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10-0315 City of Tybee
ti r CITY OF TYBEE ISLAND BUILDING PERMIT DATE ISSUED: 06-15-2010 PERMIT#: 100315 WORK DESCRIPTION BUTLER AVE XWALKS-3RD/11TH/13TH WORK LOCATION BUTLER AVE OWNER NAME CITY OF TYBEE ADDRESS PO BOX 2749 CITY,ST,ZIP TYBEE ISLAND GA 31328-2749 PHONE NUMBER CONTRACTOR NAME A D WILLIAMS CONSTRUCTION CO r"1 ADDRESS PO BOX 24358 , IIJJ . CITY STATE ZIP SAVANNAH GA 31403 V 0 FLOOD ZONE (VS° BUILDING VALUATION C� SQUARE FOOTAGE OCCUPANCY TYPE U TOTAL FEES CHARGED $ 0.00 PROPERTY IDENTIFICATION# PROJECT VALUATION $44,418.00 TOTAL BALANCE DUE: $ 0.00 It is understood that if this permit is granted the builder will at all times comply with the zoning,subdivision,flood control,building,fire, soil and sedimentation,wetlands,marshlands protection and shore protection ordinances and codes whether local,state or federal,including all environmental laws and regulations when applicable,subsequent owners should be informed that any alterations to the property must be approved by the issuance of another building permit. Permit holder agrees to hold the City of Tybee Island harmless on any construction covered by this permit. This permit must be posted in a conspicuous location in the front of building and protected from the weather. If this permit is not posted work will be stopped. The building contractor will replace curb paving and gutter broken during construction. This permit will be voided unless work has begun within six months of the date of issuance. jpSignature of Building Inspector or Authorized Agent: - i' g■ P.0.Box 2749-403 Butler Avenue,Tybee Island,Georgia 31328 (912)786-4573-FAX(912)786-9539 www.cityoftybee.org ii 0�8 Is City of Tybee Island q j BUILDING AND ZONING P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 10—' 03 f S (912)786-4573—FAX(912) 786-9539 APPLICATION FOR INFRASTRUCTURE ALTERATION PERMIT Name p }- 1 b e� 1.5 (czn d. 0 Address -to 3 04-1 4.r Ave Home Telephone / Other Phone 7e6-y-S'73 NOTE: Any alteration to City-owned streets, curbs, sidewalks, water lines, sewer lines, drainage pipes, catch basins, or other elements of the City's infrastructure, requires a permit from the City, and an acknowledgement by the individual seeking to accomplish the(alteration, that: a. The City's infrastructure will not be degraded in any way. 1.°'^'�r°�-'�9 b. All necessary safety precautions will be undertaken. A.D, w:(t*, aft 5 c. The City will inspect the work in process and upon completion. d. The work will be accomplished to the City's satisfaction. e. The City shall be held harmless of any liability or damage of any variety. f. The individual has read applicable portions of the City's Code of Ordinances dealing with the alteration, and agrees to fully comply with such provisions. Location of work: 44 AVe Cr o t / o e. • w Description of alteration: 3 r.. S+, I �". 5 a-, / 3 ' 54-, 1 Estimated cost of construction: $ y/ 5// g A sketch or drawing must be attached illustrating the planned alteration. Attached? 25 City Design Standards and Specifications: Any alteration to the City's infrastructure shall be accomplished in such a fashion so as to restore the infrastructure to essentially the same condition that existed prior to the alteration, or to an improved condition, as determined by the City. Certification: ereby acknowledge the above requirements, and certify that I will perform the above desc bed Iteration ' ccordance h these provisions. Signature - Date &//17//0 Approvals: Signature Date Fees Zoning Administrator Permit Code Enforcement Officer Inspection Water/Sewer Engineering Review Storm/Drainage TOTAL City Manager Mar 02 2010 12: 47PM HOT INTERNATIONAL 91 521692 p. 2 ADDENDUM NO. 2 DATED MARCH 1, 2010 HUSSEY, GAY, BELL&DEYOUNG, INC. CONSULTING ENGINEERS SAVANNAH, GEORGIA RECEIVED r 1 ADDENDUM NO. 2 TO THE CONTRACT DOCUMENTS FOR BUTLER AVENUE CROSSWALK IMPROVEMENTS FOR CITY OF TYBEE ISLAND, GEORGIA All Bidders and other interested parties are hereby notified of the following additions and/or revisions to the Plans and Specifications of the referenced project. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED ON THE BID PROPOSAL *********************************************************************A********* The bid date has been changed from March 2, 2010 to March 5, 2010 at 2:00 P.M. CONTRACT DOCUMENTS Bid Proposal The revised Bid Proposal dated March 1, 2010 is attached. This document has been modified to include additional language concerning the addition of push button controls to Additive Alternate 1 and to add Additive Alternate 2 for pavement mounted pedestrian crossing signs. Specifications The Georgia Department of Transportation specifications being used on the project are to be clarified in accordance with the following statement: The glass beads used in the thermoplastic striping shall have a minimum refractive index of 1.65. No material containing beads with a lesser index will be accepted. 1 BID PROPOSAL CITY OF TYBEE ISLAND 403 Butler Avenue Tybee Island, Georgia 31328 ATTENTION: Ms. Diane Schleicher, City Manager PROJECT TITLE: BUTLER AVENUE CROSSWALK IMPROVEMENTS SUBMITTED BY: Having carefully examined the Plans,Specifications and other Contract Documents relating to Butler Avenue Crosswalk Improvements dated January,2010 and Addendum No.(s) and also having carefully inspected the premises and the conditions affecting the work, the undersigned hereby proposes and agrees to furnish all materials, labor skill, equipment, tools and other things of every kind and description specified,needed or used for the complete execution of all work covered by and in conformity with the aforesaid Plans, Specifications and other Contract Documents prepared by HUSSEY, GAY, BELL & DEYOUNG, INC., Consulting Engineers (hereinafter called the "Engineer") and all Amendments and Addenda thereto, for the sums hereinafter stated. SCHEDULE OF BID PROPOSAL: Bidder must fill in unit prices in figures, make extensions of each item and total as indicated. For complete information concerning these items, see Plans and Specifications. 1 BUTLER AVENUE CROSSWALK IMPROVEMENTS Tybee Island, Georgia Bid Schedule January, 2010 Item Description Estimated Unit Price Total Price No. Quantity 1. Remove existing traffic signing in conflict with or superceding proposed signing JOB LS $ $ 2. Stamped concrete crosswalk, including required pavement removal and ground 175 SY preparation 3. 8" Thermoplastic Traffic Stripe, White 2800 LF 4. R-560-5 Sign 3 EA 5. Traffic Control JOB LS TOTAL BASE BID $ Additive Alternate 1 1. Provide and install flashing solar powered 32 EA pedestrian crossing sign mounted on GDOT approved post and make operational TOTAL, ADDITIVE ALTERNATE 1 $ TOTAL, ALL WORK $ 2 For and in consideration of the sum of$1.00, the receipt of which is hereby acknowledged, the Undersigned agrees that this proposal may not be revoked or withdrawn after the time set for the opening of bids except as provided by O.C.G.A. 36-91-52. Bids shall remain open for acceptance for a period of sixty days following bid opening. In case he be notified in writing by mail, telegraph, or delivery of the acceptance of the Proposal within sixty days after the time set for the opening of bids,the Undersigned agrees to execute within ten days a Contract(Form of Agreement between Contractor and Owner)for the work for the above stated compensation and at the same time to furnish and deliver to the Owner a Performance Bond and Payment Bond in accordance with the instructions bound in the specifications,both in an amount equal to 100 percent of the contract sum. The Undersigned agrees to commence actual physical work on the site with an adequate force and equipment within ten days of a date to be specified in a written order from the Owner and to complete fully all work within 90 consecutive calendar days, or within consecutive calendar days if different than specified. The Undersigned Bidder agrees to pay to the Owner, Liquidated Damages as stated in the Special Conditions for each consecutive calendar day of delay in an amount not to exceed $200.00 per day. Enclosed herewith is a Bid Bond in the amount of Dollars($ ) being not less than 5 percent of the Base Bid. The Bid Bond must be submitted on a form acceptable to the Owner. The Undersigned agrees that the above stated amount is the proper measure of liquidated damages which the Owner will sustain by the failure of the Undersigned to execute the Contract and to furnish the performance Bond and Payment Bond in case this proposal is accepted and further agrees to the following: If this Proposal is accepted within 60 days after the date set for the opening of bids and the Undersigned fails to execute the Contract within 10 days after written notice of such acceptance or if he fails to furnish both a Performance Bond and Payment Bond,the obligation of the Bid Bond will remain in full force and effect and the money payable thereon shall be paid into the funds of the Owner as Liquidated Damages for such failure;otherwise the obligation of the Bid Bond will be null and void. 3 The Bidder submits the following statement of Bidder's qualifications. BIDDER'S QUALIFICATIONS NAME OF BIDDER STREET ADDRESS TELEPHONE NO. FAX NO. WHEN ORGANIZED WHERE INCORPORATED LICENSED TO DO BUSINESS IN THE STATE OF The foregoing statement of qualifications is submitted under oath: Respectfully submitted, Name: Mailing Address: By: Title: The legal name of the Bidder is: (Attach satisfactory evidence of the authority of the officer, or officers, signing on behalf of a corporation.) 4 CONTRACT DOCUMENTS FOR BUYER AVENUE CROSSWALK IMPROVEMENTS FOR c_TY OF TYBEE ISLAND, GEORGIA PREPARED BY [659 A Be!!Company January, 2010 HUSSEY, GAY, BELL & DEYOUNG, INC. CONSULTING ENGINEERS SAVANNAH, GEORGIA ADDENDUM NO. 2 DATED MARCH 1, 2010 HUSSEY, GAY, BELL &DEYOUNG, INC. CONSULTING ENGINEERS SAVANNAH, GEORGIA ADDENDUM NO. 2 TO THE CONTRACT DOCUMENTS FOR BUTLER AVENUE CROSSWALK IMPROVEMENTS FOR CITY OF TYBEE ISLAND, GEORGIA All Bidders and other interested parties are hereby notified of the following additions and/or revisions to the Plans and Specifications of the referenced project. