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HomeMy WebLinkAbout2008-11-05-Meeting Agenda Commission Meeting Agenda Commission Chamber 11/5/2008 2:00 PM INVOCATION: Reverend David Hunter, Pastor, Lutheran Church of the Resurrection PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Mr. James R. Riles RE: Naming the new Judicial Center in honor of Judge John H. Ruffin, Jr. Attachments CONSENT AGENDA (Items 1-39) PUBLIC SERVICES 1. Motion to approve a contract for Airfield Signage Rehabilitation Project between Walker & Whiteside, Inc. and Augusta Regional Airport. (Approved by Public Services Committee October 27, 2008) Attachments 2. Motion to approve a New Application: A. N. 08 - 45: request by Charles E. Sconyers for an on premise consumption Liquor, Beer & Wine license to be used in connection with Half Moon Saloon located at 2510 G. Peach Orchard Rd. There will be Dance. District 2. Super District 9. (Approved by Public Services Committee October 27, 2008) Attachments 3. Motion to approve New Ownership Application: A. N. 08 - 49: request by Shawn P. Laws for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Original Tavern located at 3664 Wheeler Rd. District 3. Super District 10. (Approved by Public Services Committee October 27, 2008) Attachments 4. Motion to approve a request by Kevin Goldsmith for a Sunday Sales license to be used in connection with Takosushi Restaurant located at 437 Highland Ave. There Attachments will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee October 27, 2008) 5. Motion to approve a 90-day probation period of the Alcohol Beverage License of the SoundTrack Supper Club held by Frank Benjamin located at 127 Laney Walker Blvd. due to an abundance of incidents, reports and calls to this location. District 1. Super District 9. (Approved by Public Services Committee October 27, 2008) Attachments 6. Motion to approve a 90-day probation period of the Occupational Tax Certificate of Club Platinum located at 1505 North Leg Rd. becasue of a shooting incident in the parking lot on August 15, 2008 as well as other incidents. District 3. Super District 10. (Approved by Public Services Committee October 27, 2008) Attachments 7. Motion to approve the renewal of a six month lease with Georgia Golf Hall of Fame (GGHF) for operation of the Botanical Gardens. (Approved by Public Services Committee October 27, 2008) Attachments ADMINISTRATIVE SERVICES 8. Motion to approve Final Version of Year 2009 Annual Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnership and Housing for Persons with AIDS (HOPWA) funds and the Neighborhood Strategy Plan for Laney Walker and Bethlehem Neighborhoods with the language being changed to reflect that the funding expended for the acquisition/relocation initiative in the Laney- Walker/Bethlehem area be reimbursed from the funds from the transportation and tourism fees to be collected from the TEE Center funds approved by the Commission. (Approved by Administrative Services Committee October 27, 2008) Attachments 9. Motion to approve a Resolution Authorizing Submission of the Year 2009 Annual Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnerships and Housing Opportunities for Persons with AIDS (HOPWA) Funds to HUD. (Approved by Administrative Services Committee October 27, 2008) Attachments 10. Motion to approve authorizing the Mayor to provide a letter expressing the city's support for the organization Ounce of Prevention Services (OOPS!) an at risk program/business to assist youth delinquents and non-delinquents in the Augusta area. (Approved by Administrative Services Committee October 27, 2008) Attachments 11. Motion to approve a Resolution authorizing submission of Neighborhood Attachments Stabilization Program Grant Application to HUD & Amend 2008 Annual Action Plan. (Approved by Administrative Services Committee October 27, 2008) 12. Motion to approve a Resolution of support for CSRA Wounded Warrior Care Project, Inc. and Augusta's unique qualifications to care for America's heroes. (Approved by Administrative Services Committee October 27, 2008) Attachments FINANCE 13. Motion to approve abatement of 2007 County Ad Valorem Taxes on properties acquired by Augusta-Richmond County. (Approved by Finance Committee October 27, 2008) Attachments 14. Motion to approve a request from the Augusta Mini Theatre, Inc. for a wavier of 2008 property taxes for its new arts school located at 2548 Deans Bridge Road. (Approved by Finance Committee October 27, 2008) Attachments 15. Motion to approve a request from Ms. Betty J. Townes for a refund of taxes in the amount of $2,601.93 on her property located at 3511 Woodlake Road. (Approved by Finance Committee October 27, 2008 Attachments 16. Motion to approve a request for the abatement of 2008 property taxes for the Garden City Rescue Mission on property located at 828 Fenwick Street. (Approved by Finance Committee October 27, 2008) Attachments 17. Motion to approve allowing International Paper Company to take half of the 1% discount on their 2008 property tax bill. (Approved by Finance Committee October 27, 2008) Attachments 18. Motion to approve transfer of City surplus property located at 2214 Windsor Spring Road to Land Bank Authority who has a potential buyer. (Approved by Finance Committee October 27, 2008) Attachments ENGINEERING SERVICES 19. Motion to approve CPB # 323-041110-296823215 Change NumberFivein the amount of $2,000,000.00 for the Alexander Drive Project to be funded from SPLOST Fund Balance Account for the Engineering Department. (Approved by Engineering Services Committee October 27, 2008) Attachments 20. Motion to approve bid award Bid Item 08-097A – Draw Tape Refuse and Recycling Bags – to the lowest qualified bidder. (Approved by Engineering Services Committee October 27, 2008) Attachments 21. Motion to approve bid award construction of Deans Bridge Road MSW Landfill Maintenance Facility (bid item 08-157) to the lowest qualified bidder. (Approved by Engineering Services Committee October 27, 2008) Attachments 22. Motion to award the purchase of Skid-Mounted Hydroseeder for the Solid Waste Department to the Lowest Qualified Bidder (Bid Number 08-083). (Approved by Engineering Services Committee October 27, 2008) Attachments 23. Motion to approve the Deeds of Dedication, Road Resolutions and License Agreement submitted by the Engineering, and Augusta Utilities Departments for Belfair Lakes, Section I. (Approved by Engineering Services Committee October 27, 2008) Attachments 24. Motion to authorize condemnation to acquire title of a portion of property, designated as Tax Map 51, Parcel 231 of the Belair Hills Subdivision Improvement Project, for a permanent and temporary easement.(Approved by Engineering Services Committee October 27, 2008) Attachments 25. Motion to approve an ordinance to amend Title Seven, Article 2 of the Augusta- Richmond County Code titled “Construction and Maintenance” so as to add a provision for speed humps, to provide the guidelines for the construction, installation, and maintenance of speed humps for public and residential streets, to repeal all ordinances in conflict herewith; to provide an effective date and for other purposes as requested by the Traffic Engineering Department. (Approved by Engineering Servcies Committee October 27, 2008) Attachments 26. Motion to approve award of design contract to Johnson, Laschober & Associates, P.C. in the amount of $ 131,250.00 for the fee associated with designing the Fort Gordon - 1.0 Million Gallon Elevated Storage Tank Project. (Approved by Engineering Services Committee October 27, 2008) Attachments 27. Motion to approve design contract to Cranston Engineering Group, P.C. in the amount of $317,720.00 for the Fort Gordon - Raw Water Distribution System Project. (Approved by Engineering Servcies Committee October 27, 2008) Attachments 28. Motion to approve design contract to Stevenson & Palmer Engineering, Inc. in the amount of $348,733.00 for the Fort Gordon Eisenhower Hospital Area Gravity Sewer System./ (Approved by Engineering Services Committee October 27, 2008) Attachments 29. Motion to approve design contract to WK Dickson (WKD), Inc. in the amount of $52,850.00 for the Water Meters and Backflow Devices Replacements for Fort Gordon. (Approved by Engineering Services Committee October 28, 2008) Attachments 30. Motion to approve design contract to Khafra Engineering Consultants, Inc. in the amount of $147,753.00 for the Water Main Replacements for Fort Gordon Recreation Area at Thurmond Lake Project. (Approved by Engineering Services Committee October 27, 2008) Attachments 31. Motion to approve award of a design contract in the amount of $397,632.00 to ZEL Engineers for a wastewater connection (Force Main & Lift Station system) at Fort Gordon. (Approved by Engineering Services Committee October 27, 2008) Attachments 32. Motion to approve Change Number One in the amount of $348,950.00 with funding of $348,950.00 From SPLOST Phase III Recapture for project construction. Also approve award of construction contract to Mabus Brothers Construction Co., Inc. The amount of $348,950.00 for the Lover’s Lane Evacuation Route project CPB #323- 041110-207823001, subject to receipt of signed contracts and proper bonds as requested by the Engineering Department. (Approved by Engineering Services Committee October 27, 2008) Attachments 33. Motion to authorize condemnation to acquire title of a portion of property, designated as Tax Map 144, Parcel 001 located at 3486 Peach Orchard Road for a permanent and temporary easement for the Butler Creek Upgrade East Project. (Approved by Engineering Services Committee October 27, 2008) Attachments 34. Motion to approve proposal from Heery International, Inc. for Programming Verification and Space Planning Services for the renovations to the Augusta- Richmond County Municipal Building. (Approved by Engineering Services Committee October 27, 2008) Attachments 35. Motion to approve Capital Project Budget Change Number Five (CPB 323-04- 299823999) for the Augusta County Regional Flood Control Feasibility Study in the amount of $200,000 to be funded from SPLOST Phase III Recapture as requested by Attachments the Engineering Department. (Approved by Engineering Services Committee October 27, 2008) 36. Motion to approve an Option for Right-of-Way between Gary E. Ergle and Janet W. Ergle, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of 0.037 acre (1,632.09 square feet) in fee and 0.046 acre (2,021.48 square feet) of permanent construction & maintenance easement and one temporary driveway easement for the property located at 2001 Glennfield Lane, for a purchase price of $47,500.00. (Approved by Engineering Services Committee October 27, 2008) Attachments 37. Motion to approve the deed of dedication, maintenance agreement and road resolutions submitted by the Engineering Department for the Orchard Subdivision, Section I. (Approved by Engineering Services Committee October 27, 2008) Attachments 38. Motion to approve rescinding the extension of the exising vehicle mainteance contract on a month-to-month basis and requesting the preparation and issuance of an RFP and recommending the approval of a one year extension of the existing maintenance contract with an amendment to allow the Solid Waste Departmet to provide for internal maintenance with parts provided by the contractor and that the RFP be sent out during 2009 for a new contract. (Approved by Engineering Services Committee October 27, 2008) Attachments PETITIONS AND COMMUNICATIONS 39. Motion to approve the minutes of the regular meeting of the Commission held on October 21, 2008. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 11/5/2008 AUGUSTA COMMISSION REGULAR AGENDA 11/5/2008 (Items 40-48) PLANNING 40. Z-08-70 - A request for concurrence with the Augusta-Richmond Planning Commission to approve with the following conditions 1) the only uses permitted Attachments shall be attorneys, doctors, dentists and accountants or those uses permitted in the R-1 zone; 2) no access to Pinnacle Place Drive; 3) the building shall be limited to a total of 10 employees; 4) the site must meet or exceed the parking requirements in the Comprehensive Zoning Ordinance before a Certificate of Occupancy is issued; and 5) the site must meet or exceed the requirements of the Augusta-Richmond County Tree Ordinance before a Certificate of Occupancy is issued; a petition by Randolph Frails, on behalf of Ella Matthias, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone P-1 (Professional) affecting property containing .49 acres and is known under the present numbering system as 2664 Tobacco Road. (Tax Map 140-0- 195-00-0) DISTRICT 4 (Deferred from the October 21, 2008 Commission Meeting) 41. Z-08-68 - A request for concurrence with the Augusta-Richmond Planning Commission to approve a petition by Craig Cassedy, on behalf of Michele G. Schmitz, requesting a change of zoning from Zone P-1 (Professional) to Zone B-1 (Neighborhood Business) affecting property containing .65 acres and is known as 2502 Crosscreek Road. (Tax Map 131-0-096-02-0) DISTRICT4 (Deferred from the October 21, 2008 Commission meeting) Attachments 42. Z-08-64 - A request for concurrence with the Augusta-Richmond Planning Commission to approve with the condition that there be no traffic access, except for maintenance vehicles, onto Overton Road; a petition by Cranston Engineering Group, on behalf of the Augusta Country Club, requesting a Special Exception to expand and bring an existing country club into zoning conformance per Section 26-1 (i) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 215 acres and is known as 655 Milledge Road. (Tax Map 034-2-040-00-0) DISTRICT 1 (Deferred from the October 21, 2008 Commission meeting) Attachments PUBLIC SAFETY 43. Motion to approve purchasing of Thermal Imaging Cameras with residual funding. Attachments 44. Motion to approve award of a contract with McKnight Construction Co. for construction of the Webster Detention Center Expansion. Attachments 45. Motion to approve a request for transfer of funds from 9-1-1 Fund Balance Unreserved to 2008 9-1-1 Operating Budget for purchase of a replacement Logging Recorder. Attachments 46. Motion to approve the transfer of 911 Unreserved Funds to 2008 Operating Budget for purchase of computer monitors. Attachments Upcoming Meetings www.augustaga.gov FINANCE 47. Motion to correct action of the Commission on October 21, 2008 to approve a request from Ms. Annette Stringer regarding a refund of property taxes in the amount of $1,323.54 instead of $456.14 on property at 4172 Kevin Road. (Approved by Finance Committee October 13, 2008) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 48. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 11/5/2008 2:00 PM Invocation Department: Caption:Reverend David Hunter, Pastor, Lutheran Church of the Resurrection Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 1 Commission Meeting Agenda 11/5/2008 2:00 PM J.R. Riles Department: Caption:Mr. James R. Riles RE: Naming the new Judicial Center in honor of Judge John H. Ruffin, Jr. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 2 Attachment number 1 Page 1 of 2 Item # 2 Attachment number 1Page 2 of 2 Item # 2 Commission Meeting Agenda 11/5/2008 2:00 PM Planning Commision Department:Planning Commission Caption: Z-08-70 - A request for concurrence with the Augusta-Richmond Planning Commission to approve with the following conditions 1) the only uses permitted shall be attorneys, doctors, dentists and accountants or those uses permitted in the R-1 zone; 2) no access to Pinnacle Place Drive; 3) the building shall be limited to a total of 10 employees; 4) the site must meet or exceed the parking requirements in the Comprehensive Zoning Ordinance before a Certificate of Occupancy is issued; and 5) the site must meet or exceed the requirements of the Augusta-Richmond County Tree Ordinance before a Certificate of Occupancy is issued; a petition by Randolph Frails, on behalf of Ella Matthias, requesting a change of zoning from Zone R-1 (One-family Residential) to Zone P-1 (Professional) affecting property containing .49 acres and is known under the present numbering system as 2664 Tobacco Road. (Tax Map 140-0-195-00-0) DISTRICT 4 (Deferred from the October 21, 2008 Commission Meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 3 Commission Meeting Agenda 11/5/2008 2:00 PM Planning Commission Department:Planning Commission Caption: Z-08-68 - A request for concurrence with the Augusta-Richmond Planning Commission to approve a petition by Craig Cassedy, on behalf of Michele G. Schmitz, requesting a change of zoning from Zone P-1 (Professional) to Zone B-1 (Neighborhood Business) affecting property containing .65 acres and is known as 2502 Crosscreek Road. (Tax Map 131-0-096-02-0) DISTRICT4 (Deferred from the October 21, 2008 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 4 Commission Meeting Agenda 11/5/2008 2:00 PM Planning Commission Department:Planning Commission Caption: Z-08-64 - A request for concurrence with the Augusta-Richmond Planning Commission to approve with the condition that there be no traffic access, except for maintenance vehicles, onto Overton Road; a petition by Cranston Engineering Group, on behalf of the Augusta Country Club, requesting a Special Exception to expand and bring an existing country club into zoning conformance per Section 26-1 (i) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 215 acres and is known as 655 Milledge Road. (Tax Map 034-2-040-00-0) DISTRICT 1 (Deferred from the October 21, 2008 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 5 Commission Meeting Agenda 11/5/2008 2:00 PM Airfield Signage Rehabilitation Project Department:Augusta Regional Airport Caption:Motion to approve a contract for Airfield Signage Rehabilitation Project between Walker & Whiteside, Inc. and Augusta Regional Airport. (Approved by Public Services Committee October 27, 2008) Background:The contract was awarded to Walker & Whiteside, Inc. through the RFP process. Analysis:This project will update all the lighted signage on taxiways and runways and allow for uniformity making it easier for our pilots to navigate these areas. Financial Impact:This project has been programmed for 95% funding by the FAA, 2.5% by the GDOT, and 2.5% by the airport - an estimate of $7,057 for the airport cost.Total cost of the project is $282,286.00. The construction time is estimated for 160 calendar days. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: 551 08 1301 5412110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 6 AGREEMENT FOR Augusta Regional Airport at Bush Field Rehabilitation of Airfield Signage THIS AGREEMENT, made this day of in the year Two Thousand and Eight, by and between Augusta, Georgia by and through the Augusta Aviation Commission d/b/a Augusta Regional Airport at Bush Field, Instrumentality of Augusta, Georgia ("Owner"), and Walker & Whiteside, Inc. ("Contractor"). WI'TNESSE-TH: That the Owner and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE 1. The Contractor agrees to furnish all of the materials and all of the equipment and labor necessary and to perform all of the work entitled Rehabilitation of Airfield Signage prepared by Campbell & Paris Engineers (contract, specifications and drawings dated March 2008), 313 Wingo Way, Mt Pleasant, South Carolina, 29464, in accordance with the requirements and provisions of the Contract Documents. ARTICLE 2. The Contractor agrees that the work under this Contract will be commenced within 10 calendar days after receipt of written notice by the Owner to the Contractor that the Contractor is authorized to proceed, and that the entire work under this Contract will be completed not later than the specified calendar days after the date of such notice to proceed, subject to adjustment as provided in the specifications. The Contractor further agrees that the amount of "Liquidated Damages" stipulated in the specifications and stated below for failure to complete the contract in the allotted time shall be $500.00 for each calendar day after the number of days specified for completion of each milestone as stated in the specifications or as modified by Change Order, until the date of final acceptance by the Engineer. The total contract time and specific milestones are established in Section 20 of the specifications. ARTICLE 3. The Owner agrees to pay the Contractor for the performance of the Contract the amount of Two Hundred Eighty Two Thousand Two Hundred Eighty Six Dollars and No Cents ($282,286.00) subject to additions and deductions as provided in the specifications. Subject to satisfactory completion of work performed, payments on account thereof shall be made as follows: a. On or about the 15th of each month, 90 percent of the value proportionate to the amount of the contract, of materials on the ground to be incorporated in the work and labor and materials incorporated in the work up to and including the last day of the previous month, as approved by the Engineer, less the aggregate of previous payments. b. Upon substantial completion of the entire work, a sum sufficient to increase the total payments to 95 percent of the Contract Price. c. Within 30 days after the date of the final acceptance of the work, the balance due under the Contract. ARTICLE 4. The Owner and the Contractor hereby agree that the General Provisions, General Requirements, Special Provisions, hereinafter called the Specifications and the Drawings are as fully a part of the Contract as if hereto attached or herein repeated. Attachment number 1 Page 1 of 4 Item # 6 AGREEMENT Additionally, the following specific items shall be considered a part of the Contract Documents by reference when appropriately executed. 17 100% Labor and Materials Payment Bond 100% Performance Bond The Certificate of Insurance (as described in Section 70 of the Contract Specifications) 17 The Contractor's completed Proposal form dated May 21, 2008. The Owner and the Contractor, for themselves, their successors, executors, administrators, and assigns hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF, THEY HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST ABOVE WRITTEN: SPONSOR: AUGUSTA, GEORGIA BY David S. Copenhaver, Mayor Date Attest: Lena Bonner, Clerk of Commission Date SPONSOR: MMISSION, AUGUSTA, GEORGIA CONTRACTOR: WALKER 8 WHITESIDE. INC. Witness Date Attachment number 1 Page 2 of 4 Item # 6 Bond No. PRF8883699 PERFORhWhtGE BQNb (1 00%) Walker 8 Wh~teside, Inc KNOW ALL V,EN BY TH=E PRESENTS, rhai wa,.,P.O. Box 5777. Gceenville. SC 29606, as Pfncipal, anr! F~del~ty and Deposit Company of Maryland, P.0 Box 1227, Baltimore, MD 21283 s~.~*, ;iEenspd to do puGness in State of Wrgia, am held and Rwbacnd unb the tlTY OF AUGUSTA, GEORGlA as OM'lgee, hereinafter cakd *, e OWbS. n 'Sre sum of Two Hundred Eighty-Two Thousand Two Hundred Eighty-six Dollars 8 Noll00---------- , ($ 282,286.00-----I, for m: whkh sum wall and mty be made, we bifd ouWss. our heirs, execuh adnlnimfs. and sucressan, johtly arrddave~alb fmly by these pseserlb 'he ccMlbon ~i &4s oWigatnn 1s such, as whereas the PA%dpal entered into a certain contmc?, he>% st%chad. wlb the Owner, dated 20, fw Improvenents to AUGUSTA REGIONAL AIRPORT AT BUSH =El: C8P Pmjed 072.341. NGW, THEREFORE, if the Prlncrpal sheU wfl and bly pertorm and krMB a4 the undertekfnw, cOr&mnis. toms, condjtim and agerrmts of said conbaff du* 3's G@d 55Mh of said corn ad any WhfSicns Wrmf that my be gnnted by the Owner, wltn or wltholrt nntistjce to the Surety, end during the lif% ;rf any guaran?? requ~md under Uw me, and shall aM.wU md hly pScrrn a,?d fulfill dl me undemPhgs, wve~ants terms, omlitions ad agr-nts of: any end all duty aummd rnodhbitions af mM eontmZtM may hersaw be made, except that ,m change wig b made which in- the mnm prlce more that? fWCq mRt ln exrm of h original eon- price wtbut oath? b Be Sum@. Men this obligatlan ta be void, othzrwlse a remain in fuU force and e&d. LVhenewr Pfindpal sirsll be, a?d decbred by Ownerto k h default uMwthc Cbntracl, the Owner kGng prtcmd Dnnefs obigalions thmunW, the Sum may pm@y remedy Re dMuk or shall pmptly: :1) Complerts! me htmd in aecMdance wtth b bm and cmditlons, or fi) Obtain a bid 07 bii WcompMng th Cosctsad in accmdm with 'bs t8?'ms and rsandklma. and upan de=rrri~naiiorl by Sumty d the twt mqmnsiMa Mdet, or, if the Owrlw eledit; upon determl&;7 by me 0~e: and the Surety joinby of the best responsible bkkbr. amngc for a mW between wr& bidder and Owner, and make avdhbh as Work prqrrurses (eWn Wougn there should be a defaull w a succession d ceFs ~tts cn*; the ran- or me'& of mrnpllion anawd under this paqfaph) syffidanZ?urrds to pay !fir cst cf csrnpkth less the 4a;snce of the co- price; but nu ucecding. including other cwts and za~inages for %bid the Surety may be liable hereundw, the amount set fcm In me Brst pmgraph her&. The ten 'Zalance of me contract pne". as used in this paragrtrph, shal[ mean the total mount papkle by (hMler :s Pitxip! mder the Ccnaact afid any arrerldmsts tfimto I- the amount pfqxrty paid by Owner to ?fintipal Attachment number 1 Page 3 of 4 Item # 6 Attachment number 1 Page 4 of 4 Item # 6 Commission Meeting Agenda 11/5/2008 2:00 PM Alcohl License Application Department:License & Inspections Caption:Motion to approve a New Application: A. N. 08 - 45: request by Charles E. Sconyers for an on premise consumption Liquor, Beer & Wine license to be used in connection with Half Moon Saloon located at 2510 G. Peach Orchard Rd. There will be Dance. District 2. Super District 9. (Approved by Public Services Committee October 27, 2008) Background:This is a new application. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $2775.50 Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law. Administrator. Cover Memo Item # 7 Attachment number 1 Page 1 of 2 Item # 7 Attachment number 1 Page 2 of 2 Item # 7 Commission Meeting Agenda 11/5/2008 2:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Ownership Application: A. N. 08 - 49: request by Shawn P. Laws for an on premise consumption Liquor, Beer & Wine license to be used in connection with The Original Tavern located at 3664 Wheeler Rd. District 3. Super District 10. (Approved by Public Services Committee October 27, 2008) Background:This is a new ownership application. Formerly in the name of Vic Raley. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a pro - rated fee of $2117.50. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law. Administrator. Cover Memo Item # 8 Attachment number 1 Page 1 of 2 Item # 8 Attachment number 1 Page 2 of 2 Item # 8 Commission Meeting Agenda 11/5/2008 2:00 PM Alcohol License Application Department:License & Inspections Caption:Motion to approve a request by Kevin Goldsmith for a Sunday Sales license to be used in connection with Takosushi Restaurant located at 437 Highland Ave. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee October 27, 2008) Background:This location is a restaurant with an alcohol license. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay fee of $1210.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law. Administrator. Cover Memo Item # 9 Attachment number 1 Page 1 of 3 Item # 9 Attachment number 1 Page 2 of 3 Item # 9 Attachment number 1 Page 3 of 3 Item # 9 Commission Meeting Agenda 11/5/2008 2:00 PM Alcohol License Hearing Department:License & Inspections Caption:Motion to approve a 90-day probation period of the Alcohol Beverage License of the SoundTrack Supper Club held by Frank Benjamin located at 127 Laney Walker Blvd. due to an abundance of incidents, reports and calls to this location. District 1. Super District 9. (Approved by Public Services Committee October 27, 2008) Background:The location has had several shootings this year. Analysis:Due to the number of incidents at the location it warrants a look by the Commission. Financial Impact:N/A Alternatives: Recommendation:License & Inspections recommends Probation. The RCSD recommends Probation. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law. Administrator. Cover Memo Item # 10 Attachment number 1 Page 1 of 1 Item # 10 Commission Meeting Agenda 11/5/2008 2:00 PM Business License Hearing Department:License & Inspections Caption:Motion to approve a 90-day probation period of the Occupational Tax Certificate of Club Platinum located at 1505 North Leg Rd. becasue of a shooting incident in the parking lot on August 15, 2008 as well as other incidents. District 3. Super District 10. (Approved by Public Services Committee October 27, 2008) Background:This location was placed on probation in March of 2008. Analysis:Due to the number of incidents in the last few months this location warrants a look by the Commission. Financial Impact:N/A Alternatives: Recommendation:License & Inspections & the RCSD recommends that some action be taken Probation, Suspension Or Revocation. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law. Administrator. Cover Memo Item # 11 Attachment number 1 Page 1 of 1 Item # 11 Commission Meeting Agenda 11/5/2008 2:00 PM Renewal of lease Department:Recreation and Parks Caption:Motion to approve the renewal of a six month lease with Georgia Golf Hall of Fame(GGHF) for operation of the Botanical Gardens. (Approved by Public Services Committee October 27, 2008) Background:The GGHF closed the gardens in July, 2007 and the property was abandoned for several months, leaving the gardens without maintenance and upkeep. The Augusta Commission approved the original six month lease in November, 2007 and was renewed for an additional six months in April, 2008 for the purpose of maintaining and opening the gardens to the public. Analysis:The lease has enabled Augusta to maintain and operate the Botanical Gardens for our citizens. Since January, over 20,000 visitors have enjoyed the gardens, and along with dedicated staff from the Recreation and Parks Department, hundreds of volunteers have contributed to improving the gardens while keeping the operating cost to a minimum. Financial Impact:Annual budget for Botanical Gardens: $77,500 Alternatives:1. Not to approve, leaving the property subject to falling into disrepair as before. 2. To approve Recommendation:#2 to approve Funds are Available in the Following Accounts: Budgeted thru end of year(2008)- 101061613 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 12 Commission Meeting Agenda 11/5/2008 2:00 PM 2009 Annual Action Plan Department:Housing and Community Development Department Caption:Motion to approve Final Version of Year 2009 Annual Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnership and Housing for Persons with AIDS (HOPWA) funds and the Neighborhood Strategy Plan for Laney Walker and Bethlehem Neighborhoods with the language being changed to reflect that the funding expended for the acquisition/relocation initiative in the Laney- Walker/Bethlehem area be reimbursed from the funds from the transportation and tourism fees to be collected from the TEE Center funds approved by the Commission. (Approved by Administrative Services Committee October 27, 2008) Background: The City of Augusta, being an entitlement city, receives entitlement grants annually for CDBG, ESG and HOME funds from the U.S. Department of Housing and Urban Development (HUD). For receipt of these federal funds, the City must develop and follow an approved Consolidated Plan (CP). On March 29, 2005, the Commission approved the City’s 5-year CP for years 2005-2009. This plan contains the City’s housing and community development needs and strategies for addressing those needs over the 5-year period. Each year, the City must develop a one-year plan of action (Action Plan) indicating what the City intends to do to carry out the goals and objectives in its 5-year CP. The Action Plan is also the City’s application for CDBG, ESG and HOME funds for which funds are applied for and received. On August 11, 2008, the Proposed Year 2009 Annual Action Plan was presented to the Administrative Services Committee for informational purposes. As required by HUD, the Action Plan was presented to the public for a 30-day review period commencing August 21, 2008 with the deadline for comments being September 22, 2008. Public notices were published in the Augusta Chronicle and Metro Courier and a public hearing was held August 21, 2008. We are required to submit the citizens’ comments to the Commission for consideration and a summary of the comments to HUD after approval of the final Action Plan. The Commission may accept the comments as information or revise the Action Plan based on the comments received. Staff received comments from one citizen requesting more detailed information on programs being funded during Year 2009, the use of funds for administration, use of unspent funds and whether the HCD Department could function without federal assistance (Attachment #1). Staff responded to the citizen’s request which is herein enclosed as Attachment #2. The comments and the responses are also included in the Action Plan which is required by HUD. Additionally, a Neighborhood Revitalization Strategy (NRS) is being submitted along with the 2009 Annual Action Plan. This NRS targets Bethlehem and Laney-Walker neighborhoods. HUD encourages grantees to develop comprehensive Cover Memo Item # 13 neighborhood revitalization strategies. To stimulate the development of revitalization strategies, HUD offers certain incentives for entitlement cities. Those incentives are: 1. Job Creation/Retention as Low/Moderate Income AREA benefit: Job creation/retention activities undertaken pursuant to the strategy may be qualified as meet area benefit requirements, thus eliminating the need for a business to track the income of persons that take, or are considered for, such jobs. 2. Aggregation of Housing Units: Housing units assisted pursuant to the strategy may be considered to be part of a single structure for purposes of applying the low and moderate income national objective criteria, thus providing greater flexibility to carry out housing programs that revitalize a neighborhood. 3. Aggregate Public Benefit Standard Exemption: Economic development activities carried out under the strategy may, at the grantee’s option, be exempt from the aggregate public benefit standards, thus increasing a grantee’s flexibility for program design as well as reducing its record-keeping requirements. 4. Public Service Cap Exemption: Public services carried out pursuant to the strategy by a Community-Based Development Organization will be exempt from the public service cap. This NRS was prepared by Asset Property Disposition, Inc. Three (3) public meetings were held at Beulah Grove Baptist Church to obtain residents of the neighborhoods’ input. The NRS is being submitted along with the Year 2009 Annual Action Plan budget (Attachments #3 & #4). Each report must be approved by HUD. However, approval of the Action Plan is not dependent upon approval of the NRS. Analysis:Approval and submittal of the Action Plan will enable the City to receive CDBG, ESG, HOME and HOPWA entitlement funds for Year 2009 to carry out much needed projects for benefit of low income persons and low income areas of the City. Financial Impact:It is anticipated the City will receive and have available a total of $5,114,515 in CDBG, ESG, HOME, HOPWA and program income for Year 2009. Alternatives:1. Approve Year 2009 Annual Action Plan and NRS as recommended. 2. Do not approve and prevent the City from receiving $5,114,515 in federal funds. Recommendation:HCD recommends that the attached Year 2009 CDBG, ESG, HOME & HOPWA and NRS be approved and submitted to HUD as the City’s Year 2009 Annual Action Plan. Funds are Available in the Following Accounts: 2009 HUD funds - CDBG, ESG, HOME and HOPWA REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 13 Cover Memo Item # 13 ATTACHMENT #1 September 22, 2008 To whom it may concern; First of all, let me apologize for any lack of understanding which these comments may reveal. It seems that this is the fifth (and last) of a series of such "Action Plans", yet this is the first we've had the privilege to review. The (single) newspaper advertisement is quite easily overlooked. However, the sums of money being requested are quite substantial, and not very well substantiated. There are a few items on the proposed 2009 Plan which could be better defined. These are the relatively well-funded yet amorphous "programs" labeled "Department Acquisition/Relocation" and "Housing Rehabilitation", as well as the equally ambiguous request for funds for "Housing Counseling". $400,000 to "create decent housing" via the acquisition of dilapidated structures and (apparent) subsequent reconstruction of housing on these properties; $650,000 (again, to "create decent housing") for repairs on substandard residences, "emergency grants", and lead paint tests; $250,000 to "create decent housing" through "counseling on home ownership". The first two items are supposed to be capable of providing access to 20 and 31 housing units, respectively; this would appear that $20,000 per unit is being allocated toward these ends ("acquisition" and "rehabilitation") yet nowhere is the actual cost for anything detailed. Are these merely "ballpark" figures? They seem awfully rounded. What happens to money that is not spent? Is it diverted to other "programs"? The third item seems just wasteful. Why are potential homebuyers not able to assess their own potential? And, if they can't, what kind of homeowners would they become? At $2500 per person it appears there is some unspecified, and highly qualified, third party involved; or is HCD the source of said "counseling"? Again, this amount also looks estimated. Finally we'd like to address the costs of "administration" of these programs; $469,561 for the CDBG and $224,728 for HOME. Both of these sums are directed to the lead agency on Laney- Walker, and both represent percentages of the total program costs. With a staff of seventeen (p9 of the plan) this would imply that over $40,000 per staff member is required to "administer" these programs. It is our understanding that the Laney-Walker facility is part of the City (Augusta Richmond County) government. Could HCD continue to function without this level of Federal funding? There is something essentially skewed in a system that requires as much money to operate as it spends to "create decent housing". Please don't mistake these comments as anything more than requests for clarification of a process long underway. We applaud your efforts to re-vitalize the rundown and abandoned areas of Augusta, and we wish you success. Sincerely, GEORGE L. RANSOM Attachment number 1 Page 1 of 1 Item # 13 ATTACHMENT #2 HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Chester A. Wheeler, III Director Housing and Community Development 925 Laney-Walker Boulevard, 2nd Floor, Augusta, GA 30901 (706) 821-1797 – Fax (706) 821-1784 www.augustaga.gov October 7, 2008 Mr. George L. Ransom 2711 Margate Drive Augusta, GA 30909 RE: Response to Comments on 2009 Annual Action Plan Dear Mr. Ransom: Thank you for submitting comments on the City of Augusta’s 2009 Annual Action Plan. For a better understanding of the Action Plan process and programs that are being funded, I will attempt to explain in this letter. The City of Augusta is an entitlement city, whereas it can apply for Federal Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnerships (HOME) and Housing Opportunities for Persons with HIV/AIDS (HOPWA) funds from the U.S. Department of Housing and Urban Development. To receive the aforementioned funds, the City must develop a 5-year long range plan, which must be approved by HUD. We are currently working under the 5-year plan for years 2005 – 2009. The 5-year plan is known as a Consolidated Plan (CP). The CP identifies all of the City’s housing and community development needs and describes the strategies and goals that the City intend to meet during the 5-years. Each year of the CP, the City must develop an Action Plan, describing what projects it intends to carry out to meet the goals established in the CP. This Action Plan is also the City’s application for CDBG, ESG, HOME and HOPWA funds. During development of the Action Plan, the City solicits needs from the citizens and applications from non-profits, businesses, etc. From this solicitation, we determine what projects will be funded and the goals we plan to meet for the specified year. This is the Annual Action Plan. Enclosed is a booklet that will give you a detailed explanation of the Consolidated Plan and Action Plan process. Attachment number 2 Page 1 of 3 Item # 13 Mr. George L. Ransom October 9, 2008 Page 2 Below I will proceed to respond to your questions in more detail: 1. Requests more detail description of CDBG HCD Acquisition/Relocation - $400,000, CDBG Housing Rehabilitation Program - $650,000 and HOME Housing Counseling Program - $250,000. • HCD Acquisition/Relocation - $400,000 Response: The City is in the process of doing revitalization in certain targeted low and moderate income neighborhoods. Currently, the neighborhoods are Bethlehem and Laney-Walker neighborhoods. The City will be acquiring property, relocating the residents and constructing new and rehabbing existing houses in these neighborhoods. The Housing and Community Development Department, in collaboration with the Land Bank will be the lead agencies. The costs of the acquisition of properties will be determined once an appraisal and review appraisal are performed. Because federal funds are being used, the City must adhere to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended. If households or individuals must be relocated, they must be made whole. Therefore, the City must provide to the family advisory services, counseling, assistance in locating replacement housing, payment of moving expenses, and adequate replacement housing payments, normally for 42 months. These costs are unknown at this time, that’s why we could not list them in the newspaper. Revitalizing neighborhoods are very costly projects. Each year, the City will be designating funds for the revitalization. • Housing Rehabilitation Program - $650,000 Response: Through this program, low and moderate income persons apply for funds to get their house rehabilitated. The maximum amount a person can apply for is $35,000. The enclosed Housing Rehabilitation Manual provides more detailed descriptions on the Paint, Emergency Repair, Rental Rehabilitation and Demolition/Rebuild programs. Attachment number 2 Page 2 of 3 Item # 13 Mr. George L. Ransom October 9, 2008 Page 3 • Housing Counseling Program - $250,000 Response: The City will contract with a non-profit to administer a Housing Counseling Program. The purpose of the program is to provide counseling for all aspects of homeownership to first-time homebuyers that include homeownership education, individualized housing counseling/credit counseling, pre and post counseling, loss mitigation and financial literacy. 2. What happens to money that is unspent? Response: Any funds that are not expended are reprogrammed to other projects. 3. Could the Housing and Community Development Department continue to function without the use of the administration funds under CDBG and HOME? Response: For the CDBG program, the City is allowed to use 20% of the total program budget for administrative costs and 10% of the HOME program budget. Administrative costs include payment of staff salaries, rent, office equipment, supplies, etc. The City does not own the facility where HCD is located. Without the federal assistance, the City could not operate this department, provide services to low income persons or improve housing in low income neighborhoods. I hope this information answers your questions. However, if you should have any more, please call me at (706) 821-1797. Sincerely, Rose L. White Assistant Director-Programs /rlw Enclosures: 1) HUD’s Consolidated Plan Booklet 2) Housing Rehabilitation Programs’ Manual cc: Chester A. Wheeler, III, Director of HCD Attachment number 2 Page 3 of 3 Item # 13 ATTACHMENT #4 NEIGHBORHOOD STRATEGY PLAN FOR LANEY-WALKER/BETHLEHEM NEIGHBORHOODS THIS PLAN IS TOO LARGE TO ATTACH THROUGH THE MUNI-SYSTEM. IT WILL BE HAND DELIVERED TO THE CLERK’S OFFICE Attachment number 3 Page 1 of 1 Item # 13 1 ATTACHMENT #3 2009 Community Development Block Grant (CDBG) Program Estimated Allocation $2,232,805 Program Income $ 140,000 Total Funds Available $2,372,805 Activity Amount Acquisition • Bethlehem Community Center Acquisition 78,500 • HCD Acquisition/Relocation 400,000 Public Facility • Dyess Park 205,000 • Augusta Mini Theatre (fence) 42,772 Public Services ($261,500) • Augusta Mini Theatre 25,000 • Augusta Youth Center 20,000 • Boys & Girls Club 15,000 • CSRA EOA 25,000 • Communities In Schools 4,500 • Coordinated Health Services “Clinic” 25,000 • Coordinated health Services “Samaritan Center” 17,500 • East Augusta CDC 21,500 • Family “Y” 20,000 • Hope House 25,000 • JWC Helping Hands 10,000 • Kids Restart 18,000 • MACH Academy 25,000 • Neighborhood Improvement Project 10,000 Privately Owned Utilities • Utility Connection Hardship Fund 50,000 Housing Rehabilitation Program 650,000 • Housing Administration - $125,000 • Housing Rehab – projects - $400,000 • Emergency Grant - $50,000 • Paint Program - $5,000 • World Changers - $50,000 • Lead Based Paint - $20,000 Economic Development • Antioch Ministries 12,000 • Façade Rehabilitation Program 123,472 • Economic Development Revolving Loan Fund 75,000 Admin & Planning (20%-$474,561) 474,561 • Administration - 469,561 • Fair Housing - 5,000 TOTAL 2,372,805 Attachment number 4 Page 1 of 2 Item # 13 2 2009 Emergency Shelter Grant (ESG) Program Activity Amount Available Augusta Urban Ministries 11,000 CSRA EOA 10,804 Coordinated Health Services 4,323 Georgia Legal Services 5,023 Hope House 10,000 St. Stephen’s Ministries 15,000 Safe Homes 20,000 Salvation Army – Emergency Financial Assistance 9,700 Salvation Army – Employment Training 9,224 Admin (5%) 5,003 Total 100,077 2009 HOME Investment Partnerships (HOME) Program Estimated Allocation $1,240,698 Program Income $1,006,580 Sub-Total $2,247,278 ADDI $ 9,355 TOTAL $2,256,633 Activity Amount Available Housing Redevelopment Initiative 1,586,445 Housing Counseling Program 250,000 ADMINISTRATION (10% maximum) 224,728 CHDO SET-ASIDE (15%) 186,105 ADDI 9,355 TOTAL 2,256,633 2009 Housing Opportunities for Persons with AIDS (HOPWA) Program Activity Amount Available Projects - $373,450 Hope Health 100,000 St. Stephens 273,450 Administration (3%) 11,550 TOTAL $ 385,000 TOTAL $5,114,515 Attachment number 4 Page 2 of 2 Item # 13 Commission Meeting Agenda 11/5/2008 2:00 PM 2009 AP Resolution Department:Housing and Community Development Department Caption:Motion to approve a Resolution Authorizing Submission of the Year 2009 Annual Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnerships and Housing Opportunities for Persons with AIDS (HOPWA) Funds to HUD. (Approved by Administrative Services Committee October 27, 2008) Background: As a prerequisite for receipt of federal entitlement funds, the City must submit and Action Plan for each year of the City’s approved 5-year Consolidated Plan (CP) to HUD for approval. The City’s current 5-year CP covers years 2005 through 2009. The 2009 Action Plan is the last year of this 5-year plan. This resolution authorizes the submission of the plan. Analysis:Approval of this resolution will enable the City to submit its Year 2009 Annual Action Plan and receive its entitlement allocations for CDBG, ESG, HOME and HOPWA funds. Financial Impact:It is anticipated that the City will receive and have available a total of $5,114,515 for use in Year 2009. This amount includes CDBG, ESG, HOME, HOPWA entitlement funds and program income expected to be generated from Housing Rehabilitation, Economic Development Revolving Loan Fund and other loan repayments. Alternatives:None recommended. Recommendation:Approve attached resolution for submission of the City’s Year 2009 Annual Action Plan and the Neighborhood Revitalization Strategy for Laney Walker and Bethlehem neighborhoods to HUD. Funds are Available in the Following Accounts: For receipt of the City's 2009 allocations of CDBG, ESG, HOME and HOPWA funds. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 14 Cover Memo Item # 14 A RESOLUTION AUTHORIZING THE SUBMISSION OF THE ANNUAL ACTION PLAN FOR YEAR 2009 AND GRANTING THE AUTHORITY TO GIVE ASSURANCES AND CERTIFICATIONS AS REQUIRED BY THE SECRETARY OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND GRANTING THE AUTHORITY TO EXECUTE THE CONSOLIDATED PLAN AND ACTION PLAN AS APPROVED. WHEREAS, Augusta-Richmond County has availed itself of the provisions of the Housing and Community Development Act of 1974, as amended and the Housing and Community Development Act of 1987; and WHEREAS, it is necessary to submit a Year 2009 Action Plan as a prerequisite to receiving Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Shelter Grants (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) funds after public hearings have been held and projects suggested by citizens have been given careful and serious consideration; and WHEREAS, in order to expedite the orderly execution of the assurances, certifications and Grant Agreement, the Mayor is hereby given authority to provide such assurances, certifications and execute the Grant Agreement as required by the Secretary; and WHEREAS, in order to expedite the federal programs included in the plan, the Housing and Community Development Department is given authority to carry out the programs as approved by Augusta-Richmond County Commission. NOW, THEREFORE, BE IT RESOLVED: That the Mayor and the Housing and Community Development Department be authorized to prepare and submit the Year 2009 Action Plan and amendments thereto as well as provide the required assurances, certifications, and execution of the Grant Agreement; and BE IT FURTHER RESOLVED: That the Housing and Community Development Department be authorized to carry out the orderly execution of the Year 2009 Action Plan as approved by the Augusta-Richmond County Commission in compliance with all applicable law, rules, and regulations. ATTEST: AUGUSTA, GEORGIA BY: ___________________________________ David S. Copenhaver Mayor __________________________________ Lena J. Bonner Clerk of Commission CERTIFICATION I, Lena J. Bonner , Clerk of Commission, hereby certify that the above is a true and correct copy of a Resolution as adopted by said AUGUSTA-RICHMOND COUNTY COMMISSION in meeting held on November 5, 2008. S E A L ____________________________________ Lena J. Bonner Clerk of Commission Attachment number 1 Page 1 of 1 Item # 14 Commission Meeting Agenda 11/5/2008 2:00 PM Henry T. Armstrong III Department:Clerk of Commission Caption:Motion to approve authorizing the Mayor to provide a letter expressing the city's support for the organization Ounce of Prevention Services (OOPS!) an at risk program/business to assist youth delinquents and non-delinquents in the Augusta area. (Approved by Administrative Services Committee October 27, 2008) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 15 Attachment number 1 Page 1 of 1 Item # 15 Commission Meeting Agenda 11/5/2008 2:00 PM Resolution - NSP Department:Housing and Community Development Department Caption:Motion to approve a Resolution authorizing submission of Neighborhood Stabilization Program Grant Application to HUD & Amend 2008 Annual Action Plan. (Approved by Administrative Services Committee October 27, 2008) Background:As a result of the Housing and Economic Recovery Act of 2008, HUD authorized the Neighborhood Stabilization Program. The City of Augusta is eligible to apply for grant funds in the amount of $2,473,064. The application must be submitted to HUD by December 1, 2008. The City has 18 months to commit the funds and 4 years to expend funds. These funds are to be used for redevelopment of abandoned and foreclosed homes in areas of greatest needs in Augusta. Analysis:These funds will be additional funds that will be administered the same as Community Development Block Grant funds. However, these funds can be used to assist families/households who do not exceed 120% of Augusta's median income. The Housing and Community Development Department will administer the funds to address redevelopment of abandoned and foreclosed homes in neighborhoods affected by foreclosures and mortgage crisis. Financial Impact:The $2,473,064 will additional grant funds for the City to use. Alternatives:None recommended. Recommendation:Approve Resolution Authorizing Submission of the Neighborhood Stabilization Program (NSP) Grant Application to HUD and amend the 2008 Annual Action Plan to include this program and use of funds. Funds are Available in the Following Accounts: 2008 Neighborhood Stabilization Program (NSP) Funds REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 16 Administrator. Cover Memo Item # 16 A RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION UNDER TITLE III OF THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008 AND GRANTING THE AUTHORITY TO GIVE ASSURANCES AND CERTIFICATIONS AS REQUIRED BY THE SECRETARY OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND GRANTING THE AUTHORITY TO EXECUTE THE GRANT AGREEMENT. WHEREAS, Title III of Division of the Housing and Economic Recovery Act, 2008 (HERA) appropriates $3.92 billion for emergency assistance for redevelopment of abandoned and foreclosed homes and residential properties; and WHEREAS, funds are to be used to address areas of greatest need within the city including those: (1) With the greatest percentage of foreclosures, (2) With the highest percentage of homes financed by subprime mortgage related loans, and (3) Identified as likely to face a significant rise in the rate of home foreclosures. WHEREAS, the eligible uses of funds include but are not limited to: • Establishing financing mechanisms for purchase and redevelopment of foreclosed homes and residential properties in neighborhoods affected by foreclosures and mortgage crisis; • Purchasing and rehabilitating homes and residential properties abandoned or foreclosed; • Establishing land banks for foreclosed homes; • Demolishing blighted structures; or • Redeveloping demolished or vacant properties WHEREAS, Augusta-Richmond County has availed itself of the provisions of the Housing and Economic Recovery Act of 2008, commonly known as the Neighborhood Stabilization Program; and WHEREAS, it is necessary to amend the City of Augusta’s 2008 Annual Action Plan as a prerequisite to receiving Neighborhood Stabilization funds in the amount of $2,473,064 after the public have been given 15 days to comment on the application; and WHEREAS, the comment period will commence November 6, 2008, and expire November 20, 2008; and WHEREAS, the City is authorizing the Housing and Community Development Department to develop and submit an application for the Neighborhood Stabilization funds to HUD by December 1, 2008; and WHEREAS, the Neighborhood Stabilization Program funds must be obligated with 18 months and expended with four years from the date of the Grant Agreement; and WHEREAS, in order to expedite the orderly execution of the assurances, certifications and Grant Agreement, the Mayor is hereby given authority to provide such assurances, certifications and execute the Grant Agreement as required by the Secretary; and WHEREAS, in order to expedite the projects included in the application, the Housing and Community Development Department is given authority to carry out the projects in accordance with federal regulations; and WHEREAS, it is necessary to hire additional staff , which has been approved by Human Resources, with the capability to administer and manage the program which shall consist of four (4) positions; HERA Manager, Administrative Assistant –Housing, Housing Inspector I and Housing Programs Coordinator II; and NOW, THEREFORE, BE IT RESOLVED: That the Mayor and the Housing and Community Development Department be authorized to prepare and submit an application for Neighborhood Stabilization Program funds in the amount of $2,473,064 and amendments thereto as well as provide the required assurances, certifications, and execution of the Grant Agreement and hire additional workforce; and Attachment number 1 Page 1 of 2 Item # 16 BE IT FURTHER RESOLVED: That the Housing and Community Development Department be authorized to carry out the orderly execution of the Neighborhood Stabilization Program in compliance with all applicable law, rules, and regulations. ATTEST: AUGUSTA, GEORGIA BY: ______________________________ David S. Copenhaver Mayor _____________________________ Lena J. Bonner Clerk of Commission CERTIFICATION I, Lena J. Bonner , Clerk of Commission, hereby certify that the above is a true and correct copy of a Resolution as adopted by said AUGUSTA-RICHMOND COUNTY COMMISSION in meeting held on November 5, 2008. S E A L ____________________________________ Lena J. Bonner Clerk of Commission Attachment number 1 Page 2 of 2 Item # 16 File Name Augusta-Richmond County Job Description Approved Title: Housing and Economic Recovery Act (HERA) Job Code: Manager Title: Housing and Economic Recovery Act (HERA) Manager Overtime: Exempt Department: Augusta Housing and Community Development Date Prepared: October 2008 Reports to: Assistant Director - Housing Job Grade: 51 GENERAL SUMMARY: Primarily responsible for the administration and management of the Housing and Economic Recovery Act (HERA) program. Works with agency, CHDOS, governmental agencies, etc. to stabilize neighborhoods and communities impacted by foreclosures. Assist the Assistant Director in the establishment of financial tools such as “soft” seconds, shared equity mortgages, and loan loss reserves. PRINCIPAL DUTIES AND RESPONSIBILITIES 1. Responsible for the administration and management of the Housing & Economic Recovery Act (HERA) Program. 2. Works with CHDO’s, Governmental Agencies, etc. to stabilize neighborhoods impacted by foreclosures. 3. Identifies discounted foreclosed homes for discounted purchase and redevelopment. 4. Identifies abandoned residential properties for discounted purchase and redevelopment. 5. Assists Asst. Director-Housing in the establishment of financial tools (soft seconds, equity mortgages, etc.) 6. Assists Asst. Director-Housing in the demolition of blighted structures identified by the Director and Project Mgmt Firm. 7. Assists Asst. Director-Housing, Project Mgmt Firm, Developer’s with redevelopment efforts of demolished/vacant properties. 8 Responsible for the processing of program(s) qualifying documents. 9. Supervises the Administrative Assistant-Housing and the HERA Program delegated Housing Inspector. 