that other
special insurance be included in the property insurance
policies provided under Paragraph 5.06, Owner shall, if
possible, include such insurance, and the cost thereof will
be charged to Contractor by appropriate Change Order.
Prior to commencement of the Work at the Site, Owner
shall in writing advise Contractor whether or not such
other insurance has been procured by Owner.
5.07 Waiver of Rights
A. Owner and Contractor intend that all policies
purchased in accordance with Paragraph 5.06 will protect
Owner, Contractor, Subcontractors, and Engineer, and all
other individuals or entities identified in the Supple-
mentary Conditions to be listed as insureds or additional
insureds (and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them) in such policies and will provide primary coverage
for all losses and damages caused by the perils or causes
of loss covered thereby. All such policies shall contain
provisions to the effect that in the event of payment of
any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. Owner and Contractor waive all rights against
each other and their respective officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and
damages caused by, arising out of or resulting from any of
the perils or causes of loss covered by such policies and
any other property insurance applicable to the Work; and,
in addition, waive all such rights against Subcontractors,
and Engineer, and all other individuals or entities
identified in the Supplementary Conditions to be listed as .
insured or additional insured (and the officers, directors,
partners, employees, ag'ents, consultants and
subcontractors of each and any of them) under such
policies for losses and damages so caused. None of the
above waivers shall extend to the rights that any party
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making such waiver may have to the proceeds of
insurance held by Owner as trustee or otherwise payable'
under any policy so issued.
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B. Owner waives all rights against Contractor,
Subcontractors, and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for:
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1. loss due to business interruption, loss of use,
or other consequential loss extending beyond direct
physical loss or damage to Owner's property or the Work
caused by, arising out of, or resulting from fire or other
perils whether or not insured by Owner; and
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2. loss or damage to the completed Project or
part thereof caused by, arising out of, or resulting from
fire or other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by Owner during partial utilization
pursuant to Paragraph 14.05, after Substantial Completion
pursuant to Paragraph 14.04, or after final payment
pursuant to Paragraph 14.07.
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C. Any insurance policy maintained by Owner
covering any loss, damage or consequential loss referred
to in Paragraph 5.07.B shall contain provisions to the
effect that in the event of payment of any such loss,
damage, or consequential loss, the insurers will have no
rights of recovery against Contractor, Subcontractors, or
Engineer, and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them.
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5.08 Receipi and Application of Insurance Proceeds
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A. Any insured loss under the policies of
insurance required by Paragraph 5.06 will be adjusted
with Owner and made payable to Owner as fiduciary for
the insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
Paragraph 5.08.B. Owner shall deposit in a separate
account any money so received and shall distribute it 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.
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B. Owner as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within 15 days
after the occurrence of loss to Owner's exercise of this
power. If such objection be made, Owner as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach. If no
such agreement among the parties in interest is reached,
Owner as fiduciary shall adjust and settle the loss with the
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insurers and, if required in wntmg by any party in
interest, Owner as fiduciary shall give bond for the proper
performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. If either Owner or Contractor has any
objection to the coverage afforded by or other provisions
of the bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5
on the basis of non-conformance with the Contract
Documents, the objecting party shall so notify the other
party in writing within 10 days after receipt of the
certificates (or other evidence requested) required by
Paragraph 2.01.B. Owner and Contractor shall each
provide to the other such additional information in respect
of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all
of the bonds and insurance required of such party by the
Contract Documents, such party shall notify the other
party in writing of such failure to purchase prior to the
start of the Work, or of such failure to maintain prior to
any change in the required coverage. Without prejudice to
any other right or remedy, the other party may elect to
obtain equivalent bonds or insurance to protect such other
party's interests at the expense of the party who was
required to provide such coverage, and a Change Order
shall be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurer
A. If Owner finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph
14.05, no such use or occupancy shall commence before
the insurers providing the property insurance pursuant to
Paragraph 5.06 have acknowledged notice thereof and in
writing effected any changes in coverage necessitated
thereby. The insurers providing the property insurance
shall consent by endorsement on the policy or policies,
but the property insurance shall not be canceled or
permitted to lapse on account of any such partial use or
occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct
the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as
may be necessary to perform the Work in accordance with
the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques,
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sequences, and procedures of construction. Contractor
shall not be responsible for the negligence of Owner or
Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents.
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B. At all times during the progress of the Work,
Contractor shall assign a competent resident superin-
tendent who shall not be replaced without written notice
to Owner and Engineer except under extraordinary
circumstances. The superintendent will be Contractor's
representative at the Site and shall have authority to act on
behalf of Contractor. All communications given to or
received from the superintendent shall be binding on
Contractor.
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6.02 Labor; Working Hours
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A. Contractor shall provide competent, suitably
qualified personnel to survey and layout the Work and
perform construction as required by the Contract Docu-
ments. Contractor shall at all times maintain good disci-
pline and order at the Site.
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B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site
or adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site. shall be
performed during regular working hours. Contractor will
not permit the performance of Work on a Saturday,
Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given
after prior written notice to Engineer.
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6.03 Services, Materials, and Equipment
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A. Unless otherwise specified in the Contract
Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone,
water, sanitary facilities, temporary facilities, and all other
facilities and incidentals necessary for the performance,
testing, start-up, and completion of the Work.
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B. All materials and equipment incorporated into
the Work shall be as specified or, if not specified, shall be
of good quality and new, except as otherwise provided in
the Contract Documents. All special warranties and
guarantees required by the Specifications shall expressly
run to the benefit of Owner. If required by Engineer,
Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source, kind, and
quality of materials and equipment.
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C. All materials and equipment shall be stored,
applied, installed, connected, erected, protected, used,
April 15, 2008
cleaned, and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise may be
provided in the Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress
Schedule established in accordance with Paragraph 2.07
as it may be adjusted from time to time as provided
below.
1. Contractor shall submit to Engineer for
acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will
not result in changing the Contract Times. Such adjust-
ments will comply with any provisions of the General Re-
quirements applicable thereto.
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article
12. Adjustments in Contract Times may only be made by
a Change Order.
6.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function, appearance, and
quality required. Unless the specification or description
contains or is followed by words reading that no like,
equivalent, or "or-equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may be
submitted to Engineer for review under the circumstances
described below.
1. "Or-Equal" Items: If in Engineer's sole
discretion an item of material or equipment proposed by
Contractor is fullctionally equal to that named and
sufficiently similar so that no change in related Work will
be required, it may be considered by Engineer as an
"or-equal" item, in which case review and approval of the
proposed item may, in Engineer's sole discretion, be
accomplished without compliance with some or all of the
requirements for approval of proposed substitute items.
For the purposes of this Paragraph 6.05.A.l, a proposed
item of material or equipment will be considered
functionally equal to an item so named if:
a. in the exercise of reasonable judgment
Engineer determines that:
1) it is at least equal in materials of
construction, quality, durability, appearance,
strength, and design characteristics;
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2) it will reliably perform at least
equally well the function and achieve the results
imposed by the design concept of the completed
Project as a functioning whole,
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3) it has a proven record of performance
and availability of responsive service; and
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b. Contractor certifies that, if approved and
incorporated into the Work:
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1) there will be no increase in cost to
the Owner or increase in Contract Times, and
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2) it will conform substantially to the
detailed requirements of the item named in the
Contract Documents.
2. Substitute Items
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a. If in Engineer's sole discretion an item of
material or equipment proposed by Contractor
does not qualify as an "or-equal" item under
Paragraph 6.05.A.1, it will be considered a
proposed substitute item.
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b. Contractor shall submit sufficient information
as provided below to allow Engineer to
determine that the item of material or equipment
proposed is essentially equivalent to that named
and an acceptable substitute therefor. Requests
for review of proposed substitute items of
material or equipment will not be accepted by
Engineer from anyone other than Contractor.
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c. The requirements for review by Engineer will
be as set forth in Paragraph 6.05.A.2.d, as
supplemented in the General Requirements and
as Engineer may decide is appropriate under the
circumstances.
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d. Contractor shall make written application to
Engineer for review of a proposed substitute item
of material or equipment that Contractor seeks to
furnish or use. The application: C
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1) shall certify that the proposed substi-
tute item will:
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a) perform adequately the functions and
achieve the results called for by the
general design,
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b) be similar in substance to that
specified, and
April 15, 2008
c) be suited to the same use as that
specified;
2) will state:
a) the extent, if any, to which the use of
the proposed substitute item will preju-
dice Contractor's achievement of
Substantial Completion on time;
b) whether or not use of the proposed
substitute item in the Work will require
a change in any of the Contract Docu-
ments (or in the provisions of any other
direct contract with Owner for other
work on the Project) to adapt the design
to the proposed substitute item; and
c) whether or not incorporation or use
of the proposed substitute item in con-
nection with the Work is subject to
payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed
substitute item from that specified, and
b) available engineering, sales,
maintenance, repair, and replacement
servIces;
4) and shall contain an itemized esti-
mate of all costs or credits that will result
directly or indirectly from use of such substitute
item, including costs of redesign and claims of
other contractors affected by any resulting
change,
B. Substitute Construction Methods or Proce-
dures: If a specific means, method, technique, sequence,
or procedure of construction is expressly required by the .
Contract Documents, Contractor may furnish or utilize a
substitute means, method, technique, sequence,. or
procedure of construction approved by Engineer.
Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that
the substitute proposed is equivalent to that expressly
called for by the Contract Documents. The requirements
for review by Engineer will be similar to those provided
in Paragraph 6.05.A.2.
C. Engineer's Evaluation: Engineer will be
allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A
and 6.05.B. Engineer may require Contractor to furnish
additional data about the proposed' substitute item.
Engineer will be the sole judge of acceptability. No "or
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equal" or substitute will be ordered, installed or utilized
until Engineer's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." Engineer will
advise Contractor in writing of any negative
determination.
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D. Special Guarantee: Owner may require
Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any
substitute.
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E. Engineer's Cost Reimbursement: Engineer
will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to
Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer
approves a substitute item so proposed or submitted by
Contractor, Contractor shall reimburse Owner for the
charges of Engineer for evaluating each such proposed
substitute. Contractor shall also reimburse Owner for the
charges of Engineer for making changes in the Contract
Documents (or in the provisions of any other direct
contract with Owner) resulting from the acceptance of
each proposed substitute.
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F. Contractor's Expense: Contractor shall
provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
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6.06 Concerning Subcontractors, Suppliers, and
Others
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A. Contractor shall not employ any Subcon-
tractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph
6.06.B), whether initially or as a replacement, against
whom Owner may have reasonable objection. Contractor
shall not be required to employ any Subcontractor,
Supplier; or other individual or entity to furnish or
perform any of the Work against whom Contractor has
reasonable objection.
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B. If the Supplementary Conditions require the
identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in
advance for acceptance by Owner by a specified date
prior to the Effective Date of the Agreement, and if
Contractor has submitted a list thereof in accordance with
the Supplementary Conditions, Owner's acceptance
(either in writing or by failing to make written objection
thereto by the date indicated for acceptance or objection
in the Bidding Documents or the Contract Documents) of
any such Subcontractor, Supplier, or other individual or
entity so identified may be revoked on the basis of reason-
able objection after due investigation. Contractor shall
submit an acceptable replacement for the rejected
Subcontractor, Supplier, or other individual or entity, and
the Contract Price will be adjusted by the difference in the
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April 15, 2008
cost occasioned by such replacement, and an appropriate
Change Order will be issued. No acceptance by Owner of
any such Subcontractor, Supplier, or other individual or
entity, whether initially or as a replacement, shall consti-
tute a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to Owner
and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or
entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and
omissions. Nothing in the Contract Documents:
1. shall create for the benefit of any such
Subcontractor, Supplier, or other individual or entity any
contractual relationship between Owner or Engineer and
any such Subcontractor, Supplier or other individual or
entity, nor
2. shall anything in the Contract Documents
create any obligation on the part of Owner or
Engineer to payor to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual
or entity except as may otherwise be required by Laws
and Regulations.
D. Contractor shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect
contract with Contractor.
E. Contractor shall require all Subcontractors,
Suppliers, and such other individuals or entities per-
forming or furnishing any of the Work to communicate
with Engineer through Contractor.
F. The divisions and sections of the Specifica-
tions and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcon-
tractors or Suppliers or delineating the Work to be
performed by any specific trade.
G. All Work performed for Contractor by a
Subcontractor or Supplier will be pursuant to an appro-
priate agreement between Contractor and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the' Contract Documents for the benefit of
Owner and Engineer. Whenever any such agreement is
with a Subcontractor or Supplier who is listed as an
additional insured on the property insurance provided in
Paragraph 5.06, the agreement between the Contractor
and the Subcontractor or Supplier will contain provisions
whereby the Subcontractor or Supplier waives all rights
against Owner, Contractor, and Engineer" and all other
individuals or entities identified in the Supplementary
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Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them)
for all losses and damages caused by, arising out of,
relating to, or resulting from any of the perils or causes of
loss covered by such policies and any other property
. insurance applicable to the Work. If the insurers on any
such policies require separate waiver forms to be signed
by any Subcontractor or Supplier, Contractor will obtain
the same.
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6.07 Patent Fees and Royalties
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A. Contractor shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product, or device
which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product,
or device is specified in the Contract Documents for use
in the performance of the Work and if to the actual
knowledge of Owner or Engineer its use is subject to
patent rights or copyrights calling for the payment of any
license fee or royalty to others, the existence of such
rights shall be disclosed by Owner in the Contract
Documents.
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B. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to 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.
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6.08
Permits
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A. Unless otherwise provided in the Supple-
mentary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist
Contractor, when necessary, in obtaining such permits
and licenses. Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening
of Bids, or, if there are no Bids, on the Effective Date of
the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service
to the Work.
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April 15, 2008
6.09 Laws and Regulations
A. Contractor shall give all notices required by
and shall comply with all Laws and Regulations applica-
ble to the performance of the Work. Except where
otherwise expressly required by applicable Laws and
Regulations, neither Owner nor Engineer shall be
responsible for monitoring Contractor's compliance with
any Laws or Regulations.
B. If Contractor performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs,
losses, and damages (including but not limited to all fees
and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations,
but this shall not relieve Contractor of Contractor's
obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at
the time of opening of Bids (or, on the Effective Date of
the Agreement if there were no Bids) having an effect on
the cost or time of performance of the Work shall be the
subject of an adjustment in Contract Price or Contract
Times. If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustment, a Claim may be made therefor as
provided in Paragraph 10.05.
6.10 Taxes
A. Contractor shall pay all sales, consumer, use,
and other similar taxes required to be paid by Contractor
in accordance with the Laws and Regulations of the place
of the Project which are applicable during the
performance of the Work.
6.11
Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. Contractor shall confine construction equip-
ment, the storage of materials and equipment, and the
operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
Contractor shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. Should any claim be made by any such owner
or occupant because of the performance of the Work,
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Contractor shall promptly settle with such other party by
negotiation or otherwise resolve the claim by arbitration
or other dispute resolution proceeding or at law.
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3. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attomeys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any claim or action, legal or equitable,
brought by any such owner or occupant against Owner,
Engineer, or any other party indemnified hereunder to the
extent caused by or based upon Contractor's performance
of the Work.
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B. Removal of Debris During Performance of the
Work: During the progress of the Work Contractor shall
keep the Site and other areas free from accumulations of
waste materials, rubbish, and other debris. Removal and
disposal of such waste materials, rubbish, and other debris
shall conform to applicable Laws and Regulations.
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C. Cleaning: Prior to Substantial Completion of
the Work Contractor shall clean the Site and the Work
and make it ready for utilization by Owner. At the com-
pletion of the Work Contractor shall remove from the Site
all tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to
original condition all property not designated for
alteration by the Contract Documents.
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D. Loading Structures: Contractor shall not load
nor permit any part of 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 pressures that will endanger it.
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6.12 Record Documents
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A. Contractor shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Change Orders, Work Change Directives, Field
Orders, and written interpretations and clarifications in
good order and annotated to show changes made during
construction. These record documents together with all
approved Samples and a counterpart of all approved Shop
Drawings will be available to Engineer for reference.
Upon completion of the Work, these record documents,
Samples, and Shop Drawings will be delivered to Engi-
neer for Owner.
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6.13
Safety and Protection
April15,2008
A. Contractor shall be solely responsible for
initiating, maintaining and supervising all safety precau-
tions and programs in connection with the Work.
Contractor shall take all necessary precautions for the
safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. Contractor shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for. such safety and protection.
Contractor shall notify owners of adjacent property and of
Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal,
relocation, and replacement of their property.
C. All damage, injury, or loss to any property
referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor,
any Subcontractor, Supplier, or any other individual or
entity directly or indirectly employed by any of them to
perform any of the Work, or anyone for whose acts any of
them may be liable, shall be remedied by Contractor
(except damage or loss attributable to the fault of Draw-
ings or Specifications or to the acts or omissions of
Owner or Engineer or , or anyone employed by any of
them, or anyone for whose acts any of them may be
liable, and not attributable, directly or indirectly, in whole
or in part, to the fault or negligence of Contractor or any
Subcontractor, Supplier, or other individual or entity
directly or indirectly employed by any of them).
D. Contractor's duties and responsibilities. for
safety and for protection of the Work shall continue until
such time as all the Work is completed and Engineer has
issued a notice to Owner and Contractor in accordance
with Paragraph 14.07.B that the Work is acceptable
(except as otherwise expressly provided in connection
with Subst~ntial Completion).
6.14
Safety Representative
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A. Contractor shall designate a qualified and
experienced safety representative at the Site whose duties
and responsibilities shall be the prevention of accidents
and the maintaining and supervising of safety precautions
and programs.
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6.15 Hazard Communication Programs
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A. Contractor shall be responsible' for coordi-
nating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the Site in accordance with Laws or
Regulations.
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6.16 Emergencies
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A. In emergencies affecting the safety or protec-
tion of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent
threatened damage, injury, or loss. Contractor shall give
Engineer prompt written notice if Contractor believes that
any significant changes in the Work or variations from the
Contract Documents have been caused thereby or are
required as a result thereof. If Engineer determines that a
change in the Contract Documents is required because of
the action taken by Contractor in response to such an
emergency, a Work Change Directive or Change Order
will be issued.
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6.17 Shop Drawings and Samples
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A. Contractor shall submit Shop Drawings and
Samples to Engineer for review and approval in accor-
dance with the acceptable Schedule of Submittals (as
required by Paragraph 2.07). Each submittal will be
identified as Engineer may require.
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1. Shop Drawings
a. Submit number of copIes specified in the
General Requirements.
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b. Data shown on the Shop Drawings will be
complete with respect to quantities, dimensions,
specified performance and design criteria,
materials, and similar data to show Engineer the
services, materials, and equipment Contractor
proposes to provide and to enable Engineer to
review the information for the limited purposes
required by Paragraph 6.17.D.
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2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in accor-
dance with the acceptable schedule of Shop Drawings and
Sample submittals.
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April 15,2008
a. Submit number of Samples specified in the
Specifications.
b. Clearly identify each Sample as to material,
Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as
Engineer may require to enable Engineer to
review the submittal for the limited purposes
required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required
by the Contract Documents or the Schedule of Submittals
, any related Work performed prior to Engineer's review
and approval of the pertinent submittal will be at the sole
expense and responsibility of Contractor.
C. Submittal Procedures
1. Before submitting each Shop Drawing or
Sample, Contractor shall have determined and verified:
a. all field measurements, quantities, dimensions,
specified performance and design criteria,
installation requirements, materials, catalog
numbers, and similar information with respect
thereto;
b. the suitabiiity of all materials with respect to
intended use, fabrication, shipping, handling,
storage, assembly, and installation pertaining to
the performance of the Work;
c. all information relative to Contractor's
responsibilities for means, methods, techniques,
sequences, and procedures of construction, and
safety precautions and programs incident thereto;
and
d. shall also have reviewed and coordinated each
Shop Drawing or Sample with other Shop
Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
2. Each submittal shall bear a stamp or specific
written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents
with respect to Contractor's review and approval of that
submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations, that the
Shop Drawing or Sample may have from the requirements
of the Contract Documents. This notice shall be both a
written communication separate from the Shop Drawing's
or Sample Submittal; and, in addition, by a specific
notation made on each Shop Drawing or Sample submit-
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ted to Engineer for review and approval of each such
variation.
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D. Engineer's Review
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1. Engineer will provide timely review of Shop
Drawings and Samples in accordance with the Schedule
of Submittals acceptable to Engineer. Engineer's review
and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments.
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2. Engineer's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of con-
struction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
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3. Engineer's review and approval shall not
relieve Contractor from responsibility for any variation
from the requirements of the Contract Documents unless
Contractor has complied with the requirements of
Paragraph 6.17. C.3 and Engineer has given written
approval of each such variation by specific written
notation thereof incorporated in or accompanying the
Shop Drawing or Sample. Engineer's review and approval
shall not relieve Contractor from responsibility for
complying with the requirements of Paragraph 6.17.C.1.
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E. Resubmittal Procedures
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1. Contractor shall make corrections required by
Engineer and shall return the required number of cor-
rected copies of Shop Drawings and submit, as required,
new Samples for review and approval. Contractor shall
direct specific attention in writing to revisions other than
the corrections called for by Engineer on previous
submittals.
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6.18 Continuing the Work
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A. Contractor shall carryon the Work and adhere
to the Progress Schedule during all disputes or
disagreements with Owner. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by Paragraph 15.04 or
as Owner and Contractor may otherwise agree in writing.
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6.19
Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner
that all Work will be in accordance with the Contract
Documents and will not be defective. Engineer and its
Related Entities shall be entitled to rely on representation
of Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee
hereunder excludes defects or damage caused by:
1. abuse, modific;ation, or improper maintenance
or operation by persons other than Contractor, Sub-
contractors, Suppliers, or any other individual or entity for
whom Contractor is responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the
Contract Documents:
1. observations by Engineer;
2. recommendation by Engineer or payment by
Owner of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by Engineer or any payment related thereto
by Owner;
4. use or occupancy of the Work or any part
thereof by Owner;
5. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20 Indemnification
A. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to the performance of the Work, provided that
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any such claim, cost, loss, or damage is attributable to
bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom but
only to the extent caused by any negligent act or omission
of Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any
of them to perform any of the Work or anyone for whose
acts any ofthem may be liable.
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B. In any and all claims against Owner or
Engineer or any of their respective consultants, agents,
officers, directors, partners, or employees by any employ-
ee (or the survivor or personal representative of such
employee) of Contractor, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the
indemnification obligation under Paragraph 6.20.A shall
not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by
or for Contractor or any such Subcontractor, Supplier, or
other individual or entity under workers' compensation
acts, disability benefit acts, or other employee benefit
acts.
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C. The indemnification obligations of Contractor
under Paragraph 6.20.A shall not extend to the liability of
Engineer and Engineer's officers, directors, partners,
employees, agents, consultants and subcontractors arising
out of:
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1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
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2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage.
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6.21 Delegation of Professional Design Services
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A. Contractor will not be required to provide
professional design services unless such services are
specifically required by the Contract Documents for a
portion of the Work or unless such services are required
to carry out Contractor's responsibilities for construction
means, methods, techniques, sequences and procedures.
Contractor shall not be required to provide professional
services in violation of applicable law.
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B. If professional design services or
certifications by a design professional related to systems,
materials or equipment are specifically required of
Contractor by the Contract Documents, Owner and
Engineer will specify all performance and design criteria
that such services must satisfy. Contractor shall cause
such services or certifications to be provided by a
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April 15,2008
properly licensed professional, whose signature and seal
shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals
prepared by such professional. Shop Drawings and other
submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such
professional's written approval when submitted to
Engineer.
C. Owner and Engineer shall be entitled to rely
upon the adequacy, accuracy and completeness of the
services, certifications or approvals performed by such
design professionals, provided Owner and Engineer have
specified to Contractor all performance and design criteria
that such services must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's
review and approval of design calculations and design
drawings will be only for the limited purpose of checking
for conformance with performance and design criteria
given and the design concept expressed in the Contract
Documents. Engineer's review and approval of Shop
Drawings and other submittals (except design calculations
and design drawings) will be only for the purpose stated
in Paragraph 6.17.D.1.
E. Contractor shall not be responsible for the
adequacy of the performance or design criteria required
by the Contract Documents.
ARTICLE 7 - OTHER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the
Project at the Site with Owner's employees, or via other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be given to
Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in Paragraph
10.05.
B. Contractor shall afford each other contractor
who is a party to such a direct contract, each utility owner
and Owner, if Owner is performing other work with
Owner's employees, proper and safe access to the Site, a
reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other
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work, and shall properly coordinate the Work with theirs.
Contractor shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or
otherwise make its several parts come together and
properly integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating,
or otherwise altering their work and will only cut or alter
their work with the written consent of Engineer and the
others whose work will be affected. The duties and
responsibilities of Contractor under .this Paragraph are for
the benefit of such utility owners and other contractors to
the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between
Owner and such utility owners and other contractors.
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C. If the proper execution or results of any part
of Contractor's Work depends upon work performed by
others under this Article 7, Contractor shall inspect such
other work and promptly report to Engineer in writing any
delays, defects, or deficiencies in such other work that
render it unavailable or unsuitable for the proper
execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such
other work as fit and proper for integration with
Contractor's Work except for latent defects and
deficiencies in such other work.
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7.02 Coordination
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A. If Owner intends to contract with others for
the performance of other work on the Project at the Site,
the following will be set forth in Supplementary Condi-
tions:
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1. the individual or entity who will have
authority and responsibility for coordination of the
activities among the various contractors will be identified;
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2. the specific matters to be covered by such
authority and respo?sibility will be itemized; and
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3. the extent of such authority and responsibili-
ties will be provided.
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B. Unless otherwise provided in the
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
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7.03 Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not applicable
for utilities not under the control of Owner.
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B. Each other direct contract of Owner under
Paragraph 7.01.A shall provide that the other contractor is
liable to Owner and Contractor for the reasonable direct
delay and disruption costs incurred by Contractor as a
result of the other contractor's actions or inactions.
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C. Contractor shall be liable to Owner and any
other contractor for the reasonable direct delay and
disruption costs incurred by such other contractor as a
result of Contractor's action or inactions.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General
Conditions, Owner shall issue all communications to
Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of
Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
Engineer.
8.03 Furnish Data
A. Owner shall promptly furnish the data
required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make payments to Contractor
when they are due as provided in Paragraphs 14.02.C and
14.07.C.
8.05
Lands and Easements; Reports and Tests
A. Owner's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01
and 4.05. Paragraph 4.02 refers to Owner's identifying
and making available to Contractor copies of reports of
explorations and tests of subsurface conditions and
drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the
Site that have been utilized by Engineer in preparing the
Contract Documents.
8.06 Insurance
A. Owner's responsibilities, if any, in respect to
purchasing and maintaining liability and property insur-
ance are set forth in Article 5.
8.07 Change Orders
A. Owner is obligated to execute Change Orders
as indicated in Paragraph 10.03.
C-700 Standard General Conditions of the Construction Contract.
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A. Engineer will make visits to the Site at inter-
vals appropriate to the various stages of construction as
Engineer deems necessary in order to observe as an
experienced and qualified design professional the
progress that has been made and the quality of the various
aspects of Contractor's executed Work. Based on
information obtained during such visits and observations,
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8.08 Inspections, Tests, and Approvals
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A. Owner's responsibility in respect to certain
inspections, tests, and approvals is set forth in Paragraph
13.03.B.
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8.09 Limitations on Owner's Responsibilities
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A. The Owner shall not supervise, direct, or have
control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of Contractor
to comply with Laws and Regulations applicable to the
performance of the Work. Owner will not be responsible
for Contractor's failure to perform the Work in
accordance with the Contract Documents.
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Hazardous
Environmental
8.10 Undisclosed
Condition
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A. Owner's responsibility in respect to an undis-
closed Hazardous Environmental Condition is set forth in
Paragraph 4.06.
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8.11 Evidence of Financial Arrangements
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A. If and to the extent Owner has agreed to
furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's
obligations under the Contract Documents, Owner's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
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ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
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9.01
Owner's Representative
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A. Engineer will be Owner's representative
during the construction period. The duties and responsi-
bilities and the limitations of authority of Engineer as
Owner's representative during construction are set forth
in the Contract Documents and will not be changed
without written consent of Owner and Engineer.
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9.02 Visits to Site
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Engineer, for the benefit of Owner, will determine, in
general, if the Work is proceeding in accordance with the
Contract Documents. Engineer will not be required to
make exhaustive or continuous inspections on the Site to
check the quality or quantity of the Work. Engineer's
efforts will be directed toward providing for Owner a
greater degree of confidence that the completed Work will
conform generally to the Contract Documents. On the
basis of such visits and observations, Engineer will keep
Owner informed of the progress of the Work and will
endeavor to guard Owner against defective Work.
B. Engineer's visits and observations are subject
to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly, but
without limitation, during or as a result of Engineer's
visits or observations of Contractor's Work Engineer will
not supervise, direct, control, or have authority over or be
responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer will
furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the
Work. The authority and responsibilities of any such
Resident Project Representative and assistants will be as
provided in the Supplementary Conditions, and
limitations on the responsibilities thereof will be as
provided in Paragraph 9.09. If Owner designates another
representative or agent to represent Owner at the Site who
is not Engineer's consultant, agent or employee, the
responsibilities and authority and limitations thereon of
such other individual or entity will be as provided in the
Supplementary Conditions.
9.04
Authorized Variations in Work
A. Engineer may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments. These may be accomplished by a Field Order and
will be binding on Owner and also on Contractor, who
shall perform the Work involved promptly. If Owner or
Contractor believes that a Field Order justifies an
adjustment in the Contract Price or Contract Times, or
both, and the parties are unable to agree on entitlement to
or on the amount or extent, if any, of any such adjustment
, a Claim may be made therefor as provided in Paragraph
10.05.
