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HomeMy WebLinkAboutLOMBARD POND RECREATION TRAIL 3oG .%iva G E'' 0 R GI A LOMBARD POND 1 RECREATION TRAIL CONTRACT DOCUMENTS George rnn. Executive Director Planning sZoning Commission Bond # GSB24597 PERFORMANCE BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR OWNER (Name and Address): Contract Management(Name , Inc. and Address): Augusta Richmond County Commission 1827 Killingsworth Rd. Augusta, GA. 30904 523 Telfair Street Augusta, GA. 30901 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): The Gray Casualty & Surety Company Date: 2750 Lake Villa Dr. Ste. 300 Metairie, LA. Amount: $89,940.21 Description (Name and Location): Lombard Mill Pond Trail Project #220016312 BOND Date (Not earlier than Construction Contract Date): Amount: $89,940.21 Modifications to this Bond: ® None ❑See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Contract Manag nt, Inc. The Gray Casualty & Surety Company Signature: Signature: Name and Tit • James Williams, President Name and Title: Thomas J. Bole, Attorney -in Fact (Any additional signatures appear on page 2.) (FOR INFORMATION Only Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): 1 The Contractor and the Surety, jointly and severally, bind them- 3.3 The Owner has agreed to pay the Balance of the Contract Price selves, their heirs, executors, administrators, successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract, which Contract or to a contractor selected to perform the Construction is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract, the Surety and Owner. the Contractor shall have no obligation under this Bond, except to par- 4 When the Owner has satisfied the conditions of Paragraph 3, the ticipate in conferences as provided in Subparagraph 3.1. Surety shall promptly and at the Surety's expense take one of the 3 If there is no Owner Default/ the Surety's obligation under this Bond following actions: shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its 4.1 Arrange for the Contractor with consent of the Owner, to address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract; or sidering declaring a Contractor Default and has requested and 4.2 Undertake to perform and complete the Construction Contract attempted to arrange a conference with the Contractor and the itself, through its agents or through independent contractors; or Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner, the Contractor and the Surety agree, the Contractor acceptable to the Owner for a contract for performance and com- shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract, arrange for a contract to be tract, but such an agreement shall not waive the Owner's right, if prepared for execution by the Owner and the contractor selected any, subsequently to declare a Contractor Default; and with the Owner's concurrence, to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3.1; and resulting from the Contractor's default; or ORSC 22119 (10 -93) Page 1 of 2 4.4 Waive its right to perform and complete, arrange for completion, accrue on this Bond to any person or entity other than the Owner or Or obtain a new contractor and with reasonable promptness under its heirs, executors, administrators or successors. the circumstances: 8 The Surety hereby waives notice of any change, including changes .1 After investigation, determine the amount for which it may of time, to the Construction Contract or to related subcontracts, be liable to the Owner and, as soon as practicable after purchase orders and other obligations. the amount is determined, tender payment therefor to the 9 Any proceeding, legal or equitable, under this Bond may be Owner; or instituted in any court of competent jurisdiction in the location in which .2 Deny liability in whole or in part and notify the Owner citing the work or part of the work is located and shall be instituted within reasons therefor. two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses 5 If the Surety does not proceed as provided in Paragraph 4 with or fails to perform its obligations under this Bond, whichever occurs reasonable promptness, the Surety shall be deemed to be in default first. If the provisions of this Paragraph are void or prohibited by Iaw, on this Bond fifteen days after receipt of an additional written notice the minimum period of limitation available to sureties as a defense from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce in the jurisdiction of the suit shall be applicable. any remedy available to the Owner. If the Surety proceeds as provided 10 Notice to the Surety, the Owner or the Contractor shall be mailed in Subparagraph 4.4, and the Owner refuses the payment tendered or delivered to the address shown on the signature page. or the Surety has denied liability, in whole or in part, without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner. to be performed, any provision in this Bond conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted herefrom and the Construction Contract, and if the Surety elects to act under provisions conforming to such statutory or other legal requirement Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the shall be deemed incorporated herein. The intent is that this Bond shall Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond. under the Construction Contract, and the responsibilities of the Owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price The total amount payable by Construction Contract. To the limit of the amount of this Bond, but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract all proper adjustments have been made, including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract, the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6.1 The responsibilities of the Contractor for correction of defec- which the Contractor is entitled, reduced by all valid and proper tive work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 6.2 Additional legal design professional and delay costs resulting 12.2 Construction Contract: The agreement between the Owner from the Contractor's Default, and resulting from the actions or and the Contractor identified on the signature page, including all failure to act of the Surety under Paragraph 4; and Contract Documents and changes thereto. 6.3 Liquidated damages, or if no liquidated damages are speci- 12.3 Contractor Default: Failure of the Contractor, which has neither fied in the Construction Contract. actual damages caused by been remedied nor waived, to perform or otherwise to comply with delayed performance or non - performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default: Failure of the Owner, which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived, to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations. No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Company: Address: Address: Name and Title: Name and Title: Signature: Signature: ORSC 22119 (10 -93) Page 2 of 2 • Bond # GSB24597 PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Contract M anagement, Inc. The Gray Casualty & Surety Company 1827 Killingsworth Rd. Augusta, GA. 30904 2750 Lake Villa Dr. Ste. 300 Metairie, LA. 70002 OWNER (Name and Address): Augusta Richmond County Commission 523 Telfair Street Augusta, GA. 30901 CONSTRUCTION CONTRACT Date: Amount: $89,940.21 Description (Name and Location): Lombard Mill Pond Trailproject #220016312 BOND Date (Not earlier than Construction Contract Date): Amount: $89,940.21 Modifications to this Bond: ❑ None ® See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Contract Management, Inc. The Gray Casualty & Surety Company Signature: G(/ilit�, / ` Signature: 9f Name and T ' e: James Williams, President Name and Title: Thomas J. Bole, Attorney - in Fact (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY —Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): 1 The Contractor and the Surety, jointly and severally, bind them- 4.1 Claimants who are employed by or have a direct contract with the selves, their heirs, executors, administrators, successors and assigns Contractor have given notice to the Surety (at the address described to the Owner to pay for labor, materials and equipment furnished for in Paragraph 12) and sent a copy, or notice thereof, to the Owner, use in the performance of the Construction Contract, which is incor- stating that a claim is being made under this Bond and, with sub - porated herein by reference. stantial accuracy, the amount of the claim. 2 With respect to the Owner, this obligation shall be null and void if 4.2 Claimants who do not have a direct contract with the Contractor: the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, 2.1 Promptly makes payment, directly or indirectly, for all sums due or notice thereof, to the Owner, within 90 days after having last Claimants, and performed labor or last fumished materials or equipment included 2.2 Defends, indemnifies and holds harmless the Owner from in the claim stating, with substantial accuracy, the amount of the claims, demands, liens or suits by any person or entity whose claim and the name of the party to whom the materials were fur - claim, demand, lien or suit is for the payment for labor, materials nished or supplied or for whom the labor was done or performed; or equipment furnished for use in the performance of the Construc- and tion Contract, provided the Owner has promptly notified the Con- .2 Have either received a rejection in whole or in part from the Con- tractor and the Surety (at the address described in Paragraph 12) tractor, or not received within 30 days of furnishing the above notice of any claims; demands, liens or suits and tendered defense of any communication from the Contractor by which the Contractor such claims, demands, liens or suits to the Contractor and the has indicated the claim will be paid directly or indirectly; and Surety, and provided there is no Owner Default. .3 Not having been paid within the above 30 days, have sent a 3 With respect to Claimants, this obligation shall be null and void if written notice to the Surety (at the address described in Paragraph the Contractor promptly makes payment, directly or indirectly, for all 12) and sent a copy, or notice thereof, to the Owner, stating that sums due. a claim is being made under this Bond and enclosing a copy of 4 The Surety shall have no obligation to Claimants under this Bond until: the previous written notice furnished to the Contractor. ORIC 22114 (7 -93) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- Paragraph are void or prohibited by law, the minimum period of limi- tractor or to the Surety, that is sufficient compliance. tation available to sureties as a defense in the jurisdiction of the suit 6 When the Claimant has satisfied the conditions of Paragraph 4, the shall be applicable. Surety shall promptly and at the Surety's expense take the following 12 Notice to the Surety, the Owner or the Contractor shall be mailed actions: or delivered to the address shown on the signature page. Actual 6.1 Send an answer to the Claimant, with a copy to the Owner, receipt of notice by Surety, the Owner or the Contractor, however within 45 days after receipt of the claim, stating the amounts that accomplished, shall be sufficient compliance as of the date received are undisputed and the basis for challenging any amounts that are at the address shown on the signature page. disputed . 13 When this Bond has been furnished to comply with a statutory or 6.2 Pay or arrange for payment of any undisputed amounts. other legal requirement in the location where the construction was 7 The Surety's total obligation shall not exceed the amount of this to be performed, any provision in this Bond conflicting with said statu- Bond, and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrom and made in good faith by the Surety. provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor under the Construc- shall be deemed incorporated herein. The intent is that this Bond shall tion Contract shall be used for the performance of the Construction be construed as a statutory bond and not as a common law bond. Contract and to satisfy claims, if any, under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential mance Bond. By the Contractor furnishing and the Owner accepting beneficiary of this Bond, the Contractor shall promptly furnish a copy this Bond, they agree that all funds earned by the Contractor in the of this Bond or shall permit a copy to be made. performance of the Construction Contract are dedicated to satisfy obli- 15 DEFINITIONS gations of the Contractor and the Surety under this Bond, subject to 15.1 Claimant: An individual or entity having a direct contract with the Owner's priority to use the funds for the completion of the work. the Contractor or with a subcontractor of the Contractor to furnish 9 The Surety shall not be liable to the Owner, Claimants or others for labor, materials or equipment for use in the performance of the obligations of the Contractor that are unrelated to the Construction Contract. The intent of this Bond shall be to include without limi- Contract. The Owner shall not be liable for payment of any costs or tation in the terms "labor, materials or equipment" that part of expenses of any Claimant under this Bond, and shall have under this water, gas, power, light, heat, oil, gasoline, telephone service or Bond no obligation to make payments to, give notices on behalf of, rental equipment used in the Construction Contract, architectural or otherwise have obligations to Claimants under this Bond. and engineering services required for performance of the work of 10 The Surety hereby waives notice of any change, including changes the Contractor and the Contractor's subcontractors, and all other of time, to the Construction Contract or to related subcontracts, pur- items for which a mechanic's lien may be asserted in the jurisdic- chase orders and other obligations. tion where the labor, materials or equipment were furnished. 11 No suit or action shall be commenced by a Claimant under this 15.2 Construction Contract: The agreement between the Owner Bond other than in a court of competent jurisdiction in the location and the Contractor identified on the signature page, including all in which the work or part of the work is located or after the expiration Contract Documents and changes thereto. of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last 15.3 Owner Default: Failure of the Owner, which has neither been labor or service was performed by anyone or the last materials or remedied nor waived, to pay the Contractor as required by the Con - equipment were furnished by anyone under the Construction Con- struction Contract or to perform and complete or comply with the tract, whichever of (1) or (2) first occurs. If the provisions of this other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 of this bond is deleted in its entirety and replaced with the following provision: Within a reasonable time (1) after the Claimant has satisfied the conditions of Paragraph 4 and (2) after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defense under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) (Corporate Seal) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: Page 2 of 2 1 AUTHENTIC UNLESS IT HAS A TRUE WATERMARK VISIBLE FIBERS, AND A MICROPRINT BORDER • THIS DOCUMENT IS NOT AUTHENTIC UNLESS IT HAS A TRUE WATER O z, sl WI 1- E Z ? THE GRAY INSURANCE COMPANY oD THE GRAY CASUALTY & SURETY COMPANY f o 1 GENERAL POWER OF ATTORNEY 4 3 O H 7 °' KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly ; Y P Y Y Y tY P Y> rP Y F I organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint • Thomas J. Bole and Sharon E. Griffith of Birmingham, Alabama jointly or severally on behalf of each of the Companies named above its true w and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the a o nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no m , bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. z This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of a'• Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26 day of June, °= 2003 U 5 ''; "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is o 1 authorized to execute a power of Attorney p y qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company • i1 bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of vi Attorney, and to attach the seal of the Company; and it is cc , LL FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or J ;. to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall m , be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is N attached. I cc ; IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto 2 affixed, and these presents to be signed by their authorized officers this 12th day of July, 2004. so cc f a a a n BY: / /� /j Attest: y y ��, / . s oft U.1; `r: sue` a 4 CC r ;a SEAL I Michael T. Gray Mark S. Manguno It SE ID j a 0.. •• ' President, The Gray Insurance Company Secretary, a '' • " and The Gray Insurance Company, * • 1- Vice President, The Gray Casualty & Surety Company cn ! The Gray Casualty & Surety Company cn i Z State of Louisiana 7 ss: Parish of Jefferson w On this 12th day of July, 2004, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and • Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty a & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of z the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. cn , 4,0„„;.:14,,,,,,,,, ry 21 a i i{ ao �� ` 7 _ *• w` . j *z Lisa S. Millar, Notary Public, Parish of Orleans o , ,�r iuc fie= State of Louisiana T. i '•• OF co4 My Commission is for Life I, Mark S. Manguno, S ecretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and w forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. I o co IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of , . a j te r. .." U R =N� d c.,/ - d B ` A 6�' ���1 4 o ' c,; SEAL j f :i SEAL 11:.