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HomeMy WebLinkAboutCONTRACT WITH BEAMS CONTRACTING, INC. TO CONSTRUCT THE FORT GORDON BLOCK 10 IRRIGATION REPLACEMENT AND BEAUTIFICATION PROJECT, BID ITEM #18-245, TASK ORDER PROGRAM (2) G E R,,_C I A 1 Bid Specifications Bid Item,#18-245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon — ' Task Order Program ' For Augusta, Georgia— Utilities Department ' Bid Due: Tuesday, July 3, 2018 @ 11:00 a.m. Thanks for doing business with us.. . ' Geri A.Sams,Procurement Director 535 Telfair Street, Room 605 Augusta, Georgia 30901 Rev.1/12/2015 ' Bid 18-245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon Bid Due:Tuesday,July 3,2018 @ 11:00 a.m. Page 1 of 15 VII 1 ' invitation to Bid Seated bids wilt be received at this office until Tuesday,July 3,2018 @ 11:00 a.m.for furnishing: Bid item#18-245 irrigation Replacement and Beautification Plans Block 10 Fort Gordon-Task Order—for Augusta,GA -Utilities Department Bids will be received by Augusta,GA Commission hereinafter referred to as the OWNER at the offices of: Geri A.Sams,Director ' Augusta Procurement Department 535 Telfair Street-Room 605 Augusta,Georgia 30901 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street— Room t 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 $60.00. 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.augustablue.com)at no charge through Augusta Blue Print (706 722-6488) beginning Wednesday, April 13, 2018. 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. A Mandatory Pre Proposal Conference will be held on Friday,June 15,2018 @ 10:00 a.m.In the Procurement Department,535 Telfair Street,Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustag_a, ov to the office of the Procurement Department by Tuesday,June 19,2017 @ 5:00 P.M. No bid will be accepted by fax, all must be t received by mail or hand delivered. No proposal may be withdrawn for a period of sixty(60) days after RFPs have been opened, pending the execution of contract with the successful vendor. A 100%performance bond and a 100%payment bond will be required for award. Invitation for bids and specrfJcations, 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 requirement 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. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail,fax or email as follows: Augusta Procurement Department Attn: Geri A.Sams,Director of Procurement 535 Telfair Street,Room 605 Augusta,GA 30901 Fax: 706-821-2811 or Email:procbidandcontractPaugustaga.gov No bid will be accepted by fax,all must be received by mail or hand delivered. GERI A.SAMS,Procurement Director Mailed to Pre-Qualified Task Order Vendors June 11,2018 Publish: Cc: Janice Allen Jackson Administrator Torn Wiedmeier Utilities Department Revised: 7/19/2o16 Bid 18-245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon ' Bid Due:Tuesday,July 3,2018 @ 11:00 a.m. Page 2 of 18 1 1 1 1 1 1 1 1 1 1 1 1 I I • IiNSTRUCTK)NS TO SUBMIT 1.7 Minority/Women Business Enterprise(MWBE)Policy: I 1.1 Purpose:The purpose of this document is to provide Court Order Enjoining Race-Based Portion of DBE general and specific information for use by vendors In gender conscious Disadvantaged Business Enterprises submitting a bid to supply Augusta, Georgia with Program Augusta, Georgia does not have a race or equipment, supplies, and or services as fisted above. (DBE)program for projects having Augusta, Georgia I as the source of funding. Augusta does enforce All bids are governed by the Augusta,Georgia Code, mandatory DBE requirements of federal and state agencies on contracts funded by such agencies and 1.2 Viewing the Augusta Code: All bids are governed and hos a DBE Program to comply with U.S. Department I awarded in accordancewith the applicable federal and of Transportation (DOT), Federal Transit state regulations and the Augusta, Georgia Code. To view the Code visit Augusta's website at Administration(FTA),Federal Aviation Administration (FAA) and other federal and state mandated DBE requirements for certain DOT, FTA, FAA, and other www.augustaga. ov or I http//www.augustasa.gov/index.aspx7NID=685 federal and state assisted contracts as required by 49 Guidelines&Procedures. C.F.R. Part 26, et. seq. and/or 49 C.F.R. Part 23, et. seq. This DBE program is only for DOT, FTA and FAA 1.3 Compliance with laws:The Proponent shall obtain and assisted contracts and other federal or state funded I maintain all licenses, permits, liability Insurance, contracts having mandatory DBE requirements. (See workman's compensation insurance and comply with Article 13 of the Augusta,GA.Code.) any and all other standards or regulations required by federal, state or Augusta, Georgia statute, ordinances Augusto, Georgia prohibits any language in any I and rules during the performance of any contract solicitation, bid or contract that is inconsistent with between the Proponent and Augusta, Georgia. Any such requirement specifically set forth In any contract the July 21, 2011 Court Order In the case, ThompsonWrecking, inc. v. Augusta Georgia, civil action No. document between the Proponent and Augusta, 1:07-CV-019. Any such language appearing in any I Georgia shall be supplementary to this section and not Augusta, Georgia solicitation, bid or contract is void In substitution thereof. and unenforceable. 1.4 Bid's for All or Part:Unless otherwise specified by A coiw of this Order can be reviewed at I Augusta,Georgia or by the proponent,AUGUSTA, www.augus[oaa.aovborne page. GEORGIA RESERVES THE RIGHT TO MAKE AWARD ON 1.8 Augusta, Georgia License Requirement: For further ALL ITEMS,OR ON ANY OF THE ITEMS ACCORDING TO THE BEST INTEREST OF AUGUSTA,GEORGIA, information, contact the License and inspection I Proponent may restrict his bid to consideration in the Department @ 706 312-5050. aggregate by so stating,but must name a unit price on each item submitted upon. General Contractors License Number: If applicable, in accordance with O.C.G,A. §43-41, or be subjected to I 1.5 All protest shall be made In writing to: penalties as may be required by law, Attn: Geri A.Sams Director of Procurement Utility Contractor License Number: If applicable, in I 535 Telfair Street,Room 605 accordance with O.C.G.A. §43-14, or be subjected to Augusta,GA 30901 penalties as may be required by law, Fax: 706-821-2811 or Email: procbidandcontract@aueustaea.gov 1 9 Terms of Contract:(Check where applicable) I (J(A)Annual Contract 1.6 Local Vendor Preference:The Local Vendor Preference [X](B)One-time Purchase. policy shall only be applied to projects of one hundred 0(C)Other thousand dollars($100,000)or less and only when the I lowest local qualified bidder is within 10%or$10,000, whichever is less of the lowest non-local bidders. I Revised 2/11/2016 I IBid 18-245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon Bid Due:Tuesday,July 3,2018 @ 11:00 a.m. I Page 3of15 I I I I I I I I I I I I I I I I I I I I I I ice= o *A).::'a .rd'.+3, A I INOTICE TO ALL VE&DORS 1 (PLEASE READ CAREFULLY) I ADHERE.TO THE BELOW INSTRUCTIONS AND DO NOT SUBSTITUTE FORMS f PLEASE READ CAREFULLY: I . Attachment B Is a consolidated document consisting of ` 1..Business License Number Requirement(must be provided) 2. Acknowledgement of Addenda(must be acknowledged, if any) I 'Statement of Non Discnminatictn 4. :Non-Coliusbn Affidavit of Prime Proponent/Offeror. . 5. ;Conflictof Interest 6 Contractor Affidavit and Agreement(E Verify User ID Number must be provided)... 1Attachment B Not�ied ales 8then PMust,bee returned with ybur submittal-4.1.2 Exceptions. Business License Requirement: Proponent must be licensed:in the Governmental entity for where:they do the majority of`their business Your company's-..business license number must be provided .on Page 1 of Richmond nty I Attachment.8 If your•Governmental entity(State or,Local) does riot require:;a business license will be required to obtain'a coubusiness:license if awarded a:-contract.; For further information,p +e and Inspection epar contact the:Licertstment.0 706 312 5a5o Acknowiedgernen Ad en acknowledge all Addenda. See Page 1 of Attachment B. of ¢ c)a:You Must E,Verify"User Identification Number(Company 1...D.,)The,recommended aw arded vendor..will be:required to provide Si copy of Homeland Security's Memorandum .Of Understanding(MOU). . i Affidavit Verifying Status.for Augusta Benefit Application(S.A.V E.Program)(Must Be Returned With t I I Your.'Submittal} Return Only If Applicable: 4 II. The Exception Sheet(if applicable) 2. Local Vendor Registration(if applicable) I The successful proponent will submit the following forms 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 Il. Georgia Security and Immigration Subcontractor Affidavit 2. Non-Collusion Affidavit of Sub-Contractor I WARNING: Please review"Notice to Proponent" regarding Augusta Georgia's Local Small Business Opportunity Program Proponent Requirements. g I Vendors are cautioned that acquisition of bid documents through Procurement Department is not advisable. Acquisition of bid documents from source unauthorized sources places the proposer at the risk of receiving incomplete or inaccurate Information upon which to base his qualifications. Bids are publicly opened. It is your responsibility to ensure that your company has met the Specifications and I Rev,8/6/2015 Licenses'requirements prior to submitting a bid. IBid 18-245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon Bid Due:Tuesday,July 3,2018 @ 11:00 a.m. Page 4 of 15 I I I I I I I I I I I I I I I I I I I I 1 I G /E'` O R OIA Attachment B You Must Complete and Return the 2 pages of Attachment B with Your Submittal. Document Must Be Notarized. Augusta, Georgia Augusta Procurement Department IATTN: Procurement Director 535 Teifair Street, Suite 605 Augusta, Georgia 30901 Name of Proponent: I Street Address: City, State,Zip Code: Phone: Fax: I Do You Have A Business License? Email: Yes: No: Augusta,GA Business License#for your Company(Must Provide):_ Or Your State/Local Business License#for your Company(Must Provide): Utility Contractors License#(Must Provide if applicable): MUST BE LISTED ON FRONT OF ENVELOPE General Contractor License#(Must Provide if applicable): Additional Specialty License#(Must Provide If applicable): NOTE: Compadoes not ny must be licensed In the Governmental entity for where they do the majority of their business. if your Governmental entity Procurement will Richmond County business Ucenseuire a nusiness Iff awarded anBID. Fore state furtheranformation regarding Augusta, GA), rlicense requirementwill be gs,�rpleaseo I the License and Inspection Department @ 708 312-5050. contact List the State, City&County that issued your license: Acknowledgement of Addenda:(#1) :(#2) :(#3) (#4) :(#5) 111 (#6)CHECK APPROPRIATE BOXES)-ADD ADDITIONAL (#7) AS APPLICABLE Statement of Non-Discrimination NUMBERS The undersigned understands that It Is the policy of Augusta, Georgia to promote full and equal business opportunity for all persons doing business with Augusta,Georgia. The undersigned covenants that we have not discriminated,on the basis of race,religion,gender,national 111 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 proposal or contract awarded by Augusta,Georgia. 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, Georgia's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the proposer/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; I 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 shall constitute the failure material breach Company of contract satisfactorily rr discharge any ia to declare of the stheocontract in default and to xercisetanfoyhandr all applicable rights remedies Including but not limited to cancellation of the contract, termination of the contract, suspension and deba from future contracting opportunities,and withholding and or forfeiture of compensation due and owing on a contract, anent Noncollusion of Prime Proponent By submission of a proposal,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 I 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 proposal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. IBid 18-245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon Bid Due:Tuesday,July 3,2018 @ 11:00 a.m, I Page 5 of 15 P I I I I I I I I I I I I I I I I I I I I Conflict of Interest ' By submission of a proposal,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 BID,and 2.That no employee of the County,nor any member thereof,not any public agency or official affected by this BID,has any pecuniary Interest ' in the business of the responding firm or his sub-consultant(s) has an performance related to this BID y interest that would conflict in any manner or degree with the By submission of a proposal,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 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 proposal 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. 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,Georgia 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. 99-6031, 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 withAugusta, Georgia 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, Georgia 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(Company I.D.)on or after July 1,2009. admn , tosite: ' httpFors:i/ditionale-verifyuscis.govinforatioienroortoili enroll and/oryour httcompanyu://www,dol.stvisitahete.usState us/pdf/rules,ofGe /30rgia 0web10 1 pdf `*E-Verify*User Identification Number(Company I.D.) NOTE: E-VERIFY USER IDENTIFICATION NUMBER(COMPANY ID.)MUST BE PROVIDED: IN ADDITION,THE ' RECOMMENDED AWARDED VENDOR WILL BE REQUIRED TO PROVIDE A COPY OF HOMELAND SECURITY'S MEMORANDUM OF UNDERSTANDING(MOU) The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta,Georgia Board of Commissions specifications which govern this process. In addition,the undersigned agrees to ' submit all required forms for any subcontractors)as requested and or required. I further understand that my submittal will be deemed non-compliant if any part of this process is violated. ' Company Name - BY: Authorized Officer or Agent ' (Contractor Signature) ' Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent ' SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 Notary Public NOTARY SEAL My Commission Expires: You Must Complete and Return the 2 pages of Attachment B with Your Submittal.Document Must Be Notarized. REv.2/17/2016 ' Bid 18-245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon Bid Due:Tuesday,July 3,2018 e l 11:00 a.m. ' Page 6 of 15 I I I I I I I I I I I I I I I I I I I I I G E'. 0 R G . I A IISystematic Must Complete and Return with Your Submittal, Document Must Be Notarized Systematic Alien Verification for Entitlements(SAVE) Program Affidavit Verifying Status for Augusta, Georgia Benefit Application By executing this affidavit I under oath, as an applicant for an Augusta, Georgia Business License or Occupation Tax Ce , Alcohol License, Taxi Permit, Contract or other public benefit as reference in O.C,G.A.Section 50-36-1,rIiamficatestating the I following with respect to my bid for an Augusta, Georgia contract for MB Project Number arid Project Name) I jPrint/Type:Name of natural person applying on behalf of individual,business,corporation,partnership,or other private entity] IfPrint'r'pe: Name of business,corporation,partnership,or other private entity] 1.) I am a citizen of the United States. OR I 2.) I am a legal permanent resident 18 years of age or older. OR 3.) I am an otherwise qualified alien(8§ USC 1641)or nonimmigrant under the Federal Immigration and Nationality Act(8 USC 1101 et seq.)18 years of age or older and lawfully present in the United States.* I In making the above representation under oath, t understand that any Wully makes a false,fictitious,or fraudulent statement or representation In an affidavit t shall be gwho uilty ty ofagly iolation I pg lty a violation of Code Section 16-10-20 of the Official Code of Georgia. I Signature of Applicant Printed Name I *Aikn , Registration Number for Non-Citizens I SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,20 INotary Public My Commission Expires: NOTARY SEAL Note: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL REV.2/17/2016 I gid 1&245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon Bid Due:Tuesday,July 3,2018 @ 11:00 a.m. I Page 7 of 15 r I I I I I I I I I I I I I I I I I I I I I I Local Small Business Opportunity Program OrdinanceReparticipation of local small businesses;and(c)agreement Notice To All not to engage in discriminatory conduct of any type, Notice To Bidders(PLEASE READ CAREFULLY) (Ii) Proposed Local Small Business Shall apply to ALL Bids regardless of the dollar amount Subcontracii)Documentationppller Utilizationof Plan, I In accordance with Chapter 30B of the AUGUSTA, GA. (iii) Good Faith Efforts to use Cooc, Contractors agree to collect and maintain all records local small businesses. necessary to for Augusta, Georgia to evaluate the effectiveness of Failure to submit the above documentation shall its Local Small Business Opportunity Program and to make such result in the bid being declared non-responsive. records available to Augusta, Georgia upon request. The (d)Post Contract Award Requirements.The purpose of I requirements of the Local Small Business Opportunity Program can this sub section is to establish requirements for contractor be found at www.auguetaea.gov. In accordance with AUGUSTA,GA, Cooe, Contractors shall report to Augusta, Georgia the total dollars compliance with the LSBOP after a contract has beenawarded. This is incorporated into at Augusta, Georgia paid to each subcontractor, vendor, or other business on each Contracts for which a local small business goal has been I contract, and shall provide such payment affidavits, regarding established or negotiated. payment to subcontractors,If any as required by Augusta,Georgia. (1) Contractors shall have an affirmative, Such utilization reports shall be In the format specified by the ongoing obligation to meet or exceed the committed local Director of Minority and Small Business Opportunities, and shall be small business goal for the duration of the contract, The submitted at such times as required by Augusta, Georgia. Required Augusta,Georgia may deem a contractor to be In violation I forms can be found at www.auaustaaa.gov. If you need assistance of the a,LSBOPGeorgia and in breach of its contract if at any time completing a form or filing Information, please contact the LSBO Augusta, determines that Program office at(706) 821-2406, Failure to provide such reports (a) The contractor will not meet the committed within the time period specified by Augusta, Georgia shall entitle local small business goals;and I Augusta,Georgia to exercise any of the remedies set forth,including (b) the reasons for the contractor's failure are • but not limited to, withholding payment from the Contractor and/or within the contractor's control,For example,If a contractor collecting liquidated damages, does not meet the local small business goal because the To print a copy of the Prime Contractor Data Collection Form contractor terminated a local small business without cause visit: htta://www.auoustaqa.qovendex.ascx?NiD=1672 16;2 or if the contractor caused and local small business to I Website: httpa/www_aucustaga.cov/index.asax?nid=8i withdraw from the project without justification, then Augusta, Georgia Is justified in finding the contractor to be SHALL APPLY TO PROJECTS x100,000 8,UP in violation of the LSBOP. Local Small Business Opportunity Program(Continued) (h)Compliance. Sec.1-10-120.Local small business opportunities program (4) The Director of minority and small business I participation. opportunities shall be responsible for evaluating good faith (a) Sealed Bids The following procedures and contract requirements will be used to insure that local small efforts documentation and subcontractor Informationsubmitted by bidders in conformance with,the AUGUSTA, businesses are encouraged to participate in Augusta, GA.CODE and any State and Federal Laws applicable to any bid I Georgia contracts,including but not limited to consconstructionaspecificationstecontract,for competitive sealed bid projects contracts, requests for professional services and the prior to award of the performance of public works contracts. The Augusta, (I)Competitive Bide, Georgia user department indicate goals for local Nothing in this Policy is to be construed to require small business in all s shalllion for contracts over Augusta,Georgia to award a bid contract to other than the lowest responsible bidder, or to require contractors to I $100,000 in value: (1) Bid conditions for contracts awarded by award to subcontractors, or to make significant material Augusta, Georgia will require that, where subcontracting purchases from local small businesses who do-not submit goal is utilized in performing the contract, the bidder orthe best overall pricing to Augusta,Georgia. proponent, will make Good Faith Efforts to subcontract Sec. 1-10-130.Exceptions—federallyfunded I protects, with or purchase supplies from local small businesses.Bid In accordanceulizedwith with§1 federally u and Chprojects,apter 10 o the LSBOP specifications will require the bidder or proponent to keep shall only asbauthorizedteral andel gia) laws, regulationsgons or records of such efforts that are adequate to permit a contracts by federal (and Georgia) and conditions applicable to such prowls. To the extent that there determination of compliance with this requirement. I (2) Each bidder shall be required to provide are the conflicts between any such laws, regulations) lws, or conditions documentation of achievingand the LSBOP, the federal (and Georgia) laws, regulations and of Good Faith Efforts to engage)local smalllldocumentationsinesses conditions shall control, NOTE: All forms should be submitted In a separate, sealed subcontractors or suppliers, the names of local smell businesses and other subcontractors to whom it intends to envelope labeled Local Small Business Required Forms, I award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed, recorded on Company's Name&Bbd Number the form(s)provided or made available as part of the bid For questions and or additional information please package. If there are no sub-contracting opportunities, contact: I (6) bidder shall so Indicate on the appropriate form. All bid documents shall require bidders or . Kalli , proponents to submit with their bid the ( ng written Local Small Business Opportunity Program, documents, statements or forms, which shall shall be made available by the Procurement Department. 535 Telfair Street,Room 710, ' (i) Non-Discrimination Statement which shall Augusta, Georgia 30001 Augusta, affirm the bidder's: (a) adherence to the policies of (7016)821-2406. Georgia relating to equal opportunity in contracting; (b)agreement to undertake certain measures Website: http://www.auqustaga.gov/index.aspx?nid=83 as provided in this policy to ensure maximum practicable i Revised 2-11-16 I Bid 18-245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon Bid Due:Tuesday,July 3,2018 @ 11:00 a.m. Page 8 of 15 P i i i 1 1 Local Small Business Goal The Local Small Business Opportunity Program to be set on all applicable Augusta, Georgia ovvides for er$100 0cal 00 ll Business goals 1 Local Small Business goal for this procurement is: 0 in value.' The 1 1 1 All bidders or proposers shall submit the following with their bid or proposal as required by Augusta, GA Code § 1-10-129:2 1 1. Non-Discrimination Statement: As required by the Procurement document.' 1 2. Proposed Local Small Business Subcontractor/Supplier Utilization Plan. 3. Documentation of Good Faith Efforts to use local small businesses. 1 4. Local Small Business Utilization document. 1 1 Failure to submit the above documentation shall result in the bid or proposal being declared non-responsive. 1 i 1 ' l Even when a solicitation does not contain a Local Small Business goal (or the goal is set at zero), each Bidder must negotiate in good faith with each local small business that responds to the Bidder's solicitation and each local small business that contacts the Bidder on its own accord. Self-performance does not exempt Bidders from Local Small Business Opportunity Program requirements unless the self-performer is a qualified and registered Local Small Business. All of the ' requirements of the Local Small Business Opportunity Program can be found in Augusta,GA Code,Chapter 10B. 2 Applicable forms are available on Augusta Georgia's Disadvantaged Business Enterprise website: c����vau nsta'ag«v. 3 Only one Non-Discrimination statement is required"See Attachment B". Bid 18-245 irrigation Replacement and Beautification Plans Block 10 Fort Gordon Bid Due:Tuesday,July 3.2018©11:00 a.m. Page 9 of 15 P I I I I I I I I I I I I I I I I I I I ' Local Small Business Opportunity Program Requirements Augusta, Georgia has adopted a race and gender neutral Local Small Business Opportunity Program (LSBOP). ' See Augusta, GA Code, Chapter 10B. Bidders are encouraged to carefully review the all of the requirements of the LSBOP which can be found on Augusta, Georgia's Disadvantaged Business Enterprise Department website (www.auqustaga.gov). All of the requirements of the LSBOP become covenants of performance upon award of this procurement. The LSBOP provides for Local Small Business (LSB) goals to be set on all applicable ' procurements over $100,000 in value and even when a solicitation does not contain a LSB goal, each Bidder must negotiate in good faith with each local small business that responds to the Bidder's solicitation and each local small business that contacts the Bidder on its own accord, Self-performance does not exempt Bidders from the LSBOP requirements unless the self-performer is a qualified and registered LSB. (See Augusta, GA Code§ ' 1-10-129). 1. The pre-award requirements of the LSBOP are material conditions of this procurement. ' A Bid shall be rejected if it is determined that a Bid fails to meet the required LSBOP requirements, including but not limited to, failing to provide the Required Pre-Award Bid Submittal documents, failing to provide commitments to achieve the applicable Project Specific LSB Goals(or the Bidder's documented Good Faith ' Efforts to do so). A Contractor's failure to carry out in good faith its Project Specific Goal commitments in the course of the Contract's performance shall constitute a material breach of the Contract and a violation of the AUGUSTA, GA CODE. If the breach is not cured within a reasonable amount of time, it may result in the termination of the Contract or such other remedies afforded by Federal, State or Local law. ' Il. Good Faith Efforts. Pursuant to AUGUSTA, GA CODE SEC. 1-10-125(4) Good Faith Efforts shall be used by a bidder to seek Local ' Small Businesses to participate as a subcontractor or supplier. Such good faith efforts include, but are not necessarily limited to,the following actions: (a) Including qualified Local Small Businesses in the prime contractor's solicitations for subcontractors and ' suppliers. (b) Assuring that local small businesses are solicited whenever such business enterprises can perform a commercially useful function. ' (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of Local Small Businesses. (d) Establishing delivery schedules, where the requirements of the prime contract permit, which encourage ' participation of Local Small Businesses. (e) Using the services and the assistance of the Director of minority and small business opportunities in the identification of qualified local small businesses and negotiating subcontracts and supply contracts with ' such enterprises. (f) Requiring each first tier subcontractor to take the affirmative steps outlined within the AUGUSTA,GA CODE with respect to the identification and usage of second or third tier sub-contractors. ' (g) Placing notices of opportunities for qualified Local Small Businesses to perform subcontracting work on the eligible project in newspapers, trade journals, and other relevant publications, including publications specifically targeted to local small businesses, or communicating such notices of opportunities via the ' Internet or by other available media or means. (h) Designating portions of the work for Local Small Business subcontracting in trades with available Local Small Business subcontractors. ' (i) Providing a minimum of five(5)day notice to Local Small Businesses when requesting bids or proposals for furnishing material or services as a subcontractor or supplier. 