10.Other duties as assigned. REQUIREMENTS Education: BA/BS in Finance, Business Administration, Public Administration, City or Regional Planning, or other related field of study. Experience: 4+ years in similar position or sufficient experience to perform principal duties and responsibilities with a minimum of two (2) years supervisory experience. Knowledge/Skills/Abilities: • Familiarity with federal and state housing regulatory requirements. • Excellent communication skills, both oral and written. • Proficiency in computer software systems. • Demonstrated ability to work independently. Other: • May supervise and/or train designated subordinate personnel. PHYSICAL DEMANDS Intermittent sitting, standing, stooping, crouching, walking, and occasional lifting of light objects. Work is performed in an office. DISCLAIMER The preceding job description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties, responsibilities, and qualifications required of employees to this job. REVIEW/APPROVALS ______________________________________________________ ______________________ Human Resources Date ______________________________________________________ ______________________ Line or Staff Management Date Attachment number 2 Page 1 of 1 Item # 16 File Name Augusta-Richmond County Job Description Approved Title: Administrative Assistant - Housing Job Code: Title: Administrative Assistant - Housing Overtime: Non-exempt Department: Augusta Housing and Community Development Date Prepared: October 2008 Reports to: HERA Manager Job Grade: 42 GENERAL SUMMARY: Provides administrative, secretarial and clerical support within the guidelines of supervisory instructions, county and departmental regulations, ordinances, and policies and procedures. Reports to the Housing and Economic Recovery Act Manager or other designated person and works with co-workers, contractors, sub-recipients, and community agencies to achieve Housing and Community Development Department goals. PRINCIPAL HOUSING PROGRAM DUTIES AND RESPONSIBILITIES 1. Provides administrative duties and support including: maintaining calendars, maintaining departmental files, answering the phones, greeting and directing visitors, scheduling appointments, and responding to inquiries. 2. Composes and produces various legal, financial, or other critical documents. 3. Assembles, types, and maintains confidential and sensitive correspondence, files, records, and reports. 4. Works with staff to ensure that office operations are maintained. 5. Provides technical support and coordinates program information for staff members. 6. Provides and records program information on behalf of the department and disseminates the information to the appropriate parties. 7. Assists HERA Manager with various reports, presentations, special projects and all other aspects of the Neighborhood Stabilization Program (NSP). 8. Ensures proper operation of office equipment, and secures repairs and maintenance as necessary. 9. Set up and schedule meetings 10. Review reimbursement documentation for processing 11. Monitor reports and set up file. 12. Other duties as assigned REQUIREMENTS Education: High School Diploma, trade school, or equivalent level of education. Experience: 3-5 years in similar position or sufficient experience to perform principal duties and responsibilities. Knowledge/Skills/Abilities: • Considerable knowledge of documentation, office practices and procedures, payroll, procurement, and computer equipment and terminology. • Proficiency in acquiring and maintaining skill sets on new and evolving administrative support tools. • Ability to prepare accurate documentation to include reports, memos, etc. • Familiarity with division, department, and County policies and procedures, and interpersonal relations. • Proficiency in office automation programs and preparing reports for management. • Proficiency in analyzing reports and records for discrepancies. • Mastery of standard office equipment, and multi-line phone system. • Good communication skills, both oral and written. • Demonstrated ability to work with a team or independently. Other: • May supervise and/or train designated subordinate personnel. PHYSICAL DEMANDS Intermittent sitting, standing, stooping, crouching, walking, and occasional lifting of light objects. Work is performed in an office. DISCLAIMER The preceding job description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties, responsibilities, and qualifications required of employees to this job. Attachment number 3 Page 1 of 2 Item # 16 File Name REVIEW/APPROVALS ______________________________________________________ ______________________ Human Resources Date ______________________________________________________ ______________________ Line or Staff Management Date Attachment number 3 Page 2 of 2 Item # 16 File Name Augusta-Richmond County Job Description Approved Title: Housing Inspector I Job Code: Title: Housing Inspector I Overtime: Non-exempt Department: Augusta Housing and Community Development Date Prepared: October 2008 Reports to: HERA Manager Job Grade: 47 GENERAL SUMMARY: Conducts on-site inspections of residential and commercial properties within the guidelines of local, state, and federal regulations. Determines what repairs to the property are needed and prepares work write-ups and specifications to be used in bidding and construction. Reports to the HERA Manager or other designated personnel and works with homeowners, contractors, engineers, fire officials, attorneys, zoning officials, insurance adjusters architects, and the public to ensure quality and safety in construction. The Housing Inspector I is primarily responsible for all duties and responsibilities associated with the Housing and Economic Recovery Act (HERA). PRINCIPAL DUTIES AND RESPONSIBILITIES 1. Performs initial inspections of residential and commercial property for code violations and other needed work. 2. Performs project inspections to ensure local, state, and federal compliance. 3. Coordinates reports, walk-throughs, write-ups, costs, and cost estimates for eligible projects. 4. Receives sealed bids and oversees bid process, pre-construction conference, and contract signing. 5. Oversees construction projects while ensuring adherence to contractual provisions. 6. Performs final inspections and executes final project documents. 7. Maintains records, including project folders, licensing and insurance documents, and warranties. 8. Other duties as assigned. REQUIREMENTS Education: High School diploma or GED. Experience: 3-5 years in similar position or sufficient experience to perform principal duties and responsibilities. Knowledge/Skills/Abilities: • Considerable knowledge of construction and general contracting principles. • Familiarity with local, state, and federal hosing and building codes. • Proficiency in construction cost estimating, specification writing, and inspection techniques. • Excellent oral and written communication skills. • Demonstrated ability to work independently. Other: • Possess or have the ability to obtain state certification for required inspections. • May supervise and/or train designated subordinate personnel. PHYSICAL DEMANDS Intermittent sitting, standing, stooping, crouching, walking, and occasional lifting of light objects. Work is performed in an office and outdoors on construction sites with exposure to cold/inclement weather, dust, dirt, construction machinery, and noise. DISCLAIMER The preceding job description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties, responsibilities, and qualifications required of employees to this job. Attachment number 4 Page 1 of 2 Item # 16 File Name REVIEW/APPROVALS ______________________________________________________ ______________________ Human Resources Date ______________________________________________________ ______________________ Line or Staff Management Date Attachment number 4 Page 2 of 2 Item # 16 File Name Augusta-Richmond County Job Description Approved Title: Housing Programs Coordinator II Job Code: Title: Housing Programs Coordinator II Overtime: Exempt Department: Augusta Housing and Community Development Date Prepared: October 2008 Reports to: Housing Development Manager Job Grade: 45 GENERAL SUMMARY: Assist in monitoring and administering the HOME Investment Partnership Program. Coordinates and administers the Housing Counseling programs within the guidelines of state and federal regulations. Reports to the Housing Manager and works with co- workers, contractors, vendors, attorneys, bankers, and other community agencies. PRINCIPAL DUTIES AND RESPONSIBILITIES 1. Assist the Housing Development Manager with developing, implementing and maintaining systems for the HOME programs. 2. Assist to make sure that all HOME related activities are properly administered and managed effectively in accordance with federal, state and local laws, regulations, policies and procedures. 3. Assist in the administration of the Pre & Post purchase and Pre-Mortgage default Housing Counseling. 4. Works to provide to the Manager data, reports, and other information needed by HUD, the department, and the community. 5. Assist in evaluating, assessing, and monitoring the effectiveness of housing programs and recommends improvements. 6. Assist with coordinating the procurement of design professionals and contractors needed to implement housing and related programs. 7. Assist the Manager with coordinating the implementation of Fair Housing initiatives by the department. 8 Researches and identifies primary mortgage loan products. 9. Other HOME duties as assigned. REQUIREMENTS Education: BA/BS in Finance, Business Administration, Public Administration, City or Regional Planning, or other related field of study. Experience: 4+ years in similar position or sufficient experience to perform principal duties and responsibilities with a minimum of two (2) years supervisory experience. Knowledge/Skills/Abilities: • Familiarity with federal and state housing regulatory requirements. • Excellent communication skills, both oral and written. • Proficiency in computer software systems. • Demonstrated ability to work independently. Other: • May supervise and/or train designated subordinate personnel. PHYSICAL DEMANDS Intermittent sitting, standing, stooping, crouching, walking, and occasional lifting of light objects. Work is performed in an office. DISCLAIMER The preceding job description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties, responsibilities, and qualifications required of employees to this job. REVIEW/APPROVALS ______________________________________________________ ______________________ Human Resources Date ______________________________________________________ ______________________ Line or Staff Management Date Attachment number 5 Page 1 of 1 Item # 16 Commission Meeting Agenda 11/5/2008 2:00 PM RESOLUTION of Support of CSRA Wounded Warrior Care Project Inc. Department:Commissioners Grantham and Hatney Caption:Motion to approve a Resolution of support for CSRA Wounded Warrior Care Project, Inc. and Augusta's unique qualifications to care for America's heroes. (Approved by Administrative Services Committee October 27, 2008) Background:The CSRA Wounded Warrior Care Project is dedicated to ensuring that every service man and woman has the best outcome possible including physical, mental, spiritual and vocational healing and to providing the family and community support necessary to make that happen. CSRA Wounded Warrior Care Project aims to expand and fully use the resources of local hospitals and treatment facilities, including Eisenhower Army Medical Center, the Charlie Norwood VA Medical Center (and its one-of-a- kind Active Duty Rehab Unit), the Medical College of Georgia and the MCG School of Nursing, Walton Rehabilitation Hospital, and both the existing Fisher House at Fort Gordon and the one to be built at the VAMC Uptown Division. Analysis:N/A Financial Impact:This is a Resolution of non-financial support. Alternatives:Not approve resolution Recommendation:Consider Resolution of Support. Funds are Available in the Following Accounts: None. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 17 RESOLUTION RESOLUTION OF SUPPORT FOR CSRA WOUNDED WARRIOR CARE 352-(&7 ,1& $1' $8*867$¶6 81,48( 48$/,),&$7,216 72&$5()25$0(5,&$¶6+(52(6 A RESOLUTION BYCOMMISSIONERS DON GRANTHAM AND J.R. HATNEY WHEREAS, the CSRA Wounded Warrior Care Project is dedicated to ensuring that every service man and woman has the best outcome possible including physical, mental, spiritual and vocational healing and to providing the family and community support necessary to make that happen, WHEREAS, CSRA Wounded Warrior Care Project has determined that Augusta, *HRUJLDLVXQLTXHO\TXDOLILHGWRSOD\DQHYHQODUJHUUROHLQFDULQJIRU$PHULFD¶VKHURHVWKDQLW has in the past by capitalizing on the synergy of private and governmental entities working in concert to form partnerships, relationships and collaborations that do not exist elsewhere in America, by identifying transitional, vocational rehabilitation and research opportunities, and by matching community volunteers with local needs for wounded warriors and their families; WHEREAS, CSRA Wounded Warrior Care Project aims to expand and fully use the resources of local hospitals and treatment facilities, including Eisenhower Army Medical Center, the Charlie Norwood VA Medical Center (and its one-of-a-kind Active Duty Rehab Unit), the Medical College of Georgia and the MCG School of Nursing, Walton Rehabilitation Hospital, and both the existing Fisher House at Fort Gordon and the one to be built at the VAMC Uptown Division; WHEREAS, the Augusta-Richmond County Commission is in support of our military, our war veterans and their families and the Commission supports the programs benefiting wounded warriors in Augusta, Georgia; WHEREAS, Augusta-Richmond County Commission provides non-financial support of this project and its purpose and plan to benefit wounded warriors and their families; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission that the CSRA Wounded Warrior Care Project is strongly supported by the Augusta-Richmond County Commission. Adopted this _______ day of October, 2008. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 Page 1 of 1 Item # 17 Commission Meeting Agenda 11/5/2008 2:00 PM Funding for Thermal Imaging Camera Department:Fire, Howard Willis ,Chief Caption:Motion to approve purchasing of Thermal Imaging Cameras with residual funding. Background:The Fire Department has recently completed the replacement of our self- contained breathing apparatus that is used by the firefighters. In the contract with the vendor, Hagemeyer of Augusta, they were required to purchase our old equipment that was being replaced. We have received a check for $50,375.00 for the purchase of this equipment.We are asking to use this funding for the purchase thermal imaging cameras to upgrade our existing equipment. Analysis:Thermal imaging cameras are used to locate victims within a structure where visibility is impaired due to smoke conditions within a structure that is involved in a fire. They are also used to locate hidden fires within the walls and ceilings of structures. The present equipment is becoming dated and has not kept pace with the improvement in the technology of the newer cameras. We are requesting to use the funding generated by the sale of our old breathing apparatus to fund the purchase of eight of these new cameras. Financial Impact:The cost for the purchase of eight units will be $6,295.00 per unit for a total of $50,360.00. Alternatives:None at this time. Recommendation:Approve the use of $50,375.00 from the sale of old breathing apparatus for the purchase of eight thermal imaging cameras. Funds are Available in the Following Accounts: If approved the $50,375.00 from the sale of old breathing apparatus will be placed in 274-03-4110 54.26120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 18 Attachment number 1 Page 1 of 1 Item # 18 Commission Meeting Agenda 11/5/2008 2:00 PM Motion to Approve Contract Award with McKnight Construction Co. for the Webster Detention Center Expansion Department:Richmond County Sheriff's Office Caption:Motion to approve award of a contract with McKnight Construction Co. for construction of the Webster Detention Center Expansion. Background:Three bids were received from pre-qualified bidders on October 9, 2008. The bids have been analyzed and McKnight Construction has been found to be the lowest responsive bidder. Analysis:McKnight’s bid has been thoroughly reviewed and they are the lowest responsive, responsible bidder. They are a local company, and are qualified to perform the work. Financial Impact:McKnight’s bid, inclusive of select alternates which are practical necessities, is $27,041,000.00. This is effectively within the budgeted cost (utilizing less than 3% of project contingencies). This scope of work will provide a new housing pod, along with a new medical/mental health facility and video visitation facility. Inclusion of the second (female) pod would raise the total contract amount to $32,991,000.00, and would require additional funding of $5.22M. Alternatives:Option A: Award contract of $27,041,000.00 to McKnight Construction, adding (1) new housing pod, new medical pod and new video visitation facility. Option B: Provide $5.22M in additional funding and award contract of $32,991,000.00 to McKnight Construction, adding (2) new housing pods, new medical pod and new video visitation facility. Recommendation:Award Contract to McKnight Construction Co. in amount stipulated in either Option A or Option B. Funds are Available in the Following Accounts: GL – 325-05-1130 / 206351101 GL - 325-05-1120 / 208251101 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 19 Clerk of Commission Cover Memo Item # 19 OWNER-CONTRACTOR AGREEMENT (DRAFT A) 00 52 00-1 OWNER-CONTRACTOR AGREEMENT (DRAFT A) 7+,6&216758&7,21&2175$&7 ³&RQWUDFW´ PDGHWKLV4th day of November, 2008, by and between McKnight Construction Co., Inc. ³&RQWUDFWRU´ ZKRVHDGGUHVVLV 635 NW Frontage Rd, Augusta, Georgia, 30907, and Augusta Richmond County, by and through the Augusta Richmond County &RPPLVVLRQIRUWKHEHQHILWRI5LFKPRQG&RXQW\6KHULII¶V2IILFH WITNESSETH, that the Contractor and the Owner, for the consideration set forth herein, the adequacy and sufficiency of which is hereby acknowledged by each party, agree as follows: Project Name and Description³Additions and Renovations WRWKH:HEVWHU'HWHQWLRQ&HQWHU´ which includes modifications to existing and erection of new detention facilities, at the Webster Detention Center in Augusta, Georgia KHUHLQDIWHUWKH³3URMHFW´  1. Existing Documents. The Contractor has reviewed and taken into consideration the Bidding Documents in preparing bid. 2. The Contract Sum: The Owner shall pay the Contractor for the performance of the contract, subject to additions and deductions provided by approved change orders, in current funds, the Contact Sum as follows: TWENTY-SEVEN MILLION FORTY-ONE THOUSAND DOLLARS ($27,041,000.00). 3. The Substantial Completion Date shall be achieved within 665 consecutive calendar days beginning the date specified in the Notice to Proceed. 4. The agreed daily amount for Liquidated Damages is: $1000.00 per day. 5. Notice. All notices in accordance with the General and Special Conditions of the Contract shall be given to the following addresses: CONTRACTOR: McKnight Construction Company, Inc. 635 Frontage Road Augusta, GA 30907 Attention: Pat Patrick Phone Number: (706) 863-7784 Facsimile Number: (706) 863.2031 OWNER: Augusta Richmond County Administrator 530 Greene Street Room 801 August, Georgia, 30911 Phone Number: (706) 821-2400 Facsimile Number: (706) 821-2819 Attachment number 1 Page 1 of 132 Item # 19 OWNER-CONTRACTOR AGREEMENT (DRAFT A) 00 52 00-2 CONSTRUCTION PROGRAM MANAGER: Heery International, Inc. 501 Greene Street, Suite 313 Augusta, GA 30901 Attn: Bob Munger Phone Number: (706) 842-5543 Facsimile Number: (706) 821-2484 ARCHITECT: KSGW 2500 Northwinds Parkway Suite 250 Alpharetta, GA 30004 Attn: Gregory Washington 770.619.5913 770.619.5919 ± Fax USING AGENCY: 5LFKPRQG&RXQW\6KHULII¶V2IILFH 401 Walton Way Augusta, GA 30911 Attn: Major Gene Johnson Phone Number: (706) 821-1113 Facsimile Number: (706) 821-1106 6. Scope of the Work: The Contractor shall furnish all equipment, materials and labor to perform all of the Work and do all things required by the Contract Documents. Specific Work tasks include : a. Within 14 calendar days of executed Agreement, submit General Work Plan to 2ZQHU¶V3URMHFW0DQDJHULQFOXGLQJVFKHGXOHGFRPSOHWLRQRIDOOPDMRUWDVNV b. 3UHSDUHD6DIHW\3ODQDQGVXEPLWWR2ZQHU¶V3URMHFW0DQDJHUZLWKLQGD\VRI executed Agreement. Plan should include emergency response procedures, discussion of potential hazards, etc. c. Attend Pre-Construction Conference with Owner Representatives. d. Obtain and pay for all required permits, taking into account all applicable laws and regulations. e. Erect new inmate housing pods, medical/mental health facility, video visitation facility and appurtenances, as required by the Contract Documents. f. Modify and renovate existing detention facilities, including but not limited to housing pods, kitchen and laundry facilities, as required by the Contract Documents. g. Install high-security fencing, and appurtenances and accessories, surrounding the detention center, as indicated by the Contact Documents All salvageable materials will become the property of the Contractor, unless specifically Attachment number 1 Page 2 of 132 Item # 19 OWNER-CONTRACTOR AGREEMENT (DRAFT A) 00 52 00-3 noted otherwise. 7. Schedule and Completion: The Work shall commence upon issuance of the Notice to Proceed and be completed within the time period specified herein and in accordance with the General Conditions of the Contract. 8. Periodic Progress Payments: The Owner shall make progress payments, less retainage, as set forth in the General Conditions of the Contract. Invoices shall be addressed to the Construction Program Manager. The terms of this instant agreement supersede any and all provisions of the Georgia Prompt Pay Act. 9. Payment for Substantial and Final Completion: The Owner shall make payments for Substantial Completion and Final Completion as set forth in the General Conditions of the Contract. 10. Contract Documents: This Contract, together with The Bidding Documents, General and Special Conditions of the Contract, constitute the Contract Documents for the Project. 11. Bonds. The Contractor shall furnish both a Performance Bond and a Payment Bond and shall pay the premiums thereon as a cost of the Work. The Performance Bond shall guarantee the full performance of the Contract. 12. Unit Prices: Should changes in the scope of Work be required, as related to the following, the cost of such changes shall be consistent with these unit prices: Item Description Unit Bid Unit Price 1 Machine excavate common earth or clay; deposit and compact elsewhere on site Cu. yd. $4.36 2 Stone backfill (no. 53 compacted in place) for trenches Cu. Yd. $39.24 3 Engineered backfill for undercut or over-excavated areas Cu. yd. $15.80 4 Removal of unsuitable soils Cu. Yd. $9.80 5 Rock removal Cu. Yd. $85.00 6 ¶KLJKSHULPHWHUVHFXULW\IHQFHFRPSOHWH LF $94.37 7 ¶KLJKSHULPHWHUVHFXULW\IHQFHFRPSOHWH LF $67.90 8 Fit-out of existing detention cells in existing pods Each $20,000.00 13. Applicable Law: This Contract and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 14. Dispute Resolution: Should mediation of disputes prove unsuccessful, the parties to this Agreement agree that the matter(s) in question will be decided in the Superior Court of Richmond County, Georgia. By signing this Agreement, the Design Consultant waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Attachment number 1 Page 3 of 132 Item # 19 OWNER-CONTRACTOR AGREEMENT (DRAFT A) 00 52 00-4 15. No Conflict of Interest: The Contactor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance required under this Contract. The Contractor further covenants that, in the performance of this Contract, it shall neither contract with nor employ any person having any such interest. 16. No Assignment: This Contract and the proceeds of this Contract may not be assigned or sublet as a whole, nor may the performance thereunder be assigned, without the prior written consent of the Owner. 17. No Waiver: The failure of the Owner at any time to require performance by the Contractor of any provision hereof, shall in no way affect the right of the Owner thereafter to enforce any provision or any part of the Contract, nor shall the failure of the Owner to enforce any breach of any provision hereof to be taken or held to be a waiver of such provision, or as a waiver, modification or rescission of the Contract itself. 18. Full Agreement: The Contract Documents superseded all prior negotiations, discussion, statements and agreements between the Owner and Contractor and constitute the full, complete, and entire agreement between Owner and Contractor. There can be no changes to this Contract by oral means, nor by course of conduct of the parties, nor by custom of the trade. No changes to this Contract will be binding on either party hereto unless such change is properly authorized, in writing, in accordance with Article GC-12 of the General Conditions. Attachment number 1 Page 4 of 132 Item # 19 OWNER-CONTRACTOR AGREEMENT (DRAFT A) 00 52 00-5 IN WITNESS WHEROF the parties hereto have executed this Contract the day and year first written above. C O N T R A C T O R McKnight Construction Company, Inc. ATTEST: a Georgia corporation __________________________ By:______________________________ __________________________ William D. McKnight, President Seal O W N E R ATTEST: Augusta Richmond County, a political Subdivision of the State of Georgia acting by and through the Augusta Richmond County Commission ____________________________ By:______________________________ Lena Bonner, Clerk of Commission Deke Copenhaver, Mayor Attachment number 1 Page 5 of 132 Item # 19 OWNER-CONTRACTOR AGREEMENT (DRAFT B) 00 52 00-1 OWNER-CONTRACTOR AGREEMENT (DRAFT B) 7+,6&216758&7,21&2175$&7 ³&RQWUDFW´ PDGHWKLVth day of November, 2008, by and between McKnight Construction Co., Inc. ³&RQWUDFWRU´ ZKRVHDGGUHVVLV1: Frontage Rd, Augusta, Georgia, 30907, and Augusta Richmond County, by and through the Augusta Richmond County Commission, for the benefit of Richmond County 6KHULII¶V2IILFH WITNESSETH, that the Contractor and the Owner, for the consideration set forth herein, the adequacy and sufficiency of which is hereby acknowledged by each party, agree as follows: Project Name and Description³Additions and Renovations WRWKH:HEVWHU'HWHQWLRQ&HQWHU´ which includes modifications to existing and erection of new detention facilities, at the Webster Detention Center in Augusta, Georgia KHUHLQDIWHUWKH³3URMHFW´  1. Existing Documents. The Contractor has reviewed and taken into consideration the Bidding Documents in preparing bid. 2. The Contract Sum: The Owner shall pay the Contractor for the performance of the contract, subject to additions and deductions provided by approved change orders, in current funds, the Contact Sum as follows: THIRTY-TWO MILLION NINE HUNDRED NINETY-ONE THOUSAND DOLLARS ($32,991,000.00). 3. The Substantial Completion Date shall be achieved within 665 consecutive calendar days beginning the date specified in the Notice to Proceed. 4. The agreed daily amount for Liquidated Damages is: $1000.00 per day. 5. Notice. All notices in accordance with the General and Special Conditions of the Contract shall be given to the following addresses: CONTRACTOR: McKnight Construction Company, Inc. 635 Frontage Road Augusta, GA 30907 Attention: Pat Patrick Phone Number: (706) 863-7784 Facsimile Number: (706) 863.2031 OWNER: Augusta Richmond County Administrator 530 Greene Street Room 801 August, Georgia, 30911 Phone Number: (706) 821-2400 Facsimile Number: (706) 821-2819 Attachment number 1 Page 6 of 132 Item # 19 OWNER-CONTRACTOR AGREEMENT (DRAFT B) 00 52 00-2 CONSTRUCTION PROGRAM MANAGER: Heery International, Inc. 501 Greene Street, Suite 313 Augusta, GA 30901 Attn: Bob Munger Phone Number: (706) 842-5543 Facsimile Number: (706) 821-2484 ARCHITECT: KSGW 2500 Northwinds Parkway Suite 250 Alpharetta, GA 30004 Attn: Gregory Washington 770.619.5913 770.619.5919 ± Fax USING AGENCY: 5LFKPRQG&RXQW\6KHULII¶V2IILFH 401 Walton Way Augusta, GA 30911 Attn: Major Gene Johnson Phone Number: (706) 821-1113 Facsimile Number: (706) 821-1106 6. Scope of the Work: The Contractor shall furnish all equipment, materials and labor to perform all of the Work and do all things required by the Contract Documents. Specific Work tasks include : h. Within 14 calendar days of executed Agreement, submit General Work Plan to 2ZQHU¶V3URMHFW0DQDJHULQFOXGLQJVFheduled completion of all major tasks. i. 3UHSDUHD6DIHW\3ODQDQGVXEPLWWR2ZQHU¶V3URMHFW0DQDJHUZLWKLQGD\VRI executed Agreement. Plan should include emergency response procedures, discussion of potential hazards, etc. j. Attend Pre-Construction Conference with Owner Representatives. k. Obtain and pay for all required permits, taking into account all applicable laws and regulations. l. Erect new inmate housing pods, medical/mental health facility, video visitation facility and appurtenances, as required by the Contract Documents. m. Modify and renovate existing detention facilities, including but not limited to housing pods, kitchen and laundry facilities, as required by the Contract Documents. n. Install high-security fencing, and appurtenances and accessories, surrounding the detention center, as indicated by the Contact Documents All salvageable materials will become the property of the Contractor, unless specifically Attachment number 1 Page 7 of 132 Item # 19 OWNER-CONTRACTOR AGREEMENT (DRAFT B) 00 52 00-3 noted otherwise. 7. Schedule and Completion: The Work shall commence upon issuance of the Notice to Proceed and be completed within the time period specified herein and in accordance with the General Conditions of the Contract. 8. Periodic Progress Payments: The Owner shall make progress payments, less retainage, as set forth in the General Conditions of the Contract. Invoices shall be addressed to the Construction Program Manager. The terms of this instant agreement supersede any and all provisions of the Georgia Prompt Pay Act. 9. Payment for Substantial and Final Completion: The Owner shall make payments for Substantial Completion and Final Completion as set forth in the General Conditions of the Contract. 10. Contract Documents: This Contract, together with The Bidding Documents, General and Special Conditions of the Contract, constitute the Contract Documents for the Project. 11. Bonds. The Contractor shall furnish both a Performance Bond and a Payment Bond and shall pay the premiums thereon as a cost of the Work. The Performance Bond shall guarantee the full performance of the Contract. 12. Unit Prices: Should changes in the scope of Work be required, as related to the following, the cost of such changes shall be consistent with these unit prices: Item Description Unit Bid Unit Price 1 Machine excavate common earth or clay; deposit and compact elsewhere on site Cu. yd. $4.36 2 Stone backfill (no. 53 compacted in place) for trenches Cu. Yd. $39.24 3 Engineered backfill for undercut or over-excavated areas Cu. yd. $15.80 4 Removal of unsuitable soils Cu. Yd. $9.80 5 Rock removal Cu. Yd. $85.00 6 ¶KLJKSHULPHWer security fence, complete LF $94.37 7 ¶KLJKSHULPHWHUVHFXULW\IHQFHFRPSOHWH LF $67.90 8 Fit-out of existing detention cells in existing pods Each $20,000.00 13. Applicable Law: This Contract and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 14. Dispute Resolution: Should mediation of disputes prove unsuccessful, the parties to this Agreement agree that the matter(s) in question will be decided in the Superior Court of Richmond County, Georgia. By signing this Agreement, the Design Consultant waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Attachment number 1 Page 8 of 132 Item # 19 OWNER-CONTRACTOR AGREEMENT (DRAFT B) 00 52 00-4 15. No Conflict of Interest: The Contactor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance required under this Contract. The Contractor further covenants that, in the performance of this Contract, it shall neither contract with nor employ any person having any such interest. 16. No Assignment: This Contract and the proceeds of this Contract may not be assigned or sublet as a whole, nor may the performance thereunder be assigned, without the prior written consent of the Owner. 17. No Waiver: The failure of the Owner at any time to require performance by the Contractor of any provision hereof, shall in no way affect the right of the Owner thereafter to enforce any provision or any part of the Contract, nor shall the failure of the Owner to enforce any breach of any provision hereof to be taken or held to be a waiver of such provision, or as a waiver, modification or rescission of the Contract itself. 18. Full Agreement: The Contract Documents superseded all prior negotiations, discussion, statements and agreements between the Owner and Contractor and constitute the full, complete, and entire agreement between Owner and Contractor. There can be no changes to this Contract by oral means, nor by course of conduct of the parties, nor by custom of the trade. No changes to this Contract will be binding on either party hereto unless such change is properly authorized, in writing, in accordance with Article GC-12 of the General Conditions. Attachment number 1 Page 9 of 132 Item # 19 OWNER-CONTRACTOR AGREEMENT (DRAFT B) 00 52 00-5 IN WITNESS WHEROF the parties hereto have executed this Contract the day and year first written above. C O N T R A C T O R McKnight Construction Company, Inc. ATTEST: a Georgia corporation __________________________ By:______________________________ __________________________ William D. McKnight, President Seal O W N E R ATTEST: Augusta Richmond County, a political Subdivision of the State of Georgia acting by and through the Augusta Richmond County Commission ____________________________ By:______________________________ Lena Bonner, Clerk of Commission Deke Copenhaver, Mayor Attachment number 1 Page 10 of 132 Item # 19 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION HI/201/LF Attachment number 1 Page 11 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-TOC-1 HI/201/LF TABLE OF CONTENTS ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITIONS ........................................................................................................ 1 1.2 EXECUTION, CORRELATION AND INTENT ....................................................... 8 1.3 OWNERSHIP AND USE OF DOCUMENTS ....................................................... 12 ARTICLE 2 DESIGN CONSULTANT 2.1 DEFINITIONS ...................................................................................................... 12 2.2 SERVICES OF THE DESIGN CONSULTANT .................................................... 13 ARTICLE 3 OWNER 3.1 DEFINITIONS ...................................................................................................... 15 3.2 CONSTRUCTION PROGRAM MANAGER ......................................................... 15 3.3 INFORMATION, SERVICES AND RIGHTS OF THE OWNER ........................... 15 3.4 DIFFERING SITE CONDITIONS ......................................................................... 17 3.5 OWNER฀’S RIGHT TO STOP OR TO SUSPEND THE WORK............................ 19 3.6 OWNER฀’S RIGHT TO CARRY OUT THE WORK AND DIRECT OVERTIME .......................................................................................................... 20 3.7 RIGHT TO AUDIT AND PRESERVATION OF RECORDS ................................. 21 ARTICLE 4 CONTRACTOR 4.1 DEFINITIONS ...................................................................................................... 22 4.2 REVIEW AND MAINTENANCE OF CONTRACT DOCUMENTS ....................... 23 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES ................................... 23 4.4 CONTRACTOR REPRESENTATIONS AND WARRANTIES AS TO PERFORMANCE ........................................................................................... 25 4.5 LABOR AND MATERIALS ................................................................................... 27 4.6 CONTRACTOR฀฀ ฀S฀ ฀W฀A฀R฀R฀A฀N฀T฀Y฀ ฀A฀S฀ ฀T฀O฀ ฀M฀A฀T฀E฀R฀I฀A฀L฀S฀ ฀A฀N฀D WORKMANSHIP .................................................................................................. 29 4.7 UNCOVERING AND CORRECTION OF WORK ................................................ 30 4.8 TAXES ................................................................................................................ 31 4.9 PERMITS, FEES AND NOTICES ........................................................................ 31 4.10 ALLOWANCES .................................................................................................... 32 4.11 CONSTRUCTION SCHEDULE ........................................................................... 32 4.12 RESPONSIBILITY FOR COMPLETION .............................................................. 33 4.13 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES ..................................... 34 4.14 EQUAL PRODUCTS AND SUBSTITUTIONS ..................................................... 37 4.15 USE OF SITE ....................................................................................................... 39 4.16 CUTTING AND PATCHING OF WORK ............................................................... 40 4.17 CLEANING UP ..................................................................................................... 40 4.18 COMMUNICATIONS............................................................................................ 41 4.19 ROYALTIES AND PATENTS ............................................................................... 41 4.20 IDEMNIFICATION ................................................................................................ 41 4.21 PERSONS AUTHORIZED TO SIGN DOCUMENTS AND MAKE DECISIONS FOR CONTRACTOR ...................................................................... 42 4.22 CONDITIONS AFFECTING THE WORK............................................................. 42 4.23 TESTS ................................................................................................................ 42 4.24 QUALITY CONTROL ........................................................................................... 44 Attachment number 1 Page 12 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-TOC-2 ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS ...................................................................................................... 45 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR FOR PORTIONS OF THE WORK ....................................................................... 45 5.3 SUBCONTRACT RELATIONS ............................................................................ 47 5.4 QUALIFICATION SUBMITTALS .......................................................................... 48 5.5 PREPARATORY WORK ...................................................................................... 48 5.6 PAYMENTS TO SUBCONTRACTORS ............................................................... 49 ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER¶S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS .................................................................................. 49 6.2 MUTUAL RESPONSIBILITY ................................................................................ 49 6.3 OWNER¶S RIGHT TO PERFORM DISPUTED WORK ....................................... 51 6.4 COORDINATION OF THE WORK ....................................................................... 52 ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW .............................................................................................. 54 7.2 SUCCESSORS AND ASSIGNS .......................................................................... 54 7.3 PERSONAL INJURY AND PERSONAL AND REAL PROPERTY DAMAGE CLAIMS ............................................................................................... 54 7.4 PERFORMANCE BOND, LABOR AND MATERIAL PAYMENT BOND AND MAINTENANCE BOND ................................................................... 54 7.5 RIGHTS AND REMEDIES ................................................................................... 55 7.6 ATTORNEY¶S FEES AND OTHER EXPENSES ................................................. 56 7.7 NOTICE ................................................................................................................ 56 7.8 DISPUTE RESOLUTION ..................................................................................... 57 7.9 ORGANIZED LABOR AGREEMENTS ................................................................ 58 ARTICLE 8 TIME 8.1 DEFINITIONS ...................................................................................................... 59 8.2 PROGRESS AND COMPLETION ....................................................................... 59 8.3 DELAYS AND EXTENSIONS OF TIME .............................................................. 60 8.4 LIQUIDATED DAMAGES FOR DELAY ............................................................... 64 ARTICLE 9 PAYMENTS AND COMPLETION 9.1 DEFINITION ......................................................................................................... 65 9.2 VALUES OF CONSTRUCTION ACTIVITIES ...................................................... 65 9.3 APPLICATIONS FOR PAYMENT ........................................................................ 65 9.4 CERTIFICATES FOR PAYMENT ........................................................................ 66 9.5 PROGRESS PAYMENTS .................................................................................... 67 9.6 PAYMENTS WITHHELD ..................................................................................... 68 9.7 FAILURE OF PAYMENT ..................................................................................... 69 9.8 PARTIAL UTILIZATION AND OCCUPANCY BY OWNER.................................. 70 9.9 SUBSTANTIAL COMPLETION ............................................................................ 70 9.10 FINAL COMPLETION AND FINAL PAYMENT .................................................... 71 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 RESPONSIBILITY FOR SAFETY AND HEALTH ................................................ 73 10.2 SAFETY OF PERSONS AND PROPERTY ......................................................... 74 Attachment number 1 Page 13 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-TOC-3 10.3 EMERGENCIES ................................................................................................... 77 10.4 EFFECT OF SUBMISSION OF CONTRACTOR฀ S SAFETY PLAN .................. 77 10.5 FAILURE OF COMPLIANCE ............................................................................... 77 ARTICLE 11 INSURANCE 11.1 CONTRACTOR’S LIABILITY INSURANCE ......................................................... 78 11.2 PROPERTY INSURANCE ................................................................................... 79 11.3 EFFECT OF SUBMISSION OF CERTIFICATES ................................................ 80 11.4 FAILURE OF COMPLIANCE ............................................................................... 80 11.5 OWNER’S INSURANCE ...................................................................................... 80 ARTICLE 12 CHANGES IN THE WORK 12.1 CHANGE ORDERS ............................................................................................. 81 12.2 OWNER DIRECTED CHANGES REQUIRING AN INCREASE IN CONTRACT SUM ................................................................................................ 81 12.3 CHANGES REQUIRING A DECREASE IN CONTRACT SUM OR CONTRACT TIME ................................................................................................ 84 12.4 CONTRACTOR NOTICE OF CHANGE............................................................... 84 12.5 DISPUTES REGARDING CHANGES ................................................................. 85 12.6 COST OF THE WORK ......................................................................................... 85 12.7 GENERAL PROVISIONS RELATED TO CHANGES .......................................... 88 ARTICLE 13 SCHEDULES & REPORTS 13.1 GENERAL REQUIREMENTS .............................................................................. 89 13.2 POST AWARD ACTIVITIES ................................................................................ 92 13.3 DRAFT OF CONSTRUCTION SCHEDULE ........................................................ 93 13.4 CONSTRUCTION SCHEDULE ........................................................................... 93 13.5 SCHEDULE OF VALUES .................................................................................... 94 13.6 CONSTRUCTION SCHEDULE CONTENT ......................................................... 94 13.7 CONTRACTOR APPROVAL AND CERTIFICATION .......................................... 95 13.8 UPDATING OF CONSTRUCTION SCHEDULE/PROGRESS REPORTS ............................................................................................................ 95 13.9 INITIAL PROGRESS PAYMENT ......................................................................... 97 13.10 RECOVERY SCHEDULE .................................................................................... 97 13.11 SCHEDULE REVISIONS ..................................................................................... 98 13.12 FLOAT TIME ........................................................................................................ 98 13.13 CONTRACTOR’S ORGANIZATION .................................................................... 99 13.14 DEFAULT ............................................................................................................. 99 ARTICLE 14 TERMINATION OF THE WORK 14.1 TERMINATION DUE TO WORK STOPPAGE .................................................... 99 14.2 TERMINATION FOR CONVENIENCE OF THE OWNER ................................. 100 14.3 DEFAULT TERMINATION ................................................................................. 100 14.4 ALLOWABLE TERMINATION COSTS .............................................................. 101 14.5 GENERAL TERMINATION PROVISIONS ........................................................ 103 Attachment number 1 Page 14 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-1 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1.1 ADDENDA: Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change any part of the Bidding Documents or of the Contract Documents. 1.1.2 AGREEMENT: The written agreement between Owner and Contractor (also referred to as the Owner-Contractor Agreement) covering the Work to be performed. 1.1.3 APPLICATION FOR PAYMENT: The document used by Contractor in requesting progress or final payments including such supporting documentation as is required by the Contract Documents. 1.1.4 AS SHOWN, AS INDICATED, AS DETAILED: These words, and words of like implication, refer to information contained in the Contract Documents which describes the Work, unless explicitly stated otherwise. 1.1.5 BID: A complete and properly executed Bid Form and supporting data, conforming to and complying with all of the requirements of the form as well as the requirements of the Instruction For Bidders, Supplemental Instructions to Bidders and the proposed Contract Documents, whereby a Bidder proposes to do the Work or designated portion thereof for the sums stipulated therein. The word "Bid" may also, in context, mean a "Proposal" as defined herein. 1.1.6 BIDDER: Any person, individual, company, corporation, partnership, joint venture or other entity who submits a bid to the Owner for the Work, as distinct from a sub-bidder who submits a bid to a Bidder. 1.1.7 BIDDING DOCUMENTS: The Invitation to Bid, Instructions to Bidders, Sample Forms, Proposal, the Bid Bond, the Provisional Preliminary Network, all Conditions of the Contract, Specifications, Drawings, and Addenda issued prior to receipt of bids by Owner. 1.1.8 BONDS: Attachment number 1 Page 15 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-2 Bid bond, performance and payment bonds, maintenance bonds and other instruments of surety. 1.1.9 CHANGE ORDER: A written order of the Owner which authorizes an addition, deletion, or revision in the Work or Contract Documents and may include an adjustment in the Contract Price, the Contract Time or Specific Dates, which is issued on or after the Effective Date of the Agreement. 1.1.10 CONSTRUCTION PROGRAM MANAGER: The Construction Program Manager is Heery International, Inc. The Construction Program Manager is the Owner's exclusive representative and agent to the Contractor with respect to the Project during the construction and until the issuance of the final Certificate for Payment. The term Construction Program Manager is referred to throughout the Contract Documents as if singular in number and masculine in gender. 1.1.11 CONTRACT DOCUMENTS: The Contract Documents consist of the Owner-Contractor Agreement (or herein "Agreement"), the Conditions of the Contract (General, Supplementary, Special and all other conditions), the Drawings, the Specifications, and all Addenda issued prior to execution of the Contract, written amendments to the Contract signed by both parties, Change Orders issued in accordance with the provisions of Article 12 hereof, and written interpretations or clarifications issued by the Design Consultant pursuant to Subparagraph 2.2.6 or by the Construction Program Manager pursuant to Subparagraph 3.3.14. The Contract Documents also include the Bidding Documents, the Contractor's Bid or Proposal (including required documentation accompanying the Bid or Proposal Form submitted by Contractor and any required post-bid documentation submitted prior to the Notice of Award); provided, however, that the Contract Documents do not include any exceptions to or modifications made by Contractor to the Bidding Documents which are not called for by the bidding or proposal requirements and which are not approved by the Owner in writing prior to Notice of Award. The Contract Documents do not include any other documents, including, but not limited to, soils, geological or other reports, surveys and analyses, which may be printed, bound or assembled with the Contract Documents, or otherwise made available to the Contractor for review or information under this Contract. The fact a particular document or page is printed, bound or assembled with the Contract Documents, as specifically defined herein, at the time of bid, does not make such document or page a part of the Contract Documents unless the document or page is a part of those items specifically enumerated in the Contract Documents as being part thereof. 1.1.12 CONTRACT: The Contract is the sum of all the Contract Documents. The Contract may be amended or modified only by a written amendment to the Contract signed by both parties, a Change Order issued in accordance with the provisions of Article 12 hereof, a written interpretation or clarification issued by the Design Consultant pursuant to Subparagraph 2.2.6 or by the Construction Program Manager pursuant to Subparagraph 3.3.14, or a written order by the Owner for a Minor Change in the Work issued in accordance with Paragraph 12.7 hereof. Attachment number 1 Page 16 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-3 1.1.13 CONTRACT PRICE OR SUM: The moneys payable by Owner to Contractor pursuant to the Contract Documents. 1.1.14 CONTRACT TIME: The number of days or period of time allotted in the Contract Documents for Final Completion of the Work, including authorized adjustments thereto. 1.1.15 CONTRACTOR: The Contractor is the person or organization identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Contractor" means the Contractor or his authorized representatives, who have authority to bind the Contractor in all matters pertinent to this Contract and any Subcontractor, Sub-Subcontractor or Supplier with whom Contractor has a contract for the performance of any portion of the Work. 1.1.16 DEFECTIVE: An adjective, which, when modifying the word "Work", refers to Work that is unsatisfactory, faulty, deficient, does not conform to the Contract Documents, does not meet the requirements of the Owner's or any other required inspection, referenced standard, test, or approval referred to in the Contract Documents, or has been damaged prior to Construction Program Manager's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Article 9 hereof). 1.1.17 DESIGN CONSULTANT: The terms "Design Consultant", "A/E", "Architect", or "Engineer" as used or set forth in the Contract Documents shall mean the entity and their consulting firms or agencies, their employees and sub-consultants, or their duly authorized representatives, that are responsible for designing or engineering the Work, and performing the activities specified herein, as identified in the Agreement, including any consulting engineers or subcontractors to said entities or firms. Such firms or agencies and their representatives shall act jointly and severally within the scope of the particular duties entrusted to them, unless otherwise provided for in the Contract. The Design Consultant is identified in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The Design Consultant is further described throughout this document, and shall mean, one or both of the following: 1.1.17.1 ARCHITECT: A person or other legal entity lawfully licensed to practice architecture in the state wherein the Project is located and engaged by Owner or Engineer for the Project. 1.1.17.2 ENGINEER: A person or other legal entity lawfully licensed to practice engineering in the state wherein the Project is located and engaged by Owner or Architect for the Project. 1.1.18 DAY, DATE: Whenever the word "day" is used in the Contract Documents, it shall mean a calendar day unless otherwise specifically provided. All dates set forth in the Contract Documents Attachment number 1 Page 17 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-4 shall begin at 12:01 a.m. of the indicated day, and shall end at midnight of that day, unless otherwise stipulated. 1.1.19 DIRECTED, REQUIRED, ACCEPTABLE: When these words refer to the Work or its performance, "directed," "required," "permitted," "ordered," "designated," "prescribed," and words of like implication, mean, in context, "by direction of," "requirements of," "permission of," "order of," "designation of," or "prescription of" the Owner, Construction Program Manager or Design Consultant. Likewise, "acceptable," "satisfactory," "in the judgment of," and words of like import, mean "recommended by," "acceptable to," "satisfactory to," "approved by," "in the judgment of the Owner, Construction Program Manager or Design Consultant." 1.1.20 DRAWINGS: The drawings which show the character, nature and scope of the Work to be performed and which have been prepared or approved by Design Consultant and are referred to in the Contract Documents. 1.1.21 EFFECTIVE DATE OF THE AGREEMENT: The date indicated in the Agreement on which it becomes effective. If no such date is indicated, it means the date of the Notice to Proceed to Contractor or the effective date set forth in such Notice to Proceed. 1.1.22 FINAL COMPLETION: Final Completion of the Work is the date certified by the Construction Program Manager, the Design Consultant and Owner when the Work is totally complete in accordance with the Contract Documents and Contractor has fulfilled all obligations thereunder, including, but not limited to all Punch List work, in accordance with the Contract Documents; and the Owner may fully occupy and utilize all of the Work for the use for which it is intended. 1.1.23 FURNISH AND INSTALL, PROVIDE: The terms "Furnish and Install" and "Provide", unless specifically limited in context, mean: furnishing, installing or incorporating a specified item, product or material in the Work, including all necessary labor, materials and equipment necessary to perform the Work required, ready for use, complete in all respects. 1.1.24 LAWS, REGULATIONS: Laws, rules, regulations, ordinances, codes, or orders of a public authority having jurisdiction of the Work or Project. 1.1.25 MANUALS: Except as provided in Subparagraph 1.1.37, the word "Manuals" means manufacturer's installation, start-up, operating, maintenance and repair instructions, together with parts lists, pictures, sketches and diagrams which set forth the manufacturer's requirements. 1.1.26 MANUFACTURER: Any person or entity who manufactures, fabricates, or assembles a product to be incorporated in the Work. Attachment number 1 Page 18 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-5 1.1.27 MATERIAL SUPPLIER, SUPPLIER, VENDOR: Any person or entity who supplies, but who is not responsible for the installation of materials, products or equipment for the Work. 1.1.28 NOTICE: The word "Notice" as used in the Contract Documents shall mean and require written Notice. There is a presumption that written Notice was received by the party to whom it was sent, when same was delivered to or at the last known business address of the person, firm or corporation for whom the Notice is intended, or to his duly authorized agent, representative or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mailbox. 1.1.29 NOTICE OF AWARD: The written Notice by Owner or Construction Program Manager to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. 1.1.30 NOTICE TO PROCEED: A written Notice given by Owner or Construction Program Manager to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform Contractor's obligations under the Contract Documents. A Notice to Proceed may be issued separately for the commencement of portions of the Work. 1.1.31 OWNER: The Owner is the person or entity identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Owner" means the Owner or his authorized representative or agent. 1.1.32 PARTIAL UTILIZATION: Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. 1.1.33 PLANS OR DRAWINGS: All drawings or reproduction of drawings pertaining to the Work, which are part of the Contract Documents. 