- Mark S. Manguno, Secretary a +'ti + ti .. = The Gray Insurance Company O 1` • •• • °' , • ••''�• The Gray Casualty & Surety Company z; a vi cc LLI m, LL; W co W i : cc a m, cc w I- POA10001 Rev 6 /15/2003 • 521103 7/12/2004 W 7 i CC I FI a CI) I a ; dl SS31Nfl O11N3H1f1V ION SI 1N3Wl000 SIHl • !!3Oli081NIlidOHOIW V 0NV `Stl3SH 3181SIA `NtiVW2i31VM 3f11i1 V SVH 11 SS31Nf1 OIIN3H1flV ION SI 1N31A1f1000 SIH LO M BARD POND RECREATION TRAIL CONTRACT Tables of Contents Section Invitation to Bid Instruction to Bidd iBi - 1133 Supplemental General Conditions Index SGCi -4 Standard General Conditions 1 49 Addendum(s) 1 - 3 Agreement Ai - A3 Contractor's Statements: >. Attachment B • Contractor's Statement of Non - Discrimination • Non - collusion of Prime Bidder /Offeror • Conflict of Interest Statement • Contractor's Affidavit and Agreement Statement ➢ Subcontractor's Affidavits ➢ Non - collusion Affidavit of Subcontractor ➢ Good Faith Efforts - Subcontractor & Supplier Contact Form ➢ LSB Subcontractor /Supplier Utilization Plans ➢ Monthly Subcontractor /Supplier Utilization Report ➢ Contractor's Bonds /Insurance Pages Proposal P - P Standard general conditions 1- 49 Technical Specifications > Civil: • Section 020 55 • Soils - Structural 1 -2 • Section 02060 • Aggregate 1- 2 • Section 02230 • Clearing & Grubbing 1 • Section 02311 • Grading 1- 3 • Section 023 • Trenching 1- 6 • Section oz6io • Pipe Culverts 1- 4 • Section 02721 • Aggregate Course 1- 2 • Section 02750 • Concrete Construction 1- 3 • Section 02924 • Seeding and Soil Supplements 1- 3 Attachment A > Equal Opportunity Clause 1- 2 Attachment B > Design Plans Invitation To Bid Sealed bids will be received at this office until 3:00 p.m., Wednesday, November 10, 2010 for fumishing: Bid Item #10 -192 Lombard Pond Recreation Trail for Planning and Zoning Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706- 821 -2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street — Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non - refundable is $35.00. Documents may also be examined during regular business hours at the F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.auaustablueprint.com) at no charge through Augusta Blueprint (706 722 -6488) beginning Tuesday, October 12, 2010. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre -Bid Conference will be held on Friday, October 22, 2010 @ 10:00 a.m. in the Procurement Department — Room 605. All questions must be submitted in writing to the office of the Procurement Department by fax at 706 -821 -2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Monday, October 25, 2010 by 5:00 p.m. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. Disadvantage Business Enterprise (DBE) Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race -Based portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and /or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal laws. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 12, 14, 19, 21, 2010 Metro Courier October 18, 2010 cc: Tameka Allen Interim Deputy Administrator George Patty Planning and Zoning �i SECTION IB INSTRUCTION TO BIDDERS IB -01 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB -02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matt which can in any way affect the work or the cost thereof under the contract. No oral agreement or.- conversation ers hi with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB -03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Geri A. Sams, Director of Purchasing; Purchasing Department; Room 605; 530 Greene Street; Augusta, GA 30901 to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB -04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. P &Z - Lombard Pond Recreation Trail Contract Telegraphic bids will not be considered. Modifications to bids already submitted will be ed r to me fixed in the Invitation for Bids. Modifications shall be submitted allowif as such submitted , and by ea not aph prior reveal the the total ti amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB -05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB -06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB -07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys -in -fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. /8 -2 P &Z - Lombard Pond Recreation Trail Contract IB -08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB -3 P &Z - Lombard Pond Recreation Trail Contract • • • ' " t SUPPLEMENTAL GENERAL CONDITIONS INDEX SGC -01. Owner's Liability and Property Insurance SGC -02. Contractor's Liability Insurance SGC -03. Special Hazards SGC -04. Testing Laboratory SGC -05. Surveys SGC -06. Progress Payments SGC -07. Drawings SGC -08. Rights -of -Way SGC -09. Estimate of Quantities SGC -10. Existing Structures and Utilities SGC -11. Contractor's Breakdown of Lump Sum Payment Items SGC -12. Prior Use by Owner SGC -13. Cleaning Up SGC -14. Maintenance of Traffic SGC -15. Maintenance of Access SGC -16. Erosion Control and Restoration of Property SGC -17. Safety and Health Regulations sccl P &Z - Lombard Pond Recreation Trail Contract SGC -01. OWNER'S LIABILITY & PROPERTY INSURANCE: Sections 5.05, 5.06, 5.07, 5.08, 5.09, and 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by the Augusta Commission for this project. Current insurance coverages will remain in effect for the life of this Contract. SGC -02. CONTRACTOR'S LIABILITY INSURANCE: Insurance shall be written with limits of liability shown below or as required by law, whichever is greater: • Commercial General Liability (per occurrence) Each Occurrence $ 1,000,000 • General Aggregate $ 2,000,000 • Products $ 2,000,000 • Personal & Adv Injury $ 1,000,000 • Fire Damage $ 500,000 • Automobile Liability (any auto) Combined Single Limit $ 1,000,000 • Excess Liability (Umbrella) Each Occurrence $ 5,000,000 • Workers Compensation Statutory Limits • Employer Liability $ 1,000,000 SGC -03. SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right -of -ways of the Georgia Highway System and the Augusta - Richmond County Road System, and Augusta- Richmond County property. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SGC -04. TESTING LABORATORY: If required, All materials testing and laboratory work, with the exception of the testing related to the NPDES requirements, in connection therewith shall be paid for by the Contractor and approved by the Owner. Owner or Owner's representative may order construction and materials testing at any time deemed proper to control the quality of work. SCC2 P&Z - Lombard Pond Recreation Trail Contract SGC -05. SURVEYS: The Engineer will provide Richmond County's GIS. The Contractor will provide surveying for construction stake -out. SGC -06. PROGRESS PAYMENTS: Section 14.02 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimates for materials and work installed and complete, in place. No payment will be made on the basis of material and equipment delivered and stored on site and not incorporated in the work, complete and in place. Payments will be made to the Contractor by the 15th of the month for work completed the previous month. provisions This agreement is intended by the Parties to, and does, supersede any and all of the Georgia Prompt Pay Act, O.C.G.A. Section 13 -11 -1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Not withstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waive any claim to same. Contractor to submit all pay request information to Augusta Planning & Zoning Department (Owner). SGC -07. DRAWINGS: The Engineer will furnish to the Contractor all copies of drawings reasonably necessary for the execution of the work. Location of all features of the work included in the Contract are indicated on the Contract Drawings. The following drawings comprise the plans for this contract: Sheet No. Title C1.0 Cover Sheet C2.1 — C2.2 Construction Plans C3.1 — C3.4 Construction Details C4.1 — C4.2 Erosion Control Plans C4.3 Erosion Control Notes / Details SGC -08. RIGHTS -OF -WAY: The OWNER will furnish all land and rights -of -way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights -of -way as speedily as possible. But it is possible that all lands and rights -of -way may not be obtained as herein contemplated before construction begins, in which event the contractor shall begin his work upon such land and rights -of -way as the OWNER may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in SCC3 limmibad Rind fleasidimin Trail' Cm= t 8 obtaining the remaining lands and rights -of -way. Should the OWNER be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights -of -way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the OWNER; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the OWNER. SGC -09. ESTIMATE OF QUANTITIES: The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. SGC -10. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the contractor before starting work. The contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. • SGC -11. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The contractor shall, immediately after the contract has been awarded, submit to the Augusta Planning & Zoning Department Director for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. SGC -12. PRIOR USE BY OWNER: Prior to completion of the work, the OWNER (by agreement with the Contractor) may take over the operation and /or use of the incomplete project or portions thereof. Such prior use of the facilities by the OWNER shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC -13. CLEANING UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the OWNER, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc, and leave his work in a clean condition, satisfactory to the Augusta Planning & Zoning Department Director. SCC4 P&Z - Lombard Pond Recreation Tire Contract LOMBARD POND RECREATION TRAIL Item f Item Description Quantity Units Unit Cost I Total Cost 1 FORCE ACCOUNT (Allowance)' 1 LS I I` $5,000.00 $5,000.00 2 I MISCELLANEOUS (INCL. BUT NOT LIMITED TO STAKING, MOBILIZING, AND MISC. SITE WORK) 1 I LS l 3 I CLEARING AND GRUBBING I 1.00 LS I I 4 GRADING I 210.00 I CY I 5 I EROSION CONTROL COMPLETE I 1.00 LS 1 l 6 CONSTRUCT AND REMOVE TEMP SILT FENCE, TP C I 1500.00 LF I 7 CONSTRUCTION EXIT I 1.00 I EA I I 8 AGGREGATE SURFACE COURSE I 240.00 TN I ! 9 RAILROAD TIE I 100.00 LF I 10 I BOLLARD 1 1.00 EA I I 11 I CONCRETE TRAIL 41N 1 370.00 I SY I 1 12 BOARDWALK ABUTMENT DETAIL 4.00 EA (INCLUDES BUT NOT LIMITED TO CONCRETE, R I EBAR,.ANCHOR BOLTS, 2X8 PLATE) I 13 I BOARDWALKS I 99.00 1 LF I (STA:5 +71 TO 6 +25) and (STA:8 +10 TO 8 +55) GRADING 1.00 LS 15 I CLEARING AND GRUBBING I 1.00 I LS I I 16 1 EROSION CONTROL COMPLETE 1 1.00 I LS I I 17 ABUTMENT DETAIL 1.00 I (INCLUDES BUT NOT LIMITED TO CONCRETE, REBAR, ANCHOR BOLTS, 2X8 PLATE) I I EA I 1 18 I OVERLOOK DOCK STRUCTURE AND GANGWAY I 1.00 I LS I TOTAL BID FVV rrv' �� 77: -1 c 5 ..R'i.�as u gi § 'J°b Col .. _ x r ' lm.. /, �'4 'sr n X50 ` ✓ A IVZ4V u 5 � � �, v 1.�5`�.v^ =-� �^r� "• �� �+.1_��17�,. ! /j � � n ,�i�A 19 AGGREGATE SURFACE COURSE 60.00 TN (PARKING AREA) 20 I CONCRETE TRAIL 4 IN J 775.00 1 SY TOTAL LT 1)1 *Bid Item #1 Force Account (Allowance) to be used for drainage activities or general BID tru t o UDE A n activities as directed by County or County Representative P -2 • G E ' O R GI A `,., ffleve O Faxed /Mailed TO: All Bidders Phyllis Mills, Quality Assurance Analyst George Patty Augusta Planning and Zoning Department FROM: Geri Sams ttki.) Procurement Director DATE: October 28, 2010 SUBJ: Responses to Bidder's Questions BID ITEM: 10 -192 Lombard Pond Recreation Trail for Augusta Planning and Zoning Department BID OPENING DATE: Wednesday, November 10, 2010 at 3:00 P.M. ADDENDUM NO. 1 The bid will be awarded to the lowest responsive bidder based on total' bid price not by unit prices. RESPONSES TO BIDDER'S QUESTIONS 1. Question: Where the proposed 10' wide concrete entrance trail passes near the existing foundation structures, there is not enough space to fit the width of the trail. Also, in order to maintain less than a 5% slope in this area it appears the structure corner will need to be removed enough to pass and to allow for fill to bring the slope into compliance. Please clarify what is needed in this area. Answer: Miner fill placement will be acceptable. The trail location is approximate and the exact location will be field verified by owner or owner's representative during is to meet ADA guidelines and may need to be narrowed to fit. 2. Question: Along the main trail, near station 3 +50 there is an old flume that will need to be filled across in order to maintain Tess than a 5% slope. Are we to fill this area? Answer: The crossing will need to be constructed as per the regulatory negotiation committee on accessibility guidelines for outdoor developed areas, final report dated September 30, 1999. Location of storm culverts to be field determined and sized by engineer. A storm culvert may need to be installed at this location and will be paid by the force account. 3. Question: Near station 7 +00, rainwater from the area above runs through the trail area. Are drainpipes required here or shall the path be lowered to allow for the runoff to pass over the trail? Answer: The trail section near station 7 +00 will be field evaluated to determine the best method of conveying surface runoff. Allowing runoff to pass over the trail and/or storm culverts will both be evaluated. If required, the storm culverts will be paid by the force account. 4. Question: Sheet C3.3, miscellaneous note #5 indicates 4" shear plates. The drawings show the steel connection plates, however, shear plates are not shown. Are there any shear plates required, if so, where? Answer: Delete Miscellaneous note #5 on Sheet C3.3. 5. Question: The unit price bid sheet shows 1500 LF of type "C" silt fence. The drawings have a different quantity. Is payment based on the unit cost per amount installed? Room 605 - 530 Green Street, Augusta Georgia 30911 (706) 821 -2422 - Fax(706)821-281I Addendum 1 Bid Item #10 -192 www.augustaga.gov Register at www.demandstar.com /supplier for automatic bid notification Answer: Please revise Bid item #6 CONSTRUCT AND REMOVE TEMP SILT FENCE, TP C from 1500 LF to 2200 LF. Payment is based on unit cost installed. See revised Unit Price Sheet Attached. 