1 • Bid 18-245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon ' Bid Due:Tuesday,July 3,2018©11:00 a.m. Page 10 of 15 p I I I I I I I I I I I I I I I I I I I 1 Ili. Required Pre-Award Bid Submittals. Pursuant to AUGUSTA, GA CODE SEC. 1-10-129 the following procedures and contract requirements will be ' used to insure that local small businesses are encouraged to participate in Augusta, Georgia contracts: (a) Each bidder shall be required to provide documentation of achieving the LSB goal or provide documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed. If there are no sub-contracting opportunities, bidder shall so indicate on the appropriate form. Forms ' may be found on the official website of Augusta, Georgia. (b) Each bidder shall submit with their bid the following written documents, statements or forms, which are available at the Disadvantaged Business Enterprise Department and on the Disadvantaged Business Enterprise Department website: (1) Non-Discrimination Statement which shall affirm the bidder's: (i) adherence to the policies of ' Augusta, Georgia relating to equal opportunity pp tY in contracting; (ii) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (iii) agreement not to engage in discriminatory conduct of any type. ' (2) Documentation of Good Faith Efforts to use local small businesses. (3) Proposed Local Small Business Subcontractor/Supplier Utilization Plan. ' (4) Executed Letter(s)of Intent with entities identified in LSB Utilization Plan. Failure to submit the following documents in accordance with these requirements will cause the Bid or proposal to be declared non-responsive. Augusta, Georgia reserves the right to request supplemental information regarding a Bidder's submissions and the Bidder shall furnish such information in a timely manner. Failure to furnish information or otherwise cooperate may result in the rejection of the Bid. ' IV. LSB Utilization Plan. The Bidder must submit with its Bid a completed LSB Utilization Plan. The LSB Utilization Plan shall list ' the Subcontractor or Supplier's name(s), business address(s), telephone number(s), e-mail(s) and the name of the principal contact person(s) of each Subcontractor(s) or Supplier(s) intended to be used in the performance of the Contract, including firms proposed as to meet the Project Specific Goals. Where the solicitation requires the Bidder to submit a base bid and one or more alternates, the LSB Utilization Plan must demonstrate the Bidder's achievement of the Project Specific Goai(s) or its Good Faith Efforts to achieve the Project Specific Goal(s)on the base bid. ' V. Letter(s)of Intent. The Bidder shall submit with its bid completed Letter(s) of Intent (LOI) utilizing the Letter of Intent ' format provided by the Disadvantaged Business Enterprise Department documents. The LOl must be executed by an authorized representative of the local vendor identified on the Utilization Plan and by the authorized representative of the Bidder. The LOI must accurately and completely detail the work to be performed and/or the materials to be supplied, and the agreed rates and/or prices to be paid. Ail ' Utilization Plan commitments must conform to those included In the submitted LOIs. The LOl will become a binding contract covenant upon the Bidder's receipt of a signed contract from Augusta, Georgia. t Bid 18-245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon Bid Due.Tuesday,July 3,2018 @ 11:00 a.m. Page 11 of 15 P I I I I I I I I I I I I I I I I I I I I Vi. Post Award Requirements. {a) Prime Contractor Data Collection Form ' All prime contractors are required to complete and submit the Prime Contractor Data Collection Form upon award. This form must be completed in its entirety and submitted within the designated time ' established by the Compliance Department—Disadvantaged Business Enterprise Division. (b) First-Tier Subcontractor, Sub-consultant, Supplier Information Form ' All prime contractors are required to complete and submit the First-Tier Subcontractor, Sub-consultant, Supplier Information Form upon award. This form must be completed in its entirety and submitted within the designated time established by the Compliance Department — Disadvantaged Business Enterprise Division. ' (c) Monthly Utilization Reports ' To evaluate the effectiveness of the LSBOP, Augusta, Georgia monitors the participation of Subcontractors and Suppliers on Augusta Georgia contracts. Each Contractor must submit a Monthly Utilization Report of Subcontract Pa th yments by the 15 of each month, The Monthly Utilization Report must reflect, from project start to date, the Contractor's receipt of payments from Augusta Georgia and the utilization of and payments ' to all Subcontractors or Suppliers identified in the Utilization Plan. Failure to submit the Monthly Utilization Reports will be considered a contract breach. (d) Substitutions, Additions or Deletions of LSB Subcontractors or Suppliers. ' In accordance with the requirements of the LSBOP, the Contractor shall provide the User Department, the Director of minority and small business opportunities and the Procurement Director written notice prior to replacing or terminating a LSB on a contract and must comply with the Good Faith Efforts requirement to replace the departing local small, business with another local small business. Likewise, when new opportunities for subcontracting arise on a contract and Augusta, Georgia sets a supplemental local small business goal, the contractors shall comply with the Good Faith Efforts set in an effort to meet the ' supplemental local small business goal. Submit all Forms and Utilization Reports to: ' Augusta, Georgia Compliance Department Disadvantaged Business Enterprise Division 535 Telfair Street Room 710 Augusta,Georgia 30901 (706)821-2406 (e) Monitoring Procedures Procedures for monitoring contract compliance may include, but are not limited to, site visits or telephone audits; consideration of requests for substitutions, additions, deletions, or change orders; and review and verification of payments to Subcontractors or Suppliers as documented by the Monthly Utilization Status Reports of Subcontractor/Suppliers Payments. Bid 18-245 Irrigation Replacement and Beautification Plans Block 10 Fort Gordon ' Bid Due:Tuesday,July 3,2018 @ 11:00 a.m. Page 12 of 15 p i I PROJECT NAME BID# ' LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM LETTER OF INTENT TO PERFORM AS A SUBCONSULTANT/SUBCONTRACTOR/SUPPLIER To: ' (Name of Proposer) ' A. The undersigned intends to perform work in connection with the above project in the following capacity(check one): ' Individual Corporation Limited Liability Company(LLC) Partnership Joint Venture B. The Local Small Business Opportunity Program (LSBOP)status of the undersigned is confirmed as follows: ' By attachment of a current Certificate of Certification issued by the Georgia Department of Transportation ' By attachment of a current letter issued by the Augusta, Georgia Compliance Department- Disadvantaged Business Enterprise Division C. The undersigned is prepared to perform the following work in connection with the above project 1 ' D. The undersigned states that they will be performing % of the total project. E. The undersigned will sublet and/or award % of this subcontract to non-Local Small Business Opportunity Program contractors and/or suppliers. ' The undersigned will enter into a formal agreement for the above described work with the Proposer cited above conditioned upon the execution of a contract for the project cited herein between the Proposer and Augusta-Richmond County. (LSBOP Contractor Firm Name) By: Date: (Signature of Authorized Representative) Bid 18-245 Irrigation Replacement and Beaudficadon Plans Block 10 Fort Gordon ' Bid Rue:Tuesday,Jufy 3,2018 @ 11:00 a.m. Page 13 of 15 I I I I I I I I I I I I I I I I I I I z a I . I LOCAL SMALL BUSINESS ESa Ui'ILJIe!ATlON PLAN tThe undersigned bidder/offeror has satisfied theu' manner(please check the appropriate space): 1 Name of bidder/offerors firm.Betwil,S (vp p .r Q ; t` • figgri-47 ( e} 41'.". j _ . '7 At' ( to 1 The bidder/offeror Is committed to a minimum of % LSBOP utilization on this contract. (Please cornpia#e+Etre requested subcant actor/s ' tippliainformation below.) OR �he bidder/offeror Is unable to meet the LSBOP goal of /5 %.ITherefore, the bidder/offeror will come in its entirety the document titled GOOD FAITH EFFORTS and submit supporting documentation demonstrating good faith efforts. I % = bcantractor/Suptier Address Principal altil Utilization Phone Contact Email I ¢ ' R. IIIIIIIIIIIIIIIIIIII -3- 1 1.-lr s; .t dit..S 1111.1111111111111111111111 M pyko, f 1 f IIIIIIIIIIIIIIIINIIIIII rrr . y ti r si y �/ .ro' IIIIIIIIIIIIIIIIIIIIIIIIIII rf 1 �� 37';� IIIIIIIIIIII,Ill r , I r,. Use additional sheets as necessary. I > r Bid 18-245 irrigation Replacement and Beaulfication Plans Block 10 Fort Gordon Bid Due;Tuesday,July 3,2018 GI 11:00 a.m. r I I I I I I I I I I I I I I I I I I I I `. ,,,,s,!....,,„,,,,,' z . �, t ' .'.:::'4.:',4. :<.F.,,,,,,, •, r c" r "* ^w-004, ,.. 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M' i F 'X-S„ , • • ` • *t•.'"''''•••" f i . n4. f�'frf - x,#4 4 4'r 4 , • • n..zs f .;- • 4,,,,..,,i,f=n .. a�••fr,,•x+•aA,s, i x y,,,,.•:, f .. ,.„.1,:;,,,•,-...„.;.. . ..„ ,_ i., •,,,,,,,,,,.„,„,.,,,..,•,66: •q r a :, " := • 1 • • • •,•••,,•••••, 'y.,4 :, .4.,••••„,-4 ••4,•:.*:...',' ',"!..•:,-"5.,;"?..- 'r+ i -: s ., • I 4tom{[w tx" > ✓yG 4-Y I I I I I I I I I I I I I I I I I I I PROJECT NAME r ri p fate roe 4:t BID# Ig-, 21/5 fedif4CafrAl lock to LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM LETTER OF INTENT TO PERFORM AS A SUBCONSULTANT/SUBCONTRACTOR/SUPPL1ER To: PIXCIPA (Ol/14r0A(4-1 pi dot (Name of Proposer) A. The undersigned intends to perform work in connection with the above project In the following capacity(check one): individual Corporation Limited Liability Company(LLC) Partnership Joint Venture B. The Local Small Business Opportunity Program(LSBOP)status of the undersigned is confirmed as follows: By attachment of a current Certificate of Certification issued by the Georgia Department of Transportation By attachment of a current letter issued by the Augusta, Georgia Compliance Department.Disadvantaged Business Enterprise Division C. The undersigned is prepared to perform the following work in connection with the above project 1r• k aP4 , a d Sail D. The undersigned states that they will be performing %of the total project. E The undersigned will sublet and/or award % of this subcontract to non-Local Small Business Opportunity Program contractors and/or suppliers. The undersigned will enter into a formal agreement for the above described work with the Proposer cited above conditioned upon the execution of a contract for the project cited herein between the Proposer and Augusta-Richmond County. Vgb TrItt (esBOP Contractor Firm Name) 4:1? 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Wiedmeier ' Director,Augusta Utilities Department ' Augusta Utilities Department 205 Dorsey Drive Fort Gordon, GA 30905 ' April 18,2018 ' Revised:June 2017 P I I I I I I I I I I I I I I I I I I I I 1 i CONTENTS 1 SECTION TITLE #OF PAGES I Invitation to Bid 1 ' IB Instructions to Bidders 2 1 P Proposal 1 BS Bid Schedule 4 1 A Agreement 3 NA Notice of Award 1 1 NP Notice to Proceed 1 CO Change Order 1 BB Bid Bonds 2 PB Performance and Payment Bonds 5 1 GC General Conditions 52 1 SC Supplementary General Conditions 12 Standard and Technical Specifications: 1 Section 011000—Summary 4 Section 012100—Allowances 3 Section 329200—Grassing 9 1 Section 329300—Plants 17 1 1 1 1 1 Revised:June 2017 1 i SECTION 1B ' INSTRUCTIONS 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. ' 113-02 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 matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation 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 pre-bid documents will be made to any bidder orally. A Mandatory Pre Proposal Conference will be held on Friday, June 15, 2018 @ 10:00 a,m, in the ' Procurement Department,535 Telfair Street,Room 605. Every request for such interpretation should be by fax to 706 821-2811 or by email to ' procbidandcontract®augustaga.gov to the office of the Procurement Department by Tuesday,June 19, 2017(a@ 5:00 P.M. 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 facsimile or U.S. mail to all prospective bidders(at the respective addresses furnished for such purposes),not later than five 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. ' 1B-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. ' Telegraphic bids will not be considered, Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such,and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all OVi'Iv'ERs. Bids of corporations will 113-1 ' Revised:January 2014 p. I I I I I I I I I I I I I I I I I I I 1 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. 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 thathe 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 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, ' 1B-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, 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-2 Revised:January 2014 --- p I I I a I I I I I I I I I I I I I I SECTION IB ' INSTRUCTIONS 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 worlc; 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 matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation 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 INTERPRETATIONS ' No interpretation of the meaning of plans,specifications or other pre-bid documents will be made to any bidder orally, A Mandatory Pre Proposal Conference will be held on Friday, June 15, 2018 @ 10:00 a.m. in the ' Procurement Department,535 TeJfair Street,Room 605. Every request for such interpretation should be by fax to 706 821-2811 or by email to ' procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday,June 19, 2017 @ 5:00 P.M. 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 facsimile or U.S. mail to all prospective bidders(at the respective addresses furnished for such purposes),not later than five 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 beconsidered unless specifically called for. Telegraphic bids will not be considered, Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids, Modifications shall be submitted as such,and.shall not reveal the total 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 IB-1 ' Revised: January 2014 p. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i I rbe 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 gll 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 bids. While purpose of comparing 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. ' 113-06 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 wit his proposal 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. IB-08 REJECTION OF BIDS ' These proposals are asked for in good faith,and awards will be made as soon asracticable bids are received. The right is reserved,however to waive any informalities in bidding,'to satisfactory rejectany ysand all proposals,or to accept a bid other than the lowest submitted if such action is deemed to be in thbest interest of the OWNER. i I11-2 Revised:January 2014 I I I I I I I I I I I I I I I I I I I SECTION P ' PROPOSAL Date: Gentlemen: In compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor, ' equipment and material,and perform all work for the project referred to herein as: ITB 18-245 IRRIGATION REPLACEMENT AND BEAUTIFICATION BLOCK 10 FORT GORDON ' In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto and totaling: And /100 Dollars ( _ ' The undersigned hereby agrees that,upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the Owner,and that he will provide the bond or guarantees required by the contract documents. ' The undersigned hereby agrees that, if awarded the contract, he will commence the work in accordance with required contract performance dates stated in AGREEMENT Article H. The undersigned hereby also agrees that the work will be completed within a time frame stated in AGREEMENT Article II. ' The undersigned acknowledges receipt of the following addenda: Addendum No. Addendum Date 1 ' Enclosed is a bid guarantee consisting of in the Amount of • Respectfully Submitted, Firm Address ' By: Y ' 1I LE: ' P-I ' Revised:August 2014 I I I I I I I I I I I I I I I I I I I O "* t 1„. A UTILITIES DEPARTMENT Toss Wiedmeier Horace Luke ' Director Assistant Director MEMORANDUM TO: Geri A.Sams FROM: Tom Wiedmeier'' ' DATE: August 23,2018 ' SUBJECT: Bid Item#18-245 Fort Gordon Irrigation Replacement and Beautification for Utilities Dept. Bid Opening Date:Tuesday,July 03,2018 @ 11:00 a.m. We have reviewed the bid tab sheet and submittals received for the above item.I recommended award of bid Item#18-245 to the lowest responsive bidder:Beams Contracting in the amount of$839,634.00 Cc:Tom Wiedmeier,P.E Horace Luke ' Engineering Division 360 Bay Street,Suite 180-Augusta,GA 30901 (706)312-4132—Fax(706)312-4133 ' WWW.AUGUSTAGA.GOV p I I I I I I I I I I I I I I I I I I I 1 , I (Re,v;5eci (9/q/20 187>---- I — AUGUSTA UTILITIES DEPARTMENTt i .747- BID » BID ULE IUtRiGATION REPLACEMENT AND BEAUTIFICATION PLAN BLOCK 10 FORT GORDON Item 1 Description I Esetated I Units 1 UM Price 1 Total Pry Ii Quantity Plant 8ahidult; Apar bus 'MAW 12 EA 1�,i- A '1 'f ' II 2 Conde canadensis'Rising Sun' 8 EA ,i(00.11- ,.... se 5 ey 3 Melt'Nei*R.Stevens' ,✓. 1., 'oi 'fiv 24 EA ,'l 1 Z- opt .r- I P494'4 5- 4 Scopufcrurts Skyrocket' 17 EA S i�1' ,54,11. ..2- 5 _ Myriam renders 8 EA 5.3t.p" 4( t„.iziz.. ,aa I6 Natchez C a Myth 15 EA 534.-D-- 4. f3,0ID• ..,,,,," Tast�urn d Lan 71 bort t l 7 Strnwnswt Sawa' 10 EA 'Ito-°' 1 ", 'r 000.°u I 8 ►Abelisx '+u ' 196 EA `= * 51#SS`0, 411.- 9 °9 Serbeds Munberal'Crlinsim y 121 EA 2 3SOCI. 1 f0 CepN�alaxue tavrft�eprNe Wit' 167 p1 11 C+arrek japonica'Debutante' 64 EA 4.'3. '21- It Z 322.«.0 I 12 i 2 Jade % EA " 4 °° G Iwo. 13 Gaiderdilimirthlokkis itlidualle 253 EA 2 et,,i/2.. 1P 3I: s I 15 Licium perveanun'Florida Surptkte 81 EA -52. 211:?;j2':0.- I18 Dix winked*'8 rdeaut 493 EA "fit?• "t * l'f)"90. '- =pilu is'Itasca' 133 EA 32..(4'. 41 /LC. !-. I18 Pennladurrs alopscuriadrs'Me Bunny' 88 EA 241 �- 42.,494.-12- 19 Prunus ltertsoerasue'Otto Lsrylcen' 183 EA 0 1 20 -1.1dope mini'Emerald Goddess' 1102 EA 40 9 � j?.✓- 21 Mope m 1204 EA .✓ 1 22 wooer Pine Straw Won 102,000 SF C •7' ` 7---- " ." et r s 1). 23 Turf Renoyatlon Seed 168,000 SF 0.r- 0 J3,2O) - 1! I24 Turf Renovation Sod 22,000 SF a•0 4 i '1 r o. °Q 25 d Screened Tassel 300 CY 55.- 0 1(0 sra0, ----- ! Ialpan Opetacemen1 and e.saiptsebnPim Yat!Weed dada pd Saida. Addenda's 1 a d nets#1$•944 Walton „� Sof 4 Iaaitlsee PMe+s ldnek 10 Fant Garda'•Task Order v I I I I I I I I I I I I I I I I I I I I t I IDemolition . a ree Removal , LA .*. #to•"4-1? 4."3"'" C C 0 P-: IEX Shrub Removal 388 we A. bb 221 transplanted Trees is 211 T1 .in to Baseline smart Hydrometer -I EA ' r1� p( 04800 Fused PVC Directional Bore +Oso 02 4..0,19 st00 44.9— LF 704 Soh.80 or C-90D PVC Pipe Trenched 0 Sisevetg: 5 Y r t IF4400-. 0 ' Mount Controller with lntsrrrraiic A02401C3 Surge Arrestor.ASfC Protection.and00 r g 9 °= ° g lice, ' I Wimless Rain Clreass CBc tin1 e Witt ,'MUM Bfcoldrlg, EA 33 te. C -1pI 0tii,t m oeDo I is r Isoladon Valve wih Carson or Equal 14'Pum Rectangular Valve Box Mei LFic- i 4 %45S, Maltz Line Brain Valves on Lowest Elevation Areas of Main Line Piping with . or Equal 14'Purple Rectangular Valve Bax 6 IN 4 1,�4 -12.- 2c4.--- Cable with BL-LA01 L Protection rO I Surgekrselo a 65110 0, ' """"" Valve wa1 Carson or Equal 14'Purple cio I Rem Valve Box 13 EA l ;. 1 . - Valve with Carson or Espial 14' � • Vain Bax 24 .13'3; i'# - - =ate . , -# sive with Carson or Equal 14'Punpfal ,,,r- 39 Valve Box 23 EA1+1 , 1 l , t , • I Reinilini 113RC(Purple Rubber Cover) Quit*BoupNrig Viave(Nose Swivel&33 Ci Every 5 QCV s)with Carson or "" ..� I11'0 it i �60 '", 40 14'Purple Redengular Valve Box 23 r r I :r'', .c,.# ,r „�,9404 4 EA Carson or Equal 10'Purple Round Valve Box or in Nearest Zone Control Valve es 0 Carson or Equal 14'Purple Rectangular 09250 2 I Valve Box 10 Carson or Equal 10.Purple Round Valve Box or M Neared Zone Control Valve *00 I 42 VCarsonl3ox or Equal 14"Purple Rectangular { } • � �. 1,r)alve 15 EA . Irrigation Reptatemtnt and Swot tenon Pen Mod 10 GordonPage Bid Schedule I Addendum 1 air Item l 1a-246 NNpatlon Ra laeameort end Bsa f poen Plans sleek 10 Fon Garden•Tack Order 204 oA s p I I I I I I I I I I I I I I I I I I I I I I :t '1-"I ; ..... . , rs-,... -irr. Carson or Equal lir Purple Round Valve — ot, Box or In Nearest Zone Control Valve 13 ), se } 41 I Carson or Equal 14'Purple Rectangular 43 Wide Box 5 EA Sideline BL-53158 SiSensor Sol I Moisture Sensor with Connection to(3M 41 DOR-Y4 Urea Bury Sp* --rsL13 2.)n *Kit in Caron oo -A --.P 1 — 44 or South 10'Purple Round Valve Sox) 18 EA -rTI:Tt - ., --f .'oT.IYJIT '11. II Sprinkler with Purple Cover and sive*Systems Little Valve Unit S. -..,re- Oe Where Applicable)including CL 200 PVC Purple Lateral Piping,Helms.and 37 pp 3 01- ,.---- .......--- i I Swing Pips/thew Fittings to Connect Sprinider Head 1385 • , • Rotary R-Ven1812-SAM-P45 Sprinkler with Purple Cover and I Velvet%Systems Little Valve Unit Where Applicable)includng CL200 PVC CO 'urple Lateral Piping.Fittings,and 3-7 oc. blot ;ox ...._ I,— --- ii., Swing Pipafinsen Fktings to Connect I Head -, , , 5008.pc,...11111-415.4. ,. - 1078 Circle ir Pup-Up Turf Rotor Spridder I with Purple Cover indudng CL 200 PVC Purple Lateral Piping,Fittings,and Swing Pipeansed Fittings to Connecttit OD lic. O 9 I cal;-- 11111 Sprinkler Head 208 ......, __ _ I 1111 - Bfrd i I; F 5-10/3 S Fulfill." Circle 6'Pop-Up Turf Rotor Sprinkler wW1 Put*Cover including a.200 PVC Purple Lateral Piping,Fittings,end 00 4e, — i 152. Do I Swinill PiRefinstst Fittings to Correct Sprkilder Head i,- .1.....,1-: ,T,',..za,i y - To -Troll Sodas with(2)RethElkd Strewn Spray I HE-VAN-8 Adustabb Nozzles and Purple Covers indudng Ct.200 PVC 1 2-7 422 1 431' 61 Del Purple Later Piping.Flithige,end SWing i b Pipefinsed Fittings to Calmed Sprinkler --...- I MI Heads MN 1111111111111110111 IN .... Alimony* I 50 Allowance Fixed Price --7---- $20.080. Lump Sum Construction I MI Lump Sum Construction _ 11111111111111 0 t 40,10 10 gi frg 0 ' Total I 7 GRAND TOTAL T83 .1434'. Ikrdetion Replacement and Beautification Plan Bid Schedule Nod 10 Fen Gordon Page 3 al 4 Addendum 1 and hem*13-245 imrsetlen Reelecement end heinnifiendon Plena Mock 10 fon Gorden-Task Corder I V 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Lump Sum L`or►structipn: •M ob+izatto&Demobiroation -Bonds, Insurance ' -Temporary mon and Sediment Control Tempo ,y Eroston and Sediment Control and Maintenance • oter -Traffic Control -Mist.Grading -Construction Barrecades and Temporary Pedestrian Access -Temporary Signors 'Waste Disposal -Cutting and Patching `Meinienerice Dud%Construction .Post Construction Maintenance -Field Measurements •Progress Cleaning -Final Cleaning 'Startup,Testing,and Adjustment -Maintenance and Operation Instruction ' -Protection d Existing Conditions -Any Grassing not covered by Ina items Note:Any work shown on plans but not included in the above Items shall be considered incidental work and therefore should be accounted for by the Contractor In Lurnp Sum Construction.There will be no separate pay item for work not specified above. /\16- �� Alt ti,r cvev c) ,.., (vri IJ_a t r e �: ' i c v�► c.; (r 7-e I I 1 I I I ' Irnpt•or,hep:accmnnt prod 1nuMutbe Flatsled Schedule 1C Fort Gordan Pape 4 or 4 AddlMdtwn t Bid Iters 515-241 Irr{vepn Reolaaemenl and BeatrtlficaCon Plane mock le Fort Gordon-Task Order I I ISECTION A AGREEMENT IAGREEMENT IThis AGREEMENT,made on the 11 day of September,2018,by and between AUGUSTA,GEORGIA,BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY I COMMISSION,party of the first part,hereinafter called the OWNER,and Beam's Contracting,Inc. party of the second part,hereinafter called the CONTRACTOR. t WITNESSETH,that the Contractor and the Owner,for the considerations hereinafter named, agree as follows: ARTICLE I-SCOPE OF THE WORK IThe 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 I project entitled: PROJECT NAME I 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. IARTICLE II-TIME OF COMPLETION-LIQUIDATED DAMAGES IThe 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 substantially completed within 75 calendar days with all such extensions of time as are provided for in the General I Conditions. Substantial completion shall be defined as sewer being in service. Final completion shall be 15 days after substantial completion. I 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 I 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. IIF 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 one thousand and no/100s ($1000.00) I 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. I I A-1 i Revised:June 2017 p 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 tcompletion of any work,the new time limit fixed by extension shall be the essence of this contract. ARTICLE III—PAYMENT ' (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the BID ' 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's Engineer 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 fmal 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 fmal inspection acceptance, the Engineer shall ' within 10 days made such inspection, and when he fmds 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 tOwner within 15 days after the date of said fmal certificate. (B) Before fmal 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. ' (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 fmal payment, except that it shall not constitute a waiver of claims. A-2 ' Revised:June 2017 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I IN WITNESS WHEREOF,the parties hereto have executed this Agreement m three(3 counterparts each of which shall be deemed an original,in the year and day first mentioned above. r "�'`` I OWNER:AUGUSTA,GEORGIA • ,i'. G v , SEAL 410 fib' -. The Honorable .. , .Bonn ;k ' , 0 P4PIMayor t A tl6 1 t k of Comrm ion l' Date: '� `� � Date C .." .1,,,,''''A` ,4 r , r APPROVED AS TO FORM: . DEPARTMENT APPROVAL By: 4,,Atep,„# By: I..AA..� IThomas D. Wiedmeier Attorney ����i I(J Director,Augusta Utilities Department IDate: I` b Date: I.7 L3 f/a I , ,cckAC T//VQ, CONTRACTOR: �`'00? ' •• ' • :'L Q; v 'J� of ` ATTEST: SEAL By:Beam's Contracting Inc ' �� �wTH GP.... 4 �' - 9-, By: iI✓vim I' �i� I Name: _ � ' .�""„„„„� „1```” /J �.5rv� �/ r. Na r J Title: P Title: GA;.......4.I IDate: 0 g' I g' Date: lciir S/!g I I I I I A-3 IRevised:June 2017 I I I I I I I I I I I I I I I I I I I NOTICE OF AWARD DATE: 09/10/2018 ' CONTRACTOR: Beam's Contracting, Inc. ADDRESS: 15030 Atomic Road Beech Island SC 29842 City State Zip Code ' PROJECT: Fort Gordon Irrigation Replacement and PROJECT NO: 18 245 Beautification for Utilities Department At a meeting of the held on(Date) ' you were awarded the Contract for the following Project: Enclosed please find 5 copies of the Contract Documents for your execution. Please complete the ' pages,affixing signatures,dates, notary and/or corporate seals,etc.where necessary and return to this office within 10 days from the date of this letter,excluding Legal Holidays. The Certificate of Insurance must be complete. Power of Attorney must be submitted in triplicate;an original and two copies is permissible. Very truly yours, t Project Engineer Reciept of this NOTICE OF AWARD is hereby acknowledged this, 11 the day of September 2018 / 4ftinis CO tai 1.•k 1 Contractor :y leareCtIN"‹ Title Please sign and return one copy of this Notice of Award Acknowledgement to: ' Augusta Utilities Department 360 Bay Street,Suite 180 Augusta,GA 30901 t I I I I I I I I I I I I I I I I I I I I . pUcuS F Y ,I NOTICE TO PROCEED ' OR DATE: 9/11/18 TO: Beam's Contracting, Inc. Attn: Jeffery Allen Smith,Jr. 15030 Atomic Road Beech Island,SC 29842 ' IRRIGATION REPLACEMENT AND BEAUTIFICATION-BLOCK PROJECT: 10 FORT GORDON PROJECT NO: 18-245 You are hereby notified to commence WORK in accordance with the Agreement dated 9/11/18 on or before 9/21/18 ,and you are to complete the WORK within 90 (75 days for Substantial Completion plus 15 days for Final Completion)consecutive calendar days thereafter. The date of completion of all WORK is therefore 12/20/18. Very truly yours, Project Engineer Receipt of this NOTICE TO PROCEED is hereby acknowledged This,the 11 day of September , 2018 ' Contractor: Beam's Contracting, c. By: Title: Please sign and return one copy of this Notice to Proceed Acknowledgement to: Augusta Utilities Department 360 Bay Street,Suite 180 Augusta, GA 30901 1 1 r _ _ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I , , I CONSTRUCTION CONTRACT CHANGE ORDER r CO NUMBER [ BID ITEM 1 IPROJECT TITLE DATE ir • GATION REPLACEMENT AND BEAUTIFICATION BLOCK 10 FORT GORDON I ORIGINAL CONTRACT DATE PROJECT NUMBER OWNER AUGUSTA,GEORGIA PO NUMBER _ The following change is hereby made to the contract for the above project: IDescription of Change(for a more detailed description see attached proposal): I _ PAYEE TOTAL AMOUNT OF THIS CHANGE ORDER $ IThe contract time will be INCREASED by 0 calendar days as a result of this change. ORIGINAL CONTRACT AMOUNT $ I PREVIOUS CHANGE ORDER(INCREASE) $ THIS CHANGE ORDER(INCREASE) - $ TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER $ I FUNDING NUMBER/ACCOUNT NUMBER PROPOSED BY: DATE: CONTRACTOR IREQUESTED BY: DATE: ENGINEER ISUBMITTED BY: DA IE: DEPARTMENT HEAD I FINANCE ENDORSEMENT: COMPTROLLER DATE: I RECOMMENDED BY: DATE: ADMINISTRATOR APPROVED BY: DATE: I MAYOR I , I I NO0 1 SECTION BB ' BID BOND KNOW ALL MEN BY THESE PRESENTS,that we,the • t as Principal, and as Surety, are hereby held and firmly bound unto the Augusta,Georgia Commission of Augusta, Georgia as Owner in the penal sum of for the payment of which,well and truly to be made,we hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns. Signed this day of ,20 _ ' The condition of the above obligation is such that whereas the Principal has submitted p to the Augusta,Georgia Commission of Augusta,Georgia,a certain Bid,attached hereto and hereby made a part hereof to enter into a contract in writing for the IRRIGATION REPLACEMENT ' AND BEAUTIFICATION-BLOCK 10 FORT GORDON,for Georgia Aug �usta,Ga in accordance with plans and specifications of the AUGUSTA UTILITIES 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 tacceptance 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. 1 BB-I I I I I I I I I I I I I I I I I I I I The Surety, for value receive,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 the 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 such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first set forth above. Signed and sealed this day of A. D. 20 . Witness (Principal) • Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) BB-2 I I I I I I I I I I I I I I I I I I I 1 I ' I SECTION PB PERFORMANCE BOND I (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3,IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MAF'hRIAL.) Bond No.ASA1970-10979 KNOW ALL MEN BY THESE PRESENTS: I That Beam's Contracting,Inc. as Principal, hereinafter called Contractor,and Hudson Insurance Company a corporation organized and existing under the laws of the State of Delaware ,with its principal office in the City of New York ,State of New York ,as Surety, hereinafter called Surety,are held and firmly bound unto AUGUSTA,GEORGIA BY AND THROUGH THE AUGUSTA COMMISSION as Obligee,hereinafter called the Owner,in the penal amount of Eight Hundred Thirty Nine Thousand Six Hundred Thirty Four Dollars($ 839,634.00 )for I the payment whereof Contractor and Surety bind themselves,their heirs,executors, administrators,successors,and assigns,jointly and severally,firmly by these presents for the performance of a certain written agreement. Ifaithful . WHEREAS,Contractor has by said written agreement dated September 11, 2018 entered into a contract with Owner for the IRRIGATION REPLACMENT AND I BEAUTIFICATION-BLOCK 10 FOR T GORDON in accordance with the drawings and specifications issued bytheAugustag Utilities Department and the Augusta Commission,which I contract is by reference made a part hereof,and is hereinafter referred to as the CONTRACT. NOW,THEREFORE,the condition of this obligation is such that,if Contractor shall promptly and I i faithfully perform said CONTRACT,then this obligation shall be null and void;otherwise it shall remain in full force and effect. .i The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default,or shall promptly i (1) Complete the CONTRACT in accordance with its terms and conditions,or I (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects upon determination by the Owner and the Surety jointly of the lowest responsible bidder, I arrange for a contract between such bidder and Owner,and make available as Work progresses (even though there should be a default a succession of PB-i I . I I I I I I I I I I I I I 1 I I I Ii I defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.The term"balance of the contract price,"as Iused in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor I1 Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. I No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or I successors of the Owner. I1 _I Signed and sealed this 3rd day of October _.A.D.2018• IWitness ' �!' Beam's Contracting,Inc. (Sea�,,,,,,..m,,,,,,, o (Contractor) "PGI I NG/''°,,,, NIE Attest 11711,161101 1-64-4•1 By("NJ • --_-As —49' F- $.404,- --(-5, 1 i ®a61 1 G(Title) :�6 • s . UTN° . ,,,,,,,,,,,,,,,,,,,,, I Witness _ iii,"-a Hudson Insurance Company (��) I+-`ra L. Stewart,Witness as to Surety (Surety) I r _ /1-)-- / --� Attest6 ,_ By Alt _ •_ ' �� � �'= ,i, e1 I Brittany H. t,Witness as to Surety (Title) Belinda M. Ferciot, l Attorney-in-Fact F I _I Ii 1 I PB-2 1 I I I I I I I I I 1 I I I I I I I I I I ' 21159 HUDSON I INSURANCE GROUP® ' POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and I appoint Michael Schendel, Reginald Jarvis, Belinda M. Ferciot, Courtney Cothran Seed and Debra L. Stewart its true and lawful Attomey(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single I bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars ($10,000,000.00). Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. ' In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly �f:;� ; on this 7th day of November ,20 17 at New York,New York. :o t(Stato3,, I) HUDSON INSURANCE COMPANY om /1 a Attest Y�'P'`'i ��(I`�-_` BY -6,_):1? ... Dina Daskalakis Michael P.Cifone 1 I Corporate Secretary Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. I On the 7th day of November 20 17 before me personally came Michael P.Cifone to me known,who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the corporation dem.'.cd herein and which executed the above instrument, that he knows the seal of said Corporation,thpbht+St6Pairm,V to said instrument is such corporate seal,that it wa'so affixed order of the Board of Directors of said Corporation,and that he signed his name ? �yl{jrikc orde 4,� I Ilk I (Notarial Seal) k:'' , P'•NO. . -M` ANN M MURPHY �,;L• _ Notary Public,State of New Y. A No.0I MU6067553 I :N„ Qualified in Nassau County y 9] �g L C Commission Expires December 10,2021 :� /"." NEW'9' / CERTIFICATION ' STATE OF NEW YORK �• ,,,,,����u�`�� COUNTY OF NEW YORK SS. The undersigned Dina Daskalakis hereby certifies: I That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27th,2007,and has not since been revoked,amended or modified: "RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents,or attorney or attorneys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and I recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates,and any and all other contracts and undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations regarding undertakings so made;and FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature I thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said Power f Attorney is now in force. I 'tness the hand of the undersigned and the seal of said Corporation this 3rd day of October 1 ,20 1 8 r . °r��A s :4t. By y 11116—ZfrklAk Dina Daskalakis, Corporate Secretary I G:\Underwriting\Underwriter Files\Surety\General Surety\Powers&Seals\Powers\POA templates\Word version\Form PerfA 10 8 2010(v9).doc I 1 I I I I I I I I I I I I I I I I I I I . I _. SECTION PB LABOR AND MATERIAL PAYMENT BOND Ii INOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-I,IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) I 1 Bond No.ASA1970-10979 KNOW ALL MEN BY THESE PRESENTS: " That Beams' Contracting,Inc. _ _ as Principal, hereinafter called Contractor,and Hudson Insurance Company I - a corporation organized and existing under the laws of the State of Delaware with I I its principal office in the City of New York ,State of New York as Surety,hereinafter called Surety,are held and firmly bound unto AUGUSTA,GEORGIA BY AND THROUGH THE AUGUSTA,GEORGIA COMMISSION,as Obligee,hereinafter called the I " Owner,for the use and benefit of claimants as herein below defined in the amount of Eight Hundred Thirty Nine Thousand Six Hundred Thirty Four Dollars($839,634.00 ) for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators, I successors,and assigns,jointly and severally,firmly by these presents. WHEREAS,Contractor has by written agreement dated September 11,2018 entered I into a contract with Owner for the IRRIGATION REPLACEMENT AND BEAUTIFICATION- BLOCK 10 FORT GORDON in accordance with drawings and specifications issued by the Augusta Utilities Department and Augusta Commission,which contract is by reference made a part hereof, I and is-hereinafter referred to as the CONTRACT. -/ NOW, THEREFORE, the condition of this obligation is such that, if the Contractor I shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required to use in the performance of the CONTRACT,then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably I .. required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such i • PB-3 Ii 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II 1 claimants work or labor was done or performed,or materials were furnished by such ' claimant,may sue on this bond for the use of such claimant,prosecute the suit to final judgement for such sum or sums as may be justly due claimant,and have execution thereon.The Owner shall not be liable for the payment of any costs or of any such suit. Iexpenses (3) No suit or action shall be commenced c d hereunder by any claimant, I1 (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such I claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the I i materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is I v located,save that such service need not be made by a public officer. (h) After the expiration of one (I) year following the date on which Contractor I j ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part I "' thereof, is situated, or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere. I . (4) The amount of this bond shall be reduced byand to the extent of anypayment or PYm payments made in good faith hereunder, inclusive of the payment by Surety of I i mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 1 I I 1 I I PB-4 I . I I I I I I I I I I I I I I I I I I I 1 .. 1 '` Signed and sealed this 3rd day of October A.D.20 18. i r Beam's Contracting,Inc. (am Witness j (Contractor) ,'", �.,R C T!q! ./ Attesteti1 By W• ' _ {Se l - �k l N t9 !/tH GP .• 1 A. f � Witness , �(1 / I EMI i,. Hudson Insurance Company (seal) lir D'`. a L. Stewart,Witness as to Surety (Surety) Attest 4 "v' /i�V . By, rU 1 1 ....! //_I ,, . ;moi Brittany H. Fercio , Witness as to Surety (Title) Belinda M. Ferciot, Attorney-in-Fact 1l I €,1 z 1f1 I, ill IJ 1 .3 PB-5 Ii I I I I I 1 I I I I I I 1 1 I I I I I I 21159 HUDSON IINSURANCE GROUP POWER OF ATTORNEY I KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY,a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and I appoint Michael Schendel, Reginald Jarvis, Belinda M. Ferciot, Courtney Cothran Seed and Debra L. Stewart I its true and lawful Attomey(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single I bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars ($10,000,000.00). Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. I In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly ..101���aa,,f; on this 7th day of November ,20 17 at New York,New York. 444;,....-4' ( tatei, I) HUDSON INSURANCE COMPANY 1h,88ss11t'00ao /J/ Attest YJ AZ`'i f),(,(5- __ By '" t_.,. Dina Daskalakis Michael P.Cifone y I Corporate Secretary Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. I On the 7th day of November 20 17 before me personally came Michael P.Cifone to me known,who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the corporation dem'.cd herein and which executed the above instrument, that he knows the seal of said Corporation,thptlreiS%11654Fd to said instrument is such corporate seal,that it wa so affixed order of the Board of Directors of said Corporation,and that he signed his name P? aby e of I A (Notarial Seal) :.NA O.T,1 y.'+ ANN M.MURPHY 'r) •. _ Notary Public,State of New Y. r. _ No.01MU6067553 I N,,a •= I I I I I I I I I I I I I I I I I I SECTION PB PERFORMANCE BOND (NOTE : THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3,IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called Contractor, and a corporation organized and existing under the laws of the State of_ .with its principal office in the City of ,State of , as Surety, hereinafter called Surety,are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA COMMISSION as Obligee,hereinafter called the Owner,in the penal amount of Dollars ($ _) for the payment whereof Contractor and Surety bind themselves, their heirs,executors, administrators,successors,and assigns,jointly and severally,firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the IRRIGATION REPLACMENT AND BEAUTIFICATION- BLOCK 10 FOR T GORDON in accordance with the drawings and specifications issued by the Augusta Utilities Department and the Augusta Commission,which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRAC:I NOW,THEREFORE,the condition of this obligation is such that,if Contractor shall promptly and faithfully perform said CONTRACI,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default,or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner,and make available as Work progresses (even though there should be a default a succession of PB-i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.The term"balance of the contract price,"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this day of A.D.20 Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) PB-2 I I I I I I I I I I I I I I I I I I I SECTION PB LABOR AND MATERIAL PAYMENT BOND i ' NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-I,IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) ' KNOW ALL MEN BY THESE PRESENTS: That _as Principal, hereinafter called Contractor,and a corporation organized and existing under the laws of the State of with ' its principal office in the City of State of Surety,hereinafter called Surety,are held and firmly bound unto AUGUSTA, GEORGIA BYs AND THROUGH THE AUGUSTA,GEORGIA COMMISSION,as Obligee,hereinafter called the ' Owner,for the use and benefit of claimants as herein below defined in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators, successors,and assigns,jointly and severally,firmly by these presents. ' WHEREAS,Contractor has by written agreement dated entered into a contract with Owner for the IRRIGATION REPLACEMENT AND BEAUTIFICATION- BLOCK 10 FORT GORDON in accordance with drawings and specifications issued by the Augusta ' Utilities Department and Augusta Commission,which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. ' NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a ' subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, ' telephone service or rental of equipment directly applicable to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally agree with the ' Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such PB-3 I ' claimant's work or labor was done orerformed or materials were ere furnished by such claimant,may sue on this bond for the use of such claimant,prosecute the suit to ' final judgement for such sum or sums as may be justly due claimant, and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, ' (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the ' materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the ' Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. (b) After the expiration of one (I) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to ' be equal to the minimum period of limitation permitted by such law. (C) Other than in a state court of competent jurisdiction in and for the county or ' other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere. ' (4) The amount of this bond shall be reduced byand to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of ' mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. PB-4 p _ I I I I I I I I I I I 1 I I I I I I I 4 I ' Signed and sealed this day of A.D.20 . 1 Witness _ (Seal) (Contractor) Attest BY (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) 1 I i I 1 i 1 P&5 I r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Rav_9y;,n pate Aaevet 7001 GENERAL CONDITIONS ' ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated,which are applicable to both the singular and plural thereof: Addenda-My changes,revisions or clarifications of the Contract Documents which have been duly issued by OW NER to prospective Bidders prior to the time of opening of Bids. Agreemenf--The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents, ' Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s)for the Work to be performed. Bonds-Bid,performance and payment bonds and other instruments of security furnished by CONTRACTOR ' and its Surety in accordance with the Contract Documents. Change Order—A document recommended by PROFESSIONAL, 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 Time,issued on or after the Effective Date of the Agreement. Contract Documents-The Agreement:Addenda(which pertain to the Contract Documents); CONTRACTOR's 1 Bid(including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award)when attached as an exhibit to the Agreement;the Bonds;these General Conditions; the Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement; Certificates of Insurance;Notice of Award;and Change Order duly delivered after ' execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated ' in the Agreement(subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time-The number of days (computed as provided in paragraph 17.2.1) or the date stated in the ' Agreement for the completion of the Work. CONTRACTOR-The person,firm or corporation with whom OWNER has entered into the Agreement. ' COUNTY-Richmond County,Georgia,or Augusta, Georgia,political subdivisions of the State of Georgia,the Augusta, Georgia Commission, and its authorized designees, agents,or employees. Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a ' legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day,4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. ' Defective-An adjective which,when modifying the word Work, refers to Work that is unsatisfactory,faulty or deficient,does not conform to the Contract Documents,or does not meet the requirements of any inspection, GC-1 I I I I I I I I I I I I I I I I I I I _ 1 Revision ROCS August 3001 reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment,unless responsibility for the protection thereof has been ' assumed by OWNER at Substantial Completion(in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. ' 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 by the Mayor of Augusta,Georgia. ' Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications,but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division I of the Specifications. Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein,within the time specified, OWNER will sign and deliver the Agreement. ' Notice to Proceed-A written notice given by OWNER to CONTRACTOR(with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER-Augusta, Georgia, and the Augusta, Georgia Commission. Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a 1 related purpose)before reaching Substantial Completion for all the Work. PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. ' PROGRAM MANAGER—The professional firm or individual designated as the representative or the OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole,or a part, as indicated elsewhere in the Contract Documents. ' Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. ' Project Manager-The professional in charge, serving OWNER with architectural or engineering services,his successor,or any other person or persons,employed by said OWNER,for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof. Shop Drawings-All drawings,diagrams,illustrations,schedules and other data which are specifically prepared ' by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and GC-2 1 I I I I I I I I I I I I I I I I I I I 1 Reviato,1 Cate 11090 02 3001 submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. ' Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construction systems,standards and workmanship as applied to the Work and certain administrative details applicable thereto. ' Subcontractor-An individual,firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the ' opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part)can be used for the purposes for which it is intended,or if there be no such certificate issued, ' when final payment is due in accordance with paragraph 14.13. The terms "substantially complete"and "substantially completed"as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General ' Conditions. Supplier-A manufacturer, fabricator,supplier, distributor, materialman or vendor. ' Underground Facilities-All pipelines,conduits,ducts,cables,wires,manholes,vaults,tanks,tunnels or other such facilities or attachments, and any encasement containing such facilities which have been Installed underground to furnish any of the following services or materials:electricity, gases, steam, liquid petroleum products,telephone or other communications,cable television, sewage and drainage removal,traffic or other ' control systems, or water. Unit Price Work-Work to be paid for on the basis of unit prices. ' Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction,and furnishing documents,all as ' required by the Contract Documents_ Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL,ordering an addition,deletion or ' revision in the Work,or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22.A Work Change Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work 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 Time as provided in Article 10. ' Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. 1 GC-3 I I I I I I I I I I I I I I I I I I I eevieion Date Ai:D-.Jat 2001 ARTICLE 2-PRELIMINARY MATTERS ' Delivery of Bonds: 2.1,When CONTRACTOR delivers the executed Agreements to OWNER,CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and ' drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense,which will be OWNER's standard charges for printing and reproduction. ' Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed.A Notice to Proceed may be given at any time after the Effective Date of the Contract. ' Starting the Project: 2.4.CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall ' be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. ' Before Starting Construction: 2.5.Before undertaking each part of the Work,CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field ' measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby.CONTRACTOR shall be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract ' Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review: ' 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; ' 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of ' items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 2.7. Before any Work at the site is started,CONTRACTOR shall deliver to OWNER,with copies to GC-4 1 U I I I I I I I I I I I I I I I I I I Nevi ddo,,Date August 2002 each additional insured identified in the Supplementary Conditions,an original policy or certified copies of each insurance policy (and other evidence of insurance which OWNER may reasonably request) which ' CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction Conference: ' 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER, PROFESSIONAL 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 2.6 as well as procedures for handling ' Shop Drawings and other submittals,processing applications for payment and maintaining required records. Finalizing Schedules: • ' 2.9.At least ten days before submission of the first Application for Payment,a conference attended by CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL ' responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for ' maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. 1 1 1 ' GC-5 I I I I I I I I I I I I I I I I I I I Assisi=DAC. August 2003 ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Intent: ' 3.1.The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary:what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. 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 Work,materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to ' describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7,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 the provisions of any such standard, specification, manual, code or instruction(whether or not specifically incorporated by reference in the Contract Documents)and the provisions of any such 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). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. ' 3.4.Reference to standards,specifications,manuals or codes of any technical society,organization or association,or to the Laws or Regulations of any governmental authority,whether such reference be specific or by implication,shall mean the latest standard,specification,manual,code or Laws or Regulations in effect ' at the time of opening of Bids(or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 3.5.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 such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to ' PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL;however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict,error,ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. ' Amending and Supplementing Contract Documents: 3.6.The Contract Documents maybe amended to provide for additions,deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal Written Amendment, ' 3.6.2. a Change Order(pursuant to paragraph 10.3),or GC-6 I RevSedan Dace aageee 20e: 3.6.3.a Work Change Directive(pursuant to paragraph 10.4). ' As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor ' variations and deviations In the Work may be authorized in one or more of the following ways: 3.7.1.a Field Order(pursuant to paragraph 9.5). 1 8.26), or 3.7.2.PROFESSIONAL'S approval of a Shop Drawing or sample(pursuant to paragraphs 6.24 and ' 3.7.3. PROFESSIONAL'S written interpretation or clarification(pursuant to paragraph 9.4). Reuse of documents: ' 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall 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 PROFESSIONAL or PROFESSIONAL's consultant;and they shall ' not reuse such Drawings, Specifications or other documents(or copies of any thereof)on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. 1 1 GC-7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Revi*Apy,Date August 2cel ARTICLE 4-AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS ' Availability of Lands: ' 4.1.OWNER shall furnish,as indicated in the Contract Documents,the lands upon which the Work Is to be performed, rights-of-way and easements for access thereto,and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights-of-way willab e obtained and expenses will be ' borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto 1 that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: ' 4.2.1.Explorations and Reports:Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site(except Underground Facilities)that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the"technical data"contained in such ' reports and drawings. 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, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: ' 4.2.2.1.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 ' 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings,or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any"technical data"or any ' such data, interpretations, opinions or information. 4.2.3. If conditions are encountered,excluding existing utilities,at the site which are(1)subsurface or ' otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4, The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time,or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified,the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL. GC-8 I I 1 I I I I I I I I I I 1 I 1 1 1 I I 2evjion Data A1yu6L 2001 Physical Conditions-Underground Facilities: ' 4.3.1.Shown or indicated:The information and data shown or indicated In the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: ' 4.3.1.1.OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data;and ' 4.3.1.2.The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents,for coordination of the Work with the OWNER'S of ' such Underground Facilities during construction,for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work,the cost of all of which will be considered as having been included in the Contract Price. ' 4.3.2.Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall,promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility,and the Contract Documents will be amended or supplemented to ' the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20.CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. ' Reference Points: 4.4.OWNER shall provide Engineering surveys to establish reference points for construction which in ' PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed-or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ' Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or ' Radioactive Material 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 and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR,Subcontractor, ' Suppliers or anyone else for whom CONTRACTOR is responsible. GC-9 1 I 1 =e ust Date August DOC.4.6 CONTRACTOR shall immediately:(i)stop all work in connection with such hazardous condition and in any area affected thereby(except in an emergency as required by 6.22), and(ii)notify OWNER and 1 PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action,if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any 1 required permits related thereto and delivered to CONTRACTOR special written notice i s condition and any affected area is or has been rendered safe for the resumption of Work,or()peecifying ang that ny special conditions under which such Work maybe resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment,if any,in Contract Price or Contract Times 1 as a result of such Work stoppage or such special conditions under which W ork is agreed by CONTRACTOR to be resumed,either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe,or does not agree to resume such Work under such special conditions,then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot 1 agree as to entitlement to or the amount or extent of an adjustment, if any,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 Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 1 4.7.1 The provisions of 4.2 and 4.3 are not intended toa t to Asbestos, Hazardous Waste or Radioactive Material uncovered or revealed at the site. PCBs, Petroleum, 1 i 1 1 1 1 1 1 GC-10 1 t Rlv1YSA1 Date 1Wgp2at 2001O] ARTICLE 5-BONDS AND INSURANCE ' Performance and Other Bonds: ' 5.1,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 CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract ' Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Suppiementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds,and as Acceptable Reinsuring Companies"as published ' in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased by CONTRACTOR shall be obtained from surety or insurance companies that are dulylicensed or uthori ned zed in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds ' signed by an agent must be accompanied by a certified copy of authority to act.Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. ' 5.2.2. CONTRACTOR shall deliver to OWNER,with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured)which ' CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. 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 5.1,CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. ' CONTRACTOR'S Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other ' insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance and furnishing of the Work and CONTRACTOR'S other obligations under the Contract Documents,whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of ' them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; ' 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR'S employees; ' 5.3.3.Claims for damages because of bodily injury,sickness or disease,or death of any person other than CONTRACTOR'S employees; ' GC-11 I I I 1 I I I I I I I I I I I I I I I ' RevisionDate august 700 5.3.4.Claims for damages insured by personal injury liability coverage which are sustained(a)by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b)by any other person for any other reason; ' 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6.Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property;and 5.3.7.Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. ' The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations ' insurance. All of the policies of insurance so required to be purchased and maintained(or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled,materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER,PROGRAM MANAGER,and PROFESSIONAL by certified mail. All such insurance shall remain in ' effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. in addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with ' evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: ' 5.4.The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR'S obligations under paragraphs 6.32 and 6.33. ' OWNER's Liability insurance: ' 5.5.OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and,at OW NER's option,may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents, ' Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and ' maintain property insurance upon the Work at the site to the full insurable value thereof(subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER,PROFESSIONAL and PROFESSIONAL'S consultants in the Work,all of whom shall be listed as insureds or additional insured parties,shall insure against the perils of fire and extended coverage and shall include"all risk"insurance for physical loss and damage including theft,vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary ' Conditions,and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property(including but not limited to fees and charges of PROFESSIONALS,architects,attorneys and other PROFESSIONALS). If not covered under the"all risk" ' GC-12 1 I I I I I I I I I I I 1 I I I 1 I I I Revleipe Dire A,gust 2001 insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shalt purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such ' portions of the Work are to be included in an Application for Payment. 5.7.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, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver ' provisions in accordance with paragraph of 5.11,2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR,Subcontractors or others In the Work to the extent of any deductible ' amounts that are provided in the Supplementary Conditions.The risk of loss within the deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. ' 5.10. If CONTRACTOR requests in writing that other special insurance be included in theo rt y insurance policy,OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment.Prior to commencement of the Work at ' the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. ' Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive ail rights against each other for all losses and damages ' caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive alt such rights against the Subcontractors,PROFESSIONAL,PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused.As required by paragraph 6.11,each subcontract between ' CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER,CONTRACTOR,PROFESSIONAL,PROFESSIONAL'S consultants and all other parties named as insureds.None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so Issued. 