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9.05 Rejecting Defective Work
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A. Engineer will have authority to reject Work
which Engineer believes to be defective, or that Engineer
believes will not produce a completed Project that
conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. Engineer will also have authority to
require special inspection or testing of the Work as
provided in Paragraph 13.04, whether or not the Work is
fabricated, installed, or completed.
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9.06 Shop Drawings, Change Orders and Payments
A. In connection with Engineer's authority, and
limitations thereof, as to Shop Drawings and Samples, see
Paragraph 6.17.
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B. In connection with Engineer's authority, and
limitations thereof, as to design calculations and design
drawings submitted in response to a delegation. of
professional design services, if any, see Paragraph 6.21.
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C. In connection with Engineer's authority as to
Change Orders, see Articles 10, 11, and 12.
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D. In connection with Engineer's authority as to
Applications for Payment, see Article 14.
9.07 Determinationsfor Unit Price Work
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A. Engineer will determine the actual quantities
and classifications of Unit Price Work performed by
Contractor. Engineer will review with Contractor the
Engineer's preliminary determinations on such matters
before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). Engineer's written decision thereon will be
final and binding (except as modified by Engineer to
reflect changed factual conditions or more accurate data)
upon Owner and Contractor, subject to the provisions of
Paragraph 10.05.
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9.08 Decisions on Requirements of Contract
Documents and Acceptability of Work
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A. Engineer will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. All matters in
question and other matters between Owner and Contractor
arising prior to the date [mal payment is due relating to
the acceptability of the Work, and the interpretation of the
requirements of the Contract Documents pertaining to the
performance of the Work, will be referred initially to
Engineer in writing within 30 days of the event giving rise
to the question
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April 15,2008
B. Engineer will, with reasonable promptness,
render a written decision on the issue referred. If Owner
or Contractor believe that any such decision entitIes them
to an adjustment in the Contract Price or Contract Times
or both, a Claim may be made under Paragraph 10.05.
The date of Engineer's decision shall be the date of the
event giving rise to the issues referenced for the purposes
of Paragraph 10.05.B.
C. Engineer's written decision on the issue
referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph 10.05.
D. When functioning as interpreter and judge
under this Paragraph 9.08, Engineer will not show
partiality to Owner or Contractor and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity.
9.09 Limitations on Engineer's Authority and
Responsibilities
A. Neither Engineer's authority or responsibility
under this Article ? or under any other provision of the
Contract Documents nor any decision made by Engineer
in good faith either to exercise or not exercise such
authority or responsibility or the undertaking, exercise, or
performance of any authority or responsibility by
Engineer shall create, impose, or give rise to any duty in
contract, tort, or otherwise owed by Engineer to
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or
agent of any of them.
B. Engineer will not supervise, direct, control, or
have authority over or be responsible for Contractor's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of Contractor to
comply with Laws and Regulations applicable to the
performance of the 'Work. Engineer will not be respon~
sible for Contractor's failure to perform the Work in
accordance with the Contract Documents.
C. Engineer will not be responsible for the acts
or omissions of Contractor or of any Subcontractor, any
Supplier, or of any other individual or entity performing
any of the Work.
D. Engineer's review of the final Application for
Payment and accompanying documentation and all
maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, tests and
approvals, and other documentation required to be
delivered by ~aragraph 14.07.A will only be to determine
generally that their content complies. with the require-
ments of, and in the case of certificates of inspections,
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tests, and approvals that the results certified indicate
compliance with the Contract Documents.
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E. The limitations upon authority and responsi-
bility set forth in this Paragraph 9.09 shall also apply to,
the Resident Project Representative, if any, and assistants,
if any.
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ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
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A. Without invalidating the Contract and without
notice to any surety, Owner may, at any time or from time
to time, order additions, deletions, or revisions in the
Work by a Change Order, or a Work Change Directive.
Upon receipt of any such document, Contractor shall
promptly proceed with the Work involved which will be
performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
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B. If Owner and Contractor are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or
both, that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
Paragraph 10.05. '
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10.02 Unauthorized Changes in the Work
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A. Contractor shall not be entitled to an increase
in the Contract Price or an extension of the Contract
Times with respect to any work performed that is not
required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04,
except in the case of an emergency as provided in
Paragraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13 .04.B.
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10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropri-
ate Change Orders recommended by Engineer covering:
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1. changes in the Work which are: (i) ordered by
Owner pursuant to Paragraph 10.01.A, (ii) required
because of acceptance of defective Work under Paragraph
13.08.A or Owner's correction of defective Work under
Paragraph 13.09, or (iii) agreed to by the parties;
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2. changes in the Contract Price or Contract
Times which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work Change Directive;
and
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April 15,2008
3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by Engineer pursuant to Paragraph
10.05; provided that, in lieu of executing any such
Change Order, an appeal may be taken from any such
decision in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, Contractor shall carry on the
Work and adhere to the Progress Schedule as provided in
Paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price
or Contract Times) is required by the provisions of any
bond to be given to a surety, the giving of any such notice
will be Contractor's responsibility. The amount of each
applicable bond will be adjusted to reflect the effect of
any such change.
10.05 Claims
A. Engineer's Decision Required: All Claims,
except those waived pursuant to Paragraph 14.09, shall be
referred to the Engineer for decision. A decision by
Engineer shall be required as a condition precedent to any
exercise by Owner or Contractor of any rights or remedies
either may otherwise have under the Contract Documents
or by Laws and Regulations in respect of such Claims.
B. Notice: Written notice stating the general
nature of each Claim, shall be delivered by the claimant to
Engineer and the other party to the Contract promptly (but
in no event later than 30 days) after the start of the event
giving rise thereto. The responsibility to substantiate a
Claim shall rest with the party making the Claim. Notice
of the amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other party to
the Contract within 60 days after the start of such event
(unless Engineer allows additional time for claimant to
submit additional or more accurate data in support of such
Claim). A Claim for an adjustment in Contract Price shall
be prepared in accordance with the provisions of
Paragraph 12.01.B. A Claim for an adjustment in Contract
Time shall be prepared in accordance with the provisions
of Paragraph 12.02.B. Each Claim shall be accompanied
by claimant's written statement that the adjustment
claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The
opposing party shall submit any response to Engineer and
the claimant within 30 days after receipt of the claimant's
last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each
Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the
C-700 Standard General Conditions of the Construction Contract.
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opposing party, if any, take one of the following actions
in writing:
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1. deny the Claim in whole or in part,
2. approve the Claim, or
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3. notify the parties that the Engineer is unable to
resolve the Claim if, in the Engineer's sole discretion, it
would be inappropriate for the Engineer to do so. Fqr
purposes of further resolution of the Claim, such notice
shall be deemed a denial.
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D. In the event that Engineer does not take action
on a Claim within said 30 days, the Claim shall be
deemed denied.
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E. Engineer's written action under Paragraph
10.05.C or denial pursuant to Paragraphs 10.05.C.3 or
1O.05.D will be [mal and binding upon Owner and
Contractor, unless Owner or Contractor invoke the
dispute resolution procedure set forth in Article 16 within
30 days of such action or denial.
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F. No Claim for an adjustment in Contract Price
or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
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ARTICLE 11 COST OF THE WORK;
ALLOWANCES; UNIT PRICE WORK
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11.01 Cost of the Work
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A. Costs Included: The term Cost of the Work
means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by
Contractor in the proper performance of the Work. When
the value of any Work covered by a Change Order or
when a Claim for an adjustment in Contract Price is
determined on the basis of Cost of the Work, the costs to
be reimbursed to Contractor will be only those additional
or incremental costs required because of the change in the
Work or because of the event giving rise to the Claim.
Except as otherwise may be agreed to in writing by
Owner, such costs shall be in amounts no higher than
those prevailing in the locality of the Project, shall include
only the following items, and shall not include any of the
costs itemized in Paragraph 11.01.B.
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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. Such employees shall include,
without limitation, superintendents, foremen, and other
personnel employed full time at the Site. Payroll costs for
employees not employed full time on the Work shall be
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April15,2008
apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries
and wages plus the cost of fringe benefits, which shall
include social security contributions, unemployment,
excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and
holiday pay applicable thereto. The expenses of
performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included in
the above to the extent authorized by Owner.
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to Contractor unless Owner
deposits funds with Contractor with which to make pay-
ments, in which case the cash discounts shall accrue to
Owner. All trade discounts, rebates and refunds and
returns from sale of surplus materials and equipment shall
accrue to Owner, and Contractor shall make provisions so
that they may be obtained.
3. Payments made by Contractor to
Subcontractors for Work performed by Subcontractors. If
required by Owner, Contractor shall obtain competitive
bids from subcontractors acceptable to Owner and
Contractor and shall deliver such bids to Owner, who will
then determine, with the advice of Engineer, which bids,
if any, will be acceptable. If any subcontract provides that
the Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
Contractor's Cost of the Work and fee as provided in this
Paragraph 11.01.
4. Costs of special consultants (including but not
limited to Engineers, architects, testing laboratories,.
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation,
travel, and subsistence expenses of Contractor's
employees incurred in discharge of duties
connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary
facilities at the Site, and hand tools not owned by
the workers, which are consumed in the perfor-
mance of the Work, and cost, less market value,
of such items used but not consumed which
remain the property of Contractor.
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c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from Contractor or others in accordance with
rental agreements approved by Owner with the
advice of Engineer, and the costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said
rental agreements. The rental of any such equip-
ment, machinery, or parts shall cease when the
use thereof is no longer necessary for the Work.
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d. Sales, consumer, use, and other similar taxes
related to the Work, and for which Contractor is
liable, imposed by Laws and Regulations.
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e. Deposits lost for causes other than negligence
of Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable, and
royalty payments and fees for permits and
licenses.
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f. Losses and damages (and related expenses)
caused by damage to the Work, not compensated
by insurance or otherwise, sustained by
Contractor in connection with the performance
of the Work (except losses and damages within
the deductible amounts of property insurance
established in accordance with Paragraph
5.06.D), provided such losses and damages have
resulted from causes other than the negligence of
Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such
losses shall include settlements made with the
written consent and approval of Owner. No such
losses, damages, and expenses shall be included
in the Cost of the Work for the purpose of
determining Contractor's fee.
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g. The cost of utilities, fuel, and sanitary
facilities at the Site.
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h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expresses, and similar petty cash items in
connection with the Work.
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i. The costs of premiums for all bonds and
insurance Contractor is required by the Contract
Documents to purchase and maintain.
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B. Costs Excluded: The term Cost of the Work
shall not include any of the following items:
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1. Payroll costs and other compensation of
Contractor's officers, executives, principals (of
April 15,2008
partnerships and sole proprietorships), general managers,
safety managers, engineers, architects, estimators, attor-
neys, auditors, accountants, purchasing and contracting
agents, expediters, timekeepers, clerks, and other
personnel employed by Contractor, whether at the Site or
in Contractor's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications referred
to in Paragraph 11.01.A.l or specifically covered by
Paragraph 11.01.AA, all of which are to be considered
administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch
offices other than Contractor's office at the Site.
3. Any part of Contractor's capital expenses,
including interest on Contractor's capital employed for
the Work and charges against Contractor for delinquent
payments.
4. Costs due to the negligence of Contractor, any
Subcontractor, or anyone directly or indirectly employed
by any of them or for whose acts any of them may be
liable, including but not limited to, the correction of
defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to
property.
5. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in Paragraphs 11.01.A and 11.01.B.
C. Contractor's Fee: When all the Work is
performed on the basis of cost-plus, Contractor's fee shall
be determined as set forth in the Agreement. When the
value of anycW ork covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined
on the basis of Cost of the Work, Contractor's fee shall be
determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the
Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish
and maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to Engineer an itemized cost breakdown
together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be performed for such sums and by such persons or
entities as may be acceptable to Owner and Engineer.
B. Cash Allowances
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1. Contractor agrees that:
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a. the cash allowances include the cost to
Contractor (less any applicable trade discounts)
of materials and equipment required by the
allowances to be delivered at the Site, and all
applicable taxes; and
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b. Contractor's costs for unloading and handling
on the Site, labor, installation , overhead, profit,
and other expenses contemplated for the cash .
allowances have been included in the Contract
Price and not in the allowances, and no demand
for additional payment on account of any of the
., foregoing will be valid. '
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C. Contingency Allowance
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1. Contractor agrees that a contingency
allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
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D. Prior to final payment, an appropriate Change
Order will be issued as recommended by Engineer to
reflect actual amounts due Contractor on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
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11.03 Unit Price Work
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A. 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 unit price
for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in
the Agreement.
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B. 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 subject to the
provisions of Paragraph 9.07.
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C. Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately
identified item
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D. Owner or Contractor may make a Claim for
an adjustment in the Contract Price in accordance with
Paragraph 10.05 if:
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1. the quantity of any item of Unit Price Work
performed by Contractor differs materially and signifi-
April 15,2008
cantly from the estimated quantity of such item indicated
in the Agreement; and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having
incurred additional expense or Owner believes that Owner
is entitled to a decrease in Contract Price and the parties
are unable to agree as to the amount of any such increase
or decrease.
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted
by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10.05.
B. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the Contract
Price will be determined as follows:
1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of Paragraph 11.03);
or
2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with Paragraph 12.01.C.2); or
3. where the Work involved is not covered by
unit prices contained in the Contract Documents and
agreement to a lump sum is not reached under Paragraph
12.01.B.2, on the basis of the Cost of the Work
(determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as
provided in Paragraph 12.01.C).
C. Contractor's Fee: The Contractor's fee for
overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
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2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various portions
of the Cost of the Work:
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a. for costs incurred under Paragraphs 11.01.A.1
and 11. 0 LA. 2, the Contractor's fee shall be 15
percent;
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b. for costs incurred under Paragraph 11.01.A.3,
the Contractor's fee shall be five percent;
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c. where one or more tiers of subcontracts are on
the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of Paragraph
12.01.C.2.a is that the Subcontractor who
actually performs the Work, at whatever tier, will
be paid a fee of 15 percent of the costs incurred
by such Su~contractor under Paragraphs
11.01.A.l and 11.01.A.2 and that any higher tier
Subcontractor and Contractor will each be paid a
fee of five percent of the amount paid to the next
lower tier Subcontractor;
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d. no fee shall be payable on the basis of costs
itemized under Paragraphs 11.01.AA, 11.01.A.5,
and 11.01.B;
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e. the amount of credit to be allowed by
Contractor to Owner for any change which
results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal
to five percent of such net decrease; and
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f. when both additions and credits are involved
in anyone change, the adjustment in
Contractor's fee shall be computed on the basis
of the net change in accordance with Paragraphs
12.01.C.2.a through 12.01.C.2.e, inclusive.
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12.02 Change of Contract Times
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A. The Contract Times may only be changed by
a Change Order. Any Claim for an adjustment in the
Contract Times shall be based on written notice submitted
by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10.05.
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B. Any adjustment of the Contract Times
covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined in
accordance with the provisions of this Article 12.
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12.03 Delays
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A. Where Contractor is prevented from
completing any part of the Work within the Contract
April 15,2008
Times due to delay beyond the control of Contractor, the
Contract Times will be extended in an amount equal to
the time lost due to such delay if a Claim is made therefor
as provided in Paragraph 12.02.A. Delays beyond the
control of Contractor shall include, but not be limited to,
acts or neglect by Owner, acts or neglect of utility owners
or other contractors performing other work as contemplat-
ed by Article 7, fires, floods, epidemics, abnormal
weather conditions, or acts of God.
B. If Owner, Engineer, or other contractors or
utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom Owner is
responsible, delays, disrupts, or interferes with the
performance or progress of the Work, then Contractor
shall be entitled to an equitable adjustment in the Contract
Price or the Contract Times , or both. Contractor's
entitlement to an adjustment of the Contract Times is
conditioned on such adjustment being essential to
Contractor's ability to complete the Work within the
Contract Times.
C If Contractor is delayed in the performance or
progress of the Work by fire, flood, epidemic, abnormal
weather conditions, acts of God, acts or failures to act of
utility owners not under the control of Owner, or other
causes not the fault of and beyond control of Owner and
Contractor, then Contractor shall be entitled to an
equitable adjustment in Contract Times, if such
adjustment is essential to Contractor's ability to complete
the Work within the Contract Times. Such an adjustment
shall be Contractor's sole and exclusive remedy for the
delays described in this Paragraph 12.03.C.
D. Owner, Engineer and the Related Entities of
each of them shall not be liable to Contractor for any
claims, costs, losses, or damages (including but not
limited to all fees and charges of Engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or '
anticipated project.
E. Contractor shall not be entitled to an
adjustment in Contract Price or Contract Times for delays
within the control of Contractor. Delays attributable to
and within the control of a Subcontractor or Supplier shall
be deemed to be delays within the control of Contractor.
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ARTICLE 13 TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
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13.01 Notice of Defects
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A. Prompt notice of all defective Work of which
Owner or Engineer has actual knowledge will be given to
Contractor. All defective Work. may be rejected,
corrected, or accepted as provided in this Article 13.
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13.02 Access to Work
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A. Owner, Engineer, their consultants and other
representatives and.' personnel of Owner, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation,
inspecting, and testing. Contractor shall provide them
proper and safe conditions for such access and advise
them of Contractor's Site safety procedures and programs
so that they may comply therewith as applicable.
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13.03 Tests and Inspections
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A. Contractor shall give Engineer timely notice
of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
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B. Owner shall employ and pay for the services
of an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
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1. for inspections, tests, or approvals covered by
Paragraphs 13.03.C and 13.03.D below;
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2. that costs incurred in connection with tests or
inspections conducted pursuant to Paragraph 13.04.B
shall be paid as provided in said Paragraph 13.04.C; and
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3. as otherwise specifically provided in the Con-
tract Documents.
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C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an
employee or other representative of such public body,
Contractor shall assume full responsibility for arranging
and obtaining such inspections, tests, or approvals, pay all
costs in connection therewith, and furnish Engineer the
required certificates of inspection or approval.
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D. Contractor shall be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests, or approvals required for Owner's
April 15, 2008
and Engineer's acceptance of materials or equipment to
be incorporated in the Work; or acceptance of materials,
mix designs, or equipment submitted for approval prior to
Contractor's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to Owner and
Engineer.
E. If any Work (or the work of others) that is to
be inspected, tested, or approved is covered by Contractor
without written concurrence of Engineer, it must, if
. requested by Engineer, be uncovered for observation.
F. Uncovering Work as provided in Paragraph
13.03.E shall be at Contractor's expense unless
Contractor has given Engineer timely notice of
Contractor's intention to cover the same and Engineer has
not acted with reasonable promptness in response to such
notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of Engineer, it must, if requested by Engineer, be
uncovered for Engineer's observation and replaced at
Contractor's expense.
B. If Engineer considers it necessary or advisable
that covered Work be observed by Engineer or inspected
or tested by others, Contractor, at Engineer's request,
shall uncover, expose, or otherwise make available for
observation, inspection, or testing as Engineer may
require, that portion of the Work in question, furnishing
all necessary labor, material, and equipment.
C. If it is found that the uncovered Work is
defective, Contractor shall pay all claims, costs, losses,
and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such
uncovering, exposure, observation, inspection, and
testing, and of satisfactory replacement or reconstruction
(including but not limited to all costs of repair or
replacement ,of work of others); and Owner shall be
entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount thereof,
Owner may make a Claim. therefor as provided in
Paragraph 10.05.
D. If, the uncovered Work is not found to be
defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or
both, directly attributable to such uncovering, exposure,
observation, inspection, testing, replacement, and
reconstruction. If the parties are unable to agree as to the
amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
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13.05 Owner May Stop the Work
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A. If the Work is defective, or Contractor fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way
that the completed Work will conform to the Contract
Documents, Owner may order Contractor to stop the
Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of Owner
to stop the Work shall not give rise to any duty on the part
of Owner to exercise this right for the benefit of
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or
agent of any of them.
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13.06 Correction or Removal of Defective Work
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A. Promptly after receipt of notice, Contractor
shall correct all defective Work, whether or not
fabricated, installed, or completed, or, if the Work has
been rejected by Engineer, remove it from the Project and
replace it with Work that is not defective. Contractor shall
pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to such correction or removal (including but
not limited to all costs of repair or replacement of work of
others).
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B. When correcting defective Work under the
terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or
otherwise impair Owner's special warranty and guarantee,
if any, on said Work.
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13.07 Correction Period
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A. If within one year after the date of Substantial
Completion (or such longer period of time as may be
prescribed by the terms of any applicable special
guarantee required by the Contract Documents) or by any
specific provision of the Contract Documents, any Work
is found to be defective, or if the repair of any damages to
the land or areas made available for Contractor's use by
Owner or permitted by Laws and Regulations as
contemplated in Paragraph 6.11.A is found to be
defective, Contractor shall promptly, without cost to
Owner and in accordance with Owner's written
instructions:
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1. repair such defective land or areas; or
2. correct such defective Work; or
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April 15,2008
3. if the defective Work has been rejected by
Owner, remove it from the Project and replace it with
Work that is not defective, and
4. satisfactorily correct or repair or remove and
replace any damage to other Work, to the work of others
or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with
the terms of Owner's written instructions, or in an
emergency where delay would cause serious risk of loss
or damage, Owner may have the defective Work
corrected or repaired or may have the rejected Work re-
moved and replaced. All claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attomeys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to such correction or repair
or such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by Contractor.
C. In special circumstances where a particular
item of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Specifications .
D. Where defective Work (and damage to other
Work resulting therefrom) has been corrected or removed
and replaced under this Paragraph 13.07, the correction
period hereunder with respect to such Work will be
extended for an additional period of one year after such
correction or removal and replacement has been
satisfactorily completed.
E. Contractor's obligations under this Paragraph
13.07 are in addition to any other obligation or warranty.
The provisions of this Paragraph 13.07 shall not be
construed as a substitute for or a waiver of the provisions
of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal
and replacement of defective Work, Owner (and, prior to
Engineer's recommendation of final payment, Engineer)
prefers to accept it, Owner may do so. Contractor shall .
pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) attributable to
Owner's evaluation of and determination to accept such
defective Work (such costs to be approved by Engineer as
to reasonableness) and the diminished value of the Work
to the extent not otherwise paid by Contractor pursuant to
this sentence. If any such acceptance occurs prior to
Engineer's recommendation of [mal payment, a Change
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Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work, and
Owner shall be entitled to an appropriate decrease in the
Contract Price, reflecting the diminished value of Work
so accepted. If the parties are unable to agree as to the
amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs
after such recommendation, an appropriate amount will be
paid by Contractor to Owner.
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13.09 Owner May Correct Defective Work
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A. If Contractor fails within a reasonable time
after written notice from Engineer to correct defective
Work or to remove and replace rejected Work as required
by Engineer in accordance with Paragraph 13.06.A, or if
Contractor fails to perform the Work in accordance with
the Contract Documents, or if Contractor fails to comply
with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor,
correct or remedy any such deficiency.
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B. In exercising the rights and remedies under
this Paragraph 13.09, Owner shall proceed expeditiously.
In connection with such corrective or remedial action,
Owner may exclude Contractor from all or part of the
Site, take possession of all or part of the Work and
suspend Contractor's services related thereto, take posses-
sion of Contractor's tools, appliances, construction
equipment and machinery at the Site, and incorporate in
the Work all materials and equipment stored at the Site or
for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other
contractors, and Engineer and Engineer's consultants
access to the Site to enable Owner to exercise the rights
and remedies under this Paragraph.
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C. All claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred or sustained by Owner in exercising the
rights and remedies under this Paragraph 13.09 will be
charged against Contractor, mid a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the Contract
Price. If the parties are unable to agree as to the amount of
the adjustment, Owner may make a Claim therefor as
provided in Paragraph 10.05. Such claims, costs, losses
and damages will include but not be limited to all costs of
repair, or replacement of work of others destroyed or
damaged by correction, removal, or replacement of
Contractor's defective Work.
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D. Contractor shall not be allowed an extension
of the Contract Times because of any delay in the
Apri115,2008
performance of the Work attributable to the exercise by
Owner of Owner's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The Schedule of Values established as provid-
ed in Paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a forin of Applica-
tion for Payment acceptable to Engineer. Progress
payments on account of Unit Price Work will be based on
the number of units completed.
14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date established in
the Agreement for each progress payment (but not more
often than once a month), Contractor shall submit to
Engineer for review an Application for Payment filled out
and signed by Contractor covering the Work completed as
of the date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the Site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice, or
other documentation warranting that Owner has received
the materials and equipment free and clear of all Liens
and evidence that the materials and equipment are
covered by appropriate property insurance or other
arrangements to protect Owner's interest therein, all of
which' must be satisfactory to Owner.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit of
Contractor stating that all previous progress payments
received on account of the Work have been applied on
account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
3. The amount of retainage with respect to
progress payments will be as stipulated in the Agreement.
B. Review of Applications
1. Engineer will, within 10 days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application
to Owner or return the Application to Contractor
indicating in writing Engineer's reasons for refusing to
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recommend payment. In the latter case, Contractor may
make the necessary corrections and resubmit the
Application.
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2. Engineer's recommendation of any payment
requested in an Application for Payment will constitute a
representation by Engineer to Owner, based on Engineer's
observations on the Site of the executed Work as an
experienced and qualified design professional and on
Engineer's review of the Application for Payment and the
accompanying data and schedules, that to the best of
Engineer's knowledge, information and belief:
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a. the Work has progressed to the point indicat-
ed;
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b. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a. final determination of
quantities and classifications for Unit Price Work
under Paragraph 9.07, and to any other
qualifications stated in the recommendation); and
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c. the conditions precedent to Contractor's being
entitled to such payment appear to have been
fulfilled in so far as it is Engineer's
responsibility to observe the Work.
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3. By recommending any such payment Engineer
will not thereby be deemed to have represented that:
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a. inspections made to check the quality or the
quantity of the Work as it has been performed
have been exhaustive, extended to every aspect
of the. Work in progress, or involved detailed
inspections of the Work beyond the responsi-
bilities specifically assigned to Engineer in the
Contract Documents; or
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b. that there may not be other matters or issues
between the parties that might entitle Contractor
to be paid additionally by Owner or entitle
Owner to withhold payment to Contractor.
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4. Neither Engineer's review of Contractor's
Work for the purposes of recommending payments nor
Engineer's recommendation of any payment, including
[mal payment, will impose responsibility on Engineer:
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a. to supervise, direct, or control the Work, or
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b. for the means, methods, techniques,
sequences, or procedures of construction, or the
safety precautions and programs incident thereto,
or
April15,2008
c. for Contractor's failure to comply with Laws
and Regulations applicable to Contractor's
performance of the Work, or
d. to make any examination to ascertain how or
for what purposes Contractor has used the
moneys paid on account of the Contract Price, or
e. to determine that title to any of the Work,
materials, or equipment has passed to Owner free
and clear of any Liens.
5. Engineer may refuse to recommend the whole
or any part of any payment if, in Engineer's opinion, it
would be incorrect to make the representations to Owner
stated in Paragraph 14.02.B.2. Engineer may also refuse
to recommend any such payment or, because of subse-
quently discovered evidence or the results of subsequent
inspections or tests, revise or revoke any such payment
recommendation previously made, to such extent as may
be necessary in Engineer's opinion to protect Owner from
loss because:
a. the Work is defective, or completed Work has
been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Change Orders;
c. Owner has been required to correct defective
Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the
occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to Owner with Engineer's recommendation,
the amount recommended will (subject to the provisions
of Paragraph 14.02.D) become due, and when due will be
paid by Owner to Contractor.
D. Reduction in Payment
1. Owner may refuse to make payment of the full
amount recommended by Engineer because:
a. claims have been made against Owner on
account of Contractor's performance or furnish-
ing of the Work;
b. Liens have been filed in connection with the
Work, except where Contractor has delivered a
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specific bond satisfactory to Owner to secure the
satisfaction and discharge of such Liens;
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c. there are other items entitling Owner to a
set-off against the amount recommended; or
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d. Owner has actual knowledge of the occurrence
of any of the events enumerated in Paragraphs
14.02.B.5.a through 14.02.B.5.c or Paragraph
15.02.A.
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2. If Owner refuses to make payment of the full
amount recommended by Engineer, Owner will give
Contractor immediate written notice (with a copy to
Engineer) stating the reasons for such action and promptly
pay Contractor any amount remaining after deduction of
the amount so withheld. Owner shall promptly pay
Contractor the amount so withheld, or any adjustment
thereto agreed to by Owner and Contractor, when
Contractor corrects to Owner's satisfaction the reasons for
such action.
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3. If it is subsequently determined that Owner's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by Paragraph 14.02.C.1.
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14.03 Contractor's Warranty of Title
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A. Contractor warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to Owner no later than the time of
payment free and clear of all Liens.
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14.04 Substantial Completion
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A. 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 Engineer
issue a certificate of Substantial Completion.
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B. Promptly after Contractor's notification,
Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of
completion. If Engineer does not consider the Work
substantially complete, Engineer will notify Contractor in
writing giving the reasons therefor.
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C. If Engineer considers the Work substantially
complete, Engineer will deliver to Owner a tentative
certificate of Substantial Completion which shall fix the
date of Substantial Completion. There shall be attached to
the certificate a tentative list of items to be completed or
corrected before final payment. Owner shall have seven
days after receipt of the tentative certificate during which
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April 15,2008
to make written objection to Engineer as to any provisions
of the certificate or attached list. If, after considering such
objections, Engineer concludes that the Work is not
substantially complete, Engineer will within 14 days after
submission of the tentative certificate to Owner notify
Contractor in writing, stating the reasons therefor. If, after
consideration of Owner's objections, Engineer considers
the Work substantially complete, Engineer will within
said 14 days execute and deliver to Owner and Contractor
a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or correct-
ed) reflecting such changes from the tentative certificate
as Engineer believes justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative
certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommen-
dation as to division of responsibilities pending fmal
payment between Owner and Contractor with respect to
security, operation, safety, and protection of the Work,
maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Contractor agree otherwise
in . writing and so inform Engineer in writing prior to
Engineer's issuing the defmitive certificate of Substantial
Completion, Engineer's aforesaid recommendation will
be binding on Owner and Contractor until final payment.