6. Question: Drawing C3.1 shows an increased area to be cleared and graded where a trail section meets with an obstacle (tree). For bid purposes, how many such obstacles are planned? Answer: Location(s) utilizing the typical trail section with obstacle will be field determined. Field alignment changes are anticipated to minimize trail section with obstacles. 7. Question: At the dam end of the walkway there is a pipe that indicates an underground tank. Does this pipe have any significance to this project? A nswer: A Field evaluation constructed by the contractor and owner will determine the probability of the existence of an underground storage tank (UST). If an UST or other regulated facility is encountered, the limits of project will be modified to avoid this area. 8. Question: Will the installation of the walkway and silt fence stay below the 1 acre indicated on the plans? Answer: The disturbed area is not anticipated to be more the 1 Acre. 9. Question: During the installation of the silt fence in the designated area, tree roots will be compromised. What responsibility do I have for trees that may die due to this installation? Answer: Silt fence is to be installed to minimize impact to the tree roots. Contractor will be responsible for negligent acts; contractor to coordinate the installation of silt fence with the project engineer. Alternatives to type "C" silt fence will be determined in the field. Please acknowledge addendum in your submittal END ADDENDUM Enclosures: Revised Price Bid Sheet • Addendum 1 Bid Item #10 -192 LOMBARD POND RECREATION TRAIL (REVISED PER ADDENDUM #1) 1-9MBA11 4 :140:7-1,',. •' W— - ECREATiONAL TRAIL Item I Item Description Quantity Units Unit Cost Total Cost 1 f FORCE ACCOUNT (Allowance)* { 1 LS $5,000.00 1 $5,000.00 2 I MISCELLANEOUS MOBIL ZING, AND MISCTSITEI WEORO)STAKING, 1.00 LS 1 3 1 CLEARING AND GRUBBING 1.00 LS I I 4 1 GRADING 210.00 CY I I 5 1 EROSION CONTROL COMPLETE 1.00 I LS I 6 I CONSTRUCT AND REMOVE TEMP SILT FENCE, TP C I 2200.00 I LF I 7 1 CONSTRUCTION EXIT I 1.00 EA I 8 I AGGREGATE SURFACE COURSE 240.00 I TN I 9 1 RAILROAD TIE 100.00 I LF I 10 I BOLLARD 1.00 EA I 11 I CONCRETE TRAIL 4 IN 370.00 SY I 12 BOARDWALK ABUTMENT DETAIL I 4.00 EA (INCLUDES BUT NOT LIMITED TO CONCRETE, REBAR, ANCHOR I I BOLTS, 2X8 PLATE) 13 I BOARDWALKS 99.00 f LF l (STA:5 +71 TO 6 +25) and (STA:8 +10 TO 8 +55) ' 1 ' p ' 1L _T Acv Y . r,.1^,.;:;.,4:_, 14 I GRADING 1 1.00 l LS I f 15 1 CLEARING AND GRUBBING I 1.00 I LS I 16 I EROSION CONTROL COMPLETE I 1.00 I LS I I 17 ( ABUTMENT DETAIL f 1.00 EA L (INCLUDES BUT NOT LIMITED TO CONCRETE, REBAR, ANCHOR I l BOLTS, 2X8 PLATE) ( I I 18 1 OVERLOOK DOCK STRUCTURE AND GANGWAY I 1.00 I LS TOTAL BID �P "i" 11614t. .o ;. ' . . .. +I-AY M# . #2Q ,h'r y .. } . il . 19 AGGREGATE SURFACE COURSE 60.00 TN (PARKING AREA) 20 CONCRETE TRAIL 4 IN 775.00 SY TOTAL BID (INCLUDE ALT 1) *Bid Item #1 Force Account (Allowance) to be used for drainage activities or general construction activities as directed by County or County Representative P -2 Addendum 1 Bid Item #10 -192 I :' AGREEMENT THIS AGREEMENT, made on the day of , 20_, by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA COMMISSION, party of the first part, hereinafter called the OWNER, and , party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE 1 - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: LOMBARD POND RECREATION TRAIL FOR PLANNING AND ZONING DEPARTMENT and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner or the Contractor to proceed. All work shall be completed within 90 calendar days with all such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of ($ )Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. A -1 The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE 111 - PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the Owner an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and /or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. A -2 (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above.., , ,.. ® ,4 7 „--v" - v „ 3` ` • ), ., , v. AUGUSTA, GEORGIA (VEZ4 ' . ' .‘ ?' e. O , Y fi < © ,�' 4 t t ivi As its Mayor F- e 4' f ,— %V : /f Witness ..._ -. CONT TOR: (SEAL) B G j) As • s CS I. cerA ATTEST: �� : ion Expires Address: 1 a Z7 C1-:Adis r.Jv April 13, 2013 I & t• L 'lks 3 if 4. VAI Wit ess I, A -3 � � n I' 1117 USE THE ATTACHED FORMS AND ADHERE TO THE INSTRUCTIONS ON EACH FORM PLEASE DO NOT SUBSTITUTE FORMS: Attachment B: Statement of Non- Discrimination, Non - Collusion Affidavit of Prime Bidder /Offeror, Conflict of Interest and Contractor Affidavit and Agreement. Bidder'g Proposal Form /Acknowledgement of Addenda Note: THE ABOVE FORMS MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL Georgia Security and Immigration Subcontractor Affidavit Non - Collusion Affidavit of Sub - Contractor Local Small Business (LSB) Good Faith Efforts Local Small Business (LSB) Subcontractor /Supplier Utilization Plan Note: The successful vendor will submit the above forms to the Procurement Department not later than five (5) days after receiving the `Letter of Recommendation" (vendor's letter will denote the date forms are to be received) Local Small Business (LSB) monthly subcontractor /supplier utilization report will be submitted upon request. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of SID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Rev. 3/10/2010 ' �►__ — .. -�ZZ Attachment B Listed below is a consolidated listing of the Statement of Non - Discrimination, Non - Collusion Affidavit of Prime Bidder /Offeror, Conflict of Interest and Contractor Affidavit and Agreement. Please complete, date, notarize and return pages 1 - 3 of Attachment B with your submittal. Statement of Non - Discrimination The undersigned understands that it is the policy of Augusta- Richmond County to promote full and equal business opportunity for all persons doing business with Augusta- Richmond County. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by Augusta- Richmond County. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor /supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses, in conformity with Augusta- Richmond County's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding /contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of non - discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; That the promises of non - discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling the City of Augusta to declare the contract in default and to exercise any and all applicable rights remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract. Attachment B - Page 2 of 3 Non- Collusion of Prime Bidder /Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conflict of Interest By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this ITB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub - consultants) has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. ....--"' 7 "--------- ---z4_,—. • ...- ddi In accordance with the Laws of Georgia, the following affidavit is required by all vendors NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR I, N/A certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. Affiant further states that pursuant to O.C.G.A. Section 36 -91 -21 (d) and (e), N/A has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. Affiant further states that the said offer of N/A / is bona fide, and that no one has gone to any s •plier and attempted to get such person or company to furnish the materials to the bidder only, or if furni- o any other bidder�ht at the material shall be at a higher price. / '/ ■ L . S' nature of Authorized Company Representative President Title S rn t and subscri bet . -f. ° me this W t day of A/Z) VEM /,3M2 , 20 /6 / • jr -/ Nota ' A ignature Notary Public: Pedie/V (Print Name) County: A ' 0, t! Q / \/ Commission Expires: Notary Public, Richmond County, Georgia NOTARY SEAL My CommissionEKpires February 10, 2014 If there are no subcontracting opportunities the form must be executed (write N /A, sign, date and notarize). Note: The successful vendor will submit the above form to the Procurement Department no later than five (5) days after receiving the `Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) REV. 12/30/09 ..---- / 4". . ---* - -- ‘,........./. STATE OF GEORGIA - COUNTY OF RICHMOND BID /RFP /RFQ# 10 -1 **N/A** SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contractwithContr Mgmt . , Inc . on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ((RCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13- 10 -91. 225306 E- Verify * User Identification Number Conte "act Management, Inc. Co,I:�ny Name / .> :1' : Authorized ifficer or Agent (Contractor Signature) Prpsi dent Title of Authorized Officer or Agent of Contractor Georgia Law requires your company to have an James Williams E Verify *User Identification Number on or after July Printed Name of Authorized Officer or Agent 1, 2009. SUBSCRIBED AND SWORN BEFORE ME ON THIS THE For additional information: State of Georgia hftp:/ fw Aw /rules/300 10 1.odf DA fa F / G , 20 / Z) httos;! /e- verifY.uscis.gov /enroll/ _ o • u •Iic 'Commission Expires: Notary Public, Richmond County, Georgia My Commission Expires February 10, 2014 NOTARY SEAL If there are no subcontracting opportunities the form must be executed (write N /A, sign. date and notarize). Note: The successful vendor will submit the above form to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) REV. 12 /30/09 Attachment B - Page 3 of 3 Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in 0.C.G.A 13- 10 -91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. Georgia Law requires your company to have an E- Verify *User Identification Number on or after July 1, 2009. For additional information visit the State of Georgia website: htt Gk's venfy.ustis_orwlertrcir and /or httr:A,,aom Ilst tacra us'ad`fJrul le lortf 2 25306 E- Verify * User Identification Number The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta Richmond County Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. 1 further understand that my submittal will be deemed non - compliant if any part of this process is violated. oe e Co act Management, Inc. C-ny Name -gam (A) c : Authorized Officer or Agent (Contractor Signature) President Title of Authorized Officer or Agent of Contractor James Williams Printed Name of Authorized Officer or Agent S _ : CRIBED AN S OR II BEFORE ME ON THIS THE DAY OF hV . ' _ , 20 %el f a-- NOTARY SEAL No Public otary u � b e, Richmond County, Gwrpa M Commission Expires: My Commission Expires February 10 Please complete, date, notarize and return pages 1 -3 of Attachment B with your submittal Rev. 11/13/09 li i CO ' N c LC o,., m Oav 3= O' L ._ _ a 3 L Opp - _ _ _ ��i <C‹ 3ZZ: _ C1 _, oar ••� :' -E 0 >, tom p .4 ■ , � 4 IN: . �. -,-I Fa 'any � cam r3 ati � O . j 1 y N ;lSR0, 1 '' • ., � .,.� � , anr '' I I' c.v..; �, e) �y E 6' axs4,_, Asa, .� _ -J-�CY plc:: 0 I a CtL� ai. L I- y a.... O... .+ r CLIO � .. . :.. y dip• O > L E G � F�� . o en 02 co Q ..- 00 ' =o o v 4 � v r m� ..c • „ c• - to mut LLJ..n I I I U .. + co ari • tr_ 7. o tl O btn a �a a > O C- Ff- ®. .cnis. N co Map ,..%., p rd = v m = r� r d CO • O . .• .7 U I L L _ _ ++' n. CO. . co X u H 5 CD. J �' G t� T L.Y. Or La) Q m] fA5 Z = au tt Ils I , 20 i' •=-- I (NI. 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H Z 1 SY 1 8 (7C. =Pu • H I 3 li Wn au , zz co -tz 03 (5i 42 a Lila U13 C13 73) r _ == co • H M M. = 0,6 Wit3Dit 4-) = = F57m,,T„ 2 2 ga i_.70 0c0 ........ 4C EH _ L., lirg <ES H 7r, O ol = MI . - .., ti 1 =0 uo CD (50 :...0 0 O CD tr. = 0-1 til, ai = c:) = r0 - al = • H or X 6 al tilli t.) • ap jel. U o ...1 14 LIJ- COCO cc a a LW CD uu.. 4- E-1 M aD WE c/r, citC = 6 .. • . = Lim .:g I-- Q = LW DIZ 2r rr, li- u. co CM 40- ag co os, CC LUJ CC Lila eq,1 43 a33 cD- cx cc P -4 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned Contract Management, Inc . as Principal and The Gray casualty & Surety Cnmpany as Surety, are hereby held and firmly bound unto the Augusta Commission, Georgia, as OWNER in the penal sum of ten percent & 00/100---(10%) forthe paymentofwhich, well and truly made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 10th day of November , 2010 The condition of the above obligation is such that whereas the Principal has submitted to the Augusta Commission a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the LOMBARD POND RECREATION TRAIL FOR PLANNING AND ZONING DEPARTMENT. NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, (b) If said bid shall be accepted and the principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the agreement created by the acceptance of said bid. then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and sxich of them as are corporations have caused their corporate seals to be hereto affixed and presents to bp- signed by their proper officers, the date and year first set forth above. (I/Mx:4 ✓Vii vC(.-\- -- — (L.S.) / PrincipalContract Management, Inc. T`he Gray Casualty & Surety Company Surety By: �i Thomas J. Bole, Attorney -in -Fact IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. BB -2 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY ' 1: GENERAL POWER OF ATTORNEY 1 2 ®8 4 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly 9i organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Thomas J. Bole and Sharon E. Griffith of Birmingham, Alabama jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. ' This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26` day of June, • 2003 "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. • IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 12th day ofJuly, 2004. `' SURVA N °F By Attest: '� ini, P JP` " SCR ` SEAL �' °�� __��`� -. Michael T. Gray >..1 , Mark S. Manguno SEAL r ' + — .4-t-,,- President, The Gray Insurance Company Secretary, �,; — o a : and The Gray Insurance Company, y�'' •....... '?? Vice President, The Gray Casualty & Surety Company , *. - The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this 12th day ofJuly, 2004, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty .'t & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of 6, the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. its � /{ Pueuc r, = Lisa S. Millar, Notary Public, Parish of Orleans : a =,i°r••. : 4, -a,-p • • :, g ,; $ . State of Louisiana "• o F �ov� " °' My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. � v IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this I day of '1 = -0 _ =_: QTY A . � 1j � �1 \���� `i SE AL 1 ,' o f fi ` S E AL " o k _ ' °` ' Mark S. Manguno, Secretary P` t . r'•. :r - �'y., -- = The Gray Insurance Company * r ' °;• The Gray Casualty & Surety Company m °' =•t w :o o c n ;m 2 ••1 IN : 2 0 ;C P0A 10001 Rev 6/15/2003 521103 7/12/2004 , t : . - 1 2 0 ; Z ' 1 The Owner is an Equal Opportunity Employer. ' f Contract Management, Inc. / ✓ l / , ;� t iewv Name of Bidder Signature & Title of Author) ed Representative 1827 Killingsworth Road Business Address Augusta, GA 30904 City and State Date: 11/9/10 ti' 1414 PROPOSAL for LOMBARD POND RECREATION TRAIL FOR PLANNING AND ZONING DEPARTMENT Augusta Commission Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned, as bidder, herein referred to a singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents 3. He understands that information relative to existing structures and underground utilities as furnished to him on the drawings, the Contract Documents or by the Augusta Planning & Zoning Department, can no guarantee expressed or implied, as to its completeness or accuracy and he has made due allowances therefore; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted he will contract with the Augusta Commission, Georgia, to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish materials called for in accordance with the requirements of the Director of the Augusta Planning & Zoning Department and the true intent of the Contract Documents and that he will take in full payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (NOTE: Bidders must bid on each item.) P 1 of 3 P &Z - Lombard Pond Recreation Trail Contract LOMBARD POND RECREATION TRAIL �� (REVISED PER ADDENDUM #1) LOMBARD POND PROPERTY - RECREATIONAL TRAIL Item Item Description Quantity Units Unit Cost Total Cost 1 FORCE ACCOUNT (Allowance)* 1 1 LS $5,000.00 $5,000.00 2 MISCELLANEOUS (INCL. BUT NOT LIMITED TO STAKING, 1.00 LS MOBILIZING, AND MISC. SITE WORK) 2 (,Z, a,s (8 Z 3 I CLEARING AND GRUBBING 1.00 LS l Z 4.1) & 2. 