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED ON THE BID PROPOSAL ****************************************************************************** The bid date has been changed from March 2, 2010 to March 5, 2010 at 2:00 P.M. CONTRACT DOCUMENTS Bid Proposal The revised Bid Proposal dated March 1, 2010 is attached. This document has been modified to include additional language concerning the addition of push button controls to Additive Alternate 1 and to add Additive Alternate 2 for pavement mounted pedestrian crossing signs. Specifications The Georgia Department of Transportation specifications being used on the project are to be clarified in accordance with the following statement: The glass beads used in the thermoplastic striping shall have a minimum refractive index of 1.65. No material containing beads with a lesser index will be accepted. 1 ADDENDUM NO. 2 DATED MARCH 1, 2010 Plans 1. The crosswalk, blinking signs and pavement mounted pedestrian crossing sign at the intersection of 11`h Street with Butler Avenue shall be on the south side of the intersection, not the north side as shown on plan sheet 2. 2. The details and notes for the blinking pedestrian crossing signs shall be amended to include push button control of the blinking signs with radio interconnection at each installation in accord with the attached two sheet"Blinkerbeam" description provided by TAPCO. 3. The plan is amended to provide for the installation of pavement mounted pedestrian crossing signs. The signs shall consist of heavy duty sign posts and vertical signs as shown on the attached 7 sheet description from"Safe-Hit". Alternate providers will be accepted so long as they are completely equivalent. The message on the vertical sign panel will be on both sides of the sign. The price bid for the sign will include installation by attachment to the pavement. The signs will contain the State Law/Crosswalk format shown. END OF ADDENDUM NO. 2 2 ADDENDUM NO. 2 DATED MARCH 1, 2010 BID PROPOSAL CITY OF TYBEE ISLAND 403 Butler Avenue Tybee Island, Georgia 31328 ATTENTION: Ms. Diane Schleicher, City Manager PROJECT TITLE: BUTLER AVENUE CROSSWALK IMPROVEMENTS SUBMITTED BY: Having carefully examined the Plans,Specifications and other Contract Docu ting to Butler Avenue Crosswalk Improvements dated January,2010 and Addendum No.l uateu ; ul nary 18,2010 and Addendum No.2 dated March 1,2010,and also having carefully inspected the premises and the conditions affecting the work, the undersigned hereby proposes and agrees to fu all materials, labor skill,equipment,tools and other things of every kind and description specii .: .ceded or used for the complete execution of all work covered by and in conformity with th resaid Plans, Specifications and other Contract Documents prepared by HUSSEY, GAY,BEI_ DEYOUNG, INC., Consulting Engineers (hereinafter called the "Engineer") and all Amendments and Addenda thereto, for the sums hereinafter stated. SCHEDULE OF BID PROPOSAL: Bidder must fill in unit prices in figures, make extensions of each item and total as indicated. For complete information concerning these items, see Plans and Specifications. 3 ADDENDUM NO. 2 DATED MARCH 1, 2010 BUTLER AVENUE CROSSWALK IMPROVEMENTS Tybee Island, Georgia Bid Schedule March 1, 2010 Item Description Estimated Unit Price Total Price No. Quantity 1. Remove existing traffic signing in conflict with or superceding proposed signing JOB LS $ $ 2. Stamped concrete crosswalk, including required pavement removal and ground 175 SY preparation _ 3. 8"Thermoplastic Traffic Stripe, White 2800 LF 4. R-560-5 Sign 3 EA 5. Traffic Control JOB LS TOTAL BASE BID $ _ Additive Alternate 1 1. Provide and install flashing solar powered 32 EA $ pedestrian crossing sign mounted on GDOT approved post with radio connected push button controls and make operational TOTAL, ADDITIVE ALTERNATE 1 _ $ Additive Alternate 2 1. Provide and install pavement mounted 12 EA $ pedestrian crossing signs with heavy duty sign posts and vertical panels TOTAL, ADDITIVE ALTERNATE 2 $ TOTAL, ALL WORK $ 4 ADDENDUM NO. 2 DATED MARCH 1, 2010 For and in consideration of the sum of$1.00, the receipt of which is hereby acknowledged, the Undersigned agrees that this proposal may not be revoked or withdrawn after the time set for the opening of bids except as provided by O.C.G.A.36-91-52. Bids shall remain open for acceptance for a period of sixty days following bid opening. In case he be notified in writing by mail, telegraph, or delivery of the acceptance of the Proposal within sixty days after the time set for the opening of bids,the Undersigned agrees to execute within ten days a Contract(Form of Agreement between Contractor and Owner)for the work for the above stated compensation and at the same time to furnish and deliver to the Owner a Performance Bond and Payment Bond in accordance with the instructions bound in the specifications,both in an amount equal to 100 percent of the contract sum. The Undersigned agrees to commence actual physical work on the site with an adequate force and equipment within ten days of a date to be specified in a written order from the Owner and to complete fully all work within 90 consecutive calendar days, or within consecutive calendar days if different than specified. The Undersigned Bidder agrees to pay to the Owner, Liquidated Damages as stated in the Special Conditions for each consecutive calendar day of delay in an amount not to exceed $200.00 per day. Enclosed herewith is a Bid Bond in the amount of Dollars($ ) being not less than 5 percent of the Base Bid. The Bid Bond must be submitted on a form acceptable to the Owner. The Undersigned agrees that the above stated amount is the proper measure of liquidated damages which the Owner will sustain by the failure of the Undersigned to execute the Contract and to furnish the performance Bond and Payment Bond in case this proposal is accepted and further agrees to the following: If this Proposal is accepted within 60 days after the date set for the opening of bids and the Undersigned fails to execute the Contract within 10 days after written notice of such acceptance or if he fails to furnish both a Performance Bond and Payment Bond,the obligation of the Bid Bond will remain in full force and effect and the money payable thereon shall be paid into the funds of the Owner as Liquidated Damages for such failure;otherwise the obligation of the Bid Bond will be null and void. 5 ADDENDUM NO. 2 DATED MARCH 1, 2010 The Bidder submits the following statement of Bidder's qualifications. BIDDER'S QUALIFICATIONS NAME OF BIDDER STREET ADDRESS TELEPHONE NO. FAX NO. WHEN ORGANIZED WHERE INCORPORATED LICENSED TO DO BUSINESS IN THE STATE OF The foregoing statement of qualifications is submitted under oath: Respectfully submitted, Name: Mailing Address: By: Title: The legal name of the Bidder is: (Attach satisfactory evidence of the authority of the officer, or officers, signing on behalf of a corporation.) 6 Hussey, Gay, Bell &DeYoung, Inc. Consulting Engineers Savannah, Georgia Addendum No. 1, February 18, 2010 ADDENDUM No. 1 To the CONTRACT DOCUMENTS for Butler Avenue Crosswalk Improvements for City of Tybee Island, Georgia All Bidders and other interested parties are hereby notified of the following additions and/or revisions to the Plans and Specifications for the referenced project. RECEIPT of THIS ADDENDUM MUST BE ACKNOWLEDGED on the BID PROPOSAL. ************************************************************************ The bid date has been changed from February 23, 2010 to March 2, 2010 at 2:00 PM. End of Addendum No. 1 TABLE OF CONTENTS PAGE NUMBERS PART I - BIDDING REQUIREMENTS Advertisement for Bids 1 Page Instructions and Information to Bidders 4 Pages Bid Proposal 4 Pages PART II- CONTRACT FORMS Contract Form 2 Pages Payment Bond 3 Pages Performance Bond 3 Pages PART III - SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 00700 General Conditions 00700-1 thru 00700-62 01002 Special Conditions 01002-1 thru 01002-10 01150 Measurement and Payment 01150-1 thru 01150-2 All work on this project shall be done in compliance with the current edition of the Georgia Department of Transportation Standard Specifications for Construction of Transportation Systems and other specifications or instructions referenced on the project plans. These documents are incorporated into this document by reference and are in place of project specific specifications. NOTICE TO CONTRACTORS AND INVITATION/ADVERTISEMENT FOR BIDS Sealed bids will be received for Butler Avenue Crosswalk Improvements in the Tybee Island City Hall until 2:00 P.M. (Local Time), February 23, 2010, at which time they will be publicly opened and read. The work under this Contract will consist generally of the following: Installation of three new stamped concrete crosswalks and striping modifications at new and existing crosswalks. An additive alternate consists of the erection of flashing pole mounted pedestrian crossing signs. The Plans and Specifications are available for inspection at the office of Hussey,Gay,Bell& DeYoung, Inc., Consulting Engineers, 329 Commercial Drive, Savannah, Georgia. One (1) set of Plans, Specifications and other Contract Documents may be obtained by application, accompanied by a check or money order in the amount of$50.00 payable to Hussey, Gay, Bell & DeYoung, Inc., P.O. Box 14247, Savannah, Georgia 31416 (329 Commercial Drive, 31406). No refund will be made for returned documents. All questions concerning the plans, Specifications and other Contract Documents should be directed to Hussey, Gay,Bell&DeYoung,Inc. Consulting Engineers, P.O. Box 14247,Savannah, Georgia, 31416, telephone (912) 354-4626. Bids must be accompanied by a certified check or Bid Bond in the amount of five percent of the amount bid. The successful bidder must be able to provide a Payment Bond and Performance Bond within ten days of Notice of Award. These bonds