E. Owner shall have the right to exclude
Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable
access to complete or correct items on the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the
Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been
identified in the Contr~ct Documents, or which Owner,
Engineer, and Contractor agree constitutes a separately
functioning and usable part of the Work that can be used
by Owner for its intended purpose without significant
interference with Contractor's performance of the
remainder of the Work, subject to the following condi-
tions.
1. Owner at any time may request Contractor in
writing to permit Owner to use or occupy any such part of
the Work which Owner believes to be ready for its
intended use and substantially complete. If and when
Contractor agrees that such part of the Work is
substantially complete, Contractor will certify to Owner
and Engineer that such part of the Work is substantially
complete and request Engineer to issue a certificate of
Substantial Completion for that part of the Work.
2. Contractor at any time may notify Owner and
Engineer in writing that Contractor considers any such
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part of the Work ready for its intended use and substan-
tially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work.
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3. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an
inspection of that part of the Work to determine its status
of completion. If Engineer does not consider that part of
the Work to be substantially complete, Engineer will
notify Owner and Contractor in writing giving the reasons
therefor. If Engineer considers that part of the Work to be
substantially complete, the provisions of Paragraph 14.04
will apply with respect to certification of Substantial
Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
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4. No use or occupancy or separate operation of
part of the Work may occur prior to compliance with the
requirements of Paragraph 5.10 regarding property
msurance.
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14.06 Final Inspection
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A. Upon written notice from Contractor that the
entire Work or an agreed portion thereof is complete,
Engineer will promptly make a final inspection with
Owner and Contractor and will notify Contractor in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
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14.07 Final Payment
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A. Application for Payment
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1. After Contractor has, in the opinion of
Engineer, satisfactorily completed all corrections
identified during the fmal inspection and has delivered, in
accordance with the Contract Documents, all maintenance
and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance certificates of
inspection, marked-up record documents (as provided in
Paragraph 6.12), and other documents, Contractor may
make application for final payment following the
procedure for progress payments.
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2. The fmal Application for Payment shall be
accompanied (except as previously delivered) by:
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a. all documentation called for in the Contract
Documents, including but not limited to the
evidence of insurance required by Paragraph
5.04.B.7;
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b. consent of the surety, if any, to fmal payment;
Apri115,2008
c. a list of all Claims against Owner that
Contractor believes are unsettled; and
d. complete and legally effective releases or
waivers (satisfactory to Owner) of all Lien rights
arising out of or Liens filed in connection with
the Work.
3. In lieu of the releases or waivers of Liens
specified in Paragraph 14.07.A.2 and as approved by
Owner, Contractor may furnish receipts or releases in full
and an affidavit of Contractor that: (i) the releases and
receipts include all labor, services, material, and
equipment for which a Lien could be filed; and (ii) all
payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner
or Owner's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
Contractor may furnish a bond or other collateral
satisfactory to Owner to indemnify Owner agains! any
Lien.
B. Engineer's Review of Application and
Acceptance
1. If, on the basis of Engineer's observation of
the Work during construction and fmal inspection, and
Engineer's review of the fmal Application for Payment
and accompanying documentation as required by the
Contract Documents, Engineer is satisfied that the Work
has been completed and Contractor's other obligations
under the Contract Documents have been fulfilled,
Engineer will, within ten days after receipt of the final
Application for Payment, indicate in writing Engineer's
recommendation of payment and present. the Application
for Payment to Owner for payment. At the same time
Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the
provisions of Paragraph 14.09. Otherwise, Engineer will
return the Application for Payment to Contractor, indicat-
ing in writing the reasons for refusing to recommend fmal
payment, in which case Contractor shall make the
necessary corrections and resubmit the Application for
Payment.
C. Payment Becomes Due
1. Thirty days after the presentation to Owner of
the Application for Payment and accompanying docu-
mentation, the amount recommended by Engineer, less
any sum Owner is entitled to set off against Engineer's
recommendation, including but not limited to liquidated
damages, will become due and, will be paid by Owner to
Contractor.
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14.08 Final Completion Delayed
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A. If, through no fault of Contractor, final
completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of
Contractor's [mal Application for Payment (for Work
fully completed and accepted) and recommendation of
Engineer, and without terminating the Contract, make
payment of the balance due for that portion of the Work
fully completed and accepted. If the remaining balance to
be held by Owner for Work not fully completed or
corrected is less than the retainage stipulated in the
Agreement, and if bonds have been furnished as required
in Paragraph 5.01, 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.
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14.09 Waiver of Claims
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A. The making and acceptance of final payment
will constitute:
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1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled Liens,
from defective Work appearing after final inspection
pursuant to Paragraph 14.06, from failure to comply with
the Contract Documents or the terms of any special
guarantees specified therein, or from Contractor's
continuing obligations under the Contract Documents;
and
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2. a waiver of all Claims by Contractor against
Owner other than those previously made in accordance
with the requirements herein and expressly acknowledged
by Owner in writing as still unsettled.
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ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
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15.01 Owner May Suspend Work
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A. At any time and without cause, Owner may
suspend the Work or any portion thereof for a period of
not more than 90 consecutive days by notice in writing to
Contractor and Engineer which will fix the date on which
Work will be resumed. Contractor shall resume the Work
on the date so fixed. Contractor shall be granted an adjust-
ment in the Contract Price or an extension of the Contract
Times, or both, directly attributable to any such
suspension if Contractor makes a Claim therefor as
provided in Paragraph lO.05.
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15.02 Owner May Terminatefor Cause
A. The occurrence of anyone or more of the
following events will justify termination for cause:
1. Contractor's persistent failure to perform the
Work in accordance with the Contract Documents
(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 2.07 as adjusted from time to time
pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations
of any public body having jurisdiction;
3. Contractor's disregard of the authority of
Engineer; or
4. Contractor's violation in any substantial way
of any provisions of the Contract Documents.
B. If one or more of the events identified in
Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its
intent to terminate the services of Contractor:
1. exclude Contractor from the Site, and take
possession of the Work and of all Contractor's tools,
appliances, construction equipment, and machinery at the
Site, and use the same to the full extent they could be
used by Contractor (without liability to Contractor for
trespass or conversion),
2. 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
3. complete the Work as Owner may deem
expedient.
C. If Owner proceeds as provided in Paragraph
15.02.B, Contractor shall not be entitled to receive any
further payment until the Work is completed. If the
unpaid balance of the Contract Price exceeds all claims,
costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attomeys, and
other professionals and all court or arbitration or other
dispute resolution costs) sustained by Owner arising out
of or relating to completing the Work, such excess will be
paid to Contractor. If such claims, costs, losses, and
damages exceed such unpaid balance, Contractor shall
pay the difference to Owner. Such claims, costs, losses,
and damages incurred by Owner will be reviewed by
Engineer as to their reasonableness and, when so
approved by Engineer, incorporated in a Change Order.
When exercising any rights or remedies under this
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Paragraph Owner shall not. be required to obtain the
lowest price for the Work performed.
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D. Notwithstanding Paragraphs 15.02.B and
15.02.C, Contractor's services will not be terminated if
Contractor begins within seven days of receipt of notice
of intent to terminate to correct its failure to perform and
proceeds diligently to cure such failure within no more
than 30 days of receipt of said notice.
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E. Where Contractor's services have been so
terminated by Owner, the termination will not affect any
rights or remedies of 'Owner against Contractor then
existing or which may thereafter accrue. Any retention or
payment of moneys due Contractor by Owner will not
release Contractor from liability.
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F. If and to the extent that Contractor has
provided a performance bond under the provisions of
Paragraph 5.01.A, the termination procedures of that bond
shall supersede the provisions of Paragraphs 15.02.B, and
15.02.C.
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15.03 Owner May Terminate For Convenience
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A. Upon seven days written notice to Contractor
and Engineer, Owner may, without cause and without
prejudice to any other right or remedy of Owner,
terminate the Contract. In such case, Contractor shall be
paid for (without duplication of any items):
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1. completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
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2. expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the Contract
Documents in connection with uncompleted Work, plus
fair and reasonable sums for overhead and profit on such
expenses;
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3. all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts with
Subcontractors, Suppliers, and others; and
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4. reasonable expenses directly attributable to
termination.
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B. Contractor shall not be paid on account ofloss
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
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15.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i)
the Work is suspended for more than 90 consecutive days
by Owner or under an order of court or other public
authority, or (ii) Engineer fails to act on any Application
for Payment within 30 days after it is submitted, or (iii)
Owner fails for 30 days to pay Contractor any sum finally
determined to be due, then Contractor may, upon seven
days written notice to Owner and Engineer, and provided
Owner or Engineer do not remedy such suspension or
failure within that time, terminate the Contract and
recover from Owner payment on the same terms as
provided in Paragraph 15.03.
B. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if
Engineer has failed to act on an Application for Payment
within 30 days after it is submitted, or Owner has failed
for 30 days to pay Contractor any sum [mally determined
to be due, Contractor may, seven days after written notice
to Owner and Engineer, stop .the Work until payment is
made of all such amounts due Contractor, including
interest thereon. The provisions of this Paragraph 15.04
are not intended to preclude Contractor from making a
Claim under Paragraph 10.05 for an adjustment in
Contract Price or Contract Times or otherwise for
expenses or damage directly attributable to Contractor's
stopping the Work as permitted by this Paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either Owner or Contractor may request
mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision
becomes [mal and binding. The mediation will be
govemed by the Construction Industry Mediation Rules
of the American Arbitration Association in effect as of the
Effective Date of the Agreement. The request for
mediation shall be submitted in writing to the American
Arbitration Association and the other party to the
Contract. Timely submission of the request shall stay the
effect of Paragraph 10.05.E.
B. Owner and Contractor shall participate in the
mediation process in good faith. The process shall be
concluded within 60 days of filing of the request. The
date of termination of the mediation shall be determined
by application of the mediation rules referenced above.
C. If the Claim is not resolved by mediation,
Engineer's action under Paragraph 10.05.C or a denial
pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become
final and binding 30 days after termination of the
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mediation unless, within that time period, Owner or
Contractor:
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1. elects in writing to invoke any dispute
resolution process provided for in the Supplementary
Conditions, or
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2. agrees with the other party to submit the
Claim to another dispute resolution process, or
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3. gives written notice to the other party of their
intent to submit the Claim to a court of competent
jurisdiction.
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ARTICLE 17 - MISCELLANEOUS
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17.01 Giving Notice
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A. Whenever any provlSlon of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if:
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1. delivered in person to the individual or to a
member of the fIrm or to an offIcer of the corporation for
whom it is intended, or
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2. delivered at or sent by registered or certifIed
mail, postage prepaid, to the last business address known
to the giver of the notice.
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17.02 Computation of Times
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A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the fIrst and include the last day of such period. If
the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the
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April 15,2008
applicable jurisdiction, such day will be omitted from the
computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are
not to be construed in any way as a limitation of, any
rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regula-
tions, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of
this Paragraph will be as effective as if repeated
specifIcally in the Contract Documents in connection with
each particular duty, obligation, right, and remedy to
which they apply.
17.04 Survival of Obligations
A. All representations, indemnifIcations, warran-
ties, and guarantees made in, required by, or given in
accordance with the Contract Documents; as well as all
continuing obligations indicated in the Contract Docu-
ments, will survive fInal payment, completion, and
acceptance of the Work or tennination or completion of
the Contract or tennination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of
the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted
for convenience only and do not constitute parts
of these General Conditions.
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SUPPLEMENTARY GENERAL CONDITIONS
SC-l. These supplementary conditions amend or supplement the Standard General Conditions of
the Construction Contract and other provisions of the Contract Documents as indicated
below. All provisions which are not so amended or supplemented remain in full force and
effect.
SC-2. The terms used in the supplementary condition which are defined in the Standard General
Conditions to the Construction Contract have the meanings assigned to them in the General
Conditions.
SC-3. Amend first sentence of paragraph 2.2
Owner shall furnish to Contractor up to three (3) copies.'. .
SC-4. Delete Section 2.5 in its entirety and insert the following.
Before any work at the site is started, CONTRACTOR shall deliver to OWNER, with
a copy to ENGINEER, certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and maintain in accordance
with paragraphs 5.3 and 5.4.
SC-5. Amend paragraph 4.2.1
Add: Soil boring report is not available. Contractor is responsible for verification
of the existence of suitable soil on site as well as the suitability of imported
soil.
SC-6. The limits ofliability for the insurance required by paragraph 5.3 ofthe General Conditions
shall provide coverage for not less than the following amounts or greater where required by .
Laws and Regulations:
a. Policies, Certificates, Limits and Disposition of Documents. - The Contractor shall
obtain at his expense insurance with limits as shown hereinbelow unless the
Contractor desires to broaden the limits and obtain more protection.
[1] OWNER'S PROTECTNE LIABILITY INSURANCE - Taken out in name of
the owner as insured. (See Invitation to Bid for exact legal name of owner.)
Bodily injury, including death -limits of$l,OOO,OOO.OO for each person and
$2,000,000.00 for each accident.
Property damage -limits of$500,000.00 for each accident and $1,000,000.00
for the aggregate of operations.
DISPOSITION: Original policy must be deposited with owner prior to
commencement of work.
[2] CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE - Taken out in
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the name oftheContractor.
Bodily injury, including death -limits of$l,OOO,OOO.OO for each person and
$2,000,000.00 for each accident.
Property damage -limits of$500,000.00 for each accident and $1,000,000.00
for the aggregate of operations.
DISPOSITION: Certificate of insurance must be sent to owner prior to
commencement of work.
[3] CONTRACTOR'S PUBLIC LIABILITY INSURANCE - Taken out in the
name of the Contractor.
Bodily injury, including death -limits of $1,000,000.00 for each person and
$2,000,000.00 for each accident.
Property damage -limits of$500,000.00 for each accident and $1,000,000.00
for the aggregate of operations.
DISPOSITION: Certificate of insurance must be sent to Owner prior to
commencement of work.
[4] BUILDER'S RISK INSURANCE - Payable to the Contractor and Owner, as
their interests may appear, upon the entire structure and upon all materials in
or adjacent thereto which are to be made a part of the insured structure to
100% of the insurable value thereof covering fire, extended coverage,
vandalism and malicious mischief.
DISPOSITION: Original policy must be deposited with Owner prior to
commencement of work.
b.
Acceptability of Insurers to Owner. - No insurance will be acceptable unless written
by a company licensed by the State Insurance Commissioner to do business in
Georgia at the time the policy is issued, and the company must in addition be
acceptable to the Owner. To avoid inconvenience, any general contractor or
. subcontractor must get in touch with the Owner to determine whether the insurance
company or companies he expects to use is or are acceptable to the Owner. All
policies and certificates must be signed or countersigned, as the case may be, by
resident Georgia agents.
c.
Termination of Obligation to Insure. - Unless otherwise expressly provided to the
contrary, the obligation to insure as prescribed herein shall not terminate until the
Engineer shall have executed the final certificate.
d.
Contractor shall purchase and maintain during the full course of construction "All
Risk" Builder's Risk Insurance coverage which names the Contractor, Owner and
Engineer as co-insured.
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e. The Contractor will turn over areas completed for construction prior to substantial
completion. Contractor shall maintain insurance on work he performs within "battery
limits". .
SC-7. Add paragraph to section 7.01
7.5. Should CONTRACTOR cause damage to the work or property of any
separate contractor at the site, or should any claim arising out of
CONTRACTOR's performance of the Work at the site be made by any
separate contractor against CONTRACTOR, OWNER, ENGINEER, the
Construction Coordinator or any other person, CONTRACTOR shall
promptly attempt to settle with such other contractor by agreement, or to
otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall,
to the fullest extent permitted by Laws and Regulations, indemnify and hold
OWNER, ENGINEER and the Construction Coordinator harmless from and
against all claims, damages, losses and expenses (including, but not limited
to, fees of engineers, architects, attorneys and other professionals and court
and arbitration costs) arising directly, indirectly or consequentially out of any
action, legal or equitable, brought by any separate contractor against
OWNER, ENGINEER, or the Construction Coordinator to the extent based
on a claim arising out of CONTRACTOR's performance of the Work.
Should a separate contractor cause damage to the Work or property of
CONTRACTOR or should the performance of Work by any separate
contractor at the site give rise to any other claim, CONTRACTOR shall not
institute any action, legal or equitable, against OWNER, ENGINEER or the
Construction Coordinator or permit any action against any of them to be
maintained and continued in its name or for its benefit in any court or before
any arbiter which seeks to impose liability on or to recover damages from
OWNER, ENGINEER or the Construction Coordinator on account of any
such damage or claim. If CONTRACTOR is delayed at any time in
performing or furnishing Work by any act or neglect of a separate contractor
and OWNER and CONTRACTOR are unable to agree as to t he extent of any
adjustment in Contract Time attributable thereto, CONTRACTOR may make
a claim for an extension of time in accordance with Article 12. An extension
of the Contract Time shall be CONTRACTOR's exclusive remedy with
respect to OWNER, ENGlNEER and Construction Coordinator for any delay,
disruption, interference or hindrance caused by any separate contractor. This
paragraph does not prevent recovery from OWNER, ENGINEER or
Construction Coordinator for activities that are their respective
responsibili ti es.
SC-8. Delete paragraph 9.07 ofthe General Conditions in its entirety and insert the following in its
place:
- 3-
K:142070 1IAdminlSpecslF ront-endlSuppCond.doc
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9.07 ENGINEER will have authority to determine the actual quantities and
classifications of items of Unit Price Work performed by CONTRACTOR,
and the written decisions of ENGINEER on such matters will be [mal,
binding on OWNER and CONTRACTOR and not subj ect to appeal (except
as modified by ENGINEER to reflect changed factual conditions).
SC-9 Delete ARTICLE 16.
- 4 - K:1420701IAdminISpecsIFront-endlSuppCond.doc
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McBean and Meadowbrook Park Improvements
Augusta-Richmond County Parks and Recreation
April 15, 2008
SECTION C-510 Notice of Award
Notice of Award
Dated
Project: McBean and Meadowbrook Park
Improvements
Contract:
IOwner: Augusta-Richmond County Recreation
land Parks
Engineer's Project No.: 42.0701 & 42.0703
Bidder:
Bidder's Address: (send Certified Mail, Return Receipt Requested)
You are notified that your Bid dated _ for the above Contract has been considered. You are the Successful
Bidder and are awarded a Contract for
The Contract Price of your Contract is _
_ Dollars ($_).
(Inserl appropriate data if Unit Prices are used. Change language for Cost-Plus contracts.)
_ copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
_ sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within 15 days of the date you receive this Notice of
Award.
1. Deliver to the Owner 3 fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 20), [and] General Conditions (Paragraph 5.01) [and Supplementary
Conditions (Paragraph SC-5.01 ).]
3. Other conditions precedent:
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,
annul this Notice of Award and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
Owner
By:
Authorized Signature
Title
Copy to Engineer
C-510 Notice of Award
Page 1 of 1
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McBean and Meadowbrook Park Improvements
Augusta-Richmond County Recreation and Parks
April15,2008
SECTION 011000 - SUMMARY
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Work covered by the Contract Documents.
2. Type of the Contract.
3. Work phases.
4. Work under other contracts.
5. Products ordered in advance.
6. Owner-furnished products.
7. Use of premises.
8. Owner's occupancy requirements.
9. Work restrictions.
10. Specification formats and conventions.
1.3 WORK COVERED BY CONTRACT DOCUMENTS
A. Project Identification: McBean and Meadowbrook Park Improvements
1. Project Location: Hephzibah-McBean Road, McBean, Georgia and Meadowlark Road,
Augusta, Georgia.
B. Owner: Augusta-Richmond County Recreation and Parks Department
2027 Lumpkin Road
Augusta, GA 30916-5605
1. Owner's Representative: Ron Houck
C. Landscape Architect: Johnson, Laschober & Assoc., P.c.
1296 Broad Street
Augusta, Ga. 30901
D. The Work consists of the following:
SUMMARY
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1. The Work includes Construction of two pavilions with restrooms, parking
improvements, paved sport court and playground, site utilities and landscaping.
1.4 TYPE OF CONTRACT
A. Project will be constructed under a single prime contract.
1.5 WORK PHASES
A. The Work shall be conducted in 1 phase
1.6 USE OF PREMISES
A. General: Contractor shall have full use of premises for construction operations, including use of
Project site, during construction period. Contractor's use of premises is limited only by Owner's
right to perform work or to retain other contractors on portions of Project.
B. Use of Site: Limit use of premises to areas within the Contract limits indicated. Do not disturb
portions of Project site beyond areas in which the Work is indicated.
1. Driveways and Entrances: Keep driveways and entrances serving premises clear and
available to Owner, Owner's employees, and emergency vehicles at all times. Do not use
these areas for parking or storage of materials.
a. Schedule deliveries to minimize use of driveways and entrances.
b. Schedule deliveries to minimize space and time requirements for storage of
materials and equipment on-site.
1.7 SPECIFICATION FORMATS AND CONVENTIONS
A. Specification Format: The Specifications are organized into Divisions and Sections using the
50-division format and CSI/CSC's "MasterFormat" numbering system.
1. Section Identification: The Specifications use Section numbers and titles to help cross-
referencing in the Contract Documents. Sections in the Project Manual are in numeric
sequence; however, the sequence is incomplete because all available Section numbers are
not used. Consult the table of contents at the beginning of the Project Manual to
determine numbers and names of Sections in the Contract Documents.
2. Division 01: Sections in Division 01 govern the execution of the Work of all Sections in
the Specifications.
B. Specification Content: The Specifications use certain conventions for the style of language and
the intended meaning of certain terms, words, and phrases when used in particular situations.
These conventions are as follows:
1. Abbreviated Language: Language used in the Specifications and other Contract
Documents is abbreviated. Words and meanings shall be interpreted as appropriate.
Words implied, but not stated, shall be inferred as the sense requires. Singular words
SUMMARY 011000 - 2
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McBean and Meadowbrook Park Improvements
Augusta-Richmond County Recreation and Parks
Apri115,2008
shall be interpreted as plural, and plural words shall be interpreted as singular where
applicable as the context of the Contract Documents indicates.
2. Imperative mood and streamlined language are generally used in the Specifications.
Requirements expressed in the imperative mood are to be performed by Contractor.
Occasionally, the indicative or subjunctive mood may be used in the Section Text for
clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by
others when so noted.
a. The words "shall," "shall be," or "shall comply with," depending on the context,
are implied where a colon (:) is used within a sentence or phrase.
1.8 MISCELLANEOUS PROVISIONS
P ART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 011000
SUMMARY
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McBean and Meadowbrook Park Improvements
Augusta-Richmond County Recreation and Parks
Apri115,2008
SECTION 012300 - ALTERNATES
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for alternates.
1.3 DEFINITIONS
A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined
in the Bidding Requirements that may be added to or deducted from the Base Bid amount if
Owner decides to accept a corresponding change either in 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 alternate into the Work. No other adjustments are made to the
Contract Sum.
1.4 PROCEDURES
A. Coordination: Modify or adjust affected adjacent work as necessary to completely integrate
work of the alternate into 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 indicated as part
of alternate.
B. Notification: Immediately following award of the Contract, notify each party involved, in
writing, of the status of each alternate. Indicate if 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 the Contract.
D. Schedule: A Schedule of Alternates is included at the end of this Section. Specification
Sections referenced in schedule contain requirements for materials necessary to achieve the
work described under each alternate.
ALTERNATES
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ALTERNATES
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McBean and Meadowbrook Park Improvements
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Apri115,2008
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.1 SCHEDULE OF ALTERNATES
A. Add Alternate No. 1 - All work, materials and costs associated with parking and driveway
improvements as designed and detailed in the contract documents. Lump sum alternate price
shall include all contractor overhead and profit.
B. Add Alternate No. 2 - All work, materials and costs associated with full and complete
construction of the proposed picnic bench covers as designed and detailed in the contract
documents. Lump sum alternate price shall include all contractor overhead and profit.
C. Add Alternate No. 3 - All work, materials, and costs associated with full and complete
construction of the proposed paved entrance, fencing and wheel stops at Meadowbrook Park as
designed and detailed in the contract documents. Lump sum alternate price shall include all
contractor overhead and profit.
D. Deductive Alternate No. 1 - Contractor shall provide a lump sum credit associated with
substituting a laminated shingle roof system for the proposed metal roofing system as designed
and detailed for the Meadowbrook Park pavilion. Base bid shall include the metal roofing
system as described in the contract documents.
END OF SECTION 012300
CONTRACT MODIFICATION PROCEDURES
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SECTION 012600 - CONTRACT MODIFICATION PROCEDURES
PART 1- GENERAL
1.1 RELATED DOCUMENTS
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A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
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A.
This Section specifies administrative and procedural requirements for handling and processing
Contract modifications.
1.3
MINOR CHANGES IN THE WORK
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Engineer will issue supplemental instructions authorizing Minor Changes in the Work, not
involving adjustment to the Contract Sum or the Contract Time, on EJCDC C-940 Work change
Directive.
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1.4 PROPOSAL REQUESTS
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A. Owner-Initiated Proposal Requests: Engineer Construction Manager will issue a detailed
description of proposed changes in the Work that may require adjustment to the Contract Sum
or the Contract Time. If necessary, the description will include supplemental or revised
Drawings and Specifications.
1. Proposal Requests issued by Engineer are for information only. Do not consider them
instructions either to stop work in progress or to execute the proposed change.
2. Within 20 days after receipt of Proposal Request, submit a quotation estimating cost
adjustments to the Contract Sum and the Contract Time necessary to execute the change. .
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a. Include a list of quantities of products required or eliminated and unit costs, with
total amount of purchases and credits to be made. If requested, furnish survey data
to substantiate quantities.
b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
c. Include costs of labor and supervision directly attributable to the change.
d. Include an updated Contractor's Construction Schedule that indicates the effect of
the change, including, but not limited to, changes in activity duration, start and
finish times, and activity relationship. Use available total float before requesting
an extension of the Contract Time.
B. Contractor-Initiated Proposals: If latent or unforeseen conditions require modifications to the
Contract, Contractor may propose changes by submitting a request for a change to Engineer.
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CONTRACT MODIFICATION PROCEDURES
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1. Include a statement outlining reasons for the change and the effect of the change on the
Work. Provide a complete description of the proposed change. Indicate the effect of the
proposed change on the Contract Sum and the Contract Time.
2. Include a list of quantities of products required or eliminated and unit costs, with total
amount of purchases and credits to be made. If requested, furnish survey data to
substantiate quantities.
3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
4. hiclude costs of labor and supervision directly attributable to the change.
5. Include an updated Contractor's Construction Schedule that indicates the effect of the
change, including, but not limited to, changes in activity duration, start and finish times,
and activity relationship. Use available total float before requesting an extension of the
Contract Time.
6. Comply with requirements in Division 01 Section "Product Requirements" if the
proposed change requires substitution of one product or system for product or system
specified.
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C. Change Order Request Form: Use EJCDC C941 Change Order.
1.5 ALLOWANCES
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A.
Allowance Adjustment: To adjust allowance amounts, base each Change Order proposal on the
difference between purchase amount and the allowance, multiplied by final measurement of
work-in-p1ace. If applicable, include reasonable allowances for cutting losses, tolerances,
mixing wastes, normal product imperfections, and similar margins.
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1. Include installation costs in purchase amount only where indicated as part of the
allowance.
2. If requested, prepare explanation and documentation to substantiate distribution of
overhead costs and other margins claimed.
3. Submit substantiation of a change in scope of work, if any, claimed in Change Orders
related to unit-cost allowances.
4. Owner reserves the right to establish the quantity of work-in-p1ace by independent
quantity survey, measure, or count.
B.
Submit claims for increased costs because of a change in scope or nature of the allowance
described in the Contract Documents, whether for the Purchase Order amount or Contractor's
handling, labor, installation, overhead, and profit. Submit claims within 21 days of receipt of
the Change Order or Construction Change Directive authorizing work to proceed. Owner will
reject claims submitted later than 21 days after such authorization.
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1. Do not include Contractor's or subcontractor's indirect expense in the Change Order cost
amount unless it is clearly shown that the nature or extent of work has changed from what
could have been foreseen from information in the Contract Documents.
2. No change to Contractor's indirect expense is permitted for selection of higher- or 10wer-
priced materials or systems of the same scope and nature as originally indicated.
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McBean and MeadowbrookPark Improvements
Augusta-Richmond County Recreation and Parks
Apri115,2008
1.6 CHANGE ORDER PROCEDURES
A. On Owner's approval of a Proposal Request, Engineer will issue a Change Order for signatures
of Owner and Contractor.
1.7 CONSTRUCTION CHANGE DIRECTIVE
A. Work Change Directive: Engineer may issue a Work Change Directive on
EJCDC Document C940. Work Change Directive instructs Contractor to proceed with a change
in the Work, for subsequent inclusion in a Change Order.
1. Work Change Directive contains a complete description of change in the Work. It also
designates method to be followed to determine change in the Contract Sum or the
Contract Time.
B. Documentation: Maintain detailed records on a time and material basis of work required by the
Work Change Directive.
1. After completion of change, submit an itemized account and supporting data necessary to
substantiate cost and time adjustments to the Contract.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 012600
CONTRACT MODIFICATION PROCEDURES
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SECTION 012900 - PAYMENT PROCEDURES
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PART 1- GENERAL
1.1 RELATED DOCUMENTS
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A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
SUMMARY
A.