7t/ toD 4 GRADING 210.00 CY 5 71,2. 12 5 EROSION CONTROL COMPLETE 1.00 LS / 874 371 / 871.3 7 6 CONSTRUCT AND REMOVE TEMP SILT FENCE, TP C 2200.00 LF Q id. / 31Z., 73 7 CONSTRUCTION EXIT 1.00 EA St Q .7; 5/f . 7 z- 8 I AGGREGATE SURFACE COURSE 240.00 I TN 4( 7.n I / 1 '1 9 RAILROAD TIE 100.00 LF 5, 74 5 7 10 BOLLARD 1.00 EA 607. // /0-47e 11 CONCRETE TRAIL 4 IN 370.00 SY YG DDS `5 / 8 7 , 12 BOARDWALK ABUTMENT DETAIL 4.00 EA I (INCLUDES BUT NOT LIMITED TO CONCRETE, REBAR, ANCHOR � /%� / CO ��` J.3 BOLTS, 2X8 PLATE) 13 BOARDWALKS 99.00 LF � (STA:5 +71 TO 6 +25) and (STA:8 +10 TO 8 +55) flue, e, D3 1 y t157. 412 OVERLOOK DOCK 14 GRADING 1.00 LS IZgc� ?I! f29t t Q / 15 I CLEARING AND GRUBBING 1.00 Z944 1 /LQ/ _ 31 16 EROSION CONTROL COMPLETE 1.00 I LS (2y9.L jI b tr ` 17 ABUTMENT DETAIL 1.00 EA P 7 (INCLUDES BUT NOT LIMITED TO CONCRETE, REBAR, ANCHOR BOLTS, 2X8 PLATE) 40433 01/33 1 11 , E 18 OVERLOOK DOCK STRUCTURE AND GANGWAY 1.00 LS /Z265,7/ 1Z' , 7G TOTAL BID gq 'IA 3 ALTERNATII/E 11 (CONCRET TRAIL) DELETE PAY ITEM # 8 AGGREGATE SURFACE COURSE; ADD PAY ITEM #i9 & #20 19 AGGREGATE SURFACE COURSE 60.00 TN y� 7 (PARKING AREA) '/. ( 5f1 2-355 20 CONCRETE TRAIL 4 IN 775.00 SY - /. A 3 3078.51 TOTAL BID (INCLUDE ALT 1) gs 87Y,o7... *Bid Item #1 Force Account (Allowance) to be used for drainage ezea or general construction activities as County Representative kecteaLlun T1 oil Cu, Arad The contract covering the construction of all work described above will be completed within 90 consecutive calendar days from the date specified in the "Notice to Proceed" of the Augusta Planning & Zoning Department Director. In strict accordance with the contract documents and in consideration of the amounts shown on the bid schedule attached hereto, the undersigned, s bidder, submits d he base bi following , t otaling :.6s'9 N;,oe, \hows..ad - u;Ne. pia red - Fo t1. oL1.,t 4-4-9 _Dollars ($ $q � gy0.3 i ) sufsject to reductions, additions and deletions p herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $500.00 for each consecutive calendar day thereafter. It is understood that the Owner reserves the right to reject any and all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date 1 10/28/10 The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner with satisfactory performance and payment bond in the amount equal to one hundred percent (100% of he total base bid su . Enclosed her :with is a Bid Bond or eIC led Check t: h in the amount of - . .c.a*..): -t.)' N - t _ . AS ,i `• Dollars ($ 6 VI' , p 3 ) being not less than ten (10%) percent of the total base bid sum. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bond in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is the proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bond. The successful bidder shall have a current Business License. P 3 of 3 P &Z - Lombard Pond Recreation Trail Contract K Hzyp This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National Society of American Society AC E C Professional EngineersSC� of Civil Engineers IUVCAN COUNGL Or ENOIPM.Ill COAIPAN Professional Engineers In Private Practice A 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 Contractors of America 1 and the Construction Specification Institute i K i nr Creating end Sustaining t Built Environ 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 -001, 2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800, 2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society, of Professional Engineers for EJCDC. All rights reserved. Copyright © 2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 -2794 (703) 684-2882 American Consulting Engineers Council 1015 1 5th Street N.W., Washington, DC 20005 (202) 347 -7474 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 (800) 548 -2723 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. • TABLE OF CONTENTS Page Article 1 - Defmitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 4 Article 2 - Preliminary Matters 5 2.01 Delivery of Bonds and Evidence of Insurance 5 2.02 Copies of Documents 5 2.03 Commencement of Contract Times; Notice to Proceed 5 2.04 Starting the Work 6 2.05 Before Starting Construction 6 2.06 Preconstruction Conference 6 2.07 Initial Acceptance of Schedules 6 Article 3 - Contract Documents: Intent, Amending, Reuse 6 3.01 Intent 6 3.02 Reference Standards 7 3.03 Reporting and Resolving Discrepancies 7 3.04 Amending and Supplementing Contract Documents 8 3.05 Reuse of Documents 8 3.06 Electronic Data 8 Article 4 - Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 8 4.01 Availability of Lands 8 4.02 Subsurface and Physical Conditions 9 4.03 Differing Subsurface or Physical Conditions 9 4.04 Underground Facilities 10 4.05 Reference Points 11 4.06 Hazardous Environmental Condition at Site 11 Article 5 - Bonds and Insurance 13 5.01 Performance, Payment, and Other Bonds 13 5.02 Licensed Sureties and Insurers 13 5.03 Certificates of Insurance 13 5.04 Contractor's Liability Insurance 13 5.05 Owner's Liability Insurance 14 5.06 Property Insurance 15 5.07 Waiver of Rights 16 5.08 Receipt and Application of Insurance Proceeds 16 5.09 Acceptance of Bonds and Insurance; Option to Replace 17 5.10 Partial Utilization, Acknowledgment of Property Insurer 17 Article 6 - Contractor's Responsibilities 17 6.01 Supervision and Superintendence 17 6.02 Labor; Working Hours 17 6.03 Services, Materials, and Equipment 18 6.04 Progress Schedule 18 6.05 Substitutes and "Or- Equals" 18 6.06 Concerning Subcontractors, Suppliers, and Others 20 6.07 Patent Fees and Royalties 91 6.08 Permits 21 6.09 Laws and Regulations 22 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Pagel 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.12 Record Documents 23 6.13 Safety and Protection 23 6.14 Safety Representative 23 6.15 Hazard Communication Programs 24 6.16 Emergencies 24 6.17 Shop Drawings and Samples 24 6.18 Continuing the Work 25 6.19 Contractor's General Warranty and Guarantee 25 6.20 Indemnification 26 6.21 Delegation of Professional Design Services 26 Article 7 - Other Work at the Site 17 7.01 Related Work at Site 27 7.02 Coordination 28 7.03 Legal Relationships 28 Article 8 - Owner's Responsibilities 28 8.01 Communications to Contractor 28 8.02 Replacement of Engineer 28 8.03 Furnish Data 28 8.04 Pay When Due 28 8.05 Lands and Easements; Reports and Tests 28 8.06 Insurance 29 8.07 Change Orders 29 8.08 Inspections, Tests, and Approvals 29 8.09 Limitations on Owner's Responsibilities 29 8.10 Undisclosed Hazardous Environmental Condition 29 8.11 Evidence of Financial Arrangements 29 Article 9 - Engineer's Status During Construction 29 9.01 Owner's Representative 29 9.02 Visits to Site 29 9.03 Project Representative 30 9.04 Authorized Variations in Work 30 9.05 Rejecting Defective Work 30 9.06 Shop Drawings, Change Orders and Payments 30 9.07 Determinations for Unit Price Work 30 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 31 9.09 Limitations on Engineer's Authority and Responsibilities 31 Article 10 - Changes in the Work; Claims 31 10.01 Authorized Changes in the Work 31 10.02 Unauthorized Changes in the Work 32 10.03 Execution of Change Orders 32 10.04 Notification to Surety 32 10.05 Claims 32 Article 11 - Cost of the Work; Allowances; Unit Price Work 33 11.01 Cost of the Work 33 11.02 Allowances 35 11.03 Unit Price Work 35 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii Article 12 - Change of Contract Price; Change of Contract Times 36 12.01 Change of Contract Price 36 12.02 Change of Contract Times 37 12.03 Delays 37 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work 38 13.01 Notice of Defects 38 13.02 Access to Work 38 13.03 Tests and Inspections 38 13.04 Uncovering Work 39 13.05 Owner May Stop the Work 39 13.06 Convection or Removal of Defective Work 39 13.07 Correction Period 39 13.08 Acceptance of Defective Work 40 13.09 Owner May Correct Defective Work 40 Article 14 - Payments to Contractor and Completion 41 14.01 Schedule of Values.. 41 14.02 Progress Payments 41 14.03 Contractor's Warranty of Title 43 14.04 Substantial Completion 43 14.05 Partial Utilization 44 14.06 Final Inspection 44 14.07 Final Payment 45 14.08 Final Completion Delayed 45 14.09 Waiver of Claims 46 Article 15 - Suspension of Work and Termination 46 15.01 Owner May Suspend Work 46 15.02 Owner May Terminate for Cause 46 15.03 Owner May Terminate For Convenience 47 15.04 Contractor May Stop Work or Terminate 47 Article 16 - Dispute Resolution 48 16.01 Methods and Procedures 48 Article 17 - Miscellaneous 48 I7.01 Giving Notice 48 17.02 Computation of Times 48 17.03 Cumulative Remedies 48 17.04 Survival of Obligations 49 17.05 Controlling Law 49 17.06 Headings 49 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page Iii GENERAL CONDITIONS ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terns 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 defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 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. 2. Agreement — The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment — The foam acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 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. 5. Bid — The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder — The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents — The Bidding Requirements and the proposed Contract Documents (including all Addenda). 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. 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 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 49 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) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor — The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work — See Paragraph 11.01.A for definition. 17. Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer — The individual or entity named as such in the Agreement. 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. 21. General Requirements — Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 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. 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. 24. Laws and Regulations; Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens — Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone — A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 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. 28. Notice to Proceed — A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner — The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be perfomied. 30. PCBs — Polychlorinated biphenyls. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page2of49 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, 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. P roject 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 nuclear, 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 authorized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals — A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values — A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. . 41. Shop Drawings — All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 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. 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. 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. 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 tenns "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder — The Bidder submitting a responsive Bid to whom Owner makes an award. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 49 47. Supplementary Conditions — That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier — A manufacturer, fabricator, supplier, 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. 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. 50. Unit Price Work— Work to be paid for on the basis of unit prices. 51. Work — The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes 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 Tenninology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terns 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 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society, of Professional Engineers for EJCDC. All rights reserved. Page 4 of 49 a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Peofonn, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 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. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise m the Contract Documents, 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. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery ofBonds and Evidence of Insurance 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. 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 Tines; 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 commence 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 49 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 subdivides 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. 106 Pr econstruction Conference 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. 2.07 Initial Acceptance of Schedules 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. 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. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 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. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. 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 Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6of49 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 Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated 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 responsibility 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 Petformance 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 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. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 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: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 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 violation of such Law or Regulation). EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 49 3.04 Amending and Supplementing Contract Documents 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. 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: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse ofDocuments 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 final 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 Eng 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 wi thin 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. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability ofLands 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 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 49 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. 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 perfonned 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. 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. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: 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 Contract Documents; and 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. 