must be in the amount of 100 percent of the contract amount. The City of Tybee Island reserves the right to reject any or all bids and to waive technicalities and informalities. City of Tybee Island P.O. Box 2749 403 Butler Avenue Tybee Island, Georgia 31328 1 All bids must be submitted on the Bid Proposal Form furnished to the Bidder as a part of these documents and must be signed. All blanks on the proposal form must be filled in. Numbers shall be written in English words and in Arabic Numerals, and the completed form shall be without interlineation, alteration, or erasure. Failure to submit a proposal in the form requested or the inclusion of any condition, alternate, limitation or provision not called for will render the bid irregular and shall be considered sufficient cause for rejection of a bid. Failure to complete entries in all blanks in the proposal form shall be considered sufficient cause for rejection of a proposal. All addenda issued shall be acknowledged in the place so designated. All alternates,if any, shall be bid on; the term "no bid" shall not be used. In the event that the Bidder does not desire to make a change in price from his Base Bid for any given alternate,he shall so indicate by using the words "no change." Proposals shall close with legal name of Bidder and be executed by one legally authorized to bind the bidding firm to a contract. Bid Security,made payable to the Owner, shall be in the amount of five percent(5%)of the Base Bid. Security shall be a Bid Bond issued by a surety licensed to conduct business in state where project is located, and shall have attached Power of Attorney certifying bond signee. A proposal cannot be withdrawn after it is filed,unless Bidder makes written request to the Owner prior to time set for opening of bids, or unless the Owner fails to accept bid within 60 days after date fixed for opening of bids. If any bidder refuses to enter into a contract, the Owner will retain his Bid Security as liquidated damages but not as a penalty. Submittal: The Proposal,in duplicate,and a single copy of the Bid Security together with the Power of Attorney shall be contained in a sealed envelope bearing the Bidder's name and utility contractor's license number clearly addressed to the Owner as indicated on the Proposal Form. In addition, in large letters on both the front and back of the envelope, the following shall appear: "PROPOSAL FOR CONSTRUCTION. DO NOT OPEN UNTIL (INSERT TIME) O'CLOCK, (INSERT DATE)" not later than the date and hour named therein. After that time, no proposals will be received or withdrawn. 7. FORM OF AGREEMENT: Form of Agreement will be on the enclosed Form in the Bid Documents. 8. AWARD: This project has an additive alternate associated with the bid. In evaluating all bids received, the City and its representatives will consider the base bid total and the combined total of base bid and alternates. The award will be that which is determined to be in the best interests of the City and which is within the limits of available funds. The Owner reserves the right to reject any or all bids and to waive technicalities and informalities. 2 The Owner reserves the right to select the alternates to be used in deteiuiiining the lowest bid. If such bid exceeds such amount,the Owner may reject all bids. The Owner will decide which is the lowest qualified bidder, and in determining such bidder, the following elements will be considered for each bidder: a. Maintains a permanent place of business. b. Has adequate plant equipment and personnel to perform the work properly and expeditiously. c. Has suitable financial status to meet obligations incident to the work. d. Has appropriate technical experience. 9. CONTRACTOR TO BE SATISFACTORY TO OWNER: The Contract will not be awarded to any bidder or bidders who have failed in any contractual obligations to the Owner,or who has on any previous contract performed in a manner unsatisfactory to the Owner, either as to the character of the work, the fulfillment of guarantees or the time consumed in its completion. The three low bidders shall,upon written request and prior to the letting of a contract,furnish the Owner with the following information relative to his own business and that of each of the subcontractors named in his Bid Proposal. (a) A statement of his experience,including a list of projects for which he or his firm was a responsible contractor or subcontractor; such lists shall indicate the name or identification and location of each project, the year it was completed, a brief description and the approximate dollar value of the work for which he was responsible. (b) A statement of experience of each subcontractor named in his Bid Proposal; each statement shall include a list of projects for which the named subcontractor was a responsible contractor or subcontractor; such lists shall include the name or identification and location of each project,the year is was completed, a brief description and the approximate dollar value of the work for which the named subcontractor was responsible. (c) The amount of capital and equipment the Bidder has available for the work of the project. (d) The amount of capital and equipment each of the named subcontractor, has available for the work of the project. (e) A statement showing the financial assets and liabilities of the Bidder,certified to by a Certified Public Accountant. (f) A statement from each of the named subcontractors showing his assets and liabilities, certified by a Certified Public Accountant. 3 10. LIQUIDATED DAMAGES: Liquidated damages as set forth in the Bid Proposal will be assessed for each consecutive calendar day of delay in the completion of the work not excusable as provided in the Special Conditions (Section 01002) and the Bid Proposal. 11. SURETY AND INSURANCE COMPANIES: The Contract provides that the surety and insurance companies must be acceptable to the Owner. To avoid inconvenience, any bidder or subcontractor should confer with the Owner to determine whether the surety or insurance companies expected to be used on the work are acceptable to the Owner. (See Section 00700, Article 5.) 4 CONTRACT FORM THIS AGREEMENT made the day of in the year Two Thousand Ten by and between hereinafter called the Contractor and the City of Tybee Island hereinafter called the Owner. WITNESSETH,that the Contractor and the Owner for the consideration hereinafter named agree as follows: ARTICLE 1. The Contractor agrees to provide all the materials,equipment and labor necessary for the complete construction of all the work shown on the Plans and described in the Specifications prepared by Hussey, Gay, Bell & DeYoung, Inc., for Butler Avenue Crosswalk Improvements and to do everything required by the Specifications and Plans. ARTICLE 2. The Contractor agrees that the work contemplated by the Contract shall be entirely completed on or before ARTICLE 3. The Owner agrees to pay the Contractor in current funds for the performance of this Contract the sum of Dollars ($ ) subject to additions and deductions as provided for in the Specifications and to make payments on account of the Contract as provided for in the Specifications, except as hereinafter stated: The Contractor and the Owner for themselves, their successors, executors, administrators and assigns hereby agree to the full performance of the covenants herein contained. 1 IN WITNESS WHEREOF they have hereunto set their hands and seals the day and year first above written. In the presence of: CONTRACTOR: Corporate Seal: Witness: By: Witness: Attest: OWNER: Seal: Witness: By: Witness: Attest: 2 PAYMENT BOND THIS BOND IS EXECUTED TOGETHER WITH ANOTHER BOND IN FAVOR OF THE OWNER AS OBLIGEE CONDITIONED UPON PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS: That (include address) as principal (hereinafter referred to as "Principal"), and as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto as Obligee(hereinafter referred to as"Owner"), for the use and benefit of claimants defined,hereinafter, in the amount of Dollars ($ ) to which payment principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a contract with Owner dated for the Butler Avenue Crosswalk Improvements,in accordance with Plans and Specifications prepared by Hussey, Gay, Bell & DeYoung, Inc., Consulting Engineers, Savannah,Georgia which contract is incorporated herein by reference and made a part hereof;and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and materials supplied in the prosecution of the work provided for in said Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. The said surety to this bond, for value received, hereby stipulates and agrees that no change or changes, extension or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work to be performed thereunder, or the specifications or plans accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or plans. 2. A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in said Contract. 