1.1.34 PRODUCT: Purchased items, articles, devices or fixtures for incorporation into the Work, regardless of whether specifically purchased for the Project or taken from Contractor's stock of previously purchased Products. The term also includes "materials," which are defined as Products which must be substantially cut, shaped, worked, mixed, finished, refined, or otherwise fabricated, processed, installed, or applied to form units of work. The term also includes "equipment," which is defined as Products with operational parts, regardless of whether motorized or manually operated, and particularly including products with service connections (wiring, piping, etc.). The term "Product" is also extended to include, without Attachment number 1 Page 19 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-6 negating its distinctive meaning, other terms used in Contract Documents such as "specialties," "systems," structure," "finishes," "accessories," "furnishings," "special construction," and similar terms which are self-explanatory and which have recognized meanings in the construction industry. 1.1.35 PRODUCT DATA: Illustrations, standard schedules, performance charts, instructions, brochures, diagrams or other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 1.1.36 PROJECT: The total construction, of which the Work to be provided under the Contract Documents by Contractor may be the whole, or a part thereof as set forth in the Contract Documents. 1.1.37 PROJECT MANUAL: The Project Manual includes all Contract Documents except for the Drawings, which are listed therein. 1.1.38 PROPOSAL: A complete and properly executed Form of Proposal, conforming to all requirements of the Bidding Documents, whereby a person or entity proposes to do the Work or designated portion thereof for the sums stipulated therein, supported by all required data. The word "Proposal" may also, in context, mean a "Bid" as defined herein. 1.1.39 PUNCH LIST: A list, prepared during performance or near the completion of the Work, or designated portion thereof, indicating items to be furnished, performed, completed or corrected by Contractor in accordance with the Contract Documents. 1.1.40 RECORD DRAWINGS: Drawings revised to show Changes made during the performance of the Work; usually based upon marked-up prints, Drawings and other data furnished by the Contractor or the Design Consultant. 1.1.41 SAMPLES: Physical examples furnished by Contractor, which illustrate materials, equipment or workmanship and, if in conformance with the Contract Documents, establish standards by which the Work will be judged. 1.1.42 SHOP DRAWINGS: Drawings, diagrams, illustrations, schedules or other data which are specifically prepared by or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, specifications, instructions, diagrams, and other information prepared by a Supplier or Manufacturer and submitted by Contractor to illustrate material or equipment for some portion of the Work. 1.1.43 SPECIFICATIONS: Attachment number 1 Page 20 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-7 Those portions of the Contract Documents consisting of written technical descriptions, provisions or requirements pertaining to the materials and workmanship applicable to the Work to be performed under the Contract Documents, including, but not limited to, the quantities or quality of materials, equipment, construction systems or applications. 1.1.44 SPECIFIC DATES: Specific Dates are dates set forth in the Contract Documents, in addition to the Notice to Proceed and Contract Time, by which Contractor agrees to complete parts, portions, systems, components of the Work or the Work itself. Specific Dates are the last acceptable dates for the Substantial Completion of the stated items or portions of the Work. 1.1.45 SUBCONTRACTOR: A Subcontractor is a person or entity who has a contract directly with the Contractor to perform any portion of the Work. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative (and, by definition, any Sub-Subcontractor or Supplier with whom a Subcontractor has a contract to perform any portion of the Work). The term "Subcontractor" does not include any separate contractor (or his subcontractors) not in direct contract with Contractor. 1.1.46 SUB-SUBCONTRACTOR: A Sub-Subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform any portion of the Work and includes, by definition, any Supplier or Subcontractor with whom Sub-Subcontractor has a contract to perform any portion of the Work. The term "Sub-Subcontractor" is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub-Subcontractor or an authorized representative thereof. 1.1.47 SUBSTANTIAL COMPLETION: The progression of the Work (or a specified part thereof) to the point where, in the opinion of Construction Program Manager, Design Consultant and Owner, it is complete (except for minor punch list items) in accordance with the Contract Documents, so that the Work (or specified part) can be fully utilized for the purposes for which it is intended, with all of the Project's parts and systems operable as required by the Contract Documents. The terms "substantially complete" and "substantially completed", as applied to any portion or the whole of the Work, refer to Substantial Completion thereof. 1.1.48 SUBSTITUTIONS: Products or forms or types of construction which are not identified on Drawings or in Specifications as acceptable and which have been proposed by Contractor to replace specified Products or forms or types of construction. Any Changes made in Contract Documents as a result of requests made by Design Consultant or Owner are not within the definition of "Substitutions". 1.1.49 SUPPLEMENTARY CONDITIONS, SPECIAL CONDITIONS: Those parts of the Contract Documents which amend or supplement these General Conditions and other requirements of the Contract Documents. Attachment number 1 Page 21 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-8 1.1.50 UNDERGROUND FACILITIES OR UTILITIES: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish, among other things, any of the following services or materials: electricity, gases, water, steam, liquid petroleum products, telephone or other communications, cable television, sewage or drainage removal, traffic, or other control systems. 1.1.51 WORK: The Work comprises the construction and other requirements of the Contract Documents and includes all labor, material, equipment, supplies and all facilities or things necessary thereto or a part thereof. 1.2 EXECUTION, CORRELATION AND INTENT: 1.2.1 Within five (5) days of receipt by Contractor from Owner of three unsigned counterparts of the Agreement and all other Contract Documents, Contractor shall sign and deliver at least three counterparts of the Agreement to Owner with all other Contract Documents attached. After receipt thereof, Owner will deliver a fully signed counterpart to Contractor. Each copy so executed shall be deemed an original, but all of which shall constitute one and the same instrument. If either the Owner or the Contractor or both do not sign the Conditions of the Contract, Drawings, Specifications, or any of the other Contract Documents, the Construction Program Manager shall identify such Documents. 1.2.2 By signing the Agreement, Contractor has made and confirmed representations and warranties to the Owner as set forth in Paragraph 4.4 hereof, upon which Owner has relied in signing the Agreement. 1.2.3 The Contract Documents comprise the entire agreement between Owner and Contractor concerning and relating in any way to the Work; any preceding or prior discussions, negotiations, representations and any oral or written agreements or understandings between Owner and Contractor are merged herein and are hereby superseded and voided unless specifically adopted by reference and made a part of the Contract Documents. 1.2.4 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents are to be interpreted and read as a whole, and all parts thereof are to be interpreted together. Effect shall be given to all parts of the Contract, and an interpretation which gives a reasonable meaning to all of the Contract's provisions shall be preferred to one which leaves a portion of the Contract useless or inexplicable. 1.2.4.1 It is the intent of the Contract Documents to include all items necessary for the proper execution and coordination of the Work and to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents, including all alternates accepted by the Owner, including all actions necessary and required to provide all labor, plant, materials, supplies, equipment, transportation, facilities, and appurtenances which are indicated or implied by, or reasonably inferable from, each Drawing and each page of the Specifications, all of which are collectively necessary and required for the completion of the Work. Performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. Attachment number 1 Page 22 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-9 1.2.4.2 Anything shown on the drawings and not mentioned in the specifications, or mentioned in the specifications and not shown on the drawings, shall have the same effect as if shown or mentioned respectively in both. Any work shown on one drawing shall be construed to be shown in all drawings, and Contractor will coordinate the Work and the drawings. .1 Before making his proposal or bid to the Owner, and continuously after signing the Agreement, the Contractor shall carefully study and compare the Contract Documents and shall at once report to the Owner through the Construction Program Manager any error, inconsistency, omission, ambiguity, discrepancy, conflict or variance he may discover, including any requirement which may be contrary to any law, code, ordinance, rule, regulation or order of any public authority being applicable to the performance of the Work. By submitting his proposal or bid for the Work hereunder, Contractor agrees that the Contract Documents appear accurate, consistent, and complete insofar as can reasonably be determined. .2 If any portion of the Contract Documents shall be in conflict with any other portion after the application of the rules of interpretation set forth in this Paragraph 1.2, the various documents comprising the Contract Documents shall govern in the order of precedence as herein set forth according to their latest date of execution: written interpretation or clarification by the Design Consultant issued pursuant to Subparagraph 2.2.6 or by the Construction Program Manager pursuant to Subparagraph 3.3.14; Change Orders; written amendment to the Owner-Contractor Agreement; the Owner-Contractor Agreement; Addenda; Special Conditions; Supplementary Conditions; General Conditions. The Specifications take precedence over Drawings for the specific type or quality of materials or the quality of installation; the Drawings take precedence over the Specifications with regard to quantities, locations or detail of installation; as between schedules and general notes given on Drawings, the general notes shall take precedence; as between general notes given on the Drawings and specific, detailed notes, the latter shall take precedence; as between large-scale Drawings and small-scale Drawings, the larger scale shall take precedence. Specifications having greater detail or specificity take priority over specifications of lesser detail or specificity; and details take precedence over general drawings. Contractor agrees that he is not entitled to and will not submit any request for any claim, cause of action or time extension relating to any alleged error, inconsistency, omission, ambiguity, discrepancy, conflict or variance that is resolved by the application of the foregoing order of precedence of the Contract Documents; Contractor hereby waives any such claims or causes of action, and covenants not to sue and to indemnify and hold Owner, the Construction Program Manager and the Design Consultant harmless with regard to any such claim. 1.2.5 Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings unless otherwise specifically defined herein. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit, interpret or modify the interpretation of the provisions to which they refer. 1.2.6 Reference in the Contract Documents to standard or published specifications or manuals of any manufacturer, society, organization, association, or to any code or other published standard, or to the laws or regulations of any governmental authority, whether such reference be specific, by implication or by operation of law, shall mean the latest standard specification, manual, code, or laws or regulations in effect at the time of opening of Bids (or, on the effective Date of the Agreement if there were no bids), except Attachment number 1 Page 23 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-10 as may be otherwise specifically stated in the Contract Documents. Contractor, if requested, shall furnish an affidavit from the manufacturer certifying that materials, equipment or products delivered to the project comply with all standards and requirements specified in the Contract Documents or required by referenced standards, codes or documents. In case of a conflict between any referenced standard or code or other document and the specifications for the Work, the more stringent requirement shall govern. However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of Owner, Contractor, Construction Program Manager, or Design Consultant, or any of his consultants, agents, or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to Construction Program Manager or Design Consultant, or any of Construction Program Manager's or Design Consultant's consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of The Contract Documents. 1.2.7 The organization of the Specifications into divisions, sections and articles, and the arrangement of Drawings is for clarity only, and shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. The Contractor may subcontract the Work in such divisions as he sees fit; Contractor is responsible for furnishing all the Work required by the Contract Documents regardless of the divisions Contractor may make in the Work. 1.2.8 Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of Construction Program Manager or Design Consultant as to the Work, it is intended that such requirement, direction, review, or judgment will be exercised solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign Construction Program Manager or Design Consultant any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the requirements or provisions of the Contract Documents. 1.2.9 Contractor shall complete the Work in full and complete compliance with all requirements of the Contract Documents. Contractor hereby waives any right or defense he may have to claim that substantial compliance with any requirements of the Contract Documents is equal to or sufficiently satisfies his duty and obligations for full and complete compliance with the Contract Documents as herein required. 1.2.10 Contractor agrees that nothing contained in this Contract or in any contract between the Owner and the Construction Program Manager or the Owner and the Design Consultant shall create any contractual relationship between the Construction Program Manager and the Contractor, the Design Consultant and the Contractor, the Design Consultant and the Construction Program Manager or between the Owner, Design Consultant, and the Construction Program Manager and any Subcontractor, Sub-Subcontractors or any other third party. 1.2.11 Contractor acknowledges and agrees that should Contractor have any claim or cause of action arise during the course of his performance hereunder, that Contractor has a sole and sufficient remedy against Owner, as may be provided by law or under the Contract Documents (subject to all provisions, requirements and limitations of this Contract). Contractor further acknowledges and agrees that it is the intent of this Attachment number 1 Page 24 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-11 Contract to provide for the economical and efficient resolution of all matters, claims or causes of action that may arise relating to Contractor's performance of the Work under this Contact; and that it is the intent of this Contract that all such matters be resolved between Contractor and Owner (or between Contractor and any separate contractor as provided in this Contract), without any separate claims or causes of action being asserted against Owner's officers, directors, employees, agents or representatives (including Construction Program Manager and Design Consultant); and that it is the intent of this Contract to reduce the possible cost and attorney's fees in any litigation which may result relating hereto by limiting the number of parties in any such proceeding and providing for one forum in which all such issues may be resolved. Therefore, to implement and carry out this intent, Contractor agrees as follows: .1 Contractor acknowledges and agrees that the contracts between Owner and Construction Program Manager and between Owner and the Design Consultant are not intended for the benefit of Contractor or any Subcontractor or Sub-Subcontractor and that Contractor (and any Subcontractor or Sub-Subcontractor) is not a third-party beneficiary of such contracts. Contractor waives any right, claim or cause of action he may have as an alleged third-party beneficiary of any contracts between Owner and Construction Program Manager or Owner and the Design Consultant and covenants not to sue Construction Program Manager or Design Consultant as a third-party beneficiary of said contracts. .2 Contractor waives any claim or cause of action he may have as a matter of law or equity (including, but not limited to any claim or cause of action for breach of any express or implied warranty or obligation, any act or omission or failure to act or to perform any duty, including any claim or cause of action for negligence) against any of Owner's officers, directors, employees, agents or representatives (including specifically, without limitation, Construction Program Manager and Design Consultant or any of his directors, officers, employees or representatives, or anyone in contract with any of them); and Contractor covenants with Owner not to sue any of the foregoing, it being acknowledged and agreed that Contractor's sole remedy for any such claims or causes of action shall be against Owner (or in the case of a separate contractor, against said contractor as provided in Article 6 hereof) and that such remedy against Owner (or directly against a separate contractor) is sufficient to fully protect the interests of Contractor hereunder. .3 Unless otherwise provided in the Contract Documents, any legal proceeding of any nature brought by the Contractor against the Owner to enforce any right or obligation under this Contract (or by Contractor against Owner, Construction Program Manager or Design Consultant, even though such action may be in breach of any provision hereof) arising out of any matter pertaining to this Contract or the Work to be performed hereunder, shall be submitted for trial before the trial court of record in and for the city or county of the state or jurisdiction in which the Project is located; Contractor hereby waives his right to bring and warrants that he shall not bring any such legal proceeding in the United States District Court having jurisdiction over the situs of the Project; and Contractor hereby waives any right he may have to bring and warrants that he shall not bring any such legal proceeding against Owner, Construction Program Manager or Design Consultant in any other jurisdiction, whether under any so-called "long arm statute" or any other law which may provide for jurisdiction of such proceedings in a court other than that agreed upon herein. The right to trial by jury is also waived by Contractor. Attachment number 1 Page 25 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-12 .4 Nothing herein shall be construed as limiting in any way Owner's rights or causes of action against any person with whom Owner has a contract relating to the Project. 1.2.12 The provisions of this Contract cannot be amended, modified, varied or waived in any respect except as specifically provided in Subparagraph 1.1.12 hereof. The Contractor is hereby given Notice that no person has authority to orally waive, or to orally release the Contractor from any of the Contractor's duties or obligations under or arising out of this Contract. Contractor waives any right he may have to claim, and hereby agrees not to claim, that the Owner, Construction Program Manager or Design Consultant and Contractor, or any of his employees, agents, or representatives ever agreed orally to waive the strict requirements for amendment of this Contract as set forth in Subparagraph 1.1.12 hereof. Any waiver, approval or consent granted by Change Order to the Contractor shall be limited to those matters specifically and expressly stated therein to be waived, approved or consented to and shall not relieve the Contractor of the obligation to obtain any future waiver, approval or consent. 1.2.13 Whenever any obligation, responsibility or duty is required of Contractor, or any right, claim or cause of action is waived under this Contract, it is understood and agreed that the intent of this Contract is that the same obligation, responsibility or duty is imposed upon and the same waiver of any claim or cause of action is required of and is made by any Subcontractor, Sub-Subcontractor or Supplier, even though in some phrases or provisions the words "Contractor," "Subcontractor" and "Sub-Subcontractor" may be used, while in other phrases or provisions only the word "Contractor" may be used. 1.2.14 Whenever in this Contract the words "Owner," "Construction Program Manager," "Design Consultant", "Contractor", "Subcontractor", "Sub-subcontractor" or "Supplier" are used, such words shall encompass and include within their definition and meaning the directors, officers, employees, agents and representatives of such entity. 1.3 OWNERSHIP AND USE OF DOCUMENTS 1.3.1 All Drawings, Specifications and copies thereof furnished to the Contractor shall remain property of the Owner. They are to be used only with respect to this Project and are not to be used on any other project. With the exception of one contract set for each party to the Contract, all Contract Documents are to be returned or suitably accounted for to the Owner upon request at the completion of the Work. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the common law copyright or other reserved rights of the holder thereof. 1.3.2 Neither Contractor nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with Owner shall have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Design Consultant; Contractor may not reuse the Contract Documents for extensions of the Project or for any other project without written consent of Owner. ARTICLE 2 THE DESIGN CONSULTANT 2.1 DEFINITIONS Attachment number 1 Page 26 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-13 2.1.1 The terms "Design Consultant", "Architect" and "Engineer" are defined in Subparagraph 1.1.17. 2.2 SERVICES OF THE DESIGN CONSULTANT 2.2.1 The Design Consultant will provide certain services as hereinafter described. 2.2.2 Subject to the limitations of Subparagraph 2.2.4, the Design Consultant will visit the site at intervals appropriate to the stage of construction to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. The Design Consultant will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work but shall make as many inspections as may reasonably be necessary to fulfill his obligations to the Owner. On the basis of such on-site observations, the Design Consultant shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 2.2.3 The Design Consultant will render written field reports to the Construction Program Manager in the form required by the Construction Program Manager relating to the periodic visits and inspections of the Project made as required under Subparagraph 2.2.2. 2.2.4 The Design Consultant will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Design Consultant will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Design Consultant will not be responsible for or have control or charge over any of the acts or omissions of the Contractor, Subcontractors, or any of his agents or employees, or any other persons performing any of the Work. 2.2.5 The Design Consultant and all other representatives of Owner, including testing agencies and government agencies with jurisdictional interests, shall at all times have access to the Work wherever and whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access. 2.2.6 As required, the Design Consultant will, within a reasonable time, render to and through the Construction Program Manager written clarifications or interpretations concerning the design or other technical aspects of the Work or the Contract Documents. 2.2.7 All communications, correspondence, submittals, or documents exchanged between the Design Consultant and the Contractor in connection with the Project shall be through or in the manner prescribed by the Construction Program Manager or the Contract Documents. 2.2.8 Should errors, omissions, or conflicts in the Drawings, Specifications, or other Contract Documents prepared by the Design Consultant be discovered, the Design Consultant will prepare such amendments or supplementary documents and provide consultation as may be required by the Construction Program Manager. 2.2.9 All interpretations and decisions of the Design Consultant shall be consistent with the intent of, and reasonably inferable from the Contract Documents. 2.2.10 The Design Consultant's decisions concerning matters of artistic effect are final, if consistent with the intent of the Contract Documents. Attachment number 1 Page 27 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-14 2.2.11 If the Design Consultant observes any Work that does not conform to the Contract Documents, Design Consultant shall promptly make an oral and written report of all such observation to the Construction Program Manager. 2.2.12 When required by the Owner or Construction Program Manager, Design Consultant will prepare and submit to the Construction Program Manager lists, including Punch Lists, of those portions of the Contractor's Work which are not in conformance with the Contract Documents. The Construction Program Manager will transmit such lists to the Contractor for correction or completion thereof. 2.2.13 The Design Consultant has authority to disapprove, condemn or reject Work on behalf of the Owner when, in his opinion, the Work does not conform to the Contract Documents. Whenever in the Design Consultant's reasonable opinion it is considered necessary or advisable for the proper implementation of the intent of the Contract Documents, the Design Consultant has authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed or completed. However, neither the Design Consultant's authority to act under this Subparagraph 2.2.13, nor any decision made by the Design Consultant in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Design Consultant to the Contractor, any Subcontractor, any of his agents, or employees, or any other person performing any of the Work. 2.2.14 The Construction Program Manager will establish with the Design Consultant procedures to be followed for review and processing of all Shop Drawings, catalog submittals, project reports, test reports, maintenance manuals, and other necessary documentation, as well as requests for changes and applications for extensions of time. 2.2.15 Design Consultant will review with reasonable promptness Contractor's submittals such as Shop Drawings, Product Data, Samples, and Contractor's requests for interpretations or clarifications, but Design Consultant's review and response will be only for conformance with the design concept of the Project and for general compliance with the information given in the Contract Documents; such review shall not extend to means, method, techniques, sequence, or procedures of construction (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. 2.2.15.1 Design Consultant shall have a reasonable time to review all such submittals as set forth in Subparagraph 2.2.15. Contractor's failure to initially transmit submittals, or to provide corrections thereto, additional information or product data, or new samples as may be required, in an orderly and timely manner, shall not impose upon Owner, Construction Program Manager or Design Consultant any responsibility or obligation to limit, accelerate or otherwise modify the normal and customary review process or the timing thereof. 2.2.16 The Design Consultant will promptly prepare information for Change Orders when requested by the Construction Program Manager. 2.2.17 The Design Consultant and the Construction Program Manager will conduct observations to determine the dates of Substantial Completion and Final Completion, and will jointly issue a Final Certificate for Payment. 2.2.18 The Design Consultant will prepare a set of reproducible Record Drawings showing significant changes in the Work made during the construction process. Such Attachment number 1 Page 28 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-15 Record Drawings will be based on neatly and clearly marked-up prints, Drawings, or other data furnished by the Contractor. Design Consultant may rely upon the accuracy of such information as furnished by the Contractor. 2.2.19 As requested by Owner or Construction Program Manager, Design Consultant will provide to the Owner assistance in the original operation of any equipment or system such as initial start-up, testing, adjusting or balancing. 2.2.20 The Design Consultant, as appropriate, will be consulted by the Construction Program Manager regarding Contractors Application for Payment. 2.2.21 If Owner terminates the employment of the Design Consultant, Owner may unilaterally designate a new Design Consultant. The status of the new Design Consultant under the Contract Documents shall be the same as that of the former Design Consultant. ARTICLE 3 OWNER 3.1 DEFINITIONS 3.1.1 The Owner is defined in Subparagraph 1.1.31 hereof. 3.1.2 The Construction Program Manager is defined in Subparagraph 1.1.10. 3.2 CONSTRUCTION PROGRAM MANAGER 3.2.1 Heery International, Inc. (herein referred to as the Construction Program Manager) will be the Owner's exclusive representative and agent to the Contractor with respect to the Work and Project during construction and until the issuance of the final Certificate for Payment. The Owner's communications with the Contractor and the Design Consultant shall be exclusively through the Construction Program Manager, who will have full authority to act on behalf of the Owner with regard to all aspects of the Project except that the Owner must approve all Change Orders and payments to the Contractor. All of the Contractor's communications to the Owner or to the Design Consultant shall be exclusively through the Construction Program Manager. All of the Construction Program Manager's actions with regard to this Project will be as an agent and representative of the Owner. 3.2.2 The Construction Program Manager is not authorized to revoke, alter, change, relax, or release any requirements of the Contract, nor is he authorized to approve or accept any portion of the Work not executed in accordance with, nor to issue instructions contrary to, the Contract Documents. 3.3 INFORMATION, SERVICES AND RIGHTS OF THE OWNER 3.3.1 The Owner, through the Construction Program Manager, will provide administration of the Contract as hereinafter described. 3.3.2 The Owner and the Construction Program Manager shall at all times have access to the Work whenever and wherever it is in preparation or progress. The Contractor shall provide safe facilities for such access. 3.3.3 The Owner and the Construction Program Manager shall not be responsible for or have control or charge of the construction means, methods, techniques, sequences, or Attachment number 1 Page 29 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-16 procedures, or safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither the Owner, the Construction Program Manager nor the Design Consultant will be responsible for the acts or omissions of the Contractor, any Subcontractors, any Sub-subcontractors, any of his agents or employees, or any other persons performing any of the Work. 3.3.4 The Construction Program Manager has authority on behalf of the Owner to condemn or reject Work when, in his opinion, the Work does not conform to the Contract Documents. Whenever in the Construction Program Manager's reasonable opinion it is considered necessary or advisable for the proper implementation of the intent of the Contract Documents, the Construction Program Manager has authority to require special inspection or testing of the Work whether or not such Work be then fabricated, installed, or completed. However, neither the Construction Program Manager's authority to act under this Subparagraph 3.3.4, nor any decision made by the Construction Program Manager in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Construction Program Manager to the Contractor, any Subcontractor, any of his agents, or employees, or any other person performing any of the Work. 3.3.5 The Construction Program Manager shall have the authority and discretion to call, schedule, and conduct job meetings to be attended by the Contractor, representatives of his Subcontractors, and the Design Consultant, to discuss such matters as procedures, progress, problems, and scheduling. 3.3.6 The Construction Program Manager will establish procedures to be followed for processing all Shop Drawings, Product Data, Samples, other Submittals, project reports, documentation, test reports, and maintenance manuals. 3.3.7 The Construction Program Manager will review all requests for Changes and shall process Change Orders, as appropriate, including applications for extension of the Contract Time or Specific Dates. 3.3.8 The Owner and the Construction Program Manager, will not be responsible for the failure of the Contractor to plan, schedule, and execute the Work in accordance with the Construction Schedule or the failure of the Contractor to complete the Work or applicable portions thereof by the Specific Dates and within the Contract Time, or the failure of the Contractor to schedule and coordinate the Work of his own trades, Subcontractors, Sub-subcontractors or Suppliers, or to coordinate and cooperate with other separate contractors. 3.3.9 The Construction Program Manager will review, and after his approval thereof, will process all Applications for Payment, and will consult with the Design Consultant as appropriate relating thereto. 3.3.10 When requested by the Contractor, the Owner shall furnish surveys in his possession describing the physical characteristics, legal limitations and utility locations for the Project site. Contractor shall carefully review this data in coordination with the other Contract Documents. The Owner does not warrant the accuracy or completeness of such surveys or other data. 3.3.11 Unless otherwise provided in the Contract Documents, Owner shall secure and pay for necessary easements required for permanent structures or for permanent changes in existing facilities and for rights-of-way and easements for access thereto and for such other lands which are designated in the Contract Documents for the use of Contractor. Contractor shall, at no additional cost to the Owner, provide for all additional Attachment number 1 Page 30 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-17 lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment at Contractor's expense. 3.3.12 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid unreasonable delay in the orderly progress of the Work. 3.3.13 Owner will furnish, at no cost to the Contractor, all Drawings and Specifications reasonably necessary for the execution of the Work. Owner, Design Consultant and Construction Program Manager will not provide Contractor with any sepias of the Drawings. No partial sets of the Contact Documents will be furnished to Contractor. 3.3.14 Construction Program Manager will issue with reasonable promptness after written request from Contractor such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings provided by Design Consultant or otherwise) as Construction Program Manager or Design Consultant may deem necessary, which clarifications or interpretations shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. 3.4 DIFFERING SITE CONDITIONS 3.4.1 Contractor shall inspect the Project site prior to bidding the Work and again immediately prior to commencing the Work. Contractor is responsible for determining all physical, subsurface and other conditions which may affect the Work, pursuant to Subparagraph 4.22.1. Contractor shall have full responsibility for reviewing and checking all such data and information; for locating all Underground Facilities or Utilities shown, indicated in the Contract Documents, or actually existing; for coordination of the Work with the owners of such Underground Facilities or Utilities during construction; and for the safety and protection thereof as provided in Article 10 and repairing any damage thereto resulting from the Work, the cost of which will be considered as having been included in the Contract Sum. 3.4.2 The Drawings show conditions as they are believed to exist, but it is not intended or to be inferred that the conditions as shown thereon constitute a representation by or on behalf of the Owner, Construction Program Manager or Design Consultant that such conditions actually exist. 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, Construction Program Manager, or Design Consultant by the owners of such Underground Facilities or by others. Owner, Construction Program Manager, and Design Consultant shall not be responsible for the accuracy or completeness of any such information or data. 3.4.2.1 Upon the signing by Contractor of a required acknowledgment and release form, as set forth in Subparagraph 3.4.2.3, Owner will make available for the Contractor's information and review, at the Owner's offices, or at such other location as the Construction Program Manager may indicate, certain boring logs, geological, soils and other reports, surveys, utility locations and analyses pertaining to the Project site of which the Owner is aware and has in his possession. Any reports, surveys and analyses provided by Owner are for the Contractor's information only, and his accuracy and completeness are not guaranteed or warranted by the Owner, the Construction Program Manager or the Design Consultant, and such reports are not adopted by reference into, nor are they part of the Contract Documents. For example, without limitation, copies of boring logs which may be provided to Contractor are only intended to reflect conditions at the specific location of the borings and do not necessarily reflect site conditions at other locations. If Contractor obtains the foregoing reports and other data as specifically stated Attachment number 1 Page 31 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-18 herein without the signing of the required acknowledgement and release form, as set forth in Subparagraph 3.4.2.3, it is understood and agreed that Contractor, by obtaining said information or data, agrees with and shall be bound by the provisions of Subparagraph 3.4.2.3; the failure of the Owner or his employees or agents to require the signing of the acknowledgement and release shall not constitute a waiver or modification by the Owner of this Paragraph 3.4.2.1 or any of the provisions hereof. 3.4.2.2 Notwithstanding any factual statement, conclusion, or any other technical or nontechnical language or recommendations contained in such reports as set forth in Subparagraph 3.4.2.1, the Contractor assumes full responsibility for inspection of the site and determination of the character, quality and quantity of any soil, surface or subsurface conditions that may be encountered or which may affect the Work, and for the means and methods of construction that he employs when performing the Work. 3.4.2.3 In consideration of the receipt of any of the information or data as set forth in Subparagraph 3.4.2.1, Contractor agrees to the following acknowledgement and release, and shall further evidence and confirm this agreement and understanding by executing a document providing as follows (it being understood and agreed that the execution of such document is not a condition precedent to the effectiveness of this release): Contractor hereby acknowledges receipt of copies of certain boring logs, geotechnical, soils and other reports, surveys and analyses relating to the Project from the Owner thereof. In consideration for the receipt of such information, Contractor releases the Owner, Construction Program Manager and Design Consultant from any responsibility or obligation as to the accuracy or completeness of such data or information and hereby waives any claim or cause of action which Contractor may have against any of them, or which may subsequently arise, because of any assumptions made by Contractor based upon such data or documents, or because the Contractor's reliance upon the accuracy thereof, or because of any conclusions Contractor may derive therefrom. 3.4.3 If Contractor believes that any physical or subsurface condition uncovered or revealed at the site differs materially from that indicated, reflected, or referred to in the Contract Documents, Contractor, after becoming aware thereof and before performing any Work in connection therewith or disturbing the condition thereof (except in an emergency as permitted by Paragraph 10.3), shall promptly notify Owner and Construction Program Manager in writing of said condition. 3.4.3.1 Construction Program Manager and Design Consultant will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise Owner in writing (with a copy to Contractor) of Construction Program Manager's and Design Consultant's findings and conclusions. During such interim, Contractor shall be responsible for the safety and protection of such Underground Facility as provided in Article 10. 3.4.3.2 If an Underground Facility or Utility is uncovered or revealed at or contiguous to the site which was not as shown or indicated in the Contract Documents or records of the owner of the Underground Facility or Utility, Contractor shall give written Notice thereof to the owner of such Underground Facility or Utility in addition to Owner and Construction Program Manager. 3.4.3.3 If Construction Program Manager and Design Consultant conclude that there is a material difference from what is indicated in the Contract Documents or that because of newly discovered conditions a Change in the Contract Documents is required, a Change Order will be issued as provided in Article 12 to reflect and document the consequences of the difference. Attachment number 1 Page 32 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-19 3.4.4 Consistent with the provisions of this Paragraph 3.4 and Paragraph 12.6 hereof, the Owner may order minor Changes in the Work because of such differing site or physical conditions. 3.4.4.1 Except as otherwise provided specifically in this Subparagraph 3.4.4.1, Contractor shall not be entitled to any increase in the Contract Sum or the extension of any Specific Date or the Contract Time because of any subsurface, physical or concealed condition differing from that indicated in the Drawings, whether or not the condition or difference is latent or material; or because the condition encountered was unknown to Contractor or was of an unusual nature, differing materially from those ordinarily encountered or generally recognized as inhering in work of the character provided for in this Contract, except when (l) the Owner orders a Change in the Work under Article 12 hereof because of such conditions; (2) Contractor has fully complied with the requirements of this Paragraph 3.4; and (3) the Contractor is otherwise entitled to such adjustments under Article 8, Article 12 or any of the other provisions of the Contract Documents. However, nothing in this Subparagraph 3.4.4.1 is intended to, or shall it be construed to modify or limit the requirements and provisions of this Paragraph 3.4, nor shall Contractor be entitled to any Change in the Work solely because Contractor modified the sequence, method or manner of his performance of the Work because of such conditions (whether such modifications by Contractor were made solely at Contractor's option or in his discretion or were reasonably ordered or directed by Owner or the Construction Program Manager). 3.5 OWNER'S RIGHT TO STOP OR TO SUSPEND THE WORK 3.5.1 If the Contractor fails to correct defective Work as required by Paragraph 4.7, or fails to carry out the Work or to supply a sufficient amount of skilled labor, or suitable materials or equipment in accordance with the Contract Documents, or fails to furnish or perform the Work in such a way that assures the Construction Program Manager that the completed Work will conform to the Contract Documents, the Construction Program Manager by a written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. 3.5.2 Construction Program Manager shall have the authority to suspend the Work, in whole or in part, for such periods and such reasons as he may deem necessary or desirable, including without limitation: unsuitable weather; other conditions considered unfavorable for the suitable prosecution of the Work; or other conditions considered adverse to the best interests of the Owner. Provided, however, this right of the Construction Program Manager to suspend the Work, or to stop the Work on behalf of the Owner under Subparagraph 3.5.1, shall not give rise to a duty on the part of the Owner or Construction Program Manager to exercise this right for the benefit of the Contractor or any other person or entity. 3.5.3 The Construction Program Manager shall give Contractor Notice of any such suspension. The Contractor shall comply immediately with such orders of the Construction Program Manager and shall not resume the Work until so ordered in writing by the Construction Program Manager. No suspension of the Work under Subparagraph 3.5.1 which is due to the fault of the Contractor shall be the basis of a claim by the Contractor for any increase in the Contract Sum or for any other damages, losses, costs or expenses whatsoever, or any extension of time relating thereto, all of which claims the Contractor hereby expressly waives. If the Work is suspended because of a Notice of suspension issued pursuant to Subparagraph 3.5.2 hereof, the Contractor shall be entitled to (1) an extension of the Contract Time not to exceed the length of time that the Work was suspended, and (2) his direct costs, if any, which, in the opinion of the Construction Program Manager, arise solely because of the Notice of suspension, provided that the claim for a time extension is submitted and authorized in accordance Attachment number 1 Page 33 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-20 with Paragraph 8.3 and written Notice of the claim is submitted by Contractor in accordance with Subparagraph 7.7.2.4 hereof and other requirements of the Contract Documents, and provided further that the suspension is not due to an act or omission of the Contractor or any other person or organization for whose acts or omissions the Contractor may be liable. 3.5.4 In the event of a suspension of the Work, the Contractor will, and will cause his Subcontractors, Sub-subcontractors and Suppliers to, carefully protect his (and their) materials and work against damage or injury from the weather and any other cause and will maintain completed and uncompleted portions of the Work as required by the Contract Documents. If, in the opinion of the Construction Program Manager, any work or material is damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors, Sub-subcontractors or Suppliers to protect same, such work and materials shall be removed and replaced at the expense of the Contractor. 3.6 OWNER'S RIGHT TO CARRY OUT THE WORK AND DIRECT OVERTIME 3.6.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written Notice from the Construction Program Manager, or within such other time as required in a written Notice issued by the Construction Program Manager, to commence and continue correction, with diligence and promptness, of such default or neglect, including but not limited to the removal and replacement of rejected Work as required by the Construction Program Manager or Design Consultant, the Owner may, without prejudice to any other remedy Owner may have, make good such deficiencies. 3.6.1.1 Contractor shall allow Owner, Construction Program Manager and Design Consultant such access to the site as may be necessary to enable Owner to exercise the rights and remedies under this Paragraph 3.6. All costs of Owner in exercising such rights and remedies will be charged against Contractor in a reasonable amount approved by Construction Program Manager. A Change Order will be issued incorporating the necessary revisions in the Contract Documents. Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may withhold from compensation otherwise due Contractor such amount as is, in the opinion of the Construction Program Manager, sufficient to protect the Owner's interests. Such costs will include, but not be limited to, fees and charges of Design Consultant, the Construction Program Manager, attorneys, and other professionals, all court costs, and all costs of repair or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. 3.6.1.2 Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 3.6.2 The Owner may, in his sole discretion and for any reason, require Contractor to accelerate the schedule of performance by providing overtime, Saturday, Sunday or holiday work, or by having all or any Subcontractors or Sub-subcontractors designated by Owner provide overtime, Saturday, Sunday or holiday work. 3.6.2.1 In the event of overtime, Saturday, Sunday or holiday work by the Contractor's own forces or by a Subcontractor pursuant to this Subparagraph 3.6.2, Owner shall reimburse the Contractor for the direct costs to the Contractor of the premium for all labor utilized by the Contractor in such overtime, Saturday, Sunday or holiday work (but not for the straight time costs of such labor or for any overtime or related costs arising because of any order of the Owner or Construction Program Manager pursuant to Subparagraph Attachment number 1 Page 34 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-21 3.6.1 or Paragraphs 4.12, 13.10 or 13.11 hereof), together with any Social Security and State or Federal unemployment insurance taxes in connection with such premium. However, no overhead, supervision costs, commissions, profit or other costs and expenses shall be payable in connection therewith. 3.6.2.2 The obligations of the Owner as set forth in this Subparagraph 3.6.2. shall be the sole and exclusive obligations of the Owner on account of overtime, Saturday, Sunday and holiday work ordered pursuant to this Subparagraph 3.6.2; provided, however, the Owner shall have no obligation to make payments on account thereof unless: (1) Contractor shall submit to Construction Program Manager, for the Construction Program Manager's review and approval, duly authenticated time records, evidencing the hours of overtime, Saturday, Sunday or holiday work performed pursuant to this Subparagraph 3.6.2 by the end of the day on which performed; and (2) Contractor shall include with his request for reimbursement a duplicate of each of the foregoing time records and such other substantiation of costs reimbursable hereunder as the Owner may require. 3.6.3 Neither the Owner, the Construction Program Manager, the Design Consultant nor his officers, agents, assigns or employees shall in any way be liable or accountable to Contractor or his surety for any reasonable method by which the Work or any portion thereof, performed by the Owner or by separate contractors pursuant to Paragraph 3.6, is accomplished or for the reasonable price paid therefor. Notwithstanding the Owner's right to carry out a portion of the Work, maintenance and protection of the Work remains the Contractor's and surety's responsibility as provided for in the Performance Bond and Guarantee of Contractor. 3.7 RIGHT TO AUDIT AND PRESERVATION OF RECORDS 3.7.1 The Contractor shall maintain books, business records, project documents and data, accounts of all costs relating to the Project and Contractor's home office or jobsite overhead, in accordance with generally accepted accounting principles and practice. These records shall be retained and preserved by Contractor in a safe place for a minimum period of five (5) years after Final Completion of the Work, or such longer period as may be required by applicable laws or regulations. The Owner, the Construction Program Manager, or his authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions: .1 If the Contract is terminated for any reason in accordance with the provisions of these Contract Documents; .2 In the event of a disagreement between the Contractor and the Owner concerning the amount due Contractor under the terms of this Contract; .3 If such data is necessary, in the opinion of Owner or Construction Program Manager, to check or substantiate any amounts invoiced or paid which are required to reflect the costs of the Contractor, or the Contractor's efficiency or effectiveness under this Contract, or in connection with extras, changes, claims, additions, backcharges, or other, as may be provided for in this Contract; .4 If it becomes necessary to determine the Owner's rights and the Contractor's obligations under this Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the Owner; or .5 To determine any difference in cost occasioned by a substitution permitted under Paragraph 4.14 hereof. Attachment number 1 Page 35 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-22 3.7.2 The Owner or the Construction Project Manager shall have unlimited, reasonable access during normal working hours to the Contractor's books and records. 3.7.3 Unless otherwise provided by applicable statute, the Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to the Owner at all reasonable times at the office of the Contractor but without direct charge to the Owner, all Contractor's books, records, documents, photographs, microfilm, or other authentic reproductions thereof, or other evidence bearing on the costs and expenses and performance of the Contractor under this Contract or the Work hereunder. 3.7.4 The Owner will make all payments required of it under this Contract subject to audit, under circumstances stated above, which audit may be performed at the Owner's option, either during the Contract Time period or during the record retention time period required herein. Regardless of authorization, approval or acceptance, signatures or letters which are given by the Owner and are part of the Owner's control systems or are requested by the Contractor, the payments made under this Contract for any Work performed on a time and materials or cost-plus basis shall not constitute a waiver of the Owner's right to audit, nor shall payments thereof constitute a waiver or agreement by the Owner that it accepts as correct the billings, invoices or other charges on which the payments were based. 3.7.5 If any audit by the Owner discloses an underpayment by the Owner for any work performed on a time and materials or cost-plus basis, the Owner shall have the duty to pay any amounts found by the audit to be owed to the Contractor. If such audit discloses an overpayment, the Contractor shall have the obligation to reimburse the Owner for the amount of the overpayment and all costs associated with said audit. Interest shall be payable to the appropriate party in case of an underpayment or overpayment, solely for Work performed on a time and materials or cost-plus basis, at the rate of ten percent (10%) per annum from the date of such underpayment or overpayment until fully paid. The obligation of the Contractor to make reimbursement hereunder shall not terminate except as provided by law. The Owner may pursue all of his legal or equitable remedies even though it has made all or part of the payments required by this Contract. 3.7.6 The Contractor shall include this "Right to Audit and Preservation of Records" clause contained in this Paragraph 3.7 in all subcontracts issued by him and he shall require same to be inserted by all lower tier Subcontractors in their subcontracts, for any portion of the work. Should Contractor fail to include this clause in any such contract or lower tier Contract, or otherwise fail to protect Owner's rights hereunder, Contractor shall be liable to Owner for all costs, expenses and attorney's fees which Owner may have to incur in order to obtain an audit or inspection of or the restoration of records which would have otherwise been available to Owner from said persons under this clause. Such audit may be conducted by the Owner, the Construction Program Manager or his authorized representative. ARTICLE 4 CONTRACTOR 4.1 DEFINITIONS 4.1.1 The Contractor is defined in Subparagraph 1.1.15 hereof. Attachment number 1 Page 36 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-23 4.1.2 This entire Contract is not one of agency by the Contractor for Owner but one in which Contractor is engaged independently in the business of providing the services and performing the Work herein described as an independent contractor. 4.2 REVIEW AND MAINTENANCE OF CONTRACT DOCUMENTS 4.2.1 Contractor is required to carefully study and compare the Contract Documents and to report to the Owner through the Construction Program Manager any error, inconsistency, omission, ambiguity, discrepancy, conflict or variation he may discover as pursuant to Paragraph 1.2 hereof. 4.2.2 Contractor shall do no Work without Contract Documents and, when required, approved Shop Drawings, Product Data, or Samples for portions of the Work, and required inspections of the Work. 4.2.3 The Contractor shall maintain in a safe place at the site, one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Written Interpretations and Clarifications issued pursuant to the Contract Documents, in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. Contractor warrants the accuracy of such information or data. These shall be available to the Construction Program Manager and Design Consultant during the performance of the Work, and shall be delivered to the Construction Program Manager for the Owner upon Final Completion. 