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: 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 Deering Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface 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 connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 49 and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 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 Co ntractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and 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. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: 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 b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, 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 final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 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. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on infornation and data 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 Supplementary 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, EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 49 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 Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If in I a Underground regui w dt, or not shown Facility or indicated with d or reasonabl e accuracy at or conti in the ous Contract to the Documents whch , Contractor as not shown 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 Underground 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. 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 Contractormay make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points 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. 4.06 Hazardous Environmental Condition at Site 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. 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: 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 EJCDC C -700 Standard General Condition of the Construction Contracts Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 49 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed 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 stoppage 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 t r esume 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 permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, 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, 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 consequences of that individual's or entity's own negligence. 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. 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 49 ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds 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 final 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. 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 Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. AlI 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 then to perform any of the Work, 'or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 49 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever Iocated, including loss of use resulting therefrom; and 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. B. The policies of insurance required by this Paragraph 5.04 shall: 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 Supplementary Conditions, all of whom shall be listed as additional 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; 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; 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insurance, 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 Supplementary 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 49 5.06 Pro p erty Insurance A. Unless otherwise provided in the Supplementary 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: 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 ins ured or additional insured; 2. be written on a 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 ins 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 specifically required by the Supplementary Conditions; 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); 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; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final 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. 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 and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates 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 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 accordance 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 Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 49 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 ofRights 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 Supplementary 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, agents, 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 making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. 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 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 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. 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. 5.08 Receipt and Application of Incur ante Pi oceeds A . Any i nsure d l oss un th e po o i nsurance 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 . 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 insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 49 5.09 Acceptance ofBonds and Insurance; Option to Replace A. If w objection to the coverage afforded by or other provisions of the bonds or insurance either O req uired or to be purchased Contractor has any 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, Aclatowledgment 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, 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor, Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 49 6.03 Services, Materials, and Equipment A. Unless hrwic in , fuo all services materials, eq ified uipment , laborContract , Documents transportation, construction Contractor shall equipment provide and mac assume hinery , toolsresp, nsibility appliancesfor , 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. 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. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, 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 adjustments will comply with any provisions of the General Requirements 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 functionally 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.1, 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; 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, 3) it has a proven record of performance and availability of responsive service; and EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 49 b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items 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. 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. 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. 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: 1) shall certify that the proposed substitute item will: a) perform adequately the fiinctions and achieve the results called for by the general design, b) be similar in substance to that specified, and 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 prejudice Contractor's achievement of Substantial Completion on tinge; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for 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 connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) alI 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 estimate 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, EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 49 B. Substitute Construction Methods or Procedures: 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 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. 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. 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. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. - 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, 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. 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 reasonable 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 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 constitute 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: I. 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 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 49 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or 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 performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate 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 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 Ioss 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. 6.07 Patent Fees and Royalties 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. 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. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and Licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 49 6.09 Laws and Regulations A. C ontractor shall give all notices required by and shall comply with all Laws and Regulations applicable 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 ofSite`and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, 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, 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. 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 then 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 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. B. Removal of Debris During Peifonnance 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. 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 completion 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright() 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 49 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. 6.12 Record Documents 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 Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions 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 Drawings 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 Substantial Completion). 6.14 Safety Representative 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Societe' of Professional Engineers for EJCDC. All rights reserved. Page 23 of 49 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating 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. 6.16 Emergencies A. In emergencies affecting the safety or protection 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. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. 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.I7.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all infonnation relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright O 2002 National Societe of Professional Engineers for EJCDC. All rights reserved. Page 24 of 49 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 submitted to Engineer for review and approval of each such variation. D. Engineer's Review 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 Documents. 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 construction 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. 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. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on 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. 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, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or EJCDC C -700 Standard General Conditions attic Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 49 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 acceptability 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 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 of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (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. 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: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services 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 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 49 responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. 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 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 Contract 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 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. C. If the proper execution or results of any part of Contractor's Work depends upon work perfonned 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 49 7.02 Coordination 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 Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. 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. 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 10 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 14.02.0 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 49 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities 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. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements 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. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities 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. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals 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, 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 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 49 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 Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If 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 maybe made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work 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. 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. 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. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 49 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 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 final 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 B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other 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 responsible 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 Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to tune, 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). EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 49 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. 10.02 Unauthorized Changes in the Work 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. 10.03 Execution of Change Orden' A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 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 ]3.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 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 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). EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 49 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 opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 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. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final 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. 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. ARTICLE 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work 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 t o 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 an y of the costs itennized in Paragraph 11.01.B. 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 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 payments, 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 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 49 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 maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. 