5.11.2. OWNER and CONTRACTOR intend that-pdicies provided in response toparagraphs 5.7 shall protect all of the parties insured and rovidese a 5.6 and P primary coverage for all losses and damages caused by ' the perils covered thereby.Accordingly,all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL'S consultant, OWNER will obtain the same,arid If such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. t GC-13 1 I I RevisiSn.Date 71u41,et zoo) Receipt and Application of Proceeds: ' 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear,subject to the requirements of any applicable mortgage clause and of paragraph 5.13.OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such ' agreement as the parties in interest may reach,if no other special agreement is reached,the damaged Work shall be repaired or replaced,the moneys so received applied on account thereof,and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds ' 5.13. OWNER,as trustee,shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power, If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any t party in interest, OWNER as trustee shall,upon the occurrence of an insured loss, give bond for the proper performance of such duties. ' Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance ' required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents,OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery,of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in ' respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. ' Partial Utilization-Property insurance: 5.15. if OWNER finds it necessary to occupy or use a portion or portions of the Work prior to ' Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated 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 lapse on account of any such partial use or occupancy. ' indemnification 5.16.1.CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER,and its ' employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys'fees,arising out of or resulting from the performance of its Work,provided that any such liability,claim, suit, demand, damage,loss,or expense(a)is attributable to bodily injury,sickness, GC-14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Revision ante Angvnt 2301 disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone ' directly or indirectly employed by any of them,or anyone for whose acts any of them may be liable,whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of ' CONTRACTOR,any SUBCONTRACTOR,anyone directly or Indirectly employed by any of them,or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for ' CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts,disability benefit acts,or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly ' employed by it from and against all claims,suits,demands,damages, losses expenses(including attorneys' fees)arising out of any infringement on patent or copyrights held by others and shall defend all such claims In connection with any alleged infringement of such rights. I 1 GC-15 1 p 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I Revision bets M g.at asol ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES • ' 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, ' methods,techniques,sequences and procedures of construction,but CONTRACTOR shall not be responsible for the negligence of others in the design or 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. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract ' Documents. 6.2. CONTRACTOR shall keep on the Work,at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except under extraordinary circumstances.The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR.Ali communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor,Materials and Equipment: 6.3, CONTRACTOR shall provide competent,suitably qualified personnel to survey and 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.Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents,all Work at the site shall be performed during regular working hours,and CONTRACTOR will not permit evening work or the performance of Work on Saturday,Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4, Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery,tools, appliances,fuel,power,light,heat,telephone,water,sanitary facilities, temporary facilities and ail other facilities and incidentals whether temporary or permanent necessary for the execution,testing, ' initial operation,and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new,except as otherwise provided in the Contract Documents. If required by PROFESSIONAL,CONTRACTOR shall furnish satisfactory evidence (including reports of required tests)as to the kind and quality of materials and equipment.Al!materials and equipment shall be applied,installed,connected,erected,used,cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents;but no provision of any such instructions will be effective to assign to PROFESSIONAL,or any of PROFESSIONAL'S ' consultants,agents or employees,any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. ' Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in ' paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. GC-16 I I I I I I I I I I I I I I I I I I I A .4ust 201 UgUi_Date A Substitutes or"Or-Equal"Items: ' 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier,the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if ' sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named.The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof,certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general ' design,be similar and of equal substance to that specified and be suited to the same use as that s fied. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S achievement of Substantial Completion on time,whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents(or in the provisions of any other I direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and • whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. Ail variations of the proposed substitute from that specified will be identified in the application and available maintenance,repair and replacement service will be indicated.The application will ' also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change,all of which shall be considered by PROFESSIONAL. in evaluating the proposed substitute,PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR'S expense, additional data about the proposed substitute. 6.7.2. If a specific means, method,technique,sequence or procedure of construction is indicated in or required by the Contract Documents,CONTRACTOR may furnish or utilize a substitute means, method, sequence,technique or procedure of construction acceptable to PROFESSIONAL,if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents.The procedure for review by PROFESSIONAL will be similar ' to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed ' substitute.PROFESSIONAL will be the sole Judge of acceptability and no substitute will be ordered,installed or utilized without PROFESSiONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing.OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense,a special performance guarantee or other surety with respect to any substitute.PROFESSIONAL will ' record time required by PROFESSIONAL and PROFESSIONAL'S consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute,CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. Concerning Subcontractors, Suppliers and Others: ' 6.8.1. CONTRACTOR shall not employ any Subcontractor,Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2)whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor,Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. GC-17 I 1 i i C\rtSix 1 /august 2.61 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions,OWNER's or PROFESSIONAL's acceptance(either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents)of any such Subcontractor,Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price wit be increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed.No acceptance by OWNER or PROFESSIONAL of any such Subcontractor,Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors,Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents shall create any contractual ' relationship between OWNER or PROFESSIONAL and any such Subcontractor,Supplier or other person or organization,nor shall it create any obligation on the part of OWNER or PROFESSIONAL to pay or to see to the payment of any moneys due any such Subcontractor,Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawl control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Worshall to be ' performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11.CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. rPatent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use i 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. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims,damages,losses and expenses including attorneys'fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any Invention,design,process,product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged ' infringement of such rights. Permits: 6.13. CONTRACTOR shall obtain and pay for all construction and encroachment permits,licenses, governmental charges and inspection fees,and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions.Any delays associated with the ' permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. GC-18 r i i i 2.8v1s101%DOGS August 2001 Laws and Regulations: ' 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work.Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such t laws,rules,and regulations,it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws,ordinances,rules,and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales,consumer,use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR strati confine construction equipment,the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract ' Documents and other land and areas permitted by Laws and Regulations, rights-of-way, rmits and easements.CONTRACTOR shall not unreasonably encumber the premises with cnstruction equipment or other materials or equipment.Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR.CONTRACTOR shall assume,full responsibility for any damage to any ' such land or area,or to the OWNER or occupant thereof or of any land or areas contiguous thereto,resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such OWNER or occupant because of the performance of the Work,CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. ' CONTRACTOR shall,to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses(including, but not limited to,fees of PROFESS IONALs, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party ' against OWNER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from ' accumulations of waste materials,rubbish and other debris or contaminants resulting from the Work.At the completion of the Work,CONTRACTOR shall remove all waste materials,rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery,and surplus materials, and shall leave the site clean and ready for occupancy by OWNER.CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. GC-19 1 1 p I I I I I I I I I I I I I I I I I I I I RevisIon Date almuset 2001 6.18. 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 them. Record Documents: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes in red made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein,whether in storage on or off the site;and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,roadways,structures,utilities and Underground Facilities not designated for removal,relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards far such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERS when prosecution of the Work may affect them,and shall cooperate with them in the protection,removal,relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance,with paragraph 14.13 that the Work is acceptable(except as otherwise expressly provided in connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. GC-20 I I I I I I I I I I I I I I I I I I I I I Revision Dace Aliquot.2001 I Emergencies: I 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or I variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Change Directive or Change Order be issued to document the consequences of the changes or variations. I 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events njuries to any person on the Site,whether or not such person was engaged in the construction of the Projecgt,�and shall I file a written report on such person(s)and any other event resulting in property damage of any amount within five(5)days of the occurrence. 6.22.2. if PROFESSIONAL determines that a change in the Contract Documents is required because I of the action taken by CONTRACTOR in response to such an emergency,a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: I6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and I stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions,design criteria,materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of I each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and I approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR'S I stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria,materials,catalog numbers,and similar data,and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. I 6.24.1, No Work requiring a submittal or sample submission shall commence has been approved by PROFESSIONAL. A copyof each approved untilach othe ssaubme ission ssiallll be kept in good order by CONTRACTOR at the site and shalbe ailablekto PROFESSIONAL and OWNER. I Any delays associated with the submittal process will be considered for time extensions only,and no damages or additional compensation for delay will be allowed. I 6.24.2. Before submission of each Shop Drawing or sample,CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, Installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract IDocuments. GC-21 I I IF i bALlon Date August 300I 6.24,3. At the time of each submission,CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract ' Documents, and, in addition,shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and ' samples,but PROFESSIONAL'S review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents)or to safety precautions or programs incident thereto.The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. ' 6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL'S attention to each such variation at the time of submission and the OWNER has given written approval to the specific deviation;any such approval by PROFESSIONAL shall not ' relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work ' performed prior to PROFESSIONAL'S review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. ' Continuing the Work: 6.30. 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 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: 6.31- CONTRACTOR shall maintain the site free from accumulations of waste materials,rubbish,and other debris or contaminants resulting from the work on a daily basis or as required, At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition ' to any other rights available to OWNER under the Contract Documents,CONTRACTOR'S failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. ' Indemnification: 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALS, architects, attorneys and other PROFESSIONALS and court and arbitration costs) arising out of or resulting from the ' performance of the Work, provided that any such claim, damage, loss or expense(a)is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself) GC-22 ► i Revloloc pats August 2001 including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR,any Subcontractor,any person or organization directly or indirectly employed by ' any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. ' 6.33. In any and all claims against OWNER,PROGRAM MANAGER or PROFESSIONAL or any of their consultants,agents or employees by any employee of CONTRACTOR,any Subcontractor,any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for ' whose acts any of them may be liable,the indemnification obligation under 9 paragraph 6.32 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 or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. ' 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL'S consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports,surveys,Change Orders, designs or specifications, I GC-23 I ' ReuDate Kugse augupt cool ARTICLE T---OTHER WORK ' Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER'S own forces,have other work performed by aided OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents,written notice thereof will be given to CONTRACTOR prior to starting any such other work,and,if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof,CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a ' direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting,fitting and patching of the Work that may be required to make its several ' parts come together properly and integrate with such other work.CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL 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. 7.2. If any part of CONTRACTOR'S Work depends for proper execution or results upon the work of any such other contractor or utility OWNER(or OWNER),CONTRACTOR shah inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR'S failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: ' 7.4. If OWNER contracts with others for the performance of other work on the Project at the site,the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be ' covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions,neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. r GC-24 I I I I I I I I I I I I I 1 I I I I I I I neviaion Data iwgua:3003 ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL. ' 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. ' 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13, ' 8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4, Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property ' insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. Iparagraph 8.7. OWNER13.4. 's responsibility in respect of certain inspections, tests and approvals is set forth in rk or ' connection right stop 4suspend paragraphsn15.1. Paragraph 15.2 deals with OWER'sight toterminate aces of CONTRACTOR under certaincircumstances. ' GC-25 t i I Aevisida Data negesn zcol 1 ARTICLE 9--PROFESSIONAL'S STATUS DURING CONSTRUCTION ' OWNER'S Representative: 9.1. PROFESSIONAL will be OWNER'S representative during the construction period.The duties and ' responsibilities and the limitations of authority of PROFESSIONAL as OWNER'S representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. ' Visits to Site: ' 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ' PROFESSIONAL'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL,PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in ' the Work. Project Representation: 1 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Representative to assist PROFESSIONAL in observingthe Project rk. The duties, responsibilities and limitations of authority of any such Resident Project Representative and oassistant will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL'S agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: ' 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR,which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time,CONTRACTOR may make a claim as provided for in Articles 11 or 12. ' Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are ' consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly.If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may ' make a claim therefor as provided in Article 11 or 12. GC-26 I I I I I I I I I I I I I I I I I I I '1 i lisvisiorDate VATJet 2061 Rejecting Defective Work: ' 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: ' 9.7. In connection with PROFESSIONAL'S responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. ' 9.8. In connection with PROFESSIONAL'S responsibilities as to Change Orders,see Articles 10,11 and 12. 9.9. In connection with PROFESSIONAL'S responsibilities in respect of Applications for Payment, ' etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR, PROFESSIONAL will review with CONTRACTOR PROFESSIONAL'S preliminary determinations on such matters before rendering a written decision thereon(by recommendation of an Application for Payment or otherwise). PROFESSIONAL'S written decisions thereon will be final and binding upon OWNER and CONTRACTOR,unless,within ten days after the date of any such decision,either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. ' Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents ' and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time.Written notice of each such claim,dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly(but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11,PROFESSIONAL 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.The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim,dispute or other matter(except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16)will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. GC-27 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 I i Revision :ate August 2092 Limitations on PROFESSIONAL'S Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR,any Subcontractor,any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR,any Subcontractors,any agents or employees, or any other persons performing any of the Work. 11 I I I GC-28 I 1 =���� ARTICLE 10--CHANGES IN THE WORK 10.1.Without invalidating the Contract,OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifying the Work to be added,deleted or revised. Upon receipt,CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the proposed deletion,in which case CONTRACTOR must cease performance as directed;CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2.Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time,except in the case of an emergency as provided in Article 6.i The effect of this paragraph shall remain paramount and shall prevail Irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed,Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4. In ttie absence of an agreement as provided in 10.3,OWNER may,at its sole discretion,issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3. The Work Change Directive will specify a price,and if applicable a time extension,determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may submit a claim in accordance with Articles 11 and 12,but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Work Change Directive. 10.5.CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim achonn, unless otherwise agreed to in writing. 10.6. 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 Time)is required by the provisions of any Bond to be given to a surnty, the giving of any such notice will be CONTRACTOR'o responoibUity, and the amount of each applicable Bond will be adjusted accordingly. GC-29 �� =^.110 DOLLS August 2001 ARTICLE 11-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments)payable tuCONTRACTOR for performing the Work. All duboo neoponuibUibeuand nb/�odons assigned tporundodmkmnbyCONTRACTOR shall bwetC�ONTRACTOR' ' Contract Price. oe«penwevviUhoutchmnQeinthe 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment.Any c|a|mfnronincraaoaordourpaoeinthyCpn1ran1Pricoohall be based on written notice delivered b the r than thiydmyw)ahortheoncurrenoeoftheevmntQ|v|ng,iaetotheo!a/mmndsta8ngthegonon—|natun~of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence(unless PROFESSIONAL allows an additional period of time to ascertainmore accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts event.(dinect. indirect and consequential)bowhich the claimant ioentitled emaresult ofthe occurrence ofsaid AJ|daimofor m�uotmortinthe Conb � � Phceaha/| bedo��.minedbyPR[)FE8Q|ONALinaccoujanoe ~~ involved.paragraph 0.11ifOVVN2Rand CONTRACTOR cannot otherwise agree onthe amount Nod�� °"' onmcUuntmnn(intheCon�actPhcav�UbeveUd �notaubmhkadinamzondanoevv�hthi ''''"/ opana0naph 11.2. 11.3. The value of any Work covered bye Change Order or of any claim for an adjustment in the Contract Price will be determined by thefuUowing procedures: 11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those Items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 1.32. VVhon it io doterminad by DVVNEH thot an ad6ition. Ii deletion, or revision to the Work, mnde�nedin1heaaContrautDonumonta. �nr�quiredonda�ect�thequanUbenreq~1p*dfo,/bymados|gnedinUhn8kd Proposal as unit price items, CONTRACTOR and OWNER aA'ae that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. h 1t»w »ompe»omM»npayeb/etoCONTFACTORho/ouchundpri~.itemooha|| boacUustod0000ndlng/yoyaCnan8eOnderboaeduponthaapp|ivadnnofLhaeppnophateunitprin000howninhe8idprc'nna| bothequmnUtynftheunitprinei(amnequ|redtnoomplmhatheVorkmodefnodinthoCnn1nactD ' uents. 11.3.3,Other Unit Prices. For items not designated in the bid proposal as unit pricesOWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. ' 11.3.4. Lump Sum. When it is determined by OWNER that an additiondeletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal` as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by "'mutual agreement the parties. I11.3 //1hmpnc/n methodaspaoifiedin11.3ano!napp|ioeb|e,orifthepadkanmneunabdetoagrnmon .5. ephoefortheuhmngodwmrk.ereaoonab|epr/neforthaeamemhoUbeoobab|iuhedbyOVVNERinacuondanoe with 11.4 and 11.5, OWNER shall then process a unilateral Change Ordermpeo�yinUthe said reasonable prico, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order. ~~ GC-30 "~^ion Rorie �� 11.3.6, Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions � within the specification tolerances shall result In:reconstruction to acceptable tolerances at no additional costs to OWNER;acceptance at no pay;or acceptance at reduced final pay quanttty or reduced unit price,all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to =� construct to plan or authorized dimensions. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR In the proper performance of the Work. Except as otherwise may be agreed to in writing by OVVNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized In paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemp/oymant, excise and payroll taxeo, workers' or workmen's oompensation, health and retirement benefitu, bonuses, sick |omxe, vacation and holiday pay applicable thereto,Such employees shall include superintendents and foremen at the site.The expenses of performing Work after regular working hourson Saturday, Sunday or legal holidays,shall be included in the above to the extent authorized by OWNER. 11.4.2. 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 paymento, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If Ifrwquired by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such blds to OWNER who then determines,with the advice of PROFESSIONAL,which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Pius a Fee,the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work.All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to angineern, architects, testing |aborato,ioe, surveyors, attorneys and accountants)employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 114.5.1. The proportion of necessary transportation,travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work, 11.4.5.2. Cost, including transportation and mu|n1enanne, of all matarie|a, mupp|iee, equipment, machinery, app!ianoos, office and temporary facilities at the site and hand tools not owned by the workers, GC-31 ~~ lb Reviinon"ame Augum,201 which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the propertyCONTRACTOR,wf 11.4.5.3. Rmnta|onYaUuunotruntionequ)pmerkandmmuhineryandthepartathen*ofwhether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, inutaUa8pn, dismantling and removal thereof-all in accordance with terms of said rental agreements.The rental of any such equipment,machinery or parts shall cease when the use thereof isnn longerneuauumry/ortheVork. liable, imposed 11.4.5.4. Sales,consumer, use nrsimilar taxes related tothe VVork.and for which C(JNTRACTORiu � . byLewmendRmgu|mdnna. 11.4.5.5. Deposits lost for causes other than negligence ofCONTRACTORany Subcontractor nr liable,anyone direcUyorindirooMyemployed byany ofthem orfor whose acts any ofthem may beand royalty paynnantnand fees for ponn�aand licenses. I11.4.5.6Losses and damages(and related expenses), to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they 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. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams,long distance telephone callstelephone oamiceotthe o�a. expressage and simUarpmth'cash items inconnection with the VVnpk. Work 11.4.5.9. Cost ofprenn}umsfor addidona|Bonds and insurance required because ofchanges inthe �xx Oanopremiums uyproperty Insurance coverage within the limits ofthe deductible amounts established hy vvmEmmaccordance with paragraph 6.6. 11.5. The term Cost of the Work uha|l not inciude any of the following: 1.b.1. Peyro||nootuandcdhercnmpenomUonofCONTRACTQR'onffiuens.emauutiveo phnc|pa|o�f pa�namIi auditors,n/p andsole pnopxiehorohipe). general managers, anginoern, architects, estimators," attorneys, accountants, purchasingen� contracting agents, timekeepers, clerksand vtho pomonne|employed by[�DNTRACTDRwhether mtthe site or|nC ^""n�CTOR'oi ' | ' for general edm/nioha8onufthe VVorkand not opaoifioaUyinduve« in the aPn»opa ora�non�h��«e c/mn«i5«aUonsreferred boinparagraph 11'4'1o/apmo�caUycovered oyParQn�ao «pon schedule of job ~~ considered edmin|s�et/vecosts covered CONTRACTOR.sFee. agrmpn7��4'4'�/|ofwh/ohane1oba 11.5.2� Expanoeu of CONTRACT[>R'� pr)nnipe/ama bnenoh nf�neu o�h�r than {�0NT�4�TOR' office �t�hewi�eu 11.5.3. Any part of CONTRACTOR's capital expenses,including interest on CONTRACTOR'S capital GC-32 Itevisior 2� used for the Change Order Worand charges against CONTRACTOR for delinquenpayments. 11.54. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by bytho Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). mm 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work,disposal of materials or equipment wrongly supplied and making good any �� �� damage to property. �� 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACT0R'mFem: 11.5. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11:0.1, a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. CONTRACTOR's Fee shall be fifteen percent, 11.6.2.2. for costs incurred under paragraph 11.4.3,CONTRACTOR's Fee shall five percent;and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4,11.4.5 and 11.3, 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and 11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.5.2.1 through 11.6.2.4, inclusive. 