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall not commence Work on site or off site, or store materials or equipment at the Project site, until a written Notice to Proceed is issued or until the Contractor otherwise receives the Construction Program Manager's written consent so to do. Under no circumstances shall Contractor have the right to perform Work on the Project site until Contractor has complied with all requirements of the Contract Documents which are a precondition for so doing, including, but not limited to the requirements for Bonds and Certificates of Insurance under Subparagraph 7.4.3, and permits. Contractor's inability, failure or refusal to comply with such requirements shall not be justification for any extension in the Contract Time or Specific Dates or for any claim for additional compensation. 4.3.2 The Contractor shall supervise and direct the Work, competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor has the unique responsibility of being the supervisor, manager, overseer, coordinator and expeditor of his employees and the Work and that of his Subcontractors, Sub-subcontractors and Suppliers and of the total construction process, including all of its parts, in accordance with this Contract and applicable law. In executing the duties incurred by these responsibilities, the Contractor shall provide sufficient executive and supervisory field staff to enable efficient and expeditious handling of these matters. There shall be at least one Project Manager assigned full-time to the Work by Contractor as well as the field staff required by Subparagraph 4.3.2.2. The Project Manager shall attend each progress meeting at the Project site. 4.3.2.1 Contractor shall provide a management chart and a list of personnel which shall comprise the superintending staff. All references to the Superintendent elsewhere in the Contract Documents shall mean the superintending staff. 4.3.2.2 Contractor shall employ and designate in writing a competent Superintendent and necessary assistants who shall be in attendance at the Project site full time during Attachment number 1 Page 37 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-24 the progress of the Work and who shall be satisfactory to the Owner and the Construction Program Manager. The Project Manager and/or the Superintendent shall represent the Contractor and all communications given to either shall be binding upon Contractor. 4.3.2.3 Except as provided in Subparagraph 4.12.5, the Superintendent shall be in attendance at the Project site not less than eight hours per day, five days per week, unless the Project is closed down due to a general strike or conditions beyond the control of the Contractor, until termination of the Contract in accordance with the Contract Documents. It is understood that such Superintendent shall be continued in that capacity for the duration of the Project, unless he proves to be unsatisfactory to the Contractor, Owner or Construction Program Manager or ceases to be on the Contractor's payroll, unless the Owner otherwise agrees. The Superintendent shall be assigned exclusively to the Project for this Contract and shall not be employed as Superintendent, or in any other capacity, for work performed by Contractor under any other contract with Owner or on any other project for or by Contractor or any other entity during the time of performance of the Work. 4.3.3 Contractor shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. 4.3.4 The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontractors and Sub-subcontractors, suppliers, their agents and employees, and other persons performing any of the Work and for their compliance with each and every requirement of the Contract Documents, in the same manner as if they were directly employed by the Contractor. 4.3.5 The Contractor shall not be relieved of any of his obligations required by the Contract Documents either by the acts or failures to act of the Owner, the Design Consultant or the Construction Program Manager in their administration of the Contract, or by inspections, tests or approvals (or the lack thereof) required or performed under the Contract Documents by persons other than the Contractor. 4.3.6 Notwithstanding the fact that a dispute, controversy or other question may arise between the parties hereto relating to the execution or progress of the Work, the interpretation of the Contract Documents, the payment of any monies, the delivery of any materials, or any other matter whatsoever, the Contractor shall not be relieved of his obligations under the Contract Documents because of the pending dispute, controversy or other issue. 4.3.7 Before starting a section of Work, the Contractor shall carefully examine, by whatever means are reasonably necessary, all preparatory work that has been executed to receive his Work to ensure that his Work and adjacent, related work will finish to proper and required standards for quality, contours, planes, and levels. 4.3.8 The Contractor understands and agrees that the Owner, Construction Program Manager and Design Consultant will not be responsible for and do not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions, and programs in connection with the Work, and they will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Owner, Construction Program Manager and the Design Consultant will not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. Attachment number 1 Page 38 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-25 4.3.9 Contractor shall not employ any plant, equipment, materials, methods or persons to which the Owner, Construction Program Manager or Design Consultant object, and shall not remove any portion of the Work or stored materials from the site of the Work without consent of the Construction Program Manager. 4.3.10 Unless otherwise specified in the Contract Documents, Contractor shall provide engineering surveys to establish reference points for construction which in Contractor's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work (unless otherwise specified in the Contract Documents), shall protect and preserve the established reference points, and shall make no change or relocations without the prior written approval of the Construction Program Manager. Contractor shall report to Construction Program Manager whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel at no additional cost to the Owner. 4.3.11 Contractor shall prepare and submit to the Owner on a daily basis (for each day worked), a daily report, in a form satisfactory to the Construction Program Manager. The Contractor's daily report shall be signed by Contractor's Superintendent. Contractor shall cause his Subcontractors and Sub-subcontractors to prepare similar daily reports, which Contractor shall submit daily to the Owner with Contractor's report. Such daily reports shall include the following: .1 Weather and temperature, including any adverse effect of same on job progress; .2 Safety problems of any kind, including any adverse effect of same on job progress; .3 Progress of the quality control program of Contractor; .4 Number and trades of all workers on the Project for which Contractor is responsible, including a breakdown for each Subcontractor and Sub-subcontractor; .5 Major equipment on the Project site for which the Contractor and his Subcontractors and Sub-subcontractors are responsible, with an indication as to whether the equipment is in use or idle and at what location; .6 A general description of the Work being performed by Contractor and each Subcontractor and Sub-subcontractor, the location of the Work performed and the quantity of Work actually accomplished for the day; and .7 A statement by Contractor as to whether or not the Work is progressing as scheduled and if not, the reasons why it is not. 4.3.11.1 Contractor acknowledges and agrees that the daily reports of Contractor and his Subcontractors and Sub-subcontractors are not intended to, nor shall they, constitute Notice to Owner or to the Construction Program Manager or Design Consultant as required by the Contract Documents. 4.4 CONTRACTOR REPRESENTATIONS AND WARRANTIES AS TO PERFORMANCE 4.4.1 By entering into this Contract with the Owner, the Contractor represents and warrants the following, together with all other representations and warranties in the Contract Documents, upon which Owner relied in signing the Agreement: Attachment number 1 Page 39 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-26 .1 That Contractor is experienced in and competent to perform the type of work required and is able to furnish the plant, materials, supplies or equipment to be so performed or furnished by him and has the personnel and resources necessary to carry out all requirements of the Contract Documents; .2 That Contractor is financially solvent, able to pay his debts as they mature, and possessed of sufficient working capital to initiate and complete the Work required under the Contract; .3 That Contractor is familiar with all laws, codes, ordinances, permits, regulations and orders of any public authority having jurisdiction of the Project, which may in any way affect the cost, progress or performance of the Work or those employed therein, including but not limited to any special laws or regulations relating to the Work or any part thereof; .4 That Contractor's temporary and permanent portions of the Work will be satisfactorily constructed and fit for use for its intended purpose, and that such construction will not injure any person or damage any property; .5 That Contractor has carefully examined the Contract Documents and has visited the site of the Work and that through his own investigations, he has made himself fully familiar with: (1) the nature and location of the Work; (2) the character, quality and quantity of surface and subsurface materials likely to be encountered, that may in any manner affect cost, progress or the performance of the Work including, but not limited to, all structures and obstructions on or at the project site, both natural and man-made; (3) the character of equipment and other facilities needed for the performance of the Work; (4) the general and local conditions that may in any manner affect cost, progress or the performance of the Work, including without limitation its climatic conditions, the availability and cost of labor and the availability and cost of materials, tools and equipment; (5) the quality and quantity of all materials, supplies, tools, equipment, labor and professional services necessary to complete the Work required by the Contract Documents; and (6) all other matters or things which could in any manner affect the performance of the Work; and has studied and carefully correlated all of the foregoing with the requirements of the Contract Documents; .6 That Contractor will fully comply with all requirements of the Contract Documents; .7 That Contractor will perform the Work consistent with good workmanship, normal and customary business practices, and in the most expeditious and economical manner consistent with the best interests of the Owner; .8 That Contractor will furnish efficient business administration and experienced superintendence and an adequate supply of workmen, equipment, tools and materials at all times; .9 That Contractor has carefully reviewed the Work required and that he will plan and execute the Work in a normal and orderly sequence so as to ensure completion of the Work in accordance with the Contract Documents; and that he has considered, and has made allowance in his planning, scheduling and estimates for normal and reasonably foreseeable inclement weather at the Project locale (including but not limited to rainfall, snow, flooding, poor soil Attachment number 1 Page 40 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-27 conditions due to weather, and the like), labor and other delays, interruptions and disruptions of the Work; .10 That Contractor will complete the Work within the Contract Time and all portions thereof in accordance with the Specific Date thereof in this Contract; .11 That his Contract price is based upon all of the labor, materials, systems and equipment required by the Contract Documents, without exception; .12 That Contractor has satisfied himself as to the feasibility and correctness of the Contract Documents for the construction of the Work; .13 That Contractor is aware that Owner may award separate contracts for other portions or parts of the Project; and that he has taken into account in his estimating and bidding of this Contract and in the planning and scheduling the Work hereunder: (1) the project site conditions normally inhering to a multi-prime contractual agreement, including, but not limited to: the additional project site supervision, scheduling and coordination this may require; the potential for congestion of work areas, interference of trades and subcontractors of the separate contractors; and the potential for delays and disruptions to Contractor's work which may reduce Contractor's productivity when compared to other methods of contracting; (2) that the responsibility is placed upon Contractor by the Contract Documents to cooperate with and timely and effectively coordinate with the separate contractors; (3) that the Owner has imposed upon each of the separate contractors, including Contractor herein, the responsibility to plan, schedule and coordinate their Work with the work of the other separate contractors and that the Owner is relying upon each to fulfill this responsibility independent of and without expectation or assumption of assistance from Owner or the Construction Program Manager regarding such coordination and scheduling; .14 That in his careful review and analysis of the Contract Documents he is aware and has allowed for in his estimating and bidding of the project for the responsibilities and obligations placed upon Contractor by the Contract Documents and the limitations contained therein relating to claims for time extensions and other claims against Owner, Construction Program Manager and Design Consultant; and has also carefully and fully assessed and considered Contractor's potential for liability to separate contractors as well as Owner for damages relating to the Work of Contractor under the terms thereof; and .15 That Contractor is aware that Owner has the sole discretion, under Paragraph 9.3 hereof, as to whether or not any retainage under this Contract will be reduced or any monies paid for materials or equipment not incorporated in the Work but delivered and suitably stored at the site; and that Contractor, in his financial planning for the Work, has not anticipated any release or reduction in retainage until final payment under this Contract or any payment for materials or equipment until they are incorporated into the Work. 4.5 LABOR AND MATERIALS 4.5.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, supplies, tools, appliances, construction equipment and machinery, water, heat, fuel, power, light, telephone, sanitary facilities, temporary facilities, transportation, and other facilities and services necessary or proper for or incidental to the furnishing, performance testing, start up and completion of the Work required by and in accordance with the Contract Documents and any Attachment number 1 Page 41 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-28 applicable code or statute, whether specifically required by the Contract Documents or whether their provision may reasonably be inferred as necessary to produce the intended results, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 4.5.2 The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. The Owner or Construction Program Manager may, by Notice in writing, require the Contractor to remove from the Work any employee the Owner deems incompetent, careless or otherwise objectionable. 4.5.3 The Contractor shall be responsible for ensuring that the Work is completed in a skillful and workmanlike manner. Contractor shall provide all of the necessary, competent and suitably qualified personnel to perform the Work as required by the Contract Documents, including, but not limited to, quality control functions. 4.5.4 The Contractor shall perform with his own forces, which are in the direct employment of the Contractor's organization, at least that percentage of the Work, if any, specified in the Contract Documents. The Contractor shall submit to the Construction Program Manager within thirty (30) calendar days after award of the Contract for the Work, a designation of the Work to be performed by the Contractor with his own forces. The remaining percentage of the Work (to be performed under subcontracts) shall be calculated by adding the amounts of all subcontracts and dividing this sum by the total amount of the Contract. 4.5.5 All equipment, apparatus, and/or devices of any kind to be incorporated into the Work that are shown or indicated on the Drawings or called for in the Specifications or required for the completion of the Work shall be entirely satisfactory to the Design Consultant regarding operations, capacity and/or performance. No approval, either written or verbal, of any drawings, descriptive data or Samples of such equipment, apparatus, and/or device shall relieve the Contractor of his responsibility to turn over the same in good working order for its intended purpose at the completion of the Work. Any equipment, apparatus and/or device not fulfilling these requirements shall be removed and replaced by proper and acceptable equipment, etc. or put in good working order satisfactory to the Design Consultant without additional cost to the Owner. 4.5.6 Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and Contractor will permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday only with the written consent of the Construction Program Manager given after prior written Notice by Contractor to the Construction Program Manager. 4.5.7 The Contractor shall cause all materials and equipment to be delivered to the Project site in a manner which will assure the timely progress and completion of the Work but will not encumber the project site unreasonably. The Contractor shall, if necessary to fulfill this requirement, cause any or all materials and equipment to be manufactured in advance, to be warehoused either at the factory or elsewhere and/or to be relocated or removed from the Project site at the Contractor's cost. Materials delivered to and stored at the Project site for incorporation in the Work shall not be removed from the project site without the consent of the Construction Program Manager. 4.5.7.1 If the Construction Program Manager requires, the Contractor shall give, or shall require its Suppliers or the Manufacturers to give, full and accurate written information to the Construction Program Manager on any questions concerning the kind and quality, performance and/or delivery status of any materials and equipment, or such other Attachment number 1 Page 42 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-29 requested data. Contractor shall obtain, if requested by the Construction Program Manager, the written assurances of a Manufacturer that his material and/or equipment is designed and appropriate for its intended use. 4.6 CONTRACTOR'S WARRANTY AS TO MATERIALS AND WORKMANSHIP 4.6.1 The Contractor warrants to the Owner, the Construction Program Manager, and the Design Consultant that all materials and equipment furnished under this Contract conform to the Contract Documents and the warranties and guarantees specified herein and are not and will not be defective. Where no standard is specified for such workmanship or materials, they shall be the best of their respective kinds. All Work not conforming to these requirements, including Substitutions not properly approved and authorized, may be considered defective. Contractor shall give the Construction Program Manager Notice of all defective work of which Contractor is aware. If required by the Construction Program Manager or the Design Consultant, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 4.6.2 The warranties set forth in this Paragraph 4.6 and elsewhere in the Contract Documents shall survive Final Completion of the Work under Paragraph 9.10. 4.6.3 The Contractor guarantees and warrants to the Owner: .1 That all materials and equipment furnished under this Contract will be new unless otherwise specified, and the best of its respective kind unless otherwise specified; .2 That all Work will be of first-class quality and free of omissions and faults and free of poor quality, imperfect or defective material or workmanship, and shall fully conform with the Contract Documents and all other warranties and guarantees specified therein; .3 That, where required by the Contract Document, the Work shall be entirely watertight and leakproof and shall be free of shrinkage and settlement; .4 That the Work, including but not limited to, mechanical and electrical machines, devices and equipment, shall be fit and fully usable for its intended and specified purpose and shall operate satisfactorily with ordinary care; .5 That consistent with requirements of the Contract Documents, the Work shall be installed and oriented in such a manner as to facilitate unrestricted access for the operation and maintenance of fixed equipment; .6 That the Work will be free of abnormal or unusual deterioration which occurs because of poor quality materials, workmanship or unsuitable storage; and .7 That all materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions and recommendations of the applicable Manufacturer or Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions or recommendations will be effective to assign to Owner, the Construction Program Manager, or the Design Consultant any of their consultants, agents, or employees, or inspectors, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake any responsibility contrary to the provisions of Article 2 or Article 3. 4.6.4 If, within one year after the Date of Final Completion of the Work or designated portion thereof, or within one year after acceptance by the Owner of designated Attachment number 1 Page 43 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-30 equipment, or within such longer period of time as may be prescribed by law, or as provided elsewhere in the Contract Documents, any of the Work is found to be defective, Contractor shall correct same within seven (7) days, or such other period as mutually agreed, after receipt of a written Notice from the Owner to do so. The Owner shall give such Notice to Contractor with reasonable promptness after discovery of the condition. 4.6.4.1 Nothing contained in Paragraphs 4.6 and 4.7 shall be construed as establishing a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents. The establishment of the time period as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to his obligations other than specifically to correct the Work. 4.6.5 If, at any time, deficiencies in the Work are discovered which are found to have resulted from fraud or misrepresentation, or an intent or attempt to or conspiracy to defraud the Owner, Construction Program Manager or Design Consultant by the Contractor, any Subcontractor or Supplier, the Contractor will be liable for replacement or correction of such Work and any damages, including all reasonable attorneys fees, litigation expenses and costs, which Owner, Construction Program Manager or Design Consultant has incurred related thereto, regardless of the time limit of any guarantee or warranty. 4.7 UNCOVERING AND CORRECTION OF WORK 4.7.1 If any portion of the Work should be covered contrary to the request of the Owner, Construction Program Manager or the Design Consultant or contrary to requirements specifically expressed in the Contract Documents or to requirements of applicable permits, it must, if required by the Owner, Construction Program Manager or Design Consultant, be uncovered for observation and shall be replaced at the Contractor's expense. 4.7.1.1 If any portion of the Work has been covered which the Design Consultant, Construction Program Manager or the Owner has not specifically requested to observe prior to being covered, either Design Consultant, Construction Program Manager or Owner may request to see such Work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Contract Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance with the Contract Documents, the Contractor shall pay such costs. If such condition was caused by a separate contractor, Contractor may proceed solely against said separate contractor as provided in Article 6. 4.7.2 Any materials or other portions of the Work, installed, furnished or stored on site which are not of the character or quality required by the Specifications, or which are not in accordance with the guarantees and warranties specified in the Contract Documents, whether observed before or after Substantial Completion, and whether or not fabricated, installed or completed, shall be immediately removed and replaced by the Contractor to the satisfaction of the Construction Program Manager, Design Consultant or Owner, when notified in writing to do so by the Construction Program Manager. The Contractor shall promptly reconstruct, replace or correct all Work so rejected and shall bear all costs of correcting such rejected Work, including compensation for the Design Consultant's and the Construction Program Manager's additional services made necessary thereby. Attachment number 1 Page 44 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-31 4.7.2.1 The Contractor, unless removal is waived by the Owner, shall remove from the Project site all portions of the Work which are defective or non-conforming, or if permitted or required, he shall correct such Work in place at his own expense promptly after receipt of Notice; such rejected Work shall not thereafter be tendered for acceptance unless Contractor shall give the Construction Program Manager timely Notice that the Work being tendered was formerly defective or was subject to a requirement for correction. 4.7.2.2 If the Contractor does not proceed with the correction of such defective or non-conforming Work within the time fixed by written Notice from the Construction Program Manager, the Owner may either (1) by separate contract or otherwise replace or correct such Work and charge the Contractor the cost occasioned the Owner thereby and remove and store the materials or equipment at the expense of the Contractor, or (2) terminate this Contract for default as provided in Paragraph 14.3. If the Contractor does not pay the cost of such replacement or correction and the removal and storage within ten (10) days thereafter, the Owner may upon ten (10) additional days' written Notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for additional services of the Design Consultant and the Construction Program Manager made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be withheld from any sums due Contractor under this Contract. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 4.7.2.3 The Contractor shall bear the cost of making good all work of the Owner or separate contractors destroyed or damaged by such correction or removal required by the Contract Documents. 4.7.3 If Owner elects to accept defective or non-conforming Work, he may do so rather than require its removal and correction, in which case Owner may reduce monies payable to Contractor in an amount which, in the opinion of the Construction Program Manager, is fair and equitable therefor; or the Owner may elect to accept payment in materials or services in lieu of a reduction in monies otherwise payable Contractor. If the amount of a reduction is determined after final payment, it shall be paid to the Owner by the Contractor. 4.8 TAXES 4.8.1 The Contractor shall pay all sales, consumer, use, excise, gross receipts, and other similar taxes legally enacted at the time of Bid by Contractor, whether or not yet effective, required to be paid in connection with the Work or upon materials, tools or equipment brought to the Project site or used in the Work, and all ad-valorem or personal property taxes levied against any tools or equipment utilized by the Contractor in the performance of the Work, all of which shall be deemed included in the Contract Sum. 4.8.1.1 If any of the foregoing taxes are not paid by the Contractor in a timely manner, the Owner may withhold the amount of any such taxes from any amounts otherwise due to Contractor and submit the amount so withheld to the appropriate taxing authority on behalf of the Contractor and credit said amount against the remaining monies due Contractor. 4.9 PERMITS, FEES AND NOTICES 4.9.1 Except as otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits and governmental fees, or charges, licenses and inspections necessary for the proper execution and completion of the Work which are Attachment number 1 Page 45 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-32 legally required at the time the bids are received. Contractor shall not be entitled to any additional time for performance because of his failure to secure any required permits in a timely manner. 4.9.1.1 Contractor shall pay all charges of utility owners for connections to the Work. 4.9.2 The Contractor shall give all Notices and comply with all Laws and Regulations bearing on the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner, Construction Program Manager, nor Design Consultant shall be responsible for monitoring Contractor's compliance with any Laws and Regulations. 4.9.3 If Contractor observes that the Specifications or Drawings or any work performed or observed by Contractor are at variance with any Laws and Regulations, Contractor shall give Construction Program Manager prompt written Notice thereof as required by this Contract. Contractor shall not proceed with such work without written instructions from the Construction Program Manager or Design Consultant in accordance with the Contract Documents. If Contractor performs any Work or covers up or otherwise makes inaccessible any Work, knowing or having reason to know, that it is contrary to such laws, codes, regulations or orders, and without such Notice to Construction Program Manager, Contractor shall bear all costs arising therefrom. 4.10 ALLOWANCES 4.10.1 It is understood that included in the Contract Price are all allowances so required and named in the Contract Documents and Contractor shall cause the work so covered to be done by such trades or Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to Construction Program Manager and Owner. 4.10.2 Unless otherwise provided in the Contract Documents: .1 These allowances shall cover the cost to the Contractor, less any applicable trade discount, of the materials and equipment required by the allowance delivered at the site, and all applicable taxes; .2 The Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allowance; and .3 Whenever the cost is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, the amount of which will recognize changes, if any, in handling costs on the site, labor, installation costs, overhead, profit and other expense. 4.11 CONSTRUCTION SCHEDULE 4.11.1 The Contractor shall strictly comply with Article 13 hereof. 4.11.2 Contractor covenants and warrants to Owner that Contractor will not: .1 Misrepresent to Owner its planning, scheduling, and coordination of the Work; .2 Utilize schedules different from those made available to the Owner and Construction Program Manager for the direction, execution and coordination of the Work, or which are not feasible or realistic; or Attachment number 1 Page 46 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-33 .3 Prepare schedules, updates, revisions or reports which do not accurately reflect Contractor's actual intent or Contractor's reasonable and actual expectations as to: the sequences of activities; the duration of activities; the responsibility for activities; labor availability, productivity, or efficiency; expected or reasonably foreseeable inclement weather conditions; the value associated with an activity or group of activities; the percentage complete of any activity or path of activities; completion of any item of work or activity; projected actual project completion; delays, slippages, or problems encountered or expected; Subcontractor requests for time extensions, or delay claims of Subcontractors, and if applicable, the float time available. 4.11.3 Contractor's failure to substantially comply with the covenants and guarantees of Subparagraph 4.11.2 shall be a substantial and material breach of this Contract which will permit Owner to terminate Contractor for default, or withhold payments under the Contract Documents, and shall entitle Owner to the damages afforded for misrepresentation or fraud by these Contract Documents or applicable law, including attorney's fees and costs. 4.11.4 Should Contractor fail to substantially comply with the provisions of the Contract Documents relating to scheduling and execution of the Work in accordance with the Construction Schedule, Owner shall have the right, at its option, to direct the Construction Program Manager to prepare schedules, reports, updates and revisions of the schedule in accordance with the Contract Documents and to review and analyze same, in order to allow Construction Program Manager to evaluate the progress of the Work by Contractor, to determine whether Contractor is substantially complying with the Contract Documents, and to direct such action of the part of the Contractor, as permitted by the Contract Documents, as required to insure that Contractor will complete the Work within the Specific Dates and the Contract Time. All costs and expenses and fees incurred by Owner and Construction Program Manager in preparing the schedule hereunder shall be withheld from monies otherwise due Contractor. If Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, Contractor hereby agrees, in such instance, to comply with such schedules as prepared by the Construction Program Manager, if any, or directions, and activity sequences and durations as Construction Program Manager may reasonably require, without additional cost to the Owner (subject only to cost adjustments for such changes in the Work as Owner may direct), to insure completion of the Work, or specified portions thereof, within the Specific Dates or the Contract Time. 4.12 RESPONSIBILITY FOR COMPLETION 4.12.1 The Contractor shall furnish such manpower, materials, facilities and equipment and shall work such hours, including additional shifts, overtime operations and Sundays and holidays, as may be necessary to insure completion of the Work or specified portions thereof within the Specific Dates as set forth in the Contract Documents. If it becomes apparent to the Construction Program Manager, that the Work, or any required portion thereof, will not be completed by any of such dates, Contractor agrees to undertake some or all of the following actions, at no additional cost to the Owner (including, but not limited to, the payment by Contractor of additional costs or overtime for Construction Program Manager and Design Consultant relating thereto, and any additional charges for inspectors or other necessary services), in order to ensure, in the opinion of the Construction Program Manager, that Contractor will comply with all completion requirements: .1 Increase manpower, materials, trades, crafts, equipment and facilities; Attachment number 1 Page 47 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-34 .2 Increase the number of working hours per shift, shifts per working day, working days per week, or any combination of the foregoing; and .3 Reschedule activities to achieve maximum practical concurrency of accomplishment of activities. 4.12.2 In undertaking the actions required under Subparagraph 4.12.1, Contractor shall comply with the requirements for a Recovery Schedule or Schedule Revision set forth in Article 13. 4.12.3 If the actions taken by the Contractor under Subparagraph 4.12.1 are not satisfactory to the Construction Program Manager, the Construction Program Manager may direct the Contractor to take any and all other actions necessary to ensure completion within the Specific Dates and Contract Time, without additional cost to the Owner. Contractor shall continue to assume full responsibility for his performance and for his completion within the Specific Dates or Contract Time. 4.12.4 In the event that the Owner requires overtime, Saturday, Sunday or holiday work by Contractor or his Subcontractor, and such requirement is not related in any way to Contractor's responsibility under Subparagraph 4.12.1, Owner shall reimburse Contractor in accordance with the provisions of Subparagraph 3.6.2. 4.12.5 Contractor shall require that his Superintendent and field staff be at the Project site not less than ten hours per day, six days per week, or such longer period as may be required, if, in the opinion of the Construction Program Manager, Contractor will not be able complete the Work, or any designated portion thereof, by the Specific Dates therefor unless this and other actions required by this Paragraph 4.12 are taken by Contractor. 4.12.6 The requirements of this Paragraph 4.12 do not diminish, modify or relieve Contractor's responsibility to comply with all applicable codes, local noise ordinances, all highway permit requirements and all other laws, regulations, rules, ordinances, permit requirements and orders of any public authority having jurisdiction. 4.12.7 Failure of the Contractor to substantially comply with the requirements of this Paragraph 4.12 and Article 13 hereof, may be grounds for a determination by the Owner, pursuant to Article 14, that the Contractor is failing to prosecute the Work with such diligence as will ensure its completion, or the designated portions thereof, within the dates specified. 4.13 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.13.1 The Contractor shall review, approve and submit, with reasonable promptness (if no specific time period is stated elsewhere in the Contract Documents), and in such a sequence as to cause no delay in the Work or in the work of the Owner or any separate contractor, all Shop Drawings, Product Data, Manuals, Samples or other Submittals required by the Contract Drawings. 4.13.2 Unless otherwise directed in writing by the Construction Program Manager, or otherwise provided in the Contract Documents, Contractor shall submit all required Shop Drawings, Product Data, Samples and other Submittals required by the Contract Documents, within ninety (90) days from the date of the Notice to Proceed. 4.13.2.1 Unless directed otherwise by the Construction Program Manager Contract Documents, for standard manufactured items not requiring special shop drawings for manufacture, Contractor shall submit at least four (4) paper and (1) electronic document (.pdf) of manufacturer's catalog sheets showing illustrated cuts of item to be furnished, scale Attachment number 1 Page 48 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-35 details, sizes, dimensions, performance characteristics, capacities, wiring diagrams and controls, and all other pertinent information. 4.13.2.2 Unless otherwise directed by the Construction Program Manager, for all other Shop Drawings, Contractor shall submit (1) electronic (.pdf) copy and at least (3) legible, unfolded, opaque prints for each drawing. Each drawing shall have a clear space for stamps. When the phrase "by others" appears on shop drawings, the Contractor shall indicate on the drawing, before submittal, who is to furnish material or operations so marked. 4.13.2.3 For use of all trades and separate contractors (if applicable), the Contractor shall provide such number of prints as are required for proper coordination and installation of the Work. 4.13.2.4 Within forty-eight (48) hours of receiving submittals back from the Design Consultant, Contractor shall submit (1) .pdf file and (1) paper copy to the Construction Program Manager. 4.13.3 By approving and submitting Shop Drawings, Product Data, Manuals and Samples, the Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto; that he has checked and coordinated the information contained within such submittals with the requirements of the Work, with other separate contractors, and with any other requirements of the Contract Documents; and that the Shop Drawings are complete and accurate with respect to quantities, dimensions, specified performance and design criteria, materials and similar data, so as to enable the Design Consultant to properly review the information. .1 Parts and details not fully indicated on the Drawings shall be detailed by the Contractor in accordance with standard engineering practice. Dimensions on the Drawings, as well as detailed drawings themselves are subject in every case to measurements of existing, adjacent, incorporated and completed Work, which shall be verified by the Contractor before undertaking any work dependent on such data. The Contractor shall adhere to any supplementary processing and scheduling instructions pertaining to Shop Drawings which may be issued by the Construction Program Manager. 4.13.4 Contractor shall not submit for review and approval hereunder any Shop Drawing, Product Data, Sample or other Submittal which is in deviation with or in variation from the requirements of the Contract Documents, without first having obtained a Change Order therefor in accordance with the requirements of Article 12 hereof. All responsibility and liability for any such deviations or variances which may be contained in any Shop Drawings, Product Data, Sample or other Submittal rests upon the Contractor, unless a Change Order is issued approving the deviation or variance. .1 Owner has no obligation to approve any deviation or variance from the Contract Documents, and any approval thereof is in Owner's sole discretion. Specific and express approval of every deviation or variance is required hereunder. The failure of Owner or the Design Consultant to reject any Shop Drawing or other Submittal because of a deviation or variance, of which they were not aware during the review process, does not mean the deviation or variance is approved. Contractor shall bear all risk regarding all deviations and variances not specifically and expressly approved hereunder. .2 In seeking approval of a deviation or variance with the requirements of the Contract Documents, Contractor shall request in writing and in detail any such deviations or variances desired. Contractor shall make, at his own expense, any Attachment number 1 Page 49 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-36 Shop Drawings, Product Data, Samples or other Submittals which reflect the requested deviation or variance and shall direct specific attention in writing to same. Contractor shall also submit with his request a cost proposal relating thereto reflecting any proposed change in Contract Sum. Contractor's request shall be reviewed by the Design Consultant and, if acceptable to Owner, a Change Order will be issued. In this process, Contractor shall make, at his own expense, any changes in the Shop Drawing or Submittal containing the proposed deviation or variance as required by the Design Consultant and shall bear the cost of any additional services performed by the Design Consultant and Construction Program Manager relating thereto. .3 The approval of a deviation or variance for a separate item as such will not indicate approval by the Design Consultant or the Owner of the assembly in which the item functions. 4.13.5 Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data, Samples, Manuals or other Submittals, by the Design Consultant's review or the Construction Program Manager's routing thereof. 4.13.6 Contractor shall make corrections required by the Design Consultant and shall resubmit the required number of corrected copies of Shop drawings or new Product Data or Samples. When Shop Drawings are stamped "Revise and Resubmit", the Contractor shall correct original submittal and submit a new electronic .pdf file and opaque prints for review. Resubmittals necessitated by required corrections shall not be cause for any extensions to any of the Specific Dates or the Contract Time. In the event that submittals UHTXLUH PRUH WKDQ WZR UHYLHZV E\ WKH 'HVLJQ &RQVXOWDQW UHVXOWLQJ IURP &RQWUDFWRU¶V errors or failure to coordinate the Work, the Owner reserves the right to hold the Contractor responsible and adjust payments accordingly, for any additional services fees related thereto and incurred by the Owner, from the Design Consultant. 4.13.7 Contractor shall direct specific attention, in writing, on resubmitted Shop Drawings, Product Data, Samples or Manuals, to revisions other than those requested by the Design Consultant on previous submittals. 4.13.8 Contractor acknowledges and agrees that the Shop Drawing and Submittal approval process is not used by the Owner for ordering Changes in the Work, including Substitutions. If during the Shop Drawing and Submittal process, the Design Consultant makes any comments, notations or markings on the Shop Drawings, Product Data, Samples or other submittals or revises any requirements for Products which, in the opinion of Contractor, are not in accordance with the Contract Documents, laws, regulations, codes or orders of any public authority having jurisdiction, or constitute a Change in the Work, Contractor shall, within seven (7) days of receipt back of said Shop Drawings or Submittals, notify Construction Program Manager thereof. Contractor shall not proceed with said revisions or alleged Changes in the Work unless a Change Order is issued in accordance with Article 12 or a clarification relating thereto is issued by Design Consultant. If Contractor proceeds with execution of the Work without written authorization therefor as herein provided, or if Contractor does not notify the Construction Program Manager in accordance with the requirements of this Subparagraph 4.13.8, Contractor shall be fully responsible for all additional costs incurred by Contractor and shall have waived any claim for costs or a time extension relating thereto. 4.13.9 No portion of the Work requiring submission of Shop Drawings, Product Data, Samples or Manuals shall be commenced until the submittal has been approved by the Design Consultant as provided by Article 2. All such portions of the Work shall be in accordance with approved submittals. Attachment number 1 Page 50 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-37 4.13.10 Shop Drawings, Product Data and Samples shall be dated and shall bear the name of the Project; a description of and the names of equipment, materials and items; and complete identification of locations at which materials or equipment are to be installed. 4.13.11 All Submittals shall be accompanied by a transmittal letter, containing the name of the Project, transmittal date, the Contractor's name, submittal number, the number of Shop Drawings, Product Data, Samples, or Manuals, block titles and other pertinent data. 4.13.12 Each Shop Drawing and other Submittal shall bear the Contractor's stamp or seal stating that the Submittal has been reviewed by the Contractor and that it conforms to the requirements of the Contract Documents. 4.13.13 Within fourteen (14) days after receiving the Design Consultant's comments and, in any case, before the applicable portion of the Work is started, the Contractor shall again review and coordinate the Submittal with other separate contractors working on the Project. If Contractor has coordination problems with a separate contractor's work, Contractor shall promptly resolve same directly with the separate contractor. If no resolution can be reached between Contractor and the separate contractor, the Construction Program Manager will make a determination which shall be binding upon Contractor and the separate contractor. 4.13.14 Owner, at his discretion, may require that laboratory tests be made on any materials submitted for incorporation in the Project. When tests are so required, the Contractor shall deliver Samples of sufficient size and quantity, to meet testing laboratory requirements, deliver Samples to testing laboratory and forward a letter to the Owner advising of such delivery with a copy to the Construction Program Manager. 4.13.14.1 Contractor shall pay all expenses in connection with obtaining any laboratory testing of any material required by the Contract Documents to be tested. Reports of testing laboratory shall be forwarded by the laboratory; original and three (3) copies to the Construction Program Manager and one (1) copy to Contractor. 4.13.14.2 Based upon the test report, the Owner will make the final determination as to whether or not the tested article meets the Contract requirements. Should the tested material fail to meet Contract requirements, the Contractor will then take immediate action to submit other materials for test and approval which will meet the Contract requirements. Any retesting needed to assure compliance with the Contract Documents shall not be cause for a time extension. 4.13.15 In the case of materials for which laboratory tests are not required, Contractor shall deliver Samples, properly labeled, to the Construction Program Manager at the Project site. Promptly after receipt, the Construction Program Manager shall request the Design Consultant to examine the Samples and note upon a label affixed to the sample the Design Consultant's recommendations as to whether or not the Samples satisfy the requirements of the Contract Documents. 4.13.16 Approved Samples shall remain on the Project site in the custody of the Construction Program Manager for use in checking the material or equipment incorporated in the Work. 4.14 EQUAL PRODUCTS AND SUBSTITUTIONS 4.14.1 All Substitutions and equal Products permitted by the Contract Documents must strictly conform to the requirements of this Paragraph 4.14. No Substitutions, and no Products which Contractor believes are "or equal," are permitted by Contractor for any Attachment number 1 Page 51 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-38 brand, make, manufacturer, Product or form or type of construction specified or named in the Contract Documents except as specifically provided by this Paragraph 4.14 or by specific language in the Drawings or Specifications indicating that an equal Product will be permitted. 4.14.1.1 Except as otherwise provided for by the provisions of any applicable laws, the Contractor shall not have any right of appeal from the decision of the Design Consultant and Owner rejecting any unapproved Products or materials (for example, without limitation, Products for which Contractor has not yet secured "or equal" approval as required herein) or Substitutions, delivered to or installed in the Work, if the Contractor fails to timely obtain the approval for (1) the item or Product he believes to be "or equal" or (2) the Substitution under this Paragraph 4.14. 4.14.2 Unless otherwise specifically provided in the Contract Documents (such as a name being followed by words indicating that no equal Product is permitted), the naming in the Contract Documents of a certain brand, make, manufacturer, Product or form or type of construction, is intended to convey the general style, type, character and standard of quality of the item desired and shall not be construed as limiting competition. Subject to the provisions of this Paragraph 4.14, Contractor may, with written approval of the Design Consultant, use any brand, make, manufacturer, Product, and form or type of construction which, in the judgment of the Design Consultant, is at least equal to that specified. An item may be considered equal to the item so named or described if, in the opinion of the Design Consultant: (1) it is at least equal in quality, durability, appearance, strength, and design; (2) it will perform at least equally the specific function imposed by the general design for the work being contracted for or the material being purchased; (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the specifications; and (4) it will meet dimensional limitations and fit into the space and location for the specified item. Approval by the Design Consultant will be granted only if the equal Product complies with all requirements of the Contract Documents for quality, artistic effect, workmanship, economy of operation, dimensional considerations, suitability for the purpose intended, and acceptability for use on the Project. If approved, as provided herein, the Owner shall not be liable to Contractor for any additional cost or time for performance, if any, arising out of or related in any way to the equal Product. 4.14.3 Subject to the requirements of this Paragraph 4.14, Substitutions are permitted only if the Contractor submits written documentation, satisfactory to the Construction Program Manager and approved by the Design Consultant and Owner, evidencing that: (1) through no fault of the Contractor or any Subcontractor, the Manufacturer cannot make scheduled delivery of the specified Product in order for the Product to be installed within the time required to complete parts, portions, systems, components of the Work or the Work itself by a Specific Date; (2) the brand, make, manufacturer, Product or form or type of construction specified or named in the Contract Documents is not approved by or in accordance with applicable laws, codes or regulations or is not compatible with equipment, systems, Products or components otherwise specified in the Contract Documents; or (3) the brand, make or Product specified or named in the Contract Documents is no longer available or manufactured. 4.14.3.1 If approved, the Substitution shall be recorded in the Contract Documents by Change Order; if unapproved, the proposed Substitution shall not become part of the Work. If approved as provided herein, the Owner shall not be liable to Contractor for any additional cost or time for performance, if any, arising out of or related in any way to the Substitution unless specifically provided for in said Change Order. If the Owner is entitled to a credit for the Substitution approved, the Change Order shall specify such credit. Attachment number 1 Page 52 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-39 4.14.3.2 To obtain such approval for Substitutions of makes or brands of material or Products other than those specified in Contract Documents, the Contractor's request for approval of any Substitution shall include: (1) complete data substantiating compliance of the proposed Substitution with the Contract Documents; (2) Product identification including manufacturer's name, address and phone number; (3) Manufacturer's literature showing complete Product description, performance and test data, and all reference standards; (4) Samples of proposed and specified materials or Products and colors for comparison purposes; (5) name and address of similar projects on which the Product was used and date of installation; (6) for a form or type of construction, a detailed description for the proposed form or type of construction and drawings illustrating same; (7) itemized comparison of the proposed Substitution with the item or form or type of construction specified and any cost reduction which shall benefit the Owner; (8) accurate cost data on proposed Substitution in comparison with item, Product or form or type of construction specified; and (9) all directions, specifications, and recommendations by manufacturers for installation, handling, storing, adjustment, operation and maintenance. 4.14.3.3 The Contractor, in submitting a request for a Substitution, warrants to the Owner as follows: (1) he will coordinate installation of accepted Substitutions into the Work, making all such necessary changes, including, but not limited to, any required schedule adjustments as may be required for the Work to be complete in all respects within the Contract Time and Specific Dates; and (2) he waives all claims for additional costs and additional time related to Substitutions which subsequently become apparent; and he agrees to hold the Owner harmless from claims for extra costs and time incurred by separate contractors or his Subcontractors or Suppliers, or additional services which may have to be performed by the Construction Program Manager and/or Design Consultant, for Changes or extra work that may, at some later date, be determined to be necessary in order for the Work to function in the manner intended in the Contract Documents. 4.14.3.4 The Owner or Design Consultant, through the Construction Program Manager, may require tests, at the Contractor's expense, of all materials proposed for Substitution so submitted to establish quality standards or to otherwise test the suitability or acceptability of the proposed Substitution. After approval of a Substitution, if it is determined that Contractor submitted defective information or data regarding the Substitution upon which Owner's approval was based, that unexpected or uncontemplated extensive redesign or rework of the Project will be needed before the Substitution will fit properly into the existing design (or that the Substitution will not perform or function as well as the specified item or form or type of construction for which the Substitution was requested), the Contractor will be required to furnish the original specified item or request approval to use another Substitution; or, in the sole discretion of the Owner, Contractor shall pay all costs of Owner relating to such redesign or rework; the Contractor shall also pay all costs, expenses or damages associated with or related to the unacceptability of such a Substitution and the resultant utilization of another item; the Contractor shall not be entitled to any additional compensation or any extension of any Specific Date under such circumstances. 4.14.3.5 Subject to the provisions of any applicable laws, approval for Substitutions shall be at the sole discretion of the Owner and shall be effective solely upon the issuance of a Change Order therefor. The decision of the Owner shall be final. 4.15 USE OF SITE 4.15.1 The Contractor shall confine operations at the site (including, but not limited to construction equipment, the storage of materials and equipment, and the activities or tasks of workers) to areas permitted by law, ordinances, permits, easements, right-of-way agreements and the Contract Documents. Contractor shall not unreasonably encumber the site, in the opinion of the Owner or the Construction Program Manager, with any Attachment number 1 Page 53 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-40 materials, equipment or trailers or block the entrances, or otherwise prevent reasonable access to the site, other working and parking areas, completed portions of the Work and/or properties, storage areas, or areas of other facilities that are adjacent to the project site. 4.15.2 If the Contractor is deemed to be in violation of his responsibility under 4.15.1 and he fails or refuses to move said material, equipment or trailers within 24 hours of notification by the Owner, through the Construction Program Manager, to so do, the Owner shall have the right, without further Notice, to remove, at the Contractor's expense, any material, equipment and/or trailers which the Owner deems are in violation of Paragraph 4.15.1. 