1 3. Every person entitled to the protection hereunder and who has not been paid in full for labor or materials furnished in the prosecution of the work referred to in said bond before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him,or materials or equipment or machinery was furnished or supplied by him for which such claim is made, or when he has completed his subcontract for which claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof,unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgement for the sum or sums due him;provided,however,that any person having direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the contractor furnishing said payment bond shall have the right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the day on which such person did or performed the last of the labor,or furnished the last of the materials or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished or supplied or for whom the labor was performed or done;provided further that nothing contained herein shall limit the right of action to said 90 day period. Notice may be served by depositing a notice,registered mail, postage prepaid, duly addressed to the Contractor at any place he maintains an office or conducts his business, or his residence, in any post office or branch post office or any letter box under the control of the Post Office Department or,notice maybe served in any manner authorized by law to serve summons or process. Every suit instituted under this Section shall be brought in the name of the claimant without Owner being made a party thereto. The official who has the custody of said bond is authorized and directed to furnish, to any person making application therefore who submits an affidavit that he had supplied labor or materials for such Work and payment therefore has not been made, or that he is being sued on any such bond, a copy of such bond and the contract for which it was given, certified by the official who has custody of said bond;this copy shall be primary evidence of said bond and contract and shall be admitted in evidence without further proof Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof,but in no case shall the fee exceed the fees which the clerks of the superior courts are permitted to charge for similar copies. 4. No action can be instituted on this bond after one year from the date of the final certificate of the Engineer. 5. Further,this bond shall be considered the same as a bond furnished under Section 13-10 and 36-91 et. seq., of the Official Code of Georgia Annotated, as amended, and all provisions of law pertaining to bonds furnished under said Section shall pertain hereto. 2 Signed and sealed this day of A.D. 2010. IN THE PRESENCE OF: (SEAL) (Principal) (Title) (SEAL) (Surety) (Title) 3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS That (include Address) as Principal (hereinafter referred to as "Principal"), and (Legal Title and Address of Surety) as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto , as Oblige (hereinafter referred to as "Owner"), in the amount of Dollars ($ ), to which payment Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a contract with Owner dated for Butler Avenue Crosswalk Improvements in accordance with Drawings and Specifications prepared by Hussey, Gay, Bell & DeYoung, Inc., Consulting Engineers, Savannah, Georgia, which contract is incorporated herein by reference and 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 and faithfully perform and comply with the terms and conditions of said contract; and shall indemnify and save harmless the Owner against and from all costs, expenses, damages, injury or loss to which said Owner may be subjected by reason of any wrong doing, including patent infringement, misconduct, want of care or skill, default or failure of performance on the part of said Principal, his agents, subcontractors or employees, in the execution or performance of said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. The said Surety to this bond, for value received, hereby stipulates and agrees that no change or changes, extension or extensions of time. alteration or alterations or addition or additions to the terms of the contract or to the work to be performed hereunder, or the specifications or Drawings accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or Drawings. 1 2. If pursuant to the contract documents the Contractor shall be declared in default by the Owner under the aforesaid Contract, the Surety shall promptly remedy the default or defaults or shall promptly perform the Contract in accordance with its terms and conditions. It shall be the duty of the Surety to give an unequivocal notice in writing to the Owner within twenty-five (25) days after receipt of a declaration of default of the Surety's election either to remedy the default or defaults promptly or to perform the contract promptly, time being of the essence. In said notice of election, the Surety shall indicate the date on which the remedy or performance will commence, and it shall then be the duty of the Surety to give prompt notice in writing to the Owner immediately upon completion of(a) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of condemned work, (c) the furnishing of each omitted item of work, and (d) the performance of the contract. The Surety shall not assert solvency of its Principal as justification for its failure to give notice of election or for its failure to promptly remedy the default or defaults or perform the contract. 3. Supplementary to and in addition to the foregoing, whenever the Owner shall notify the Surety that the Owner has notice that the Contractor has failed to pay any subcontractor, materialman, or laborer for labor or materials certified by the Contractor as having been paid for by the Contractor, the Surety shall, within 30 days of receipt of such notice, cause to be paid any unpaid amount for such labor or materials. 4. It is expressly agreed by the Principal and the Surety that the Owner, if he desires to do so, is at liberty to make inquiries at any time of subcontractors, laborers, materialmen, or other parties concerning the status of payments for labor, materials, or services furnished in the prosecution of the work. 5. The Surety agrees that other than as is provided in this bond it may not demand of the Owner that the Owner shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render any service, (e) furnish any papers or documents, or (f) take any action of any nature or description which is not required of the Owner to be done under the contract documents. 6. 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 legal successors of the Owner. 2 Signed and sealed this day of A.D. 2010. IN THE PRESENCE OF: (SEAL) (Principal) (Title) (SEAL) (Surety) (Title) 3 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS Oi THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by `gyp 6ENEg4t O ACEC gigc- AMERICAN COUNCIL OF ENGINEERING COMPANIES M,*`l'MO'4+ZILECILMC ASCE American ine Society s National Society of Professional Engineers of Civil Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright© 2007 National Society of Professional Engineers 1420 King Street, Alexandria,VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington,DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 5 Article 2—Preliminary Matters 6 2.01 Delivery of Bonds and Evidence of Insurance 6 2.02 Copies of Documents 6 2.03 Commencement of Contract Times;Notice to Proceed 6 2.04 Starting the Work 7 2.05 Before Starting Construction 7 2.06 Preconstruction Conference; Designation of Authorized Representatives 7 2.07 Initial Acceptance of Schedules 7 Article 3 —Contract Documents: Intent,Amending,Reuse 8 3.01 Intent 8 3.02 Reference Standards 8 3.03 Reporting and Resolving Discrepancies 9 3.04 Amending and Supplementing Contract Documents 9 3.05 Reuse of Documents 10 3.06 Electronic Data 10 Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 11 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 Article 5 —Bonds and Insurance 16 5.01 Performance, Payment, and Other Bonds 16 5.02 Licensed Sureties and Insurers 16 5.03 Certificates of Insurance 17 5.04 Contractor's Insurance 17 5.05 Owner's Liability Insurance 19 5.06 Property Insurance 19 5.07 Waiver of Rights 20 5.08 Receipt and Application of Insurance Proceeds 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 5.09 Acceptance of Bonds and Insurance; Option to Replace 21 5.10 Partial Utilization,Acknowledgment of Property Insurer 22 Article 6-Contractor's Responsibilities 22 6.01 Supervision and Superintendence 22 6.02 Labor;Working Hours 22 6.03 Services,Materials, and Equipment 22 6.04 Progress Schedule 23 6.05 Substitutes and "Or-Equals" 23 6.06 Concerning Subcontractors, Suppliers, and Others 25 6.07 Patent Fees and Royalties 27 6.08 Permits 27 6.09 Laws and Regulations 28 6.10 Taxes 28 6.11 Use of Site and Other Areas 28 6.12 Record Documents 29 6.13 Safety and Protection 29 6.14 Safety Representative 30 6.15 Hazard Communication Programs 30 6.16 Emergencies 30 6.17 Shop Drawings and Samples 31 6.18 Continuing the Work 32 6.19 Contractor's General Warranty and Guarantee 33 6.20 Indemnification 33 6.21 Delegation of Professional Design Services 34 Article 7-Other Work at the Site 35 7.01 Related Work at Site 35 7.02 Coordination 35 7.03 Legal Relationships 36 Article 8-Owner's Responsibilities 36 8.01 Communications to Contractor 36 8.02 Replacement of Engineer - 36 8.03 Furnish Data 36 8.04 Pay When Due 36 8.05 Lands and Easements; Reports and Tests ......36 8.06 Insurance 36 8.07 Change Orders --....37 8.08 Inspections, Tests, and Approvals .