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 equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. 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. 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 5.06D), 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. g. The cost of utilities, fuel, and sanitary facilities at the Site. 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. i, The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. C osts Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, 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.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 49 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.B. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for 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 1. Contractor agrees that: 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 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. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. 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. 11.03 Unit Price Work 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 49 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. 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. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly 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 application 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 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: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 49 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 1 2.0I.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 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; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; 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 f. when both additions and credits are involved in any one 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. 12.02 Change of Contract Times A. The C ontract 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 parry making the Claim to the Engineer and the other parry to the Contract in accordance with the provisions of Paragraph 10.05. 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. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract 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 contemplated 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 Tines, 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 49 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. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects 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. 13.02 Access to Work 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. 13.03 Tests and Inspections 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. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.E shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. 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. 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 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 49 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, attomeys, 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. 13.05 Owner May Stop the Work 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. 13.06 Correction or Removal of Defective Work 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). 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. 13.07 Correction Period 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: 1. repair such defective land or areas; or EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 49 2. correct such defective Work; or 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 tenns 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 removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of 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, Iosses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change 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. 13.09 Owner May Correct Defective Work 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. 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 possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 49 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. 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, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the 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 provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 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 recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 49 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: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and 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. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: 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 responsibilities specifically assigned to Engineer in the Contract Documents; or 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. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or 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 subsequently 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 replacement; 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 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 49 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 furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set -off against the amount recommended; or 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. 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. 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. 14.03 Contractor's Warranty of Title 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. 14.04 Substantial Completion 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. 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. 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 to make written objection to Engineer as to any provisions of the certificate or attached list, lf, 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 EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 49 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) 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 recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract 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 perfonnance of the remainder of the Work, subject to the following conditions. 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 part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 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. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 49 14.07 Final Payment A. Application for Payment 1. After n r n Engineer, satitmplified during the fin i n sp ection actor and has has in d the liver ion , in accord wit sfac the Con orily co Documentseted all , acorrections l] maintenance ident 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. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: 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; b. consent of the surety, if any, to final payment; 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 against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the 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, indicating in writing the reasons for refusing to recommend final 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 documentation, 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. 14.08 Final Completion Delayed 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 final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 49 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. 14.09 Wai ner of Claims A. The making and acceptance of fmal payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after fmal inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the tenns of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 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. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work 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 adjustment 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 10.05. 15.02 Owner May Tenninate for Cause A. The occurrence of any one 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 49 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, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, 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 Paragraph Owner shall not be required to obtain the lowest price for the Work performed. 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. 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. 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. 15.03 Owner May Terminate For Convenience A. Upon seven days writt 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): 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; 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; 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 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 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 finally determined to be due, Contractor may, seven days after written notice to Owner and EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 49 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 final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 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 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become fmal and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 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 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times 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 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 Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph EJCDC C -700 Standard General Conditions ofthe Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 49 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, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling L aw A. This Con tract 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. EJCDC C -700 Standard General Conditions of the Construction Contracts Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 49 4,1 'It', SECTION 02055 SOILS - STRUCTURAL PART 1 GENERAL 1.1 SUMMARY A. Section includes structural subsoil materials. B. Related Sections: 1. Section 02324 - Trenching. 1.2 REFERENCES A. American Association of State Highway and Transportation Officials: 1. AASHTO T180 - Standard Specification for Moisture - Density Relations of Soils using a 4.54 -kg (10 -Ib) Rammer and a 457 -mm (18 -in.) Drop. B. American Society for Testing and Materials: 1. ASTM D698 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft- Ibf /ft3 (600 kN- m /m3)). 2. ASTM D1557 - Test Methods for Moisture- Density Relations of Soils and Soil- Aggregate Mixtures Using 10 Ib. Rammer and 18 inch Drop. 3. ASTM D2487 - Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System). 4. ASTM D2922 — Standard Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). 5. ASTM D3017 — Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). 1.3 SUBMITTALS A. Materials Source: Submit name of imported materials source and gradation analysis as per Georgia Department of Transportation Standards. 1.4 QUALITY ASSURANCE A. Perform Work in accordance with Georgia Department of Transportation Standards. Soils - Structural 02055 - 1 PART 2 PRODUCTS 2.1 SUBSOIL MATERIALS A. Type S1: 1 Structural. 2. Graded. 3. Free of lumps larger than 2 inches, rocks larger than 1 inch, and debris. 4. Conforming to Georgia Department of Transportation Standards and Specifications Section 810, Class IA1, A2, Class II B1 and B2. 2.2 SOURCE QUALITY CONTROL A. Testing and Analysis of Subsoil Material: Perform in accordance with ASTM D698. ASTM D2922. ASTM D3017. B. If tests indicate materials do not meet specified requirements, change material and retest. C. Provide materials of each type from same source throughout the Work. PART 3 EXECUTION 3.1 STOCKPILING A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile apart to prevent mixing. D. Prevent intermixing of soil types or contamination. E. Direct surface water away from stockpile site to prevent erosion or deterioration of materials. 3.2 STOCKPILE CLEANUP A. Remove stockpile, leave area in clean and neat condition. Grade site surface to prevent free standing surface water. Grass as necessary. END OF SECTION Soils - Structural 02055 - 2 SECTION 02060 AGGREGATE PART 1 GENERAL 1.1 SUMMARY A. Section includes aggregate materials for pipe bedding & construction outlets. B. Related Sections: 1. Section 02324 - Trenching. 1.2 REFERENCES A. AASHTO M147 (American Association of Highway and Transportation Officials) - Materials for Aggregate and Soil- Aggregate. B. ASTM C136 - Method for Sieve Analysis of Fine and Coarse Aggregates. C. ASTM D698 — Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft- Ibf /ft3 (600 kN -m /m 3)). D. ASTM D2167 — Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. E. ASTM D2487 — Classification of Soils for Engineering Purposes. F. ASTM D2922 — Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). G. ASTM D3017 — Test Method for Moisture Content Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). H. ASTM D4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils: I. Georgia Department of Transportation Standard Specifications — Construction of Transportation Systems, 2001 Edition. Aggregate 02060- 1 PART 2 PRODUCTS 2.1 COARSE AGGREGATE MATERIALS A. Coarse Aggregate Type Al (Pipe Bedding Material): Conforming to Georgia Department of Transportation Standard Specifications, Section 800, Size #57. B. Coarse Aggregate Type A2 (Construction Outlets): Conforming to Georgia Department of Transportation Standard Specifications, Section 800, Size #4. 2.2 SOURCE QUALITY CONTROL A. Aggregate Material - Testing and Analysis: Perform in accordance with Georgia Department of Transportation Standard Specifications. B. If tests indicate materials do not meet specified requirements, change material source and retest. C. Provide materials of each type from same source throughout the Work. PART 3 EXECUTION 3.1 STOCKPILING A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile individually to prevent mixing. D. Direct surface water away from stockpile site so as to prevent erosion or deterioration of materials. 3.2 STOCKPILE CLEANUP A. Remove stockpile, leave area in clean and neat condition. Grade site surface to prevent free standing surface water. Grass as necessary. END OF SECTION Aggregate 02060 - 2 SECTION 02230 • CLEARING & GRUBBING PART 1 GENERAL 1.1 SUMMARY A. Section Includes: + 1. Removing surface debris. 2. Removing designated trees, shrubs, and other plant life. PART 2 Not Used. PART 3 EXECUTION 3.1 PROTECTION A. Locate, identify, and protect utilities that remain, from damage. B. Protect trees, plant growth, and features designated to remain, as final landscaping. C. Protect benchmarks, survey control points and existing structures from damage or displacement. 3.2 TREE REMOVAL A. Contractor to flag all trees designated for removal, then request a meeting with Augusta Richmond County or their representative for approval. Contractor shall not remove any tress until approved by Augusta Richmond County or their representative. 3.3 REMOVAL A. Remove debris, rock, and extracted plant life from site. All materials that are to be removed from project area are to be removed to an EPD approved landfill or a location suitable for removed materials per local governing regulations. 3.4 EXCAVATION A. Excavate subsoil and topsoil from areas designated. Strip topsoil to full depth of topsoil in designated areas. B. Stockpile excavated material meeting requirements for subsoil materials. Topsoil may be reused with approval from Engineer. C. Remove excess excavated materials not intended for reuse, from site. Remove excavated materials not meeting requirements for subsoil materials from site. END OF SECTION Clearing & Grubbing 02230 - 1 SECTION 02311 GRADING PART 1 GENERAL 1.1 SUMMARY A. Section includes; cutting, grading, importing select material, filling, rough contouring, and compacting site. B. Related Sections: 1. Section 02230 — Clearing & Grubbing. 