4.15.3 Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against Owner, Construction Program Manager, or Design Consultant by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to settle with such party by agreement or otherwise resolve the claim at law. Contractor shall, to the fullest extent permitted by laws, indemnify and hold Owner, Construction Program Manager, and Design Consultant harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of Design Consultant, Construction Program Manager, attorneys and other professionals, and court costs) arising directly, indirectly, or consequentially out of any action, legal, or equitable, brought by any such other party against Owner, Construction Program Manager, or Design Consultant to the extent based on a claim arising out of Contractor's performance of the Work. 4.16 CUTTING AND PATCHING OF WORK 4.16.1 The Contractor shall be responsible for all cutting, fitting or patching that may be required to complete the Work or to make its several parts fit together properly and integrate with such other work and in accordance with the Contract Documents. 4.16.2 The Contractor shall not damage or endanger any portion of the Work or the work of the Owner or any separate contractors by cutting, patching or otherwise altering any work, or by excavation. The Contractor shall not cut or otherwise alter the work of the Owner or any separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor shall not unreasonably withhold from the Owner or any separate contractor his consent to cutting or otherwise altering the Work. The Owner shall not be required to accept Work with a cut, splice, or patch when such cut, splice or patch is not generally accepted practice for the particular work involved or is otherwise unworkmanlike in the opinion of the Owner, Construction Program Manager or Design Consultant. 4.16.3 Existing structures, buildings, Underground Facilities or Utilities, grade, streets, curbs, walks, and the like, which are damaged or removed due to required excavations or other construction work, shall be patched, repaired or replaced by the Contractor to satisfaction of Construction Program Manager, Design Consultant, the owner of such structures and facilities, and authorities having jurisdiction thereof. In the event the local jurisdictional authorities require such repairing and patching be done with their own labor and materials, Contractor shall abide by such regulations and pay for such work at no additional expense to the Owner, and Contractor shall not be entitled to any additional time for performance because thereof. 4.17 CLEANING UP Attachment number 1 Page 54 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-41 4.17.1 The Contractor at all times shall keep the premises free from accumulation of waste materials, rubbish and other debris caused by his operations or resulting from the Work. At the completion of the Work and before final payment is made, Contractor shall remove all his waste materials and rubbish from and about the Project as well as all his tools, appliances, construction equipment, machinery and surplus materials. Contractor is not permitted to burn or bury any waste materials, rubbish and other debris on site. 4.17.2 Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 4.17.3 If Contractor fails to clean up during or at the completion of the Work, Owner may do so as provided in Paragraph 6.3 and the cost thereof shall be charged to Contractor. 4.18 COMMUNICATIONS 4.18.1 The Contractor shall forward all communications, whether to the Design Consultant or to the Owner, only through the Construction Program Manager. Similarly, all communications to the Contractor from the Owner or the Design Consultant will flow to the Contractor through the Construction Program Manager unless otherwise directed by the Construction Program Manager. 4.19 ROYALTIES AND PATENTS 4.19.1 The Contractor shall pay, if applicable, all royalties and license fees incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others, all of which shall be deemed included in the Contract Sum. The Contractor shall not unlawfully use or install any patented or copyrighted article and shall defend, indemnify and hold the Owner, Construction Program Manager, and Design Consultant harmless from and against all judgments, losses, costs or expenses, including attorneys' fees, arising out of any suits or claims for infringement of any patent rights or copyrights related thereto. 4.19.2 In the event of any injunction or legal action arising out of any such infringement which has the effect of stopping the Work, the Owner may require the Contractor to substitute such other articles of like kind as will make it possible to proceed with and complete the Work within the Contract time and Specific Dates, and all costs and expenses occasioned thereby shall be borne by the Contractor. Under such circumstances, Contractor shall not be entitled to any time extension under this Contract for any delay relating thereto. 4.20 INDEMNIFICATION 4.20.1 To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify, defend, and hold harmless the Owner, the Construction Program Manager and the Design Consultant and their agents, representatives, and employees from and against all claims, actions, judgment, cost, liabilities, penalties, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the Work, provided that any such claim, action, judgment, cost, liability, penalty, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 4.20.2 In any and all claims against the Owner, the Construction Program Manager or the Design Consultant or any of their agents, representatives, or employees by any Attachment number 1 Page 55 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-42 employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 4.20 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 4.21 PERSONS AUTHORIZED TO SIGN DOCUMENTS AND MAKE DECISIONS FOR CONTRACTOR 4.21.1 The Contractor, within five (5) days after the earlier of the date of Notice to Proceed or the date of the Owner-Contractor Agreement, shall file with the Construction Program Manager a list of all persons who are authorized to sign documents such as contracts, certificates, Change Orders, pay requests and affidavits on behalf of the Contractor and to fully bind the Contractor to all the conditions and provisions of such documents, except that in the case of a corporation he shall file with the Construction Program Manager a certified copy of a resolution of the Board of Directors of the corporation in which are listed the names and titles of corporation personnel who are authorized to sign documents on behalf of the corporation and to fully bind the corporation to all the conditions and provisions of such documents. 4.21.2 Unless Contractor shall advise the Construction Program Manager in writing to the contrary within five (5) days after the Effective Date of the Agreement, Owner, Construction Program Manager and the Design Consultant shall have the right to rely upon the authority of the Contractor's Project Manager or Superintendent on a daily basis relating to the day-to-day administration of Contractor's Work, including, but not limited to, the submission of scheduling data, the agreement upon action items and schedules for the Work at job meetings and to otherwise represent and make decisions for the Contractor and make agreements with the Owner and Construction Program Manager as are necessary for the proper execution of Contractor's responsibilities in accordance with the Contract Documents. 4.22 CONDITIONS AFFECTING THE WORK 4.22.1 The Contractor shall be responsible for taking all steps necessary to ascertain the nature and location of the Work and the general and local conditions which can affect the Work or the cost thereof, including, but not limited to the requirements of Paragraph 1.2 hereof. Failure by the Contractor to fully acquaint himself with conditions which may affect the Work, including, but not limited to conditions relating to transportation, handling, storage of materials, availability of labor, water, roads, weather, topographic and subsurface conditions, other separate contractors, multi-prime contract conditions, applicable provisions of law, and the character and availability of equipment and facilities needed prior to and during the execution of the Work, and all other conditions which may affect the Work of Contractor, shall not relieve the Contractor of his responsibilities under the Contract Documents and shall not constitute a basis for an adjustment in the Contract Sum, Specific Dates or the Contract Time under any circumstances. The Owner, Construction Program Manager and Design Consultant assume no responsibility for any understanding or representation about conditions affecting the Work made by any of the Contractor's officers, employees, representatives, or agents or any of his Subcontractors prior to the execution of the Contract, unless such understandings or representations are expressly stated in the Contract Documents. 4.22.2 If in the execution of the Work any valuable items or materials of any kind are discovered buried or hidden within the Work, such items or materials shall be the property of the Owner. The Contractor shall take reasonable precautions to prevent any persons from removing or damaging such items or materials and shall immediately upon Attachment number 1 Page 56 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-43 discovery thereof and before removal, inform the Construction Program Manager with such discovery and carry out, at the expense of the Contractor, the Construction Program Manager's orders as to disposal of the same. 4.23 TESTS 4.23.1 Contractor shall give Construction Program Manager timely Notice of readiness of the Work for all required inspections, tests, or approvals so that Construction Program Manager, Commissioning Consultant and Design Consultant may observe same. 4.23.2 If the Contract Documents, or laws, regulations, rules or orders of any public authority having jurisdiction, require any portion of the Work to specifically be inspected, tested, or approved, LQFOXGLQJ2ZQHU¶V,QVSHFWLRQ&RQVXOWDQWContractor shall assume full responsibility of coordination thereof. Contractor shall also be responsible for and shall pay all costs associated with any investigation, inspection or testing required in connection with Owner's or Design Consultant's acceptance of a Subcontractor, Supplier or specific item of equipment proposed to be substututed in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. .1 Unless otherwise provided in the Contract Documents, Contractor shall pay for all utilities required for testing of installed equipment for the Work. Labor and supervision required for facilitating such tests shall also be provided by Contractor at no additional cost to Owner. .2 If any of the Work that is to be inspected, tested, or approved is covered before required tests and inspections are duly completed, the Work, or portion thereof, must, if requested by Construction Program Manager or Design Consultant, be uncovered for observation. Such uncovering shall be at Contractor's expense, and Contractor shall not be entitled to any additional time for performance therefor. 4.23.3 If the Design Consultant or the Construction Program Manager determines that any Work requires special inspection, testing, or approval which are not within the scope of Subparagraph 4.23.2, Construction Program Manager will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give Notice as provided in Subparagraph 4.23.1. If such special inspection or testing reveals a failure of the Work to comply (1) with the requirements of the Contract Documents, or (2) with Laws and Regulations, Contractor shall bear all costs thereof, including compensation for the Design Consultant's and the Construction Program Manager's additional services made necessary by such failure, and Contractor shall not be entitled to any additional time for performance because thereof. If such special inspection or testing reveals that the Work is in accordance with all of the applicable requirements, Owner shall bear all costs thereof. 4.23.4 All inspections, tests, or approvals other than those required by laws, regulations, rules or orders of a public authority having jurisdiction, including all inspections and tests required to establish compliance with the Contract Documents shall be performed by an independent testing agency or organizations approved by or under contract with the Owner. When the initial tests indicate non-compliance with the Contract Documents any subsequent testing occasioned by non-compliance shall be performed by the same agency and the cost thereof shall be borne by the Contractor. Representatives of the testing agency shall have access to the Work at all times. Contractor shall provide facilities required in order for the agency to properly perform its functions. .1 The independent testing agency shall prepare test reports, logs, and certificates applicable to the specific inspections and tests and deliver, within forty-eight (48) Attachment number 1 Page 57 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-44 hours after tests and inspections have been made, the specified number of copies to the designated parties. Certificates of inspection, testing or approval required by public authorities shall be secured by the Contractor and promptly delivered by him to the Construction Program Manager, in adequate time to avoid delays in the Work or final payment therefor. 4.23.5 Contractor shall pay for and be solely responsible for inspections or testing performed exclusively for his own convenience. 4.23.6 Neither observations by the Construction Program Manager or the Design Consultant nor inspections, tests, or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with all of the requirements of the Contract Documents and applicable laws, codes, regulations, rules and orders of any public authority having jurisdiction. 4.24 QUALITY CONTROL 4.24.1 Contractor shall establish a quality control system to perform inspections and tests of all portions of the Work, including that of Subcontractors. Contractor's quality control system is the means by which Contractor assures himself that the Work as being performed, complies with the Contract Documents. While Construction Program Manager or Design Consultant may from time to time review the Work, Contractor is the party responsible for accurate testing and inspection to ensure that the Work satisfies all requirements of the Contract Documents. 4.24.2 Contractor shall include activities, durations and sequences therefor within the Construction Schedule and shall coordinate the quality control activities with all other activities of Contractor and his Subcontractors. The quality control system shall be adequate to cover all construction operations for the Work. 4.24.3 Contractor's superintending staff shall be used for quality control. Unless the Construction Program Manager approves otherwise in writing, Contractor's Superintendent will be Contractor's representative in charge of quality control, supplemented by such additional personnel, technicians, or testing facilities as may be reasonably necessary to ensure that the Work conforms to the Contract Documents. 4.24.4 Contractor shall submit for approval to the Construction Program Manager prior to commencing any portion of the Work on site, a quality control plan which will include the procedure, instructions, and reports to be used. The quality control plan shall also include the following: .1 the quality control organization; .2 the number, authority, responsibility, and qualifications of personnel to be used for quality control; .3 methods of quality control including that of subcontractors; .4 test methods and the frequency of testing, as appropriate or as required, for each Product and component of the Work; .5 identification of testing standards, method of documenting quality control operations, inspections and testing, and report format; and Attachment number 1 Page 58 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-45 .6 a copy of a letter of direction to the Contractor's representative responsible for quality control, outlining duties, authority and responsibilities and signed by a responsible officer of Contractor. 4.24.5 If Contractor fails to satisfactorily perform any required inspections and tests; to submit timely, complete, and factual reports and test data; or otherwise comply with the quality control provisions and requirements of the Contract Documents, and continues to fail after seven (7) days Notice from Construction Program Manager, Owner may terminate Contractor for default under Paragraph 14.3 hereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is defined in Subparagraph 1.1.45. 5.1.2 A Sub-subcontractor is defined in Subparagraph 1.1.46. 5.1.3 A Material Supplier, Supplier or Vendor is defined in Subparagraph 1.1.27. 5.1.4 Whenever the word "Subcontractor" is used in the Contract Documents, it is intended to include within the broad scope of the word, a Sub-Subcontractor or Supplier or Vendor. Any obligation or responsibility imposed upon a Subcontractor by these Contract Documents also is imposed upon a Sub-Subcontractor or Supplier or Vendor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Contractor shall use the major Subcontractors listed by Contractor in his Form of Proposal for the classifications of Work indicated therein, or such other Subcontractors as may be approved by Owner prior to the Notice of Award. Unless otherwise specified in the Contract Documents, and excepting only those major Subcontractors listed in the Form of Proposal or approved by the Owner prior to the Notice of Award Contractor shall, prior to awarding a subcontract, and within thirty (30) days of receipt by Contractor of the Notice to Proceed, furnish to the Construction Program Manager in writing, the names of the persons or entities proposed as Subcontractors for each of the principal portions or major components of the Work. The Contractor shall also advise the Construction Program Manager in writing of any financial interest Contractor has in any of said Subcontractors or Sub-subcontractors or Suppliers. No Subcontractor, Sub-subcontractor or Supplier shall be engaged if objected to by the Owner as provided in the Contract Documents; provided, however, that as to Subcontractors not listed in the Form of Proposal or approved by the Owner prior to the Notice of Award, if the Owner or Construction Program Manager does not give Contractor Notice of such objection in writing within fifteen (15) days of its receipt of such names from the Contractor, such Subcontractor, Sub-subcontractor or Supplier shall be deemed acceptable to the Owner. 5.2.2 The Contractor understands and agrees that no contractual agreement exists for any part of the Work under this Contract between the Owner, Construction Program Manager or Design Consultant and any of the Contractor's Subcontractors, Sub-subcontractors or Suppliers. Further, the Contractor understands and agrees that he alone is responsible to the Owner for all of the Work under this Contract. Attachment number 1 Page 59 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-46 .1 The provisions of this Article 5 shall in no way affect the liability of the Contractor to the Owner regarding performance of all obligations by or payment to Subcontractors, Sub-subcontractors or Suppliers. Owner approval to subcontract or Owner's failure to object to any given Subcontractor or Supplier shall not to any degree relieve the Contractor of his obligation to perform or have performed to the full satisfaction of the Owner all of the Work required by this Contract. .2 Any review of Subcontractors, Sub-subcontractors or Suppliers by Owner, Construction Program Manager or Design Consultant will not in any way make Owner, Construction Program Manager or Design Consultant responsible to any Subcontractor, Sub-subcontractor or Supplier, or responsible to Contractor should said entity be subsequently found to be unqualified or incapable of performing any portion of the Work, or for the actions or failures to act of any Subcontractor, Sub-subcontractor or Supplier. .3 Contractor shall be fully responsible to Owner, Construction Program Manager and Design Consultant for all acts and omissions of Subcontractors, Sub-subcontractors or Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor. 5.2.3 The Contractor shall not contract with any proposed Subcontractor, Sub-subcontractor or Supplier against whom the Owner has given Notice of objection to Contractor under the provisions of Subparagraph 5.2.1. Contractor shall be solely liable for any costs or damages arising because of any Work performed or material or equipment supplied on behalf of Contractor by a Subcontractor, Sub-subcontractor or Supplier, to whom the Owner has objected under Subparagraph 5.2.1. 5.2.4 If the Owner or the Construction Program Manager reasonably and timely gives Notice of objection to any proposed person or entity under Subparagraph 5.2.1, the Contractor shall name a substitute to whom Owner or Construction Program Manager has no reasonable objection. Owner, Construction Program Manager and Design Consultant shall not be liable to Contractor for any claim or cause of action arising out of said objection or substitution. 5.2.5 The Owner or Construction Program Manager shall have the right at any time to object in writing to a Subcontractor, Sub-subcontractor or Supplier, even though same may have been deemed acceptable under the provisions of Subparagraph 5.2.1, and to demand a substitution therefor by Contractor. Except as provided in Subparagraph 5.2.4, should this right to object be executed by Owner or the Construction Program Manager, the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued, subject to an audit of said difference by the Owner. However, no increase in the Contract Sum shall be allowed for any such substitution if: (1) Contractor did not act timely and responsively in submitting names as required by Subparagraph 5.2.1; (2) Owner or Construction Program Manager has stated said objection in writing to a specific Subcontractor, Sub-subcontractor or Supplier before the submission by that entity of a proposal accepted by Contractor; (3) said Subcontractor, Sub-subcontractor or Supplier, is unable to enter into and carry out his Work under his proposed Subcontract; (4) said Subcontractor, Sub-subcontractor or Supplier fails to comply with the experience requirements of the Contract Documents; (5) said Subcontractor, Sub-subcontractor or Supplier fails to comply with all licensing and registration requirements of applicable laws and regulations; (6) the proposed Subcontractor, Sub-subcontractor or Supplier is not an on-going business in the field of his proposed Subcontract; or (7) the proposed Attachment number 1 Page 60 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-47 Subcontractor, Sub-subcontractor or Supplier does not have a labor force and the means of supply compatible with the scope of the Subcontract. 5.2.6 The Contractor shall not terminate the employment of a principal Subcontractor, Sub-Subcontractor or Supplier engaged in the Work prior to the expiration of that subcontract without good cause shown and without Owner's prior approval. The Contractor shall also make no substitution for any Subcontractor, Sub-subcontractor or Supplier, person or entity previously selected if the Owner or the Construction Program Manager makes reasonable objection to such substitution. .1 The requirements of Subparagraph 5.2.6 are solely for the protection of Owner and his Project. Owner, Construction Program Manager and Design Consultant shall have no liability to Contractor or any Subcontractor, Sub-subcontractor or Supplier for Owner's approval or failure to approve the termination of any entity hereunder. 5.3 SUBCONTRACT RELATIONS 5.3.1 The Owner, Construction Program Manager and Design Consultant have no responsibility to deal directly with any Subcontractor, Sub-subcontractor or Supplier. Subcontractors, Sub-subcontractors or Suppliers shall route all communications through Contractor. 5.3.2 All subcontracts and sub-subcontracts shall be in writing. Each subcontract, and each sub-subcontract, shall contain a reference to this Contract and shall incorporate all of the terms and conditions hereof to the full extent applicable to the portion of the Work covered thereby. Each subcontract or sub-subcontract shall require each Subcontractor, Sub-subcontractor or Supplier, to the extent of the Work to be performed by that entity, to be bound to the Contractor by the terms of the Contract Documents and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Contract Documents, assumes toward the Owner. Each Subcontractor or Sub-subcontractor must agree, for the benefit of the Owner, to be bound by, and to require each of his Subcontractors to be bound by, such terms and conditions to the full extent applicable to his Work. Said agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the Contractor-Subcontractor agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Documents, has against the Owner. .1 The Contractor shall make available to each Subcontractor, Sub-subcontractor and Supplier, prior to the execution of the Subcontract, or Purchase Order, copies of the Contract Documents to which the Subcontractor will be bound by this Paragraph 5.3, and identify to the Subcontractor or Supplier any terms and conditions of the proposed Subcontract or Purchase Order which may be at variance with the Contract Documents. Each Subcontractor or Supplier shall similarly make copies of such Documents available to his Sub-subcontractors and Suppliers. 5.3.3 Each subcontract shall provide for his termination by the Contractor if, in the opinion of the Owner or Construction Program Manager, the Subcontractor fails to comply with the requirements of the Contract Documents. Each Subcontractor shall be required to insert a similar provision in each of his subcontracts. In the event of any such failure by a Subcontractor, Sub-subcontractor or Supplier to comply with the Attachment number 1 Page 61 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-48 requirements of the Contract Documents, such Subcontractor, Sub-subcontractor or Supplier, as the case may be, shall be removed immediately by Contractor from the Work and shall not again be employed on the Work. Contractor shall submit the name of a responsible Subcontractor capable of completing the applicable portion of the Work. Owner shall not be responsible for any increased costs to the Contractor or delays occasioned by the termination or substitution required by this Subparagraph 5.3.3. 5.3.4 Each subcontract (and each subcontract entered into pursuant to a subcontract) shall contain insurance, indemnification and waiver provisions for the benefit of the Owner, the Construction Program Manager, the Design Consultant and his respective parent companies, the subsidiary, related and affiliated companies of each and the officers, directors, agents and employees of each, as provided in the Contract Documents. Contractor shall pay each Subcontractor a just portion of any insurance moneys received by Contractor occasioned by losses claimed under policies issued pursuant to Article 11. 5.3.5 Nothing in the Contract Documents shall create any obligation on the part of Owner, Construction Program Manager, or Design Consultant to pay or to see to the payment of any moneys due any Subcontractor, Sub-subcontractor, Supplier, or other person or organization except as may otherwise be required by applicable laws or regulations. 5.3.6 Contractor shall be liable to and indemnify and hold the Owner, Construction Program Manger and Design Consultant and his officers, directors, agents and employees harmless from all costs, expenses, fees, attorney's fees, accountant's fees, damages and claims arising because of the failure of Contractor or any Subcontractor or Sub-subcontractor to comply with the requirements of the Contract Documents (including specifically, without limitation, failure to comply with the provisions of this Paragraph 5.3; failure to incorporate all required terms and conditions hereof in any subcontracts or trade agreements; failure to pay for labor or materials; or failure to comply with the provisions of a union or trade agreement applicable to the Work). 5.4 QUALIFICATION SUBMITTALS 5.4.1 Specific qualification submittals may be required of Subcontractors, Installers and Suppliers for certain critical items of the Work. Required qualification submittals are set forth in detail in the Technical Specifications and shall be collected and submitted by the Contractor for review and approval by Owner, Construction Program Manager and Design Consultant at the time the Subcontractor or Supplier approval is requested. All information required of a single Subcontractor, installer or Supplier shall be contained in a single, complete submittal. 5.5 PREPARATORY WORK 5.5.1 Before each section of the Work is started, Contractor shall ensure that the responsible Subcontractor or Sub-subcontractor has carefully examined all preparatory work that has been previously executed to receive his Work. All preparatory work shall be checked carefully, by whatever means are required, to ensure that Subcontractor's Work and adjacent related work will finish to proper contours, planes, and levels. Subcontractor shall promptly notify the Contractor of any defects or imperfections in preparatory work which will, in any way, affect satisfactory completion of his Work and Contractor shall promptly notify in writing the Construction Program Manager. .1 Notification of the Construction Program Manager of such defects or imperfections in preparatory work will not relieve the Contractor or Subcontractor Attachment number 1 Page 62 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-49 of any obligations under the Contract Documents. Should Contractor, without the authorization of the Construction Program Manager, proceed with the Work without removal, replacement or correction of the alleged defective work or imperfections, Contractor shall bear all responsibility for any costs or delays relating to defects or imperfections in the Work and any rework or removal and replacement subsequently directed by the Construction Program Manager relating to same, including any warranty or guarantee work occasioned thereby. 5.5.2 Under no conditions shall a section of Work proceed prior to required preparatory work having been completed, cured, dried, and otherwise made satisfactory to receive such related work. Responsibility for timely installation of all materials rests solely with the Contractor, who shall maintain coordination and control of the Work at all times. 5.6 PAYMENTS TO SUBCONTRACTORS 5.6.1 The Contractor shall pay the amounts due each Subcontractor or Supplier upon receipt of payment from the Owner (unless required to do so sooner by the Construction Program Manager, pursuant to the Contract Documents or under applicable law or regulations). The Contractor shall also require each Subcontractor or Supplier to make similar payments due to any of his Sub-subcontractors or Suppliers. 5.6.2 A Subcontractor may request from the Construction Program Manager information regarding the amount paid to the Contractor for Work performed by the Subcontractor. The providing of such information to a Subcontractor shall not, however, establish any duty or obligation on the part of the Owner or Construction Program Manager to make any payments directly to any Subcontractor under this Contract. ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform work with his own forces, to have work performed by any owner of Underground Facilities or Utilities ("utility owner"), or to award separate contracts in connection with the Project or other work contiguous or related to the Project site, based upon any contract terms and conditions which the Owner, in his sole discretion, may require. 6.1.2 When separate contracts are awarded for different portions of the Project or other work on the Project site, the term "Contractor" in the contract documents in each case shall mean the contractor who executes each separate Owner-Contractor Agreement. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford each utility owner and separate contractor proper and safe access to the site and reasonable opportunity for the introduction and storage of his materials and equipment in the execution of his Work. Contractor shall properly connect and coordinate the Work with that of the Owner, utility owners and other separate contractors. Contractor shall store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the Work so as will not unduly or unreasonably interfere with the progress of the Work or the work of such others. Attachment number 1 Page 63 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-50 6.2.2 If the execution or result of any part of the Work depends upon any work of the Owner, utility owner, or of any separate contractor, the Contractor shall, prior to proceeding with the Work, carefully inspect and promptly give Notice in writing to the Owner, utility owner or separate contractor, and to the Construction Program Manager, of any delays, apparent discrepancies or defects in his Work that, in Contractor's opinion, renders it unsuitable for such proper execution or specified result of any part of the Work. Failure of the Contractor to so inspect and promptly report shall constitute an acceptance by Contractor of the work of Owner, any utility owner or of any separate contractor, as fit and proper to receive the Work, except as to latent defects which the Contractor could not have reasonably discovered by his inspections and observations. 6.2.3 Any costs and damages caused by the defective or ill-timed Work of Contractor or any separate contractor shall be borne by the party responsible therefor and resolved as provided for in this Article 6. Owner, Construction Program Manager and Design Consultant shall not be liable for any damages caused Contractor by any separate contractor or utility owner because thereof, unless due solely to the fault of Owner, Construction Program Manager or Design Consultant. 6.2.4 Should the Contractor cause damage to the Work or property or the on-going operations of the Owner, or any utility owner, or to other work on the Project site performed by any separate contractors, Contractor shall promptly remedy and be wholly responsible for such damage. 6.2.5 Should any claim arising as a result of the performance of the Work by Contractor or by any person or entity for whose acts Contractor is responsible, be made by any utility owner or separate contractor against Contractor, Owner, Construction Program Manager, Design Consultant or any other person, Contractor shall promptly attempt to settle with such other party by agreement, or to otherwise resolve the dispute at law with such party. Contractor shall, to the fullest extent permitted by law and regulation, indemnify and hold Owner, Construction Program Manager, and Design Consultant, and his officers, employees, agents and representatives harmless from and against all such claims, damages, losses, and expenses (including, but not limited to, fees of Design Consultant, Construction Program Manager, experts, attorneys and other professionals, and court costs) arising directly, indirectly, or consequentially out of any action, legal or equitable, brought by any separate contractor or utility owner against Owner, Construction Program Manager, or Design Consultant. 6.2.5.1 Should Owner, Construction Program Manager or Design Consultant be a defendant or third party in any legal proceeding by a separate contractor or utility owner, or anyone having a contract with any of them, or by any party claiming an injury or damage arising as a result of the Work or performance of Contractor, Contractor agrees, in implementing the terms of this Subparagraph 6.2.5, as follows: .1 Contractor shall provide and tender at his own expense the immediate defense of same, jointly or severally if requested to do so; in so doing, Contractor will provide within five (5) days upon request from Owner, Construction Program Manager or Design Consultant, the name of the legal counsel proposed by Contractor to defend such claims; .2 For good cause shown, Owner, Construction Program Manager and Design Consultant shall have the right to choose to defend any such claim or proceeding in his own name with separate legal counsel chosen solely by each of them, with the cost of such defense, including, but not limited to, all reasonable attorney's fees, litigation expenses and costs, being paid by Contractor; and Attachment number 1 Page 64 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-51 .3 Should any judgment be entered against Owner, Construction Program Manager or Design Consultant in any such proceeding, or should any settlement agreement be reached, Contractor shall satisfy and pay said judgment or settlement amount when due. 6.2.5.2 Should Contractor refuse or fail to carry out his obligations under this Subparagraph 6.2.5, such refusal or failure shall be a substantial and material breach of contract which will: (1) permit Owner to terminate Contractor for default; (2) permit Owner to withhold payments pursuant to the Contract Documents; (3) permit Owner, Construction Program Manager and Design Consultant to undertake his own defense and settlement of such claims and to make such disposition thereof as to them may be satisfactory and reasonable, with Contractor being responsible for any amounts paid thereunder; and (4) entitle Owner, Construction Program Manager and Design Consultant, jointly and severally to all damages, afforded by these Contract Documents or applicable law, for misrepresentation or fraud and to all damages, expenses, attorney's fees, interest and other costs which they incur as a result of such failure or refusal. 6.2.6 In the event separate contractors are engaged on the Project, each separate contractor (including Contractor herein) shall be responsible to the other separate contractor(s) for damages to work, injury to any person or persons, or for any loss, cost, claims, or damages arising out of or in connection with the work required by the contract of each with Owner and any loss, cost, expense, or damage caused by said separate contractor's neglect or failure to finish or satisfactorily complete his part of the Project within the time prescribed. 6.2.7 In order to carry out the intent of this Article 6, Owner and Contractor agree that privity of contract exists between Contractor and each separate contractor, for the purpose of disposing of mutual liabilities or obligations between Contractor and any separate contractor as set forth herein. Contractor agrees to accept service of process and to sue and be sued directly by any separate contractor, in Contractor's own name, in any litigation which may arise hereunder between Contractor and any separate contractor. It is understood and agreed that Contractor will not bring Owner, Construction Program Manager or Design Consultant into such litigation and covenants not to sue any of them with regard to any litigation or claims brought against Contractor by any separate contractor. 6.2.8 Contractor shall not be entitled to an extension of time under this Contract for delays in the Work caused solely by a separate contractor under contract with the Owner, Contractor's sole remedy being a direct action against said separate contractor, pursuant to this Article 6, relating to such delay. Provided, however, that Owner shall grant Contractor an extension of time for delays caused by a separate contractor (but no money damages therefor) if: (1) in the opinion of Construction Program Manager, Contractor has fulfilled all of his obligations under this Article 6 and the Contract Documents (including, but not limited to giving timely Notice to the Construction Program Manager and the separate contractor of such delay or expected delay so as to allow the separate contractor a sufficient opportunity to correct the condition giving rise to such delay; and cooperation and proper coordination with the separate contractor regarding such condition); (2) the delay would otherwise entitle Contractor to a time extension under the provisions of Article 8 hereof and the Contract Documents; (3) Contractor has taken, in the opinion of Construction Program Manager, appropriate steps under Paragraph 4.12 and Subparagraph 8.3.2.1 hereof to overcome the effect of the delay upon completion of the Work or any portion thereof by the Contract Time or Specific Dates; and (4) the time extension will not be detrimental to the interests of the Owner. 6.3 OWNER'S RIGHT TO PERFORM DISPUTED WORK Attachment number 1 Page 65 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-52 6.3.1 If a dispute arises between the Contractor and any separate contractors as to the responsibility of each for cleaning up as required by the Contract Documents, for accomplishing coordination, for doing required cutting, filling, excavating or patching as required by the Contract Documents, or relating to any other Work, the Construction Program Manager, in his sole discretion, shall make a determination of the responsibility therefor, which decision shall be binding upon Contractor and all separate contractors; and said item shall be performed as directed by the Construction Program Manager at no additional cost to Owner. If Contractor or any separate contractor refuses to perform in accordance with the determination of the Construction Program Manager, the Owner may carry out such Work and charge the cost thereof to the non-performing party (parties) responsible therefor, as the Owner or the Construction Program Manager shall determine to be just. 6.4 COORDINATION OF THE WORK 6.4.1 By entering into this contract, Contractor acknowledges that there may be other separate contractors on the site whose work must be coordinated with that of Contractor. Contractor will take all necessary steps to ensure that the Work is properly scheduled and coordinated with the work of the separate contractors. Contractor expressly warrants and guarantees that he will cooperate with separate contractors and coordinate, as appropriate and reasonable, the requirements for his Work with the requirements governing the work of the separate contractors and safety programs, and will do nothing to delay, hinder or interfere with the work of other separate contractors, utility owners, the Owner, the Construction Program Manager or Design Consultant. Contractor also expressly agrees that, in the event his Work is hindered, delayed, interfered with or otherwise affected by a separate contractor or utility owner, Contractor's sole remedy will be a direct action against the separate contractor as described in this Article 6. Contractor expressly waives any remedy, right or cause of action against the Owner and Construction Program Manager or Design Consultant on account of delay, hindrance, interference or other event caused by a separate contractor or utility owner. 6.4.2 The Owner relies upon the organization, management, skill, cooperation and efficiency of the Contractor to supervise, direct, control and manage the Work so as not to delay Owner or any separate contractors and to deliver the Work conforming to the Contract Documents, including, but not limited to, completion of specified portions of the Work by the Specific Dates therefor, and completion of the Work within the Contract Time. 6.4.3 All separate contractors rely upon the organization, management, skill, cooperation and efficiency of Contractor to supervise, direct, control and manage the Work, and to coordinate in a timely manner with the separate contractors so as to deliver the Project within the scheduled time and without delay or disruption to the separate contractors. 6.4.4 Should Contractor, by his own acts or omissions or the acts or omissions of any person or persons in his employ or with whom he is under contract, delay, disrupt, hinder, or interfere with the work of the Owner, any separate contractor, or utility owner, by not cooperating with them, not properly coordinating with them in a timely manner, or by not affording same sufficient opportunity or facility to perform his Work in a timely manner, Contractor shall be responsible for all costs and expenses incurred by such parties due to any such causes. 6.4.5 Before starting any portion of the Work for which preparatory or preceding work was done by a separate contractor, Contractor shall carefully examine all such preparatory or preceding work that has been executed to receive his Work. Contractor shall check carefully, by whatever means are required, to ensure that his Work and Attachment number 1 Page 66 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-53 adjacent related work will finish to proper contours, planes, and levels. Contractor shall promptly give Notice in writing to the separate contractor or utility owner, and Construction Program Manager, of any defects or imperfections in preparatory or preceding work which will, in any way, affect satisfactory completion of Contractor's Work. 6.4.5.1 Absence of such required Notice from Contractor will be construed, except in the case of latent defects and those defects of which Contractor was not aware and could not have discovered upon a reasonable inspection, as an acceptance by Contractor of preparatory work performed by the separate contractor or utility owner, and a waiver by Contractor of any claim or defense that the preparatory or preceding work of a separate contractor was defective or imperfect, thereby resulting in defects or imperfections in Contractor's Work. 6.4.5.2 Notification of the Construction Program Manager of such defects or imperfections in preparatory work performed under a separate contract will not relieve the Contractor of any obligations under the Contract Documents. 6.4.5.3 After providing the required Notice, Contractor shall provide the separate contractor, utility owner, Construction Program Manager and the Design Consultant a reasonable opportunity to inspect such preceding work. Contractor shall not proceed with Contractor's follow-on work, for the section of the Work alleged to be defective or imperfect, until receiving direction or instructions from the Construction Program Manager, who, after consultation with the Design Consultant, shall provide such direction promptly. In no instance is Contractor authorized to remove and replace or correct the defective work or imperfections unless directed by Owner or Construction Program Manager. Should Contractor proceed with his Work in the affected section without direction or instructions from the Construction Program Manager relating to the preparatory work, Contractor shall bear all responsibility for any defects or imperfections in the Work and any rework or removal and replacement subsequently directed by the Construction Program Manager relating to same, including any subsequent warranty or guarantee work occasioned thereby. 6.4.5.4 Under no condition shall Contractor proceed with a section of the Work prior to the preparatory work of any separate contractor or utility owner having been, where applicable, completed, cured, dried, and otherwise made satisfactory to receive the related Work of Contractor. Responsibility for timely installation of all materials rests solely with Contractor, who shall maintain coordination and control of the Work at all times. 6.4.5.5 Contractor shall bear full and sole responsibility for any defects or imperfections arising in the Work due to his failure to comply with the requirements of this Subparagraph 6.4.5, including the cost of repair or replacement or correction of preparatory work on which Contractor made an untimely application of his Work. 6.4.6 Whenever Contractor receives items from another separate contractor or from Owner for storage, erection or installation, Contractor shall give a receipt for items delivered, and thereafter will be held solely responsible for care, storage and any necessary replacement of the item or items received. 6.4.7 When certain items of equipment and work are indicated as "NIC" (not in contract), or are to be furnished and installed under separate contracts, Contractor and any separate contractor shall mutually coordinate his Work to determine any requirements for preparatory work (including, but not limited to dimensions, sizing, stub ups, connections, couplings, for preparation of openings, and provision of blocking and backing) for receipt of such "NIC" work so as to provide a complete installation in Attachment number 1 Page 67 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-54 accordance with the Contract Documents. Contractor shall properly form and otherwise prepare his Work in a satisfactory manner to receive any "NIC" work. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 Unless otherwise provided in the Contract Documents, the Contract shall be governed and construed in accordance with the law of the place where the Project is located. 7.1.2 Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly or fully inserted, then upon the request of either party, the Contract shall forthwith be physically amended to make such insertion. 7.1.3 If any of the provisions of this Contract shall be held invalid or unenforceable under the law governing this Contract, then this Contract shall remain in effect without the provisions held to be invalid or unenforceable (unless the parties otherwise agree), and the rights and obligations of the parties shall be governed accordingly. 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.2.2 The Contractor shall not assign the Contract or sublet it as a whole without the written consent of the Owner, or shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of the Owner and the Contractor's Surety. 7.3 PERSONAL INJURY AND PERSONAL AND REAL PROPERTY DAMAGE CLAIMS 7.3.1 Should the Contractor suffer injury or damage to person or personal property because of any act or omission of the Owner, Construction Program Manager or Design Consultant, or of any of his employees, agents or others for whose acts one of them may be legally liable, claim shall be made in writing to the Construction Program Manager within five (5) days after the first observance of such injury or damage; otherwise, the Contractor shall have waived any and all rights he may have against the Owner, the Construction Program Manager, the Design Consultant, or his employees, representatives and agents for any such injury or damage. 7.3.1.1 This Subparagraph 7.3.1 is limited solely to personal injury and personal property damage claims; this paragraph is not applicable to claims of any other nature whatsoever, and such other claims shall be governed by other provisions of the Contract Documents. 7.3.1.2 Nothing herein shall be construed as modifying or limiting in any way Contractor's obligations under Paragraph 4.20 hereof. Attachment number 1 Page 68 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-55 7.4 PERFORMANCE BOND, LABOR AND MATERIAL PAYMENT BOND AND MAINTENANCE BOND 7.4.1 Contractor shall furnish to Owner in duplicate a Performance Bond and a Labor and Materials Payment Bond, each in the amount at least equal to one-hundred percent (100%) of the Contract Sum, and a Maintenance Bond covering faithful performance of Warranty Work in the amount of ten percent (10%) of the Contract Sum. The bonds shall be written in the form required by the Contract Documents and approved by Owner, or, if applicable, written in the form specifically required by statute for particular Work in the state in which the Project is located. The bonds shall be written by a surety company licensed to do business in the state in which the Work is to be performed and who is acceptable to the Owner. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. These Bonds shall remain in effect at least until one year after the date when final payment becomes due and until all warranties expire under the Maintenance Bond, except as otherwise specifically provided by law or regulation or by the Contract Documents. Contractor shall properly and duly record any bond, if recording thereof is required by applicable laws or regulations. 7.4.2 If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or his 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 Subparagraph 7.4.1, Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. 7.4.3 Contractor, prior to commencing the Work on site, shall deliver to Owner all Bonds and Certificates of Insurance required by, and in full compliance with, the Contract Documents. Owner, Construction Program Manager and Design Consultant shall not be liable to Contractor for any costs or additional time for performance because of any delay to the commencement of the Work on site caused by failure of Contractor to deliver the required Bonds and Certificates of Insurance. 7.4.4 Should Contractor refuse or fail to comply with all of the requirements of this Paragraph 7.4, such refusal or failure shall be a material and substantial breach of this Contract, and Owner shall have the right to terminate the performance of Contractor for default, pursuant to the provisions of Paragraph 14.3. 7.5 RIGHTS AND REMEDIES 7.5.1 The duties and obligations of the Contractor imposed by the Contract Documents and the rights and remedies of the Owner available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law or equity; 7.5.2 The failure of the Owner, the Construction Program Manager, or the Design Consultant to insist in any one or more instances upon the strict performance of any one or more of the provisions of this Contract, or to exercise any right contained herein or provided by law, shall not be construed as a waiver or relinquishment of the performance of such provision or right(s) or of the right to subsequently demand strict performance or exercise such right(s), and the rights shall continue unchanged and remain in full force and effect. 7.5.3 The Contractor agrees that he can be adequately compensated by money damages or time extensions pursuant to the terms of this Contract, for any breach of this Contract or any act or omission or breach of any duty which may be committed by Attachment number 1 Page 69 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-56 Owner, or his employees or agents (including Construction Program Manager and Design Consultant). Contractor therefore hereby agrees that no act, or omission of the Owner, the Construction Program Manager or the Design Consultant, except for failure to make progress payments as required by the Contract Documents, shall constitute a material breach of the Contract or any other condition which would entitle Contractor to cancel or rescind the provisions of this Contract or (unless the Owner shall so consent or direct in writing) to suspend or abandon performance of all or any part of the Work. The Contractor hereby waives any and all rights and remedies to which he might otherwise be or become entitled, save only his right to money damages or any extension of time to which he may be entitled in accordance with the Contract Documents. 7.6 ATTORNEYS' FEES AND OTHER EXPENSES 7.6.1 The Contractor hereby agrees that he will not submit, assert, litigate or otherwise pursue any frivolous or unsubstantiated claims, or file or submit claims he has specifically waived under the terms of the Contract Documents or for which he has made a covenant not to sue hereunder. In the event that Contractor's claim, or any separate item of a claim, is without substantial justification, or is filed in breach of any provision or covenant of this Contract, Contractor shall reimburse the Owner, Construction Program Manager or Design Consultant for all costs and expenses associated with defending such claim or separate item, including but not limited to, attorneys' fees, audit costs, accountants' fees, expert witness' fees, additional Construction Program Manager or Design Consultant expenses or services, and any other costs and expenses relating thereto. 7.6.2 If the Contractor breaches any obligation under the Contract Documents or fails to perform any requirement of the Contract Documents, Contractor shall reimburse the Owner, Construction Program Manager and Design Consultant for all costs and expenses incurred by them relating to such breach, including but not limited to attorneys' fees, audit costs, accountants' fees, expert witness' fees, additional Construction Program Manager and Design Consultant expenses, and any other costs and expenses relating thereto. 7.6.3 If the Owner, Construction Program Manager or Design Consultant prevails in a claim brought against the Contractor, including but not limited to, claims for fraud or misrepresentation, overpayment, defective work, delay damages, or recovery of termination expenses, the Contractor shall reimburse Owner, the Construction Program Manager and Design Consultant for all costs and expenses incurred by them relating to such claim, including but not limited to attorneys' fees, audit costs, accountants' fees, expert witness' fees, additional Construction Program Manager and Design Consultant expenses, and any other costs and expenses relating thereto. 7.7 NOTICE 7.7.1 Notice is defined in Subparagraph 1.1.28. 