•••..37 8.09 Limitations on Owner's Responsibilities . ....37 8.10 Undisclosed Hazardous Environmental Condition .37 8.11 Evidence of Financial Arrangements .37 8.12 Compliance with Safety Program .37 Article 9-Engineer's Status During Construction ....37 9.01 Owner's Representative -....37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.02 Visits to Site 37 9.03 Project Representative 38 9.04 Authorized Variations in Work 38 9.05 Rejecting Defective Work 38 9.06 Shop Drawings, Change Orders and Payments 39 9.07 Determinations for Unit Price Work 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 39 9.09 Limitations on Engineer's Authority and Responsibilities 39 9.10 Compliance with Safety Program 40 Article 10-Changes in the Work; Claims 40 10.01 Authorized Changes in the Work 40 10.02 Unauthorized Changes in the Work 41 10.03 Execution of Change Orders 41 10.04 Notification to Surety 41 10.05 Claims 41 Article 11 -Cost of the Work; Allowances;Unit Price Work 42 11.01 Cost of the Work 42 11.02 Allowances 45 11.03 Unit Price Work 45 Article 12-Change of Contract Price; Change of Contract Times 46 12.01 Change of Contract Price 46 12.02 Change of Contract Times 47 12.03 Delays 47 Article 13 -Tests and Inspections; Correction,Removal or Acceptance of Defective Work 48 13.01 Notice of Defects 48 13.02 Access to Work 48 13.03 Tests and Inspections 49 13.04 Uncovering Work 49 13.05 Owner May Stop the Work 50 13.06 Correction or Removal of Defective Work 50 13.07 Correction Period 50 13.08 Acceptance of Defective Work 51 13.09 Owner May Correct Defective Work 52 Article 14-Payments to Contractor and Completion 52 14.01 Schedule of Values 52 14.02 Progress Payments 52 14.03 Contractor's Warranty of Title 55 14.04 Substantial Completion 55 14.05 Partial Utilization 56 14.06 Final Inspection 57 14.07 Final Payment 57 14.08 Final Completion Delayed 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 14.09 Waiver of Claims 58 Article 15 —Suspension of Work and Termination 59 15.01 Owner May Suspend Work 59 15.02 Owner May Terminate for Cause 59 15.03 Owner May Terminate For Convenience 60 15.04 Contractor May Stop Work or Terminate 60 Article 16—Dispute Resolution 61 16.01 Methods and Procedures 61 Article 17—Miscellaneous 61 17.01 Giving Notice 61 17.02 Computation of Times 62 17.03 Cumulative Remedies 62 17.04 Survival of Obligations 62 17.05 Controlling Law 62 17.06 Headings 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1 —DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements,whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pagel of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes,is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location)ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services,materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times;Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference;Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby(except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work maybe authorized,by one or more of the following ways: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies).Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid)until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however,to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members,partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5—BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall,within 20 days after the event giving rise to such notification,provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them maybe liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled,materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof; and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source,kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal"Items: if in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05..1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales,maintenance,repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner)resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright CO 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents)of any such Subcontractor, Supplier,or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source,kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance(to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. 'Or-Equal"items: if in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that,if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales,maintenance,repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product, or device specified in the Contract Documents,but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids)having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source,kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance(to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal"items: if in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that,if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified,and b) available engineering, sales,maintenance,repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner)resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity(including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers,or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product, or device specified in the Contract Documents,but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids,or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim maybe made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein,whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part,by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work,or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D)become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor,when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation,the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or(ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy,if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless,within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation,right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 SECTION 01002 SPECIAL CONDITIONS 1. COMMENCEMENT AND COMPLETION OF WORK: The Contractor shall commence work under this contract within 10 calendar days after notice to proceed and shall diligently prosecute said work so as to complete the entire project and place it in use within 90 calendar days after notice to proceed. 2. SCOPE OF THE WORK: The work to be done hereunder includes the furnishing of all necessary machinery, equipment, tools, labor and other construction means, and all materials and equipment required to perform all work as set forth and called for by the Plans and Specifications and including the placing of the entire project into satisfactory operation. 3. LOCATION: The work under this Contract will be located on Tybee Island, Chatham County,Georgia as shown on the Plans. 4. EXTENSION OF TIME AND FAILURE TO COMPLETE ON TIME: Any and all extensions of time shall be in accordance with the General Conditions,except as otherwise hereinafter provided. Failure to complete the Project on or before the stipulated completion date will result in the assessment of liquidated damages; such damages shall include the cost of engineering, inspection and testing, together with any fines or penalties incurred by the Owner for non-compliance with water quality requirements or effluent limitations in the amount stated in the Proposal. 5. SANITARY REGULATIONS: The Contractor shall provide adequate sanitary conveniences for use of those employed on the work and their use shall be strictly enforced. Such conveniences shall be made available when the first employees arrive on the site and shall be removed after the departure of the last employees from the job. The facilities shall be maintained at such points and in such manner as approved, and the Engineer shall have the right to inspect such facilities to determine whether or not sanitary requirements have been complied with. 6. ENVIRONMENTAL IMPACT: The Contractor shall conduct all his operations so as to minimize, to the greatest extent possible, adverse environmental impact. 01002-1 a) Noise. All equipment and machinery shall be provided with exhaust mufflers maintained in good working order so as to reduce operating noise to minimum levels. In addition, operation of equipment and machinery shall be limited to daylight hours, except with the permission of the Engineer, based on critical need for the operation. b) Dust/Smoke. All equipment movements shall be accompanied by a minimum of dust. Traveled surfaces and earthwork shall be maintained in a moist condition to avoid the generation of dust or the airborne movement of particulate matter under all prevailing atmospheric conditions. Burning operations will be conducted only with written permission of the Owner and/or appropriate regulatory agency. The Contractor shall be responsible for obtaining all permits and complying with all codes, ordinances and regulations pertaining to the burning. c) Traffic. Trucks carrying spoil,fill,concrete or other material shall be routed over roads which will result in the least effect on traffic and nuisance to the public. All material shall be loaded in a manner which will preclude the loss of any portion of the load in transit, including covering, if necessary. d) Siltation. All points of concentrated runoff from rainfall shall be visually monitored to determine that no eroded material from the construction site is leaving the Owner's property. Measures shall be taken to promptly eliminate such a deposition if occurring, including the installation of detention basins. 7. STORAGE OF MATERIALS: The Contractor shall arrange his plant and store his materials as compactly as practicable at points convenient for the Contractor and which do not damage the work or interfere with the operation of the existing plant or with work of other contractors or with free access to all parts of the site and to utility installations. Materials shall be so stored as to facilitate inspection and to insure preservation of their quality and fitness for use. They shall be placed on wooden platforms or other clean surfaces and not on the ground and shall be placed under cover. 8. UTILITIES: Utilities such as sewer, water and electric lines encountered in the work shall be protected from injury and maintained in service until moved or replaced as required under this Contract or by others as the case may be, or abandoned lines as may be necessary for the proper construction and use of the new work. 9. ADJUSTMENT OF DISCREPANCIES: In all cases of discrepancies between the various dimensions and details shown on drawings, or between the drawings and these specifications, the more expensive construction shall be 01002-2 estimated before construction is started, the matter shall be submitted to the Engineer for clarification. Without such a decision, discrepancies shall be adjusted by the Contractor at his own risk and in settlement of any complications arising from such adjustment,the Contractor shall bear all of the extra expense involved. 