This Section specifies administrative and procedural requirements necessary to prepare and
process Applications for Payment.
B.
Related Sections include the following:
1. Division 01 Section "Contract Modification Procedures" for administrative procedures
for handling changes to the Contract.
1.3 . - DEFINITIONS
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1.4
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A.
Schedule of Values: A statement furnished by Contractor allocating portions of the Contract
Sum to various portions of the Work and used as the basis for reviewing Contractor's
Applications for Payment.
SCHEDULE OF V ALVES
A.
Coordination: Coordinate preparation of the Schedule of Values with preparation of
Contractor's Construction Schedule.
1. Correlate line items in the Schedule of Values with other required administrative forms
and schedules, including the following:
a. Application for Payment forms with Continuation Sheets.
b. Submittals Schedule.
c. Contractor's Construction Schedule.
2. Submit the Schedule of Values to Engineer at earliest possible date but no later than
seven days before the date scheduled for submittal of initial Applications for Payment.
3. Subschedu1es: Where the Work is separated into phases requiring separately phased
payments, provide sub schedules showing values correlated with each phase of payment.
B. Format and Content: Use the Project Manual table of contents as a guide to establish line items
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:
PAYMENT PROCEDURES
012900 - 1
PAYMENT PROCEDURES
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a. Proj ect name and location.
b. Name of Engineer.
c. Engineer's project number.
d. Contractor's name and address.
e. Date of submittal.
2.
3.
Submit draft ofEJCDC Document C620 Contractor's Application
Arrange the Schedule of Values in tabular form with separate c
following for each item listed:
r ;Payment.
1umns to indicate the
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a. Related Specification Section or Division.
b. Description of the Work.
c. Name of subcontractor.
d. Name of manufacturer or fabricator.
e. Name of supplier.
f. Change Orders (numbers) that affect value.
g. Dollar value.
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1) Percentage of the Contract Sum to nearest one-hun
to total 100 percent.
dth percent, adjusted
5.
6.
Provide a breakdown of the Contract Sum in enough detail t facilitate continued
evaluation of Applications for Payment and progress reports. Coor inate with the Project
Manual table of contents. Provide several line items for principa subcontract amounts,
where appropriate.
Round amounts to nearest whole dollar; total shall equal the Contra t Sum.
Provide a separate line item in the Schedule of Values for each p rt of the Work where
Applications for Payment may include materials or equipment p chased or fabricated
and stored, but not yet installed.
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4.
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a. Differentiate between items stored on-site and items stored off-site. If specified,
include evidence of insurance or bonded warehousing.
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7. Provide separate line items in the Schedule of Values for initial cos of materials, for each
subsequent stage of completion, and for total installed value of that part of the Work.
8. Allowances: Provide a separate line item in the Schedule of Va1u s for each allowance.
Show line-item value of unit-cost allowances, as a product of the it cost, multiplied by
measured quantity. Use information indicated in the Contract D cuments to determine
quantities.
9. Each item in the Schedule of Values and Applications for Paym nt shall be complete.
fuclude total cost and proportionate share of general overhead and rofit for each item.
a. Temporary facilities and other major cost items that are n t direct cost of actual
work-in-p1ace may be shown either as separate line ite s in the Schedule of
Values or distributed as general overhead expense, at Contra tor's option.
10. Schedule Updating: Update and resubmit the Schedule of V lues before the next
Applications for Payment when Change Orders or Construction C ange Directives result
in a change in the Contract Sum.
PAYMENT PROCEDURES
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1.5 APPLICATIONS FOR PAYMENT
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Each Application for Payment shall be consistent with previous applica . ons and payments as
certified by Engineer and paid for by Owner.
1. Initial Application for Payment, Application for Payment at time of Substantial
Completion, and final Application for Payment involve additional r quirements.
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B. Payment Application Times: The date for each progress payment is indic ted in the Agreement
between Owner and Contractor. The period of construction Work covere by each Application
for Payment is the period indicated in the Agreement.
C. Payment Application Times: Progress payments shall be submitted to E gineer by the 25th of
the month. The period covered by each Application for Payment is one m nth.
D. Payment Application Forms: Use EJCDC Document C620 Contrac or's Application for
Payment as form for Applications for Payment.
E. Application Preparation: Complete every entry on form. Notarize an execute by a person
authorized to sign legal documents on behalf of Contractor. Engineer ill return incomplete
applications without action.
1. Entries shall match data on the Schedule of Values and Co tractor's Construction
Schedule. Use updated schedules ifrevisions were made.
2. Include amounts of Change Orders and Construction Change Direc ives issued before last
day of construction period covered by application.
F. Transmittal: Submit 3 signed and notarized original copies of each App1 cation for Payment to
Engineer by a method ensuring receipt within 24 hours. One copy shall . clude waivers of lien
and similar attachments if required.
1. Transmit each copy with a transmittal form listing attachments an recording appropriate
information about application.
G. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's
lien from every entity who is lawfully entitled to file a mechanic's 1 en arising out of the
Contract and related to the Work covered by the payment.
1. Submit partial waivers on each item for amount requested in pre ious application, after
deduction for retainage, on each item.
2. When an application shows completion of an item, submit final or ull waivers.
3. Owner reserves the right to designate which entities involved in he Work must submit
waIvers.
4. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to
Owner.
H. Initial Application for Payment: Administrative actions and submittal that must precede or
coincide with submittal of first Application for Payment include the folIo mg:
1. List of subcontractors.
2. Schedule of Values.
PAYMENT PROCEDURES
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3. Contractor's Construction Schedule (preliminary if not final).
4. Products list.
5. Schedule of unit prices.
6. Submittals Schedule (preliminary ifnot final).
7. List of Contractor's staff assignments.
8. List of Contractor's principal consultants.
9. Copies of building permits.
10. Copies of authorizations and licenses from authorities ha ng jurisdiction for
performance of the Work.
11. Initial progress report.
12. Report of preconstruct ion conference.
13. Certificates of insurance and insurance policies.
14. Performance and payment bonds.
15. Data needed to acquire Owner's insurance.
16. Initial settlement survey and damage report if required.
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1. Application for Payment at Substantial Completion: After issuing the Ce ificate of Substantial
Completion, submit an Application for Payment showing 100 percent co p1etion for portion of
the Work claimed as substantially complete.
1. Include documentation supporting claim that the Work is substa tially complete and a
statement showing an accounting of changes to the Contract Sum.
2. This application shall reflect Certificates of Partial Substanti 1 Completion issued
previously for Owner occupancy of designated portions of the Wor .
J. Final Payment Application: Submit final Application for Payment with r leases and supporting
documentation not previously submitted and accepted, including, b not limited, to the
following:
1. Evidence of completion of Project closeout requirements.
2. Insurance certificates for products and completed operations wh re required and proof
that taxes, fees, and similar obligations were paid.
3. Updated final statement, accounting for final changes to the Contra t Sum.
4. AIA Document G706, "Contractor's Mfidavit of Payment of Debts and Claims."
5. AIA Document G706A, "Contractor's Affidavit of Release of Lien ."
6. AIA Document G707, "Consent of Surety to Final Payment."
7. Evidence that claims have been settled.
8. Final meter readings for utilities, a measured record of stored fuel, and similar data as of
date of Substantial Completion or when Owner took posses ion of and assumed
responsibility for corresponding elements of the Work.
9. Final, liquidated damages settlement statement.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 012900
SUBMITTAL PROCEDURES
013300 - 1
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pri115,2008
SECTION 013300 - SUBMITTAL PROCEDURES
PART I-GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including Gener and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Sec ion.
1.2 SUMMARY
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A.
This Section includes administrative and procedural requirements for submitting Shop
Drawings, Product Data, Samples, and other submittals.
B.
Related Sections include the following:
1. Division 01 Section "Payment Procedures" for submitting Applic ions for Payment and
the Schedule of Values.
2. Division 01 Section "Project Management and Coordination" for submitting and
distributing meeting and conference minutes and for submitting Co rdination Drawings.
3. Division 01 Section "Closeout Procedures" for submitting warranti s.
4. Division 01 Section "Project Record Documents" for submi . g Record Drawings,
Record Specifications, and Record Product Data.
5. Division 01 Section "Operation and Maintenance Data" for sub itting operation and
maintenance manuals.
6. Divisions 02 through 49 Sections for specific requirements fo submittals in those
Sections.
1.3
DEFINITIONS
A.
Action Submittals: Written and graphic information that requires Engine r's responsive action.
B.
Informational Submittals: Written information that does not require Engineer's responsive
action. Submittals may be rejected for not complying with requirements.
1.4
SUBMITTAL PROCEDURES
A.
General: Electronic copies of CAD Drawings of the Contract Drawings ill not be provided by
Engineer for Contractor's use in preparing submittals.
B.
Coordination: Coordinate preparation and processing of submittals with performance of
construction activities.
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1. Coordinate each submittal with fabrication, purchasing, te ting, delivery, other
submittals, and related activities that require sequential activity.
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2. Coordinate transmittal of different types of submittals for related parts of the Work so
processing will not be delayed because of need to review subm tta1s concurrently for
coordination.
a. Engineer reserves the right to withhold action on a submittal requmng
coordination with other submittals until related submittals ar received.
C. Submittals Schedule: Comply with requirements in Division 01 Section I Construction Progress
Documentation" for list of submittals and time requirements for sche u1ed performance of
related construction activities.
D. Processing Time: Allow enough time for submittal review, including ti e for resubmitta1s, as
follows. Time for review shall commence on Engineer's receipt of sub ittal. No extension of
the Contract Time will be authorized because of failure to transmit submittals enough in
advance of the Work to permit processing, including resubmitta1s.
1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time
if coordination with subsequent submittals is required. Engineer '11 advise Contractor
when a submittal being processed must be delayed for coordinatio .
2. Intermediate Review: If intermediate submittal is necessary, pro ess it in same manner
as initial submittal.
3. Resubmitta1 Review: Allow 15 days for review of each resubmitta .
E. Identification: Place a permanent label or title block on each submittal fo identification.
1. Indicate name of firm or entity that prepared each submittal on lab 1 or title block.
2. Provide a space approximately 6 by 8 inches on label or besid title block to record
Contractor's review and approval markings and action taken by En ineer.
3. Include the following information on label for processing and reco ding action taken:
a. Project name.
b. Date.
c. Name and address of Engineer.
d. Name and address of Contractor.
e. Name and address of subcontractor.
f. Name and address of supplier.
g. Name of manufacturer.
h. Submittal number or other unique identifier, including revis' on identifier.
1) Submittal number shall use Specification Section umber followed by a
decimal point and then a sequential number (e.g., 0 100.01). Resubmitta1s
shall include an alphabetic suffix after another decimal point (e.g.,
06100.01.A). .
1. Number and title of appropriate Specification Section.
J. Drawing number and detail references, as appropriate.
k. Location(s) where product is to be installed, as appropriate.
1. Other necessary identification.
F. Deviations: Highlight, encircle, or otherwise specifically identif deviations from the
Contract Documents on submittals.
SUBMITTAL PROCEDURES
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G.
Additional Copies: Unless additional copies are required for final
Engineer observes noncompliance with provisions in the Contract Docu
may serve as final submittal.
1. Additional copies submitted for maintenance manuals will not b
taken arid will be returned.
ubmitta1, and unless
ents, initial submittal
marked with action
H.
Transmittal: Package each submittal individually and appropriate1
handling. Transmit each submittal using a transmittal form. Engineer
without review, received from sources other than Contractor.
1. Transmittal Form: Provide locations on form for the following info
for transmittal and
ill return submittals,
ation:
a. Project name.
b. Date.
c. Destination (To:).
d. Source (From:).
e. Names of subcontractor, manufacturer, and supplier.
f. Category and type of submittal.
g. Submittal purpose and description.
h. Specification Section number and title.
1. Drawing number and detail references, as appropriate.
J. . Transmittal number.
k. Submittal and transmittal distribution record.
1. Remarks.
m. Signature of transmitter.
2.
On an attached separate sheet, prepared on Contractor's letter ead, record relevant
information, requests for data, revisions other than those reque ted by Engineer on
previous submittals, and deviations from requirements in the Contract Documents,
including minor variations and limitations. Include same label nformation as related
submittal.
1.
Resubmitta1s: Make resubmitta1s in same form and number of copies as i itia1 submittal.
1.
2.
Note date and content of previous submittal.
Note date and content of revision in label or title block and cle rly indicate extent of
reVlSIOn.
Resubmit submittals until they are marked No Exceptions Tak n or Note Markings"
indicating minor corrections are required but resubmitta1 is not req ired.
3.
J.
Distribution: Furnish copies of final submittals to manufacturers, su contractors, suppliers,
fabricators, installers, authorities having jurisdiction, and others as necess ry for performance of
construction activities. Show distribution on transmittal forms.
PART 2 - PRODUCTS
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ACTION SUBMITTALS
A.
General: Prepare and submit Action Submittals required by individual S ecification Sections.
SUBMITTAL PROCEDURES
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1. Submit electronic submittals directly to extranet specifically establi hed for Proj ect.
B. Product Data: Collect information into a single submittal for each eleme t of construction and
type of product or equipment.
1. If information must be specially prepared for submittal because sta dard printed data are
not suitable for use, submit as Shop Drawings, not as Product Data.
2. Mark each copy of each submittal to show which products and opti ns are applicable.
3. Include the following information, as applicable:
a. Manufacturer's written recommendations.
b. Manufacturer's product specifications.
c. Manufacturer's installation instructions.
d. Standard color charts.
e. Manufacturer's catalog cuts.
f. Wiring diagrams showing factory-installed wiring.
g. Printed performance curves.
h. Operational range diagrams.
1. Mill reports.
J. Standard product operation and maintenance manuals.
k. Compliance with specified referenced standards.
1. Testing by recognized testing agency.
m. Application of testing agency labels and seals.
n. Notation of coordination requirements.
4. Submit Product Data before or concurrent with Samples.
5. Number of Copies: Submit four copies of Product Data, un1es otherwise indicated.
Engineer will return two copies. Mark up and retain one re ed copy as a Project
Record Document.
1.
Preparation: Fully illustrate requirements
following information, as applicable:
Include the
C. Shop Drawings: Prepare Project-specific information, drawn accurately 0 scale. Do not base
Shop Drawings on reproductions of the Contract Documents or standard 'nted data.
a. Dimensions.
b. Identification of products.
c. Fabrication and installation drawings.
d. Roughing-in and setting diagrams.
e. Wiring diagrams showing field-installed wmng, includin power, signal, and
c~mtro1 wiring.
f. Shopwork manufacturing instructions.
g. Templates and patterns.
h. Schedules.
1. Design calculations.
J. Compliance with specified standards.
k. Notation of coordination requirements.
1. Notation of dimensions established by field measurement.
ill. Relationship to adjoining construction clearly indicated.
n. Seal and signature of professional engineer if specified.
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o. Wiring Diagrams: Differentiate between manufacturer-installed and field-installed
wmng.
2.
Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop
Drawings on sheets at least 8-1/2 by 11 inches but no larger than 30 by 40 inches.
Number of Copies: Submit three opaque (bond) copies of each submittal. Engineer will
return two copies.
Number of Copies: Submit four opaque copies of each submittal, unless copies are
required for operation and maintenance manuals. Submit five copies where copies are
required for operation and maintenance manuals. Engineer will retain two copies;
remainder will be returned. Mark up and retain one returned copy as a Project Record
Drawing.
3.
4.
Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these
characteristics with other elements and for a comparison of these characteristics between
submittal and actual component as delivered and installed.
1.
Transmit Samples that contain multiple, related components such as accessories together
in one submittal package.
Identification: Attach label on unexposed side of Samples that includes the following:
2.
a.
b.
Generic description of Sample.
Product name and name of manufacturer.
Sample source~
Number and title of appropriate Specification Section.
c.
d.
3.
Disposition: Maintain sets of approved Samples at Project site, available for quality-
control comparisons throughout the course of construction activity. Sample sets may be
used to determine final acceptance of construction associated with each set.
a.
Samples that may be incorporated into the Work are indicated in individual
Specification Sections. Such Samples must be in an undamaged condition at time
of use.
Samples not incorporated into the Work, or otherwise designated as Owner's
property, are the property of Contractor.
b.
4.
Samples for Initial Selection: Submit manufacturer's color charts consisting of units or
sections of units showing the full range of colors, textures, and patterns available.
a.
Number of Samples: Submit two full set(s) of available choices where color,
pattern, texture, or similar characteristics are required to be . selected from
manufacturer's product line. Engineer will return submittal with options selected.
5.
Samples for Verification: Submit full-size units or Samples of size indicated, prepared
from same material to be used for the Work, cured and finished in manner specified, and
physically identical with material or product proposed for use, and that show full range of
color and texture variations expected. Samples include, but are not limited to, the
following: partial sections of manufactured or fabricated components; small cuts or
containers of materials; complete units of repetitively used materials; swatches showing
color, texture, and pattern; color range sets; and components used for independent testing
and inspection.
SUBMITTAL PROCEDURES
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a. Number of Samples: Submit four sets of Samples. Engineer will retain two
Sample sets; remainder will be returned. Mark up and retain one returned Sample
set as a Project Record Sample.
1)
Submit a single Sample where assembly details, workmanship, fabrication
techniques, connections, operation, and other similar characteristics are to
be demonstrated.
If variation in color, pattern, texture, or other characteristic is inherent in
material or product represented by a Sample, submit at least five sets of
paired units that show approximate limits of variations.
2)
Product Schedule or List: As required in individual Specification Sections, prepare a written
summary indicating types of products required for the Work and their intended location.
fuclude the following information in tabular form:
1.
2.
3.
4.
Type of product. fuclude unique identifier for each product.
Number and name of room or space.
Location within room or space.
Number of Copies: Submit four copies of product schedule or list, unless otherwise
indicated. Engineer will return two copies.
a.
Mark up and retain one returned copy as a Project Record Document.
Contractor's Construction Schedule: Comply with requirements specified in Division 01
Section "Construction Progress Documentation" for Construction Manager's action.
Submittals Schedule: Comply with requirements specified in Division 01 Section "Construction
Progress Documentation."
Application for Payment: Comply with requirements specified III Division 01 Section
"Payment Procedures."
Schedule of Values: Comply with requirements specified in Division 01 Section "Payment
Procedures. "
Subcontract List: Prepare a written summary identifying individuals or firms proposed for each
portion of the Work, including those who are to furnish products or equipment fabricated to a
special design. fuclude the following information in tabular form:
1.
Name, address, and telephone number of entity performing subcontract or supplying
products.
Number and title of related Specification Section(s) covered by subcontract.
Drawing number and detail references, as appropriate, covered by subcontract.
Number of Copies: Submit three copies of subcontractor list, unless otherwise indicated.
Engineer will return two copies.
2.
3.
4.
a.
Mark up and retain one returned copy as a Project Record Document.
SUBMITTAL PROCEDURES
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2.2 DELEGATED DESIGN
A.
Performance and Design Criteria: Where professional design services or certifications by a
design professional are specifically required of Contractor by the Contract Documents, provide
products and systems complying with specific performance and design criteria indicated.
1. If criteria indicated are not sufficient to perform services or certification required, submit
a written request for additional information to Engineer.
B.
Delegated-Design Submittal: In addition to Shop Drawings, Product Data, and other required
submittals, submit four copies of a statement, signed and sealed by the, responsible design
professional, for each product and system specifically assigned to Contractor to be designed or
certified by a design professional.
1. Indicate that products and systems comply with performance and design criteria in the
Contract Documents. Include list of codes, loads, and other factors used in performing
these services.
PART 3 - EXECUTION
3.1 CONTRACTOR'S REVIEW
A. Review each submittal and check for coordination with other Work of the Contract and for
compliance with the Contract Documents. Note corrections and field dimensions. Mark with
approval stamp before submitting to Engineer.
B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name
and location, submittal number, Specification Section title and number, name of reviewer, date
of Contractor's approval, and statement certifying that submittal has been reviewed, checked,
and approved for compliance with the Contract Documents.
3.2 ENGINEER'S / ACTION
A. General: Engineer will not review submittals that do not bear Contractor's approval stamp and
will return them without action.
B. Action Submittals: Engineer will review each submittal, make marks to indicate corrections or
modifications required, and return it. Engineer will stamp each submittal with an action stamp
and will mark stamp appropriately to indicate action taken.
C. Partial submittals are not acceptable, will be considered nonresponsive, and will be returned
without review.
D. Submittals not required by the Contract Documents may not be reviewed and may be discarded.
END OF SECTION 013300
SUBMITTAL PROCEDURES
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SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
A. This Section includes requirements for temporary utilities, support facilities, and security and
protection facilities.
B. Related Sections include the following:
1. Division 01 Section "Submittal Procedures" for procedures for submitting copIes of
implementation and termination schedule and utility reports.
2. Division 01 Section "Execution" for progress cleaning requirements.
3. Divisions 02 through 49 Sections for temporary heat, ventilation, and humidity
requirements for products in those Sections.
4. Division 31 Section "Termite Control" for pest control.
5. Division 31 Section "Asphalt Paving" for construction and maintenance of asphalt paving
for temporary roads and paved areas.
6. Division 32 Section "Concrete Paving" for construction and maintenance of cement
concrete pavement for temporary roads and paved areas.
1.3 DEFINITIONS
A.
Permanent Enclosure: As determined by Engineer, permanent or temporary roofing is
complete, insulated, and weathertight; exterior walls are insulated and weathertight; and all
openings are closed with permanent construction or substantial temporary closures.
1.4
USE CHARGES
A.
General: Cost or use charges for temporary facilities shall be included in the Contract Sum.
Allow other entities to use temporary services and facilities without cost, including, but not
limited to, Engineer, testing agencies, and authorities having jurisdiction.
B.
Sewer Service: Pay sewer service use charges for sewer usage by all entities for construction
operations.
c.
Water Service: Pay water service use charges for water used by all entities for construction
operations.
D. Electric Power Service: Pay electric power service use charges for electricity used by all
entities for construction operations.
TEMPORARY FACILITIES AND CONTROLS
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E. Sewer, Water, and Electric Power Service: Use charges are specified in Division 01 Section
"Multiple Contract Summary."
F. Water Service: Water from Owner's existing water system is available for use without metering
and without payment of use charges. Provide connections and extensions of services as
required for construction operations.
G.
Electric Power Service: Electric power from Owner's existing system is available for use
without metering and without payment of use charges. Provide connections and extensions of
services as required for construction operations.
SUBMITTALS
A.
Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for
construction personnel.
QUALITY ASSURANCE
A.
Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary
electric service. Install service to comply with NFP A 70.
B.
Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each
temporary utility before use. Obtain required certifications and permits.
1.7 PROJECT CONDITIONS
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A.
Temporary Use of Permanent Facilities: Installer of each permanent service shall assume
responsibility for operation, maintenance, and protection of each permanent service during its
use as a construction facility before Owner's acceptance, regardless of previously assigned
responsibilities.
PART 2 - PRODUCTS
2.1 MATERIALS
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A. Pavement: Comply with Division 32 pavement Sections.
B.
Chain-Link Fencing: Minimum 2-inch (50-mm), 0.148-inch- thick, galvanized steel, chain-link
fabric fencing; minimum 6 feet high with galvanized steel pipe posts; minimum 2-3/8-inch- OD
line posts and 2-7/8-inch- OD comer and pull posts, with 1-5/8-inch- OD top rails.
C.
Portable Chain-Link Fencing: Minimum 2-inch, 9-gage, galvanized steel, chain-link fabric
fencing; minimum 6 feet high with galvanized steel pipe posts; minimum 2-3/8-inch- OD line
posts and 2-7/8-inch- OD comer and pull posts, with 1-5/8-inch- OD top and bottom rails.
Provide concrete bases for supporting posts.
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E.
F.
2.2
A.
B.
Wood Enclosure Fence: Plywood, 6 feet high, framed with four 2-by-4-inch rails, with
preservative-treated wood posts spaced not more than 8 feet apart.
Lumber and Plywood: Comply with requirements in Division 06 Section.
Paint: Comply with requirements in Division 09 painting Sections.
TEMPORARY FACILITIES
Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature
controls, and foundations adequate for normal loading.
Common-Use Field Office: Of sufficient size to accommodate needs of construction personnel.
Keep office clean and orderly. Furnish and equip offices as follows:
1. Furniture required for Project-site documents including file cabinets, plan tables, plan
racks, and bookcases.
2. Conference room of sufficient size to accommodate meetings of 10 individuals. Provide
electrical power service and 120- V ac duplex receptacles, with not less than 1 receptacle
on each wall. Furnish room with conference table, chairs, and 4-foot- square tack board.
3. Drinking water and private toilet.
4. Coffee machine and supplies.
5. Heating and cooling equipment necessary to maintain a uniform indoor temperature of 68
to 72 deg F.
6. Lighting fixtures capable of maintaining average illumination of 20 fc at desk height.
C.
Storage and Fabrication Sheds: Provide sheds sized, furnished, and equipped to accommodate
materials and equipment for construction operations.
1. Store combustible materials apart from building.
2.3 EQUIPMENT
A.
Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by
locations and classes of fire exposures.
B.
HV AC Equipment: Unless Owner authorizes use of permanent HV AC system, provide vented,
self-contained, liquid-propane-gas or fuel-oil heaters with individual space thermostatic control.
1.
Use of gasoline-burning space heaters, open-flame heaters, or salamander-type heating
units is prohibited.
Heating Units: Listed and labeled for type of fuel being consumed, by a testing agency
acceptable to authorities having jurisdiction, and marked for intended use.
Permanent HV AC System: If Owner authorizes use of permanent HV AC system for
temporary use during construction, provide filter with MERV of 8 at each return air grille
in system and remove at end of construction.
2.
3.
TEMPORARY FACILITIES AND CONTROLS
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PART 3 - EXECUTION
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INSTALLATION, GENERAL
A.
Locate facilities where they will serve Project adequately and result in minimum interference
with performance of the Work. Relocate and modify facilities as required by progress of the
Work.
B.
Provide each facility ready for use when needed to avoid delay. Do not remove until facilities
are no longer needed or are replaced by authorized use of completed permanent facilities.
TEMPORARY UTILITY INSTALLATION
A.
General: Install temporary service or connect to existing service.
1.
Arrange with utility company, Owner, and existing users for time when service can be
interrupted, if necessary, to make connections for temporary services.
B. Sewers and Drainage: Provide temporary utilities to remove effluent lawfully.
1.
Connect temporary sewers to as directed by authorities having jurisdiction.
C.
Water Service: Install water service and distribution piping in sizes and pressures adequate for
constructi on.
D.
Water Service: Use of Owner's existing water service facilities will be permitted, as long as
facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial
Completion, restore these facilities to condition existing before initial use.
1.
Where installations below an outlet might be damaged by spillage or leakage, provide a
drip pan of suitable size to minimize water damage. Drain accumulated water promptly
from pans.
E.
Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of
construction personnel. Comply with authorities having jurisdiction for type, number, location,
operation, and maintenance of fixtures and facilities.
F.
Heating and Cooling: Provide temporary heating and cooling required by construction activities
for curing or drying of completed installations or for protecting installed construction from
adverse effects of low temperatures or high humidity. Select equipment that will not have a
harmful effect on completed installations or elements being installed.
G.
Ventilation and Humidity Control: Provide temporary ventilation required by construction
activities for curing or drying of completed installations or for protecting installed construction
from adverse effects of high humidity. Select equipment that will not have a harmful effect on
completed installations or elements being installed. Coordinate ventilation requirements to
produce ambient condition required' and minimize energy consumption.
TEMPORARY FACILITIES AND CONTROLS
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H. Electric Power Service: Use of Owner's existing electric power service will be permitted, as
long as equipment is maintained in a condition acceptable to Owner.
1. Electric Power Service: Provide electric power service and distribution system of sufficient
size, capacity, and power characteristics required for construction operations.
1. Install electric power service overhead, unless otherwise indicated.
2. Connect temporary service to Owner's existing power source, as directed by owner.
J. Telephone Service: Provide temporary telephone service in common-use facilities for use by all
construction personnel or provide a cell phone to the full time onsite superintendent. Cell phone
must be available at all times on the project site.
1. Provide additional telephone lines for the following:
a. Provide a dedicated telephone line for each facsimile machine and computer in
each field office.
2. Post a list of important telephone numbers.
a. Police and fire departments.
b. Ambulance service.
c. Contractor's home office.
d. Engineer's office.
e. Engineers' offices.
f. Owner's office.
g. Principal subcontractors' field and home offices.
3. Provide superintendent with cellular telephone or portable two-way radio for use when
away from field office.
K.
Electronic Communication Service: Provide temporary electronic communication servIce,
including electronic mail, in common-use facilities.
3.3
SUPPORT FACILITIES INSTALLATION
A.
General: Comply with the following:
1. Provide incombustible construction for offices, shops, and sheds located within
construction area or within 30 feet of building lines. Comply with NFPA 241.
2. Maintain support facilities until near Substantial Completion. Remove before Substantial
Completion. Personnel remaining after Substantial Completion will be permitted to use
permanent facilities, under conditions acceptable to Owner.
B. Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved areas
adequate for construction operations.
C. Traffic Controls: Comply with requirements of authorities having jurisdiction.
1. Protect existing site improvements to remain including curbs, pavement, and utilities.
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2. Maintain access for fire-fighting equipment and access to fire hydrants.
D.
Parking: Provide temporary parking areas for construction personnel.
E.
Dewatering Facilities and Drains: Comply with requirements of authorities having jurisdiction.
Maintain Project site, excavations, and construction free of water.
1.
Dispose of rainwater in a lawful manner that will not result in flooding Project or
adjoining properties nor endanger permanent Work or temporary facilities.