1.2 REFERENCES A. AASHTO T180 (American Association of State Highway and Transportation Officials) - Moisture - Density Relations of Soils Using a 10 Ib. Rammer and an 18- in. Drop. B. ASTM C136 - Method For Sieve Analysis of Fine and Coarse Aggregates. C. ASTM D698 — Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3 (600 kN- m /m3)). D. ASTM D1556 - Test Method for Density of Soil in Place by the Sand -Cone Method. E. ASTM D1557 Test Methods for Moisture - Density Relations of Soils and Soil - Aggregate Mixtures Using 10 Ib. Rammer and 18 inch Drop. F. ASTM D2167 - Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. G. ASTM D2419 - Test Method For Sand Equivalent Value of Soils and Fine Aggregate. H. ASTM D2434 - Test Method For Permeability of Granular Soils (Constant Head). I. ASTM D2922 - Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). J. ASTM D3017 - Test Methods for Moisture Content of Soil and Soil - Aggregate Mixtures. 1.3 QUALITY ASSURANCE A. Perform Work in accordance with Georgia Department of Transportation Standard Specifications. Grading 02311 - 1 PART 2 PRODUCTS 2.1 MATERIALS A. Structural Fill: Type S1 as specified in Section 02055. PART 3 EXECUTION 3.1 EXAMINATION A. Topographic information obtained from Richmond County GIS. Contractor to verify intended elevation for the work as indicated on drawings. 3.2 PREPARATION A. Identify required lines, levels, contours and datum. B. Stake and flag locations of known utilities. C. Locate, identify and protect utilities indicated to remain, from damage. D. Remove and relocate utilities. E. Protect above and below grade utilities indicated to remain. F. Protect plant life, lawns and other features remaining as portion of final landscaping. G. Protect benchmarks, survey control point, existing structures, sidewalks, paving and curbs from excavating equipment and vehicular traffic. 3.3 SUBSOIL EXCAVATION A. Excavate subsoil as indicated on drawings. B. Remove excess subsoil not intended for reuse, from site. C. Stockpile subsoil in area designated on site to depth not exceeding 8 feet and protect from erosion. D. Benching Slopes: Horizontally bench existing slopes greater than 1:4 to key placed fill material to slope to provide firm bearing. E. Stability: Replace damaged or displaced subsoil as specified for fill. 3.4 FILLING A. Install Work in accordance with Georgia Department of Transportation Standard Specifications and details provided herein. B. Fill areas to contours and elevations with unfrozen materials. Grading 02311 - 2 C. Place fill material on continuous layers and compact in accordance with schedule at end of this section. D. Maintain optimum moisture content of fill materials to attain required compaction density. E. Make grade changes gradual. Blend slope into level areas. F. Surplus fill materials to be place at location chosen by owners repetitive. G. Fill areas of over excavation with fill Type S1, compacted to density equal to or greater than requirements for subsequent fill material. 3.5 TOLERANCES A. Top Surface of Subgrade: Plus or minus 1/10 foot from required elevation. 3.6 FIELD QUALITY CONTROL A. Finished Subgrade shall be proof rolled in the present of owner or the owners representative. B. Testing: In accordance with ASTM D698. C. When tests indicate Work does not meet specified requirements, remove Work, replace and retest. 3.7 SCHEDULES A. Structural Fill: 1 Prepare and compact sub -base to 98 percent Standard Proctor prior to fill placement,. 2. Fill Type S1: Compact in lifts no greater than 6 inches. 3. Compact subgrade (prior to aggregate surface course & concrete placement) to 98 percent of maximum dry density. The top 12 inches of any fill material shall be compacted to 100 percent. Subgrade to be proof rolled in presence of qualified county representative or engineer. B. Top Soil: 1. Place and loosely compact to a thickness of 4 ". END OF SECTION Grading 02311 - 3 SECTION 02324 TRENCHING 1 GENERAL 1.1 SUMMARY A Section includes excavating trenches for utilities; compacted fill from top of utility bedding to subgrade elevations; and backfilling and compaction. B Related Sections: 1. Section 02060 - Aggregate. 2. Section 02610 — Pipe Culverts 1.2 REFERENCES A ASTM C136 - Method for Sieve Analysis of Fine and Coarse Aggregates. B ASTM D698 - Test Methods for Moisture - Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.5 lb Rammer and 12 inch Drop. C ASTM D1556 - Test Method for Density of Soil in Place by the Sand -Cone Method. D ASTM D2167 - Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. E ASTM D2922 - Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). F ASTM D3017 - Test Methods for Moisture Content of Soil and Soil - Aggregate Mixtures. 1.3 DEFINITIONS A Utility: Any buried pipe, duct, conduit, or cable. 1.4 FIELD MEASUREMENTS A Verify field measurements prior to fabrication. 1.5 COORDINATION A Verify Work associated with lower elevation utilities is complete before placing higher elevation utilities. Trenching 02324 -1 2 PRODUCTS 2.1 FILL MATERIALS A Fill Type S1: As specified in Section 02055. 3 EXECUTION 3.1 LINES AND GRADES A Grades 1. Pipes shall be laid true to the lines and grades indicated. 2. The grade alignment of the pipe shall be maintained by the use of a string line parallel with the grade line and vertically above the centerline of the pipe. This line shall be established on level batter boards at intervals of not more than 25 feet. Batter boards shall span the trench and be rigidly anchored to substantial posts driven into the ground on each side of the trench. Three adjacent batter boards must be set before laying pipe to provide a check on the grades and line. Elevation and position of the string line shall be determined from the elevation and position of offset points or stakes located along the pipe route. Pipe shall not be laid using side lines for line or grade. 3. As an alternative means of establishing alignment and grade, a "Laser- Beam" instrument may be utilized with a competent operator. B Location of Pipe Lines: 1. The location and approximate depths of the proposed pipe lines are shown on the Drawings. 2. The Engineer reserves the right to make changes in lines, grades, and depths of pipe lines and manholes when such changes are necessary. 3.2 PREPARATION A Identify required lines, levels, contours, and datum locations. B Protect plant life, lawns, and other features remaining as a portion of final landscaping. C Protect bench marks, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic. D Maintain and protect above and below grade utilities which are to remain. E Cut out soft areas of subgrade not capable of compaction in place. Backfill with and compact Type Al material. Trenching 02324 - 2 3.3 EXCAVATING A Excavate subsoil required for utilities to tie -in location. B Cut trenches sufficiently wide to enable installation and allow inspection. Refer to 3.4.A.1. Remove water or materials that interfere with Work. C Do not interfere with 45 degree bearing splay of foundations. D Hand trim excavation. Hand trim for bell and spigot pipe joints. Remove loose matter. E Remove lumped subsoil, boulders, and rock up to 1/3 cubic yard, measured by volume. F Correct over - excavated areas with Type Al material (see Section 02060) and compact replacement as specified for authorized excavation. G Stockpile excavated material in area designated on site and remove excess material not being used, from site. 3.4 TRENCHING A Excavations: 1. Excavation shall be dug so that the pipe can be laid and jointed properly. The trench shall be made so that the pipe can be laid to the alignment and depth as shown on the Drawings, and it shall be excavated only so far in advance of pipe laying as permitted by the Engineer. The excavation shall not be more than two feet wider at the bottom than the outside diameter of the pipe or structure. If there is no interference with construction, or adjacent property, and if soil permits, the Contractor at his own expense shall be permitted to slope the side walls of the excavation starting at a point 2 feet above the top of pipe. 2. The trench shall be excavated to the depth required so as to provide a uniform and continuous bearing and support for the pipe on bedding material at every point between joints, except where pipe slings or other lifting tackle are withdrawn. 3. Excavation Below Grade: a) Where excavation indicates that the subsurface materials at the bottom of the trench are in a loose or soft state, the Contractor shall be advised to excavate to a depth where suitable material is encountered, as directed by the Engineer. b) Where the bottom of the trench has been excavated by mistake to a greater depth than required, the Contractor shall refill this area using approved material. No additional compensation shall be given to the Contractor. Refilling with earth to bring the bottom of the trench to the proper grade will not be permitted. Trenching 02324 - 3 B Trenching in Advance of Pipe Laying: The trench for the pipe lines shall not be opened fora distance of more than 100 linear feet at any one time, unless authorized by the Engineer. Contractor shall not leave more than 50 -feet of trench open at the end of a working day, unless special conditions warrant as determined by the Engineer. Any portion of trench left open shall be covered with a steel plate or barricaded so that traffic or pedestrians cannot encounter area. 3.5 SHEETING AND BRACING A General 1. Sheeting and bracing of all excavations shall conform to the latest statutes of the State of Georgia governing safety of workers in the construction industry. When necessary, in the opinion of the Engineer or Contractor, adequate sheeting and bracing shall be installed to prevent ground movement that may cause damage or settlement to adjacent structures, pipelines and utilities. Any damage due to settlement because of failure to use sheeting or because of inadequate bracing, or through negligence or fault of the Contractor in any other manner, shall be repaired at the Contractor's expense. 2. Sides of trenches in unsuitable, loose or soft material shall be shored, sheeted, braced, sloped, or otherwise supported by means of sufficient strength to protect employees working within them. B Sheeting Requirements: 1. Where excavations are made with vertical sides which require supporting, the sheeting and bracing shall be of sufficient strength to sustain the sides of the excavations and to prevent movement which could in any way inj the Work, or adjacent structures, or diminish the working space sufficiently to delay the Work. Special precautions shall be taken where there is additional pressure due to the presence of other structures. 2. It shall be the Contractor's responsibility to select sheeting and bracing of sufficient dimensions and strength to adequately support the sides of trenches and excavations. The Contractor shall submit details of the sheeting and bracing he proposes to use to the Engineer for review. 3. Timber sheeting shall conform in quality to select structural Douglas Fir lumber and shall be sound, live timber, free from sap, large checks, shakes, loose or decayed knots, worm holes, and other imperfections which may impair its strength or durability. 4. In wet excavation grooved sheeting shall be used to prevent passage of soil. Any voids between sheeting and face of excavation shall be filled with suitable material rammed in place. Trenching 02324.4 5. Sheeting and bracing shall be removed before the completion of the Work, unless otherwise directed in writing by the Engineer. Sheeting which is left in place shall be cut off 18 inches below the original ground surface or as directed by the Engineer. Untreated wood will not be allowed to be left in place. 3.6 BACKFILLING A Backfill trenches to contours and elevations with unfrozen fill materials. B Systematically backfill to allow maximum time for natural settlement. Do not backfill over porous, wet, frozen, or spongy subgrade surfaces. C Soil Fill Type S1: From pipe bedding elevation (top of bedding material or initial aggregate backfill if specified to spring line or above), place and compact material in equal, continuous layers as specified within the drawings. D Employ a placement method that does not disturb or damage, utilities in trench. E Maintain optimum moisture content of fill materials to attain required compaction density. F Remove surplus fill materials from site. G Leave fill material stockpile areas completely free of excess fill materials. 3.7 TOLERANCES A Top Surface of Backfilling Under Paved Areas: Plus or minus% inch from required elevations. B Top Surface of General Backfilling: Plus or minus 1 inch from required elevations. 3.8 FIELD QUALITY CONTROL A (Trenching Only) Compaction testing will be performed in accordance with ASTM D698. B If tests indicate Work does not meet specified requirements, remove Work, replace, compact, and retest. C Frequency of Tests: 1 test / 100 LF / 2 feet of backfill. D Provide Engineer and Owner with testing documentation and results. 3.9 PROTECTION OF FINISHED WORK A Reshape and re- compact fills subjected to vehicular traffic during construction. Trenching 02324 - 5 4.1. SCHEDULE A Storm Sewer (Pipe Trench): 1. Cover pipe and bedding with Fill Type S1, in 6 inch lifts, compacted to 95 percent to a point 12 inches below subgrade elevation. Top 12 inches shall be compacted to 100 percent (6 inch lifts, maximum). END OF SECTION Trenching 02324 - 6 SECTION 02610 PIPE CULVERTS PART 1 GENERAL 1.1 SUMMARY A. Section includes: 1. Concrete pipe culvert (RCP). 2. Corrugated Steel Pipe (Type II Aluminized) 3. Joints and accessories. B. Related Sections 1. Section 02060 - Aggregate. 2. Section 02324 - Trenching. 1.2 REFERENCES A. American Association of State Highway and Transportation Officials: 1. AASHTO T99 - Standard Specification for the Moisture-Density Relations of Soils Using a 2.5 kg (5.5 It)) Rammer and a 305 mm (12 in.) Drop. 3. AASHTO T180 - Standard Specification for Moisture - Density Relations of Soils Using a 4.54 -kg (10 -1b) Rammer and a 457 -mm (18 -in.) Drop. 4. AASHTO M -274 — Aluminized Steel Type 2 material. 5. AASHTO M -36 — Standard Specification for Plain Galvanized Corrugated Steel Pipe. 6. AASHTO M -218 — Standard Specification for Plain Galvanized Steel Sheet / Coil (Z or Zinc). 7. AASHTO M252 — Standard specification for polyethylene corrugated drainage pipe. 8. AASHTO M294 — Standard specification for corrugated polyethylene pipe, 12 inch to 36 inch diameter. B. American Society for Testing and Materials: 1. ASTM A929/A929M - Standard Specification for Steel Sheet, Metailic- Coated by the Hot -Dip Process for Corrugated Steel Pipe. 2. ASTM C14 - Standard Specification for Concrete Sewer, Storm Drain, and Culvert Pipe. 3. ASTM A760 — Standard Specification for Corrugated Steel Pipe, Metallic Coated for Sewers and Drains. 4. ASTM C76 - Standard Specification for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe. 5. ASTM C443 - Standard Specification for Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets. Pipe Culverts 02610 - 1 6. ASTM D698 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf /ft3 (600 kN- m/m3)). 7. ASTM D1557 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (6,000 ft-Ibf /ft3 (2,700 kN- m /m3)). 8. ASTM D2922 - Standard Test Method for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). 9. ASTM D3017 - Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). 10. ASTM A536 - Ductile iron Castings. 11. ASTM A48 — Gray Iron Castings. 12. ASTM C564 — Rubber Gaskets for Cast Iron Soil Pipe & Fittings. 13. ASTM F405 - Standard specification for corrugated polyethylene pipe and fittings. 14. ASTM F477 — Standard specification for elastomeric seals for joining plastic pipe. 15. ASTM F667 — Standard specification for large diameter corrugated polyethylene pipe and fittings C. Contech Construction Products, Inc. — Product Manual. D. Advanced Drainage Systems, Inc. — Product manual. 