10. TESTING: Testing shall be conducted as required in the various sections of these specifications, in accordance with the following: a) Field Tests. Field tests of mechanical and electrical equipment,piping systems,electrical systems, control systems, ventilation systems,heating systems,water mains,pressure mains, sewers, drains, and similar facilities shall be conducted where this type of test is specified. Field tests include determination of performance, capacity, efficiency, function, tightness, leakage or other special requirements. These tests shall be performed in accordance with applicable standards and test codes. Field tests shall be set up and accomplished by the Contractor who shall provide all tools,equipment,instruments,personnel and other facilities required for the satisfactory completion of each test. The cost of field tests shall be included in the unit price for the appropriate item in the Bid Schedule and no additional payment will be made for field testing. 11. REFERENCE STANDARDS: Reference to the standards of any technical society,organization,or association, or to codes of local or state authorities, shall mean the latest standard,code, specification, or tentative standard adopted and published at the date of taking bids, unless specifically stated otherwise. 12. PROJECT MANAGEMENT: The Contractor shall schedule and coordinate the work of the Contractor and all subcontractors and others involved to maintain the accepted progress schedule. His duties shall also include the planning of the work,the scheduling of ordering and delivery of materials,and checking and control of all work under this Contract. Construction schedules shall be submitted to the Engineer for review prior to the start of any work. Schedules shall be verified or updated as necessary on a monthly basis. The Contractor shall be responsible for complete supervision and control of his subcontractors as though they were his own forces. Notice to the Contractor shall be considered notice to all affected subcontractors. 01002-3 The Contractor shall appoint a qualified representative to act as the Project Coordinator,or Superintendent, who shall be responsible for coordinating all work and providing liaison with the Engineer and the Owner. The Project Coordinator or Superintendent shall, in addition, plan the work, schedule the ordering and delivery of materials, and check and control the various phases of the construction of all work under this Contract. The Project Coordinator or Superintendent shall,in all matters,represent the Contractor at the sites of the work in the absence of a Corporate Officer or Principal of the firm. The Project Coordinator or Superintendent shall not be changed unless the project Coordinator or Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. 13. SHOP/WORKING AND CONSTRUCTION DRAWING- SUBMITTALS: The Contractor shall submit to the Engineer a complete schedule of data on materials and equipment to be incorporated in the work. Submittals shall be supported by descriptive material, such as catalogs, cuts, diagrams, performance curves and charts published by the manufacturer,to show conformance to specification and drawings requirements; model numbers alone shall not be acceptable. Each individual submittal item for materials and equipment shall be marked to show Specification Section and paragraph number which pertains to the item. The purpose of shop drawing submittals is to demonstrate to the Engineer that the Contractor understands the design concept. The Engineer's review of such drawings,schedules,or cuts shall not relieve the Contractor from responsibility for deviation from drawings or Specifications unless he has, in writing, called the Engineer's attention to such deviation at the time of submission, and has received from the Engineer, in writing, permission for such deviations. Shop drawings shall be stamped by the Engineer with the following classifications: 1) No Exceptions Taken. No corrections, no marks. Contractor shall submit copies for distribution. 2) Make Corrections Noted. A few minor corrections. Items may be ordered as marked up without further resubmission. Submit corrected copies for distribution. 3) Amend and Resubmit. Minor corrections. Item may be ordered at the Contractor's option. Contractor shall resubmit drawings with corrections noted. 4) Rejected-Resubmit. Major corrections or not in accordance with the Contract Documents. No items shall be ordered. Contractor shall correct and resubmit drawings. 01002-4 Corrections to shop drawings shall not relieve the Contractor from the obligation to complete the project within the time allowed by the Contract Documents. The Contractor shall submit shop or working drawings of concrete reinforcement, structural details,piping layout,wiring,materials fabricated especially for this project,materials for which drawings are specifically requested, and equipment. The Contractor shall also submit structural shop drawing,computations and construction procedures for jacking pits,sheeted trenches and cofferdams to be used in construction. Such drawings shall show the principal dimensions, the weight, structural and operating features, space required,clearances,etc.,depending on the subjects of the drawing. When it is customary so to do, or when the dimensions are of particular importance,the drawings shall be certified by the manufacturer as correct for this project. No material shall be purchased or fabricated for equipment or other features until the Engineer has reviewed the shop or working drawings. All materials and work involved in the construction shall then be represented by said drawings. No work shall be done upon the foundations or any other part of a structure of which the design or construction is dependent upon the design of equipment or other features for which review is required until such review has been completed. Six (6) copies (unless otherwise specified)of all shop or working drawings shall be submitted to the Engineer through the Contractor. Only drawings which have been checked and corrected by the material fabricator shall be submitted. The Contractor shall be responsible for the prompt submission of all shop or working drawings so that there shall be no delay to the work due to the absence of such drawings. Additional prints or drawings shall be furnished as required. The review of shop and working drawings,etc.,will be general and shall not relieve the Contractor from the responsibility for details of design, dimensions, etc., necessary for proper fitting and construction of the work required by the contract. The Contractor shall furnish prints of all construction drawings in duplicate to the Engineer, who will retain one set and return the other, having marked thereon such changes as he may suggest. Examination, suggestions and review by the Engineer of drawings or other data submitted to him pursuant to the provisions of this paragraph shall relate only to the apparent fitness of the items thus explained as an aid in producing the general result which is the purposed of the contract. The Engineer's examination,suggestions and review will not be directed, and shall not be understood to relate to the strength, adequacy or sufficiency of such things, which are and will remain solely the responsibility of the Contractor. At the completion of all construction and subsequent modifications,the Contractor shall prepare and deliver to the Engineer six copies of all previously submitted preliminary and shop drawings, each modified to include all subsequent additions and revisions that were made during construction. These said six copies will be identified as AS-BUILT SHOP DRAWINGS. 01002-5 The Contractor shall furnish the Engineer, during the progress of the work, as many prints of all construction drawings as may be required for construction purposes. The Contractor shall not order any material until the submitted detail drawings have been reviewed. If the Contractor departs from this procedure for his own convenience, such departure shall be at his own risk and expense, if any. The Contractor shall also give the Engineer notice, stating the quantity of material ordered and the location of the mill and shop where the material will be rolled and fabricated. 14. DELAY AND EXTENSION OF TIME: If the Contractor is delayed at any time in the progress of the work by an act of neglect of the Owner or his employees or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any cause beyond the Contractor's control,or by any cause which the Engineer shall decide to justify the delay, then the time for completion shall be extended for such reasonable time as the Engineer may decide. Delays resulting from site conditions unforeseen by the Owner and Contractor, errors, or omissions in the Plans or Specifications, such omissions lines not shown or incorrectly shown, and which cause an interruption in the orderly progress of the work, while awaiting a decision for change in the work, relocation of the utility or other corrective action by persons other than the Contractor's forces shall be justification for an extension of the Contract time except where the total elapsed time resulting from such delay is less than four hours. Delays exceeding four hours in length shall result in an extension of a minimum of one day. Time extensions will not be granted,however, in cases where the Contractor is able, without undue hardship, to shift his work crew to other productive work on the same project, in the same general work area. Nothing herein shall relieve the Contractor from making reasonable and careful investigation of site conditions. Remobilization-In the event conditions arise as set forth above that necessitate a Contractor to move his work force away from the job site,he will after notice from the Engineer,have five days to remobilize his work force. Time charges will resume when the work force returns or at the end of five days, whichever is sooner. Notice of such delay shall be made in writing to the Engineer not more than thirty days after occurrence of such delay. Otherwise,no extension will be granted during the life of the Contract for such delay. 15. FLAGGING TRAFFIC: Competent, courteous, and neat flagmen shall be provided and available at all times when required. A sufficient number of flagmen shall be provided to stop traffic, advise the public of delays occasioned, and keep traffic in their respective lanes along the project. Red flags, not less 01002-6 than 24 inches by 24 inches and mounted on a staff at least 36 inches long may be substituted for paddles in emergency situations only. Flagmen will wear high visibility colored hat and vest while flagging. 