Remove snow and ice as required to minimize accumulations.
2.
F.
Project Identification and Temporary Signs: Provide Project identification and other signs as
indicated on Drawings. Install signs where indicated to inform public and individuals seeking
entrance to Project. Unauthorized signs are not permitted.
1.
2.
Provide temporary, directional signs for construction personnel and visitors.
Maintain and touchup signs so they are legible at all times.
G.
Waste Disposal Facilities: Comply with requirements specified III Division 01 Section
"Construction Waste Management and DisposaL"
H.
Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel.
1. Truck cranes and similar devices used for hoisting materials are considered "tools and
equipment" and not temporary facilities.
1.
Temporary Stairs: Until permanent stairs are available, provide temporary stairs where ladders
are not adequate.
J.
Temporary Use of Permanent Stairs: Cover finished, permanent stairs with protective covering
of plywood or similar material so finishes will be undamaged at time of acceptance.
3.4 SECURITY AND PROTECTION F ACILITIES INSTALLATION
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Environmental Protection: Provide protection, operate temporary facilities, and conduct
construction in ways and by methods that comply with environmental regulations and that
minimize possible air, waterway, and subsoil contamination or pollution or other undesirable
effects.
1. Comply with work restrictions specified in Division 01 Section "Summary."
B.
Temporary Erosion and Sedimentation Control: Provide measures to prevent soil erosion and
discharge of soil-bearing water runoff and airborne dust to adjacent properties and walkways,
according to requirements of authorities having jurisdiction.
1.
Inspect, repair, and maintain erosion- and sedimentation-control measures during
construction until permanent vegetation has been established.
TEMPORARY FACILITIES AND CONTROLS
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C. Stormwater Control: Comply with authorities having jurisdiction. Provide barriers in and
around excavations and sub grade construction to prevent flooding by runoff of stormwater from
heavy rains.
D. Tree and Plant Protection: Install temporary fencing located as indicated or outside the drip line
of trees to protect vegetation from damage from construction operations. Protect tree root
systems from damage, flooding, and erosion.
E. Pest Control: Engage pest-control service to recommend practices to minimize attraction and
harboring of rodents, roaches, and other pests and to perform extermination and control
procedures at regular intervals so Project will be free of pests and their residues at Substantial
Completion. Obtain extended warranty for Owner. Perform control operations lawfully, using
environmentally safe materials.
F. Site Enclosure Fence: Before construction operations begin, furnish and install site enclosure
fence in a manner that will prevent people and animals from easily entering site except by
entrance gates.
1. Extent of Fence: As required to enclose entire Project site or portion determined
sufficient to accommodate construction operations.
2. Maintain security by limiting number of keys and restricting distribution to authorized
personnel.
G. Security Enclosure and Lockup: Install. substantial temporary enclosure around partially
completed areas of construction. Provide lockable entrances to prevent unauthorized entrance,
vandalism, theft, and similar violations of securitY.
H. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having
jurisdiction for erecting structurally adequate barricades, including warning signs and lighting.
1. Temporary Partitions: Provide floor-to-ceiling dustproof partitions to limit dust and dirt
migration and to separate areas occupied by from fumes and noise.
1. Construct dustproof partitions with 2 layers of 3-mil polyethylene sheet on each side.
Cover floor with 2 layers of 3-mil polyethylene sheet, extending sheets 18 inches up the
sidewalls. Overlap and tape full length of joints.
2. Seal joints and perimeter. Equip partitions with dustproof doors and security locks.
3. Protect air-handling equipment.
4. Weather strip openings.
5. Provide walk-off mats at each entrance through temporary partition.
J. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types
needed to protect against reasonably predictable and controllable fire losses. Comply with
NFPA 241.
1. Prohibit smoking in construction areas.
2. Develop and supervise an overall fire-prevention and -protection program for personnel
at Project site. Review needs with local fire department and establish procedures to be
followed. Instruct personnel in methods and procedures. Post warnings and information.
TEMPORARY FACILITIES AND CONTROLS
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3.5
OPERATION, TERMINATION, AND REMOVAL
A.
Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and
abuse, limit availability of temporary facilities to essential and intended uses.
B.
Maintenance: Maintain facilities in good operating condition until removal.
1. Maintain operation of temporary enclosures, heating, cooling, humidity control,
ventilation, and similar facilities on a 24-hour basis where required to achieve indicated
results and to avoid possibility of damage.
C. Temporary Facility Changeover: Do not change over from using temporary security and
protection facilities to permanent facilities until Substantial Completion.
D. Termination and Removal: Remove each temporary facility when need for its service has
ended, when it has been replaced by authorized use of a permanent facility, or no later than
Substantial Completion. Complete or, if necessary, restore permanent construction that m?-y
have been delayed because of interference with temporary facility. Repair damaged Work,
clean exposed surfaces, and replace construction that cannot be satisfactorily repaired.
1. Materials and facilities that constitute temporary facilities are property of Contractor.
Owner reserves right to take possession of Project identification signs.
2. Remove temporary paving not intended for or acceptable for integration into permanent
paving. Where area is intended for landscape development, remove soil and aggregate
fill that do not comply with requirements for fill or subsoil. Remove materials
contaminated with road oil, asphalt and other petrochemical compounds, and other
substances that might impair growth of plant materials or lawns. Repair or replace street
paving, curbs, and sidewalks at temporary entrances, as required by authorities having
jurisdiction. .
3. At Substantial Completion, clean and renovate permanent facilities used during
construction period. Comply with fIllal cleaning requirements specified ln Division 01
Section "Closeout Procedures."
END OF SECTION 015000
TEMPORARY FACILITIES AND CONTROLS
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SECTION 017300 - EXECUTION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes general procedural requirements governIllg execution of the Work
including, but not limited to, the following:
1. Construction layout.
2. Field engineering and surveying.
3. General installation of products.
4. Coordination of Owner-installed products.
5. Progress cleaning.
6. Starting and adjusting.
7. Protection of installed construction.
8. Correction of the Work.
B. Related Sections include the following:
1. Division 01 Section "Submittal Procedures" for submitting surveys.
2. Division 01 Section "Cutting and Patching" for procedural requirements for cutting and
patching necessary for the installation or performance of other components of the Work.
3. Division 01 Section "Closeout Procedures" for submitting final property survey with
Project Record Documents, recording of Owner-accepted deviations from indicated lines
and levels, and final cleaning.
1.3 SUBMITTALS
A. Qualification Data: For land surveyor and professional engineer.
B. Certificates: Submit certificate signed by land surveyor certifying that location and elevation of
improvements comply with requirements.
C. Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept
hazardous materials, for hazardous waste disposal.
D. Certified Surveys: Submit two copies signed by land surveyor.
EXECUTION
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1.4 QUALITY ASSURANCE
A. Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice
in jurisdiction where Project is located and who is experienced in providing land-surveying
services of the kind indicated.
PART 2 -PRODUCTS (Not Used)
PART 3 - EXECUTION
3.1
EXAMINATION
A.
Existing Conditions: The existence and location of site improvements, utilities, and other
construction indicated as existing are not guaranteed. Before beginning work, investigate and
verify the existence and location of mechanical and electrical systems and other construction
affecting the Work.
1. Before construction, verify the location and points of connection of utility services.
B. Existing Utilities: The existence and location of underground and other utilities and
construction indicated as existing are not guaranteed. Before beginning sitework, investigate
and verify the existence and location of underground utilities and other construction affecting
the Work.
1. Before construction, verify the . location and invert elevation at points of connection of
sanitary sewer, storm sewer, and water-service piping; and underground electrical
servIces.
2. Furnish location data for work related to Project that must be performed by public
utilities serving Project site.
C. Acceptance of Conditions: Examine substrates, areas, and conditions, with Installer or
Applicator present where indicated, for compliance with requirements for installation tolerances
and other conditions affecting performance. Record observations.
1. Written Report: Where a written report listing conditions detrimental to performance of
the Work is required by other Sections, include the following:
a. Description of the Work.
b. List of detrimental conditions, including substrates.
c. List of unacceptable installation tolerances.
d. Recommended corrections.
2. Verify compatibility with and suitability of substrates, including compatibility with
existing finishes or primers.
3. Examine roughing-in for mechanical and electrical systems to verify actual locations of
connections before equipment and fixture installation.
4. Examine walls, floors, and roofs for suitable conditions where products and systems are
to be installed.
EXECUTION 017300 - 2
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5. Proceed with installation only after unsatisfactory conditions have been corrected.
Proceeding with the Work indicates acceptance of surfaces and conditions.
3.2 PREPARATION
A. Existing Utility Information: Furnish information to local utility and Owner that is necessary to
adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility
appurtenances located in or affected by construction. Coordinate with authorities having
jurisdiction.
B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck
measurements before installing each product. Where portions of the Work are indicated to fit to
other construction, verify dimensions of other construction by field measurements before
fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the
Work.
C. Space Requirements: Verify space requirements and dimensions of items shown
diagrammatically on Drawings.
D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for
clarification of the Contract Documents, submit a request for information to Engineer. Include
a detailed description of problem encountered, together with recommendations for changing the
Contract Documents. Submit requests RFI, "Request for Interpretation."
3.3 CONSTRUCTION LAYOUT
A. V erification: Before proceeding to layout the Work, verify layout information shown on
Drawings, in relation to the property survey and existing benchmarks. If discrepancies are
discovered, notify Engineer promptly.
B. General: Engage a land surveyor to layout the Work using accepted surveying practices.
1. Establish benchmarks and control points to set lines and levels at each story of
construction and elsewhere as needed to locate each element of Project.
2. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain
required dimensions.
3. Inform installers oflines and levels to which they must comply.
4. Check the location, level and plumb, of every major element as the Work progresses.
5. Notify Engineer when deviations from required lines and levels exceed allowable
tolerances.
6. Close site surveys with an error of closure equal to or less than the standard established
by authorities having jurisdiction.
C. Site Improvements: Locate and layout site improvements, including pavements, grading, fill
and topsoil placement, utility slopes, and invert'elevations.
D. Building Lines and Levels: Locate and layout control lines and levels for structures, building
foundations, column grids, and floor levels, including those required for mechanical and
EXECUTION
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electrical work. Transfer survey markings and elevations for use with control lines and levels.
Level foundations and piers from two or more locations.
E.
Record Log: Maintain a log of layout control work. Record deviations from required lines and
levels. Include beginning and ending dates and times of surveys, weather conditions, name and
duty of each survey party member, and types of instruments and tapes used. Make the log
available for reference by Engineer.
3.4
FIELD ENGINEERING
A.
Identification: Owner will identify existing benchmarks, control points, and property corners.
B.
Reference Points: Locate existing permanent benchmarks, control points, and similar reference
points before beginning the Work. Preserve and protect permanent benchmarks and control
points during construction operations.
1. Do not change or relocate existing benchmarks or control points without prior written
approval of Engineer. Report lost or destroyed permanent benchmarks or control points
promptly. Report the need to relocate permanent benchmarks or control points to
Engineer before proceeding.
2. Replace lost or destroyed permanent benchmarks and control points promptly. Base
replacements on the original survey control points.
C. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site,
referenced to data established by survey control points. Comply with authorities having
jurisdiction for type and size of benchmark.
1. Record benchmark locations, with horizontal and vertical data, on Project Record
Documents.
2. Where the actual location or elevation of layout points cannot be marked, provide
temporary reference points sufficient to locate the Work.
3. Remove temporary reference points when no longer needed. Restore marked
construction to its original condition.
D.
Certified Survey: On completion of foundation walls, major site improvements, and other work
requiring field-engineering services, prepare a certified survey showing dimensions, locations,
angles, and elevations of construction and sitework.
3.5
INSTALLATION
A.
General: Locate the Work and components of the Work accurately, in correct alignment and
elevation, as indicated.
I. Make vertical work plumb and make horizontal work level.
2. Where space is limited, install components to maximize space available for maintenance
and ease of removal for replacement.
3. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated.
4. Maintain minimum headroom clearance of 8 feet (2.4 m) in spaces without a suspended
ceiling.
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B. Comply with manufacturer's written instructions and recommendations for installing products in
applications indicated.
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D.
E.
F.
G.
H.
1.
A.
B.
Install products at the time and under conditions that will ensure the best possible results.
Maintain conditions required for product performance until Substantial Completion.
Conduct construction operations so no part of the Work is subjected to damaging operations or
loading in excess of that expected during normal conditions of occupancy.
Tools and Equipment: Do not use tools or equipment that produce harmful noise levels.
Templates: Obtain and distribute to the parties involved templates for work specified to be
factory prepared and field installed. Check Shop DraWings of other work to confirm that
adequate provisions are made for locating and installing products to comply with indicated
requirements.
Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component
securely in place, accurately located and aligned with other portions of the Work.
1.
Mounting Heights: Where mounting heights are not indicated, mount components at
heights directed by Engineer.
Allow for building movement, including thermal expansion and contraction.
Coordinate installation of anchorages. Furnish setting drawings, templates, and
directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and
items with integral anchors, that are to be embedded in concrete or masonry. Deliver
such items to Project site in time for installation.
2.
3.
Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated,
arrange joints for the best visual effect. Fit exposed connections together to form hairline joints.
Hazardous Materials: Use products, cleaners, and installation materials that are not considered
hazardous.
OWNER-INSTALLED PRODUCTS
Site Access: Provide access to Project site for Owner's construction forces.
Coordination: Coordinate construction and operations of the Work with work performed by
Owner's construction forces.
.1.
Construction Schedule: Inform Owner of Contractor's preferred construction schedule
for Owner's portion of the Work. Adjust construction schedule based on a mutually
agreeable timetable. Notify Owner if changes to schedule are required due to differences
in actual construction progress.
Preinstallation Conferences: Include Owner's construction forces at preinstallation
conferences covering portions of the Work that are to receive Owner's work. Attend
preinstallation conferences conducted by Owner's construction forces if portions of the
Work depend on Owner's construction.
2.
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3.7 PROGRESS CLEANING
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A.
General: Clean Project site and work areas daily, including common areas. Coordinate
progress cleaning for joint-use areas where more than one installer has worked. Enforce
requirements strictly. Dispose of materials lawfully.
1. Comply with requirements in NFP A 241 for removal of combustible waste materials and
debris.
2. Do not hold materials more than 7 days during normal weather or 3 days if the
temperature is expected to rise above 80 deg F (27 deg C).
3. Containerize hazardous and unsanitary waste materials separately from other waste.
Mark containers appropriately and dispose of legally, according to regulations.
B. Site: Maintain Project site free of waste materials and debris.
C.
Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for
proper execution of the Work.
I. Remove liquid spills promptly.
2. Where dust would impair proper execution of the Work, broom-clean or vacuum the
entire work area, as appropriate.
D.
Installed Work: Keep installed work clean. Clean installed surfaces according to written
instructions of manufacturer or fabricator of product installed, using only cleaning materials
specifically recommended. If specific cleaning materials are not recommended, use cleaning
materials that are not hazardous to health or property and that will not damage exposed surfaces.
E.
Concealed Spaces: Remove debris from concealed spaces before enclosing the space.
F.
Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure
freedom from damage and deterioration at time of Substantial Completion.
G.
Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing
waste materials down sewers or into waterways will not be permitted.
H.
During handling and installation, clean and protect construction in progress and adjoining
materials already in place. Apply protective covering where required to ensure protection from
damage or deterioration at Substantial Completion.
1.
Clean and provide maintenance on completed construction as frequently as necessary through
the remainder of the construction period. Adjust and lubricate operable components to ensure
operability without damaging effects.
J.
Limiting Exposures: Supervise construction operations to assure that no part of the
construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise
deleterious exposure during the construction period.
EXECUTION
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3.8 STARTING AND ADJUSTING
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A.
Start equipment and operating components to confirm proper operation.
malfunctioning units, replace with new units, and retest.
B.
Adjust operating components for proper operation without binding. Adjust equipment for
proper operation.
C.
Test each piece of equipment to verify proper operation. Test and adjust controls and safeties.
Replace damaged and malfunctioning controls and equipment.
D.
Manufacturer's Field Service: If a factory-authorized service representative is required to
inspect field-assembled components and equipment installation, comply with qualification
requirements in Division 01 Section "Quality Requirements."
PROTECTION OF INSTALLED CONSTRUCTION
A.
Provide final protection and maintain conditions that ensure installed Work is without damage
or deterioration at time of Substantial Completion.
B.
Comply with manufacturer's written instructions for temperature and relative humidity.
CORRECTION OF THE WORK
A.
Repair or remove and replace defective construction. Restore damaged substrates and finishes.
Comply with requirements in Division 01 Section "Cutting and Patching."
1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up
with matching materials, and properly adjusting operating equipment.
B.
Restore permanent facilities used during construction to their specified condition.
C.
Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired
without visible evidence of repair.
D.
Repair components that do not operate properly. Remove and replace operating components
that cannot be repaired.
E.
Remove and replace chipped, scratched, and broken glass or reflective surfaces.
END OF SECTION 017300
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EXECUTION
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SECTION 017700 - CLOSEOUT PROCEDURES
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PART 1- GENERAL
1.1 RELATED DOCUMENTS
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Drawings and general provisions of the Contract, including General and Supplementary .
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
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A.
This Section includes administrative and procedural requirements for contract closeout,
including, but not limited to, the following:
1. Inspection procedures.
2. Warranties.
3. Final cleaning.
B.
Related Sections include the following:
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1. Division 01 Section "Payment Procedures" for requirements for Applications for
Payment for Substantial and Final Completion.
2. Division 01 Section "Execution" for progress cleaning of Project site.
3. Division 01 Section "Project Record Documents" for submitting Record Drawings,
Record Specifications, and Record Product Data.
4. Division 01 Section "Operation and Maintenance Data" for operation and maintenance
manual requirements.
5. Divisions 02 through 49 Sections for specific closeout and special cleaning requirements
for the Work in those Sections.
1.3
SUBSTANTIAL COMPLETION
A.
Preliminary Procedures: Before requesting inspection for determining date of Substantial
Completion, complete the following. List items below that are incomplete in request.
1.
Prepare a list of items to be completed and corrected (punch list), the value of items on
the list, and reasons why the Work is not complete.
Advise Owner of pending insurance changeover requirements.
Submit specific warranties, workmanship bonds, maintenance service agreements, final
certifications, and similar documents.
Obtain and submit releases permitting Owner unrestricted use of the Work and access to
services and utilities. Include occupancy permits, operating certificates, and similar
releases.
Prepare and submit Project Record Documents, operation and maintenance manuals,
Final Completion construction photographs, damage or settlement surveys, property
surveys, and similar final record information.
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6. Deliver tools, spare parts, extra materials, and similar items to location designated by
Owner. Label with manufacturer's name and model number where applicable.
7. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's
personnel of changeover in security provisions.
8. Complete startup testing of systems.
9. Submit testladjustlbalance records.
10. Terminate and remove temporary facilities from Project site, along with mockups,
construction tools, and similar elements.
11. Advise Owner of changeover in heat and other utilities.
12. Submit changeover information related to Owner's occupancy, use, operation, and
maintenance.
13. Complete final cleaning requirements, including touchup painting.
14. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual
defects.
Inspection: Submit a written request for inspection for Substantial Completion. On receipt of
request, Engineer will either proceed with inspection or notify Contractor of unfulfilled
requirements. Engineer will prepare the Certificate of Substantial Completion after inspection
or will notify Contractor of items, either on Contractor's list or additional items identified by
Engineer, that must be completed or corrected before certificate will be issued.
1.
Reinspection: Request reinspection when the Work identified in previous inspections as
incomplete is completed or corrected.
Results of completed inspection will form the basis of requirements for Final
Completion.
2.
FINAL COMPLETION
Preliminary Procedures: Before requesting final inspection for determining date of Final
Completion, complete the following:
1.
Submit a final Application for Payment according to Division 01 Section "Payment
Procedures. "
Submit certified copy of Engineer's Substantial Completion inspection list of items to be
completed or corrected (punch list), endorsed and dated by Engineer. The certified copy
of the list shall state that each item has been completed or otherwise resolved for
acceptance.
Submit evidence of final, continuing insurance coverage complying with insurance
requirements.
Submit pest-control final inspection report and warranty.
Instruct Owner's personnel in operation, adjustment, and maintenance of products,
equipment, and systems.
2.
3.
4.
5.
Inspection: Submit a written request for final inspection for acceptance. On receipt of request,
Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements.
Engineer will prepare a final Certificate for Payment after inspection or will notify Contractor
of construction that must be completed or corrected before certificate will be issued.
1.
Reinspection: Request reinspection when the Work identified in previous inspections as
incomplete is completed or corrected.
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LIST OF INCOMPLETE ITEMS (pUNCH LIST)
A.
Preparation: Submit three copies of list. Include name and identification of each space and area
affected by construction operations for incomplete items and items needing correction
including, ifnecessary, areas disturbed by Contractor that are outside the limits of construction.
1. Organize list of spaces in sequential order, starting with exterior areas first and
proceeding from lowest floor to highest floor.
2. Organize items applying to each space by major element, including categories for ceiling,
individual walls, floors, equipment, and building systems.
3. Include the following information at the top of each page:
a. Project name.
b. Date.
c. Name of Engineer.
d. Name of Contractor.
e. Page number.
WARRANTIES
A.
Submittal Time: Submit written warranties on request of Engineer for designated portions of
the Work where commencement of warranties other than date of Substantial Completion is
indicated.
B.
Partia} Occupancy: Submit properly executed warranties within 15 days of completion of
designated portions of the Work that are completed and occupied or used by Owner during
construction period by separate agreement with Contractor.
C.
Organize warranty documents into an orderly sequence based on the table of contents of the
Project Manual.
1. Bind warranties and bonds in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders,
thickness as necessary to accommodate contents, and sized to receive 8-l/2-by-ll-inch
(215-by-280-mm) paper.
2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark
tab to identify the product or installation. Provide a typed description of the product or
installation, including the name of the product and the name, address, and telephone
number of Installer.
3. Identify each binder on the front and spine with the typed or printed title
"WARRANTIES," Project name, and name of Contractor.
D.
Provide additional copies of each warranty to include in operation and maintenance manuals.
CLOSEOUT PROCEDURES
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Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or
fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially
hazardous to health or property or that might damage finished surfaces.
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PART 2 - PRODUCTS
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MATERIALS
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PART 3 - EXECUTION
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3.1
FINAL CLEANING
General: Provide final cleaning. Conduct cleaning and waste-removal operations to comply
with local laws and ordinances and Federal and local environmental and antipollution
regulations.
Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each
surface or unit to condition expected in an average commercial building cleaning and
maintenance program. Comply with manufacturer's written instructions.
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B.
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1. Complete the following cleaning operations before requesting inspection for certification
of Substantial Completion for entire Project or for a portion of Project:
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a.
Clean Project site, yard, and grounds, in areas disturbed by construction activities,
including landscape development areas, of rubbish, waste material, litter, and other
foreign substances.
Sweep paved areas broom clean. Remove petrochemical spills, stains, and other
foreign deposits.
Rake grounds that are neither planted nor paved to a smooth, even-textured
surface.
Remove tools, construction equipment, machinery, and surplus material from
Project site.
Remove snow and ice to provide safe access to building.
Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition,
free of stains, films, and similar foreign substances. Avoid disturbing natural
weathering of exterior surfaces. Restore reflective surfaces to their original
condition.
Remove debris and surface dust from limited access spaces, including roofs,
plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces.
Sweep concrete floors broom clean in unoccupied spaces.
Vacuum carpet and similar soft surfaces, removing debris and excess nap;
shampoo if visible soil or stains remain.
Clean transparent materials, including mirrors and glass in doors and windows.
Remove glazing compounds and other noticeable, vision-obscuring materials.
Replace chipped or broken glass and other damaged transparent materials. Polish
mirrors and glass, taking care not to scratch surfaces.
Remove labels that are not permanent.
b.
c.
d.
e.
f.
g.
h.
1.
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k.
CLOSEOUT PROCEDURES
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McBean and MeadowbrookPark Improvements
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April 15, 2008
l. Touch up and otherwise repair and restore marred, exposed finishes and surfaces.
Replace finishes and surfaces that cannot be satisfactorily repaired or restored or
that already show evidence of repair or restoration.
1) Do not paint over "UL" and similar labels, including mechanical and
electrical nameplates.
ill. Wipe surfaces of mechanical and electrical equipment and similar equipment.
Remove excess lubrication, paint and mortar droppings, and other foreign
substances. .
n. Replace parts subject to unusual operating conditions.
o. Clean plumbing fixtures to a sanitary condition, free of stains, including stains
resulting from water exposure.
p. Replace disposable air filters and clean permanent air filters. Clean exposed
surfaces of diffusers, registers, and grills.
q. Clean ducts, blowers, and coils if units were operated without filters during
construction.
r. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency.
Replace burned-out bulbs, and those noticeably dimmed by hours of use, and
defective and noisy starters in fluorescent and mercury vapor fixtures to comply
with requirements for new fixtures.
s. Leave Project clean and ready for occupancy.
C. Pest Control: Engage an experienced, licensed exterminator to make a final inspection and rid
Project of rodents, insects, and other pests. Prepare a report.
D. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or
excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous
materials into drainage systems. Remove waste materials from Proj ect site and dispose of
lawfully.
END OF SECTION 017700
CLOSEOUT PROCEDURES
017700 - 5
McBean Park Improvements
Augusta-Richmond County Recreation and Parks
February 15,2008
SECTION 311000 - SITE CLEARlNG
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
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1.2
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1.3
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A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
SUMMARY
A.
This Section includes the following:
1. Protecting existing trees, shrubs, groundcovers, plants and grass to remain.
2. Removing existing trees, shrubs, groui1dcovers, plants and grass.
3. Clearing and grubbing.
4. Stripping and stockpiling topsoil.
5. Removing above- and below-grade site improvements.
6. Disconnecting, capping or sealing, and abandoning site utilities in place and removing
site utilities
7. Temporary erosion and sedimentation control measures.
B.
Related Sections include the following:
1. Division 01 Section "Temporary Facilities and Controls" for temporary utilities,
temporary construction and support. facilities, temporary security and protection
facilities, and temporary erosion and sedimentation control procedUres.
2. Division 01 Section "Execution" for verifying utility location"s and for recording field
measurements.
3. Division 31 Section "Earth Moving" for soil materials, excavating, backfilling, and site
grading.
4.' . Division 23 Section "Turf and Grasses" for finish grading including preparing and
placing planting soil mixes and testing of topsoIl material.
DEFINITIONS
A. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and.
clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than
underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2
inches in diameter; and free of subsoil and' weeds, roots, toxic materials, or' other nonsoil
materials.
B. Tree Protection Zone: Area surrounding individual trees or groups of trees to be protected
during construction, and defined by the drip line of individual' trees or the perimeter drip line of
groups of trees, unless otherwise indicated. .
SITE CLEARlNG
311000 - 1
SITE CLEARING
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February 15, 2008
1 A MATERIAL OWNERSHIP
A. Except for stripped topsoil or ot~er materials indicated to remain Owner's property, cleared
materials shall become Contractor's property and shall be removed from Proj ect site.
1.5 SUBMITTALS
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A. . Photographs, sufficiently detailed, of existing conditions in the stream buffer zone of trees and
plantings, adjoining construction, and site improvements that might be misconstrued as damage
caused by site clearing.
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B. Record drawings, according to Division 01 Section "Project Record Documents," identifying
and accurately locating capped utilities and other subsurface structural, electrical, and
mechanical conditions.
1.6 QUALITY ASSURANCE
A. Preinstallation Conference: Conduct conference at Project site to comply with requirements in
Division 01 Section "Project Management and Coordination."
1. 7 PROJECT CONDITIONS
A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied
or used facilities during site-clearing operations.
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1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities
without permission from Owner and authorities having jurisdiction.
2. Provide alternate routes around closed or obstruCted traffic ways if required by authorities
having jurisdiction. .
B. Improvements on Adjoining Property: Authority for performing site clearing indicated on
property adjoining Owner's property will be obtained by Owner before award of Contract.
1. Do not proceed with work on adjoining property until directed by Engineer.
C. Salvable Improvements: Carefully remove items indicated to be salvaged and store on Owner's
premises where indicated.
D. Utility Locator Service: ~otify utility locator service for area where Project is located before
site clearing.
E. Do not commence site clearing operations until temporary erosion and sedimentation control
measures are in place. . .
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McBean Park Improvements
Augusta-Richmond County Recreation and Parks
February 15,2008
PART 2 -PRODUCTS
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2.1
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SOIL MATERIALS
A.
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Satisfactory Soil Materials: Requirements for' satisfactory soil materials are specified III
Division 31 Section "Earth Moving."
1.
Obtain approved borrow soil materials off-site when satisfactory soil materials are not
available on-site.
PART 3 - EXECUTION
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3.1
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3.2
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3.3
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PREP ARATION
A.
Protect and maintain benchmarks and survey control points from disturbance during
construction.
B. Locate and clearly flag trees and vegetation to remain or to be relocated.
C.
Protect existing site improvements to remain from damage during construction.
1.
Restore damaged improvements to their original condition, as acceptable to Owner.
TEMPORARY EROSION AND SEDIMENTATION CONTROL
A.
Provide temporary erosion and 'sedimentation control measures to prevent soil erosion and
discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways,
according to requirements of authorities having jurisdiction imd sediment and erosion control
Drawings. .
B.
Inspect, repair, and maintain erosion and sedimentation control measures during construction
until permanent vegetation has been established.
C.
Remove erosion and sedimentation controls and restore and stabilize areas disturbed during
removal.
TREE PROTECTION
A.
Erect and maintain temporary fencing around tree protection zones before starting site clearing.
Remove fence when construction is complete.
-1.
2.
3.
Do not store construction materials, debris, or excavated material within fenced area.