1.3 SUBMITTALS A. Product Data: Submit data on pipe, fittings and accessories, including reinforcement details as applicable. B. Manufacturer's Installation Instructions: Submit special procedures required to install Products specified. PART 2 PRODUCTS 2.1 CONCRETE PIPE A. Reinforced Circular Concrete Pipe: ASTM C76, Class Ili 1. Bell and spigot end joints Reinforced Concrete Pipe Joint Device: ASTM C443, rubber compression gasket joint. 2.2 BEDDING AND COVER MATERIALS A. Bedding: Fill Type Al, as specified in Section 02060. B. Cover: Fill Type S1, as specified in Section 02055. Pipe Culverts 02610 - 2 PART 3 EXECUTION 3.1 EXAMINATION A. Verify trench cut is ready to receive work and excavations, dimensions, and elevations are as indicated on drawings. 3.2 PREPARATION A. Remove large stones or other hard matter which could damage piping or impede consistent backfilling or compaction. B. Brace, shore and protect adjacent utilities at crossings of all existing or proposed utilities. 3.3 EXCAVATION AND BEDDING A. Excavate culvert trench in accordance with Section 02324 for work of this Section. Hand trim excavation for accurate placement of pipe to elevations indicated. B. Place bedding material at trench bottom, level fill materials in one continuous layer not exceeding 4 inches compacted depth, compact to 95 percent. Perform work as per detail provided in plans. C. Maintain optimum moisture content of bedding material to attain required compaction density. 3.4 INSTALLATION - PIPE A. Lift or roll pipe into position. Do not drop or drag pipe over prepared bedding. B. Shore pipe to required position; retain in place until after compaction of adjacent fills. Ensure pipe remains in correct position and to required slope. C. Install cover at sides and over top of pipe. Assure compaction around pipe haunch. D. Maintain optimum moisture content of bedding material to attain required compaction density. 3.5 ERECTION TOLERANCES A. Lay pipe to alignment and slope gradients noted on Drawings; with maximum variation from indicated slope of 1/8 inch. Pipe Culverts 02610 -3 3.6 FIELD QUALITY CONTROL A. Compaction Testing: In accordance with ASTM D698. B. When tests indicate Work does not meet specified requirements, remove Work, replace and retest. C. Frequency of Tests: 1 test per 100 linear feet per 2 feet of backfill. 3.7 PROTECTION OF INSTALLED CONSTRUCTION A. Protect pipe and bedding from damage or displacement until backfilling operation is in progress. END OF SECTION Pipe Culverts 02610 - 4 SECTION 02721 AGGREGATE COURSE PART 1 GENERAL 1.1 SUMMARY A. Section includes aggregate course for parking area and trail. B. Related Sections: 1. Section 02750 - Concrete Construction 1.2 REFERENCES A. AASHTO T180 (American Association of State Highway and Transportation Officials) - Moisture - Density Relations of Soils Using a 10-lb Rammer and an 18- in. Drop. B. ASTM D698 — Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft- Ibf /ft3 (600 kN- m /m3)). C. ASTM D1557 - Test Methods for Moisture - Density Relations of Soils and Soil - Aggregate Mixtures Using 10 lb Rammer and an 18 inch Drop. D. ASTM D2167 - Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. E. ASTM D2922 - Test Methods for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). F. ASTM D3017 - Test Methods for Moisture Content of Soil and Soil- Aggregate Mixtures. G. Georgia Department of Transportation Standard Specifications for Transportation Systems, 2001 Edition. PART 2 PRODUCTS 2.1 MATERIALS A. Graded Aggregate Base Course shall be as specified within Georgia Department of Transportation Standard Specifications, Section 310. PART 3 EXECUTION 3.1 EXAMINATION A. Verify substrate has been inspected and is dry. B. Verify gradients and elevations are correct. Aggregate Course 02721 - 1 3.2 PREPARATION A. Correct irregularities in substrate gradient and elevation by scarifying, reshaping and re- compacting. B. Do not place fill on soft, muddy or frozen surfaces. 3.3 AGGREGATE PLACEMENT A. Spread aggregate over prepared substrate to a total specified thickness. B. Place aggregate in maximum 4 inch layers and compact to specified density. C. Level and contour surfaces to elevations and gradients indicated. D. Add small quantities of fine aggregate to coarse aggregate as appropriate to assist compaction. E. Add water to assist compaction. If excess water is apparent, remove aggregate and aerate to reduce moisture content. F. Use mechanical tamping equipment in areas inaccessible to compaction equipment. 3.4 TOLERANCES A. _ Tolerances shall be as specified within Georgia Department of Transportation Standard, Section 310. 3.5 FIELD QUALITY CONTROL A. Finished aggregate course shall be proof rolled in the present of owners representative. B. Proof Roll Tests: Contractor to proof roll exposed subgrade using full dump truck prior to aggregate placement. END OF SECTION Aggregate Course 02721 - 2 SECTION 02750 CONCRETE CONSTRUCTION PART 1 GENERAL 1.1 SUMMARY A. Section includes concrete paving. 1.2 REFERENCES A. ACI 301 (American Concrete Institute) - Specifications for Structural Concrete for Buildings. B. ACI 304 (American Concrete Institute) - Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete. C. ASTM A185 - Welded Steel Wire Fabric for Concrete Reinforcement. D. ASTM A497 - Welded Deformed Steel Wire Fabric for Concrete Reinforcement. E. ASTM A615 - Deformed and Plain Billet -Steel for Concrete Reinforcement. F. ASTM C33 - Concrete Aggregates. G. ASTM C94 - Ready Mix Concrete. H. ASTM C150 - Portland Cement 1. ASTM C260 - Air - Entraining Admixtures for Concrete. J. ASTM C309 - Liquid Membrane- Forming Compounds for Curing Concrete K. ASTM C494 - Chemical Admixtures for Concrete. L. ASTM D1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction. M. ASTM D1752 - Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction. N. Georgia Department of Transportation Standard Specifications for Construction of Transportation Systems. 0. W. R. Grace Admixtures and Specialty Concrete Product Manual. 1.3 QUALITY ASSURANCE A. Perform Work in accordance with Georgia Department of Transportation Standard Specifications Sections 441 and 500 and as specified on drawings. Concrete Construction 02750 - 1 B. Provide Engineer with mix design and specification conformity documentation prior to placing concrete. PART 2 PRODUCTS 2.1 FORM MATERIALS A. Form Materials: As specified in Georgia Department of Transportation Standard Specifications, Section 441 and 500. 2.2 CONCRETE MATERIALS A. Concrete Materials: Provide in accordance with Georgia Department of Transportation Standard Specifications, Sections 441 and 500. B. Concrete to be Class A and have a 28 -day compressive strength of not less than 3000 psi. C. All concrete installed shall be fiber reinforced. Fibers shall be 1 /2 inch or 3 /4 inch collated polypropylene fibers as manufactured by W. R. Grace and Co. — Conn.; Cambridge, MA 02140. The addition rate for Grace fibers shall 1.5 lbs /cubic yard of concrete. Fiber shall be added at the ready mix concrete plant at the time of batching to assure complete dispersion in the concrete. 2.3 CONCRETE MIX A. Mix and deliver concrete in accordance with Georgia Department of Transportation Standard Specifications, Section 500. PART 3 EXECUTION 3.1 EXAMINATION A. Verify compacted subgrade is acceptable and ready to support paving and • imposed loads. B. Verify gradients and elevations of base are correct. 3.2 SUBBASE A. Section 02311 - Grading 3.3 PREPARATION A. Moisten base to minimize absorption of water from fresh concrete. B. Coat surfaces of manholes and grate trap frames with oil to prevent bond with concrete pavement. Concrete Construction 02750 - 2 3.4 FORMING A. Forms shall be assembled, placed and maintained as per Georgia Department of Transportation Standard Specifications, Section 500. 3.5 PLACING CONCRETE A. Place concrete in accordance with Georgia Department of Transportation Standard Specifications, Sections 441 and 500. 3.6 JOINTS A. Place joints in accordance with Georgia Department of Transportation Standard Specifications Sections 441 and 500 and as indicated on plans. 3.7 FINISHING A. Unless otherwise noted, concrete shall be finished in accordance with Georgia Department of Transportation Standard Specifications, Sections 441 and 500. 3.8 TOLERANCES A. Minimal acceptable thickness tolerance shall be as stated in Georgia Department of Transportation Standard Specifications, Sections 441 and 500. 3.9 PROTECTION A. Immediately after placement, protect concrete from premature drying, excessive hot or cold temperatures and mechanical injury. END OF SECTION Concrete Construction 02750 - 3 SECTION 02924 SEEDING AND SOIL SUPPLEMENTS PART 1 GENERAL 1:1 SUMMARY A Section includes preparation of subsoil; placing topsoil; hydroseeding, fertilizer; and maintenance for areas not receiving sod. 1.2 DEFINITIONS A Weeds: Include Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel, and Brome Grass. 1.3 REFERENCES A Manual For Erosion and Sediment Control in Georgia, current edition. B Georgia Department of Transportation Standards and Specifications. 1.4 CLOSEOUT SUBMITTALS A Operation and Maintenance Data: Include maintenance instructions, cutting method and maximum grass height; types, application frequency, and recommended coverage of fertilizer. 1.5 MAINTENANCE SERVICE A Maintain seeded areas immediately after placement until grass is well established and exhibits a vigorous growing condition. B Maintain mulched area as to assure all disturbed areas are completely covered with mulch. PART 2 PRODUCTS 2.1 SEED MIXTURES (TEMPORARY AND PERMANENT) A Seed Mixture: 1. See seed mixture shown on Soil Erosion Control detail sheet. Seeding and Soil Supplements 02924 - 1 2.2 SOIL MATERIALS A. Topsoil (if importing): Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken from drained site; free of subsoil, clay, or impurities, plants, weeds and roots; pH value of minimum 5.4 and maximum 7.0. B. Topsoil excavated from site may be used if kept moist and free of weeds during construction. 2.3 ACCESSORIES A. Fertilizer: recommended for grass; of proportion necessary to eliminate any deficiencies of topsoil to the following proportions: Nitrogen 10 percent, phosphoric acid 10 percent, soluble potash 20 percent. B. Water: Clean, fresh and free of substances or matter which could inhibit vigorous growth of grass. C. Herbicide: As recommended for grass types used. D. Temporary Mulch: 3" -thick wheat straw. PART 3 EXECUTION 3.1 EXAMINATION A. Verify that prepared soil base is ready to receive the Work of this section. 3.2 PREPARATION OF SUBSOIL A. Prepare sub -soil to eliminate uneven areas and low spots. Maintain lines, levels, profiles and contours. Make changes in grade gradual. Blend slopes into level areas. B. Remove foreign materials, weeds and undesirable plants and their roots. Remove contaminated sub -soil. C. Scarify subsoil to a depth of 3 inches where topsoil is to be placed. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has compacted sub -soil. 3.3 PLACING TOPSOIL A. Spread topsoil to a minimum depth of 4 inches over area to be seeded. Rake until smooth. B. Place topsoil during dry weather and on dry unfrozen subgrade. Seeding and Soil Supplements 02924 - 2 C. Remove vegetable matter and foreign non - organic material from topsoil while spreading. D. Grade topsoil to eliminate rough, low or soft areas, and to ensure positive drainage. E. Install edging at periphery of seeded areas in straight lines to consistent depth. 3.4 FERTILIZING A. Apply lime and fertilizer based on the results of the soil test(s). B. Apply after smooth raking of topsoil and prior to roller compaction. C. Do not apply fertilizer at same time or with same machine as will be used to apply seed. D. Mix thoroughly into upper 2 inches of topsoil. E. Lightly water to aid the dissipation of fertilizer. Irrigate uniformly the top level of soil. 3.5 HYDROSEEDING A. Apply fertilizer, mulch and seeded slurry with a hydraulic seeder at a rate of 4 -6 Ibs /1040 square feet within one hour after being combined in hydroseeder. B. After application, apply water with a fine spray immediately after each area has been hydroseeded. Saturate to 4 inches of soil and maintain moisture levels two to four inches. C. Contractor to maintain mulch and may be required to add mulch to disturbed /seeded areas as conditions require. 3.6 SEEDING A. Apply seeding as per plans 3.7 SEED PROTECTION A. Contractor to protect seeded areas. END OF SECTION Seeding and Soil Supplements 02924 - 3 9- a 4 . Q g " � 0 w 9 R .j '; l ;7e t 0 010 6 � � � �a 3r � �,c • a el y r 6* g Pal 1 - LW s - a lg..'" 1 ). op ° r" I I__ _ x __ _ r �_ P a - 2 I CO NCO .2 : Z e .- w$ •m i Is- •:1' Tr a '2 C $ °• v° g i 1 I- N N K • > ' • s� • r 4 r e zz d a 21 g �!� p.m 3 Ir)¢¢ to 1.... �p S N LL 0D ez b • • s 'I az • so et 0 g i r ^mo .. c W t t yr W a g �— I- OI- z W • N �$ Ss C3 z1 -oc00 ,.s Q N AWN C X o � 0 n•°• S � � S . - 0 z CCU =o " �"3 S': C N OG - I-- 0 0 &g 71 s 0 0 a, z v. • cc ¢ • L - • w _ _�_ > o� a 4) LL w 0 at r • N v nsr I. Dar z CI. 11 2r 4) �s 4 - ' iO4 la '-' rap A E _� CO A 7 II C L - I r < ++ Aa w 41 • 41 z ! S �� ■ .1 A 12 03 e > Q ar o so O 4- < C 0 eg" N ++ CO n0a . 4 0) $ s L N 0• • C 4) ++ O _ 4) 0 . • • C 3 O C5 0 V ++ 7 r- , W ns E .. .. .. .. .. -.2 CO ED C C C+ _ � - L C = C + _ C) 4) 0 0 m n L V ¢N 21 4 0 --+ C W N J 0 L I- CC W O - n t N W 0 a CO I- I- M0¢ L1 CC ' "" 6 ," " Mi The Applicant shall incorporate, or cause to be incorporated, into all construction contracts exceeding $10,000 the following Equal Employment Opportunity clauses: "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or handicapping condition. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, national origin, or handicapping condition. Such action shall include but not be limited to, the following: Employment, upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provision of this nondiscrimination clause. "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or handicapping condition. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246, as amended (3 CFR 169 (1979)), and shall post copies of notices in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order 11246, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports required by Executive Order 11246, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of 1 investigation to ascertain compliance with such rules, regulations and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules regulations, or orders of the Secretary of Lab issued pursuant to Section 204 of Executive Order 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sancti for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 2 ' 1 4 ! j / co. / — i' / C / / i // / / / (� I / / 1 1 \ \\ / '/ 1 11 t a / I \ / 11 i 1 C \ 1 . • j J I! ! i r ' \ \ i i t i r 1 \ i \ 5: 73 1 I, 1 `\ \e ` / 1 1 / i t 1 \ I \ \`\ \ \ } \\ / 1 rf l 11 fJ J m / � '/ • / 1 i i t \ \ / I I I Z \ \ 1 \\ \ / 1 1 I 03/ V 1 \ \ \\ \ 1 f + / i \ \ \ \ 1 I + d / / I ^\ \ 1 \\ \\ I I N �l I ! 1 1 ■ \ \ \ \ \ ■ \ \ \ \ \ \ \\ \ , `\ '\ `\ `\ \ \ \ \ ` \ \ \ `\ \\ \\ \\ W O 1 / // -aa \ \\ 1 \ \ \ 1 • J ‘P.&/%\ \\\ 0 \\ \ G7 \\ ` v I I \Nr 13 1 .' \ \ { 1 \ \ \ \ \ \ \ G 3 co N X!k 4 \ NT 73 CD 0 \\ `\ \ \ \ 1 1 fi \ `\ \ � \ \ ` 11 0 \ \ \ \ \ \ \ \\\ \ 1 '# \ \ \ p D \ \ \` \ \ \ \ \ \\ I / \ i I i I \\ n\" ` \� \ ` \ \ � \ \ � '\ 1 \` \ R 1 1 1 \ \ \ \\ \ \ \ \ \\ 1 \ t I 1 1 `\ `\ \ \ \ \ ` \ \ \ \ \ \ \ \ \ ` \ \ I \ - --'. - \ \ \ \ \ \ \\ O 1 1 \ \ \ \ \ i t % 1\1\-"\\:\\\ .\ \ \ — — \ t \ \ \\ \\ \ \ \\ \\ '\ \\ VI \ \j 1 11 1 \ 1 \ , \ \ \ \ \ 1 1111 {{ \ ` \ \ \ \ 1 \� \1 \ \\ \ \\ 1 1 11 \ ' \ \ 1 \� \\ \ I \ \ \ \ a ' . \ \ \ w \ \ . 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Engineers • Consultants • Planners Planning and Zoning 525 Telfair St. Augusta, GA 30901 Phone: (706) 821 -1796 Fax: (706) 821 -1806