16. BARRICADES, DANGER, WARNING & DETOUR SIGNS: The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Highways and streets closed to traffic shall be protected by effective barricades, and obstructions shall be lighted during hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. The Contractor shall furnish, install, and maintain all necessary barricades, warning signs, and other protective devices in accordance with the State requirements in which the project is located. Temporary signs may be reused, provided they are in good condition and legible. All protective devices shall be kept in a good, legible condition while in use. As soon as construction advances to the extent that temporary barricades, and signs are no longer needed to inform the traveling public, such signs shall be promptly removed. The cost of furnishing, erecting, maintaining, and removing protective devices will not be paid for as a separate Bid Item. Where the Contractor is required to perform any of these functions, the cost thereof shall be included in the overall Bid submitted. Ownership of the temporary warning devices shall remain with the Contractor provided the devices are removed promptly after com- pletion of the work as specified above. If such warning devices are left in place for more than 30 days after the specified time for removal,the Owner shall have the right to remove such devices and to claim possession thereof. Reflectorization for Construction Signing shall conform to the requirements of the State Department of Transportation Standard Specifications. 17. RETAINAGE TO BE HELD ON SUPPLIERS: The Contractor shall withhold a ten percent retainage on the invoice amounts of all major equipment items until the respective suppliers have satisfactorily started-up their equipment and it has been in satisfactory operation for a period of 90 days. All supplier/manufacturer field calibrations, operator orientation, and other necessary adjustments shall be completed and the equipment's operation deemed acceptable prior to the Contractor's release of the retainage. 18. DIFFERING SITE CONDITIONS: The Contractor shall promptly,and before such conditions are disturbed,notify the Engineer in writing of: 1)subsurface or latent physical conditions differing materially from those indicated in this Contract,or 2)unknown physical conditions at the site,of an unusual nature,differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. The Engineer shall promptly investigate the conditions,and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost 01002-7 of, or the time required for,performance of any part of the work under this Contract,whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Contract modi- fied in writing accordingly. 19. HIGH VOLTAGE ACT: The Contractor acknowledges the requirement of the High Voltage Act of the General Assembly of Georgia by execution of this Contract. 20. PAYMENTS TO CONTRACTOR: Progress estimates and payments shall be in accordance with of the General Conditions and the final estimate and payment shall be in accordance with the General Conditions, except as otherwise hereinafter provided. The requirements of the Prompt Payment Act shall be waived. Payment to the Contractor for progress estimates and the final estimate shall require approximately 60 calendar days after submission to the Owner. The Contractor shall make any arrangements necessary to accommodate this payment schedule. 21. RETAINAGE: Retainage shall be 10 percent of the gross value of the completed work as may be provided for in the contract; provided, however,that no additional amounts shall be retained on estimates or progress payments submitted after 50 percent of the work on the project has been completed if in the opinion of the Owner and/or his representative such work is satisfactory and has been completed on schedule. This will not affect the retained amounts on the first 50 percent of the work on the project which may continue to be held to ensure satisfactory completion of the project. If, after discontinuing the retainage, the Owner and/or representative determine that the work is unsatisfactory or has fallen behind schedule, retainage may be resumed at the previous level. Retainage shall be invested at the current market rate and any interest earned on the retained amount by the Owner shall be paid to the contractor when the project has been competed within the time limits specified and for the price specified in the contact, or in any amendments or change orders approved in accord with the terms of the contract. Final payment of the retained amounts to the contractor under the contract to which the retained amounts relate shall be made after certification by the Engineer in charge of the project covered by the contract. Payment to the contractor of interest earned on the retained amounts shall be made after certification by the Engineer in charge of the project covered by the contract that the work has been completed within the time specified and within the price specified in the contract. At substantial completion of the work and as the Owner's authorized representative determines the work to be reasonably satisfactory,the Owner shall within 30 days after invoice and other appropriate documentation, as may be required by the contract documents,are provided pay the retainage to the contractor. If at that time there are any remaining incomplete minor items, an 01002-8 amount equal to 200 percent of the value of each item as determined by the Owner's representative shall be withheld until such item or items are completed. 22. PERMITS: The Owner has obtained the required Georgia Department of Transportation permit,which is hereby incorporated into this contract. The contractor shall comply with all terms, conditions and requirements of the permit. 23. INSURANCE: Add the following new paragraph to the General Conditions immediately after paragraph 5.04B: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation, and related coverages under paragraphs 5.04.A. 1 and A.2 of the General Conditions. a. State: Statutory b. Applicable Federal (e.g., Longshoreman's): Statutory c. Employer's Liability Statutory 2. Contractor's General Liability under paragraphs 5.04.A.3 through A.6 of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of the Contractor: a. General Aggregate $1,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $1,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. 01002-9 f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 3. Automobile Liability under paragraph 5.04A.6 of the General Conditions: a. Bodily Injury: Each person $1,000,000 Each accident $1,000,000 b. Property Damage: Each Accident $1,000,000 c. Combined Single Limit of $1,000,000 4. The Contractual Liability coverage required by paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Accident $1,000,000 Annual Aggregate $1,000,000 7b. Property Damage: Each Accident Included above Annual Aggregate Included above 01002-10 SECTION 01150 MEASUREMENT AND PAYMENT 1. SCOPE: Under this heading shall be included the methods of measurement and payment for items of work under this Contract. 2. ESTIMATED QUANTITIES: All estimated quantities for unit price items,stipulated in the Bid Proposal,or other Contract Documents, are approximate and are to be used as a basis for estimating the probable cost of the work and for comparing the bids submitted for the Project. The actual amounts of work done and materials furnished under price items may differ from the estimated quantities. The basis of payment for work and materials will be the actual amount of work done and material furnished. The Contractor agrees to make no claim for damages, anticipated profits or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the estimated amounts included in the Bid Proposal. The Contractor will not be paid for any work which exceeds 25 percent of the quantity set forth in the Bid Schedule without a change order issued before the work is performed unless specifically ordered in writing by the Engineer. The Contractor will provide assistance to the Engineer to check quantities and elevations when so requested. 3. REMOVE EXISTING TRAFFIC SIGNING: Payment shall be at the lump sum in the bid proposal and shall include all labor, equipment and material required to remove conflicting signs as directed by the Engineer and to dispose of them off site. 4. STAMPED CONCRETE CROSSWALK: Measurement will be on the basis of the number of square yards installed in the field. Payment shall be at the unit price in the bid proposal and shall include all labor, material and equipment required to remove the existing asphalt pavement, dispose of it off site, and install the new stamped concrete as shown on the drawings. 5. 8" THERMOPLASTIC TRAFFIC STRIPE, WHITE: Measurement will be on the basis of the number of linear feet of stripe installed in the field. Payment shall be at the unit price in the bid proposal and shall include all labor, equipment and material required to eradiate any existing pavement markings and to place the new striping. 6. R-560-5 SIGN: Payment shall be at the unit price in the bid proposal and shall include furnishing all material, labor and equipment required to install the signs in accord with GDOT requirements. 01150-1 Payment shall be at the lump sum price in the bid proposal and shall include furnishing all labor, equipment,material,barricades,sing and other measures required to control and maintain the movement of traffic through the work area. 8. 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Pi 7: 11 -1- r" il 70-'73111 Ill II:1 ri it_ii Li i Lill [2r--- 1 7 -1 1 ,E- 1 - i i 0 -0 P _ ) ' ril II i I ' E 1 1 - 0 1 i - 17L ' , - A .- • - I i Hi ! ri[-I i Eic 1 01,722, IL-2._.±.„_ii 0 -J III El :1--,--ft2---11 1 ---_-; 1 n '..1!HI fl , ,i--.