Do not permit vehicles, equipment, oi-foot traffic within fe:nced area.
Maintain fenced area free of weeds and trash.
B.
,Do not excavate within tree protection zones, unless otherwise indicated.
SITE CLEARING
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February 15,2008
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3.4
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3.5
C. Where excavation for new c'onstruction is required within tree protection zones, hand clear and
excavate to minimize damage to root systems. Use narrow-tine spading forks, comb soil to
expose roots, and cleanly cut roots as close to excavation as possible.
1.
2.
Cover exposed roots with burlap and water regularly.
Temporarily support and protect roots from damage until they are permanently redirected
and covered with soil.
Coat cut faces of roots more than 1-1/2 inches in diameter with an emulsified asphalt or
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other approved coating formulated for use on damaged plant tissues.
Backfill with soil as soon as po'ssible.
3.
4.
D.
Repair or replace trees and vegetation indicated to remain that are damaged by construction
operations, in a manner approved by Engineer.
1. Replace trees that cannot be repaired and restored to full-growth status, 'as determined by
Engineer.
UTILITIES
A.
Arrange for disconnecting and sealing indicated utilities that serve existing structures before site
clearing.
1. Verify that utilities have been disconnected and capped before proceeding with site
clearing.
B.
Locate, identify, disconnect, and seal or cap off utilities indicated to be removed.
1. Arrange with utility companies to shut off indica~ed utilities.
c.
Existing Utilities: Do not interrUpt utilities serving facilities occupied others unless permitted
under the following conditions and then only after arranging to provide temporary utility
services according to requirements indicated:
1.
2.
Notify Engineer not less than two days in advance of proposed utility interruptions.
Do not proceed withutility interruptions without Engineer's written permission.
D. Excavate for and remove underground utilities indicated to be removed.
CLEARING AND GRUBBING
A.
Remove obstructions, trees, shrubs, grass, and other vegetation to permIt installation of new
constructi on.
1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated.
2. Cut minor roots and branches of trees indicated to remain in a clean and careful manner
where such roots and branches obstruct installation of new construction.
3. Grind stumps and remove roots, obstructions, and debris extending to a depth of 18
inches below exposed subgrade.
4. Use only hand methods for grubbing within tree protection zone.
5. Chip removed tree branches and stockpile in areas approved by Engineer.
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February 15, 2008
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B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material
unless further excavation or earthwork is indicated.
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1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches, and
compact each layer to a density equal to adjacent original ground.
3.6 TOPSOIL STRIPPING
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A.
Remove sod and grass before stripping topsoil.
B.
Strip topsoil to whatever depths are encountered in a manner to prevent intermingling with
underlying subsoil or other waste materials.
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1. Remove subsoil and nons oil materials from topsoil, including trash, debris, weeds, roots,
and other waste materials.
C.
Stockpile topsoil materials away from edge of excavations without intermixing with subsoil.
Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust.
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2.
3.
4.
Limit height oftopsoil stockpiles to 72 inches. .
Do not stockpile topsoil within tree protection zones.
Dispose of excess topsoil as specified for waste material disposal.
Stockpile surplus topsoil to allow for respreading deeper topsoil. .
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3.7
SITE IMPROVEMENTS
A.
Remove existing above- and below-grade improvements as indicated and as necessary to
facilitate new construction.
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B.
Remove slabs, paving, curbs, gutters, and aggregate base as indicated.
,1. Unless existing full-depth joints coincide with line of demolition, neatly saw-cut length
of existing pavement to remain before removing existing pavement. Saw-cut faces
vertically.
2. Paint cut ends of steel reinforcement in concrete to remain to prevent corrosion.
3.8
DISPOSAL
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A. Disposal: Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials,
and waste materials including trash and debris, and legally dispose of them off Owner's
property.
END OF SECTION 311000
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McBean Park Improvements
Augusta-Richmond County Recreation and Parks
February 15, 2008
SECTION 312000 - EARTH MOVING
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PART 1 - GENERAL
1.1 RELATED DOCUMENTS
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A.
1.2
Drawings and general provisions of the Contract, including General and Supplementary'
Conditions and Division 01 Specification Sections, apply to this Section.
SUMMARY
A. This Section includes the following:
1. . Preparing subgrades for slabs-on-grade, walks, pavements, lawns and grasses, and
exterior plants.
2. Excavating and backfilling for buildings and structures.
3. Drainage course for slabs-on-grade.
4. Subbase course for concrete pavements. ,
5. Subbase and base course for asphalt paving.
6. Excavating and backfilling for utility trenches.
7. Excavating and backfilling trenches for buried mechanical and electrical utilities and pits
for buried utility structures.
B. Related Sections include the following:
Division 01 Section "Temporary Facilities and Controls" for temporary controls, utilities,
and support facilities.
Division 03 Section "Cast-in-Place Concrete" for granular course if placed over vapor
retarder and beneath the slab-on-grade.
Divisions 21,22,23,26,27, and28 Sections for installing underground mechanical and
electrical utilities and buried mechanical and electrical structUres.
Division 31 Section "Site Clearing" for temporary erosion and sedimentation control
measures, site stripping, grubbing, stripping and stockpiling topsoil, arid removal of
above-, and below-grade improvements and utilities. _
Divisioi:132 Section "Turf and Grasses" for finish grading, including preparing and
placing topsoil and planting soil for laWns.
. Division 32 Section "Plants" for planting bed establishment and tree and shrub pit
excavation and planting.
Division 33 Section "Subdrainage" for drainage of foundations and slabs-on~grade.
1.
2.
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4.
5.
6.
7.
1.3 DEFINITIONS
A. Backfill: Soil material or controlled low-strength material used to fill an excavation.
EARTH MOVING
1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to
support sides of pipe.
2. Final Backfill: Backfill placed over initial backfill to fill a trench.
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February 15,2008
B. Base Course: Course placed between the subbase course and hot-mix asphalt paving.
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C.
Bedding Course: Course placed over the excavated sub grade in a trench before laying pipe.
D.
Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill.
E.
Drainage Course: Course supporting the slab-on-grade that also minimizes upward capillary
flow of pore water.
F. Excavation: Removal of material encountered above sub grade elevations and to lines and
dimensions indicated.
1. . Authorized Additional Excavation: Excavation below sub grade elevations or beyond
indicated lines and dimensions as directed by Engineer. Authorized additional
excavation and replacement material will be paid for according to Contract provisions for
changes in the Work.
2. Bulk Excavation: Excavation more than 10 feet in width and more than 30 feet in length.
3. Unauthorized Excavation: Excavation below sub grade elevations or beyond indicated
lines and dimensions without direction by Engineer. Unauthorized excavation, as well as
remedial work directed by Engineer, shall be without additional compensation.
G. Fill: Soil materials used to raise existing grades.
H. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical
and electrical appurtenances, or other man-made stationary features constructed above or below
the ground surface.
1. Subbase Course: Course placed between the sub grade and base course for hot-mix asphalt
pavement, or course placed between the sub grade and a cement concrete pavement or a cement
concrete or hot-mix asphalt walk.
J. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or ,
backfill immediately below subbase, drainage fill, or topsoil materials.
K. Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground
services within buildings.
1.4 SUBMITTALS
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A.
Material Test Reports: From a qualified testing agency indicating and interpreting test results
for compliance of the following with requirements indicated:
1, Classification according to ASTM D 2487 of each on-site and borrow soil material
proposed for fill and backfill.
2. Laboratory compaction curve according to ASTM D 698 for each on-site and borrow soil
material proposed for fill and backfill.
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1.5 QUALITY ASSURANCE
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A.
Geotechnical Testing Agency Qualifications: An independent testing agency qualified
according to ASTM E 329 to conduct soil materials.
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1.6
PROJECT CONDITIONS
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A.
Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others
unless permitted in writing by Engineer and then only after arranging to provide temporary
utility services according to requirements indicated.
1. Notify Engineer not less than two days in advance of proposed utility interruptions.
2. Do not proceed with utility interruptions without Engineer's written permission.
3. Contact utility-locator service for area where Project is located before excavating.
B. Demolish and completely remove from site existing underground utilities indicated to be
removed. Coordinate with utility companies to shut off services iflines are active.
PART 2 - PRODUCTS
2.1 SOIL MATERIALS
A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not
available from excavations.
B. Satisfactory Soils: ASTM D 2487 Soil Classification Groups GW, GP, GM, SW, SP, and SM,
or a combination of these groups; free of rock or gravel larger than 1 W' in any dimension,
debris, waste, frozen materials, vegetation, and other deleterious matter.
C. Unsatisfactory Soils: Soil Classification Groups GC, SC, CL, ML, OL, CH, MH, OH, and PT
according to ASTM D 2487, or a combination of these groups.
1. Unsatisfactory soils' also include satisfactory soils not maintained within 2 percent of
optimum moisture content at time of compaction.
D. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a I-I12-inch
sieve and notmore than 12 percent passing a No. 200 sieve.
E. Base Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1-1/2-inch
sieve and not more than 8 percent passing a No. 200 sieve.
F. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-I/2~inch
sieve and not more than 12 percent passing a No. 200 sieve.
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February 15,2008
G. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a I-inch
sieve and not more than 8 percent passing a No. 200 sieve.
H. Drainage Course: Narrowly 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 0 to 5 percent passing a No.8 sieve.
1. Filter Material: Narrowly graded mixture of natural or crushed gravel, or crushed stone and
natural sand; ASTM D 448; coarse-aggregate grading Size 67; with 100 percent passing a 1-
inch sieve and 0 to 5 percent passing a No.4 sieve.
J. Sand: ASTM C 33; fine aggregate, natural, or manufactured sand.
K. Impervious Fill: Clayey gravel and sand mixture capable of compacting to a dense state.
2.2GEOTEXTILES
A. Separation Geotextile: Woven geotextile fabric, manufactured for separation applications,
made from polyolefIlls or polyesters; with elongation less than 50 percent; complying with
AASHTO M 288 and the following, measured per test methods referenced:
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1. Survivability: Class 2; AASHTO M 288.
2. Grab Tensile Strength: 2471bf; ASTM D 4632.
3. Sewn Seam Strength: 2221bf; ASTM D 4632.
4. Tear Strength: 90 lbf; ASTM D 4533.
5. Puncture Strength: 90 lbf; ASTM D 4833.
6. Apparent Opening Size: No. 60 sieve, maximum; ASTM D 4751.
7. Permittivity: 0.02 per second, minimum; ASTM D 4491.
8. UV Stability: 50 percent after 500 hours' exposure; ASTM D 4355.
2.3 ACCESSORIES
A. Warning Tape: Acid- and alkali-resistant polyethylene film warning tape manufactured for
marking and identifying underground utilities, 6 inches wide a~d 4 mils thick, continuously
inscribed with a description of the utility; colored as follows:
B. Detectable Warning Tape: Acid- and alkali-resistant polyethylene fihn warning tape
manufactured for marking and identifying underground utilities, a minimum of 6 inches wide
and' 4 mils thick, 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 30 inches deep; colored as follows:
1. Red: Electric.
2. Yellow: Gas, oil, steam, and dangerous materials.
3. Orange: Telephone and other communications:
4. Blue: Water systems.
5. Green: Sewer systems.
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February 15,2008
PART 3 - EXECUTION
3.1 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by
settlement, lateral movement, undermining, washout, and other hazards created by earthwork
operations.
B. Preparation of sub grade for earthwork operations including removal of vegetation, topsoil,
debris, obstructions, and deleterious materials from ground surface is specified in Division 31
Section "Site Clearing." .
C. Protect and maintain erosion and sedimentation controls, which are specified in Division 31
Section "Site Clearing," during earthwork operations.
3.2 DEWATERING
A. Prevent surface water and ground water from entering excavations, from ponding on prepared
subgrades, and from flooding Project site and surrounding area.
B. Protect subgrades from softening, underriIining, washout, and damage by raIll or water
accumulation.
1. Reroute surface water runoff away from excavated areas. Do not allow water to
accumulate in excavations. Do not use excavated trenches as temporary drainage ditches.
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3.3
EXCAVATION, GENERAL
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Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface
and subsurface conditions encountered. Unclassified excavated materials may include rock, soil
materials, and obstructions. No' changes in the Contract Sum or the Contract Time will be
authorized for rock excavation or removal of obstructions.
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If excavated materials intended for fill and backfill include unsatisfactory soil materials
and rock, replace with satisfactory soil materials.
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3.4
EXCAVATION FOR STRUCTURES
A.
Excavate to indicated elevations and dimensions within a tolerance of plus or minus 1 inch. If
applicable, extend excavations a sufficient distance from structures for placing and removing
concrete formwork, for installrng services and other construction, and for inspections.
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Excavations for Footings and Foundations: Do not disturb bottom of excavation.
Excavate by hand to final grade just before placing concrete reinfqrcement. Trim
bottoms to required lines and grades to leave solid base to receive other work.
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3.5
EXCAVATION FOR WALKS AND PAVEMENTS
A.
Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and
subgrades.
3.6
EXCAVATION FOR UTILITY TRENCHES
A.
Excavate trenches to indicated gradients, lines, depths, and 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 the following 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: As indicated.
C. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of
pipes and conduit. Shape sub grade to provide continuous support for bells, joints, and barrels of
pipes and for joints, fittings, and bodies of conduits. Remove projecting stones and sharp
objects along trench subgrade.
1. For pipes and conduit less than 6 inches in nominal diameter and flat-bottomed, multiple-
duct qonduit units, hand-excavate trench bottoms and support pipe and conduit on an
undisturbed sub grade.
2. For pipes and conduit 6 inches or larger in nominal diameter, shape bottom of trench to
support bottom 90 degrees of pipe circumference. Fill depressions with tamped sand
backfill.
3. Excavate trenches 6 inches deeper than elevation required in rock or other unyielding
bearing material to allow for bedding course. .
D. Trench Bottoms: Excavate trenches 4 inches deeper than bottom of pipe elevation to allow for
bedding cOl.!I"se. Hand excavate for bell of pipe.
1. Excavate trenches 6 inches deeper than elevation required in rock or other unyielding
bearing material to allow for bedding course.
3.7 SUBGRADE INSPECTION
A. Notify Engineer when excavations have reached required subgrade.
B. If Engineer determines that unsatisfactory soil is present, continue excavation and replace with
compacted backfill or fill material as directed.
C. Proof-roll sub grade below the building slabs and. pavements with heavy pneumatic-tired
equipment to identify soft pockets and areas of excess yielding. Do not proof-roll wet or
saturated subgrades.
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1. Completely proof-roll sub grade in one direction, repeating proof-rolling in direction
perpendicular to fIrst direction. Limit vehicle speed to 3 mph.
2. Proof-roll with a loaded 10-wheel, tandem-axle dump truck weighing not less than 15
, tons.
3. Excavate soft spots, unsatisfactqry soils, and areas of excessive pumping or rutting, as
determined by Engineer, and replace with compacted backfill or fIll as directed.
. .
D. Authorized additional excavation and replacement material will be paid for according to
Contract provisions for changes in the Work.
E. Reconstruct sub grades damaged by freezing temperatures, frost, rain, accumulated water, or
construction activities, as directed by Engineer, without additional compensation.
3,.8 UNAUTHORIZED EXCAVATION
A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation
of concrete foundation or footing to excavation bottom, without altering top elevation. Lean
concrete fill, with 28-day compressive strength of 2500 psi, may be used when approved by
Engineer. '
1. Fill unauthorized excavations under other ,?onstruction or utility pipe as direCted by
Engineer.
3.9 STORAGE OF SOIL MATERIALS
A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing.
Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust
1. Stockpile soil materials away from edge of excavations. Do not store within drip line of
remaining trees.
3.10 BACKFILL
A. Place and compact backfill in excavations promptly, but not before completing the following:
1. Construction below finish grade including, where applicable, sub drainage, dampproofIllg,
waterproofIllg, and perimeter insulation.
2. Surveying locations of underground utilities for Record Documents.
3. Testing and inspecting underground utilities.
4. Removing concrete formwork.
5. Removing trash and debris.
B. Place backfill on sub grades free of mud, frost, or jc~.
3.11 UTILITY TRENCH BACKFILL
A. Place backfill on sub grades free of mud, frost, or ice.
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. B. Place and compact bedding course on trench bottoms and where indicated. Shape bedding
course to provide continuous support for bells, joints, and barrels of pipes and for joints,
fittings, and bodies of conduits.
C. Backfill trenches excavated under footings and within 18 inches of bottom of footings with
satisfactory soil
D.' Provide 4-inch- thick, concrete~base slab support for piping or conduit less than 30 inches
below surface of roadways. After installing and testing, completely encase piping or conduit in
a minimum of 4 inches of concrete before backfilling or placing roadway subbase.
E. Place and compact initial backfill of satisfactory soil, free of particles larger than 1 inch in any
dimension, to a height of 12 inches over the utility pipe or conduit.
1. Carefully compact initial backfill under pipe haunches and compact evenly up on both
sides and, along the full length of utility piping or conduit to avoid damage or
displacement of piping or conduit. Coordinate backfilling with utilities testing.
F.
Phice and compact final backfill of satisfactory soil to final sub grade elevation.
G.
Install warning tape directly above utilities, 12 inches below finished grade, except 6 inches
below sub grade under pavements and slabs.
3.12
SOIL FILL
A.
Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill
material will bond with existing material.
B.
Place and compact fill material in layers to required elevations as follows:
1-
1.
2.
3.
4.
5.
Under grass and planted areas, use satisfactory soil material.
Under walks and pavements, use satisfactory soil material.
Under steps and ramps, use engineered fill.
Under building slabs, use engineered fill.
Under footings and foundations, use engineered fill.
C. Place soil fill on sub grades free of mud, frost or ice.
3.13 SOIL MOISTURE CONTROL
A. Uniformly moisten or aerate sub grade and each subsequent fill or backfill soil layer before
compaction to within 2 percent of optimum moisture content.
1. Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain
frost or ice.
2. Remove and replace, or scarify and air dry otherwise satisfactory soil material that
exceeds optimum moisture content by 2 percent and is too wet to compact to specified
dry unit weight.
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3.14 COMPACTION OF SOIL BACKFILLS AND FILLS
A. Place backfill and fill soil 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 soil materials evenly on all sides of structures to required elevations, and
uniformly along the full length of each structure.
C. Compact soil materials to not less than the following percentages of maximum dry unit weight
according to ASTM D 698:
1. Under structures, building slabs, steps, and pavements, scarify and recompact top 12
inches of existing sub grade and each layer of backfill or fill soil material at 95 percent.
2. Under walkways, scarify and recompact top 6 inches below sub grade and compact each
layer of backfill or fill soil material at 92 percent.
3. Under lawn or unpaved areas, scarify and recompact top 6 inches below sub grade and
compact each layer of backfill or fill soil material at 85 percent.
4. For utility trenches, compact each layer of initial and final backfill soil material at 90
percentage percent.
3.15 GRADING
A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply
with compaction requirements and grade to cross sections, lines, and elevations indicated.
1. Provide a smooth transition between adjacent existing grades and new grades.
2. Cut out soft spots,. fill low spots, and trim high spots to comply with required surface
tolerances.
B. Site Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish .
sub grades to required elevations within the following tolerances:
1. Lawn or Unpaved Areas: Plus or minus 1 inch.
2. Walks: Plus or minus 1 inch.
3. Pavements: Plus or minus 112 inch.
C. Grading inside Building Lines: Finish sub grade to a tolerance of 1/2 inch when tested with a .
10- foot straightedge.
3.16 SUBBASE AND BASE COURSES
A. Place subbase and base course on sub grades free of mud, frost, or ice.
B. On prepared subgrade, place subbase and base course under pavements and walks as follows:
1. Install when directed by the Engineer separation geotextile on prepared sub grade
according to manufacturer's written instructions, overlapping sides and ends.
2. Place base course material over subbase course under hot-mix asphalt pavement.
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3. Shape subbase and base course to required crown elevations and cross-slope grades.
4. Place subbase and base course 6 inches or less in compacted thickness in a single layer.
5. Place subbase and base course that exceeds 6 inches in compacted thickness in layers of
equal thickness, with no compacted layer more than 6 inches thick or less than 3 inches
thick.
6. Compact subl?ase and base course at optimum moisture content to required grades, lines,
cross sections, and thickness to not less than 95 percent of maximum dry unit weight
according to ASTM D 698.
C. Pavement Shoulders and Fire Apparatus Lane in Grass Areas: Place Fire Apparatus Lane and
shoulders along edges of subbase and bas.e course to prevent lateral movement. Construct
shoulders, at least 12 inches wide, of satisfactory soil materials and compact simultaneously
with each subbase and base layer to not less than 95 percent of maximum dry unit weight
according to ASTM D 698.
3.17 DRAINAGE COURSE
A. Place drainage course on subgrades free of mud, frost, or Ice.
B. On prepared subgrade, place and compact drainage course under cast-in-place concrete slabs-
on-grade as follows:
1. Place drainage course 6 inches or less in compacted thickness in a single layer.
2. Compact each layer of drainage course to required cross sections and thicknesses to not
less than 95 percent of maximum dry unit weight according to ASTM D 698.
3.18 FIELD QUALITY CONTROL
,
"
A.' Testing Agency: Owner will engage a qualified independent geotechnical engineering testing
agency to perform field quality-control testing.
B. Allow testing agency to inspect and test sub grades and each fill or backfill layer. Proceed with
subsequent earthwork only after test results for previously completed work comply with
requirements.
C. Footing Subgrade: At footing sub grades, at least one test of each soil stratum will be performed
to verify design bearing capacities. Subsequent verification and approval of other footing
subgrades may be based on a visual comparison of sub grade with tested sub grade when
approved by Engineer.
D. Testing agency will test compaction of soils in place according to ASTM D 1556,
ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. Tests will be performed at
the following locations and frequencies:
1. Paved and Building Slab Areas: At sub grade and at each compacted fill and backfill
layer, at least 1 test for every 2000 sq. ft. or less of paved area or building slab, but in no
case fewer than 3 tests.
2. Foundation Wall Backfill: At each compacted backfill layer, at least 1 test for each 100
feet or less of wall length, but no fewer than 2 tests.
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3. Trench Backfill: At each compacted initial and final backfill layer, at least 1 test for each
150 feet or less of trench length, but no fewer than 2 tests.
E.
When testing agency reports that sub grades, fills, or backfills have not achieved degree of
compaction specified, scarify and moisten or aerate, or remove and replace soil to depth
required; recompact and retest until specified compaction is obtained.
3.19
PROTECTION
A.
Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep
free of trash and debris.
B.
Repair and reestablish grades to specified tolerances where completed or partially completed
surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent
construction operations or weather conditions.
1. Scarify or remove and replace soil material to depth as directed by Engineer; reshape and
recompact.
C. Where settling occurs before Project correction period elapses, remove finished surfacing,
backfill with additional soil material, compact, and reconstruct surfacing.
1. Restore appearance, quality, and condition of finished surfacing to match adjacent work,
and eliminate evidence of restoration to greatest extent possible.
3.20 DISPOSAL 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 off Owner's property.
END OF SECTION 312000
I
TERMITE CONTROL
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February 15, 2008
SECTION 313116 - TERMITE CONTROL
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections,. apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Soil treatment with termiticide.
2. Bait-station system.
B. Related Sections include the following:
1. Division 06 Section "Rough Carpentry" for wood preservative treatment by pressure
process.
, '
1.3 PERFORMANCE REQUIREMENTS
A. Service Life of Soil Treatment: Soil treatment by use of a termiticide that is effective for not
less than five years against infestation of subterranean termites.
1.4 SUBMITTALS
A. Product Data: For termiticide and bait-station system.
1. Include the EP A..;Registered Label for termiticide products.
B. Product Certificates: For termite control products, signed by product manufacturer.
C. Qualification Data: For Installer of termite control products.
D. Soil Treatment Application Report: After application of termiticide is completed, submit report
for Owner's record information, including the following:
1. Date and time of application.
2. Moisture content of soil before application.
3. Brand name and manufacturer of termiticide.
4. Quantity of undiluted termiticide used.
5. Dilutions, methods, volumes, and rates of application used.
6. Areas of application.
7. Water source for application.
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E. Bait-Station System Application Report: After installation of bait~station system is completed,
submit report for Owner's records information, including the following:
1. Location of areas and sites conducive to termite feeding and activity.
2. Plan drawing showing number and locations of monitoring stations and bait stations,
3. Dated report for each monitoring and inspection occurrence indicating level of termite
activity, procedure, and treatment applied before time of Substantial Completion.
4. Brand name and manufacturer oftermiticide.
5. Quantities of termite bait used.
6. Schedule of inspections for one year from date of Substantial Completion.
F. Warranty: Special warranty specified in this Section.
1.5 QU:ALITY ASSURANCE
A. Installer Qualifications: A specialist who is licensed according to regulations of authorities
having jurisdiction to apply termite control treatment and products in jurisdIction where Project
is located, and who employs workers trained and approved by bait-station system manufacturer
to install manufacturer's products.
B. Regulatory Requirements: Formulate and apply termiticides according to the EPA-Registered
Label.
C. Source Limitations: Obtain termite control products through one source. "
1.6 PROJECT CONDITIONS
A. Environmental Limitations: To ensure penetration, do not treat soil that is water saturated or
frozen. Do not treat soil while precipitation is occurring. Comply with requirements of the
EP A -Registered Label and requirements of authorities having jurisdiction.
1.7 COORDINATION
A. Coordinate soil treatment application with excavating, filling, grading, and concreting
operations. Treat soil under footings, grade beams, and ground-supported slabs before
construction.
B. Install bait-station system after construction, including landscaping, is completed.
1.8 WARRANTY
A. Special Warranty: Manufacturer's standard form, signed by Applicator and Contractor
certifying that termite control work, consisting of applied soil termiticide treatment, will prevent
infestation of subterranean termites. If subterranean termite activity or damage, is discovered
,during warranty period, re-rreat soil and repair or replace damage caused by termite infestation.
1. Warranty Period: Five years from date of Substantial Completion.
~!
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1.9 MAINTENANCE SERVICE
A. Continuing Service: Beginning at Substantial Completion, provide 12 months' continuing
service including monitoring, inspection, and re-treatment for occurrences of termite activity.
Provide a standard continuing service agreement. State services, obligations, conditions, and
terms for agreement period; and terms for future renewal options.
PART 2 - PRODUCTS
2.1 MANUFACTURERS
A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering
products that may be incorporated in~o the Work include, but are not limited to, the following:
1. Termiticides:
a. Aventis Environmental Science USA LP; Termidor.
b. Bayer Corporation; Premise 75.
c. Dow AgroSciences LLC; Dursban TC.
d. FMC Corporation, Agricultural Products Group; Tal star.
e. Syngenta; Demon TC.
2. Bait-Station Systems:
a. Dow AgroSciences LLC; Sentricon System.
b. Ensystex, Inc.; Exterra System.
c. FMC Corporation, Agricultural Products Group; First Line Systems.
2.2 SOIL TREATMENT
A. Termiticide: Provide an EP A-registered termiticide complying with requirements of authorities'
having jurisdiction, in an aqueous solution formulated to prevent termite infestation. Provide
quantity required for application at the label volume and rate for the maximum terrniticide
concentration allowed for each specific use, according to product's EPA-Registered Label.
2.3 BAIT-STATION SYSTEM
A. Provide bait stations and monitoring stations based on the dimensions of building perimeter
indicated on Drawings, according to manufacturer's EPA-Registered Labei for product,
manufacturer's written instructions, and the following:
1. Not less than 1 station per.
2. Not less than 1 cluster of stations per 20 linear feet, consisting of not less than 3 stations
per cluster.
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PART 3 - EXECUTION
3.1
EXAMINATION
A.
Examine substrates, areas, and conditions, with Applicator present, for compliance with
requirements for moisture content of soil, interfaces with earthwork, slab and foundation work,
landscaping, and other conditions affecting performance of termite control.
1. Proceed with application only after unsatisfactory conditions have been corrected.
3.2 PREPARATION
A. General: Comply with the most stringent requirements of authorities having jurisdiction and
with manufacturer's written instructions for preparation before beginning application of termite
control treatment. Remove all extraneous sources of wood cellulose and other edible materials
such as wood debris, tree stumps and roots, stakes, formwork, and construction waste wood
from soil within and around foundations.
B. Soil Treatment Preparation: Remove foreign matter and impermeable soil materials that could
decrease treatment effectiveness on areas to be treated. Loosen, rake, and level soil to be
treated except previously compacted areas under slabs and footings. Terrniticides may be
applied before placing compacted fill under slabs if recommended in writing by termiticide
manufacturer.
1. Fit filling hose connected to water source at the site with a backflow preventer,
complying with requirements of authorities having jurisdiction.
3.3 APPLICATION, GENERAL
A. General: Comply with the most stringent requirements of authorities having jurisdiction and
with manufacturer's EP A-Registered Label for products.
3.4 APPLYING SOIL TREATMENT
A. Application: Mix soil treatment termiticide solution to a uniform consistency. Provide quantity
required for application at the label volume and rate for the maximum specified concentration of
terrniticide, according to manufacturer's EP A-Registered Label, to the following so that a
continuous horizontal and vertical terrniticidal barrier or treated zone is established around and
under building construction. Distribute treatment evenly.
1. Slabs-on-Grade and Basement Slabs: Under' ground-supported slab construction,
including footings, building slabs, and attached slabs as an overall treatment. Treat soil
materials before concrete footings and slabs are placed.
2. Foundations: Adjacent soil including soil along the entire inside perimeter of foundation
w~lls, along both sides of interior partition walls, around plumbing pipes and electric
. conduit penetrating the slab, and around interior column footers, piers, and chimney
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bases; also along the entire outside perimeter, from grade to bottom of footing. Avoid
soil washout around footings.
3. Penetrations: At expansion joints, control joints, and areas where slabs will be
penetrated.