7.7.2 Contractor acknowledges and agrees that the purpose of the Notice requirements under this Contract is: (1) to enable Owner, the Construction Program Manager and where applicable, the Design Consultant, to fully assess and evaluate, in a timely manner, the matter or item which is the subject of the Notice; (2) to enable Owner, the Construction Program Manager and where applicable, the Design Consultant, to take whatever appropriate action is required in response to such Notice; (3) to permit timely inspections and documentation of matters which may be the subject of such Notice; (4) to permit early resolution of problems or difficulties to which the Notice may relate; (5) to protect the Owner from damage which may otherwise occur to Owner's work, his interests, property, employees, on-going business or facilities or the facilities or business of the Construction Program Manager, Design Consultant or separate contractors, which Attachment number 1 Page 70 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-57 may be affected by the matter for which Notice is required; and (6) to enable the Owner to mitigate his damages or those which may occur to others, including Contractor, unless such Notice is received timely and in writing. Contractor also acknowledges and agrees that written Notice is preferred to oral Notice or any other method of Notice and is mandatory upon Contractor when Notice is required by the Contract Documents. Therefore, in carrying out the purposes herein set forth, Contractor agrees as follows: 7.7.2.1 When this Contract requires written Notice, no other form of Notice will be acceptable, nor is any other method authorized or effective; 7.7.2.2 The fact that Owner may be present or have representatives at the Project site, or that the Construction Program Manager or Design Consultant may be represented or present at the Project site, or the fact that the Owner, Construction Program Manager or Design Consultant may be perceived as having actual or constructive Notice does not constitute sufficient knowledge of or Notice of matters for which written Notice is required by the Contract Documents. Contractor hereby waives any claim or defense he may have that presence of the Owner, Construction Program Manager or Design Consultant at the Project site constitutes sufficient Notice under this Contract of any matter for which written Notice is required; 7.7.2.3 Except by Change Order, no requirement for written Notice under the Contract Documents, can be waived orally or in any other manner by Owner, Construction Program Manager or Design Consultant or any of his officers, directors, employees, agents or representatives. Contractor hereby waives any claim or defense he may have relating to any oral waiver of the written Notice requirements of this Contract; 7.7.2.4 Written Notice of alleged delays or other conditions affecting Contractor's Work must be given within seven (7) days of the occurrence of the incident or event giving rise to the alleged delay or condition or as soon thereafter as required by the Contract Documents. Contractor shall not be entitled to receive any monetary compensation or time extension as may be authorized or permitted under this Contract, for any additional costs incurred or any delay occurring more than seven (7) days prior to the receipt by Owner and Construction Program Manager of written Notice of the condition or item giving rise thereto. 7.7.2.5 Contractor agrees that the fact Owner, Construction Program Manager or Design Consultant may subsequently receive, review or negotiate a request by Contractor for a time extension or a claim for monetary compensation, does not constitute sufficient Notice under this Contract of the incidents or events giving rise to delays or other conditions affecting the Work for which the time extension or compensation is requested; and strict compliance with the written Notice requirements of this Contract is required concerning all such events or conditions. 7.8 DISPUTE RESOLUTION 7.8.1 Design Consultant will be the initial interpreter of the technical requirements of the Contract Documents and judge of the acceptability of the Work thereunder. In all other instances, the Construction Program Manager shall be the initial interpreter and judge of the requirements of the Contract Documents. 7.8.1.1 Subject to the specific provisions of Article 12 hereof relating to disputes regarding Changes in the Work, claims and disputes of any nature whatsoever, which are not resolved by agreement of the Owner and Contractor, will be referred, in writing, initially by Contractor or Owner to the Construction Program Manager (with a copy to the party against whom the claim is made), with a request for a formal decision in accordance with this Subparagraph 7.8.1. If the matter in dispute should, in the opinion of the Construction Program Manager, be referred to the Design Consultant for a decision in Attachment number 1 Page 71 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-58 accordance herewith, Construction Program Manager will so refer the claim or dispute to the Design Consultant together with all supporting data supplied by the Contractor. Otherwise, Construction Program Manager will render his decision thereon. 7.8.1.2 Any decision rendered by the Construction Program Manager or Design Consultant herein shall be in writing, and shall be rendered within a reasonable time after receipt of the request therefor and the submission of all data required under this Paragraph 7.8. 7.8.2 Written Notice of each such claim, dispute, and other matter shall be delivered by Contractor as provided in Subparagraph 7.7.2.4. Written supporting data will be submitted to the Construction Program Manager, within sixty (60) days after such occurrence unless Construction Program Manager, in his sole discretion, allows an additional period of time to ascertain or compile data in support of the claim. 7.8.2.1 The time periods set forth in this Paragraph 7.8 relate solely to the administration of pending claims and are neither intended to, nor shall they, modify or affect any requirements under the Contract Documents relating to written Notice and the time required therefor or any other time requirements of this Contract. 7.8.2.2 The discretion of the Construction Program Manager to allow an additional period of time under Subparagraph 7.8.2 for the submission of written supporting data relates solely to the administration of pending claims and is not intended to, nor shall it be interpreted as granting the Construction Program Manager authority to waive any written Notice requirements under the Contract Documents. 7.8.3 When functioning as interpreter and judge under this Contract, the Construction Program Manager or Design Consultant, as applicable, will endeavor to act impartially. Contractor and Owner agree that Construction Program Manager and Design Consultant will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Construction Program Manager or Design Consultant, with respect to any such claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment) is a condition precedent to the filing by Contractor of any action at law or in equity relating to same. Such decision shall be final and binding upon Contractor, and Contractor waives such claim and covenants not to sue Owner, Construction Program Manager or Design Consultant relating thereto, unless Contractor notifies the Owner in writing of Contractor's exception to such decision within thirty (30) days of Contractor's receipt of the decision of the Construction Program Manager or Design Consultant thereon. 7.8.4 Contractor shall continue to prosecute the Work and adhere to the approved Construction Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 14.1 or as Contractor and Owner may otherwise agree in writing. 7.8.5 Contractor agrees that compliance by Contractor with this Paragraph 7.8 shall be a condition precedent to the filing of any legal action or suit by Contractor relating to any claim or dispute under this Contract. 7.9 ORGANIZED LABOR AGREEMENTS 7.9.1 Contractor shall determine whether the Work or any part thereof may be subject to, and governed by, certain union and/or trade agreements. It shall be the responsibility of the Contractor to obtain a copy of the same from the applicable unions having jurisdiction, to familiarize himself with the terms and conditions thereof and to comply with all portions thereof that are applicable to the Work. In the event of an allegation that the Attachment number 1 Page 72 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-59 Contractor or any Subcontractor or Sub-subcontractor is not complying with the terms and conditions of such applicable portions, the Contractor shall, upon request of the Construction Program Manager, promptly grant to the Construction Program Manager access to his relevant books and records (or cause such Subcontractor or Sub-subcontractor to grant to the Construction Program Manager access to his relevant books and records). Contractor understands that any labor rates established by union and/or trade agreements governing the Work are minimum rates and may be changed during the period of the Contractor's performance hereunder without Notice to the Contractor. The Owner makes no representation to the Contractor that adequate labor will be available to the Contractor for the proper and timely performance of the Work at the minimum rates established by said union and/or trade agreements, and the Contractor shall have no claim against the Owner on account of additional costs or time he may incur as a result of the unavailability of labor at said minimum rates or as a result of changes in minimum rates under the union and/or trade agreements which may occur during the period of the Contractor's performance hereunder. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 The Contract Time is defined in Subparagraph 1.1.14 hereof. Contractor shall complete his Work within the Specific Dates and the Contract Time. 8.1.2 The date of commencement of the Work is the date established in the Notice to Proceed, which is defined in Subparagraph 1.1.30. If there is no Notice to Proceed, the date of commencement shall be the date of the Owner-Contractor Agreement or such other date as may be established therein. 8.1.3 Substantial Completion of the Work is defined in Subparagraph 1.1.47 hereof. Only incidental corrective work and any final cleaning beyond that needed for the Owner's full use may remain for Final Completion. 8.1.4 Final Completion of the Work is defined in Subparagraph 1.1.22 hereof. 8.1.5 Specific Dates are defined in Subparagraph 1.1.44 hereof. Contractor agrees to complete each and every portion or component of the Work by the Specific Dates indicated in the Special Conditions, including authorized extensions thereto pursuant to the terms of the Contract Documents. Failure of Contractor to comply with any Specific Date under this Contract shall constitute a material breach of this Contract by Contractor, and the Owner shall be entitled to all of the remedies under this Contract and available at law. 8.2 PROGRESS AND COMPLETION 8.2.1 All times, time limits, Specific Dates and the Contract Time stated in the Contract Documents are of the essence of the Contract. 8.2.2 The Contractor shall begin the Work on the date of commencement of the Work as defined in Subparagraph 8.1.2. He shall prosecute the Work expeditiously, with due diligence, and employ all the resources necessary to achieve completion of the Work or designated portions thereof within the Contract Time and the Specific Dates. 8.2.3 Contractor shall strictly comply with all of the requirements of Article 13 hereof. Attachment number 1 Page 73 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-60 8.2.4 Contractor acknowledges and agrees that his coordination and cooperation with the Owner, Construction Program Manager, Design Consultant and, if any, separate contractors, is mandatory to ensure timely completion of the Work or any part thereof. Contractor is not entitled, either expressly or impliedly under this Contract, to any relief or compensation because of any plan or schedule of Contractor or any Subcontractor to complete the Work or any portion thereof prior to the Contract Time or a Specific Date thereof, unless otherwise agreed to in writing by Owner. The duties, obligations and warranties of the Owner, Construction Program Manager and Design Consultant shall be consistent with and applicable only to the completion of the Work by the required Specific Dates. 8.2.5 The scheduling information submitted by Contractor, the acceptance or approval thereof by Owner or Construction Program Manager, and the Construction Schedules that may be established or implemented by Contractor, shall not relieve Contractor of any of his obligations under the Contract Documents, including, but not limited to Contractor's obligation to perform and complete the Work by the dates specified in the Contract Documents. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 The Contract Time and any Specific Dates set forth in this Contract may only be changed by a Change Order. No claim by Contractor for an extension of the Contract Time or Specific Dates, other than those timely made as a part of any Change Order request under Article 12, shall be valid or considered by Owner unless made in accordance with and authorized by this Paragraph 8.3. This Paragraph 8.3 shall not allow, nor shall it be construed as allowing, a claim for a time extension which is otherwise disallowed by any other provision of the Contract Documents. 8.3.2 Contractor acknowledges and agrees that the only contractually mandated dates in Contractor's Construction Schedule are the Specific Dates; that except for said dates, the Construction Schedule is a plan or estimate for Contractor's Work which may be revised from time to time; that the general flow of the Work and the duration and sequence of the various activities are flexible and that same may be subject to revision as conditions warrant or require; and that all such revisions shall be in accordance with the requirements of Article 13 hereof and consistent with Contractor's obligations and responsibilities to Owner and separate contractors under this Contract. 8.3.2.1 Contractor agrees that should conditions or Changes in the Work occur which delay any portion of the Work, that Contractor will, to the extent feasible and reasonable, take prompt and timely action, in compliance with the requirements of Article 13 hereof, to adjust or modify the sequence of the Work and the duration of activities therefor; the goal of such action shall be to absorb or adjust for the effect of any such condition or Change so that no adjustment will be required to Specific Dates or the Contract Time or so that the effect of such condition or Change upon the Construction Schedule shall be minimized. The Owner shall pay the costs, as approved by the Construction Program Manager, of schedulers or consultants and computer time necessary to analyze and make adjustments in the Construction Schedule for Owner-requested changes in the Work, unless such schedule adjustments are, in the opinion of the Construction Program Manager, required because of the fault or negligence of Contractor. In endeavoring to make such adjustments, Contractor shall not (if fully in compliance with the notice requirements of this Contract, and the condition or Change is of a nature which may justify a time extension under this Contract) waive any right to request a time extension under this Paragraph 8.3 (unless otherwise waived by Change Order). However, should it be determined by Construction Program Manager that such adjustments were made by Contractor or could have reasonably been made by Contractor without an increase in the Attachment number 1 Page 74 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-61 direct or indirect cost of labor for the affected Work or without overtime being required to compensate therefor, Contractor shall not be entitled to monetary compensation for the effect of such condition or Change upon the progress of the Work or for a time extension therefor. 8.3.2.2 Owner shall reimburse Contractor for the costs incurred by Contractor in complying with the requirements of Subparagraph 8.3.2.1 hereof, only if Owner is solely responsible for the condition or delay for which such actions were required. 8.3.3 Contractor shall not be entitled to, and hereby waives any right or claim to an extension of time for delays resulting from any conditions or causes unless Contractor shall have fully complied with the requirements of the Contract Documents relating to notice of such conditions or causes, including, without limitation, Subparagraph 7.7.2.4 hereof. Contractor acknowledges and agrees that for the purposes of determining entitlement to a time extension, an activity will not be considered by the Construction Program Manager to have been affected by a claimed delay unless all predecessor activities which are shown on the current Construction Schedule were completed as of the date of said delay and were not, therefore, restraining the completion of said activity on said date. Circumstances and activities leading to such claim shall be indicated or referenced in Contractor's daily report for the day(s) affected; otherwise, all such claims are waived by the Contractor. In every such written request for a time extension, Contractor shall provide the following information: .1 The nature of the delay; .2 The actual date (or estimated or anticipated date) of commencement of delay; Contractor shall include a chronology of the events relating to the delay and a listing of all applicable notifications made by Contractor; .3 A general description of the activities of the Construction Schedule affected by the delay, and/or new activities created by the delay and their relationship with existing activities including, but not limited to the identification of specific critical path activities affected and the dates each activity was affected; .4 Identification of person(s) or organization(s) or event(s) responsible for the delay; .5 Anticipated or estimated extent of the delay; .6 Recommended action to avoid or minimize the effect of the delay; and .7 In the case of Changes ordered in the Work, Contractor must furnish a sub-network showing the specific Work required by the Change and the manner in which the changed Work will be incorporated into the Construction Schedule. 8.3.4 In the event Contractor requests an extension of time, he shall comply with the requirements of Article 13 hereof and, in addition, shall furnish such justification and supporting evidence as the Construction Program Manager may deem necessary for a determination of whether or not the Contractor is entitled to an extension under the provisions of this Contract. The burden of proof to substantiate a claim for an extension of time shall rest with the Contractor, including, but not limited to evidence that the cause was wholly beyond the control and without the fault or negligence of Contractor or any Subcontractor, Sub-subcontractor or Supplier. 8.3.4.1 Any determination under this Paragraph 8.3 shall be based upon (1) the criteria and requirements set forth in the Contract Documents, including, but not limited to Article 13 hereof; (2) Contractor's Construction Schedule for the Work (updated to reflect actual Attachment number 1 Page 75 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-62 Project status at the time the delay occurred); and (3) all data relevant thereto; provided, however, that should the Contractor's latest update of the Construction Schedule, in the opinion of the Construction Program Manager, not be feasible, realistic or accurate, said schedule shall not be a consideration in the making of any determination of a time extension request under this Paragraph 8.3. 8.3.4.2 Contractor acknowledges and agrees that actual delays (whether due to Changes or other causes) which according to Contractor's Construction Schedule (updated to reflect actual status of the Work when the delays occurred) do not affect the Contract Time or Specific Dates, will not be the basis for an adjustment in the Contract Time or Specific Dates. The Contractor acknowledges and agrees that time extensions will be granted only to the extent that delays, for which an extension of time is given under this Contract, exceed the loss of available positive float in the Construction Schedule, updated as of the time the delays occurred and then only to the extent that the delays, in the opinion of the Construction Program Manager, actually adversely affected the Work of Contractor and were beyond the control and without the fault of Contractor. 8.3.4.3 Contractor acknowledges and agrees that a delay which may affect a Specific Date, and for which a time extension may be authorized under this Contract for said Specific Date, may not necessarily require a time extension of the Contract Time after Contractor reschedules activities as required by Subparagraph 8.3.2.1. Such a determination will be made by the Construction Program Manager on a case by case basis. 8.3.4.4 Concurrent delays are defined as two or more delays or areas of work slippage which are independent of one another and which, if considered individually, would each adversely affect completion of the Work by a Specific Date. Contractor acknowledges and agrees that the following criteria may be utilized by the Construction Program Manager in evaluating the Contractor's entitlement to an extension of any Specific Date when concurrent delays exist: .1 If the current Construction Schedule, in the sole opinion of the Construction Program Manager, indicates two or more concurrent delays, with one analyzed by the Construction Program Manager to be the responsibility of the Owner and the other analyzed to be the responsibility of Contractor, Contractor shall only be entitled to a time extension (assuming he is otherwise entitled thereto under the provisions of the Contract Documents) only if the Owner-caused delay adversely affects the main Project critical path and if the delay is shown by the Construction Schedule, as approved by the Construction Program Manager, to extend the Specific Date for Final Completion of the Work by a greater amount than the other concurrent delay which is the responsibility of Contractor. In such an event, the amount of the time extension will only be that amount of time by which the Owner-caused delay exceeds the Contractor-caused delay as determined by the Construction Program Manager; or .2 If the Construction Schedule indicates, in the opinion of the Construction Program Manager, concurrent delays with some possibly the fault of the Owner and some the fault of the Contractor, and if the Contractor-caused delays are analyzed by the Construction Program Manager to be the main determining cause of any required extension to the Specific Date for the Final Completion of the Work, then Contractor shall not be entitled to any time extension for any of the concurrent delays. 8.3.5 Contractor may be entitled to an extension of the Contract Time or Specific Dates, but no increase in the Contract Sum, for delays arising from unforeseeable or unavoidable causes or conditions which are beyond the control of and without the fault or Attachment number 1 Page 76 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-63 negligence of Contractor, his Subcontractors, Sub-Subcontractors or Suppliers, or any of their employees, agents, representatives or any other persons or entities providing services or materials to Contractor, as follows: 8.3.5.1 Labor disputes and strikes (including strikes affecting transportation), based upon the following conditions: (1) the strike directly and critically affects and delays the progress of the Work and the achievement of a Specific Date or completion within the Contract Time, or both; (2) the strike was not caused by the breach of any union or trade agreement by Contractor or any Subcontractor, Sub-subcontractor or Supplier; (3) notice of the potential for said strike was not given in the Information for Bidders, and the strike was, in the opinion of the Construction Program Manager, unforeseeable and was not contemplated by Contractor at the time of bid; and (4) the delay could not have been avoided by Contractor through proper planning and coordination and the timely purchase of materials, equipment or supplies. Under no circumstances shall an extension of the Contract Time or a Specific Date exceed the actual number of days of said strike; 8.3.5.2 Acts of God, tornado, fire, hurricane, cyclone, blizzard, earthquake, typhoon or flood that damage completed Work or stored materials or equipment; provided, however, that Contractor was in full compliance with the requirements of this Contract regarding the protection of such Work or stored items; 8.3.5.3 Abnormal inclement weather, based upon the following requirements: .1 Contractor agrees that the Contract Time and any Specific Dates under this Contract will not be extended due to normal inclement weather. For a time extension to be granted for abnormal inclement weather: (1) such weather must, in the opinion of the Construction Program Manager, actually have an adverse effect upon the progress of Contractor's Work which is of a critical nature; and (2) in the opinion of the Construction Program Manager, the adverse effect must not be due to any fault or negligence of Contractor and could not have been avoided by Contractor through proper planning, coordination and implementation of adequate weather protection necessary to allow the Work to be continued without adverse effect upon labor production. Contractor agrees that the fact abnormal inclement weather may occur does not, of itself, justify any time extension hereunder; .2 Contractor agrees that he shall not be entitled to a time extension for normal inclement weather which can be expected at the Project locale due to precipitation or temperature, based upon actual data from the U. S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) for the locale of the Project. Contractor acknowledges and warrants that in making his proposal or bid and Construction Schedule for the Work, he gave due care and consideration to this expected number of calendar days of inclement weather for the locale of the Project and allowed therefor. During the time of performance, should the expected number of calendar days of inclement weather for the locale of the Project be less than originally anticipated by Contractor and Owner at the time of contracting, those days not so affected by inclement weather shall be utilized month for month for schedule adjustments pursuant to Subparagraph 8.3.2.1 hereof; .3 Contractor agrees that the measure of abnormal inclement weather due to precipitation or temperature during the period covered by this Contract shall be the number of days in excess of those shown in the weather data referenced in Subparagraph 8.3.5.3.2 hereof, in which precipitation exceeded .01 inch (or in the case of snow or ice pellets, 1 inch or more), or in which the highest temperature was 32 degrees F. or below; Attachment number 1 Page 77 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-64 .4 No extension of time will be made for abnormal inclement weather after the principal portions of the Work are enclosed except for site work which critically affects the Contract Time or Specific Dates. For the purpose of this Paragraph 8.3, the term "enclosed" is defined to mean when the Work is sufficiently closed in (exterior walls up and roof in place) so as to permit any structure, or major portion thereof which is part of the Work, to be adequately heated so as to allow the various trades to perform their work. The Construction Program Manager shall determine when the structure is "enclosed" and shall issue, upon the request of Contractor, a letter certifying the date the Work became enclosed for the purposes hereof; and .5 If the total calendar days lost due to inclement weather, from the start of the Work at the Project site by Contractor until the principal portions of the Work are enclosed, exceeds the total number of days to be expected for the same period, a time extension, if granted, shall only be the number of calendar days needed to equal the excess number of calendar days lost due to such abnormal inclement weather. 8.3.5.4 Acts of the public enemy, acts of a State, Federal or local government in its sovereign capacity, which are not the result of any acts or omissions of Contractor or any of his Subcontractors, Sub-subcontractors or Suppliers. 8.3.6 Contractor shall, subject to the other provisions of this Paragraph 8.3 and the Contract Documents, be entitled to a time extension (but no adjustment in the Contract Price and no money damages for direct or indirect costs) for delays, disruptions, hindrances, suspension of work, interference with Contractor's Work, changes in sequence, congestion of work areas, access difficulties or other conditions adversely affecting the Work which are caused by any act or omission of Owner, Construction Program Manager or Design Consultant or any of their agents, employees, consultants, or any act or omission of any testing agency employed by Owner or any representative of any public authority having jurisdiction of the Project. 8.3.6.1 Contractor shall not be entitled to an extension of time for failure of Construction Program Manager or the Design Consultant to review or respond in a timely manner to Contractor Submittals or Contractor requests for information, clarifications, interpretations, or proposed Change Orders, unless and until: (1) the time of response to such submittals or requests exceeds the time allowed by the Contract Documents or the time allowed by the procedures established under Subparagraph 3.3.6 of the General Conditions by the Construction Program Manager for such items; or, if no time is so stated, until twenty (20) days after demand is made for same by Contractor; and (2) the request is reasonable and timely made by Contractor; and (3) in the opinion of the Construction Program Manager, the failure to so respond timely, directly and critically affects the progress of the Work. 8.3.7 Any time extension granted under this Paragraph 8.3 shall be included in Contractor's latest update of the Construction Schedule and the schedule adjusted appropriately thereby, in accordance with the requirements of Article 13 hereof. 8.3.8 No extension of time granted under this Paragraph 8.3 shall relieve the Contractor from full responsibility for compliance with all of the requirements of the Contract Documents, nor shall it be deemed a waiver by the Owner of his right to terminate this Contract for default of Contractor under Paragraph 14.3 hereof. 8.3.9 No claim by Contractor for a time extension under this Contract shall be valid or allowable if asserted after final payment. Attachment number 1 Page 78 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-65 8.4 LIQUIDATED DAMAGES FOR DELAY 8.4.1 The damages incurred by the Owner due to the Contractor's failure to complete the Work or portions thereof by the Contract Time or the Specific Dates including any extensions thereof under this Contract shall be in the amount set forth in the Contract Documents for each consecutive calendar day beyond each Specific Date (Sunday and all holidays included) for which the Contractor shall fail to complete the Work or designated portion thereof. 8.4.2 The amount of liquidated damages provided in this Contract is neither a penalty nor a forfeiture and shall compensate the Owner solely for the Owner's inability to use or otherwise have available the Work, or any portion thereof, for its intended purpose by the Specific Dates set forth in the Contract Documents. 8.4.3 If during the course of Contractor's performance of the Work it becomes apparent to the Construction Program Manager that Contractor will not complete the Work or portions thereof in accordance with the Specific Dates or the Contract Time, Owner may retain the estimated amount of liquidated damages for which Contractor will be liable to Owner under this Contract from amounts otherwise certified as payable to Contractor under Article 9. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 DEFINITION 9.1.1 The Contract Price or Sum is defined in Subparagraph 1.1.13. 9.2 VALUES OF CONSTRUCTION ACTIVITIES 9.2.1 As part of his preparation of his Construction Schedule in accordance with Article 13 hereof, and before his first Application for Payment, Contractor shall submit to the Construction Program Manager a Cost Loaded Schedule with values of construction activities; these values shall be supported by such data as, in the opinion of the Construction Program Manager and the Owner, is reasonably necessary to substantiate its accuracy. These values, unless objected to by the Construction Program Manager, shall be used as a basis for the Contractor's Applications for Payment and only for this purpose. 9.2.1.1 Contractor agrees that he will not "front end load" the values of his construction activities but will set forth in his Cost Loaded Schedule an accurate and reasonable amount for activities. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 On or about the dates specified in the Contract Documents, Contractor shall meet with the Construction Program Manager and submit a completed progress report in accordance with the requirements of Article 13 hereof, supported by such data substantiating the Contractor's right to payment as the Owner or Construction Program Manager may require. Contractor shall also certify that he has paid all due and payable amounts for which previous certificates for payment were issued and payments received from the Owner. Attachment number 1 Page 79 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-66 9.3.1.1 The submission and approval of the Construction Schedule and monthly updates thereof as required by Article 13 hereof shall be an integral part and basic element of the Application upon which progress payment shall be made. The Contractor shall be entitled to progress payments only upon substantial compliance with all the requirements of this Article 9, which compliance shall be a condition precedent to the processing of Contractor's Applications. 9.3.2 Progress payments will be made for Work completed through the dates set forth in the section of the Special Conditions entitled "Schedule of Progress Payments" and, if authorized under Subparagraph 9.3.4 hereof, for materials delivered and properly stored in accordance with the Contract Documents. No progress payments will be made after the last date listed in the "Schedule of Progress Payments" until final payment; provided, however, that if extensions in the Contract Time total thirty (30) days or more, there shall be additional progress payments for each full thirty (30) days of such extensions. 9.3.3 Owner will retain ten percent (10%) of the amount of all progress payments until the Work is finally completed and accepted and Contractor has fully complied with all requirements of the Contract Documents, whether or not the Owner has occupied any or all of the Work before such time. However, if the Owner, at any time after fifty percent (50%) of the Work has been completed, finds that satisfactory progress is being made, he may, in his sole discretion and at his sole option, authorize payment to the Contractor in full for each Progress Payment for Work performed beyond the fifty percent (50%) stage of completion. However, if Contractor fails, in the opinion of the Construction Program Manager or Owner, to continue satisfactory progress of the Work thereafter, Owner may, in his sole discretion and at his sole option, revoke his previous authorization and recapture retention previously released or not retained as authorized by this Subparagraph. Provided, however, that it is understood and agreed that Contractor is not entitled to any automatic reduction in retainage under this Contract. Any reductions in retainage or further withholding are at the sole discretion of the Owner. 9.3.4 Payments may be made by the Owner at his sole discretion, on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site by the Contractor. Payments for materials or equipment stored on the site shall only be considered if Contractor submits documentation (for example, releases or paid invoices from the seller or Supplier) to the Construction Program Manager, evidencing to the satisfaction of the Construction Program Manager that Contractor has acquired title to such materials or equipment, that it will be utilized as part of the Work under this Contract and that it is satisfactorily stored, protected, and insured or that other procedures satisfactory to the Construction Program Manager that will protect the Owner's interests have been taken. Materials once paid for by the Owner become the property of the Owner and may not be removed from the Project site without the Owner's written direction or permission. Materials delivered to and stored at the Project site, but not yet paid for by Owner, are subject to the requirements of Subparagraph 4.5.7. 9.3.5 The Contractor warrants that title to all Work (including all materials and equipment) within the scope of an Application for Payment will pass to the Owner either by incorporation in the construction or upon the receipt of payment by the Contractor from Owner, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances (hereinafter referred to in this Article 9 as "liens"); and that no Work, materials or equipment covered by Application for Payment will have been acquired by the Contractor, or by any other person performing or furnishing any portion of the Work for Contractor, subject to an agreement under which a security interest therein or any other encumbrance thereon is retained by the seller or Supplier, or is otherwise imposed thereon by Contractor or such other person. 9.4 CERTIFICATES FOR PAYMENT Attachment number 1 Page 80 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-67 9.4.1 The Construction Program Manager will, within a reasonable time after receipt of the properly executed Contractor's Application for Payment, issue a Certificate for Payment to the Owner, with a copy to the Contractor, for such amount as the Construction Program Manager determines is properly due, or notify the Contractor in writing of his reasons for withholding a Certificate, or a portion of the progress payment otherwise due, as provided in Subparagraph 9.6.1. 9.4.2 The signing of a Certificate for Payment will constitute a representation by the Construction Program Manager to the Owner, based upon his observations at the site pursuant to his agreement with the Owner, and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and that the Contractor is entitled to payment in the amount certified. However, by signing a Certificate for Payment, the Construction Program Manager shall not thereby be deemed to represent that he has made exhaustive or continuous on-site inspections to check the quality or quantity of the Work or that he has reviewed the construction means, methods, techniques, sequences or procedures of Contractor, or that he has made any examinations to ascertain how or for what purpose the Contractor has used the monies previously paid on account of the Contract Sum. 9.5 PROGRESS PAYMENTS 9.5.1 After a Certificate for Payment has been issued, the Owner shall make payments in the manner and within the time provided in the Contract Documents or, if no time is therein stated, within a reasonable time. 9.5.2 The Contractor shall promptly pay each Subcontractor, Sub-subcontractor and Supplier performing labor or furnishing material for the Work, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's Work or Supplier's material or equipment, the amount to which said Subcontractor or Supplier is entitled, reflecting the percentage actually retained by Owner, if any, from payments to the Contractor on account of such Subcontractor's Work or Supplier's material or equipment. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his Sub-subcontractors and Suppliers in similar manner. 9.5.3 Notwithstanding any provision in this Contract to the contrary, Construction Program Manager may, at his sole discretion, upon the request from any Subcontractor or Supplier, furnish to same, if practicable, information regarding the percentages of completion or the amounts applied for by the Contractor and the action taken thereon by the Construction Program Manager on account of Work done by such Subcontractor or Supplier. Owner may also have right to get information from Subcontractor regarding how much they have been paid, how much is still owing for Work in place, etc. 9.5.4 Owner and the Construction Program Manager shall have no obligation to pay any monies to any Subcontractor, Sub-subcontractor or Supplier. Provided, however, that Owner shall, in his sole discretion, have the right, but no obligation, to make payments directly to any person supplying labor, materials or equipment for the Work in lieu of paying Contractor there for or make joint payment to any such person and the Contractor. Any amounts so paid shall be credited against the Contract Sum. The Contractor shall cooperate with the Owner to facilitate any such direct payment and shall provide such Attachment number 1 Page 81 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-68 evidence as the Owner may request for purposes of determining any amount to be paid directly, as aforesaid. 9.5.5 No Certificate for a progress payment, or any progress payment, or any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents. 9.5.6 The Contractor agrees to keep the Work and the site of the Project free and clear of all liens related to labor and materials furnished in connection with the Work. Furthermore, Contractor waives any right he may have to file any type of lien in connection with the Work. Contractor shall include the requirements of this Subparagraph in each subcontract or purchase order, the intent being to keep the Project free and clear of all liens at all times. 9.5.6.1 If a lien of any nature is filed against the Project or Owner's property (or with Owner in the case of a tax lien) relating in any way to the Work of Contractor, or if there are reasonable grounds, in the opinion of the Construction Program Manager, to believe that it is probable such a lien may be filed at any time during the progress of the Work or within the duration of this Contract, the Owner may, in his sole discretion and at his sole option, withhold from any payment due the Contractor a sum sufficient, in the opinion of the Construction Program Manager, to pay all obligations and expenses necessary to satisfy such lien or anticipated lien. The Owner may withhold such amount unless or until Contractor, within ten (10) days after demand there for by the Construction Program Manager, shall furnish satisfactory evidence that the indebtedness and any lien in respect thereof has been satisfied, discharged and released of record, or that the Contractor has legally caused such lien to be released of record pending the resolution of any dispute between the Contractor and the person or persons filing such lien. If the Contractor shall fail to furnish such satisfactory evidence within ten (10) days of the demand therefor, the Owner may require Contractor's surety to bond off said lien or encumbrance; or the Owner, in his sole discretion, may discharge such indebtedness and deduct the amount thereof, together with any and all losses, costs, damages and attorney's fees suffered or incurred by the Owner from any sum payable to the Contractor under the Contract Documents, including but not limited to final payment and retained percentage. This Subparagraph 9.5.6 shall be specifically included by Contractor in all subcontracts and purchase orders entered into by Contractor in connection with the Work. 9.6 PAYMENTS WITHHELD 9.6.1 The Construction Program Manager may decline to certify payment and may withhold his Certificate in whole or in part, to the extent reasonably necessary to protect the Owner, if in his opinion he is unable to make representations to the Owner as provided in Subparagraph 9.4.2. If the Construction Program Manager is unable to make representations to the Owner as provided in Subparagraph 9.4.2 and to certify payment in the amount of the Application, he shall notify the Contractor as provided in Subparagraph 9.4.1. If the Contractor and the Construction Program Manager cannot agree on a revised amount, the Construction Program Manager shall promptly issue a Certificate for Payment for the amount for which he is able to make such representations to the Owner. The Construction Program Manager may also decline to certify payment because of subsequently discovered evidence or subsequent observations, and he may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss, because of: .1 Defective work not remedied; .2 Third party claims filed, whether in court, in arbitration or otherwise, or reasonable evidence indicating probable filing of such claims; Attachment number 1 Page 82 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-69 .3 Failure of the Contractor to make payments properly to Subcontractors or Suppliers for labor, materials, or equipment; .4 Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 Damage to the Owner, Construction Program Manager, Design Consultant, a separate contractor or utility owner; .6 Reasonable evidence that the Work will not be completed within the Contract Time, or within the applicable Specific Dates established in the Contract Documents. In the event Contractor is more than fourteen (14) days behind the latest approved Construction Schedule for the Work, Owner shall have the right, at his sole option and in his sole discretion, to withhold all further progress payments under this Contract until Contractor provides a Recovery Schedule or Schedule Revision, in full compliance with the requirements of Article 13 hereof, which is approved by the Construction Program Manager, demonstrating that the Work, or designated portion thereof, will be completed within the Specific Dates and the Contract Time; .7 Failure or refusal of the Contractor to carry out the Work in accordance with or to otherwise substantially or materially comply with the Contract Documents, including, but not limited to, the requirements of Article 4 hereof; .8 Liens filed or reasonable evidence that a lien may be filed for any portion of the Work; .9 Failure or refusal of the Contractor to properly schedule and coordinate the Work, to provide progress schedules, reports and updates, or to otherwise substantially comply with Article 13 hereof; .10 Failure or refusal of the Contractor to substantially comply with the provisions of Article 6 hereof; or .11 Failure to submit required documents, data or submittals within the time periods specified in the Contract Documents. 9.6.2 When the above grounds in Subparagraph 9.6.1 are removed, payment shall be made for amounts withheld because of them. 9.7 FAILURE OF PAYMENT 9.7.1 If the Owner does not make payment to the Contractor within the time provided for elsewhere in the Contract Documents, or if no time is stated, within a reasonable time, after receipt of the Contractor's approved Application for Payment from the Construction Program Manager; and if the Contractor is not responsible for such failure; and if the Owner is otherwise not entitled under the Contract Documents or applicable law to withhold payment, Contractor shall give Owner written Notice thereof within seven (7) days of such failure to make payment. Should the Owner fail, within fourteen (14) days of receipt of such Notice from the Contractor, to make payment to Contractor or to specify, in writing, his justification for withholding or not making payment, Contractor may stop the Work until payment of the amount owing according to the Contract Documents has been received. In such event, the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be effected by appropriate Change Order as provided herein. Should Owner specify to Contractor, Attachment number 1 Page 83 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-70 within the fourteen (14) day period stated above, the basis for the Owner's refusal to make payment, such decision of the Owner shall be final and binding upon the Contractor unless the Contractor, within seven (7) days of the receipt of such writing from the Owner, notifies the Construction Program Manager pursuant to Paragraph 7.8 hereof. All disputes regarding payment shall be resolved in accordance with Paragraph 7.8. 9.8 PARTIAL UTILIZATION AND OCCUPANCY BY OWNER 9.8.1 Owner reserves the right, at his option and convenience, for Partial Utilization, as defined in Subparagraph 1.1.32, of all or any part of the Work at any time prior to completion of the Work, upon two (2) days written Notice to Contractor. The Owner shall use his best efforts to prevent such Partial Utilization from interfering with the performance of the remaining Work. Owner shall be liable to Contractor for any reasonable additional costs incurred by Contractor solely as a result of such Partial Utilization, unless such utilization was specifically provided for the Contract Documents or was required because of Contractor's failure to complete the Work or any portion thereof in accordance with the Specific Dates. 9.8.2 Partial Utilization by the Owner pursuant to Subparagraph 9.8.1 hereof shall not constitute acceptance by Owner, Design Consultant or the Construction Program Manager of the completed Work or any portion thereof; shall not constitute or be deemed as acceptance of the Work so occupied as being Substantially Complete, as defined in Subparagraph 1.1.47, or the equivalent of same; shall not relieve Contractor of his full responsibility for warranties and for correcting defective Work and repairing the Work as required by the Contract Documents; and shall not entitle Contractor to any increase in the Contract Sum or any extension of any Specific Dates, except as otherwise provided in Subparagraph 9.8.1 hereof. 9.9 SUBSTANTIAL COMPLETION 9.9.1 When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is Substantially Complete as defined in Subparagraph 1.1.47, the Contractor shall prepare and submit to the Construction Program Manager a list of items which in Contractor's opinion remain to be completed or corrected and shall request in writing that the Design Consultant and the Construction Program Manager perform a Substantial Completion inspection. The Design Consultant, with the assistance of the Construction Program Manager, as appropriate, shall review the Contractor's list and shall compile a separate list of items to be corrected and completed. The failure of Construction Program Manager or Design Consultant to include any items on such List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. When the Design Consultant and the Construction Program Manager, on the basis of an inspection, jointly determine that the Work or designated portion thereof is substantially complete, they will then prepare a Certificate of Substantial Completion which shall establish the Date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items on the Punch List. Unless otherwise provided in the Contract Documents or the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the Date of Final Completion of the Work or designated portion thereof; for any items on the Punch List which are not complete on the Date of Substantial Completion, warranties shall commence upon Final Completion. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. Attachment number 1 Page 84 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-71 9.9.2 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Construction Program Manager and the Design Consultant, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof, as provided in the Contract Documents. Owner, at his sole option may withhold as retainage all monies which, in the opinion of Construction Program Manager, are necessary to ensure completion of the Punch List or other outstanding items, including, but not limited to the settlement and release of any outstanding liens or claims. 9.9.3 The acceptance of Substantial Completion payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Application for Payment for Substantial Completion, and except for the retainage sums due at Final Completion. 9.9.4 The Contractor shall complete all items on the Punch List to the satisfaction of the Design Consultant and Construction Program Manager. The Owner and the Construction Program Manager shall have the option to correct or conclude any and all Punch List items not completed by the Contractor within the required time from the Date of Substantial Completion by utilizing his own forces or by hiring others. The cost of such correction of remaining Punch List items shall be deducted from the final payment otherwise due the Contractor. However Owner may, in his sole discretion, retain the amount due Contractor for uncompleted Punch List items, in which case Contractor will be relieved of his responsibility for completion of the applicable Punch List items; provided, however, that warranties and guarantees of Contractor shall remain applicable to such uncompleted Work, in which case the warranty or guarantee period shall commence on the date of Final Completion in accordance with Subparagraph 9.9.1. 9.9.5 The issuance of the Certificate of Substantial Completion does not indicate final acceptance of the project by the Owner, and the Contractor is not relieved of any responsibility for the Work except as specifically stated in the Certificate of Substantial Completion. 9.9.6 Should the Design Consultant and the Construction Program Manager determine that the Work or the portion thereof designated by Contractor pursuant to Subparagraph 9.9.1 is not Substantially Complete, they shall provide the Contractor a written Notice stating why the Work or designated portion thereof is not Substantially Complete. The Contractor shall expeditiously complete the Work and shall re-request in writing that the Design Consultant and the Construction Program Manger perform a Substantial Completion inspection. Contractor shall pay Owner for all costs associated with such re-inspection by the Construction Program Manager and Design Consultant. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of all documentation required by Subparagraph 9.10.2, and of written Notice from Contractor that the Work is ready for final inspection and acceptance, and upon receipt of a final Application for Payment, the Design Consultant and the Construction Program Manager will promptly make such inspection. When they find the Work acceptable under the Contract Documents and the Contract fully performed, they will jointly issue a final Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor, and noted in said final Certificate, is due and payable. The final Certificate for Payment will constitute a further representation that all the conditions precedent to the Contractor's being entitled to final payment as set forth in the Contract Documents appear to have been fulfilled. Payment shall be made in full to the Contractor within a reasonable time of the date of Attachment number 1 Page 85 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-72 the Final Certificate of Payment provided that the requirements of this Article 9 and all other requirements of the Contract Documents have been fulfilled, except for an amount mutually agreed upon for any Work remaining uncompleted for which the Owner is entitled a credit under the Contract Documents. 9.10.2 Neither the final payment nor the remaining retained percentage shall become due until the Work is free and clear of any and all liens and the Contractor submits to the Construction Program Manager: .1 An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied; .2 Consent of surety, if any, to final payment; .3 If required by the Construction Program Manager, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Construction Program Manager; .4 All Contract Documents (except one set thereof to be retained by Contractor), including a complete set of record documents as required by Subparagraph 4.2.3 hereof, Record Drawings, operation and maintenance manuals, required certifications, and other Project close-out submittals required by the Contract Documents; .5 A written certification that: .1 The Contractor has reviewed all of the requirements of the Contract Documents; .2 The Work has been inspected by the Contractor for compliance with all requirements of the Contract Documents; .3 The Work complies in all respects with the requirements of the Contract Documents; .4 All equipment and systems have been installed in accordance with the Contract Documents and have been tested in accordance with specification requirements and are operational; .5 The Work is complete in all respects; .6 Any governmental certificates required by the Contract Documents or otherwise to evidence compliance of the Work and the Contractor with applicable laws, ordinances, rules, codes and regulations have been received; and .7 The required use and occupancy permits for the Project have been obtained. 9.10.3 If any Subcontractor or Supplier refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify Owner against any loss. If any such lien or claim remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien or claim, including all costs and reasonable Attachment number 1 Page 86 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-73 attorneys' fees. However, the Owner may in his sole discretion withhold from the final payment any sum that the Owner has reason to believe may be needed to satisfy any lien, claim or threat of lien arising from the Work. 9.10.4 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Construction Program Manager so confirms, the Owner shall, upon application by the Contractor and certification by the Construction Program Manager and the Design Consultant, 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 for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in Paragraph 7.4, 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 the Contractor to the Construction Program Manager prior to certification of 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 for the Work not completed. 9.10.5 The making of final payment shall constitute a waiver of all claims by the Owner against the Contractor except those arising from: .1 Unsettled liens, and claims against the Owner, the Construction Program Manager, or the Design Consultant, or his employees, agents, or representatives; .2 Faulty, defective or non-conforming Work discovered or appearing after Substantial or Final Completion; .3 Failure of the Work to comply with the requirements of the Contract Documents; .4 Terms of any warranties contained in or required by the Contract Documents; .5 Damages incurred by the Owner resulting from lawsuits brought against the Owner, the Construction Program Manager, the Design Consultant, or his agents, employees or representatives because of failures or actions on the part of the Contractor, his Subcontractors, Sub-subcontractors, Suppliers or any of his employees, agents or representatives; or .6 Fraud or bad faith committed by the Contractor or any Subcontractor, Sub-subcontractor or Supplier during performance of Work but discovered by Owner after Final Payment. 