-; ..i DATE: JANUARY, 2010 11 I • 1._,I I I I '-- I" • • . , , , . -. 0.,IIIII 1 1-`t---I I n 113-1 Li Ii 14 L-ri L-.1 ci -) 1 __i 1 1.___I 1_.. 1 u i i i p 1 1---i 1 El ' Li — 1 cg --- 0 C ) ,i, L. :,,, ---, , ____ ._, , tt, _ — ,,, r 1 FA ri --- 1 ',-1-, r.--t [-0 ci L --- 0 [,..___. --1, I u 0 n \ - --1 1 n 1 f--- in ----1 0 _ 1 JOB NO, CM :4:: L; t._,,:j 1 1 , Li 1.___-_:- 1-1 i 11 1 r 1 I Ci D ,,.,. ,.: --1 L _LE j,_, 1 II I ii, E, .,... ::„ 1 - , _ 1 ......,__ .0 111-1 I n 1 i - i r------------1- _,-.-----------,, II L._I 11, 1 t -,----. II i — I 1 , , ,___, L_J a -'' p Li, \--' i I ILL i---1 1 i , : 1 _1E1 1 .__.)- - - .5 r--H ,---- f--- n __.:t_____I . L.J.._ — ().REPLACE-EXISTIN,, ..` -.HITE STRIPES PROPOSED: 'STAMPED -, - -.,- : ,,-,- . ',F,2 :•:-: 11 _,- „ ______L„-_,-, __,,-_, ,„, ,-----,, -7----------- --, L- '------- ,, - ---------------- ,,, I i L -I L-1 '-' — PROPOSED STAMPED ,,- - . ., 0 TWO SOLAR PEDESTRIAN CROSSING .- ---:.• • , SCALE: 1" = 300' fi.: ----.... .__. __-- . . -„- -„ „ . AT CRO - '.- ,:!':', ':::.'-WITH :V'TIJERMOP •''-'-' --- '-'' CONCRETE CROSSWALK , ,,,_ , ,,,, CONCRETE CROSSWALK .-• . .. ,--. . .,, „ . , ',.„--, _ .„ --_,----_ - __, ------_,,,,, ,__,,„________f, _7_7 ____„____.,2,:,,,_ ._,,,,.,,,, _ _______ _. _ _--- ------_____ ____ -' --- ----------- - BLINKER SIGNS AT EXISTING CROSSWALK. : STRIPES: C WITH, TWO,:. ::.S. ,ESTRIAN '-------... WITH: TWO SOLAR PEDESTRIAN <, r <, .: . . . , . . , i,..7 : _ - • ,..- ----.,_ - ' _ iliaidi--1-"_<<<tuH' '::7•..14, ::::•L::::::,: : ''V''::','''::.: • _ R-560-5--SW,-';`1------- REPLACE EXISTING -5" WHITE STRIPES"AT k'' ‘'-°". - •',, , ,,,,,. --_,.._ --..- -------___ - CROSSING BLINKER SIGNS - citoSsING--','•BUNKER:SIGNS. '-,::.,. ---------__„ ii ;'f':- ------- TACFFIOCATION:------ ---- WHITE STRIPES \ :, ,:,ii.i.:--.i . ig :,,:1: ::',,, ::,, ------_________________ _ ..e. z.::.: _____ r. :::, ------______ - -------- - ----------____ _____________ __________ ..,. , , --______. ______________ _____________________ ''' '''"-1:' - : 's-2-1 'gal - ill' ''''-'" , . i ,: „...' ' ,, t.,1:-Bui,,: -.'.,,, ..".:".„ : , ,., : :::-.:::: :,,:a-,>: ':;:: : _:,: -. • ni NOTES: ,--z -,:2-1 ,.' - -- . ,- .- ,,,.. 1 . TI-E CONTRACTOR S-ALL COMPLETE THE WORK AS DEFINED AND 5. CROSSWALK AND STRIPING WILL EXTEND THE FULL WIDTH OF .. „).- - 0 LOCATED ON THE DRAWING ABOVE IN ACCORD WITH THE DETAILS BUTLER AVENUE. --- -- - -- Ce- nif. AND NOTES ON SHEET 3. 6. EXISTING STRIPING WILL BE REMOVED OR ERADICATED AT .< - ' .: :.-,-: ._:- „ up 11■No , . t 2. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL MEASURES OF POINTS WHERE THE NEW 8" STRIPES WILL BE PLACED. :: . , _ , _ .„,.., , . n .. TRAFFIC CONTROL REQUIRED TO COMPLETE THE PROJECT. AT . ,:-;,-- )1- W,;-,. ';ilk:Hili:1: . :;''. .:.*: -:::P.,,,t-si LEAST ONE LANE OF TRAFFIC IN EACH DIRECTION SHALL BE 7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL iil,, , -.J. n_„, ,r,g,,,:: 3 a)... KEPT OPEN UNLESS OTHERWISE AUTHORIZED BY THE CITY .OF EXISTING UTILITIES IN THE WORK ZONE AND FOR AVOIDING , . :„- iiiii- At, 14#1:: -i: TYBEE ISLAND. THE CONTRACTOR SHALL SUBMIT. A TRAFFIC CONFLICTS WITH SOME. ANY DAMAGE TO EXISTING UTILITIES :'ri-f-' 45; •::'.- CONTROL PLAN FOR REVIEW AND APPROVAL BY THE ENGINEER SHALL BE REPAIRED AT THE EXPENSE OF THE CONTRACTOR. . PRIOR TO BEGINNING WORK ON THE PROJECT. • I ttt, 8. ALL WORK WILL BE DONE IN ACCORD WITH THE CURRENT : :--a'',1. ---::: — . .,_. . il '1:11' 3, -I-HE INSTALLATION OF SOLAR POWERED PEDESTRIAN CROSSING ADDITION OF THE GEORGIA DEPARTMENT OF TRANSPORTATION : i-:.:1:,i,.- :. . :_. „ - V ' c.'-;,-- .A4.:' ., .,,..,.. ' 1(j SIGNS IS INCLUDED IN THE PROJECT AS AN ADDITIVE SPECIFICATIONS AND OTHER SPECIFICATIONS/ INSTRUCTIONS -_- .;,.r .6s - ' . !,:::!': • _:::. ALTERNATE, IF THE CITY OF TYBEE ISLAND DOES NOT ELECT TO • ' ' I ',• REFERENCED ON SHEET 3. Q. a Li PROCEED WITH THE SIGNS, THERE WILL BE NO SIGN , , ,,:,., „ - --,,-,.:. • „ 1 , .,.. ,..:r-., ,.,.. :,„, .. „ .1 ,,:'',..,- :.::..DRAW ING:::NU:017. '..::,::•‘-;:•:::".:-:' . , c -:,.... INSTALLATION AT THE POINTS SHOWN. HOWEVER, CROSSWALKS : ,: (---i--!:7-•'. AND STRIPING WORK WILL PROCEED AS SHOWN. , ' i THE WORK ON THIS PROJECT IS LOCATED WITHIN ', I - - - . : .: i f / ,, - :., „ ',./Id'-:--4:i: ' ',11 :::::";-::' _ . --/ P. '• '•--',. RIGHT-OF-WAY CONTROLLED BY, AND UNDER PERMIT FROM, THE ....... A 1 fr' (.. .,•-i GEORGIA DEPARTMENT OF TRANSPORTATION. THE CONTRACTOR 4RAPHIC S'CALE / !'! - ! - !! !: :"2! ! ''!!!!" - ! !-. "!:!?.!;'-'!,' '1 1 .! •:-- P'-''1-! LI ;:i• i-II SHALL ADHERE TO ALL CONDITIONS IN . THE PERMIT AND SHALL . ,-:1?-- --I-- ,'-------r-, (- ----------i,*1- 1:1-'::--,- --:,---,::-.-:.:.„ COOPERATE WITH ANY CLOT REPRESENTATr\PE ATTENDING THE WORK SITE. 6 - 150- '3,60- 450 H StV ' 150 ' : 1500 - : , '•=-:- - - — •-•.‘:-: - : ... ,„ 1..--• .,. OF 03 1. 21W-SaiW.4:#=- iMPSS.MIta;:,.;7:Zatt:SWV54:iiMM::::.:::,`ZUW,:WZ, .-'1';',, ,-.: ;:ga:2;:,:':1,;•-,I:.:':.,. :::.':-,::::-:::',--,-.-':::-. :,7-niZjI ::..::J1:::'-. .A;,:ir'iZ: gf.05g,Z.,: ' 4Z1Vi'..':WW5a.W.RZ,5-tWaliAft:VM-Mtlrai,i'..e-::: :!:':nW::?V;:,'TIRitigriieif:f*4EZ.;:fa . rSC7.71-VM11iI1M1.M1?15WZIff=rgVsri-tiM-,!rsq= r:''7;q--,sr,5:V7' ::-.:',;T „:.-:,,,:a: . " • -, • - , . _ ... — . , „ , . . . . . _. , .. ... ... _ _ _ _ ... ... _. _ ,_ �° . rte- k x A N OS2 c0 °t 2 2 \ ::). - '-.-'n--- : Q �\ Z D� • 'L ' G l3_ >- - , _ .. - ,. - - - -?' ., z .. (-- 1i s ill'il Z v . t . . 0 W' . t� _ f4 F Ch JJu R -uz O. 2 r - W. y W o r ,f. . Z cs1 8 0 E ` Z IMPRESSIONS TO BE FORMED BY 31 Cr'_ CONCRETE SURFACE STAMPING, _ ®I ° z MINIMUM DEPTH 0.5 INCH EXl G HANDICAPPED W — EXISTING SIDEWALK - ESS RAMP 6 ASPHALT PAVING (TYPICAL, EACH SIDE) — �O o n : — t SECTION VIEW CONTINUOUS EXPANSION JOINT (TYPICAL, EACH SIDE) , — CONSTRUCTION NOTES/ SEQUENCE U •4. SAWCUT AND REMOVE EXISTING EXISTING CURB AND GUTTER _ / PAVEMENT PRIOR TO CONCRETE INSTALLATION I QLOCATION OF NEW BLANKING PEDESTRIAN SIGN ON :48 o= POST. LOCATE POST APPROXIMATELY i' FROM BACK 1 , ALL CONSTRUCTION SHALL BE _COMPLETED IN STAGED .MANNER � 7,./-,,,iii::::- OF CURB. POST SHALL BE 10' PEDESTRIAN POST IN ORDER TO MAINTAIN AT LEAST ONE LANE OF TRAFFIC: IN Ui':0 SERVICE IN EACH DIRECTION AT ALL TIMES, THIS. INCLUDES 7. 8" SOLID WHITE THERMOPLASTIC MANUFACTURED BY PELCO (SEE www:pelaoinc:com) :'., ' TRAFFIC STRIPE (TO BE APPLIED " OR EQUALLY COOT APPROVED PRODUCT, INSTALLED PAVEMENT REMOVAL,,'PLACEMENT AND STAMPING OF CONCRETE, u.--.• %.s:< BY STRIPING SUB—CONTRACTOR) r.,r,. PER MANUFACTURERS INSTRUCTIONS AND GDOT AND STRIPING._ LANE CLOSURES SHALL COMPLY WITH ALL GDOT �..``;_;=; STANDARDS. SIGN SHALL BE MODEL W11-2 SOLAR AND CITY OF TYBEE REQUIREMENTS, �` �' ASPHALT PAVEMENT PEDESTRIAN CROSSING BLINKER SIGN AS d' " ''" :1-'7'12:`,1;,'"--.T:,,./ MANUFACTURED BY TAPCO (SEE .www.topconet,com) ,` y° AS SUPPLIED BY TAPCO IN ACCORDANCE WITH 2. PAVEMENT TO BE REMOVED SHALL BE SAW CUT TO THE FULL �- y z..:,,-/', MANUFACTURER'S INSTRUCTIONS. SIGN WILL BE DEPTH OF PAVEMENT PRIOR TO REMOVAL, COSTS ASSOCIATED I ASPHALT PAVEMENT— ' '`_'` ' �' ' EXISTING PAVEMENT -,,...,,--;...7`i,.. CONNECTED TO POST WITH BRACKET ASSEMBLY WITH THIS SHALL BE INCLUDED IN THE PRICE BID FOR NEW -,f`. r J' , c PROVIDED BY TAPCO. SIGN INSTALLATION WILL BE CROSSWALK, EXPANSION JOINT CONTINUOUS AT S,R. 26/ U.S. 80 1 ,f=, 6.0 INCLUDED ONLY IF BID ALTERNATE IS ACCEPTED BY CONCRETE/ ASPHALT INTERFACE TYBEE ISLAND. I 3. ALL EXISTING PAVEMENT AND BASE WITHIN THE CROSSWALK ' r:,,' ` CONCRETE SURFACE TO BE STAMPED „ C! ' WITH HARRINGBONE BRICK PATTERN :=``f;T AREA SHALL BE REMOVED, IF DEPTH IS GREATER THAN 6" ter; 'r,,'. NEW STAMPED CONCRETE CROSSWALK CONCRETE THICKNESS, :FILL VOID WITH SUITABLE EARTH FILL ; ' '` WITH $" WHITE STRIPE ON EACHSIOE, ` ': COMPACTED TO 10.0% STANDARD PROCTOR DENSITY, COSTS ''`= SAWCUT CONTROL JOINT ,• CENTER CONCRETE CROSSWALK ON s SOLID WHITE THERMOPLASTIC ASSOCIATED WITH THESE EFFORTS SHALL BE INCLUDED IN THE . a 6` C--C --_' :.•' EXISTING RAMPS, SEE STAMPED TRAFFIC STRIPE (TO BE APPLIED F.'. `; 1,21' CONCRETE CROSSWALK DETAIL AND PRICE BID FOR NEW CROSSWALK. "� .; BY STRIPING SUB—CONTRACTOR) CONCRETE CROSSWALK .. -,' �` CONSTRUCTION NOTES/ SEQUENCE. , WITH STAMPED SURFACE -1 • SEE STAMPED CONCRETE CROSSWALK 4. TRAFFIC SHALL NOT BE ALLOWED ON CONCRETE CROSSWALKC PLAN VIEW -- • DETAIL FOR SECTION VIEW OF �, , :. UNTIL IT HAS ADEQUATELY CURED TO SUPPORT LOADS. 2. : 2 NOTES: CROSSWALK. 1, CLASS A CONCRETE SHALL BE USED IN CONSTRUCTING THE COLORED EXISTING CURB AND GUTTER 5. SEE STAMPED CONCRETE CROSSWALK DETAIL FOR PATTERNS, CROSSWALK, DEPTH OF CONCRETE SHALL BE 6 INCHES, t STRENGTHS, AND OTHER INFORMATION ON CROSSWALK. .� 2. BRICK PATTERN SURFACE STAMP SHALL BE APPLIED AFTER CONCRETE b HAS SET BUT WHEN IT IS STILL PLASTIC ENOUGH TO RECEIVE AND _ "�� — __ f . _ 6. COMPLETE STRIPING AFTER ENTIRE CROSSWALK IN PLACE. RETAIN STAMP IMPRINT. EXISTING SIDEWALK EXISTING HANDICAPPED • >. ACCESS RAMP 7. INSTALL BLINKING SIGNS AND MAKE OPERATIONAL, IF .-• £= 3, COLOR OF CONCRETE SHALL BE "BRICK RED" OR SUPPLIER'S CLOSEST — — ALTERNATE FOR SIGN INSTALLATION IS ACCEPTED BY (YBEE l COMPARABLE COLOR, SAMPLE SHALL BE SUBMITTED AND APPROVED BY 0. : ENGINEER PRIOR TO ORDERING INITIAL BATCH. COLOR TO. BE FULLY I ISLAND, '� INCORPORATED INTO CONCRETE. SURFACE OF CONCRETE SHALL HAVE CONCRETE CROSSWALK �' GLAZED FINISH. o: •.' 4, CROSSWALK SHALL BE SLOPED TO MATCH ROADWAY CROWN SECTION INSTALLATION DETAIL ® GENERAL �: AND LONGITUDINAL SLOPE. �. � N.T.S. L`L , STAMPED CONCRETE CROSSWALK DESIGNED' DRAWN CHECKED' N.T.S. BRN RSP BRN' E p3 DAZE: JANUARY, 2010 0 <; JOB.N0. 0 ct ri t< _ tV ; SCALE: N.T.S.q. .• <;' C , ( ' to -' C '0 Illm ' i z., -- : O 4 01111 - 210 - ® U. 3 I_ 0 9 �.... i'f_� a °° , co 0 0 //y ,/ -_ ' I l‘! ::, ,, _ ::::,,,,,.. DRAWING NUMBER d ` ,. as � ' OF 3 ® 0 .,/,'",..,;. ., .. . .- .. ' .. �.,.,. � ....t� .. . .. .- n .-g r. ...o. ... ....- _..s.:','. S'tt,. ''.z.-.r.. + 'Y�.._,.--? v s r ..1 te� ,.._ _.v ,...-...t . r+,. a.._,:._.._..,x- -_ ._"=':, VV f r1 r..ii� . ,- ." . n r� m r.. ' s n - -. �.h. _. : w *n ..c s ' "S v_ r•