11.7. For all ohenQos. CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager,plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change,the combined overhead and profit shall be calculated on the basis of the net change,whether an increase or decrease. In any event,the minim urn detail shall be an itemization of all man-hours required by GC-33 _ I I ^ I ^���� discipline/trade with the unit cosper man-hour and total labor price,labor burden,equipment hours and rate I itemized,�reach piece ofequipmenima��a|byundacfmeasure and pduaper uni�other costs upeu�o�|y plus the overhead and proOtmarkup. ICash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named inthe Contract Documents and mhuUcause the YVorkaocovered tobadone bysuch Subnwnt,actomor Supp|iemand for such sums within the Umitofthe allowances mamay bmeunmp1u� PROFESSIONAL -- CONTRACTOR agrees that: I1181. . The eUm*oncooinclude the cost tnC(]NTRACT(]R0aomany applicable trade discounts)of . maVaria|sendequipmontnoquirodbytheaUuwanuao(obedaUvonedatthemihaandaUoppUcab|etaxau;and 11.8.2. CONTRACTOR'S costs for unloading and handling on the inabmUeUonuou�s I ovorhomd. profitand u�herexpennea contemp|ated fnr �he allowances hav� site,boa' labor,inn[u--ad in �he �on�oo` ' Price and not in the allowancesNo demand for additional payment on account of any thereof will be valid, I ~ I Prior to final payment,an appropriate Change Order will be issued as recommended y PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work coverd by allowances, and the Contract Price shall be correspondingly adjusted. Un/ Price Work: -- 11.3.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work ind]aUythe ConhoctPdnowiUbedeemed to|ndudefor aUUndPr�mVVorkonamount equal hothe sum pfthe established unit prices for each separately idnnUOeditem ofUndPdceVVorktimes the estimated quendty I of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining mninitial Contract Oetonninedipnucftheaotuo|quandUeoando/ooui�umUononfUn|tPhooVVorkpa�ormedbyCONTRACT~'` Price. I w@| bemadmbyPROFE8S|ONALinoucordanuaw}thPermgrmph0.1O, 11.0.2. 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. I 11.9.3. Where 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 there is no correspondingVV adjustment with respect �o anyo�ho, item ofork and if CONTRACTOR believes that I OONTRACTORhauinnu�edaddibona/oxpenuoananoaubthereof.CONTRACTORmaymakeac|aimforan increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. I I I GC-34 I .MP 1 1 Revision tate August 2301. ARTICLE 12--CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven(7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen(15)calendar days after such occurrence unless the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly Indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL,or by an employee of either,or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes,fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence,or any causes beyond CONTRACTOR's control or fault,then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however,notwithstanding anything in the Contract Documents to the contrary,no interruption,interference, inefficiency,suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible In whole or in part,shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption,interference,inefficiency,suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. 1 1 1 1 1 GC-35 1 1 1 ���� ARTICLE 13'-WARRANTYAND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION N� REMOVAL OR ACCEPTANCE OF DEFECTIVWORKE ' Warranty and Guarantee: 1 13.1. C(JNTF�.CTDRwarrants and guarantees tn��VVNERthat aUmaterials and equipment wit be new unless otherwise specified and that all work will becfgood quaUty performed in a workmanlike manner 'frow from faults or defects, and in accordance with the requirements of the Contract Documents and mnyinapect|nno.tenbu.orappmvo|oreferradto|nthimArbde. All unsatisfactoryVork,all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable buildinconstruction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL, All defective work, whe«»w/nrnotinplaom' maybenejeoted' oonnctnd. ormcumptedaopnovidedinthiuArtc|n. Access to Work: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized repeoentobveaofany regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection nrtesting byothers, ~~ Tests and Inspections: jurisdiction Work having �ONT»� v�xu/x�qu/ne�nyorKoospeni�oo||ybe|napnuted.hao�d.ormpprovadbynomnoneodhmrthan mAC|OR' CC]NTRACTORoha|| givm9ROFESG|ONALUme|ynoticeofreed|nmuuthernfone. 13.4. The temdngfirm(o) (If assigned by OWNER to this Work) and all such inspections, tests, or approvals /d d foby other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For ail required inspections,tests,and approvals on any Work prepared,performed,or assembled away from the site,CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR'S expense. public 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any pu c body having jurisdiction shall be performed by organizations acceptable to OWNER and -- CONTRACTOR (or by PROFESSIONAL if so specified). hI13. /fonyVVork(indud|ngthevvorkofothoro)thatiotobe/nopecbed Uyntadoreppnovedionovured 6. withoutwMenouncu,nonnoofPRDFESS|UNAL. hmumt. �nequeotodby 'PROFESSIONAL, beuncovered hx observation. Such uncovering ahaUbeotCONTF�\CTOR'oexpense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted wit . reasonablepnomp�naau in response to such notice. -- 13I Neither observations by PROFESSIONAL or Projectnor inspa��k»no ���� or approvals bypmmonuother than 0ONTRACT{}RohaUrelieve CONTRACTORmV� ' ' s obligations to perform the w� GC-36 Re���� Work in accordance with the requirements of the ContracDocuments. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or If any Work is covered contrary to the request of PROFESSIONAL,the Work shall,if requested by PROFESSIONAL,be uncovered for observation,inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary d isable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's roquwst, shall uncover,expose or otherwise make available for observation,inspection or testing as PROFESSIONAL may requira, that portion of the Work in quembon, furnishing all necessary labor, material and equipment. If it is found that such Work is dnfaotive. CONTRACTOR shall bear all direct and consequential costs of such uncovering,exposure,observation, inspection and testing and of satisfactory reconstruction(including but not limited to fees and charges of PROFESSIONALs, anoh|teotm, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, ~~ such Work is not found to be defective,CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both,directly attributable to such uncuvedng, exposure, observation, inspection, testing and n*nonmtrmutinn, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 18.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for |abor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work 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 the partofOVVNERtooxo,cisethinrightfortho benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase In the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL,CONTRACTOR shall promptly,without cost to OWNER I as specified by PRQFESQ|ONAL, either correct the defective Work whether fabricatedinstmUad, or completed, or remove it from the site and replace it with nun'defer\ivmVVo,k. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified inewritten notice from PROFESSIONAL,OWNER may have the dmficienoycorrected. All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the norronUon, remova|, or replacement of the defective Work. One Year Correction Period: 13.13 If, after approval of final payment and prior to the expiration of one year after the date of ~~ substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Dooumon1o, any Work or materials are found to be GC-37 w� =_�� defecUve, inoomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR oha| |prnmpdy. v�houtcomthoOVNERandinanco�ancewbh ] VNER'awr�aninmtrucd°n� eitheroo�erLavohdmfect|vaVorkor�dhmaboenn�octadbyDVNER.nemnve|t�omtheSibyandre�~~edwthnondafect�oVork. |fCCNTRACTORdoonnotprompdyoomp|ywiihthebermao{suuh|natructi~' "' OVNER / oyhavmtha defective Work corrected, removed, or replaced. All direct, indirectand conmequenda| costs ofsuch removal and ne�acemmnt(in~udingbu�" ut|imi\adb»fees and charges of engineers,aoohibynto,attorneys and other professionals)will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead ofrequiring U n or removal and replacement of defec |ve Work, OVNER(und. prior to PRDFESS|DNAL'orecommendation of final payment, PROFESSIONAL)prefers to accept it,may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to evaluation of and determination to accept such defective Work (such costs to be approved by as to reasonableness and to include but not be limited to fees and charges of engineers,architects, attorneys and other professionals). |fany such acceptance occurs prior to PROFESSIONAL's Irecommendation uffinal payment,aChange Order will boissued incorporating thm'~~-~~a'x'°,°=m»/x'o( ontrao Documents with respect to the Workand OWNER shall»e entitled to an appropriate decrease in the Contract Price, and, ifthe parties are unable magree oot the amount thereof, OWNER may make oclaim therefor aoprovided inArticle 11. If the acceptnce occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: -- 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, nrifCONTRACTOR fails 10perform the Work |naccordance with the �nnhnntOocummntu'prifCONTR\CTORhaUotocump/ywdhanynthorpnnvioionofthmContnao Documents, R s,OVNERma8ofteroovendayo'wr|ttennoUnntoCONTR&CTOR correct and remedy any such deficiency.In exercising the rights and remedies under this paragraph, OVNEohoUprnceadaxpeditiouo|y,tothe extent necessary tocomplete corrective and remedial action.OWNER may exclude CONTRACTOR-from a||«rpart nfthe site,take possession ofall orpart nfthe Work,and suspend CONTRACTOR'5 oemineurelated thereto, take possession ofCONTF4CTOR'atools, appliances, »o»ohuctionuquiPnentmndmoohinorym(thmmiteondin«»rpnnate in the Work ail materials and equipment stored at the site or for which OWNER has paid but which stored elsewhere. CONTRACTOR shall allow OyNER. OyNER.onepreaentedwyo. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph.All directindi»*�and ounoeqmen1�|costs ofOVVNER inexercising such rights and remedies xv/||bacharged against CONTRACTOR inanamount approved auto reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary �~ revisions in the Contract Documents with respect to the Workand OVVNERuh�|beanUt|edtoanappropriate decrease inthe Con� c� � Pdna.ond.�thmpa�iwoereunab/et'--~—omou\othaamounttheroo/ DVVNERm make aclaim therefor amprovided inA�|c/e11.Such direct, | --'--tmndonnmequenhu/nnnbainclude,"«`U| may not beU ' limited fees and charges of engineersommn hibu � ou� and oU�oatn ofn�air and replacement ofwork ofothers destroyed o/damaged bycvrreobon. removal or ryymm' (]om o'�|F�VCTOR shall not be allowedd en extension ofthe Contract Time because nfany delay in p OVVNER'shQh�uondnemedinuheneund*''/v /oan /the Work attributable hothe exercise byOWNER cf Neglected Work by CONTRACTOR GC-38 V �_tio -cst . 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including,but not limited to,employing additional workmen and/or equipment, and working extended hours and additional days,all at no cost to OWNER In order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents,including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such emount. CONTRACTOR shall pay the difference to OWNER. 13 �0 ShouldC(�NTRACTC}RwmrkovnrUme.vvmehendoorho|id�yakzre�mindheuchodu|�.a/|oouts � � to OWNER of associated inspection,construction management and resident engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. 1 GC-39 RevIsio0 Date Allguet 2001 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2, Al least twenty (20)calendar days before the date established for each progress payment(but not more often than once a month),CONTRACTOR shall submit to PROFESSIONAL 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 and other arrangements to protect OWNER'S interest therein,all of which will be satisfactory to OWNER. Payment is subject to a ten percent(10%)retainage that will be held until the final payment or acceptance by OWNER,The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. 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 ail Liens. Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar 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 PROFESSIONAL's reasons for refusing to recommend payment. In the latter case,CONTRACTOR may make the necessary corrections and resubmit the application, OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL'S recommendation of the amount for payment,pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL arid on PROF- ESSIONAL's review of the Application for Payment and the accompanying data and schedules,that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is In accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that GC-40 RevisionAllgUSL Date CONTRACTOR is entitled to payment of the amount recommended. Howwvor, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 1413 have been fulfilled. 14.7. PROFESSIONAL may refoo to recommend the whole or any part of any mnt if, in PROFESSIONAL's opinion,it would be incorrect to make such representations to OWNER.PROFESSIONAL may also refuse to recommend any such payment,or, because of subsequently discovered evidence or the results of subsequent inspections or tests,nullify any such payment previously recommended,to such extent as may be necessary in 9ROFES8|DN/\L'o opinion to protect OWNER from loss because: 14.7.1. the Work is defon0vo, or completed Work has been damaged requiring correction or ~~ replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of PROFESS IONAL's actual knowledge of the occurrence of any of the events enumerated ri paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims havebaenmademgainotOVVNERnnacnountnfCONTRACTDR'aporformanoeurfurnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended,but OWNER must give CONTRACTOR immediate written notice(with a copy to PROFESSIONAL)stating the reasons for such action, Substantial Completion: N� 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete(except for items specifically listed by CONTRACTOR as Incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, 0VVNER. CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work substantially nompiaha. PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment,OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any provisions of the certificate or attached list.lf,after considering such objections,PROFESSIONAL ooncludes that the Work is not substantially corn plete,PROFESSIONAL will,within fourteen days after submission of the GC-41 «� � ���� tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons ' — � �herafor. If, after of OWNER's, objections, PROFESSIONAL considers the Work substantially comp[obe`PROFESS/DNALvU1 �dhin said fourteen days execute and deliver to OWNER and CONTRACTOR a certificate of Substantial Completion (with a revised tentative list of items to be completed oronnectad) e�eot|ngnuchohanganfromthebentaUveoerU�pa0oaaPR0FESSIONALb /ie«esj«�g�ndaf�rnnnnidonmUonwfunyo�en0ono�omOVNER�/�the time n/delivery—f thetentativeommnmmo*Substantial Compimtion. PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to nn. aefety, maintenance, heat, utilities, insurance and warranties, Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Cnmp|otion. PROFESS0NAL'n aforesaid recommendation will beb}ndingonOVNERandCONTFACTCRu til final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10.asspecU���NER�UWNE�--~bo of any~��n� y been Identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by I OWNER for Its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the following: ' ---- -'-- ,' "' of m,vv /vvm � uueu m oue I 14101OWNER at any time may request CONTRACTOR such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work,CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work.Within a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion.If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR, in writing,giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.1Q.2. OWNER may udany time request CONTRACTOR,inwhUngVopermit OVVNER(utake over operationpart ofanyouohnfbheVVorkakhuugh/t�nctsubnbar�ha|k'oomp| " A copy of such request will be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and -- PROFESSIONAL shall make aninmpemUonofthat part nfthe VVorktodetermine i1ouotuonfcnmp|etion and PROFESSIONAL will prepare a list of the items remaining to becompleted oronrne--edthereon before final payment. |iCONTRACTOR does nd PROFESSIONAL that such part of the Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and GC-42 = � "�;���� CONTRACTOR with respecto securityoperation, safety, maintenance, utilities,insurance,warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation(unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During Duhn ch operation and prior to Substantial Completion of such part of the VVnrk. OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work, 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. 14.10.4. OVVNER, may at its dimnmUon, reduce the amount of retainage subject to Beneficial Occupancy. Final firm/Anspectimo/ 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereofPROFESSIONAL - 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 remedy such defi- ciencies. Final Application for Payment: w� 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions,schedules,guarantees,bonds,certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required,(ii)consent of the surety, if any,to final payment,and(iii)complete and legally effective releases or waivers(satisfactory to OWNER)of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by OWNER, CONTRACTOR may furnish receipts or release 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 payrollsmaterial arid 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. 14.12.1, No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. �� GC-43 1 I= I I , , �� �� �� - ' 14.122 Notwithstanding any other provision of these contract documents to the contrary, OWNER I and PROFESSIONAL are under no duty or obligation whatsoever to any vandor` materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CO NTRACTOR to any ofthem are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy ofnompmyment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, I indemnifying OWNER and PROFESSIONAL for all claims arisingfrom or resultingfnom Subcontractor or supplierormabsrio| men or laborer services in connection with this project. <3nnera//ndamn|ty:CC)NTRACT{]Raho||indemnify[)VVNERaodPROFESS|ONALfurany I14.12.3. �dama0aaauobained. inc|uding /notpn� ts. nmuu|tinghopnCONTRACTOR'ofeUuneorrefuae| tope�nnnths work required by these contract documents. IFinal Payment and Acceptance: 14.13, |f, on the basis of PROFESSIONALs observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying I documen1adonoonoquired.bytheCnntractDoounnento. pRC)FES8iDNALiooaUmfiedthattheVVorkhaabeon completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, , PROFESSIONAL will,within ten(10)working days after receipt of the final Application for Payment,indicate in writing PROFESSIONAL'S recommendation of payment and present the Application to OWNER for payment, At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14'6Otherwise, PROFESSIONAL will return the application toC{ NTRACTOR. indicating in writing the reasons for refusing to recommend final payment, inwhich case ICONTRACTOR shall make thone«eaoaryno/rn� onoondrenubmittheApp/icedon. AfterthepreaantmUontnOyNERoftheepp|icmt/onondmnoompanyin0dooumentotion. inappmprkutehnrmandsubotenneandvbh PROFESSIONAL's recommendation and notice of ooceptabi|ity, the amount recommended by PROFESSIONAL will become due and will be paid by(]VVNERto CONTRACTOR. I14.14. If, tf'rough no fault of CONTRACTOR,final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER ohm||, upon receipt of CONTRACTOR's final Application for Payment and nacnmmandadonofPROFESSIONAL and without bamn/nuUngthe Agn*mmentmake payment of I the balance due for that po�ivnufthe VVorkfuUycompleted and aooepted If the remaining balance tnbeheld byDVYNERforVVorkno4fuUynonop|atodornorreotediak*owthonthe retainagesUpu/abedi^the Contract and �bonds have been fuminhedaamquiredinArho|eG. the written consent the surety tnthe payment nfthe balance due for that po�ionnYthe VVurkfuUycompleted and accepted ohaUbeoubmi�edb'CONTRACTOR I to PROFESSIONAL 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. I C0N�������R� Con�no�gOb���on' . 14.15, CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final I paynnentbyPROFESS0NAL. northoiooumnoeofmoo��ioetmofSubmtanUedCnmp/eUnn nor any payment bOVVNERtoCONTRACT{)F�under the{�pntnactDocuments, nor anyu`—aor occupancy ofthe VVorkorany po�thereof byOVVNER.nor any adnfonne�amcoby ` -OWNER nor any failure to do so, nor any review and approval of a Shop Drawing orsample Iuubmimoion. nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will const'-- an acceptance of Work not in accordance with the Contract Documents or a release of I GC-44 • Revision Date '_ ' ' CONTRACTOR's obligation to perform the Worin accordance with the ContracDocuments (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute; 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens,from defecfive Work appearing after final inspection pursuant to 14.11,from failure to comply with the Contract Documents or the terms of any special guarantees specified there|n, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.10.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. GC-45 �� . III PRevision"ate ==== ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: �m 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a poriodofnotmnrethmnh/doynbynoUwxiUogtoCQNTF��CTORondpROFESS0NALwhiuhviU�x �ho data un which VVonkninuvviU be rasumed� �8NTue|nF�.CTDR whaU resume the VVn,k nn t�m date so �ix�d. CONTRACTOR shall baallowed mnadjustment inthe Contract Price nranextension ofth*CnntnectTime.or both,directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of any one or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect,-or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2.if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now orhereafter ineffect mt the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; ifC{}NTRACTURmekeoagenera/ass|Qnmenthorthabanuf ufomditnm; I15.2.3. 15.2.4.if a trustee,receiver,custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of-such property for the benefit of CONTRACTOR's creditors; 15.2.5,if CONTRACTOR admits in writing an inability to pay its debts generally,as they become due; 15.2.8. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to,failure to supply sufficient skilled workers or sultable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); m� 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. ifCONTRACTOR disregards the authority ofPROFESSIONAL; or ~~ 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may,after giving CONTRACTOR(and the surety, if there be one)seven days'written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools,appliances, N� GC-46 m� ' , RevitiOn=. ��,� construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR(without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all ' materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere,and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct,indirect and consequential costs of completing the Work(including but not limited to fees and charges of PROFESS|ON&Lo, arch|0outo, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this pansQraph. OWNER shall not be required to obtain the lowest price for the Work ~~ performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. Termination for Convenience 15.4. Upon seven working days'written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without e to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For 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; 15.42. For expenses sustained prior to the effective date of termination in performing services and furnishing |abor, materials or equipment as required by the Contract Documents in connection with uncompleted Work,VVork. p|uu fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims,costs,losses and damages incurred in settlement of terminated contracts with Subcontractors,suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. 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. 15.5. 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. CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR,the Work is suspended for a period of more than ninety calendar days by OWNER or under an order of court or other public authority,or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days GC-47 1 Revision Cate Auquet 2003 to pay CONTRACTOR any sum finally determined to be due,then CONTRACTOR may upon seven working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy,if PROFESSIONAL has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay ~� CONTRACTOR any sum finalldetermined to be due,CONTRACTOR may upon seven days'written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12for onincrease inContract Price orConirmct Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping or' as permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. 1�� ReVSS1OS"ate August 2001 ARTICLE 16--DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or factor both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers 111 pertaining to claims shall be filed In quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim,together with its character and scope. In the memntime. CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived,except that if the claim is of a continuing character and notice of the claim is not given within ten(10)working days of its commencement,the claim will be considered only for a period commencing ten(10)working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested,directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the GdperiorCourt of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County,Georgia,and waives any right to contest same. �� � GC-49 -- I . I , , Ats,ot 2:.V1 IGiving Notice: ARTICLE 17-MISCELLANEOUS 17.1. YVhnneverany pno�a�nu/�mConb�oDonuma�orequimethe giving ofw��en��iu*.|twill be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to -- onoffioarofthmnnrpunn1ionforwhomitioinbyndnd. orifde|ive,edsdoraentbyregintoredorcmrtiOedmai!. postage pnepu|d, to the last business address known to the giver of the notice. I Computation of Time: 1 I17.2When any period of time is referred to in the Contract Documents by days,it will be computed .1. to exclude the first and include the last day of such period. If the last day of any such period falls on a Satundayor3undmyoronmdeymadee|ega|ho||dmybythe| of the applicable jurisdiction,such day will be omitted from the computation. 17.2.2, & calendar day ofbwer�y'four hours measured from midnight to the next midn�hk shall constitute' oonotitu;eudoy� General:-- 17.3.Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally |kab)m, claimwriting should be made in writing to the other party within a I reasonable time of the first observance of such injury or damageThe provisions ofthis paragraph 173ohu8 not boconstrued enanubut�uhefor orowaiver ofthe provisions cfany applicable statute nf/im|�d�onnor repose. I17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto,and, in particular but without limitation, the warranties,guarantees and obUgationsimposed upon CONTRACTC>Rbyparagraphs 6.32. 1J.1. 13.13' 13.i4. 14.3and 152and all I ofthe hghtoand remedies avaUab|mtoOVVNERand PROFEGS|C)NALthonounder are in addition toand are nottobeconstrued|nany way aomlimitation o� any rights and remedies mvaUmb|e'hzany oraUofthem which are otherwise imposed or available by Laws or Regulati 'nno byspecial t�ananyorguanonVoeurbyothnr provisions of the CnntnadDocuments,and the provisions ofthis paragraph wiUif bemoo�e��ivoaovopeated I mpec�caUy/nthuCon�notDuoumantoinconnuc1innw�huoohpo�icu|mrduty.ob|igmUon.righ1andpammdyto which they apply. All representations,warranties and guarantees made in the Contract Documents will survive final payment and termination orcompletion ofthe Agreement. I17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five(5)years from the date of final completion or termination of this Contract. OWNER shall have the right to I audit, inspect, and copy all such records and documentation aao#enamDVVNERdeems necessary duhngthe pedodofd`eContrac and for a period of five(5)years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER,during this period of time,shall also have the right to obtain acopy ofand otherwise inspect any audit made at the direction ofCONTRACTOR aoconcerns the I aforesaid records and supporting documentation . 17.6. The Contract Documents are intended bythe Pa�mo to, and do, supersede any and all I GC'5O ��2001 provisions nfthe Georgia Prompt Pay Act,[).C.G��Section 13-11'1.etseq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act,this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. Substitutions: N� 17.8. Notwithstanding any provision of these general conditions,there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. Sanitary Sewer Overflow Prevention: 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction: 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. 17.9.8 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9.5 In the event of a discharge of untreated wastewater,the CONTRACTOR will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (708.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preoonmtruobon conference). 3. Maintain a chronicle of relevant information regarding the incidenincluding specific actions taken by the CONTRACTOR and estimates of the discharge volume. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia N� Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate. GC-51 ~� I I ` I Revisdon"ate Augu•t =" 7.A.7I[ |nMhenpinionofUhaRE0DENTPROJECTREPREGENTAT|VEamddheOVYNER the Ii CONTRACTOR ia not rempnnd|ng to an mmargmnxy situation in an appropriate manner, Uhe Utilities Depa�mmntwiUundm�akenecessary aodonstoabate anoverHmwaituobon. ThecnotofthesnaoUonewill be the responsibility of the CONTRACTOR. 