9.10.6 The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and in full compliance with all requirements of the Contract Documents, and identified by the Contractor as unsettled at the time of the final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 RESPONSIBILITY FOR SAFETY AND HEALTH Attachment number 1 Page 87 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-74 10.1.1 Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. This requirement applies continuously throughout the performance of this Contract by Contractor, until Final Completion of the Work, and is not limited to regular working hours. 10.1.2 The Safety Program of Contractor shall include within its scope a drug and alcohol interdiction policy. The purpose of the policy shall be to create a project site free from any form of drug or alcohol abuse which will in turn assist in the maintenance by Contractor of a safe working environment for all persons present on the project site. The policy shall prohibit the possession or use of any illegal and unauthorized drugs and alcohol on the project site by an employee or subcontractor for whom Contractor is responsible. 10.1.3 The Owner, Construction Program Manager, Design Consultant, or his agents, employees or representatives are not responsible for the means, methods, techniques, sequences or procedures utilized by the Contractor, or for safety precautions and programs in connection with the Work. Owner, Construction Program Manager and Design Consultant have no obligation or responsibility under this Contract to review, approve, inspect or enforce any safety precautions and programs of Contractor. 10.1.4 Contractor agrees that the presence and work of any separate contractors or utility owners on the Project site, and the presence of representatives of Owner, Construction Program Manager or Design Consultant at the Project site and the activities, duties or observations of any of them relating to the Work or Project, shall not diminish or limit in any way Contractor's responsibilities for safety precautions and programs for the Work, as required by this Article 10. Contractor shall cooperate and coordinate with all separate contractors and utility owners regarding all such safety precautions and programs. 10.1.5 Any Notice given to the Contractor by the Owner, the Construction Program Manager or the Design Consultant of a safety or property protection violation will not: (1) relieve the Contractor of sole and complete responsibility for the violation and the correction thereof, or of sole liability for the consequences of said violation; (2) impose any obligation upon Owner, Construction Program Manager or Design Consultant to inspect or review Contractor's safety program or precautions or to enforce Contractor's compliance with the requirements of this Article 10; and (3) impose any continuing obligation upon Owner, Construction Program Manager or Design Consultant to provide such Notice to Contractor or any other person or entity. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection for persons and property. Contractor shall immediately remedy any condition in violation of this Article 10, the Contractor's safety program or applicable rules, codes, laws, regulations or orders of any public authority having jurisdiction, to prevent damage, injury or loss to: .1 All employees of Contractor or any Subcontractors, Sub-subcontractors, Suppliers or Installers involved in the Work; .2 All employees of any separate contractor or utility owner working on the Project site; .3 All other persons, including without limitation the employees, agents, guests, visitors, invitees and licensees of the Owner, Construction Program Manager or Design Consultant; Attachment number 1 Page 88 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-75 .4 All the Work, materials and equipment to be incorporated therein, whether in storage on or off the site, and under the care, custody or control of the Contractor or any of his Subcontractors, Sub-subcontractors or Suppliers; machinery and equipment shall be properly guarded, and all hazards shall be eliminated in accordance with all applicable safety regulations; and .5 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 All Work, whether performed by Contractor, his Subcontractors, Sub-Subcontractors or Suppliers, or anyone directly or indirectly employed by any of them, and all equipment, appliances, machinery, materials, tools and like items incorporated or used in the Work, shall comply with, and conform to: all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction, relating to the safety of persons and their protection against injury; and all rules, regulations and requirements of Owner and its insurance carriers relating thereto, if any; in the event of conflicting requirements between the foregoing, the most stringent shall govern. 10.2.3 Contractor shall designate a responsible member of his organization at the Project site whose duties shall be to enforce Contractor's safety programs and precautions, to ensure compliance with this Article 10, and to prevent accidents. This person shall be the Contractor's Superintendent unless Contractor designates someone else in writing to the Construction Program Manager. Such person shall be acceptable to the Construction Program Manager. 10.2.4 The Contractor shall at all times safely guard the property of Owner, Construction Program Manager, Design Consultant, separate contractors, utility owners and other third parties from injury or losses. He shall at all times safely guard and protect all Work and temporary facilities and adjacent property against loss or damage from whatever cause. All passageways, guard fences, lights and all other facilities required for protection by applicable safety laws and regulations must be provided and maintained by Contractor. 10.2.5 The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including, but in no event limited to: the posting of danger signs and other warnings against hazards; implementing safety regulations and requirements; notifying owners and users of adjacent utilities; the furnishing and maintaining of necessary traffic control barricades and flagman services; properly using and storing necessary explosives or other hazardous materials, in accordance with all applicable requirements, exercising the utmost care under the supervision of qualified personnel, and after first obtaining permission of the public authorities and officers having jurisdiction; and maintaining adequate quantities of both hose and operable fire extinguishers at the Project site. 10.2.6 The Contractor shall promptly remedy at his own cost and expense all damage or loss to any property referred to in this Article 10, caused in whole or in part by the Contractor, any Subcontractor, any Sub-subcontractor, any Supplier, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the Contractor is responsible hereunder, except damage or loss solely attributable to the acts or omissions of Owner, Construction Program Manager or Design Consultant, and not within the control of and not because of the fault or negligence of Contractor or any Subcontractor, Sub-subcontractor or Supplier. The foregoing obligations of the Contractor are in addition to his obligations under Paragraph 4.20. The Contractor shall perform such restoration by underpinning, repairing, Attachment number 1 Page 89 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-76 rebuilding, replanting, or otherwise restoring as may be required or directed by the Construction Program Manager or Design Consultant, or shall otherwise make good such damage in a satisfactory and acceptable manner. In case of failure on the part of the Contractor to promptly restore such property to make good such damage, the Construction Program Manager or Owner may, upon two (2) calendar days written Notice, proceed to repair, rebuild or otherwise restore such property as may be necessary and the cost thereof, or a sum which is, in the opinion of the Construction Program Manager, sufficient to reimburse the owners of property so damaged, will be deducted from any monies due or to become due the Contractor under this Contract. 10.2.7 Contractor is responsible for the proper packing, shipping, handling and storage (including but not limited to shipment or storage at the proper temperature and humidity) of all materials to be incorporated in the Work, so as to ensure the preservation of the quality and fitness of the material for proper installation and incorporation into the Work, as required by the Contract Documents. For example, but not by way of limitation, Contractor shall, when necessary, place material on wooden platforms or other hard and clean surfaces and not on the ground or place such material under cover or in an appropriate shelter or facility. Stored materials or equipment shall be located so as to facilitate proper inspection. Material and equipment which is delivered crated shall remain crated until ready for installation. Lawns, grass plots or other private property shall not be used for storage purposes without the written permission of the property owner or lessee, unless otherwise within the terms of the easements obtained by the Owner or Contractor as required by the Contract Documents. 10.2.8 The Contractor shall give Notice in writing at least seventy-two (72) hours before breaking ground, to all persons and utility owners having structures or improvements in proximity to site of the Work, separate contractors performing work in proximity thereto, superintendents, inspectors, or others in charge of property, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise, who may be affected by the Contractor's operation. This Notice is required in order that said persons may remove any obstruction for which they are responsible and have a representative on site to see that their property is properly protected. Such Notice does not relieve the Contractor of responsibility for any damages, claims, or defense of indemnification of any and all actions against Owner, Construction Program Manager or Design Consultant resulting from performance of such Work in connection with or arising out of this Contract. 10.2.9 Contractor shall protect all Underground Facilities or Utilities encountered while performing the Work, whether indicated on the Contract Drawings or not. The Contractor shall maintain utilities in service until moved or abandoned. The Contractor shall exercise due care when excavating around utilities and shall, at no cost to the Owner, restore any damaged utilities to the same condition or better as existed prior to starting the Work. The Contractor shall maintain, in service, operating utilities or other services, even if they are shown to be abandoned on the Contract Drawings, until new facilities are provided, tested and ready for use. Contractor shall be solely responsible for coordination with utility owners in implementing these and all other requirements of this Contract relating to Underground Facilities and Utilities, as defined in Subparagraph 1.1.49 hereof. 10.2.10 Contractor shall return all improvements on or about the site and adjacent property which are not shown to be altered, removed or otherwise changed to conditions at least equal to those which existed prior to Contractor's starting work. 10.2.11 Contractor shall protect the Work, including but not limited to, the site, stored materials and equipment, excavations, and excavated or stockpiled soil or other material, Attachment number 1 Page 90 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-77 intended for use in the Work. Contractor shall take all necessary precautions to prevent or minimize damage to same or detrimental effect upon his performance or that of his Subcontractors, Sub-subcontractors and Suppliers caused by or due to rain, snow, ice, run-off, floods, temperature, wind, dust, sand and flying debris. For example, but not by way of limitation, Contractor shall, when necessary, utilize temporary dikes, channels or pumping to carry-off, divert or drain water, and shall as necessary tie-down or otherwise secure the Work and employ appropriate covers and screens, all at no cost to Owner. 10.2.12 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. 10.2.13 The Contractor shall coordinate with all utility companies, separate contractors and with his Subcontractors, Sub-subcontractors and Suppliers concerning the energizing or fueling of power lines, systems, fuel lines, items of equipment, or any portion of the Work when same initially become operative or in use, and shall give timely Notice to all separate contractors, Subcontractors and all trades affected thereby. 10.3 EMERGENCIES 10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. The Contractor shall notify the Owner and Construction Program Manager of the situation and of all actions taken immediately thereafter. If, in the opinion of the Contractor, a decision is required by the Owner, Construction Program Manager or Design Consultant regarding said emergency and immediate action is not required, the Contractor shall notify the Owner and Construction Program Manager. Provided, however, if any loss, damage, injury or death occurs that could have been prevented by the Contractor's prompt and immediate actions, the Contractor shall be fully liable for all costs, damages, claims, actions, suits, attorney's fees and all other expenses arising therefrom or relating thereto. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Article 12 for Changes in the Work. 10.4 EFFECT OF SUBMISSION OF CONTRACTOR'S SAFETY PLAN 10.4.1 The Owner, Construction Program Manager and Design Consultant shall have no responsibility or obligation to review or approve any safety plans or procedures as may be submitted by Contractor, or to check or verify the Contractor's compliance with any and all requirements imposed by the Contract Documents or by law, rule, regulation or order of any public authority having jurisdiction. The receipt or filing of any safety plan by the Owner, Construction Program Manager or Design Consultant does not constitute acceptance of or acquiescence with or endorsement of such safety plans or procedures of Contractor. 10.5 FAILURE OF COMPLIANCE 10.5.1 Should Contractor fail to initiate, maintain and supervise all safety precautions and programs in connection with the Work as required by this Article 10, Owner, Construction Program Manager and Design Consultant shall be entitled to recover from Contractor all amounts, fines or penalties for which any of them may be liable to any person or entity because Contractor failed to comply with the provisions of this Article 10, including, but not limited to, all direct, indirect and consequential damages, and all attorney's fees, costs and expenses incurred relating thereto. In addition, the Owner may construe such failure as a material breach of this Contract and therefore may exercise all rights and remedies, including termination in accordance with Paragraph 14.3 hereof. Attachment number 1 Page 91 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-78 10.5.2 Nothing herein shall be construed as limiting Contractor's obligations under Paragraph 4.20 hereof. ARTICLE 11 INSURANCE 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase and maintain with companies acceptable to Owner, and who are properly licensed to do business in the state in which the Project is located and which have an "A" policyholder's rating and a financial rating of at least Class XI in accordance with the most current Best's Rating, such insurance as will protect Contractor, Owner, Construction Program Manger, Design Consultant and their agents, consultants, representatives, and employees from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor, Sub-subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts (with Workmen's Compensation and Employer's Liability Insurance in amounts not less than those necessary to meet the statutory requirements of any state(s) having jurisdiction over any portion of the Work). The Contractor will require his Subcontractors, Sub-subcontractors and Suppliers to provide similar Workmen's Compensation Insurance for all of the latter's employees; .2 Claims for bodily injury, sickness or disease, or death of his employees; .3 Claims for bodily injury, sickness or disease, or death of any person other than his employees; .4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and .6 Claims for bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be primary and noncontributing to any insurance possessed or procured by the Owner, and shall be for the coverages and the limits of liability not less than those set forth in the section of the Special Conditions of this Contract entitled "Insurance", or as required by law, whichever is greater. 11.1.3 The insurance required by Subparagraph 11.1.1 shall include "Hold Harmless" insurance and contractual liability insurance, which shall include within its coverage the Contractor's obligations under Paragraph 4.20. Attachment number 1 Page 92 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-79 11.1.4 Without limiting the above, Contractor shall, at his own expense, during the term of this Contract, purchase and maintain the insurance required by the section of the Special Conditions to this Contract entitled "Insurance." 11.1.5 The insurance required by Subparagraph 11.1.1 shall be written for not less than any limits of liability specified in the Contract Documents, or required by law, whichever is greater. 11.1.6 Certificates of Insurance acceptable to the Owner shall be delivered to the Owner or Construction Program Manager prior to commencement of the Work on site by Contractor. These Certificates shall be on the forms required by the Contract Documents, with no substitution or revision of the forms being allowed, and shall contain a provision that coverages afforded under the policies will not be canceled unless at least thirty (30) days' prior written Notice has been given to the Owner. All insurance shall be in effect on or before the date when the Work is commenced by Contractor. All insurance shall be maintained in full force and effect until the date of Final Completion or so long as Contractor, or anyone for whom Contractor is responsible, is on the site, whichever is later. 11.1.7 Owner, Construction Program Manager and Design Consultant shall be additional insureds under any insurance purchased by Contractor under this Paragraph 11.1 and each shall receive certificates evidencing this coverage prior to the commencement of the Work on site by Contractor. 11.2 PROPERTY INSURANCE 11.2.1 The Contractor shall purchase and at all times maintain such insurance as will protect Contractor, Owner, Construction Program Manager, Design Consultant, Subcontractors, Sub-subcontractors and Suppliers, and all of their representatives, agents and employees, from loss or damage to the Work or property in the course of construction, including all machinery, materials and supplies on the premises or in transit thereto and intended to become a part of the finished Work and all temporary structures, miscellaneous materials and supplies incident to the Work, and Owner's loss of use of Owner's property due to fire or other hazards, however caused, until the date of Final Completion or so long as Contractor, or anyone for whom Contractor is responsible, is on the site, whichever is later. This insurance shall be in the form of "Builder's All-Risk" or equivalent. The Contractor shall cause such policy or policies of insurance required under this Subparagraph to be endorsed so as to provide that the insurer or insurers waive any right of subrogation against the Owner. Any deductible provision in such insurance shall not exceed the amount set forth in the section of the Special Conditions of this Contract entitled "Insurance"; or if no amount is specified, the deductible shall not exceed One Hundred Dollars ($100). Contractor shall remain solely liable for the full amount of any item covered by such insurance, including any deductibles. 11.2.2 Any loss insured under Subparagraph 11.2.1 is to be adjusted by the insurer with the Owner and any check made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause and of Subparagraph 11.2.5. Contractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor, and by appropriate agreement, written where legally required for validity, shall require each Subcontractor to make payments to his Sub-subcontractors or Suppliers in similar manner. 11.2.3 The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered and paid by insurance obtained pursuant to this Paragraph 11.2, or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the Attachment number 1 Page 93 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-80 Owner as trustee. The Contractor shall require, by appropriate agreement, written where legally required for validity, similar waivers in favor of the Owner and the Contractor by Subcontractors and Sub-subcontractors. With respect to the waiver of rights of recovery, the term Owner shall be deemed to include, to the extent covered by property insurance applicable thereto, his consultants, employees, and agents and representatives including the Construction Program Manager and Design Consultant, their officers, employees, agents, representatives and consultants. The Contractor waives as against any separate contractor described in Article 6 all rights for damages caused by fire or other perils in the same manner as is provided above as against the Owner. The Owner shall require, by appropriate written agreement, similar waivers in favor of the Contractor by any separate contractor and his subcontractors and sub-subcontractors. 11.2.4 If required by law, the Owner as trustee shall, upon the occurrence of an insured loss, provide a bond for the proper performance of his duties. Owner shall deposit in a separate account any money so received, and he shall distribute it in accordance with such agreement as the parties in interest may reach, or in accordance with a court order. 11.2.5 The Owner as trustee shall have power to adjust and settle any loss with the insurers unless, within five (5) days after the occurrence of the loss, one of the parties in interest shall object in writing to the Owner's exercise of this power. If such objection be made, the matter shall be decided by a court of competent jurisdiction or as the parties in interest otherwise agree. The Owner as trustee shall, in that case, make settlement with the insurers in accordance with the orders of the court or as otherwise agreed by the parties in interest. 11.2.6 If the Owner finds it necessary to partially utilize a portion or portions of the Work prior to Substantial Completion thereof, Contractor shall obtain the consent of the insurance company or companies providing the property insurance, by endorsement to the policy or policies. No insurance required by this Article 11 shall be cancelled or lapsed on account of such Partial Utilization. 11.3 EFFECT OF SUBMISSION OF CERTIFICATES 11.3.1 The Owner and Construction Program Manager shall be under no obligation to review any Certificates of Insurance provided by the Contractor or to check or verify the Contractor's compliance with any and all requirements regarding insurance imposed by the Contract Documents. The Contractor is fully liable for the amounts and types of insurance required herein and is not excused should any policy or certificate of insurance provided by the Contractor not comply with any and all requirements regarding insurance imposed by the Contract Documents and applicable laws or regulations. 11.4 FAILURE OF COMPLIANCE 11.4.1 Should the Contractor fail to provide and maintain in force any and all insurance, or insurance coverage required by the Contract Documents or by law, or should a dispute arise between Owner and any insurance company of Contractor over policy coverage or limits of liability as required herein, the Owner, when a loss occurs, shall be entitled to recover from the Contractor all amounts payable, as a matter of law, to Owner or any other parties, including but not limited to the Construction Program Manager and the Design Consultant, had the required insurance or insurance coverage been in force. Said recovery shall include, but is not limited to interest for the loss of use of such amounts of money, plus all attorney's fees, costs and expenses incurred in securing such determination, and all consequential damages arising out of the failure of the Contractor or insurance company to comply with the provisions of the Contract Documents, or any policy required hereby, or any other requirements regarding insurance imposed by law. Attachment number 1 Page 94 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-81 Nothing herein shall limit any damages for which Contractor is responsible as a matter of law. 11.5 OWNER'S INSURANCE 11.5.1 The Owner, at his option, may purchase and maintain such insurance as will insure him against any loss of use of his property due to fire or other hazards, however caused. This Paragraph 11.5 shall not be construed as limiting in any way Contractor's obligations under this Article 11. ARTICLE 12 CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.1 A Change Order is defined in Subparagraph 1.1.9 hereof. 12.1.2 The Owner may, at any time, without invalidating the Contract and without notice to any surety, by written order designated or indicated to be a Change Order, and executed solely by the Owner, make any Changes in the Work within the general scope of this Contract, including, but not limited to Changes: .1 In the Specifications or Drawings; .2 In the sequence, method or manner of performance of the Work; .3 In the Owner-furnished facilities, equipment, materials, services or site; or .4 Directing acceleration in the performance of the Work; Provided, however, that orders or directives of the Owner, Construction Program Manager or Design Consultant which are authorized under other provisions of the Contract Documents and which arise because of the fault or negligence of Contractor, shall not be a Change Order under this Contract. 12.2 OWNER DIRECTED CHANGES REQUIRING AN INCREASE IN CONTRACT SUM 12.2.1 If the Change in or addition to the Work will result in an increase in the Contract Sum, the Owner shall have the right to require the performance thereof on a lump sum basis, a unit price basis or a time and material basis, all as hereinafter more particularly described (the right of the Owner as aforesaid shall apply with respect to each such Change in the Work). 12.2.2 If the Owner elects to have the Change in the Work performed on a lump sum basis, his election shall be based on a lump sum proposal which shall be submitted by the Contractor to the Construction Program Manager within ten (10) days of the Contractor's receipt of a request therefor (but the Owner's request for a lump sum proposal shall not be deemed an election by the Owner to have the Change in the Work performed on a lump sum basis). The Contractor's proposal shall be completely and fully itemized and segregated by labor and materials for the various components of the Change to the Work (no aggregate labor total will be acceptable) and shall be accompanied by signed, itemized proposals of any Subcontractors or Sub-Subcontractors who will perform any portion of the Change in the Work, and of any Attachment number 1 Page 95 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-82 Suppliers who will furnish materials or equipment for incorporation therein. The proposal shall also include a listing of the scheduled activities affected by the Change, the Contractor's statement of the additional time, if any, required to perform said Changes; and, if a time extension is requested, a justification therefor in compliance with Article 8 and Article 13 hereof. 12.2.2.1 The portion of the proposal relating to labor, whether by the Contractor's forces or the forces of any of his Subcontractors, may include reasonably anticipated gross wages of job site labor, including foremen, who will be directly involved in the physical work anticipated by the Change in the Work (for such time as they will be so involved), plus payroll costs (including premium costs of overtime labor, if overtime is anticipated, Social Security, insurance, Federal or State unemployment insurance taxes and fringe benefits required by collective bargaining agreements entered into by the Contractor or any such Subcontractor in connection with such labor) and up to fifteen percent (15%) of such anticipated gross wages, including payroll costs, as overhead and profit for the Contractor or any such Subcontractor, as applicable (said overhead and profit includes all supervision except foremen). 12.2.2.2 The portion of the proposal relating to materials may include the reasonably anticipated direct costs to the Contractor or to any of his Subcontractors of materials to be purchased for incorporation in the Change in the Work, plus transportation and applicable sales or use taxes and the reasonably anticipated rental costs in connection with the Change in the Work (either actual rates or discounted local published rates), plus up to fifteen percent (15%) as overhead and profit for the Contractor or any such Subcontractor (said overhead and profit to include all small tools). 12.2.2.3 The lump sum proposal may include up to six percent (6%) of the amount which the Contractor will pay to any of his Subcontractors for the Change in the Work as overhead and profit to the Contractor. The percentages allowed by paragraphs 12.2.2.1 and 12.2.2.2 are for the entity (Contractor or Subcontractor) actually doing the physical work of the Change. 12.2.2.4 It is understood and agreed that all markups for overhead and profit as set forth in this Subparagraph 12.2.2 are to be computed by multiplying the percentage allowed (which includes both overhead and profit in one markup) by the net costs. The term "net costs" is defined as allowable costs as permitted herein for labor and materials for additions to the Work minus costs for deletions in the Work. 12.2.2.5 If any of the items included in the lump sum proposal are covered by unit prices contained in the Contract Documents, the Owner may, if it requires the Change in the Work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal, in which event an appropriate revision will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No overhead and profit shall be applied to these unit prices. 12.2.3 If the Owner elects to have the Change in the Work performed on a unit price basis, his election shall be based upon a unit price proposal which shall be submitted by the Contractor to the Construction Program Manager within ten (10) days of his request therefor (but the Construction Program Manager's request for a unit price proposal shall not be deemed an election by the Owner to have the Change in the Work performed on a unit price basis). The Contractor's proposal shall itemize the quantities of each item of the Change in the Work for which there is an applicable unit price contained in the Contract Documents. If items are needed for which there is no unit price specified in the Contract Documents, Contractor must propose a unit price. The quantities shall be itemized in relation to each specific Drawing. Unit prices will be applied to net differences of quantities of the same item. No overhead and profit shall be applied to any unit prices Attachment number 1 Page 96 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-83 included in the Contract Documents. The proposal shall also include a listing of the scheduled activities affected by the Change, the Contractor's statement of the additional time, if any, required to perform said Changes; and, if a time extension is requested, a justification therefor in compliance with Article 8 and Article 13 hereof. 12.2.4 Nothing herein contained shall preclude the Construction Program Manager from requesting a lump sum proposal and a unit price proposal with respect to the same Change in the Work, in which event the Contractor shall submit both. 12.2.5 In the event that the Contractor fails to submit his proposal under Subparagraphs 12.2.2 or 12.2.3 within the designated period or shorter period as required by the Construction Program Manager, the Construction Program Manager may order the Contractor to proceed with the Change in the Work, and the Contractor shall so proceed. The Owner and Construction Program Manager shall thereafter determine the reasonable cost and time to perform the Work in question. Contractor shall comply with said determination, subject to the provisions of Paragraph 12.5. 12.2.6 If the Owner elects to have the Change in the Work performed on a time and material basis, the Change shall be performed, whether by the Contractor's forces or the forces of any of his Subcontractors or Sub-subcontractors, at actual cost, as defined in Paragraph 12.7 hereof, to the entity performing the Change in the Work, plus fifteen percent (15%) thereof as the total overhead and profit. Contractor shall be entitled to a markup for overhead and profit in an amount of up to six percent (6%) of the amount which Contractor will pay to any of his Subcontractors for the Change in the Work. The Contractor shall submit to the Construction Program Manager daily time and material tickets, that include the identification number assigned to the Change in the Work, the location and description of the Change in the Work, the classification of labor employed (and names and social security numbers), the materials used, the equipment rented (not small or expendable tools) and such other evidence of cost as the Owner may require. Contractor agrees that his failure to submit time and material tickets for a particular day within twenty-four (24) hours thereof shall constitute a waiver by him of any claim for labor and material costs for that day. 12.2.6.1 Contractor shall secure authentication of all time and material tickets and invoices if so required by the Construction Program Manager. The Owner shall designate the persons who are authorized to perform such authentication. The failure of the Contractor to secure any required authentication shall, if the Construction Program Manager elects to treat it as such, constitute a waiver by the Contractor of any claims for the cost of that portion of the Change in the Work covered by a non-authenticated ticket or invoice; provided, however, that the authentication of any such ticket or invoice, or the signing, acknowledgment or receipt thereof by the Construction Program Manager, shall not constitute an agreement by the Construction Program Manager that the items thereon were reasonably required for or solely related to the Change in the Work. 12.2.6.2 Owner shall not be liable to Contractor for time and materials costs which arise or are incurred because of the negligence of or defective or non-conforming work of Contractor or any Subcontractor; because of Contractor's failure to properly supervise the Work or to properly schedule or coordinate the Work; or because of Contractor's failure to comply with any requirements of the Contract Documents. 12.2.7 Until such time as the Owner makes his election under this Paragraph 12.2, Contractor shall submit daily time and material tickets and invoices to the Construction Program Manager as required under Subparagraph 12.2.6 (which receipt by the Construction Program Manager shall not be deemed an election by Owner to have the Change performed on a time and material basis), which shall be subject to authentication as therein provided. At such time as the Owner makes his election under this Paragraph Attachment number 1 Page 97 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-84 12.2, an appropriate Change Order will be initiated, it being understood and agreed that said Change Order shall be a condition precedent to any payment to the Contractor on account of the Change in the Work; provided, however, that if the Owner elects to have the Change in the Work performed on a time and material basis, then it may, pending final determination of the cost, allow Contractor to include portions of the cost in his Applications for Payment, in which event the Owner shall, upon approval of said Applications for Payment, make payments on account thereof (such payments shall not exceed, in the aggregate, the Owner's determination of the cost of the Change in the Work). 12.2.8 In the event that the parties are unable to agree as to the reasonable cost and any extension required to Specific Dates or the Contract Time, for the performance of the Change to the Work based upon the Contractor's Proposal, and the Construction Program Manager and Owner do not elect to have the Change performed on a time and material basis, the Owner and Construction Program Manager shall have the discretion to issue a Change Order directing Contractor to proceed with the performance of the Change in the Work. The Owner and Construction Program Manager shall thereafter make a determination of the reasonable cost and additional time, if any, necessary for performance of the Change, based upon their own estimates and the Contractor's submission or a combination thereof. A Change Order shall be issued for the amounts of cost and the adjustment in any Specific Date or the Contract Time determined by the Construction Program Manager and the Owner. This determination shall be final and binding upon the Contractor, as provided in Subparagraph 7.8.3 hereof, unless the Contractor, within seven (7) days of the issuance of said Change Order, submits his written Notice to Construction Program Manager in accordance with Paragraph 7.8. Failure of the parties to reach agreement regarding the cost and any time extension for the Change in the Work shall not relieve the Contractor from performing the Change in the Work promptly and expeditiously as directed by the Owner or Construction Program Manager. 12.2.9 No overhead and profit will be paid by the Owner on account of a Change in the Work except as specifically provided in this Paragraph 12.2. Overhead and profit, as allowed under this Paragraph 12.2, shall be deemed to include all direct and indirect costs and expenses which the Contractor or any of his Subcontractors may incur in the performance of a Change in the Work and which are not otherwise specifically recoverable by them pursuant to this Paragraph 12.2. 12.3 CHANGES REQUIRING A DECREASE IN CONTRACT SUM OR CONTRACT TIME 12.3.1 If a Change in the Work will result in a decrease in the Contract Sum, or a decrease in the time of completion of a portion of the Work by a Specific Date or the Contract Time, the Construction Program Manager may request a proposal from the Contractor of the amount of such decrease for use in preparing a Change Order. The Contractor's proposal shall be forwarded to the Construction Program Manager within ten (10) days of his request therefor, and, if acceptable to the Owner, shall be incorporated in the Change Order. If not acceptable to the Owner, the parties shall make every reasonable effort to agree as to the amount of such decrease, which, as to the Contract Sum, may be based on a lump sum properly itemized, on unit prices stated in the Contract Documents and/or on such other basis as the parties may mutually determine. If the parties are unable to so agree, the amount of such decrease in the Contract Sum or the time of performance shall be the total of the estimated reduction in actual cost or time of performance of the Work, as determined by the Construction Program Manager in his reasonable judgment, subject to the provisions of Paragraph 12.5. 12.4 CONTRACTOR NOTICE OF CHANGE Attachment number 1 Page 98 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-85 12.4.1 If the Contractor, or any Subcontractor, Sub-subcontractor or Supplier is of the opinion that any event or occurrence has caused a Change in the Work, which Change causes or will cause an increase or decrease in the cost or the time required for the performance of any part of the Work under this Contract, including Work not affected directly by the Change, the Contractor shall, within seven (7) days of such event or occurrence, give the Construction Program Manager written Notice as required by this Contract. Said Notice shall include the instructions, directions or circumstances that are the basis of the claim. Within twenty (20) days of said event or occurrence, Contractor shall provide the Construction Program Manager, in writing, his best estimate of all costs alleged by Contractor to be associated with the Change and any time extension which is required thereby. 12.4.2 Contractor agrees that his failure to comply with the requirements of Subparagraph 12.4.1 shall constitute a waiver by Contractor of any claim for monetary compensation or a time extension relating to any alleged Change for which Notice was required, but not given in accordance therewith. 12.4.3 Under no circumstances shall Contractor, or any Subcontractor, Sub-subcontractor or Supplier be entitled to any adjustment in the Contract Sum (for costs or damages incurred) or any time extension for Changes in the Work occurring more than seven (7) days prior to the receipt by Construction Program Manager of the Notice required under this Paragraph 12.4. 12.5 DISPUTES REGARDING CHANGES 12.5.1 If any dispute should arise between the Owner and Contractor with respect to an increase or decrease in the Contract Sum or in the time of completion of a portion of the Work by a Specific Date or the Contract Time, as a result of a Change in the Work, Contractor shall not suspend performance of a Change in the Work or the Work itself unless otherwise so ordered by the Construction Program Manager in writing. 12.5.1.1 The Owner shall pay to the Contractor up to the Construction Program Manager's reasonable estimated value of the Change in the Work, regardless of the dispute, if said Changes in the Work, in the opinion of the Owner, results in an increase in the Contract Sum; and the Owner shall have the right to decrease the Contract Sum by the Construction Program Manager's reasonable estimated value of the Change in the Work, regardless of the dispute, if said Change in the Work results in a decrease in the Contract Sum. 12.5.1.2 If a Change in the Work will result in an increase or decrease in the time required for the completion of any portion of the Work by a Specific Date or by the Contract Time, and the parties are unable to agree as to the number of days by which the Contract Time or any Specific Date will be adjusted, then the Owner and Construction Program Manager shall proceed in accordance with Subparagraph 12.2.8 hereof. 12.5.2 The actions and determinations of Owner under Subparagraphs 12.5.1.1 and 12.5.1.2 shall be final and binding upon Contractor and any of his Subcontractors, Sub-subcontractors and Suppliers, as provided in Subparagraph 7.8.3 hereof, unless Contractor gives written Notice to the Construction Program Manager within seven (7) days of such actions or receipt by Contractor of such determinations of the Owner and fully complies with the requirements of the Contract Documents, including but not limited to this Article 12 and Paragraph 7.8 hereof. 12.6 COST OF THE WORK Attachment number 1 Page 99 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-86 12.6.1 For the sole purpose of the administration of Changes pursuant to this Article 12, the term "Cost of the Work" means the sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items: 12.6.1.1 Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may, subject to the provisions of Subparagraph 12.6.2.1, include superintendents and foremen employed full-time at the site who directly supervise the installation of the Work (but shall not include the Project Manager or Project Engineer). The expenses of performing Work after regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above only to the extent authorized in writing by Construction Program Manager; 12.6.1.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and all returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained; 12.6.1.3 Payments made by Contractor to the Subcontractors for Work performed by Subcontractors. If required by Construction Program Manager, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to Owner who will then determine, with the advice of Construction Program Manager, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as Contractor's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable; and 12.6.1.4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work; 12.6.1.5 Supplemental costs including the following: .1 The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work; .2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of Contractor; .3 Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Construction Program Manager, and the Attachment number 1 Page 100 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-87 costs of transportation, loading, unloading, installation, dismantling, and removal thereof--all in accordance with terms of said rental agreements. The rental of any such equipment, machinery and parts shall cease when the use thereof is no longer necessary for the Work; .4 Sales, consumer, use or similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations; .5 Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses; .6 Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by Contractor in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by Owner in accordance with the Contract Documents, provided they have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and Contractor is placed in charge thereof, Contractor shall be compensated therefor by Change Order; .7 The cost of utilities, fuel, and sanitary facilities at the site; .8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, express mail service and similar petty cash items in connection with the Work; and .9 Cost of premiums for additional Bonds and insurance required because of Changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by Owner in accordance with the Contract Documents. 12.6.2 The term "Cost of the Work" shall not include any of the following: 12.6.2.1 Payroll costs and other compensation of Contractor's officers, executives, principals (of a partnership or sole proprietorships), general managers, project managers, project engineers, architects, engineers, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the site or in Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Subparagraph 12.6.1.1, are to be considered administrative costs which are encompassed within the overhead/profit percentage markup allowed Contractor under this Contract; 12.6.2.2 Expenses of Contractor's principal and branch offices other than Contractor's office at the site, including, but not limited to, costs of or changes or additions to Contractor's computer hardware or software; Attachment number 1 Page 101 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-88 12.6.2.3 Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments; 12.6.2.4 Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintains the same (except for the cost of premiums covered by Subparagraph 12.6.1.5.9 above); 12.6.2.5 Costs due to the negligence of Contractor, any Subcontractor, Sub-Subcontractor or Supplier or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly applied and making good any damage to property; and 12.6.2.6 Other indirect, overhead or general and administrative expenses or costs of any kind and the costs of any item not specifically and expressly included in Paragraph 12.6. 12.7 GENERAL PROVISIONS RELATED TO CHANGES 12.7.1 For Changes in the Work, Contractor shall not be entitled to any amount for indirect costs, including, but not limited to, so-called "impact" costs, labor inefficiency, extended home office overhead, wage, material or other escalations beyond the prices upon which the proposal is based and to which the parties have agreed pursuant to the provisions of Article 12, and which the Contractor, his Subcontractors or Sub-subcontractors or any other person may incur as a result of delays, interferences, suspensions, changes in sequence, congestion of work areas or the like, for whatever cause arising from the performance of any and all Changes in the Work performed under this Contract. It is understood and agreed that the Contractor's sole and exclusive compensation for Changes shall be recovery of his direct costs as compensable hereunder and an extension of the Contract Time, but only in accordance with the provisions of the Contract Documents. 12.7.2 Contractor acknowledges and agrees that it is in the interests of Owner and Contractor to expedite the resolution of all matters relating to Changes in the Work. Therefore, Contractor agrees as follows: 12.7.2.1 Contractor will not misrepresent to Owner, Construction Program Manger or Design Consultant, his intentions regarding the settlement of Change Order issues; 12.7.2.2 Any Change Order issued under this Contract shall resolve all matters relating to that Change, including, but not limited to, all claims or causes of action for costs or a time extension which Contractor or any of his Subcontractors, Sub-subcontractors or Suppliers have or may have relating thereto; 12.7.2.3 The sum agreed upon for any Change Order shall be inclusive of all claims for costs or other causes of action which Contractor or any of his Subcontractors, Sub-subcontractors or Suppliers may have relating thereto. No claim relating to or flowing from a particular Change shall be allowed after acceptance by Contractor of the Change Order or the sums payable thereunder relating to that Change unless Contractor has expressly and specifically reserved such claims in the language of the Change Order itself, the costs or claims are not specifically excluded by the terms of this Contract, and the Owner has agreed to such reservation; 12.7.2.4 Once Owner and Contractor have agreed upon any adjustment in the Contract Price or any adjustment in a Specific Date or the Contract Time arising because of a Change in the Work, it is understood that said agreement is final and binding upon Contractor, and any claims relating to the event or occurrence giving rise to the Change, or the Change itself, shall have been fully and finally settled and shall not be subject to renegotiation or Attachment number 1 Page 102 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-89 adjustment due to any cause whatsoever (subject only to the provisions of Paragraph 3.7); and 12.7.2.5 No claim by the Contractor hereunder shall be allowed if asserted after final payment under this Contract. ARTICLE 13 SCHEDULES & REPORTS (As Revised, Addendum No. 3) 13.1 DEFINITIONS 13.1.1 The following definitions apply to Article 13: 13.1.1.2 Not Used 13.1.1.3 Project Construction Schedule: The detailed CPM Construction Schedule prepared by the Contractor for the duration of the Construction Phase of the Project. 13.1.1.4 Interim Project Construction Schedule: The detailed 90-GD\³ORRN-DKHDG´&303URMHFW Construction Schedule prepared by the Contractor as a prelude to the Project Construction Schedule. This Schedule is required for the Contractor to receive payment for work performed during the first 60 days of the Project. The purpose of this schedule is to give the Contractor adequate time to plan and schedule all of the work for the Project, while they are mobilizing and beginning to perform work. 13.1.1.5 Master Project Schedule: A schedule prepared by the Owner to track all activities of the entire Project. 13.1.1.6 Updated Project Construction Schedule: The Project Construction Schedule prepared each month by the Contractor in support of their request for payment. 13.1.1.7 Revised Project Construction Schedule: The Project Construction Schedule that has been changed by the Contractor, during the course of Construction, and approved by the Owner. The Revised Project Construction Schedule may include changes in logic, changes in the durations of the activities, changes in the sequencing of the work, and fragnets. 13.1.1.8 Recovery Project Construction Schedule: The Project Construction Schedule prepared by the Contractor to support their efforts to recover lost time during the Project. 13.1.1.9 CPM (Critical Path Method): Critical Path Method (CPM) is a system for planning, scheduling, controlling, and monitoring progress on a Project. The CPM system uses networks of activities interrelating time and dollars to monitor progress on Projects. CPM uses network analysis to identify those tasks, which are on the critical path, where any delay in the completion of these tasks will lengthen the project timescale, unless action is taken. The system provides a means of evaluating delays and impacts caused by changes and delays attributed to Owners and Contractors. 13.1.1.10 Critical Path: The longest continuous sequence of activities through the network schedule that establishes the minimum overall project duration and contains no float. Attachment number 1 Page 103 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-90 13.1.1.11 Activity: An activity is defined as any portion or element of work, action, and/or reaction that is precisely described, readily identifiable and is a function of a logical sequential process. 13.1.1.12 Critical Activity ± Activities on the Critical Path. They must start and finish on the planned start and finish dates, otherwise there will be a delay in the completion of the Project. 13.1.1.13 Predecessor Activity ± an activity that must be completed before a given activity can be started. 13.1.1.14 Successor Activity ± an activity that succeeds another activity. 13.1.1.15 Float: Any activity not on the critical path will have a certain amount of leeway or float time associated with it. Float time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities in Project Construction Schedule. Float Time is the amount of time that an activity can slip past its duration without delaying the rest of the project. 13.1.1.16 Fragnet: The subdivision of a project network diagram into segments, usually representing some form of subproject (change). 13.1.1.17 Milestone: A clearly identifiable point in a project or set of activities that commonly denotes a reporting requirement or completion of a key component of a project. 13.1.1.18 Phasing: The process of segregating activities into a series of sequential phases. 13.1.1.19 Delay: An interruption or hindrance to planned progress. 13.2 GENERAL REQUIREMENTS 13.2.1 The Work under this Contract shall be planned, scheduled, executed, reported and accomplished using the Critical Path Method (hereinafter referred to as CPM), in calendar days, unless otherwise specifically provided in the Contract Documents. 13.2.2 The primary objectives of the requirements of this Article 13 are: (1) to insure adequate planning and execution of the Work by Contractor; (2) to assist Owner and Construction Program Manager in evaluating progress of the Work; (3) to provide for optimum coordination by Contractor of his trades, Subcontractors and Suppliers, and of his Work with the work or services provided by any separate contractors; (4) to permit the timely prediction or detection of events or occurrences which may affect the timely prosecution of the Work; and (5) to provide a mechanism or tool for use by the Owner, Construction Program Manager and Contractor in determining and monitoring any actions of the Contractor which may be required in order to comply with the requirements of the Contract Documents relating to the completion of the various portions of the Work by the Specific Dates specified in the Contract Documents. 13.2.3 Not Used. 13.2.4 Contractor is responsible for determining the sequence of activities, the time estimates of the detailed construction activities and the means, methods, techniques and procedures to be employed. The Construction Schedule shall represent the Contractor's best judgment of how he will prosecute the Work in compliance with the Contract requirements. Contractor shall ensure that the Construction Schedule is current and accurate and is properly and timely monitored, updated and revised as Project conditions and the Contract Documents may require. Attachment number 1 Page 104 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-91 13.2.5 Not Used. 13.2.6 Not Used. 13.2.7 Contractor shall consult with his principal Subcontractors and Suppliers relating to the preparation of his construction plan and Construction Schedule. Principal Subcontractors shall receive copies of those portions of Contractor's Construction Schedule which relate to their Work and shall be continually advised of any updates or revisions to the Construction Schedule as the Work progresses. When Contractor submits his Construction Schedule to the Construction Program Manager or makes any proposed updates or revisions to such Schedule, it will be assumed by Owner and Construction Program Manager that Contractor has consulted with and has the concurrence of his principal Subcontractors and Suppliers. Contractor shall be solely responsible for ensuring that all Subcontractors and Suppliers comply with the requirements of the Construction Schedule for their portions of the Work. 13.2.9 Contractor will provide the basic data relating to activities, durations and sequences to Construction Program Manager as part of Contractor's draft of the Construction Schedule. This data shall reflect the Contractor's actual construction plan for the Project, and shall fully comply with all requirements of the Contract Documents, including without limitation, Paragraph 4.11 hereof. 13.2.9.1 When there are separate contractors working concurrently on the Project whose work must interface or be coordinated with the Work of Contractor, Contractor shall coordinate his activities with the activities of the separate contractors and shall, prior to the submission of his Construction Schedule to the Construction Program Manager, obtain written approval of his Construction Schedule by the separate contractors. If Contractor is unable to obtain such written approval by the separate contractors after his best efforts to do so, or if a conflict occurs that cannot be resolved by mutual agreement between Contractor and any separate contractor, the Construction Program Manager shall make a determination of the schedule which shall be binding upon Contractor and the separate contractors. 13.2.10 Not Used. 13.2.11 Float time is not for the exclusive use or benefit of ether the Contractor or the Owner. The Contractors work shall proceed according to early start dates, and the Owner shall have the right to reserve and apportion float time according to the needs of the project. The Contractor acknowledges and agrees that actual delays, affecting paths of activities containing float time, will not have any affect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. 