B. Avoid disturbance of treated soil after application. Keep off treated areas until completely dry.
C. Protect termiticide solution, dispersed in treated soils and fills, from being diluted until ground-
supported slabs are installed. Use waterproof barrier according to EP A-Registered Label
instructions.
D. Post warning signs in areas of application.
E. Reapply soil treatment solution to areas disturbed by subsequent excavation, grading,
landscaping, or other construction activities following application.
3.5 INSTALLING BAIT-STATION SYSTEMS
A. Place bait stations and, if applicable, monitoring stations, according to the EP A-Registered
Label for the product and manufacturer's written instructions, in areas that are conducive to
termite feeding and activity, as follows:
1. Conducive sites and locations Indicated on Drawings.
2. In and around infested trees and stumps.
3. In mulch beds.
4. Where wood directly contacts soil.
5. Areas of high soil moisture.
6. Near irrigation sprinkler heads.
7. Each area where roof drainage system, including downspouts and scuppers, drains to soil.
8. Along driplines of roof overhangs without gutters.
9, ' Where condensate lines from mechanical equipment drip or drain to soil.
10. At plumbing penetrations through ground-supported slabs.
11. Other sites and locations as determined by licensed Installer.
B. Inspect and service stations from time of their application until completion of time period
established by continuing service agreement, according to the EPA-Registered Label for
product and manufacturer's written instructions for termite management system and bait
~~~. -
I
I
I
I
I.
1. Service Frequency: Inspect monitoring stations no fewer than once every three months.
END OF SECTION 313116
ASPHALT PAVING
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February 15,2008
SECTION 321216 - ASPHALT PAVING
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Hot-mix asphalt paving.
2. Pavement-marking paint.
B. Related Sections:
1. Division 31 Section "Earth Moving" for aggregate subbase and base courses and for
aggregate pavement shoulders.
2. Division 32 Sections for other paving installed as part of crosswalks in asphalt pavement
areas.
3. Division 32 Section "Concrete Paving Joint Sealants" for joint sealants and fillers at
paving terminations.
4. Division 32 Section "Unit Paving" for bituminous setting bed for pavers.
1.3 DEFINITION
A. Hot-Mix Asphalt Paving Terminology: Refer to ASTM D 8 for defIllitions of terms.
1.4 SUBMITTALS
A. Product Data: For each type of product indicated. Include technical data and tested physical
and performance properties.
1. Job-Mix Designs: For each job mix proposed for the Work.
1.5 QUALITY ASSURANCE
A. Testing Agency Qualifications: Qualified according to ASTM D 3666 for testing indicated.
1.6 DELIVERY, STORAGE, AND HANDLING
I
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.
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B. Store pavement-marking materials in a clean, dry, protected location 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 sub grade is wet or excessively
damp, if rain is imminent or expected before time required for adequate cure, or ifthe following
conditions are not met:
1. Prime Coat: Minimum surface temperature of 60 deg F.
2. Tack Coat: Minimum surface temperature of 60 deg F.
3. Slurry Coat: Comply with weather limitations in ASTM D 3910.
4. Asphalt Base Course: Minimum surface temperature of 40 deg F and rising at time of
placement.
5. Asphalt Surface Course: Minimum surface temperature of 60 deg F at time of placement.
B. Pavement-Marking Paint: Proceed with pavement marking only on clean, dry surfaces and at a
minimum ambient or surface temperature of 40 deg F for oil-based materials, and not exceeding
95 deg F.
PART 2 - PRODUCTS
2.1 AGGREGATES
A. General: Use materials and gradations that have performed satisfactorily III preVIOUS
installations.
B. Coarse Aggregate: ASTM D 692, sound; angular crushed stone, crushed gravel, or cured,
crushed blast-furnace slag.
C. Fine Aggregate: ASTM D 1073, sharp-edged natural sand or sand prepared from stone, gravel,
cured blast-furnace slag, or combinations thereof.
1. For hot-mix asphalt, limit natural sand to a maximum of 20 percent by weight of the total
aggregate mass.
D. Mineral Filler: ASTM D 242, rock or slag dust, hydraulic cement, or other inert material.
2.2 ASPHALT MATERIALS
A. Asphalt Binder: AASHTO M 320 or AASHTO MP la, PG 64-22.
B. Asphalt Cement: ASTM D 3381 for viscosity-graded material.
C. Prime Coat: ASTM D 2027, medium-curing cutback asphalt, MC-30 or MC-70.
D. Prime Coat: Asphalt emulsion prime coat complying with GA DOT requirements.
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E.
Tack Coat: ASTM D 977 emulsified asphalt, or ASTM D 2397 or AASHTO M 208 cationic
emulsified asphalt, slow setting, diluted in water, of suitable grade and consistency for
application. '
F.
Water: Potable.
2.3
AUXILIARY MATERIALS
A.
Herbicide: Commercial chemical for weed control, registered by the EP A. Provide in granular,
liquid, or wettable powder form.
B.
Sand: ASTM D 1073, Grade Nos. 2 or 3.
C.
Pavement-Marking Paint: Alkyd-resin type, lead and chromate free, ready mixed, complying
with AASHTO M 248, Type N; colors complying with FS TT-P-1952.
1. Color: White for parking spaces and edge of pavement; Blue for Handicap parl\king
saces, markings and aisle cross striping..
. .
D. Wheel Stops: Precast, air-entrained concrete, 2500-psi minimum compressive strength, 4-1/2
inches high by 9 inches wide by 72 inches long. Provide chamfered corners, drainage slots on
underside, and holes for anchoring to substrate.
1. Dowels: Galvanized steel, 3/4-inch diameter, 1 O-inch minimum length.
2.4 MIXES
A. Hot-Mix Asphalt: Dense, hot-laid, hot-mix asphalt plant mixes approved by authorities having
jurisdiction; designed according to procedures in AI MS-2, "Mix Design Methods for Asphalt
Concrete and Other Hot-Mix Types"; and complying with the following requirements:
1. Provide mixes with a history of satisfactory performance in geographical area where
Project is located.
2. Base Course: Type "B".
3. Surface Course: Type "E".
4. Provide mixes with a history of satisfactory performance in geographical area where
Project is located.
5. Provide mixes complying with composition, grading, and tolerance requirements in
ASTM D 3515 for the following nominal, maximum aggregate sizes:
a. Base Course: 2".
b. Surface Course: 1 Yz".
ASPHALT PAVING 321216-3
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PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify that sub grade is dry and in suitable condition to begin paving.
B. Proof-roll sub grade below pavements with heavy pneumatic-tired equipment to identify soft
pockets and areas of excess yielding. Do not proof-roll wet or saturated sub grades.
1. Completely proof-roll subgrade in one direction[, repeating proof-rolling in direction
perpendicular to first direction]. Limit vehicle speed to 3 mph.
2. Proof roll with a loaded 10-wheel, tandem-axle dump truck weighing not less than 15
tons.
3. Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting, as
determined by Engineer, and replace with compacted backfill or fill as directed.
C.,Proceed with paving only after unsatisfactory conditions have been corrected. '
3.2 SURFACE PREPARATION
A. General: Immediately before placing asphalt materials, remove loose and deleterious material
from substrate surfaces. Ensure that prepared sub grade is ready to receive~paving.
B. Herbicide Treatment: Apply herbicide according to manufacturer's recommended nites and
written application instructions. Apply to dry, prepared sub grade or surface of compacted-
aggregate base before applying paving materials.
1. Mix herbicide with prime coat if formulated by manufacturer for that purpose.
C. Prime Coat: Apply uniformly over surface of compacted unbound-aggregate base course at a
rate of 0.15 to 0.50 gal./sq. yd.. Apply enough material to penetrate and seal but not flood
surface. Allow prime coat to cure.
1. If prime coat is not entirely absorbed within 24 hours after application, spread sand over
surface to blot excess asphalt. Use enough sand to prevent pickup under traffic. Remove
loose sand by sweeping before pavement is placed and after volatiles have evaporated.
2. Protect primed substrate from damage until ready to receive paving.
D. Tack Coat: If asphalt base has set for mre han 5 days, apply uniformly to surfaces of existing
pavement at a rate of 0.05 to 0.15 gal./sq. yd..
1. Allow tack coat to cure undisturbed before applying hot-mix asphalt paving.
2. Avoid smearing or -staining adjoining surfaces, appurtenances, and surroundings.
Remove spillages and clean affected surfaces. .
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3.3
HOT-MIX ASPHALT PLACING
A.
Machine place hot-mix asphalt 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.
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 wide unless infill edge strips of a lesser
width are required.
1. After first strip has been placed and rolled, place succeeding strips and extend rolling to
overlap previous strips. Complete a section of asphalt base course before placing asphalt
surface course.
C. Promptly correct surface irregularities in paving course behind paver. Use suitable hand tools
to remove excess material forrni.llg high spots. Fill depressions with hot-mix asphalt to prevent
segregation. of mix; use suitable hand tools to smooth surface.
3.4 JOINTS
A. Construct joints to ensure a continuous bond between adjoining paving sections. Construct
joints free of depressions, with same texture and smoothness as other sections of hot-mix
asphalt course~
1. Clean contact surfaces and apply tack coat to joints.
2. Offset longitudinal joints, in successive courses, a minimum of 6 inches.
3. Offset transverse joints, in successive courses, a minimum of 24 inches.
4. Construct transverse joints at each point where paver ends a day's work and resumes
work at a subsequent time. Construct these joints using either "bulkhead" or "papered"
method according to AI MS-22, for both "Ending a Lane" and "Resumption of Paving
Operations. "
5. Compact joints as soon as hot-mix asphalt will bear roller weight without excessive
displacement.
6. Compact asphalt at joints to a density within 2 percent of specified course density.
3 .5 COMPACTION
A. General: Begin compaction as soon as placed hot-mix paving will bear roller weight without
excessive displacement. Compact hot-mix paving with hot, hand tampers or with vibratory-
plate compactors in areas inaccessible to rollers. .
1. Complete compaction before mix temperature cools to 185 deg F.
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B. Breakdown Rolling: Complete breakdown or initial rolling immediately after rolling joints and
outside edge. Examine surface immediately after breakdown rolling for indicated crown, grade,
and smoothness. Correct laydown and rolling operations to comply with requirements.
C. Intermediate Rolling: Begin intermediate rolling immediately after breakdown rolling while
hot-mix asphalt is still hot enough to achieve specified density. Continue rolling until hot-mix
asphalt course has been uniformly compacted to the following density:
1. Average Density: 96 percent of reference laboratory density according to ASTM D 6927
or AASHTO T 245, but not less than 94 percent nor greater than 100 percent.
2. Average Density: 92 percent of reference maximum theoretical density according to
ASTM D 2041, but not less than 90 percent nor greater than 96 percent.
D. Finish Rolling: Finish roll paved surfaces to remove roller marks while hot-mix asphalt is still
warm.
E. Edge Shaping: While surface is being compacted and fIllished, trim edges of pavement to
proper alignment. Bevel edges while asphalt is still hot; compact thoroughly.
F. Repairs: Remove paved areas that are defective or contaminated with foreign materials and
replace with fresh, hot-mix asphalt. Compact by rolling to specified density and surface
smoothness.
G. Protection: After fIllal 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.
3.6 INSTALLATION TOLERANCES
A. Pavement Thickness: Compact each course to produce the thickness indicated within the
following tolerances:
1. Base Course: Plus or minus 1/2 inch.
2. Surface Course: Plus 1/4 inch, no minus.
B. Pavement Surface Smoothness: Compact each course to produce a surface smoothness within
the following tolerances as determined by using a 10-foot straightedge applied transversely or
longitudinally to paved areas:
1. Base Course: 1/4 inch.
2. Surface Course: 1/8 inch.
3. Crowned Surfaces: Test with crowned template centered and at right angle to crown.
Maximum allowable variance from template is 1/4 inch.
I
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3.7 PAVEMENT MARKING
A. Do not apply pavement-marking paint until layout, colors, and placement have been verified
with Engineer.
B. Allow paving to age for 30 days before starting pavement marking.
C. Sweep and clean surface to eliminate loose material and dust.
D. Apply paint with mechanical equipment to produce pavement markings, of dimensions
. indicated, with uniform, straight edges. Apply at manufacturer's recommended rates to provide
a minimum wet film thickness of 15 mils.
3.8 WHEEL STOPS
A. Securely attach wheel stops to pavement with not less than two galvanized-steel dowels
embedded at one-quarter to one-third points. Securely install dowels into pavement and bond to
wheel stop. Recess head of dowel beneath top of wheel stop.
3.9 FIELD QUALITY CONTROL
A. Testing Agency: Owner will engage a qualified testing agency to perform tests and inspections.
B. Thickness: In-place compacted thickness of hot-mix asphalt courses will be determined
according to ASTM D 3549.
C. Surface Smoothness: Finished surface of each hot-mix asphalt course will be tested for
compliance with smoothness tolerances.
D. In-Place Density: Testing agency will take samples of uncompacted paving mixtures and
compacted pavement according to ASTM D 979.
1. Reference maximum theoretical density will be determined by averaging results from
four samples of hot-mix asphalt-paving mixture delivered daily to site, prepared
according to ASTM D 2041, and compacted according to job-mix specifications. '
2. In-place density of compacted pavement will be determined by testing core samples
according to ASTM D 1188 or ASTM D 2726.
a. 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.
E.
Replace and compact hot-mix asphalt where core tests were taken.
F.
Remove and replace or install additional hot-mix asphalt where test results or measurements
indicate that it does not comply with specified requirements.
I
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3.10 DISPOSAL
A. Except for material indicated to be recycled, remove excavated materials from Project site and
legally dispose of them in an EP A-approved landfill.
END OF SECTION 321216
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SECTION 321313 - CONCRETE PAVING
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes exterior cement concrete pavement for the following:
1. Curbs and gutters.
2. Walkways.
B. Related Sections include the following:
1. Division 03 Section "Cast-in-Place Concrete" for general building applications of
concrete.
2. Division 31 Section "Earth Moving" for sub grade preparation, grading, and subbase
course.
3. Division 32 Section "Concrete Paving Joint Sealants" for joint sealants of joints in
concrete pavement and at isolation joints of concrete pavement with adjacent
construction.
1.3 DEFINITIONS
A. Cementitious Materials: Portland cement alone or in combination with one or more of blended
hydraulic cement, fly ash and other pozzolans, and ground granulated blast-furnace slag.
1.4 SUBMITTALS
A. Design Mixtures: For each concrete pavement mixture. Include alternate mixture designs when
characteristics of materials, Project conditions, weather, test results, or other circumstances
warrant adjustments.
B. Material Test Reports: From a qualified testing agency indicating and interpreting test results
for compliance of the foIiowing with requirements indicated, based on comprehensive testing of
current materials:
1. Aggregates.V
C. Material Certificates: Signed by manufacturers certifying that each of the following materials
complies with requirements:
1.
Cementitious materials.
f .
..
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2. Admixtures.
3. Curing compounds.
4. Bonding agent or epoxy adhesive.
5. Joint fillers.
D. Field quality-control test reports.
1.5 QUALITY ASSURANCE
A. Manufacturer Qualifications: Manufacturer of ready-mixed concrete products who complies
with ASTM C 94/C 94M requirements for production facilities and equipment.
1. Manufacturer certified according to NRMCA's "Certification of Ready Mixed Concrete
Production Facilities."
B. Testing Agency Qualifications: An independent agency qualified according to ASTM C 1077
and ASTM E 329 for testing indicated, as documented according to ASTM E 548.
1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing
Technician, Grade 1, according to ACI CP-01 or an equivalent certification program.
C. ACI Publications: Comply with ACI301, "Specification for Structural Concrete," unless
modified by requirements in the Contract Documents.
D. Concrete Testing Service: Owner will engage a qualified independent testing agency to
perform material evaluation tests and to design concrete mixtures.
1.6 PROJECT CONDITIONS
A. Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other
construction activities.
PART 2 - PRODUCTS
2.1
MANUFACTURERS
A.
In other Part 2 articles where titles below introduce lists, the following requirements apply to
product selection: '
1. Available Products: Subject to compliance with requirements, products that may be
incorporated into the Work include, but are not limited to, products specified.
2. Products: Subject to compliance with requirements, provide one of the products
specified.
3. Available Manufacturers: Subject to compliance with requirements, manufacturers
offering products that may be incorporated into the Work include, but are not limited to,
manufacturers specified.
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2.2
2.3
A.
B.
C.
D.
E.
4. Manufacturers: Subject to compliance with requirements, provide products by one of the
manufacturers specified.
FORMS
A.
Form Materials: Plywood, metal, metal-framed plywood, or other approved panel-type
materials to provide full-depth, continuous, straight, smooth exposed surfaces.
1. Use flexible or curved forms for curves with a radius 100 feet or less.
B. Form-Release Agent: Commercially formulated form-release agent that will not bond with,
stain, or adversely affect concrete surfaces and will not impair subsequent treatments of
concrete surfaces.
STEEL REINFORCEMENT
Plain-Steel Welded Wire Reinforcement: ASTM A 185, fabricated from as-drawn steel wire
into flat sheets.
Reinforcing Bars: ASTM A 615/A 615M, Grade 60; deformed.
Joint Dowel Bars: Plain steel bars, ASTM A 615/A 615M, Grade 60. Cut bars true to length
with ends square and free of burrs.
Tie Bars: ASTM A 615/A 615M, Grade 60, deformed.
Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening
reinforcing bars, welded wire reinforcement, and dowels in place. Manufacture bar s~ppoits
according to CRSI's "Manual of Standard Practice" from steel wire, plastic, or precast concrete
of greater compressive strength than concrete, and as follows:
1. Equip wire bar supports with sand plates or horizontal ruhners where base material will
not support chair legs. '
2.4 CONCRETE MATERIALS
A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and
source throughout the Project: -
1. Portland Cement: ASTM C 150, Type I,. Supplement with the following:
a. Fly Ash: ASTM C 618, Class F.
B. Normal-Weight Aggregates:' ASTM C 33, Class IN coarse aggregate, uniformly graded.
Provide aggregates from a single source.
1. Maximum Coarse-Aggregate Size: 1 inch nominal.
2. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement.
,
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C. Exposed Aggregate: Selected, hard, and durable; washed; free of materials with deleterious
reactivity to cement or that cause staining; from a single source, with gap-graded coarse
aggregate as follows:
1. Aggregate Sizes: 3/8 to 5/8 inch nominal.
2. Aggregate Source, Shape, and Color: Use natural Tan color hr handicap ramps
D . Water: ASTM C 94/C 94M.
E. Air-Entraining Admixture: ASTM C 260.
F. Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with
other admixtures and to contain not more than 0.1 percent water-soluble chloride ions by mass
of cementitious material.
1. Water-Reducing Admixture: ASTM C 494/C 494M, Type A.
2. Retarding Admixture: ASTM C 494/C 494M, Type B.
3. Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D.
4. High-Range, Water-Reducing Admixture: ASTM C 494/C 494M, Type F.
5. High-Range, Water-Reducing and Retarding Admixture: ASTM C 494/C 494M,
Type G.
6. Plasticizing and Retarding Admixture: ASTM C 1017 IC 10 17M, Type II.
25 FIBER REINFORCEMENT
A. Synthetic Fiber: fibrillated polypropylene fibers engineered and designed for use in concrete
pavement, complying with ASTM C 1116, Type ill, 1/2 to 1-1/2 inches long.
1. Available Products:
a. Fibrillated Fibers:
1) Axim Concrete Technologies; Fibrasol F.
2) FORTA Corporation; Forta.
3) Euclid Chemical Company (The); Fiberstrand F.
4) Grace, W. R. & Co.--Conn.; Grace Fibers.
5) SI Concrete Systems; Fibermesh.
2.6 CURING MATERIALS
A. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing
approximately 9 oz./sq. yd. dry.
B. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene
sheet.
C. Water: Potable.
D. White Waterborne Membrane-Forming Curing CompoUnd: ASTM C 309, Type 2, Class B.
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1. Available Products:
a. Anti-Hydro International, Inc.; AH Curing Compound #2 WP WE.
b. Burke by Edoco; Resin Emulsion White.
c. ChemMasters;Safe-Cure 2000.
d. Conspec Marketing & Manufacturing Co., Inc.; W.B. Resin Cure.
e. Dayton Superior Corporation; Day-Chern White Pigmented Cure (J-I0-W).
f. Euclid Chemical Company (The); Klirez VOX White Pigmented.
g. Kaufman Products, Inc.; Thinfilm 450.
h. Lambert Corporation; Aqua Kure-White.
1. L&M Construction Chemicals, Inc.; L&M Cure R-2.
J. Meadows, W. R., Inc.; 1200-White.
k. Symons Corporation; Resi -Chern White.
l. Tamms Industries, Inc.; Horncure 200-W.
m. Unitex; Hydro White.
n. Vexcon Chemicals, Inc.; Certi-Vex Enviocure White 100.
2.7
RELATED MATERIALS
A.
Expansion- and Isolation-Joint-Filler Strips: ASTM D 1752, cork or self-expanding cork.
2.8
WHEEL STOPS
A.
Wheel Stops: Precast, air-entrained concrete, 2500-psi minimUm compressive strength, 4-112
inches high by 9 inches wide by 72 inches long. Provide chamfered corners and drainage slots
on underside and holes for anchoring to substrate.
1. Dowels: Galvanized steel, 3/4-inch diameter, lO-inch minimum length.
2.9
CONCRETE MIXTURES
A.
Prepare design mixtures, proportioned according to ACI301, for each type and strength of
normal-weight concrete determined by either laboratory trial mixes or field experience.
1. Use a qualified independent testing agency for preparing and reporting proposed concrete
mixture designs for the trial batch method.
- B. Proportion mixtures to provide normal-weight concrete with the following properties:
1. Compressive Strength (28 Days): 3000 psi.
2. Maximum Water-Cementitious Materials Ratio at Point of Placement: 0.50.
3. Siump Limit: 4 inches, plus or minus 1 inch.
C. Add air-entraining admixture at manufacturer's prescribed rate to result in normal-weight
concrete at point of placement having an air content as follows:
1. Air' Content: 3 percent plus or minus 1.5 percent for I-inch nominal maximum aggregate
SIze.
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D. Limit water-soluble, chloride-ion content in hardened concrete to 0.15 percent by weight of
cement.
E. Chemical Admixtures: Use admixtures according to manufacturer's written instructions.
1. Use water-reducing and retarding admixture when required by high temperatures, low
humidity, or other adverse placement conditions.
F. - Cementitious Materials: Limit percentage, by weight, of cementitious materials other than
portland cement according to ACI 301 requirements as follows,:
1. Fly Ash or Pozzolan: 15 percent.
G. Synthetic Fiber: Uniformly disperse in concrete mix at manufacturer's recommended rate, but
not less than 1.5 lb/cu. yd..
2.10 CONCRETE MIXING
A. Ready-Mixed Concrete: Measure, batch, and mix concrete materials and concrete according to
ASTM C 94/C 94M. Furnish batch certificates for each batch discharged and used in the Work.
1. When air temperature is between 85 deg F and 90 deg F, reduce mixing and delivery time
from 1-112 hours to 75 minutes; when air temperature is above 90 deg F, reduce mixing
and delivery time to 60 minutes.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine exposed subgrades and subbase surfaces for compliance with requirements for
dimensional, grading, and elevation tolerances.
B. Proof-roil prepared subbase surface below concrete pavements with heavy pneumatic-tired
equipment to identify soft pockets and areas of excess yielding.
1. Completely proof-roll subbase in one direction and repeat in perpendicular direction.
Limit vehicle speed to 3 mph.
2. Proof-roll with a loaded 10-wheel tandem-axle dump truck weighing not less than 15
tons.
3. Subbase with soft spots and areas of pumping or rutting exceeding depth of 1/2 inch
require correction according to requirements in Division 31 Section "Earth Moving."
C.
Proceed with concrete pavement operations only after nonconforming conditions have been
corrected and sub grade is ready to receive pavement.
3.2
PREPARATION
A.
Remove loose material from compacted subbase surface immediately before placing concrete.
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3.3 EDGE FORMS AND SCREED CONSTRUCTION
A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides for pavement to
required lines, grades, and elevations. Install forms to allow continuous progress of work and
so forms can remain in place at least 24 hours after concrete placement.
B. Clean forms after each use and coat with form-release agentto ensure separation from concrete
without damage.
3.4 STEEL REINFORCEMENT
A. General: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and
supporting reinforcement.
B. Clean reinforcement ofloose rust and mill scale, earth, ice, or other bond-reducing materials.
C. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during
concrete placement. Maintain minimum cover to reinforcement.
D. Install welded wire reinforcement in lengths as long as practicable. Lap adjoining pieces at
least one full mesh, and lace splices with wire. Offset laps of adjoining widths to prevent
continuous laps in either direction.
E. Zinc-Coated Reinforcement: Use galvanized steel wire ties to fasten zinc-coated reinforcement.
Repair cut and damaged zinc coatings with zinc repair mate~al.
F. Install fabricated bar mats in lengths as long as practicable. Handle units to keep them flat and
free of distortions. Straighten bends, kinks, and other irregularities, or replace units as required
before placement. Set mats for a minimum 2-inch overlap of adjacent mats.
3.5 JOINTS
A. General: Form construction, isolation, and contraction joints and tool edgings true to line with
faces perpendicular. to surface plane of concrete. Construct transverse joints at right angles to
centerline, unless otherwise indicated.
1. When joining existing pavement, place transverse joints to align with previously placed
joints, unless otherwise indicated.
B. Construction Joints: Set construction joints at side and end terminations of pavement and at
locations where pavement operations are stopped for more than one-half hour unless pavement
terminates at isolation joints.
1. Continue steel reinforcement across construction joints, unless otherwise indicated. Do
not continue reinforcement through sides of pavement strips, unless otherwise indicated.
2. Provide tie bars at sides of pavement strips where indicated.
3. Keyed Joints: Provide bulkhead forms with keys, unless otherwise indicated. Embed
keys at least 1-1/2 inches into concrete.
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4. Doweled Joints: Install dowel bars and support assemblies at joints where indicated.
Lubricate or asphalt-coat one-half of dowel length to prevent concrete bonding to one
side of joint.
C. Isolation Joints: Form isolation joints of preformed joint-filler strips abutting concrete curbs,
catch basins, manholes, inlets, structures, walks, other fIxed objects, and where indicated.
1. Locate expansion joints at intervals of 50 feet, unless otherwise indicated.
2. Extend joint fillers full width and depth of joint.
3. Terminate joint filler not less than 112 inch or more than 1 inch below fInished surface if
jomt sealant is indicated.
4. Place top of joint filler flush with finished concrete surface if joint sealant is not
indicated.
5. Furnish joint fillers in one-piece lengths. Where more than one length is required, lace or
clip joint-filler sections together.
6. Protect top edge of joint filler during concrete placement with metal, plastic, or other
temporary preformed cap. Remove protective cap after concrete has been placed on both
sides of joint.
D. Contraction Joints: Form weakened-plane contraction joints, sectioning concrete into areas as
indicated. Construct contraction joints for a depth equal to at least one-fourth of the concrete
thickness, as follows:
1. Grooved Joints: Form contraction joints after initial floating by grooving and finishing
each edge of joint with grooving tool to a 1/4-inch radius. Repeat grooving of
contraction joints after applying surface finishes. Eliminate groover marks on concrete
surfaces.
2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof
abrasive or diamond-rimmed blades. Cut 1/8-inch- wide joints into concrete when
cutting action will not tear, abrade, or other.yvise damage surface and before developing
random contraction cracks.
3. Doweled Contraction Joints: Install dowel bars and sUPP9rt assemblies at joints where
indicated. Lubricate or asphalt coat one-half of dowel length to prevent concrete bonding
to one side of joint.
E. Edging: Tool edges of pavement, gutters, curbs, and joints in concrete after initial floating with
an edging tool to a 1/4-inch radius. Repeat tooling of edges after applying surface finishes.
Eliminate tool marks on concrete surfaces.
3.6 CONCRETE PLACEMENT
A. Inspection: Before placing concrete, inspect and complete formwork installation, steel
reinforcement, and items to be embedded or cast in. Notify other trades to permit installation of
their work.
B. Remove ice, or frost from subbase surface and reinforcement before placing concrete. Do not
place concrete on frozen surfaces.
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C. Moisten subbase to provide a uniform dampened condition at time concrete is placed. Do not
place concrete around manholes or other structures until they are at required finish elevation and
alignment.
D. Comply with ACI 301 requirements for measuring, mixing, transporting, and placing concrete.
E. Do not add water to concrete during delivery or at Project site.
F. Do not add water to fresh concrete after testing.
G. Deposit and spread concrete in a continuous operation between transverse joints. Do not push
or drag concrete into place or use vibrators to move concrete into place.
H. Consolidate concrete according to ACI301 by mechanical vibrating equipment supplemented
by hand spading, rodding, or tamping.
1. Consolidate concrete along face of forms and adjacent to transverse jOIllts with an
internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side
forms. Use only square-faced shovels for hand spreading and consolidation. Consolidate
with care to prevent dislocating reinforcement, dowels, and joint devices.
1. Place concrete in two operations; strike off initial pour for entire width of placement and to the
required depth below finish surface. Lay welded wire fabric or fabricated bar mats immediately
in final position. Place top layer of concrete, strike off, and screed.
1. Remove and replace concrete that has been placed for more than ,15 minutes without
being covered by top layer, or use bonding agent if approved by Engineer.
J. Screed pavement surfaces with a straightedge and strike off.
K. Commence initial floating using bull floats or darbies to impart an open textured and uniform
surface plane before excess moisture or bleed water appears on the surface. Do not further
disturb concrete surfaces before beginning finishing operations or spreading surface treatments.