17.A.8Fo8ov�ngadischarge cfuntreated wastewater,odownstream innpechonwHUbaconducted by -- the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. IPROGRAM MA NAGER: 17.10 The PROGRAM MANAGER for the project is Augusta Utilities Department, Engineering Division, IThe presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise,do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way m+nppnoib|efor those du8eothat belong toC)VVNERand/nrthe CONTRACTC)Ro,other mntit�u and I donot relieve the CONTRACTOR orany other*ndtyoftheir ob1�aUono.dubeo'and�sponoib/Udeu including, but not limited to, aUoonatruc�ionmethods, means, techniques, sequences, and procedures n --~~inmafo` r coordinating and completing all pn�innoofthe construction work inaccordance wdhthe construction Contract Douumantsandanyhea|thmnduafetyp/eoautionnrequirwdbynuchcnnn� ctionwork. I mPROGRAM MANAGER and PROGRAM MANAGER'S personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have dutyofinopeoUng. noUng.oboem|mQ'oo�wc{ing'orropo�ingonhealth or Inafe1ydofio)ennieaofthmCQNTRACT(]R(s)u,othormndtyormnymihmrpamnnosdthmoiteeuonptPROGF&AkJ MANAGER's own personnel. I The presence cfPR(�G;RANYyNANAQER'opersonnel mtthe nonatmctionsite iofor the purpose ofpnn�dingto OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither I guarenteoa the performance uf the construction contractor(s) nor aosu' oo ronpono|bUityfnr construction contractor's failure to perform work in accordance with the construction documents. For this AGREEK4ENTun|8conotrucUonsites include places nfmanufacture for nnataha|oincorporated into I the conn�mcUonwork,and construction contractors include manufacturers ofmnatpdadoincorporated into the construction work I I I I GC-52 I I IIP SECTION SC-0 INDEX TO SUPPLEMENTARY CONDITIONS I SECTION SC-01 Scope of the Work SC-02 List of Drawings SC-03 Bonds SC-04 SC-05 Contractor's Liability Insurance Project Sist SC-06 t Protection of the Environment SC-07 Temporary Toilets SC-08 Plans and Specifications Furnished SC-09 Record Drawings SC-10 Shop Drawings SC-11 Existing Structures SC-12 Salvage Material SC-13 Referenced Specifications SC-14 Traffic Control SC-15 Surveys SC-16 Construction Order and Schedule SC-17 Consulting Engineers SC-18 Inspection and'testing of Work SC-19 Site Access SC-20 Tree Save SC-21 Georgia Prompt Pay Act SC-22 City Acceptance SC-23 Disputes SC-24 Specified Materials SC-25 Interest Not Earned on-Retainage SC-26 Basis of Payment SC-27 Compliance with Laws, Codes,Regulations,Etc. SC-28 Equivalent Materials SC-29 After Hours Inspection SC-30 Supplement to the Agreement Sc-1 I I I SECTION Sc I SUPPLEMENTARY CONDITIONS I -01. SCOPE OF THE WORK: IRRIGATION REPLACEMENT AND LANDSCAPING IMPROVEMENT TO BLOCK 10 FORT IGORDON -02. LIST OF DRAWINGS: The following drawings,prepared by The Augusta Utilities Department comprise the plans for the project. DATE SHEET NO. TITLE ORIGINAL REVISED REVISED ' I G001 Cover Sheet 04/19/2018 G002 Index Sheet 04/19/2018 I VD101 Existing and Demolition Plan Sheet 1 of 6 04/19/2018 VD102 Existing and Demolition Plan Sheet 2 of 6 04/19/2018 VD103 Existing and Demolition Plan Sheet 3 of 6 04/19/2018- VD104 Existing and Demolition Plan Sheet 4 of 6 04/19/2018 I VD105 V1)106 Existing and Demolition Plan Sheet 5 of 6 04/19/2018 Existing and Demolition Plan Sheet 6 of 6 04/19/2018 L101 LandscapePlan Sheet 1 of 6 04/19/2018 I L102 L103 Landscape Plan Sheet 2 of 6 04/19/2018 Landscape Plan Sheet 3 of 6 04/19/2018 L104 Landscape Plan Sheet 4 of 6 04/19/2018 L105 Landscape Plan Sheet 5 of 6 04/19/2018 I L106 Landscape Plan Sheet 6 of 6 04/19/2018 Landscape Details Sheet 1 of 1 L201 04/19/2018 1-101 Irrigation Plan Sheet 1 of 6 04/19/2018 I 1-102 1-103 irrigation Plan Sheet 2 of 6 04/19/2018 Irrigation Plan Sheet 3 of 6 04/19/2018 1-104 Irrigation Plan Sheet 4 of 6 04/19/2018 I1-105 Irrigation Plan Sheet 5 of 6 04/19/2018 1-106 irrigation Plan Sheet 6 of 6 Irrigation Plan Details 04/19/2018 1-107 04/19/2018 1-108 Baseline Irrigation Details and Specs. Sheet 1 04/19/2018 . I Of 2 1-109 Baseline Irrigation Details and Specs. Sheet 2 04/19/2018 Of 2 I I-I 10 Irrigation Specifications and Controller Zone 04/19/2018 Chart 1-111 Irrigation Technical Specifications 04/19/2018 I I SC-2 I IN' i -03.BONDS: I The Contractor will include in the lump sum payment for Lump Sum Construction the cost of his performance and payment bonds. I -04.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(any auto)Each Occurrence $5,000,000 Workers Compensation Statutory Limits Employer Liability $ 1,000,000 I -05.PROJECT SIGN: The Contractor will provide and install one(1)project sign at prominent location on the construction site as I directed by the Engineer.The sign will carry in a prominent manner the name of the project,the Owner,and the name of the Contractor and the Engineer and a 24-hour phone number for the Contractor in 4-inch letters. The sign shall be constructed and erected on wood posts in a substantial manner 7-feet above the ground.The full size stencil shall be approved along with colors before fabrication.The Contractor shall include the cost of the project sign in the LUMP SUM CONSTRUCTION. -06.PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of the exposed earth will be subject to erosion by rainfall or wind,and he will provide means satisfactory to the Engineer to minirni7e the transportation of silt and other deleterious material from the project area onto adjacent properties or into adjacent water courses. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant,polymer, reactant or of other classification, must show approval of either EPA or USDA.Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. -07.TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition.Workmen shall be required to use only these toilets. At completion of the work,toilets used by Contractor shall be removed and premises left in the condition required by the Contract. -08.PLANS AND SPECIFICATIONS FURNISHED: The Contractor will be furnished,free of charge,by the Owner up to five(5)sets of direct black line prints together with a like number of complete bound specifications for construction purposes.Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. SC-3 gasI I . I . -09.RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental I sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and all changes in red ordered by the Engineer will be shown accurately in red pencil.If necessary, supplemental drawings will be made to show details of deviations or changes, and I these will be kept with the marked set.The drawings will be available to the Engineer for inspection during construction and at the completion of construction.Prior to submitting his estimate for final payment,as-built drawings are to be prepared and submitted by the contractor to the engineer.As-built drawings shall include Itap locations and manholes located to a minimum of two separate surface features. -10.SHOP DRAWINGS: I The Contractor shall submit to the Engineer for his review shop drawings, cuts, diagrams, bar lists, steel details and other descriptive data on every item, where shown on the drawings or specified herein. The Contractor shall check all submittals and so indicate on each copy thereof. Five copies of such shop drawings I shall be submitted to the Engineer before ordering of the material, Submittals which have not been checked by the Contractor will not be reviewed by the Engineer.Reviews by the Engineer of submittals will cover only general conformity with the project requirements, while responsibility for detailed conformity shall remain with the Contractor. The Contractor will be notified by mail of the results of the submittal reviews I within ten (10)days of the receipt by the Engineer thereof. -11.EXISTING STRUCTURES: IWhere sidewalks, street signs, private signs, walls, sidewalks, fences, pipelines, etc. are removed in accomplishing the work,each and every item will be replaced in the same or better manner or condition than I that in which it was before construction began.The Contractor will protect and hold harmless the Owner from any suit,action, or dispute whatever arising from the Contractor's work adjacent to private property. -12.SALVAGE MATERIAL: IAll existing installations to be removed, including but not limited to masonry and concrete rubble, asphalt, pipe,etc.will be disposed of at an approved location by the Contractor. I -13.REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these I specifications,they are made as much a part of these specifications as if the entire standard or specification were reprinted herein.The inclusion of the latest edition or revision of the referenced specification or standard is intended. I -14.TRAFFIC CONTROL: I Traffic control shall conform to the Manual on Uniform Traffic Control Devices(MUTCD) of the Federal Highway Administration,latest edition.The Contractor shall give prior written notification to and shall obtain the approval of the Augusta Fire Department, Police Department, Emergency Medical Services, and the Augusta Traffic Engineering Department of any street closures. I I •IIP 1 -15.SURVEYS: The Engineer has established base lines for locating the principal component parts of the work,together with a suitable number of bench marks adjacent to the work.From the information thus provided,the Contractor shall develop and make all detail surveys needed for construction lines and elevations.The Contractor shall employ only Registered Land Surveyors or Registered Professional Engineer to perforin all detail surveys. The Contractor will diligently preserve and maintain the position of all stakes,reference points and bench marks after they are set and,in case of willful or careless destruction,he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. -16.CONSTRUCTION ORDER AND SCHEDULE: A. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian,traffic;utility lines;drainage ways; adjacent properties;and as otherwise specified. B. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: (1) Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. (2) A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the overall contract time. (3) A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. C. With each request for payment the Contractor shall submit two copies of the bar chart clearly marked to show the work completed at the date of the payment requested. D. Progress Schedule Requirements (1) Bar Chart Schedule:Prepare on maximum 11 inch by 17 inch sheet size for each separate stage of Work as specified and shown,to include at least: (a) Identification and listing in chronological order of those activities reasonably required to complete work, including,but not limited to, subcontract work,major equipment design, factory testing and startup activities, project close out and cleanup and specified work sequences, constraints, and milestones, including Substantial Completion date(s). Listings to be identified by Specification section number. (b) Identify: (i)horizontal time frame by year,month, and week,(ii)duration, early- start,and completion of each activity and sub-activity and(iii)critical activities and Project float. (c) Provide sub-schedules to further define critical portions of the work. (d) Monthly schedule submissions:show overall percent complete,projected and actual, and completion progress by listed activity and sub-activity. (e) Identify the critical path on the schedule. SC-5 ' 1 I I I (2) General: (a) Schedule(s)shall reflect work logic sequences,restraints,delivery windows,review I times,contract times and milestones set forth in the Agreement,and shall begin with (b) the date of Notice to Proceed and conclude with the date of Final Completion. The schedule requirement herein is the minimum required. Contractor may prepare a more sophisticated schedule if such work will aid Contractor in execution and I (e) timely completion of work, Base schedule on standard 5-day work week. (d) When bar chart or network analysis schedules are specified,use Primavera Project I Planner, latest version, SureTrak latest version or a compatible and approved software. (e) Adjust or confirm schedules on a monthly basis as follows: Contractor shall submit to Engineer for acceptance proposed adjustments in the I progress schedule that will not change the contract times (or milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General IRequirements applicable thereto. Proposed adjustments in the progress scheduled that will change the contract times (or milestones)may only he made by Change Order. IUse of float suppression techniques such as preferential sequencing or logic,special lead/lag logic restraints,and extended activity times are prohibited,and use of float time disclosed or implied by use of alternate float-suppression techniques shall be Ishared to proportionate benefits to Owner and Contractor. Pursuant to above float-sharing requirement,no time extensions will he granted nor delay damages paid until a delay occurs which(i)impacts project's critical path,(ii) Iextends work beyond contract completion date. -17.CONSULTING ENGINEERS: IThe Owner has engaged consulting engineers to assist the Director of Utilities,defined herein as the Engineer, by preparing plans and specifications for the work and by providing certain services during the bidding and construction phases of the project. The consulting engineer, Johnson, Laschober & Associates. P.C. is Iauthorized to represent the Director of Utilities within the limits of the various duties delegated and assigned to the firm by the Director.Nevertheless,the Director of Utilities remains the final authority hereunder and is the "Engineer"as used throughout the Contract Documents. IThe presence or duties of Consulting Engineer's personnel at the construction site, whether as onsite representatives or otherwise, do not make personnel in any way responsible for those duties that belong to Owner and/or the Contractor or other entities,and do not relieve the Contractor or any other entity of their I obligations, duties, and responsibilities, including, hut not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety I precautions required by such construction work. The Consulting Engineer's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any I health or safety precautions and have no duty of inspecting,noting,observing,correcting, or reporting on health or safety deficiencies of the Contractor(s)or other entity or any other persons at the site except Consulting Engineer's own personnel. I SC-6 I The presence of the Consulting Engineer's personnel at the construction site is for the purpose of providing to Owner a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s), Consulting Engineer neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this Agreement only,construction sites include places of manufacture for materials incorporated into the II construction work, and construction contractors include manufacturers or materials incorporated into the construction work, -18.INSPECTION AND TESTING OF WORK: The Owner shall provide sufficient competent engineering personnel for the technical observation and testing of the work, The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress,and the Contractor shall provide proper facilities for such access, and for inspections. Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications.The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or the culling over or removal of defective materials or for any other purpose requiring discharge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that may or may not be used in the work. Any inspection provided by the Engineers is for the purpose ofdetermining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor,nor for the safety of the job. If the specifications,the Engineer's instructions,laws,ordinances,or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such 111 inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply.If any work should be covered up without review or consent of the Engineer,it must, if required by the Engineer,he uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer,and,if so ordered,the work must be uncovered by the Contractor.If such work is found to be in accordance with the Contract Documents,the Owner shall pay the cost of re-examination and replacement. If such work is not in accordance with the Contract Documents,the Contractor shall pay such cost. The Owner will employ a qualified materials testing laboratory,hereinafter referred to as the Laboratory,to monitor more fully on the Owner's behalf the quality of materials and work,and to perform such tests as may be required under the Contract Documents as conditions for acceptance of materials and work. The SC-7 I I I Laboratory will be solely responsible to and paid separately by the Owner. The timing of the work of the Laboratory will be coordinated by the Engineer through his duly authorized inspector. The Owner will bear the cost of testing a particular material or area of the work once. Where retesting is required following corrective measures or under other circumstances, the Contractor shall reimburse the I Owner for the cost of additional testing. -19.SITE ACCESS: IIn order to minimize damage to existing paving and landscaping, access to the site for the contractor's personnel and equipment will be restricted to the routes designated by the Owner. The contractor will be Irequired to use those routes unless written approval is given by the owner. -20.TREE SAVE: IPrior to beginning grading operations,the Contractor is to notify the Owner and the Engineer so that those trees which are to be saved can be marked in the field. Once these trees are marked,the Contractor shall take every precaution,including tree protection fence,to save these trees. I -21.GEORGIA PROMPT PAY ACT: I This Agreement is intended by the Parties to, and does, supersede any and all provisions 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. I -22.CITY ACCEPTANCE: Notwithstanding any other obligations of the Contractor,he shall complete the work to the full satisfaction of I the Augusta Utilities Department and the Engineer. This provision shall not relieve the Contractor of his responsibilities for guarantees. -23.DISPUTES: I All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement,or the breach thereof,shall be decided in the Superior Court of Richmond County, I Georgia.The Contractor,by executing this Agreement,specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County,Georgia. I -24.SPECIFIED MATERIALS: Attention is drawn to the specification of certain brands or manufacturers of construction materials on the drawings.Unless the phrase"or equal"appears in the specification thereon,no substitution or deviation from I the product specified will be allowed. Notwithstanding any provision of the general conditions,there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. I -25.INTEREST NOT EARNED ON RETAINAGE: I Notwithstanding any provision of the law to the contrary,the parties agree that no interest shall be due to the Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. I SC-8 I IP' I -26.BASIS OF PAYMENT: As explained in the section"Instructions to Bidders"and in the"General Conditions",payment will be made based upon quantity of units completed for unit price items,and based on percent complete for lump sum items per the contract bid schedule and Schedule of Values. Payment shall not be made for Stored Materials. -27. COMPLIANCE WITH LAWS,CODES,REGULATIONS,ETC.: Supplementing the provision of the GENERAL CONDITIONS,the successful bidder awarded this contract by signing the contract acknowledges the following,however, this is not to be construed as all inclusive or being these only: 1. Underground Gas Pipe Law: The Contractor signing the contract acknowledges that he is fully aware of the contents and requirements of "Georgia Laws 1969, Pages 50 and the following, and any amendments and regulations pursuant thereto", and the Contractor shall comply therewith. 2. High Voltage Act: The Contractor by signing the contract acknowledges that he is fully aware of the contents and requirements of "Act No. 525, Georgia law 1960, and any amendments thereto, and Rules and Regulations of the commissioner of Labor pursuant thereto" (the preceding requirements within quotation marks being hereinafter referred to as the "high voltage act"), and the Contractor shall comply therewith.The signing of Contract shall also confirm on behalf of the Contractor that he: A. has visited the premises and has taken into consideration the location of all electrical power lines on and adjacent to all areas onto which the contract documents require to permit the Contract either to work,to store materials, or to stage operations, and B. that the Contractor has obtained from the Owner of the aforesaid electric power lines advice in writing as to the amount of voltage carried by the aforesaid lines. The Contractor agrees that he is the "person or persons responsible for the work to be done" as referred to in the high voltage act and that accordingly the Contractor is solely"responsible for the completion of the safety measures which are required by Section 3 of the high voltage act before proceeding with any work." The Contractor agrees that prior to the completion of precautionary measures required by the high voltage act he will neither bring nor permit the bringing of any equipment onto the site (or onto any area or areas onto which the contract documents require or permit the Contractor to work,to store materials,or to stage operations)with which it is possible to come within eight feet of any high voltage line or lines pursuant to operations arising out of performance of the Contract. The foregoing provisions apply to power lines located(a)on the site and (b) on any area or areas onto which the contract documents require or permit the Contractor either to work,to store materials,or to stage operations,or(c)within working distance for equipment or materials,being used on(a)and(b)above. These provisions of the Contract do not limit or reduce the duty of the Contractor otherwise owed to the Owner,to other parties,or to both. The Contractor agrees that the foregoing provisions supplement provisions of the General Conditions, The Contractor agrees and acknowledges that any failure on his part to adhere to the high voltage act shall not only be a violation of law but shall also be a breach of contract and specific violation of the provisions of the General Conditions which pertains to safety precautions. SC-9 I A I3. Occupational Safety&Health Act: The Contractor by signing the contract acknowledges that he is fully aware of the provisions of the I Williams-Steiger Occupational Safety and Health Act of 1970 and he shall comply therewith. -28. EOUIVALENT MATERIALS: INotwithstanding any provision of the general conditions,there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an Iamendment to the contract. -29. AFTER HOURS INSPECTION: I If the Contractor opts to work before or after normal working hours,8 a.m.to 5 p.m.,Monday through Friday, or on Augusta,Georgia Legal Holidays,then the Contractor must pay for the cost of inspection by Augusta, Georgia and follow all necessary procedures listed in"Section 15,Right-of-way Encroachment Guidelines, I Part E, Outside of Normal Working Hours," of the Augusta-Richmond County Planning Commission Development Documents dated September, 1999, or latest version. If inspectors of Augusta are needed to work outside normal business hours,Augusta needs to be notified in advance. I -30.SUPPLEMENT TO THE AGREEMENT a) Defective pricing ITo the extent that the pricing provided by CONTRACTOR is erroneous and defective,the parties may,by agreement,correct pricing errors to reflect the intent of the parties. Ib) Specified excuses for delay or non-performance CONTRACTOR is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and Iother severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Ic) Termination of the contract for default Failure of the CONTRACTOR,which has not been remedied or waived,to perform or otherwise comply with I a material condition of the Agreement shall constitute default. Augusta,Georgia may terminate this contract is part or in whole upon written notice to the CONTRACTOR pursuant to this term. Prohibition against contingent feesId) There shall be no contingent fees allowed under this contract. Ie) An acknowledgement by all parties contracting with Augusta,Georgia as follows: "Contractor acknowledges that this contract and any changes to it by amendment,modification,change order I or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor.Under Georgia law,Contractor is deemed to possess knowledge concerning Augusta,Georgia's ability to assume contractual obligations and the consequences of Contractor's I SC-10 I r U provision of goods or services to Augusta,Georgia under an unauthorized contract,amendment,modification, change order or other similar document,including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services, Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services,as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor, Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta,Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity."This acknowledgement shall be a mandatory provision in all Augusta,Georgia contracts for goods and services, except revenue producing contracts. f) Use of Augusta.Georgia Landfill. All contracts for contractors performing demolition and/or construction projects for Augusta,Georgia shall contain a provision requiring that all debris,trash and rubble from the project be transported to and disposed of at the Augusta,Georgia Solid Waste Landfill in accordance with local and state regulations.The contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. g) Federal Work Authorization Program All contractors and subcontractors entering into contracts with Augusta,Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with 0.C.G.A. § 13-10-91, stating affirmatively that the individual,firm,or corporation which is contracting with Augusta,Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized 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 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor's E-Verify number as evidence of 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. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta,Georgia at the time the subcontractor(s) is retained to perform such physical services. Owner Inspections All contracts shall provide that Augusta,Georgia may,at reasonable times,inspect the part of the plant,place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta,Georgia. Sc-11 i) Local Small Business: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta,Georgia.The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d) (7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities,and shall he submitted at such times as required by Augusta,Georgia. Failure to provide such reports within the time period specified by Augusta,Georgia shall entitle Augusta,Georgia to exercise any of the remedies set forth,including but not limited to,withholding payment from the contractor and/or collecting liquidated damages. SC-12 I 'IRRIGATION REPLCEMENT AND BEAU 1'1FICATION APRIL 2018 BLOCK 10 FORT GORDON SECTION 011000-SUMMARY , 1.1 RELATED DOCUMENTS I A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections,apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Project information. 2. Work covered by.Contract Documents. 3. Work by Owner. 4. Access to site. 5. Coordination with occupants. 6. Work restrictions. 7. Specification and Drawing conventions. B. Related Requirements: 1. Section 015000 "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities. 1.3 PROJECT INFORMATION I A. Project Identification:Irrigation Replacement And Beautification Block 10 Fort Gordon 1. Project Location:Fort Gordon,Georgia. I B. Owner: Augusta Utilities Department. 1. Owner's Representative: Steve Behrend,P.E. C. Architect:JLA. 1.4 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of Project is defined by the Contract Documents and consists of the following: 1 1. Irrigation and landscaping improvements to Block 10 Fort Gordon and other Work indicated in the Contract Documents. B. Type of Contract: 1. Project will be constructed under a single prime contract. i SUMMARY 011000- 1 i , I ' IRRIGATION REPLCEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON III 1.5 ACCESS TO SITE A. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section. I B. Use of Site: Limit use of Project site to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. I1. Limits: Confine construction operations to areas of new landscaping and irrigation. 2. Driveways, Walkways and Entrances: Keep driveways, building entrances, and I emergency access areas serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or for storage of materials. 111 a. Schedule deliveries to minimize use of driveways and entrances by construction operations. b. Schedule deliveries to minimi7e space and time requirements for storage of Imaterials and equipment on-site. C. Condition of Existing Grounds: Maintain portions of existing grounds, landscaping, and hardscaping affected by construction operations throughout construction period.Repair damage 111 caused by construction operations. I1.6 COORDINATION WITH OCCUPANTS A. Full Owner Occupancy: Owner will occupy site and adjacent building(s) during entire construction period. Cooperate with Owner during construction operations to minimize conflicts I and facilitate Owner usage. Perform the Work so as not to interfere with Owner's day-to-day operations. Maintain existing exits unless otherwise indicated. I 1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and approval of authorities having I jurisdiction. 2. Notify Owner not less than 24 hours in advance of activities that will affect Owner's operations. 1.7 WORK RESTRICTIONS IA. Work Restrictions,General: Comply with restrictions on construction operations. 1. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction. IB. On-Site Work Hours: Limit work in the existing building to normal business working hours of 7 a.m.to 7 p.m.,Monday through Friday, unless otherwise indicated. I1. Weekend Hours: As approved by Owner, I SUMMARY 011000-2 I 1 IRRIGATION REPLCEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated: 1. Notify Architect and Owner not less than two days in advance of proposed utility interruptions. 2. Obtain Owner's written permission before proceeding with utility interruptions. D. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration,odors,or other disruption to Owner occupancy with Owner. 1. Notify Architect and Owner not less than two days in advance of proposed disruptive operations. 2. Obtain Owner's written permission before proceeding with disruptive operations. E. Employee Identification: Obtain as required identification tags for Contractor personnel working on Project site. Require personnel to use identification tags at all times. F. Employee Screening: Comply with Owner's requirements for drug and background screening of Contractor personnel working on Project site. 1. Maintain list of approved screened personnel with Owner's representative. 1.8 SPECIFICATION AND DRAWING CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon(:)is used within a sentence or phrase. 2. Specification requirements are to be performed by Contractor unless specifically stated otherwise. 111 B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications. C. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Materials and products are identified by abbreviations published as part of the U.S. National CAD Standard and scheduled on Drawings. 