L. Curbs and Gutters: When automatic machine placement is used for curb and gutter placement,
submit revised mix design and laboratory test results that meet or exceed requirements.
Produce curbs and gutters to required cross section, lines, grades, finish, and jointing as
specified for formed concrete. If results are not approved, remove and replace with formed
concrete.
M. Slip-Form Pavers: When automatic machine placement is used for pavement, submit revised
mix design and laboratory test results that meet or exceed requirements. Produce pavement to
required thickness, lines, grades, finish, and jointing as required for formed pavement.
1. Compact subbase and prepare sub grade of sufficient width to prevent displacement of
paver machine during operations.
N. When adjoining pavement lanes are placed in separate pours, do not operate equipment on
concrete until pavement has attained 85 percent of its 28-day compressive strength.
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O. Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from
physical damage or reduced strength that could be caused by frost, freezing actions, or low
temperatures. .
1. When air temperature has fallen to or is expected to fall below 40 deg F, uniformly heat
water and aggregates before mixing to obtain a concrete mixture temperature of not less
than 50 deg F and not more than 80 deg F at point of placement.
2. Do not use frozen materials or materials containing ice or snow.
3. Do not use' calcium chloride, salt, or other materials containing antifreeze agents or
chemical accelerators unless otherwise specified and approved in mix designs.
P. Hot-Weather Placement: Comply with ACI301 and as follows when hot-weather conditions
exist:
1. Cool ingredients before mixing to maintain concrete temperature below 90 deg F at time
of placement. Chilled mixing water or chopped ice may be used to control temperature,
provided water equivalent of ice is calculated to total amount of mixing water. Using
liquid nitrogen to cool concrete is Contractor's option.
2. Cover steel reinforcement with water-soaked burlap so steel temperature will not exceed
ambient air temperature immediately before embedding in concrete.
3. Fog-spray forms, steel reinforcement, and sub grade just before placing concrete. Keep
subgrade moisture uniform without standing water, soft spots, or dry areas.
3.7
FLOAT FINISHING
A.
General: Do not add water to concrete surfaces during finishing operations.
B.
Float Finish: Begin the second floating operation when bleed-water sheen has disappeared and
concrete surface has stiffened sufficiently to permit operations. Float surface with power-driven
floats, or by hand floating if area is small or inaccessible to power units. Finish surfaces to true
planes. Cut down high spots and fill low spots. Refloat surface immediately to uniform
granular texture.
1. Medium-to-Fine-Textured Broom Finish: Draw a soft bristle broom across float-finished
concrete surface perpendicular to line of traffic to provide a uniform, fIlle-line texture.
3.8
SPECIAL FINISHES
A. Monolithic Exposed-Aggregate Finish: Expose coarse aggregate III pavement surfaces as
follows:
1. Immediately after float finishing, spray-apply chemical surface retarder to pavement
according to manufacturer's written instructions.
2. Cover pavement sUrface with plastic sheeting, sealing laps with tape, and remove when
ready to continue finishing operations.
3. Without dislodging aggregate, remove excess mortar by lightly brushing surface with a
stiff, nylon-bristle broom. ;
4. Fine-spray surface with water and brush. Repeat water flushing and brushing cycle until
cement film is removed from aggregate surfaces to depth required.
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3.9 CONCRETE PROTECTION AND CURING
A. General: Protect freshly placed concrete from premature drying and excessive cold or hot
temperatures.
B. Comply with ACI 306.1 for cold-weather protection.
C. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy
conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during fIllishing
operations. Apply according to manufacturer's written instructions after placing, screeding, and
bull floating or darbying concrete, but before float fIllishing.
D. Begin curing after finishing concrete but not before free water has disappeared from concrete
surface.
E. Curing Methods: Cure concrete by moisture curing, moisture-retaining-cover curing, curing
compound, or a combination of these as follows:
-,
1. ' Moist Curing: Keep surfaces continuously moist for not less than seven days with the
following materials:
a. Water.
b. Continuous water-fog spray.
c. Absorptive cover, water saturated and kept continuously wet. Cover concrete
surfaces and edges with 12-inch lap over adjacent absorptive covers.
2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining
cover for curing concrete, placed in widest practicable width, with sides and ends lapped
at ieast 12 inches, and sealed by waterproof tape or adhesive. Immediately repair any
holes or tears during curing period using cover material and waterproof tape.
3. Curing CompoUnd: Apply uniformly in continuous operation by power spray or roller
according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall
within three hours after initial application. Maintain continuity of coating and repair
damage during curing period.
3.10
PAVEMENT TOLERANCES
A.
Comply with tolerances of ACI 117 and as follows:
1. Elevation: 1/4 inch.
2. Thickness: Plus 3/8 inch, minus 1/4 inch.
3. Surface: Gap below 10-foot-Iong, unleveled straightedge not to exceed 1/4 inch.
4. Lateral Alignment and Spacing of Tie Bars and Dowels: 1 inch.
5. Vertical Alignment of Tie Bars and Dowels: 1/4 inch.
6. Alignment of Tie-Bar End Relative to Line Perpendicular to Pavement Edge: ,1/2 inch.
7. Alignment of Dowel-Bar End Relative to Line Perpendicular to Pavement Edge: Length
of dowel 1/4 inch per 12 inches.
8. Joint Spacing: 3 inches.
9. Contraction Joint Depth: Plus 1/4 inch, no minus.
10. Joint Width: Plus 1/8 inch, no minus.
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3.11
A. Securely attach wheel . to pavemen galvanized steel dowels
embedded in holes drilled or cast III stops at one-quarter to one-third points. Firmly
bond each dowel to wheel st d to pavement. install dowels into pavement and
bond to wheel sto . ss head of dowel beneath top of whee s
3.12 FIELD QUALITY CONTROL
A. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to
perform field tests and inspections and prepare test reports.
B. Testing Services: Testing of composite samples of fresh concrete obtained according to
ASTM C 172 shall be performed according to the folloWing requirements:
1. Testing Frequency: Obtain at least 1 composite sample for each 100 cu. yd. or fraction
thereof of each concrete mix placed each day.
a. When frequency of testing will provide fewer than five compressive-strength tests
for each concrete mixture, testing shall be conducted from at least five randomly
selected batches or from each batch if fewer than five are used.
2. Slump: ASTM C 143/C 143M; one test at point of placement for each composite sample,
but not less than one test for each day's pour of each concrete mix. Perform additional
tests when concrete consistency appears to change.
3. Air Content: ASTM C 231, pressure method; one test for each composite sample, but not
less than one test for each day's pour of each concrete mix.
4. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F
and below and when 80 deg F and above, and one test for each composite sample.
5. Compression Test Specimens: ASTM C 31/C 31M; cast and laboratory cure one set of
three standard cylinder specimens for each composite sample.
6. Compressive-Strength Tests: ASTM C 39/C 39M; test 1 specimen at 7 days and 2
specimens at 28 days.
a. A compressive-strength test shall be the average compressive strength from 2
specimens obtained from same composite sample and tested at 28 days.
C. Strength of each concrete mix will be satisfactory if average of any 3 consecutive compressive-
strength tests equals or exceeds specified compressive strength and no compressive-strength test
value falls below specified compressive strength by more than 500 psi.
D. Test results shall be reported in writing to Engineer, concrete manufacturer, and Contractor
within 48 hours of testing. Reports of compressive-strength tests shall contain Project
identification name and nuInber, date of concrete placement, name of concrete testmg and
inspecting agency, location of concrete batch in Work, design compressive strength at 28 days,
concrete mixture proportions and materials, compressive breaking strength, and type of break
for both 7- and 28-day tests.
R Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be
permitted by Engineer but will not be used as sole basis for approval or rejection of concrete.
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F. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when
test results indicate that slump, air entrainment, compressive strengths, or other requirements
have not been met, as directed by Engineer.
G. Remove and replace concrete pavement where test results indicate that it does not comply with
specified requirements.
H. Additional testing and inspecting, at Contractor's expense, will be performed to determine
compliance of replaced or additional work with specified requirements.
3.13 REPAIRS AND PROTECTION
A. Remove and replace concrete pavement that is broken, damaged, or defective or that does not
comply with requirements in this Section.
B. Drill test cores, where directed by Engineer, when necessary to determine magnitude of cracks
or defective areas. Fill drilled core .holes in satisfactory pavement areas with portland cement
concrete bonded to pavement with epoxy adhesive.
C. Protect concrete from damage. Exclude traffic from pavement for at least 14 days after
placement. When construction traffic is permitted, maintain pavement as clean as possible by
removing surface stains and spillage of materials as they occur.
D. Maintain concrete pavement free of stains, discoloration, dirt, and other foreign material.
Sweep concrete pavement not more than two days before date scheduled for Substantial
Completion inspections.
END OF SECTION 321313
CONCRETE PAVING JOINT SEALANTS
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SECTION 321373 - CONCRETE PAVING JOINT SEALANTS
PART 1- GENERAL
1.1
RELATED DOCUMENTS
A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
A.
This Section includes the following:
1. Expansion and contraction joints' within cement concrete pavement.
2. Joints between cement concrete and asphalt pavement.
B. Related Sections include the following:
1. Division 32 Section "Asphalt Paving" for constructing joints between concrete and
asphalt pavement. .
2. Division 32 Section "Concrete Paving" for constructing joints in concrete pavement.
1.3 SUBMITTALS
A. Product Data: For eachjoint-sealaht product indicated.
B. Samples for Verification: For each type and color of joint sealant required. Installjoint-sealant
samples in I12-inch- wide joints formed between two 6-inch- long strips of material matching
the appearance of exposed surfaces adjacent to joint sealan~s.
C. Product Certificates: For each type of joint sealant and accessory, signed by product
manufacturer.
1.4 QUALITY ASSURANCE
A. Source Limitations: Obtain each type of joint sealant through one source from a single
manufacturer.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials to Project site in original unopened containers or bundles with labels
indicating manufacturer, product name and designation, color, expiration date; pot life, curing
time, and mixing instructions for multi component materials.
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B. Store and handle materials to comply with manufacturer's written instructions to prevent their
deterioration or damage due to moisture, high or low temperatures, contaminants, or other
causes.
1.6 PROJECT CONDITIONS
A. Do not proceed with installation of joint sealants under the following conditions:
1. When ambient and substrate temperature conditions are outside limits permitted by joint-
sealant manufacturer.
PART 2 - PRODUCTS
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, products listed in other Part 2
articles.
B. Products: Subject to compliance with requirements, provide one of the products listed in other
Part 2 articles.
2.2 MATERIALS, GENERAL
A. Compatibility: Provide j oint sealants, backing materials, and other related materials that are
compatible with one another and with joint substrates under conditions of service and
application, as demonstrated by joint-sealant manufacturer based on testing and field
expenence.
B. Colors of Exposed Joint Sealants: As selected by Engineer from manufacturer's full range.
2.3 COLD-APPLIED JOINT SEALANTS
A. Multicomponent Jet-Fuel-Resistant Sealant for Concrete: Pourable, chemically curing
elastomeric formulation complying with the following requirements for formulation and with
ASTM C 920 for type, grade, class, and uses indicated:
1. Urethane Formulation: Type M; Grade P; Class 12-1/2; Uses T, M, and, as applicable to
joint substrates indicated, O.
a. Available Products:
1) Pecora Corporation; Urexpan NR-300.
2. Coal-Tar-Modified Polymer FOrInulation: Type M; Grade P; Class 25; Uses T and, as
applicable to joint substrates indicated, O.
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a. Available Products:
1) Meadows, W. R., Inc.; Sealtight Gardox.
2.4 JOINT-SEALANT BACKER MATERIALS
A. General: Provide joint-sealant backer materials that are nonstaining; are compatible with joint
substrates, sealants, primers, and other joint fillers; and are approved for applications indicated
by joint-sealant manufacturer based on field experience and laboratory testing.
B. Round Backer Rods for Cold- and Hot-Applied Sealants: ASTM D 5249, Type 1, of diameter
and density required to control sealant depth and prevent bottom-side adhesion of sealant.
2.5 PRIMERS
A. Primers: Product recommended by joint-sealant manufacturer where required for adhesion of
sealant to joint substrates indicated, as determined from preconstruction joint-sealant-substrate
tests and field tests.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine joints indicated to receive joint sealants, with Installer present, for compliance with
requirements for joint configuration, installation tolerances, and other conditions affecting joint-
sealant performance.
1. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 PREPARATION
A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to
comply with joint-sealant manufacturer's written instructions.
B. Joint Priming: Prime joint substrates where indicated or where recommended in writing by
joint-sealant manufacturer, based on preconstruction joint-sealant-substrate tests or prior
experience. Apply primer to comply with joint-sealant manufacturer's written instructions.
Confine primers to areas of joint-sealant bond; do not allow spillage or migration onto adjoining
surfaces.
3.3 INSTALLATION OF JOINT SEALANTS
A. General: Comply with joint-sealant manufacturer's written installation instructions for products
and applications indicated, unless more stringent requirements apply.
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B. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint
sealants as applicable to materials, applications, and conditions indicated.
C. Install backer materials of type indicated to support sealants during application and at position
required to produce cross-sectional shapes and depths of installed sealants relative to joint
widths that allow optimum sealant movement capability.
1. Do not leave gaps between ends of backer materials.
2. Do not stretch, twist, puncture, or tear backer materials.
3. Remove absorbent backer materials that have become wet before sealant application and
replace them with dry materials.
D. Install sealants using proven techniques that comply with the following and at the same time
backings are installed:
1. Place sealants so they directly contact and fully wet joint substrates.
2. Completely fill recesses provided for each joint configuration.
3. Produce uniform, cross-sectional shapes and depths relative to joint widths that allow
optimum sealant movement capability.
E. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or
curing begins, tool sealants according to requirements specified below to form smooth, uniform
beads of-configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of
sealant with sides of joint.
1. Remove excess sealants from surfaces adjacent to joint.
2. Use tooling agents that are approved in writing by joint-sealant manufacturer and that do
not discolor sealants or adjacent surfaces.
F. Provide joint configuration to comply with joint-sealant manufacturer's written instructions,
unless' otherwise indicated.
G. Provide recessed joint configuration for silicone sealants of recess depth and at locations
indicated.
3.4 CLEANING
A. Clean off excess sealants or sealant smears adjacent to joints as the Work progresses by
methods and with cleaning materials approved by manufacturers of joint sealants and of
products in which joints occur.
3.5 PROTECTION
A. Protect joint sealants during and after curing period from contact with contaminating substances
and from damage resulting from construction operations or other causes so sealants are without
deterioration or damage at time of Substantial Completion. If, despite such protection, damage
or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately
and replace with j oint sealant so installations with repaired areas are indistinguishable from the
original work.
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END OF SECTION 321373
CHAIN LINK FENCES AND GATES
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SECTION 323113 - CHAIN LINK FENCES AND GATES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Chain-Link Fences: Polymer coated over metallic coated Residential fencing.
2. Gates: swing.
B. Related Sections include the following:
1. Division 03 Section "Cast-in-Place Concrete" for concrete.
2. Division 26 Sections for electrical service and connections for motor operators, controls,
limit and disconnect switches, and safety features and for system disconnect switches.
3. Division 31 Section "Earth Moving" for site excavation, fill, and backfill where chain-
link fences and gates are located.
1.3 ~ERFORMANCE REQUIREMENTS
A. Structural Performance: Provide chain-link fences and gates capable of withstanding the effects
of gravity loads and the following loads and stresses within limits and under conditions
indicated:
1. Minimum Post Size and Maximum Spacing for Wind Velocity Pressure: Determine
based on mesh size and pattern specified, and on the following minimum design wind
pressures and according to CLFMI WLG 2445:
a. Wind Speed: 80 MPH.
b. Fence Height: 5 feet.
c. Line Post Group: IA, ASTM F 1043, Schedule 40 steel pipe.
d. Wind Exposure Category: B.
2. Determine minimum post size, group, and section according to ASTM F 1043 for
framework up to 12 feet high, and post spacing not to exceed 10 feet.
B. Lightning Protection System: Maximum grounding-resistance value of 25 ohins under nOrrl1al
dry conditions.
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1.4 SUBMITTALS
A. Product Data: Include construction details, material descriptions, dimensions of individual
components and profiles, and finishes for chain-link fences and gates.
1. Fence and gate posts, rails, and fittings.
2. Chain-link fabric, reinforcements, and attachments.
3. Gates and' hardware.
1.5 QUALITY ASSURANCE
A. Installer Qualifications: An experie:p.ced installer who has completed chain-link fences and
gates similar in material, design, and extent to those indicated for this Project and whose work
has resulted in construction with a record of successful in-service performance.
1. Engineering Responsibility: Preparation of data for chain-link fences and gates,
including Shop Drawings, based on testing and engineering analysis of manufacturer's
standard units in assemblies similar to those indicated for this Project.
1.6 PROJECT CONDITIONS
A. Field Measurements: Verify layout information for chain-link fences and gates shown on
Drawings in relation to property survey and existing structures. Verify dimensions by field
measurements.
B. Interruption of Existing Utility Service: Do not interrupt utility serVices to facilities occupied
by Owner or others wIess permitted under the following conditions and then only after
arranging to provide temporary utility services according to requirements indicated:
1. Notify Engineer no fewer than two days iri advance of proposed interruptipn of utility
servIces.
2. Do not proceed with interruption of utility services without Engineer's written
perrmSSIOn.
PART 2 -PRODUCTS
2.1 CHAIN-LINK FENCE FABRIC
A. Gen~ral: . Provide fabric in one-piece heights measured between top and bottom of outer edge
of selvage knuckle or twist. Comply with ASTM A 392, CLFMI CLF 2445, and requirements
indicated below:
1. Steel Wire Fabric: Polymer-coated wire with a diameter of 0.148 inch.
a. Mesh'Size: 2 inches.
b. Weight of Aluminum Coating: ASTM A 491, Type 1,0.4 oz./sq. ft..
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c. Coat selvage ends of fabric that is metallic coated before the weaving process with
manufacturer's standard clear protective coating.
2. Selvage: Knuckled top and knuckled bottom.
2.2 RESIDENTIAL FENCE AND GATE FRAMING
A. Posts and Rails: Round cold-formed, electric-resistanoe-welded, steel pipe or tubing, with
minimum yield strength of 45,000 psi (310 MPa) and with outside dimension, minimum wall
thickness, and weight complying with ASTM F 761 or ASTM F 654 for the following fence
height and strength and stiffuess requirements:
1. Fence Height: 5 feet.
2. Duty Rating: Heavy Duty
3. Tube or Pipe Diameter and Thickness: [According to ASTM F 761.]
4. Tube Size and Thickness: [According to ASTM F 654.]
a. Top Rail: [1.66 inches (42 mm)]
b. Line Post: [1.90 inches (48 mm)] <
c. Terminal Post: [2.375 inches (60 min
d. Gate Post: [2.375 inches (60'mm)]
e. Tube or Pipe Thickness: [0.065 inch (1.7 mm)]
5. Gate: Comply with ASTM F 654 and the following:
a. Type: I, single swing
b. According to ASTM F 654, residential gates are limited in size to no more than 6
feet (1.83 m) high or wide.
c. Fabric Height: [2 inches (50 mm) less than adjacent fence height]
d. Leaf Width: [36 inches (914 mm
6. Hardware: Latches permitting operation from both sides of gate, [hinges] Fabricate
latches with integral eye openings for padlocking; padlock accessible from both sides of
gate.]
a. <Insert requirements for padlocks and chains if not Owner furnished.>
7. Polymer Coating: ASTM F 668, Class lover metallic-coated steel wire. Color to match
existing.
2.3 TENSION WIRE
A. General: Provide horizontal tension wire at the following locations:
1. Location: Extended along bottom of fence fabric.
B. Metallic-Coated Steel Wire: O.I77-inch- diameter, marcelled tension wire complying with
ASTM A 817, ASTM A 824, and the following:
1. Metallic Coating: Type I, aluminum coated (aluminized) by electrolytic process, with the
following minimum coating weight:
a. Class 3: Not less than 2 oz./sq. ft. of uncoated wire surface.
b. Polymer coating over metallic coating.
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2.4
FITTINGS
A.
General: Comply with ASTM F 626.
B.
Post and Line Caps: Provide for each post.
1. Line post caps with loop to receive tension wire or top rail.
C. Rail and Brace Ends: Attach rails securely to each gate, corner, pull, and end post.
D. Rail Fittings: Provide the following:
1. Top Rail Sleeves: Pressed-steel or round-steel tubing not less than 6 inches long.
2. Rail Clamps: Line and corner boulevard clamps for connecting rails in the fence line-to-
line posts.
E. Tension and Brace Bands: Pressed steel.
F. Tension Bars: Steel, length not less than 2 inches shorter than full height of chain-link fabric.
Provide one bar for each gate and end post, and two for each corner and pull post, unless fabric
is integrally woven into post.
G. Truss Rod Assemblies: Steel, hot-dip galvanized after threading rod and turnbuckle or other
means of adjustment.
H. Tie Wires, Clips, and Fasteners: According to ASTM F 626.
1. Standard Round Wire Ties: For attaching chain-link fabric to posts, rails, and frames,
complying with the following:
a. Aluminum: ASTM B 211; Alloy 1350-HI9; 0.148-inch- diameter, mill-finished
WIre.
1. Finish:
1. Polymer coating over metallic coating.
2.5 CAST-IN-PLACE CONCRETE
A. Materials: Portland cement complying with ASTM C 150, Type I aggregates complying with
ASTM C 33, and potable water for ready-mixed concrete .complying with
ASTM C 94/C 94M. Measure, batch, and mix Project-site-mixed concrete according to
ASTM C 94/C 94M.
1. Concrete Mixes: Normal-weight concrete with not less than 3000-psi compressIve
strength (28 days), 3-inch slump, and I-inch maximum size aggregate.
B. Materials: Dry-packaged concrete mix complying with ASTM C 387 for normal-weight
concrete mixed with potable water according to manufacturer's written instructions.
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2.6 GROUT AND ANCHORING CEMENT
A. Nonshrink, Nonmetallic Grout: Premixed, factory-packaged, nonstaining, noncorrosive,
nongaseous grout complying with ASTM C 1107. Provide grout, recommended in writing by
manufacturer, for exterior applications.
B. Erosion-Resistant Anchoring Cement: Factory-packaged, nonshrink, nonstaining, hydraulic-
controlled expansion cement formulation for mixing with potable water at Project site to create
pourable anchoring, patching, and grouting compound. . Provide formulation that is resistant to
erosion from water exposure without needing protection by a sealer or waterproof coating and
that is recommended in writing by manufacturer, for exterior applications.
2.7 FENCE GROUNDING
A. Conductors: Bare, solid Wire for No.6 A WG and smaller; stranded wire for No.4 A WG and
larger.
1. Material above Finished Grade: . Copper.
2. Material on or below Finished Grade: Copper.
3. Bonding Jumpers: Braided copper tape, 1 inch wide, woven of No. 30 A WG bare copper
wire, terminated with copper ferrules.
B. Connectors and Grounding Rods: Comply with UL 467.
1. Connectors for Below-Grade Use: Exothermic welded type.
2. Grounding Rods: Copper-clad steel.
a. Size: 5/8 by 96 inches.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Exa~e areas and conditions, with Installer present, for compliance with requirements for site
clearing, earthwork, pavement work, and other conditions affecting performance.
1. Do not begin installation before final grading is completed, unless otherwise_permitted by
Engineer.
2. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 PREPARATION
A. Stake locations of fence lines, gates, and terminal posts. Do not exceed intervals of 500 feet or
line of sight between stakes. Indicate locations of utilities, lawn sprinkler system, underground
structures, benchmarks, and property monuments.
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3.3
INSTALLATION, GENERAL
A.
Install chain-link fencing to comply with ASTM F 567 and more stringent requirements
specified.
1. Install fencing on established boundary lines inside property line.
3.4
CHAIN-LINK FENCE INSTALLATION
A.
Post Excavation: Dril; or hand-excavate holes for posts to diameters and spacings indicated, in
fIrm, undisturbed soil.
B.
Post Setting: Set posts in concrete at indicated spacing into fIrm, undisturbed soil.
1. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in
position during setting with concrete or mechanical devices.
2. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp
for consolidation. Protect aboveground portion of posts from concrete splatter.
a. Exposed Concrete: Extend 2 inches above grade; shape and smooth to shed water.
C. Terminal Posts: Locate terminal end, corner, and gate posts per ASTM F 567 and terminal pull
posts at changes in horizontal or vertical alignment of 15 degrees or more.
D. Line Posts: Space line posts uniformly at 8 feet 10 feet Insert dimension o.c.
E. Post Bracing and Intermediate Rails: Install according to ASTM F 567, maintaining plumb
position and alignment of fencing. Install 'braces at end and gate posts and at both sides of
corner and pull posts.
1. L.ocate horizontal braces at midheight of fabric 5 feet or higher, on fences with top rail
and at 2/3 fabric height on fences without top rail. Install so posts are plumb when
diagonal rod is under proper tension.
F. Tension Wire: Install according to ASTM F 567, maintaining plumb position and alignment of
fencing. Pull wire taut, without sags. Fasten fabric to tension wire with 0.120-inch- diameter
hog rings of same material and finish as fabric wire, spaced a maximum of 24 inches o.c.
Install tension wire in locations indicated before stretching fabric.
1. Top Tension Wire: Install tension wire through post cap loops.
2. Bottom Tension Wire: Install tension wire within 6 inches of bottom of fabric and tie to
each post with not less than same diameter and type of wire.
G. Top Rail: Install according to ASTM F 567, maintaining plumb position and alignment of
fencing. Run rail continuously through line post caps, bending to radius for curved runs and
terminating into rail end attached to posts or post caps fabricated to receive rail at terminal
posts. Provide expansion couplings as recommended in writing by fencing manufacturer.
H. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 1 inch between
finish grade or surface and bottom selvage, unless otherwise indicated. Pull fabric taut and tie
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to posts, rails, and tension wires. Anchor to framework so fabric remains under tension after
pulling force is released.
1. Tension or Stretcher Bars: Thread through fabric and secure to end, corner, pull, and gate posts
with tension bands spaced not more than 15 inches o.c.
J. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire
at 1 end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other
end to chain-link fabric per ASTM F 626. Bend ends of wire to minimize hazard to individuals
and clothing.
1. Maximum Spacing: Tie fabric to line posts at 12 inches o.c. and to braces at 24 inches
o.c.
K. Fasteners: . Install nuts for tension bands and carriage bolts on the side of the fence opposite the
fabric side. Peen ends of bolts or score threads to prevent removal of nuts.
3.5 GATE INSTALLATION
A. Install gates according to manufacturer's written instructions, level; plumb, and secure for ,full
opening without interference. Attach fabric as for fencing. Attach hardware using tamper-
resistant or concealed means. Install ground-set items in concrete for anchorage. Adjust
hardware for smooth operation and lubricate where necessary.
3.6 GROUNDING AND BONDING
A. Fence Grounding: Install at maximum intervals of750 feet except as follows:
1. Fences within 100 Feet of Buildings, Structures, Walkways, and Roadways: Ground at
maximum intervals of750 feet.
a. Gates arid Other Fence Openings: Ground fence on each side of opening.
1) Bond metal gates to gate posts.
2) Bond across openings, with and without gates, except openings indicated as
intentional fence discontinuities. Use No.2 A WG wire and bury it at least
18 inches below finished grade. ,
B. Protection at Crossings of Overhead Electrical Power Lines: Ground fence at location of
crossing and at a maximum distance of 150 feet on eacp. side of crossing.
C. Fences Enclosing Electrical Power Distribution Equipment: Ground as required by IEEE C2,
unless otherwise indicated.
D. Grounding Method: At each grounding location, drive a grounding rod vertically until the top is
6 inches below finished grade. Connect rod to fence with No.6 A WG conductor. Connect
conductor to each fence component at the grounding location, including the following:
E. Bonding Method for Gates: Connect bonding jumper between gate post and gate frame.
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F. Connections: Make connections so possibility of galvanic action or electrolysis is minimized.
Select connectors, connection hardware, conductors, and connection methods so metals in direct
contact will be galvanically compatible.
1. Use electroplated or hot-tin-coated materials to ensure high conductivity and to make
contact points closer in order of galvanic series.
2. Make connections with clean, bare metal at points of contact.
3. Make aluminum-to-steel connections with stainless-steel separators and mechanical
clamps.
4. Make aluminum-to-galvanized-steel connections with tin-plated copper jumpers and
mechanical clamps.
5. Coat and seal connections having dissimilar metals with inert material to prevent future
penetration of moisture to contact surfaces.
G. Bonding to Lightning Protection System: If fence terminates at lightning-protected building or
structure, ground the fence and bond the fence grounding conductor to lightning protection
down conductor or lightning protection grounding conductor complying with NFP A 780.
3.7 FIELD QUALITY CONTROL
A. Grounding-Resistance Testing: Owner will engage a qualified independent testing and
inspecting agency to perform field quality control testing.
1. Grounding-Resistance Tests: Subject completed grounding system to a megger test at
each grounding location. Measure grounding resistance not less than two full days after
last trace of precipitation, without soil having been moistened by any means other than
natural drainage or seepage and without chemical treatment or other artificial means of
reducing natural grounding resistance. Perform tests by two-point method according to
IEEE 81.
2. Excessive Grounding Resistance: If resistance to grounding exceeds specified value,
notify Engineer promptly. Include recommendations for reducing grounding resistan'ce
and a proposal to accomplish recommended work.
3; Report: . Prepare test reports certified by a testing agency of grounding resistance at each
test location. Include observations of weather and other phenomena that may affect test
results.
3.8 ADJUSTING
A. Gate: Adjust gate to operate smoothly, easily, and quietly, free of binding, warp, excessive
deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout
entire operational range. Confirm that latches and locks engage accurately and securely without
forcing or binding.
END OF SECTION 323113