3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual. SUMMARY 011000-3 ••= IRRIGATION REPLCEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON PART 2-PRODUCTS(Not Used) ' PART 3 -EXECUTION(Not Used) END OF SECTION 011000 1 1 SUMMARY 011000-4 I IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON SECTION 012100-ALLOWANCES PART 1 -GENERAL 1.1 RELA 11,D DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections,apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements governing allowances. I B. Types of allowances include the following: 1. Contingency allowances. C. Related Requirements: 1. Section 012200 "Unit Prices" for procedures for using unit prices, including adjustment of quantity allowances when applicable. 2. Section 014000 "Quality Requirements" for procedures governing the use of allowances for field testing by an independent testing agency. 1.3 DEFINTFIONS A. Allowance is a quantity of work or dollar amount established in lieu of additional requirements, used to defer selection of actual materials and equipment to a later date when direction will be provided to Contractor.If necessary,additional requirements will be issued by Change Order. 1.4 SE7.FCTION AND PURCHASE A. At the earliest practical date after award of the Contract, advise Architect of the date when final selection, or purchase and delivery, of each product or system described by an allowance must be completed by the Owner to avoid delaying the Work. B. At Architect's request, obtain proposals for each allowance for use in making final selections. Include recommendations that are relevant to performing the Work. C. Purchase products and systems selected by Architect from the designated supplier. I 1.5 ACTION SUBMITTALS A. Submit proposals for purchase of products or systems included in allowances in the form specified for Change Orders. I ALLOWANCES 012100- I I ' IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON 1.6 INFORMATIONAL SUBMITTALS A. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance. B. Submit time sheets and other documentation to show labor time and cost for installation of allowance items that include installation as part of the allowance. C. Coordinate and process submittals for allowance items in same manner as for other portions of the Work. 1.7 CONTINGENCY ALLOWANCES ' A. Use the contingency allowance only as directed by Architect for Owner's purposes and only by Change Orders that indicate amounts to be charged to the allowance. ' B. Contractor's overhead, profit, and related costs for products and equipment ordered by Owner under the contingency allowance are included in the allowance and are not part of the Contract Sum. These costs include delivery, installation,taxes, insurance, equipment rental, and similar ' costs. C. Change Orders authorizing use of funds from the contingency allowance will include Contractor's related costs and reasonable overhead and profit. ' D. At Project closeout, credit unused amounts remaining in the contingency allowance to Owner by Change Order. 1.8 ADJUSTMENT OF ALLOWANCES A. Allowance Adjustment: To adjust allowance amounts, prepare a Change Order proposal based on the difference between purchase amount and the allowance,multiplied by final measurement of work-in-place where applicable. If applicable, include reasonable allowances for cutting ' losses,tolerances,mixing wastes,normal product imperfections,and similar margins. 1. Include installation costs in purchase amount only where indicated as part of the allowance. ' 2. If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other markups. 3. Submit substantiation of a change in scope of Work, if any, claimed in Change Orders ' related to unit-cost allowances. 4. Owner reserves the right to establish the quantity of work-in-place by independent quantity survey,measure,or count. ' B. Submit claims for increased costs because of a change in scope or nature of the allowance described in the Contract Documents, whether for the purchase order amount or Contractor's handling,labor,installation,overhead,and profit. ALLOWANCES 012100-2 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON 1. Do not include Contractor's or subcontractor's indirect expense in the Change Order cost amount unless it is clearly shown that the nature or extent of Work has changed from what could have been foreseen from information in the Contract Documents. 2. No change to Contractor's indirect expense is permitted for selection of higher-or lower- priced materials or systems of the same scope and nature as originally indicated. PART 2-PRODUCTS(Not Used) PART 3 -EXECUTION 3.1 EXAMINATION A. Examine products covered by an allowance promptly on delivery for damage or defects.Return damaged or defective products to manufacturer for replacement. 3.2 PREPARATION A. Coordinate materials and their installation for each allowance with related materials and installations to ensure that each allowance item is completely integrated and interfaced with related work. END OF SECTION 012100 ALLOWANCES 012100-3 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON SECTION 329200-GRASSING PART] - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Lawns 2, Topsoil and soil amendments 3. Fertilizers and mulches 4. Initial maintenance of landscape materials 1.3 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. B. Product certificates signed by manufacturers certifying that their products comply with specified requirements. 1. Manufacturer's certified analysis for standard products. 2. Analysis for other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists,where applicable, 3. Label data substantiating that plants, trees, shrubs, and planting materials comply with specified requirements. C. Certification of sod vendor for each grass-seed mixture stating the botanical and common name and percentage by weight of each species and variety,and percentage of purity,germination,and weed seed. Include the year of production and date of packaging. 1. Certification of each seed mixture for sod, identifying sod source, including name and telephone number of supplier. 2. Sod shall be supplied by one supplier and grown on the same sod farm. All project sod shall be cut from the same crop. Before any deviations from this requirement can occur, the contractor will need pre-approval from the Landscape Architect. 3. Sod shall be grown in a soil medium that is similar to the existing project top soil. 4. Photos of the project sod must be delivered to the Landscape Architect for review prior to GRASSING 329200-1 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 ' BLOCK 10 FORT GORDON harvest. Photos must be delivered within 48 hours of harvest. ' D. Qualification data for firms and persons specified in the "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and address of architects/engineers and owners, and other information specified. E. Material test reports from qualified independent testing agency indicating and interpreting test results relative to compliance of the following materials with requirements indicated. Tests must be submitted to Landscape Architect for review. No planting may occur until top soil/planting medium is properly amended as recommended by soil testing agency. 1. Analysis of existing surface soil. ' 2. Analysis of imported topsoil. F. Planting schedule indicating anticipated dates and locations for each type of planting. ' G. Maintenance instructions recommending procedures to be established by Owner for maintenance of landscaping during an entire year. Submit before expiration of required maintenance periods. ' 1.4 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced Installer who has completed landscaping work similar in material, design, and extent to that indicated for this Project and with a record of successful landscape establishment. , 1. Installer's Field Supervision: Require installer to maintain an experienced full-time supervisor on the Project site during times that landscaping is in progress. 1 B. Testing Agency Qualifications: To qualify for acceptance,an independent testing agency must demonstrate to Landscape Architect's satisfaction, based on evaluation of agency-submitted criteria conforming to ASTM E 699, that it has the experience and capability to satisfactorily conduct the testing indicated without delaying the Work. C. Topsoil Analysis: Furnish a soil analysis made by a qualified independent soil-testing agency stating percentages of organic matter,inorganic matter(silt,clay,and sand),deleterious material,. pH,and mineral and plant-nutrient content of topsoil. 1. Report suitability of existing site topsoil or imported screened top soil for growth of applicable planting material. State recommended quantities of nitrogen,phosphorus,and potash nutrients and any limestone, aluminum sulfate, or other soil amendments to be added to produce a satisfactory topsoil. D. Preinstallation Conference: Conduct conference at Project site prior to grassing and other 1 GRASSING 329200-2 IRRIGATION REPLACEMENT AND BEAUTIFICATION I BLOCK 10 FORT GORDON APRIL 2018 I landscape planting activity to demonstrate to Landscape Architect that landscape areas drain properly. I1.5 DELIVERY, STORAGE,AND HANDLING A. Packaged Materials: Deliver packaged materials in containers showing weight, analysis, and I name of manufacturer. Protect materials from deterioration during delivery and while stored at site. IB. Seed: Deliver seed in original sealed,labeled, and undamaged containers. C. Sod: Harvest,deliver,store,and handle sod according to the requirements of the"Georgia Crop IImprovement Association"and verify that sod is a"Georgia Certified Turf Grass". 1.6 PROJECT CONDITIONS IA. Utilities: Determine location of above grade and underground utilities andP erform work in a manner which will avoid damage. Hand excavate, as required. Maintain grade stakes until I removal is mutually agreed upon by parties concerned. B. Excavation: When conditions detrimental to plant growth are encountered,such as rubble fill, Iadverse drainage conditions,or obstructions,notify Landscape Architect before planting. C. Notification: Notify Landscape Architect at least one week prior to the start of sodding Ioperations. 1.7 COORDINATION AND SCHEDULING IA. Coordinate installation of planting material during normal planting seasons for each type of plant material required. I 1.8 WARRANTY IA. General Warranty: The special warranty specified in this Article shall not deprive the Owner of other rights the Owner may have under other provisions of the-Contract Documents and shall be I in addition to, and run concurrent with, other warranties made by the Contractor under requirements of the Contract Documents. I B. Special Warranty: Warrant the following living planting materials for a period of one year after the 30-day maintenance period expires against defects including death and unsatisfactory growth, except for defects resulting from lack of adequate maintenance, neglect, or abuse by Owner, I abnormal weather conditions unusual for warranty period, or incidents that are beyond Contractor's control. I GRASSING 329200-3 r IRRIGATION REPLACEMENT AND BEAULIFICATION APRIL 2018 BLOCK 10 FORT GORDON 1. Sod C. Remove and replace dead planting materials immediately unless required to plant in the succeeding planting season, D, Replace planting materials that are more than 25 percent dead or in an unhealthy condition at end of warranty period. E. A limit of one replacement of each plant material will be required, except for losses or replacements due to failure to comply with requirements. 1.9 LAWN MAINTENANCE A. Begin maintenance of lawns immediately after each area is planted and continue until all landscaping is accepted by the Owner. B. Maintain and establish lawns by watering,fertilizing,weeding,mowing,trimming,replanting, edging, and other operations. Roll, regrade,and replant bare or eroded areas and remulch to product a uniformly smooth lawn. C. Watering: Provide and maintain temporary piping, hoses, and lawn-watering equipment to convey water from sources and to keep lawns uniformly moist to a depth of 4 inches. 1. Water sodded lawn areas at the minimum rate of 1 inch per week. All Sod shall receive the manufacturer's recommended amount of absorbed water each day during the maintenance period until the phase is accepted. D. Mow lawns as soon as there is enough top growth to cut with mower set at specified height for principal species planted. Repeat mowing as required to maintain specified height without cutting more than 40 percent of the grass height. Remove no more than 40 percent of grass-leaf growth in initial or subsequent mowings. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. E. Postfertilization: Apply fertilizer to lawn after first mowing and when grass is dry. 1, Use fertilizer that will provide actual nitrogen of at least 0.75 lb per 1000 sq. ft. of lawn area or as recommended by soil testing agency. PART 2 -PRODUCTS 2.1 GRASS MATERIALS A. Grass Seed: Fresh, clean,dry,new-crop seed complying with the Association of Official Seed Analysts' "Rules for Testing Seeds"for purity and germination tolerances. GRASSING 329200-4 111 ' IRRIGATION REPLACEMENT AND BEAU 1 IIa ICATION APRIL 2018 BLOCK 10 FORT GORDON B. Seed Mixture: Provide seed of grass species and varieties,proportions by weight,and minimum percentages of purity, germination, and maximum percentage of weed seed as indicated on Schedules at the end of this Section. 1. Permanent grass seeding: Hybrid Bermuda Grass Princess 77 (All grassed areas within project limits not receiving sod) C. Sod: Certified turfgrass sod complying with ASPA specifications for machine-cut thickness,size, strength,moisture content,and mowed height,and free of weeds and undesirable native grasses. Provide viable sod of uniform density, color, and texture of the following turfgrass species, strongly rooted,and capable of vigorous growth and development when planted. 1. Species: Provide sod of grass species and varieties,proportions by weight,and minimum percentages of purity,germination,and maximum percentage of weed seed as indicated on Schedules at the end of the Section. a. Tifway 419 Hybrid Bermuda 2. The sod shall be set so that loose mesh (polypropylene or other) is not visible upon completion of work. ' D. Planted areas(trees,shrubs,ground cover,etc.)shall not be grassed,but shall receive a minimum of 3"thickness of mulch. ' 2.2 TOPSOIL ' A. Topsoil: ASTM D 5268,pH range of 6.5 to 7, 4 percent organic material minimum, free of stones and other objects 1 inch or larger in any dimension, and other extraneous materials harmful to plant growth. ' 1. Topsoil Source: Import topsoil from off-site sources. Obtain topsoil from naturally well- drained sites where topsoil occurs at least 4 inches deep; do not obtain from bogs or i 2. marshes. Topsoil will be screened. Topsoil Source: Amend existing surface soil to produce topsoil. Supplement with imported topsoil when required. ' 2.3 SOIL AMENDMENTS ' A. Lime: ASTM C 602,Class T,agricultural limestone containing a minimum 80 percent calcium carbonate equivalent, with a minimum 99 percent passing a No. 8 (2.36 mm) sieve and a minimum 75 percent passing a No. 60(250 micrometer)sieve. ' 1. Provide lime in the form of dolomitic limestone. GRASSING 329200-5 I IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 ' BLOCK 10 FORT GORDON B. Aluminum Sulfate: Commercial grade,unadulterated. C. Sand: Clean,washed,natural or manufactured sand,free of toxic materials. 1 D. Perlite: Horticultural perlite,soil amendment grade. E. Peat Humus: Finely divided or granular texture, with a pH range of 6 to 7.5 composed of I partially decomposed moss peat(other than sphagnum)moss peat or reed-sedge peat, F. Peat Humus: For acid-tolerant trees and shrubs,provide moss peat,with a pH range of 3.2 to 4.5,coarse fibres texture,medium-divided sphagnum moss peat or reed-sedge peat. G. Sawdust or Ground-Bark Humus: Decomposed, nitrogen-treated, of uniform texture, free of chips,stones,sticks,soil,or toxic materials. 1. When site treated,mix with at least 0.15 lb of ammonium nitrate or 0.25 lb of ammonium sulfate per cu. ft. of loose sawdust or ground bark. H. Manure: Well-rotted,unleached stable or cattle manure containing not more than 25 percent by volume of straw, sawdust, or other bedding materials; free of toxic substances, stones, sticks, soil,weed seed,and material harmful to plant growth. I. Herbicides: EPA registered and approved,of type recommended by manufacturer. J. Water: Potable. 2.4 FER ULIZER A. Bonemeal: Commercial, raw, finely ground, minimum of 4 percent nitrogen and 20 percent phosphoric acid. B. Superphosphate: Commercial,phosphate mixture, soluble; minimum of 20 percent available phosphoric acid. C. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character,consisting of fast and slow release nitrogen, 50 percent derived from natural organic sources of urea-form, phosphorous,and potassium in the following composition. 1. Composition: 1 lb per 1000 sq. ft. of actual nitrogen, 4 percent phosphorous, and 2 percent potassium,by weight. 2. Composition: Nitrogen, phosphorous and potassium in amounts recommended in soil reports from a qualified soil-testing agency. D. Slow Release Fertilizer: Granular fertilizer consisting of 50 percent water-insoluble nitrogen, , GRASSING 3 29200-6 i IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON phosphorus and potassium in the following composition. 1. Composition: 5 percent nitrogen, 10 percent phosphorous, and 5 percent potassium,by weight. 2. Composition: 20 percent nitrogen, 10 percent phosphorous,and 10 percent potassium,by weight. 3, Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil-testing agency. 2.5 MULCHES A. Organic Mulch: Organic mulch,free from deleterious materials and suitable as a top dressing of trees and shrubs,consisting of one of the following: 1. Type: Long Leaf Pine Straw B. Peat Mulch: Provide peat moss in natural, shredded or granulated form,of fine texture,with a pH range of 4 to 6 and a water absorbing capacity of 1100 to 2000 percent. C. Fiber Mulch: Biodegradable dyed-wood cellulose-fiber mulch,nontoxic,free of plant growth or germination inhibitors,with a maximum moisture content of 15 percent and a pH range of 4.5 to 6.5. D. Asphalt Emulsion Tackifier: Asphalt emulsion,ASTM D 977,Grade SS-1,nontoxic and free Of plant growth or germination inhibitors. E. Nonasphaltic Tackifier: Colloidal tacldfier recommended by fiber-mulch manufacturer for slurry application,nontoxic and free of plant growth or germination inhibitors. 2.6 MISCELLANEOUS MATERIALS A. Antidessicant: Water insoluble emulsion,permeable moisture retarder, film forming for trees and shrubs. Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's instructions. B. Trunk Wrap Tape: Two layers of crinkled paper cemented together with bituminous material,4 inches wide minimum, with stretch factor of 33 percent. PART 3—EXECUTION 3.1 EXAMINATION A. Examine areas to receive landscaping for compliance with requirements and for conditions GRASSING 329200-7 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON affecting performance of work of this Section. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Stake locations,outline areas, and secure Landscape Architect's acceptance before the start of planting work, Make minor adjustments as may be required. No sod shall be installed until Landscape Architect and Owner have observed and approved site preparation and fine grading. 3.3 LAWN PLANTING PREPARATION A. Limit subgrade preparation to areas that will be planted in the immediate future. B. Loosen suhgrade to a minimum depth of 3 inches. Remove stones larger than 1 inch in any dimension and sticks,roots,rubbish,and other extraneous materials. C. Spread planting soil mixture to depth required to meet thickness,g-radcs,and elevations shown, after light rolling and natural settlement. Do not spread if planting soil or suhgrade is frozen. 1. Place approximately 1/2 the thickness of planting soil mixture required. Work into top of loosened subgrade to create a transition layer and then place remainder of planting soil mixture. 2. Allow fOr sod thickness in areas to be sodded. D. Preparation of Unchanged Grades: Where lawns are to be planted in areas unaltered or undisturbed by excavating,grading,or surface soil stripping operations,prepare soil as follows: 1. Remove and dispose of existing grass,vegetation,and turf. Do not turn over into soil being prepared for lawns, 2. Till surface soil to a depth of at least 4 inches. Apply required soil amendments and initial fertilizers and mix thoroughly into top 4 inches of soil. Trim high areas and fill in depressions. Till soil to a homogenous mixture of fine texture. 3. Clean surface soil of roots,plants,sods,stones,clay lumps,and other extraneous materials harmful to plant growth, 4. Remove waste material,including grass,vegetation,and turf,and legally dispose of it off the Owner's property. E. Grade lawn and grass areas to a smooth, even surface with loose,uniformly fine texture. Roll and rake,remove ridges, and fill depressions to meet finish grades. Limit fine grading to area that can be planted in the inunediate future. Remove trash, debris, stones larger than 1-1/2 inches in any dimension, and other objects that may interfere with planting or maintenance operations. I GRASSING 329200-8 1 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL.2018 BLOCK 10 FORT GORDON F. Moisten prepared lawn areas before planting when soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. ' G. Restore prepared areas if eroded or otherwise disturbed after fine grading and before planting. 3.4 MULCHING ' A. Mulch backfilled surfaces of pits, trenches,planted areas,and other areas indicated. ' B. Organic Mulch: Apply the following average thickness of organic mulch and finish level with adjacent finish grades. Do not place mulch against trunks or stems. 1. Thickness: 3 inches. 3.5 HYDROSEEDING NEW LAWNS ' A. Hydroseeding: Mix specified seed, fertilizer, and fiber mulch in water, using equipment specifically designed for hydroseed application. Continue mixing until uniformly blended into ' homogenous slurry suitable for hydraulic application. 1. Mix slurry with nonasphaltic tackifier. ' 2. Apply slurry uniformly to all areas to be seeded in a 1-step process. Apply mulch at the minimum rate of 1500 lb per acre(16.5 kg per 100 sq.m)dry weight but not less than the rte required to obtain specified seed-sowing rate. ' 3. Apply slurry uniformly to all areas to be seeded in a 2 step process. Apply first shiny application at the minimum rate of 500 lb.per acre(5.5 kg per 100 sq.m)dry weight but not less than the rate required to obtain specified seed-sowing rate. Apply slurry cover coat of ' fiber mulch at a rate of 1000 lb.per acre(11 kg per 100 sq.m). ' 3.6 CLEANUP AND PROTECTION A. During landscaping,keep pavements clean and work area in an orderly con ation. B. Protect landscaping from damage due to landscape operations,operations by other contractors and trades and trespassers. Maintain protection during installation and maintenance periods. Treat,repair,or replace damaged landscape work as directed. 3.9 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash,and debris,and legally dispose of it off the Owner's property. END OF SECTION GRASSING 329200-9 ''IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 ' BLOCK 10 FORT GORDON SECTION 329300-PLANTS , PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY ' A. Section Includes: 1. Plants. 2. Planting soils. 3. Tree stabilization. B. Related Sections: 1. Division 01 Section "Temporary Tree and Plant Protection"for protecting, trimming, pruning, repairing, and replacing existing trees to remain that interfere with, or are affected by,execution of the Work. 2. Division I2 Section "Interior Planters and Artificial Plants" for live and artificial interior plants and planters. 3. Division 12 Section"Site Furnishings"for exterior unit planters. 4. Division 31 Section "Site Clearing" for protection of existing trees and plantings, topsoil stripping and stockpiling,and site clearing. 5. Division 31 Section "Earth Moving" for excavation, filling, and rough grading and for subsurface aggregate drainage and drainage backfill materials. 6. Division 32 Section "Turf and Grasses" for turf (lawn) and meadow planting, hydroseeding,and erosion-control materials. 7. Division 33 Section "Subdrainage" for below-grade drainage of landscaped areas, paved areas,and wall perimeters. 1.3 ALLOWANCES A. Allowances for plants are specified in Division 01 Section"Allowances." 1. Perform planting work under quantity allowances and only as authorized. Authorized work includes work required by Drawings and the Specifications and only work authorized in writing by Architect. 2. Notify Architect weekly of extent of work performed that is attributable to quantity allowances. 3. Perform work that exceeds quantity allowances only as authorized by Change Orders. 1.4 DEFINITIONS A. Backfill: The earth used to replace or the act of replacing earth in an excavation. PLANTS 329300- 1 t IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON B. Balled and Burlapped Stocic: Plants dug with firm, natural balls of earth in which they were grown, with ball size not less than diameter and depth recommended by ANSI Z60.1 for type and size of plant required; wrapped with burlap, tied, rigidly supported, and drum laced with twine with the root flare visible at the surface of the ball as recommended by ANSI Z60.1. C. Balled and Potted Stock: Plants dug with firm, natural balls of earth in which they arc grown and placed, unbroken, in a container. Ball size is not less than diameter and depth recommended by ANSI Z60.I for type and size of plant required. D. Bare-Root Stock: Plants with a well-branched, fibrous-root system developed by transplanting or root pruning, with soil or growing medium removed, and with not less than minimum root spread according to ANSI Z60.1 for type and size of plant required. E. Container-Grown Stock: Healthy, vigorous, well-rooted plants grown in a container, with a well-established root system reaching sides of container and maintaining a firm ball when removed from container, Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for type and size of plant required. • F. Duff'Layer: The surface layer of native topsoil that is composed of mostly decayed leaves,twigs, and detritus. G. Fabric Bag-Grown Stock: Healthy, vigorous, well-rooted plants established and grown in-ground in a porous fabric bag with well-established root system reaching sides of fabric bag. Fabric bag size is not less than diameter, depth, and volume required by ANSI Z60.1 for type and size of plant. H. Finish Grade: Elevation of finished surface of planting soil. L Manufactured Topsoil: Soil produced off-site by homogeneously blending mineral soils or sand with stabilized organic soil amendments to produce topsoil or planting soil. J. Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. This includes insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides, It also includes substances or mixtures intended for use as a plant regulator,defoliant, or desiccant. K. Pests: Living organisms that occur where they are not desired, or that cause damage to plants, animals, or people. These include insects, mites, grubs, mollusks (snails and slugs), rodents (gophers, moles, and mice), unwanted plants (weeds), fungi, bacteria, and viruses, L. Planting Area: Areas to be planted. M. Planting Soil: Standardized topsoil; existing, native surface topsoil; existing, in-place surface soil; imported topsoil; or manufactured topsoil that is modified with soil amendments and perhaps fertilizers to produce a soil mixture best for plant growth. PLANTS 329300 -2 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 ' BLOCK 10 FORT GORDON N. Plant; Plants; Plant Material: These terms refer to vegetation in general, including trees, I shrubs, vines, ground covers, ornamental grasses, bulbs, corms, tubers, or herbaceous vegetation. O. Root Flare: Also called "trunk flare." The area at the base of the plant's stem or trunk , where the stem or trunk broadens to form roots; the area of transition between the root system and the stem or trunk. P.Stem Girdling Roots: Roots that encircle the stems(trunks)of trees below the soil surface. Q. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or the top surface of a fill or backfill before planting soil is placed. R. Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. S.Surface Soil: Soil that is present at the top layer of the existing soil profile at the Project site. In undisturbed areas, the surface soil is typically topsoil; but in disturbed areas such as urban environments,the surface soil can be subsoil. 1.5 SUBMITTALS A. Product Data: For each type of product indicated,including soils. 1. Plant Materials: Include quantities,sizes,quality,and sources for plant materials. 2. Pesticides and Herbicides: Include product label and manufacturer's application instructions specific to the Project. 3. Soil testing. B. Samples for Verification: For each of the following: 1. Trees and Shrubs: Three samples of each variety and size delivered to the site for review. Maintain approved samples on-site as a standard for comparison. 2. Weed Control Barrier: 12 by 12 inches(300 by 300 mm). C. Qualification Data: For qualified landscape Installer. Include list of similar projects completed by Installer demonstrating Installer's capabilities and experience. Include project names, addresses, and year completed, and include names and addresses of owners'contact persons. D. Product Certificates: For each type of manufactured product, from manufacturer, and complying with the following: 1. Manufacturer's certified analysis of standard products. 2. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists,where applicable. E. Material Test Reports: For existing native surface topsoil existing in-place surface soil and imported top soil. PLAN•IS 329300-3 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON F. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of plants during a calendar year. Submit before start of required maintenance periods. G. Wan-anty: Sample of special warranty. 1.6 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape Installer whose work has resulted in successful establishment of plants. 1. Professional Membership: Installer shall be a member in good standing of either the Professional Landcare Network or the American Nursery and Landscape Association, 2. Experience: Five years' experience in landscape installation in addition to requirements in Division 01 Section"Quality Requirements." 3, Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when work is in progress. 4. Pesticide Applicator: State licensed,commercial. B. Soil-Testing Laboratory Qualifications: An independent or university laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specialises in types of tests to he performed. C. Soil Analysis: For each unamended soil type, furnish soil analysis and a written report by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; deleterious material; pH; and mineral and plant-nutrient content of the soil. 1. Testing methods and written recommendations shall comply with USDA's Handbook No, 60, 2. The soil-testing laboratory shall oversee soil sampling; with depth, location, and number of samples to be taken per instructions from Architect. A minimum of three representative samples shall be taken from varied locations for each soil to be used or amended for planting purposes. 3. Report suitability of tested soil for plant growth. a, Based upon the test results, state recommendations for soil treatments and soil amendments to be incorporated, State recommendations in weight per 1000 sq. ft. (92.9 sq.m) or volume per cu. yd. (0.76 cu.in) for nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce satisfactory planting soil suitable for healthy,viable plants. b. Report presence of problem salts, minerals, or heavy metals, including aluminum, arsenic, barimn, cadmium, chromium, cobalt, lead, lithium, and vanadium. If such problem materials are present, provide additional recommendations for corrective action. D. Provide quality, size, genus, species, and variety of plants indicated, complying with applicable requirements in ANSI Z60.1. PLANTS 329300 -4 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON 1. Selection of plants purchased under allowances will be made by Architect, who will tag plants at their place of growth before they are prepared for transplanting. E. Measurements: Measure according to ANSI 7,60.1. Do not prune to obtain required sizes, 1. Trees and Shrubs: Measure with branches and trunks or canes in their normal position. Take height measurements from or near the top of the root flare for field- grown stock and container grown stock. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip to tip. Take caliper measurements 6 inches (150 mm) above the root flare for trees up to 4-inch (100- mm)caliper size,and 12 inches(300 mm)above the root flare for larger sizes. 2. Other Plants: Measure with stems,petioles,and foliage in their normal position. F. Plant Material Observation: Architect may observe plant material either at place of growth or at site before planting for compliance with requirements for genus, species, variety, cultivar, size, and quality. Architect retains right to observe trees and shrubs further for size and condition of halls and root systems,pests,disease symptoms,injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project site. 1. Notify Architect of sources of planting materials seven days in advance of delivery to site, G. Preinstallation Conference: Conduct conference at Project site. 1.7 DELIVERY, STORAGE,AND HANDLING A. Packaged Materials: Deliver packaged materials in original, unopened containers showing weight, certified analysis, name and address of manufacturer, and indication of confoimanee with state and federal laws if applicable. B. Bulk Materials: l. Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on existing turf areas or plants. 2. Provide erosion-control measures to prevent erosion or displacement of bulk materials, discharge of soil-bearing water runoff, and airborne dust reaching adjacent properties,water conveyance systems,or walkways. 3. Accompany each delivery of bulk fertilizers and soil amendments with appropriate certificates. C. Deliver bare-root stock plants freshly dug. Immediately after digging up bare-root stock, pack root system in wet straw, hay, or other suitable material to keep root system moist until planting. D. Do not prune trees and shrubs before delivery, Protect bark, branches, and root systems from sun scald, drying, wind burn, sweating, whipping, and other handling and tying damage. Do not bend or bind-tie trees or shrubs in such a manner as to destroy their PLANTS 329300- 5 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON natural shape. Provide protective covering of plants during shipping and delivery. Do not drop plants during delivery and handling. I1. Handle planting stock by root ball. 2. Store bulbs, corms, and tubers in a dry place at 60 to 65 deg F (16 to 18 deg C) until planting. E. Deliver plants after preparations for planting have been completed, and install immediately. If planting is delayed more than six hours after delivery, set plants and trees in their appropriate aspect (sun, filtered sun, or shade), protect from weather and mechanical damage, and keep roots moist. I. Heel-in bare-root stock. Soak roots that are in dry condition in water for two hours. Reject dried-out plants. 2. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable material. 3. Do not remove container-grown stock from containers before time of planting. 4. Water root systems of plants stored on-site deeply and thoroughly with a fine-mist spray. Water as often as necessary to maintain root systems in a moist, but not overly-wet condition. 1.8 PROJECT CONDITIONS A. Field Measurements: Verify actual grade elevations, service and utility locations, irrigation system components, and dimensions of plantings and construction contiguous with new plantings by field measurements before proceeding with planting work. B. Interruption of Existing Services or Utilities: Do not interrupt services or utilities to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary services or utilities according to requirements indicated: 1, Notify Architect no fewer than two days in advance of proposed interruption of each service or utility. C. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed when beneficial and optimum results may be obtained. Apply products during favorable weather conditions according to manufacturer's written instructions and warranty requirements. D. Coordination with Turf Areas (Lawns): Plant trees, shrubs, and other plants after finish grades are established and before planting turf areas unless otherwise indicated, 1. When planting trees, shrubs, and other plants after planting turf areas, protect turf areas, and promptly repair damage caused by planting operations. PLANTS 329300-6 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON 1.9 WARRANTY ' A. Special Warranty: Installer agrees to repair or replace plantings and accessories that fail in materials,workmanship,or growth within specified warranty period, , 1. Failures include,but are not limited to,the following: a. Death and unsatisfactory growth,except for defects resulting from abuse,lack of ' adequate maintenance, or neglect by Owner, or incidents that are beyond Contractor's control. b. Structural failures including plantings falling or blowing over. ' c. Faulty performance of tree stabilization. d. Deterioration of metals, metal finishes, and other materials beyond normal weathering. 2. Warranty Periods from Date of Planting Completion. a. Trees, Shrubs,Vines,and Ornamental Grasses: 12 months. ' b. Ground Covers,Biennials,Perennials,and Other Plants: 12 months. 3. Include the following remedial actions as a minimum: a. Immediately remove dead plants and replace unless required to plant in the succeeding planting season. b. Replace plants that are more than 25 percent dead or in an unhealthy condition at end of warranty period. c. A limit of one replacement of each plant will be required except for losses or replacements due to failure to comply with requirements. d. Provide extended warranty for period equal to original warranty period, for replaced plant material. 1.10 MAINTENANCE SERVICE A. Initial Maintenance Service for Trees and Shrubs: Provide maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after plants are installed and continue until plantings are acceptably healthy and well established but for not less than maintenance period below or until accepted by Owner,whichever comes first. 1. Maintenance Period: Three months Rom date of planting completion. B. Initial Maintenance Service for Ground Cover and Other Plants: Provide maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after plants are installed and continue until plantings are acceptably healthy and well established but for not less than maintenance period below or until accepted by Owner,whichever comes first. 2. Maintenance Period: Three months from date of planting completion. ' PLANTS 329300-7 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON PART 2-PRODUCTS 2.1 PLANT MATERIAL A. General; Furnish nursery-grown plants true to genus, species, variety, cultivar, stem form, shearing, and other features indicated in Plant Schedule or Plant Legend shown on Drawings and complying with ANSI Z60.1; and with healthy root systems developed by transplanting or root pruning. Provide well-shaped, fully branched, healthy, vigorous stock, densely foliated when in leaf and free of disease, pests, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. 1. Trees with damaged, crooked, or multiple leaders; tight vertical branches where bark is squeezed between two branches or between branch and trunk ("included bark"); crossing trunks; cut-off limbs more than 3/4 inch(19 mm) in diameter; or with stem girdling roots will be rejected. 2. Collected Stock: Do not use plants harvested from the wild, from native stands,from an established landscape planting, or not grown in a nursery unless otherwise indicated. B. Provide plants of sizes, grades, and ball or container sizes complying with ANSI Z60,1 for types and form of plants required. Plants of a larger size may be used if acceptable to Architect,with a proportionate increase in size of roots or balls. 1 C. Root-Ball Depth: Furnish trees and shrubs with root balls measured from top of root ball, which shall begin at root flare according to ANSI Z60.1. Root flare shall be visible before planting. D. Labeling: Label at least one plant of each variety, size, and caliper with a securely attached, waterproof tag bearing legible designation of common name and full scientific name, including genus and species. Include nomenclature for hybrid, variety, or cultivar, if applicable for the plant as shown on Drawings. E. If formal arrangements or consecutive order of plants is shown on Drawings, select stock for uniform height and spread, and number the labels to assure symmetry in planting. 2.2 LNIORGAN1C SOIL AMENDMENTS A. Lime: ASTM C 602, agricultural liming material containing a minimum of 80 percent calcium carbonate equivalent and as follows: I. Class: 'I', with a minimum of 99 percent passing through No. 8 (2.36-mm) sieve and a minimum of 75 percent passing through No. 60(0.25-mm) sieve, 2. Class: 0, with a minimum of 95 percent passing through No. 8 (2.36-mm) sieve and a minimum of 55 percent passing through No. 60(0.25-mm)sieve. 3. Provide lime in form of ground dolomitic limestone. B. Sulfur: Granular, biodegradable, and containing a minimum of 90 percent sulfur, with a minimum of 99 percent passing through No. 6 (3.35-mm) sieve and a maximum of 10 percent passing through No. 40 (0.425-mm) sieve. PLANTS 329300-8 Or IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON C. Iron Sulfate: Granulated ferrous sulfate containing a minimum of 20 percent iron and 10 percent sulfur. D. Aluminum Sulfate: Commercial grade, unadulterated, E. Perlite: Horticultural perlite, soil amendment grade. F. Agricultural Gypsum: Minimum 90 percent calcium sulfate, finely ground with 90 percent passing through No. 50(0.30-mm)sieve. G. Sand: Clean,washed,natural or manufactured, and free of toxic materials. IL Diatomaceous Earth: Calcined, 90 percent silica, with approximately 140 percent water absorption capacity by weight. I. Zeolites: Mineral clinoptilolite with at least 60 percent water absorption by weight. 2.3 ORGANIC SOIL AMENDMENTS A. Compost: Well-composted, stable, and weed-free organic matter, pH range of 5.5 to 8; moisture content 35 to 55 percent by weight; 100 percent passing through 3/4-inch (19- mm) sieve; soluble salt content of 5 decisiemens/m; not exceeding 0.5 percent inert contaminants and free of substances toxic to plantings; and as follows: 1. Organic Matter Content: 50 Percent of dry weight. 2. Feedstock: Agricultural, food, or industrial residuals; biosolids; yard trimmings; or source-separated or compostable mixed solid waste. B. Sphagnum Peat: Partially decomposed sphagnum peat moss, finely divided or granular texture,with a pH range of 3.4 lo 4.8. C. Muck Peat: Partially decomposed moss peat, native peat, or reed-sedge peat, finely divided or of granular texture,with a pH range of 6 to 7.5, and having a water-absorbing capacity of 1100 to 2000 percent. D. Manure: Well-rotted, =leached, stable or cattle manure containing not more than 25 percent by volume of straw, sawdust,or other bedding materials; free of toxic substances, stones, sticks, soil, weed seed, debris,and material harmful to plant growth, 2,4 FERTILIZERS A. Bonemeal: Commercial, raw or steamed, finely ground; a minimum of 1 percent nitrogen and 10 percent phosphoric acid. B. Superphosphate: Commercial, phosphate mixture, soluble; a minimum of 20 percent available phosphoric acid, C. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of fast- and slow-release nitrogen, 50 percent derived from natural organic sources of urea formaldehyde, phosphorous, and potassium in the following composition: PLANTS 329300 - 9 IRRIGATION REPLACEMENT AND BEAU illICATION APRIL 2018 BLOCK 10 FORT GORDON 1. Composition: 1 lb/1000 sq. ft. (0.45 kg/92.9 sq.m) of actual nitrogen, 4 percent phosphorous,and 2 percent potassium,by weight. 2. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in ' soil reports from a qualified soil-testing laboratory. D. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water- , insoluble nitrogen,phosphorus,and potassium in the following composition: 1. Composition: . 20 percent nitrogen, 10 percent phosphorous, and 10 percent potassium,by weight. ' 2. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil-testing laboratory. 3. Nutrient Composition: 20 percent nitrogen, 10 percent phosphorous, and 5 percent potassium,by weight plus micronutrients. ' 2.5 PLANTING SOILS A. Planting Soil: Existing,in-place surface soil. Verify suitability of existing surface soil to produce viable planting soil. Remove stones, roots, plants, sod, clods, clay lumps, pockets of coarse sand, concrete slurry, concrete layers or chunks, cement, plaster, building debris,and other extraneous materials harmful to plant growth. Mix surface soil with soil amendments and fertilizers in quantities recommended by soil testing agency to ' produce planting soil. B. Planting Soil: Imported topsoil or manufactured topsoil from off-site sources. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil ' occurs at least 4 inches (100 mm) deep; do not obtain from agricultural land, bogs, or marshes. 1. Additional Properties of Imported Topsoil or Manufactured Topsoil: Screened and free of stones 1 inch (25 mm) or larger in any dimension; free of roots, plants, sod, clods, clay lumps, pockets of coarse sand, paint, paint washout, concrete slurry, concrete layers or chunks, cement,plaster, building debris, oils, gasoline,diesel fuel, ' paint thinner,turpentine, tar,roofing compound, acid, and other extraneous materials harmful to plant growth; free of obnoxious weeds and invasive plants including quackgrass, Johnsongrass, poison ivy, nutsedge, nimblewill, Canada thistle, ' bindweed, bentgrass, wild garlic, ground ivy, perennial sorrel, and bromegrass; not infested with nematodes; grubs; or other pests, pest eggs, or other undesirable organisms and disease-causing plant pathogens; friable and with sufficient structure ' to give good tilth and aeration. Continuous, air-filled pore space content on a volume/volume basis shall be at least 15 percent when moisture is present at field capacity. Soil shall have a field capacity of at least 15 percent on a dry weight basis. ' 2.6 MULCHES A. Organic Mulch: Free from deleterious materials and suitable as a top dressing of trees and shrubs,consisting of one of the following: 1. Type: Long Leaf pine straw. PLANTS _ 32930010 IRRIGA'llON REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON 2.7 WEED-CONTROL BARRIERS A. Composite Fabric: Woven, needle-punched polypropylene substrate bonded to a nonwoven polypropylene fabric,4.8 oz./sq. yd. (162 g/sq.m), 2.8 PESTICIDES A. General: Pesticide registered and approved by EPA, acceptable to authorities having jurisdiction,and of type recommended by manufacturer for each specific problem and as required for Project conditions and application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction, 13, Pre-Emergent Herbicide (Selective and Non-Selective): Effective for controlling the germination or growth of weeds within planted areas at the soil level directly below the mulch layer. C. Post-Emergent Herbicide (Selective and Non-Selective): Effective for controlling weed growth that has already germinated. 2.9 TREE STABILIZATION MATERIALS A. Stakes and Guys: 1. Upright and Guy Stakes: Rough-sawn, sound, new softwood with specified wood pressure-preservative treatment, free of knots,holes,cross grain, and other defects, 2- by-2-inch nominal (38-by-38-mm actual)by length indicated,pointed at one end. 2. Wood Deadinern Timbers measuring 8 inches (200 mm) in diameter and 48 inches (1200 mm) long,treated with specified wood pressure-preservative treatment. 3. Flexible Ties: Wide rubber or elastic bands or straps of length required to reach stakes or turnbuckles. 4. Guys and Tie Wires: ASTM A 641/A 641M, Class 1, galvanized-steel wire, two- strand,twisted,0.106 inch(2.7 mm)in diameter. 5. Tree-Tie Webbing: UV-resistant polypropylene or nylon webbing with brass grommets. 6. Guy Cables: Five-strand, 3/16-inch- (4.8-nun-) diameter, galvanized-steel cable, with zinc-coated turnbuckles, a minimum of 3 inches (75 mm) long, with two 3/8- inch(10-mm) galvanized eyebolts. 7. Flags: Standard surveyor's plastic flagging tape,white,6 inches(150 mm) long. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine areas to receive plants for compliance with requirements and conditions affecting installation and performance. 1. Verify that no foreign or deleterious material or liquid such as paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, oils, gasoline, diesel fuel, PLANTS 329300- 11 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON paint thinner, turpentine, tar, roofing compound, or acid has been deposited in soil within a planting area. 2. Do not mix or place soils and soil amendments in frozen, wet, or muddy conditions. 3. Suspend soil spreading, grading, and tilling operations during periods of excessive soil moisture until the moisture content reaches acceptable levels to attain the required results. 4. Uniformly moisten excessively dry soil that is not workable and which is too dusty. B. Proceed with installation only after unsatisfactory conditions have been corrected. C. If contamination by foreign or deleterious material or liquid is present in soil within a planting area, remove the soil and contamination as directed by Architect and replace with new planting soil. 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities and turf areas and existing plants from damage caused by planting operations. B. Install erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways. C. Lay out individual tree and shrub locations and areas for multiple plantings. Stake locations, outline areas, adjust locations when requested, and obtain Architect's acceptance of layout before excavating or planting. Make minor adjustments as required. D. Lay out plants at locations directed by.Architect. Stake locations of individual trees and shrubs and outline areas for multiple plantings. E. Apply antidesiccant to trees and shrubs using power spray to provide an adequate film over trunks (before wrapping), branches, stems, twigs, and foliage to protect during digging, handling,and transportation. 1. If deciduous trees or shrubs are moved in full leaf, spray with antidesiccant at nursery before moving and again two weeks after planting. F. Wrap trees and shrubs with burlap fabric over trunks, branches, stems, twigs, and foliage to protect from wind and other damage during digging,handling, and transportation. 3.3 PLANTING AREA ESTABLISHMENT A. Loosen subgrade of planting areas to a minimum depth of 6 inches (150 mm), Remove stones larger than 1 inch (25 mm) in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. 1. Apply superphosphate fertilizer directly to subgrade before loosening. 2. Spread topsoil, apply soil amendments and fertilizer on surface, and thoroughly blend planting soil. PLANTS 329300- 12 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON a. Delay mixing fertilizer with planting soil if planting will not proceed within a few days. b. Mix lime with dry soil before mixing fertilizer, 3. Spread planting soil to a depth of 4 inches (100 mm) but not less than required to meet finish grades after natural settlement. Do not spread if planting soil or subgade is frozen,muddy, or excessively wet. a. Spread approximately one-half the thickness of planting soil over loosened subgrade, Mix thoroughly into top 2 inches (50 mm) of subgrade. Spread remainder of planting soil. B. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. C. Before planting, obtain Architect's acceptance of finish grading; restore planting areas if eroded or otherwise disturbed after finish grading. 3,4 EXCAVATION FOR TREES AND SHRUBS A. Planting Pits and Trenches: Excavate circular planting pits with sides sloping inward at a 45-degree angle. Excavations with vertical sides are not acceptable. Trim perimeter of bottom leaving center area of bottom raised slightly to support root ball and assist in drainage away from center, Do not further disturb base. Ensure that root ball will sit on undisturbed base soil to prevent settling. Scarify sides of planting pit smeared or smoothed during excavation. 1. Excavate approximately three times as wide as ball diameter for balled and burlapped and container-grown stock. 2. Do not excavate deeper than depth of the root ball, measured from the root flare to the bottom of the root ball. 3. If area under the plant was initially dug too deep, add soil to raise it to the correct level and thoroughly tamp the added soil to prevent settling. 4. Maintain required angles of repose of adjacent materials as shown on the Drawings. Do not excavate subgrades of adjacent paving, structures,hardscapes, or other new or existing improvements. 5. Maintain supervision of excavations during working hours, 6. Keep excavations covered or otherwise protected after working hours and when unattended by Installer's personnel. B. Subsoil and topsoil removed from excavations may be used as planting soil. C. Obstructions: Notify Architect if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations, D. Drainage: Notify Architect if subsoil conditions evidence unexpected water seepage or retention in tree or shrub planting pits. PLANTS 329300- 13 I IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON ' E. Fill excavations with water and allow to percolate away before positioning trees and shrubs. ' 3.5 TREE, SHRUB,AND VINE PLANTING ' A. Before planting, verify that root flare is visible at top of root ball according to ANSI Z60.1. If root flare is not visible,remove soil in a level manner from the root ball to where the top-most root emerges from the trunk. After soil removal to expose the root flare,verify that root ball still meets size requirements. ' B. Remove stem girdling roots and kinked roots. Remove injured roots by cutting cleanly; do not break. ' C. Set balled and burlapped stock plumb and in center of planting pit or trench with root flare 1 inch(25 mm)above adjacent finish grades. ' 1. After placing some backfill around root ball to stabilize plant, carefully cut and remove burlap, rope, and wire baskets from tops of root balls and from sides, but do not remove from under root balls. Remove pallets,if any,before setting. Do not use ' planting stock if root ball is cracked or broken before or during planting operation. 2. Backfill around root ball in layers,tamping to settle soil and eliminate voids and air pockets. When planting pit is approximately one-half filled,water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. 3. Continue backfilling process. Water again after placing and tamping final layer of soil. ' D. Set container-grown stock plumb and in center of planting pit or trench with root flare 1 inch(25 mm)above adjacent fmish grades. ' 1. Carefully remove root ball from container without damaging root ball or plant. 2. Backfill around root ball in layers, tamping to settle soil and eliminate voids and air pockets. When planting pit is approximately one-half filled,water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. ' 3. Place planting tablets in each planting pit when pit is approximately one-half filled; in amounts recommended in soil reports from soil testing laboratory. Place tablets beside the root ball about 1 inch (25 mm) from root tips; do not place tablets in ' bottom of the hole. 4. Continue backfilling process. Water again after placing and tamping final layer of soil. ' E. When planting on slopes,set the plant so the root flare on the uphill side is flush with the surrounding soil on the slope;the edge of the root ball on the downhill side will be above the surrounding soil. Apply enough soil to cover the downhill side of the root ball. ' 3.6 TREE,SHRUB, VINE PRUNING A. Remove only dead, dying,or broken branches. Do not prune for shape. B. Prune,thin,and shape trees, shrubs,and vines as directed by Architect. ' PLANTS 329300- 14 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON C. Prune, thin, and shape trees, shrubs, and vines according to standard professional horticultural and arboricultural practices. Unless otherwise indicated by Architect, do not cut tree leaders; remove only injured, dying, or dead branches from trees and shrubs; and prune to retain natural character. D. Do not apply pruning paint to wounds. 3.7 TREE STABILIZATION A. install trunk stabilization as follows unless otherwise indicated: 1. Upright Staking and Tying: Stake trees of 2-through 5-inch (50- through 125-mm) caliper. Stake trees of less than 2-inch (50-mm) caliper only as required to prevent wind tip out. Use a minimum of two stakes of length required to penetrate at least 18 inches (450 nun) below bottom of backfilled excavation and to extend one-third of trunk height above grade. Set vertical stakes and space to avoid penetrating root balls or root masses. 2. Use two stakes for trees up to 12 feet (3.6 m) high and 2-1/2 inches (63 mm) or less in caliper; three stakes for trees less than 14 feet(4.2 m) high and up to 4 inches (100 mm)in caliper. Space stakes equally around trees. 3. Support trees with bands of flexible ties at contact points with tree trunk. Allow enough slack to avoid rigid restraint of tree. 4. Support trees with two strands of tie wire,connected to the brass grommets of tree-tie webbing at contact points with tree trunk. Allow enough slack to avoid rigid restraint of tree. B. Staking and Guying: Stake and guy trees more than 14 feet(4.2 in) in height and equal to or greater than 3 inches (75 mm) in caliper unless otherwise indicated, Securely attach no fewer than three guys to stakes 30 inches(760 mm) long,driven to grade. 3.8 GROUND COVER AND PLANT PLANTING A. Set out and space ground cover and plants other than trees, shrubs, and vines as indicated on plans in even rows with triangular spacing. 13. Use planting soil for backfill. C. Dig holes large enough to allow spreading of roots. D. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water, F. Water thoroughly after planting;taking care not to cover plant crowns with wet soil. F. Protect plants from hot sun and wind; remove protection if plants show evidence of recovery from transplanting shock. PLANTS 329300- 15 1 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON 3.9 PLANTING AREA MULCHING A. Install weed-control barriers before mulching according to manufacturer's written instructions. Use Fabriscape, woven weed restrictor or approved equal. See www.fabriscape.com. Completely cover area to be mulched, overlapping edges a minimum of 6 inches(150 mm)and secure seams with galvanized pins. ' B. Mulch backfilled surfaces of planting areas and other areas indicated. 1. Organic Mulch in Planting Areas: Apply 3-inch (75-mm) average thickness of organic mulch extending 12 inches (300 mm)beyond edge of individual planting pit or trench and over whole surface of planting area, and finish level with adjacent finish grades. Do not place mulch within j3 inches(75 mm)] of trunks or stems. C. Shovel-Cut Edging: Separate mulched areas from turf areas,curbs, and paving with a 45- degree,4-to 6-inch-(100-to 150-mm-)deep, shovel-cut edge as shown on Drawings. ' 3.10 PLANT MAINTENANCE A. Maintain plantings by pruning, cultivating, watering, weeding, fertilizing, mulching, restoring planting saucers, adjusting and repairing tree-stabilization devices, resetting to proper grades or vertical position, and performing other operations as required to establish healthy, viable plantings. Spray or treat as required to keep trees and shrubs ' free of insects and disease. B. Fill in as necessary soil subsidence that may occur because of settling or other processes. ' Replace mulch materials damaged or lost in areas of subsidence. C. Apply treatments as required to keep plant materials,planted areas,and soils free of pests and pathogens or disease. Use integrated past management practices whenever possible ' to minimize the use of pesticides and reduce hazards. Treatments include physical controls such as hosing off foliage, mechanical controls such as traps, and biological control agents. 3.11 PESTICIDE APPLICATION A. Apply pesticides and other chemical products and biological control agents in accordance with authorities having jurisdiction and manufacturer's written recommendations. Coordinate applications with Owner's operations and others in proximity to the Work. ' Notify Owner before each application is performed. B. Pre-Emergent Herbicides (Selective and Non-Selective): Apply to tree, shrub, and ground-cover areas in accordance with manufacturer's written recommendations. Do not apply to seeded areas. C. Post-Emergent Herbicides (Selective and Non-Selective): Apply only as necessary to ' treat already-germinated weeds and in accordance with manufacturer's written recommendations. PLANTS 329300- 16 IRRIGATION REPLACEMENT AND BEAUTIFICATION APRIL 2018 BLOCK 10 FORT GORDON 3.12 CLEANUP AND PROTECTION A. During planting, keep adjacent paving and construction clean and work area in an orderly condition. B. Protect plants from damage due to landscape operations and operations of other contractors and trades. Maintain protection during installation and maintenance periods. Treat, repair,or replace damaged plantings, C. After installation and before Substantial Completion, remove nursery tags, nursery stakes, tie tape, labels, wire, burlap, and other debris from plant material, planting areas, and Project site. 3.13 DISPOSAL A. Remove surplus soil and waste material including excess subsoil, unsuitable soil, trash, and debris and legally dispose of them off Owner's property. END OF SECTION 329300 I PLANTS 329300- 17