13.2.12 Owner will provide the services of the Construction Program Manager at no cost to the Contractor, for the basic drafting and computerization of Contractor's data for Contractor's initial Construction Schedule, in accordance with the requirements of this Contract, provided Contractor's data is submitted in a form or format acceptable to Construction Program Manager. For any additional services performed by Construction Program Manager for Contractor, the Contractor will pay the Owner for the cost of such services. 13.2.13 To carry out the intent of this Article 13, Contractor agrees that the orientation session, as described in Subparagraph 13.3.3, the provision of drafting and computerization services by Owner, through the Construction Program Manager, and the reasonable exercise of any rights under this Article 13 by the Construction Program Manager shall not be grounds for any claim by Contractor or any of his Subcontractors or Sub-subcontractors Attachment number 1 Page 105 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-92 of alleged interference, lack of cooperation, delay, disruption, negligence or hindrance by Owner or Construction Program Manager, and Contractor covenants not to sue therefor. 13.2.14 It is understood and agreed by the Contractor that the Construction Schedule is to represent Contractor's best plan and estimate for the Work; however, Contractor acknowledges that the Interim Project Construction Schedule and the Project Construction Schedule may have to be revised from time-to-time as progress proceeds. Contractor further acknowledges and agrees that the Owner and Construction Program Manager do not guarantee that: (1) Contractor can start work activities on the "early start" or "late start" dates or complete work activities on the "early finish" or "late finish" dates shown in the schedule, or as same may be updated or revised; (2) Contractor can proceed at all times in the sequence established by the Construction Schedule, or that Contractor can rely upon the utilization of only the resources and manpower he initially plans for the performance of the Work; (3) Contractor's Construction Schedule will not have to be modified in order to obtain the agreement of any separate contractors to the schedule; or (4) Contractor's Construction Schedule will not have to be modified or changed by direction of the Construction Program Manager as provided in this Article 13. Any changes, modifications or adjustments made by Contractor to the Construction Schedule shall be in full compliance with all requirements of the Contract Documents. If the Contractor's Interim Project Construction Schedule and the Project Construction Schedule indicates that the Owner or a separate Contractor is to perform an activity by a specific date, or within a certain duration, the Owner or any separate Contractor under contract with Owner shall not be bound to that date or duration unless the Owner H[SUHVVO\ DQG VSHFLILFDOO\ DJUHHV LQ ZULWLQJ WR VDPH WKH 2ZQHU¶V RYHUDOO UHYLHZ DQG approval or acceptance of the Interim Project Construction Schedule and the Project Construction Schedule does not constitute an agreement to specific dates, durations or sequences for activities of the Owner or any separate Contractor. 13.2.15 The Contractor acknowledges and agrees that his Construction Schedule must be flexible in order to accommodate and allow for his coordination with the operations of the Owner and the work of separate contractors relating to the Project. The Construction Program Manager will review the Contractor's Construction Schedule for compatibility with Owner operations and the work of separate contractors. Contractor agrees to hold meetings with the Owner and separate contractors to resolve any conflicts between Contractor's Construction Schedule and the operations of the Owner or work of separate contractors. Contractor agrees to fully cooperate with Owner and separate contractors to resolve such conflicts and to revise his Construction Schedule as reasonably required. 13.2.16 In order to maintain the orderly progress of the Work performed on the Project, the Construction Program Manager shall have the right to determine, in his sole discretion, the priority between the Work performed by Contractor and the work of any separate contractors or Owner's operations; this decision shall be final and binding upon Contractor and shall not be a cause for extra compensation or an extension of time, except where an extension of time is granted because of a delay for which Contractor is otherwise entitled to an extension under the Contract Documents. Provided, however, that this right shall not be exercised by the Construction Program Manager unless: (1) the determination is necessary, in the opinion of the Construction Program Manager, because of project conditions; and (2) Contractor and any separate contractors cannot otherwise agree upon such priority of schedule for their work. Provided, further, that nothing herein shall be construed as relieving the Contractor of his obligation to cooperate and coordinate with any separate contractors on the Project. 13.2.17 If Contractor's Construction Schedule indicates that Owner or a separate contractor is to complete an activity or perform certain preceding work by a particular date, or within a certain duration, Owner and Construction Program Manager, or any separate contractor shall not be bound to said date or duration unless Owner expressly and specifically Attachment number 1 Page 106 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-93 agrees in writing to same. The review and approval or acceptance by Owner, Construction Program Manager or Design Consultant of the Construction Schedule or any other schedule or plan of construction of Contractor, does not constitute an agreement by Owner, Construction Program Manager or Design Consultant of any start or finish date in the schedule or specific durations or sequences for activities of the Owner or any separate contractor; provided, however, that nothing herein shall be construed as modifying or changing, or excusing the performance of Contractor of required portions of the Work by the Specific Dates as set forth in the Contract Documents. 13.2.18 The Specific Dates set forth in the Contract Documents and defined in Subparagraph 1.1.44 hereof, represent only the major items of Work and may include interface dates with the operations of the Owner, the work of separate contractors or others. Specific Dates are Contract requirements and are of the essence to this Contract and to the coordination of the Work by Contractor. Specific Dates represent the latest allowable start or completion time for those portions of the Work to which each Specific Date relates. The Specific Dates are not intended to be a complete listing of all Work under this Contract or of all interfaces with work performed by other separate contractors, the Owner or others. Contractor shall determine the time requirements for all such interfaces and shall be responsible for planning, scheduling and coordinating the Work in order to complete in accordance with those requirements. 13.2.19 It is understood and agreed that should Construction Program Manager provide Contractor, at Contractor's request, with any services, advice or counsel relating to the scheduling or coordination of the Work or any other matter that: (1) Owner and Construction Program Manager shall not be liable to Contractor for any errors, omissions, negligence or deficiencies which may in any way occur because of same; (2) such services, advice or counsel are provided solely as aids in the development by Contractor of a representation of Contractor's actual construction plan and schedule in accordance with the requirements of the Contract Documents, and Owner and Construction Program Manager shall not be liable to Contractor should Contractor rely on such services, advice or counsel to his detriment; (3) such services, advice or counsel shall not relieve Contractor of any responsibility under Article 4 hereof for all construction means, methods, techniques, sequences and procedures and for planning, scheduling and coordinating all portions of the Work; and (4) any services provided by the Construction Program Manager or the lack or alleged untimeliness thereof will not in any way take the place of or relieve the Contractor of full responsibility for compliance with all requirements of the Contract Documents, including, but not limited to the obligation to complete the Work within the Specific Dates stated elsewhere in Contract Documents. 13.2.20 Approval or acceptance by the Owner or Construction Program Manager of the Contractor's Construction Schedule, or any revisions or updates thereto, is advisory only and shall not relieve the Contractor of the responsibility for accomplishing each portion of the Work within each and every applicable Specific Date. Omissions and errors in the approved or accepted Construction Schedule, or any revisions or updates shall not excuse performance which is not in compliance with the Contract. Approval by the Owner or Construction Program Manager in no way makes the Owner, Construction Program Manager or Design Consultant an insurer of the reliability, accuracy or feasibility of the Construction Schedule nor liable for time or cost overruns flowing from such omissions or errors. It is understood and agreed that Contractor cannot rely upon any informal or constructive acquiescence or approval of the Construction Schedule by Owner or Construction Program Manager; absent a specific agreement in writing, signed by the Owner, Contractor is on notice that no representative, agent or employee of Owner or Construction Program Manager or Design Consultant has any right or power to agree to any schedule commitment or obligation on the part of Owner or Construction Program Manager except as set forth expressly in the Contract Documents. Attachment number 1 Page 107 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-94 13.2.21 Should Contractor intend or plan to complete the Work, or any portion thereof, earlier than any applicable Specific Date or the Contract Time, Contractor shall give timely and reasonable Notice of this fact to Construction Program Manager. Owner shall have the sole discretion to agree to or reject such early completion plan by Contractor. Owner, Construction Program Manager and Design Consultant shall have no duty or obligation to agree to, or to cooperate with Contractor regarding any early completion plan or proposal by Contractor and shall not be liable for any damages of Contractor because of the rejection by Owner of said plan. 13.2.22 Unless otherwise specifically provided in the Contract Documents, Contractor acknowledges that Owner, Construction Program Manager and Design Consultant have contemplated in their planning and initial scheduling of the Project, and in their budgeting for professional services, that the Work will be performed on a 5-day work week basis, utilizing a single 8-hour shift per day. Owner and Construction Program Manager shall have the sole discretion of approving or rejecting a variance in the work week, number of shifts, or shift length. Unless otherwise agreed by Owner or the Construction Program Manager, Contractor shall bear the cost of, and pay the Owner, for additional staff and supervisory personnel, including but not limited to the services of Construction Program Manager and the Design Consultant, and inspectors of any public authority having jurisdiction of the Work, necessary to support any variance in the contemplated work week, number of shifts or shift length. 13.3 POST AWARD ACTIVITIES 13.3.1 Upon receipt by Contractor of the Notice to Proceed, and until the Construction Schedule is approved by Construction Program Manager, Contractor shall proceed with his Work in accordance with the Provisional Preliminary Network of Contractor which was included as part of the Contractor's bid. 13.3.2 Immediately after Notice to Proceed, the Contractor shall begin the preparation of his Interim Project Construction Schedule and the Project Construction Schedule. The Contractor shall assemble, with the assistance of his Subcontractors and Suppliers, information regarding the project that includes but is not limited to: 13.3.2.1 A detailed Interim Project Construction Schedule or Project Construction Schedule that represents the Contractor's best judgment of how he shall prosecute and complete the work in compliance with the Contract Milestone Dates and any Specific Dates stipulated in the Contract. The level of detail required in the Contractor's schedule should generally be a function of the complexity of the work 13.3.2.2 The identity and duration of all activities to be included in this Interim Project Construction Schedule and the Project Construction Schedule. Activities shall meet the following criteria: 13.3.2.2.1 Activity descriptions shall be clear and concise. The beginning and end to each activity shall be readily verifiable. 13.3.2.2.2 Responsibility for each activity shall be identified with a single performing organization. 13.3.2.2.3 Resource requirements (labor by craft, commodity type, equipment, services, etc.) shall be required for each activity, as applicable. 13.3.2.2.4 The cost component for each activity shall be provided. The sum of all of cost components, of all of the activities, shall equal the contract price. Attachment number 1 Page 108 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-95 13.3.2.2.5 The level of detail of the Network shall be such that no activity shall have a duration longer than fourteen (14) calendar days, except for procurement and General Conditions Activities or except at the discretion of the Owner. 13.3.2.2.6 Activity relationships shall be designated as Finish-to-Start only. 13.3.2.2.7 Identify phasing and location of activities as required. 13.3.2.3 The identity of long lead items and delivery dates of all major pieces of equipment or materials. 13.3.2.4 The identity of any potential problems or constraints related to the implementation of the Interim Project Construction Schedule and/or the Project Construction Schedule. 13.3.2.5 The Owner will be available, during normal working hours, to consult with the Contractor if questions arise while the Contractor assembles the information required for the Interim Project Construction Schedule and/or the Project Construction Schedule. 13.3.3 Orientation Session: Contractor shall, upon notification from the Construction Program Manager, attend an orientation session relating to the Schedules and Reports requirements for this Project. This orientation meeting is designed to assist the Contractor in planning his Work and in developing his Construction Schedule. This session will normally be held within three (3) days after the date of the Notice to Proceed or the Notice of Award of Contract by Owner (whichever occurs first) and will be conducted by the Construction Program Manager. Contractor shall arrange for his project manager and superintendent(s), major Subcontractors and Suppliers, and any scheduling consultants that he may employ, to attend the orientation session. 13.3.3.1 Among other things, the Construction Program Manager will review: the objectives of the Schedules and Reports requirements; the procedures and requirements for the preparation of the Construction Schedule by Contractor; how the requirements of the Contract Documents will be monitored and enforced by the Construction Program Manager; long-lead items and time requirements for Work by Subcontractors will be identified. It is understood and agreed that the Construction Program Manager has no authority to waive any requirements of the Contract Documents at this orientation meeting, and all requirements of the Contract Documents remain applicable to Contractor's Work whether or not discussed at this session. 13.3.3.2 Should Contractor or his principal Subcontractors and Suppliers fail or refuse to attend this orientation session, Owner shall have the right to terminate Contractor for default pursuant to the provisions of Article 14. 13.3.4 The Contractor shall, within fourteen (14) calendar days following receipt of the Notice to Proceed, submit to the Owner an Interim Project Construction Schedule, in Critical Path Method format (or CPM), for his construction/erection scope of work for the first 90-days of the Project, compatible in Primavera P3 format. The Owner will review the Contractor's Interim Project Construction Schedule to determine if it is consistent with the Contract Documents.. The Contractor shall, within sixty (60) calendar days following the receipt of the Notice-to-Proceed, submit to the Owner the Project Construction Schedule in the same format indicated above. The Owner will review the Contractor's Project Construction Schedule to determine if it meets the specific requirements of the required Date of Substantial Completion. The form of submittal for the Interim Project Construction Schedule and the Project Construction Schedule including logic diagrams is as follows: 13.3.4.1 The Contractor shall submit to the Owner a computer disk in Primavera P3 or compatible format of his proposed contract activities. The Interim Project Construction Schedule and Attachment number 1 Page 109 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-96 the Project Construction Schedule shall consist of a network diagram with activity GHVFULSWLRQVDQGGXUDWLRQVDQGVXSSRUWLQJGDWDWKDWZLOOH[SODLQWKH&RQWUDFWRU¶VSODQQLQJ of the work and provide cost allocation and resource estimates for each activity. 13.3.4.2 The network diagram shall show: 13.3.4.2.1 The order and interdependencies of the Contractors activities and the major points of interface or interrelation with the activities of others, including Specific Dates for completion. 13.3.4.2.2 Conformance with and identification of the specified mandatory Milestone dates, if any, specified in the Contract Documents. 13.3.4.2.3 The description and quantity of work by activity. 13.3.4.2.4 For all equipment and materials fabricated or supplied for this Project, the network shall show a sequence of activities including: 13.3.4.2.4.1 Procurement 13.3.4.2.4.2 Engineering and Preparation of Submittals 13.3.4.2.4.3 Approval of Submittals 13.3.4.2.4.4 Fabrication/Manufacturing 13.3.4.2.4.5 Delivery 13.3.4.2.4.6 Erection/installation 13.3.4.2.5 Delivery of Owner-furnished material and equipment. 13.3.4.2.6 Critical Path (or Paths). 13.3.4.2.7 Training of Owner personnel on Equipment 13.3.4.2.8 Testing and Commissioning of equipment and materials. 13.3.4.2.9 A complete detailed sequence of operations of the work within the time limits specified in the contract. 13.3.5 The Interim Project Construction Schedule and the Project Construction Schedule shall indicate an early completion date for the project that is no later than the project's required completion date. All activity duration's shall be given in calendar days. The Interim Project Construction Schedule and the Project Construction Schedule shall also indicate each of the following: 13.3.5.1 Interfaces with the work of outside Contractors and Consultants, e.g., Commissioning Authority. utilities, power, and with any separate Contractor. 13.3.5.2 Detailed description of the activity along with the coding and phasing, if applicable. 13.3.5.3 Estimated duration time for each activity. 13.3.5.4 Early start date for each activity. Attachment number 1 Page 110 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-97 13.3.5.5 Late start date for each activity. 13.3.5.6 Early finish date for each activity. 13.3.5.7 Late finish date for each activity. 13.3.5.8 Float available for each path of activities containing float. 13.3.5.9 Identification of all critical path activities in the mathematical analysis. 13.3.5.10 The critical path for the project, with said path of activities being clearly and easily recognizable on the time-scaled network diagram. 13.3.5.11 The relationship between all non-critical activities and activities on the critical path shall be clearly shown on the network diagram. 13.3.5.12 The dollar value of each activity. 13.3.5.13 The responsibility code for the Contractor or Subcontractor performing each activity or portion thereof. 13.3.5.14 For each activity, the identification of all predecessor and successor activities. 13.3.5.15 For each activity, the number of man-hours required to compete each activity. 13.4 REVIEW OF INTERIM CONSTRUCTION PROJECT SCHEDULE AND THE CONSTRUCTION SCHEDULE 13.4.1 The Owner will review the Contractor's Interim Construction Project Schedule and the Construction Project Schedule, including logic diagrams and computer-generated mathematical analysis, for compatibility with the Contract Documents. If required, a meeting will be held between the Owner and Contractor to resolve any conflicts between WKH&RQWUDFWRU¶V,QWHULP3URMHFW&RQVWUXFWLRQ6FKHGXOHDQGRUWKH3URMHFW&RQVWUXFWLRQ Schedule and the Contract Documents. The Contractor shall revise his schedule as required by the Owner to support the Contract Documents and shall submit his revised schedule to the Owner within fourteen (14) days. 13.4.2 Within fourteen (14) calendar days following acceptance of the Interim Project Construction Schedule or the Project Construction Schedule, the Contractor will provide two (2) copies of the Contractor's Interim Project Construction Schedule or the Project Construction Schedule and a computer listing of all network activities, and an electronic file copy on a disk (3-´IORSS\]LS-disk, or CD) to the Owner. The Owner shall review the Interim Project Construction Schedule or the Project Construction Schedule, and after the Owner agrees that it conforms to the Contract Documents, the Contractor's Interim Project Construction Schedule or the Project Construction Schedule will be used to monitor progress of the work and support requests for payment. 13.5 DRAFT OF CONSTRUCTION SCHEDULE 13.5.1 Within fifteen (15) days of the orientation session, (even though Contractor may not have completed Subcontractor negotiations and executed subcontracts) the Contractor, in consultation with the Construction Program Manager, shall complete a draft of his time-scaled network graphic. 13.5.1.1 Except for procurement requirements, Contractor shall differentiate activities of the schedule so that no single activity shown has a duration longer than fourteen (14) Attachment number 1 Page 111 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-98 calendar days, unless the Construction Program Manager, in his sole discretion, shall approve a longer duration for certain activities. 13.5.1.2 The Construction Schedule shall represent the Contractor's best judgment and intended plan for completion of the Work in compliance with Specific Dates listed in the Contract Documents and the Contract Time. The Construction Schedule shall take into account all foreseeable activities to be accomplished by any separate contractors, and interface dates with utility owners, the Owner's operations and others. The Construction Schedule shall anticipate all necessary manpower and resources to accomplish the activities within the durations set forth in the Construction's Schedule. 13.5.2 Construction Program Manager shall have the right to require the Contractor to modify any Contractor data or any portion of the Contractor's Construction Schedule or Recovery Schedule, as herein required, with Contractor bearing the expense thereof, which the Construction Program Manager reasonably determines to be: (1) impracticable; (2) based upon erroneous calculations or estimates; (3) unreasonable; (4) not in compliance with Paragraph 4.11 of the General Conditions; (5) required in order to ensure proper coordination by Contractor of the Work of his Subcontractors and with the work or services being provided by any separate contractors; (6) necessary to avoid undue interference with the Owner's operations or those of any utility owners or adjoining property owners; (7) necessary to ensure completion of the Work by the Specific Dates set forth in the Contract Documents; (8) required in order for Contractor to comply with the requirements of Paragraph 4.12 hereof or any other requirements of the Contract Documents or (9) not in accordance with the Contractor's actual operations. 13.5.3 The Construction Program Manager will be available during normal working hours to consult with the Contractor should questions arise while the Contractor assembles the information required for the Construction Schedule. The reasonable costs for the Construction Program Manager's time for this consultation will be paid for by the Owner. 13.6 CONSTRUCTION SCHEDULE 13.6.1 The Owner will develop and maintain the Master Project Schedule, of which the Contractor's Interim Project Construction Schedule or the Project Construction Schedule will be made a part. This Master Project Schedule will be in precedence format and will EHFRPSXWHUJHQHUDWHGDQGXSGDWHGDQGZLWKWKHLQFOXVLRQRIWKH&RQWUDFWRU¶VDSSURYHG Interim Project Construction Schedule or the Project Construction Schedule will be the controlling schedule document utilized for managing overall project progress. 13.6.2 Within fourteen (14) days after receipt of the Construction Schedule draft, based on the data submitted by the Contractor, the Construction Program Manager will provide the Contractor with a draft of time-scaled graphic network of activities and computer listing of all activities included in the Construction Schedule. The graphic representation and computer printouts shall be carefully reviewed by the Contractor. Any additions and/or deletions to these documents that are desired by the Contractor are to be brought to the attention of the Construction Program Manager within five (5) days. The Construction Program Manager shall, if consistent with the requirements of the Contract Documents, incorporate the Contractor's revisions and shall deliver the completed Construction Schedule and computer reports to the Contractor within seven (7) days. 13.6.3 Contractor shall submit, as a part of the data submitted to the Construction Program Manager, a narrative report indicating anticipated allocation by Contractor of the following resources and work shifts for each activity which he proposes to be utilized on the Project: (1) labor resources; (2) equipment resources; (3) whether he proposes the Work to be performed on single, double or triple shifts, and whether it is to be done on a 4-, 5-, 6- or 7-day work week basis; (4) construction logic and a summary of the sequence of the Attachment number 1 Page 112 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-99 work; and (5) an explanation of the coding and/or phasing used. Contractor agrees to pay costs required by Subparagraph 13.2.22 if Owner specifically agrees to proceed with Contractor's proposed plan. 13.6.4 Approval by the Owner of the Contractors Interim Project Construction Schedule or the Project Construction Schedule is advisory only and shall not relieve the Contractor of the responsibility for accomplishing the Work within each and every Contract-required Milestone and Completion date. Omissions and errors in the approved Interim Project Construction Schedule or the Project Construction Schedule shall not excuse performance that is not in compliance with the contract. Approval by the Owner in no way makes them an insurer of the Interim Project Construction ScheGXOH¶VRUWKH3URMHFW&RQVWUXFWLRQ 6FKHGXOH¶V VXFFHVV QRU VKDOO LW PDNH WKH 2ZQHU OLDEOH IRU WLPH RU FRVW overruns from its shortcomings. The Owner hereby disclaims any obligation or liability by reason of Owner approval of or acquiescence to the Interim Project Construction Schedule or the Project Construction Schedule. 13.6.5 The Contractor shall include in the Project Construction Schedule all procurement related activities that lead to the delivery of materials to the site in a timely manner. Upon written approval by the Owner, these activities may be submitted as a separate Off-Site Activities Schedule, properly correlated to the Project Construction Schedule. The schedule of off- site activities shall include, but is not limited to, the following: 13.6.5.1 Dates for submittals, ordering, manufacturing, or fabricating, and delivery of equipment and materials. Long lead items requiring more than one month between ordering and delivery to site shall be clearly noted. 13.6.5.2 All significant activities to be performed by the Contractor during the fabrication and HUHFWLRQLQVWDOODWLRQLQD&RQWUDFWRU¶VSODQWRURQDMREVLWHLQFOXGLQJPDWHULDOVHTXLSPHQW purchasing. 13.6.5.3 7KH&RQWUDFWRU¶VGUDZLQJVDQGVXEPLWWDOVWREHSUHSDUHGDQGVXEPLWWHGWRWKe Owner. 13.6.6 The Contractor shall be solely responsible for expediting the delivery of all material they intend to furnish, so that the construction progress shall be maintained according to the current schedule for the Work as approved by the Owner. 13.6.7 The Contractor shall advise the Owner, in writing, whenever they anticipate that the delivery date of any material and/or equipment furnished by the Contractor for installation will be later than the delivery date shown on the schedule, subject to schedule updates. 13.6.8 Submittals, equipment orders and similar items are to be treated as schedule activities, and shall be given appropriate activity numbers. 13.6.9 The Contractor, in developing his Off-Site and procurement schedules, will confirm and verify that the off-site activities do not control the Critical path of on-site activities. 13.7 CONSTRUCTION SCHEDULE CONTENT 13.7.1 The Construction Schedule shall consist of a time-scaled, detailed network graphic representation of all activities which are part of the Contractor's construction plan and an accompanying computerized mathematical analysis of these activities. The graphic network shall include, but not be limited to, the following information: (1) Project name; (2) activities of completed Work ready for use by next trade, Owner, etc; (3) activities relating to different areas of responsibility, such as subcontracted Work which is distinctly separate from that being done by the Contractor directly; (4) different categories of Work as distinguished by craft or crew requirements; (5) different categories of Work Attachment number 1 Page 113 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-100 as distinguished by equipment requirements; (6) different categories of Work as distinguished by materials; (7) distinct and identifiable subdivisions of Work such as structural slabs, beams, columns; (8) locations of Work within the Project that necessitates different times or crews to perform; (9) outage schedules for existing utility services that will be interrupted during the performance of the Work; (10) acquisition and installation of equipment and materials supplies and/or installed by the Owner or separate contractors; (11) material to be stored on site; and (12) Specific Dates. 13.7.2 For all major equipment and materials to be fabricated or supplied for the Project, the Construction Schedule shall show a sequence of activities including: (1) preparation of shop drawings and sample submissions; (2) a reasonable time for review of shop drawings and samples or such time as specified in the Contract Documents; (3) shop fabrication, delivery, and storage; (4) erection or installation; and (5) testing of equipment and materials. 13.7.3 The Construction Schedule shall include late completion dates for the Work that are no later than the required Specific Dates. The time-scaled graphic network shall be drawn based upon the early start dates of activities shown on the graphic. 13.7.4 All activity durations shall be given in calendar days. 13.8 CONTRACTOR APPROVAL AND CERTIFICATION 13.8.1 Approval by Contractor of the drafting and computerization of the Construction Schedule and of schedule revisions, shall be signified by the Contractor by execution of the following certification for each separate Construction Schedule or schedule revision. If Contractor submits a Construction Schedule or schedule revision without the execution of a document containing the following certification, Contractor nevertheless agrees that the certification is binding upon Contractor for each separate Construction Schedule or schedule revision proposed by Contractor: "The undersigned Contractor hereby certifies that the proposed schedule revision to the Construction Schedule which is comprised of the graphic network of activities displayed on the sheets dated ____________ and of the computerized mathematical reports dated ___________ is Contractor's schedule revision to the Construction Schedule as required by the Contract Documents; and that said schedule revision is a true and accurate representation of his plan to complete the Work, including all Change Orders that are in the Contractor's possession as of the foregoing date, and fully complies with the requirements of the Contract Documents, including, but not limited to Article 13 and Paragraph 4.11 of the General Conditions. The Contractor further certifies that he will prosecute the Work in accordance with this schedule revision, subject to any change therein which is implemented in accordance with the Contract Documents; the undersigned acknowledges that this schedule revision shall be the instrument by which progress of the Work shall be monitored, and together with the dollar value assigned to each activity, shall be the basis of monthly payments in accordance with the Contract Documents; and the undersigned certifies that he has met and coordinated with and obtained the approval of said Schedule revision by all separate contractors that are affected thereby and has complied with all other requirements of the Contract Documents relating to coordination of said Schedule with separate contractors; the undersigned further acknowledges that Owner and the Construction Program Manager are under no obligation to accept or approve Contractor's proposed schedule revision unless same is in complete accordance with the Contract Documents." 13.9 UPDATING OF CONSTRUCTION SCHEDULE/ PROGRESS REPORTS Attachment number 1 Page 114 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-101 13.9.1 Every month the Contractor will provide a Preliminary Computer Generated Update Report for the Owner and Contractor to use to determine the percent complete and remaining duration of all activities. The data approved in this report shall be used, by the Contractor, to update the Project Construction Schedule. This report shall be submitted a minimum of seven (7) calendar days prior to the date of submission of the application for payments. The Contractor's Project Manager and/or Superintendent, and the Owner VKDOOPHHWDWWKHMREVLWHIRUWKHSXUSRVHRIUHYLHZLQJWKH&RQWUDFWRU¶VUHSRUWRIDFWXDO progress, and obtaining from the Contractor (following his meeting with all concerned Subcontractors and suppliers) up-to-date and accurate progress data. 13.9.2 Every month the Contractor will provide Final Computer Generated Updated Cost and Schedule Reports based on the Preliminary Computer Generated Update Report. These Computer Reports will reflect the progress of the Project in respect to both cost and time. The Owner will use these Final Reports as the basis for determining the progress payments to the Contractor. 13.9.3 On or about the dates specified in the Contract Documents, Contractor shall arrange for his project manager and Superintendent to meet at Project site with the Construction Program Manager to review Contractor's report of actual progress, prepared by Contractor; said report shall set forth up-to-date and accurate progress data and shall be based upon Contractor's best judgment; and said report shall be prepared by Contractor in consultation with all principal Subcontractors and Suppliers as required by Subparagraph 13.2.7. 13.9.4 The progress report of Contractor shall show the activities, or portions of activities, completed during the reporting period, the actual start and finish dates for these activities, remaining durations and/or estimated completion dates for activities currently in progress. 13.9.5 The Construction Program Manager will produce a computerized update work sheet for the Contractor to complete as a part of this process. 13.9.6 Contractor shall submit a narrative report with the updated progress analysis which shall include, but not be limited to, a description of problem areas, current and anticipated delaying factors and their impact, explanations of corrective actions taken or planned, any newly planned activities or changes in sequence, and proposed logic for a Recovery Schedule, if required, as further described herein. The report shall also include: (1) a narrative describing actual Work accomplished during the reporting period; (2) a list of major construction equipment used on the Project during the reporting period and any construction equipment idle during the reporting period; (3) the total number of men by craft actually engaged in the Work during the reporting period, with such total stated separately as to office, supervisory, and field personnel; (4) a manpower and equipment forecast for the succeeding thirty (30) days, stating the total number of men by craft, and separately stating such total as to office, supervisory and field personnel; (5) a list of Contractor-supplied materials and equipment, indicating current availability and anticipated jobsite delivery dates; and (6) changes or additions to Contractor's supervisory personnel since the preceding progress report. 13.9.7 The Construction Program Manager will provide initial computer reports and Final Monthly Update Reports thereafter, in accordance with the following minimum information for each activity sorted by activity number, by remaining float (from the least to the most), and by late start date, in chronological order: 13.9.7.1 Schedule Reports: Initial and subsequent Schedule Reports will contain the following minimum information for each activity: (1) activity number, activity codes, description and estimated duration in days; (2) early and late start dates (or Actual if in Progress or Completed); (3) early and late finish dates (or Actual if in Progress or Completed); (3) Attachment number 1 Page 115 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-102 percentage of each activity completed as of the previous report (Proposed Current % of Activity Completed); (4) remaining duration as of Previous Report; (5) proposed current remaining duration; (6) remaining float/days behind schedule; and (7) responsibility for activity. 13.9.7.1.1 Actual start and finish dates shall be indicated for each activity, as appropriate. Dummies and completed activities will be omitted from remaining Float and Late Start Sorts. 13.9.7.2 Cost Reports: Initial and subsequent Cost Reports will include the following information for each activity, sorted by trade activity: (1) activity number, code, and description; (2) percentage of value of Work in place against total value; (3) total cost of each activity; (4) value of Work in place since last report; (5) value of Work in place to date; (6) value of uncompleted Work since last report; and (7) value of uncompleted work. The information provided in this report will be used to support the pay application submitted by the Contractor. 13.9.7.2.1 As part of the updating process, the Construction Program Manager's computer will calculate, based upon progress data provided by Contractor and agreed to by the Construction Program Manager, the value of Work done for each activity based on percentage complete for each activity less that amount previously paid for past percentages completed. Summation of all values of each activity less the appropriate percent of retainage shall be the amount payable to the Contractor, provided that Contractor has complied with all requirements of the Contract Documents. 13.9.8 All updated Preliminary and Final Monthly Reports will be distributed to the Owner as follows: (1) 1- Paper Copy; and (2) 1- Electronic Copy (3-´Iloppy, zip-disk, or CD) 13.9.9 The Contractor shall also submit a narrative report with the Preliminary and Final Monthly Reports which shall Include, but not be limited to, a description of problem areas, current and anticipated delaying factors and their impact, an explanation of corrective action taken, any newly planned activities, and any proposed logic revisions for a Recovery Schedule (pursuant to 2.02 of this section). The narrative report shall also include: 13.9.9.1 A description of the actual work accomplished during the reporting period 13.9.9.2 A list of major equipment delivered and/or installed during the reporting period. 13.9.9.3 A list of the total number of workers and hours spent by craft actually engaged in the work during the reporting period, with such total stated separately as to office, supervisory, and craft personnel. 13.9.9.4 A list of major equipment remaining to be delivered to the Project Site including the current availability and anticipated jobsite delivery date. 13.9.9.5 Changes or additions to Contractor's supervisory personnel since the preceding progress report. 13.9.10 In addition to the above, the Contractor may be required to submit from time to time the following reports: 13.9.10.1 Critical Items Report: The Contractor shall submit periodically to the Owner a Critical Items Report identifying items by cause and impact that are, or will, seriously affect the Contractor's progress or ability to perform work in accordance with the current Contractor Construction Schedule. Attachment number 1 Page 116 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-103 13.9.10.2 Such reports shall be furnished in sufficient detail to define the cause and potential impact of any actual or anticipated changes in material or equipment deliveries (Contractor or owner-furnished manpower, availability, weather conditions, or other items critical to maintaining the schedule. 13.9.11 Application for Payment: Contractor's monthly Application for Payment will be included with each Cost Report. Except as provided in Subparagraph 13.11.1, Contractor understands and agrees that the submission and approval of progress updates and the receipt of progress reports are an integral part and basic element of the Applications for Payment; and that Contractor will not be entitled to any progress payment under this Contract unless Contractor has fully complied with the requirements of this Article 13 and Article 9 hereof. 13.9.12 Contractor shall be solely responsible for expediting the delivery of all materials and equipment to be furnished by him so that the progress of construction shall be maintained according to the currently approved Construction Schedule for the Work. Contractor shall notify the Construction Program Manager in writing, and in a timely and reasonable manner, whenever Contractor determines or anticipates that the delivery date of any material or equipment to be furnished by Contractor will be later than the delivery date indicated by the Construction Schedule, or required consistent with the completion requirements of this Contract, subject to schedule updates as herein provided. 13.9.13 Contractor shall ensure that the critical path runs through on-site activities and that off-site activities do not control the critical path of the Construction Schedule. 13.10 INITIAL PROGRESS PAYMENT 13.10.1 The completed Construction Schedule will be required for each Application for Payment. However, one initial provisional progress payment may be payable in the sole discretion of the Construction Program Manager if he determines the Contractor is complying with this Article 13 during the development of the Construction Schedule as required herein. However, no more than one Application for Payment will be approved until all of the requirements of this Article 13 have been met. 13.11 NETWORK REVISIONS 13.11.1 Should the Contractor, after approval of the Initial Project Construction Schedule, desire to change his plan of Construction, he shall submit his requested revisions to the Owner along with a written statement of the revisions including a description of the logic for rescheduling the work, methods of maintaining adherence to intermediate milestones and Specific Dates and the reasons for the revisions. The Contractor shall revise his Project Construction Schedule to include the effect of Changes, acts of God or other conditions or events that have affected the network. If the requested changes are acceptable to the Owner, the Contractor will incorporate them into the Project Construction Schedule,, in the next reporting period. 13.11.2 When the Owner orders changes by Change Order which have the potential to impact the Milestone Dates as set forth in the General and Supplemental Conditions, or as determined elsewhere in the contract documents, the Contractor shall prepare a Network (fragnet) and provide it to the Owner for concurrence or revision as the Owner deems necessary. After the network has been mutually agreed upon, the Contractor will incorporate it into the Project Construction Schedule. Change Order logic will affect only those activities and performance dates directly concerned. Adjustments in scheduled intermediate Completion Dates or for the Contract as a whole, will be considered only to the extent that there is insufficient remaining float to absorb these changes. Attachment number 1 Page 117 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-104 13.11.3 Any change to the approved Project Construction Schedule must be approved in writing by the Owner. 13.11.4 Neither the updating or revision of the Project Construction Schedule nor the submission, updating, change or revision of any report or schedule submitted to the Owner by the Contractor under this Section nor the Owner's review or concurrence of any such report or schedule shall have the effect of amending or modifying, in any way, the Contract Time, any Contract Completion Date, or Contract Milestone Dates or of modifying or limiting in any way the Contractors obligations under this Contract. 13.12 RECOVERY SCHEDULE 13.12.1 Should the updated Construction Schedule, at any time during Contractor's performance, show, in the sole opinion of the Construction Program Manager that the Contractor is fourteen (14) or more days behind schedule for any Specific Date, or in the opinion of the Owner are in jeopardy, or should Contractor be required to undertake actions under Paragraph 4.12 hereof, the Contractor shall prepare and submit to the Owner a supplementary Recovery Schedule at no additional cost to the Owner (unless the Owner is solely responsible for the event or occurrence which has caused the schedule slippage), in a form and detail appropriate to the need, explaining and displaying how Contractor intends to reschedule his Work in order to regain compliance with the Project Construction Schedule during the immediate subsequent pay period. 13.12.2 The Contractor and Owner shall do the following after determination of the requirement of a Recovery Schedule: 13.12.2.1 Within three (3) calendar days, the Contractor shall meet with the Owner to present and review a draft version of the Recovery Schedule. The Recovery Schedule shall represent the Contractors best judgment as to how he shall reorganize his work so that he may return to the completion dates indicated in the Project Construction Schedule within the immediate subsequent pay period. 13.12.2.2 If the Contractor believes that all of the time can be recovered during the subsequent pay period the Contractor will be permitted to prepare a Recovery Schedule as set forth below. However, if the Contractor believes it will take more than thirty (30) days to recover all of the lost time, he shall prepare and submit a request for revision to the Construction Schedule and comply with all of the requirements of a Schedule Revision as set forth in this Article 13. 13.12.2.3 The Contractor shall prepare and submit to the Construction Program Manager a one-month maximum duration Recovery Schedule, incorporating best available information from Subcontractors and others which will permit return to Construction Schedule at the earliest possible time. The Contractor shall prepare a Recovery Schedule to same level of detail as the Construction Schedule for a maximum duration of one month that shall coincide with the pay period. This Recovery Schedule shall be prepared in coordination with other separate contractors on the Project. 13.12.2.4 Within two (2) days after submission of Recovery Schedule to the Construction Program Manager, the Contractor shall participate in a conference with the Construction Program Manager to review and evaluate the Recovery Schedule. Within two (2) days of conference, the Contractor shall submit the revisions necessitated by the review for the Construction Program Manager's review and approval. The Contractor shall use the approved Recovery Schedule in planning, organizing, directing, coordinating, performing and executing the Work (including all activities of Subcontractors, equipment vendors and suppliers) for its one (1) month duration, to return to the Project Construction Schedule. Attachment number 1 Page 118 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-105 13.12.2.5 Contractor shall confer continuously with the Construction Program Manager to assess the effectiveness of the Recovery Schedule and five (5)-calendar days prior to the expiration of the Recovery Schedule, the Owner and the Contractor will meet at the job site for the normal monthly update and to determine the effectiveness of the Recovery Schedule and to determine whether the Contractor has regained compliance with the Project Construction Schedule. As a result of this conference and at the direction of the Owner and the Construction Program Manager, one of the following will happen: .1 If the Owner and Construction Program Manager determines the Contractor is still behind schedule, the Construction Program Manager will direct the Contractor (at the Contractors expense) to prepare a Schedule Revision and comply with all of the requirements of a Schedule Revision as stated herein and the other requirements of the Contract Documents; provided, however, that nothing herein shall limit in any way the rights and remedies of the Owner and Construction Program Manager as provided elsewhere in the Contract Documents; or .2 If the Construction Program Manager determines the Contractor has successfully complied with provisions of the Recovery Schedule, the Construction Program Manager will direct the Contractor to return to the use of the approved Construction Schedule. 13.13 SCHEDULE REVISIONS 13.13.1 Should Contractor desire to or be otherwise required under the Contract Documents to make modifications or changes in his method of operation, his sequence of Work or the durations of the activities in his Construction Schedule, he shall do so in accordance with the requirements of this Article 13 and the Contract Documents. Revisions to the approved Construction Schedule must be approved in writing by the Construction Program Manager. 13.13.2 Contractor shall submit requests for revisions to the Construction Schedule to the Construction Program Manager, together with written rationale for revisions and description of logic for rescheduling work and maintaining the Specific Dates listed in the Contract Documents. Proposed revisions acceptable to the Construction Program Manager and Owner will be incorporated into next update of Construction Schedule. Contractor shall pay the Owner for costs incurred by the Construction Program Manager for the revisions. 13.13.3 If there are separate contractors on the Project, prior to the submission by the Contractor of his proposed schedule revisions, he shall meet with and gain written approval of the separate contractors to make the revisions which shall be evidenced by the signatures of said separate contractors on the proposed schedule revisions. If accepted by the Construction Program Manager and Owner the revisions shall be binding upon Contractor and all separate contractors on the Project. 13.13.4 In submitting any proposed schedule revisions to the Construction Program Manager, Contractor shall submit therewith the following certification: 13.14 FLOAT TIME 13.14.1 Float or slack time associated with one chain of activities is defined as amount of time between earliest start date and latest start date or between earliest finish date and latest finish date for such activities, as calculated as part of the Construction Schedule. Float or slack time shown on the Construction Schedule is not for exclusive use or benefit of either the Owner or the Contractor and is available for use by either of them according Attachment number 1 Page 119 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-106 to whichever first needs the use or benefit of the float to facilitate the effective use of available resources and to minimize the impact of Project problems, delays or Changes in the Work which may arise during performance. Contractor specifically agrees that float time may be used by the Owner or Construction Program Manager in conjunction with their review activities or to resolve Project problems. Contractor agrees that there will be no basis for any modification of the Specific Dates or an extension of the Contract Time, or a claim for additional compensation as a result of any Project problem, Change Order or delay which only results in the loss of available positive float on the Construction Schedule. 13.14.2 Float time shown on the Construction Schedule shall not be used arbitrarily by Contractor in a manner which, in the opinion of the Construction Program Manager, unnecessarily delays separate contractors from proceeding with their work in a way which is detrimental to the interests of the Owner. If Contractor refuses to perform Work which is available and necessary to be performed in order to not delay any separate contractors, the Owner may, regardless of the float shown on the Construction Schedule to be available for the path of activities which encompasses said Work, terminate the Contractor for default pursuant to Paragraph 14.3 hereof. 13.15 REQUESTED TIME ADJUSTMENT SCHEDULE 13.15.1 The Updated Project Construction Schedule submitted by Contractor shall not show a completion date later than the Contract Time, subject to any time extensions approved by Owner; provided, however, that if the Contractor believes he is entitled to an extension of the Contract Time under the Contract Documents, the Contractor shall submit to the Owner, with each progress payment update, a separate schedule analysis (entitled ³5HTXHVWHG 7LPH $GMXVWPHQW 6FKHGXOH  LQGLFDWLQJ VXJJHVWHG DGMXVWPHQWV LQ WKH Contract Time which should, in the opinion of Contractor, be made In accordance with the contract Documents by time extension, due to changes, delays or conditions occurring during the past month or previously, or which are expected or contemplated by Contractor (whether such conditions are excusable under the Contract or are alleged to be due to Contractor or Owner fault), this separate schedule, if submitted, shall be time- scaled utilizing a computer generated and computer drawn network analysis schedule, unless otherwise approved by the Owner and shall be accompanied or preceded by a formal time extension request as required by the Contract and a detailed narrative justifying the time extension requested. The network analysis should include all of the related activities that have led the Contractor to believe that they have been delayed. The Requested Time Adjustment Schedule should indicate where the delay began and ended, and where activities could not start because of the delay. If a delay occurred, but the schedule indicates that the predecessor activity could not have begun due to some other delay, then this would not be a cause for requesting a time extension for that particular instance. If a delay occurred, and some of the successor work was able to start, then this would be considered a partial delay, which may or may not be a cause for a time extension. 13.15.2 The time extension request shall include schedule forecasts that predict the actual Project Completion Date, and any separable portions thereof specified by the Owner plus a forecast of the actual achievement of any milestones listed in the Contract Agreement. 13.15.3 To the extent any time extension requests are pending at the time of any update in the &RQVWUXFWLRQ 6FKHGXOH WKH ³5HTXHVWHG 7LPH $GMXVWPHQW 6Fhedule" shall also be updated each month, to reflect any adjustments made by Contractor in the logic, sequence or duration of any activities In the Instruction Schedule, or any time extensions previously granted by Owner, and to reflect actual or expected progress, in order that the Attachment number 1 Page 120 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-107 ³5HTXHVWHG 7LPH $GMXVWPHQW 6FKHGXOH´ VKDOO FOHDUO\ DQG DFFXUDWHO\ UHIOHFW WKH&RQWUDFWRU¶VDFWXDOLQWHQWLRQDQGSURSRVHGWLPHDGMXVWPHQWVDVRIWKHODWHVWXSGDWH 13.15.4 The Owner shall have no obligation to consider any time extension request unless the requirements of the Contract Documents, and specifically, but not limited to these requirements, are complied with; and the Owner shall not be responsible or liable to Contractor for any constructive acceleration due to failure of the Owner to grant time extensions under the Contract Documents should the Contractor fail to substantially comply with the submission requirements and the justification requirements of this &RQWUDFWIRUWLPHH[WHQVLRQUHTXHVWV7KH&RQWUDFWRU¶VIDLOXre to perform in accordance with the Project Construction Schedule shall not be excused, nor be chargeable to the 2ZQHUEHFDXVHWKH&RQWUDFWRUKDVVXEPLWWHGWLPHH[WHQVLRQUHTXHVWVRUWKH³5HTXHVWHG 7LPH$GMXVWPHQW6FKHGXOH´ 13.16 COORDINATION 13.16.1 Not Used 13.16.2 Not Used. 13.16.3 The failure of the Owner-furnished equipment and materials to arrive as scheduled, or the failure of other Construction Contractors to meet their schedule, shall not be justification for an extension of time, except where such failure causes, in the opinion of the Owner, an unreasonable delay In the Contractors work, in which case the provisions of the General Conditions regarding extensions of time and extra work shall apply. 13.16.4 The Contractor shall keep himself, and his Subcontractors, advised at all times during the course of the work regarding the delivery status of the Owner-furnished equipment and materials and of the progress of construction work being performed under separate contracts. 13.16.5 The Owner will, upon written request by the Contractor, furnish information that may be available to the Owner. 13.17 CONTRACTOR'S ORGANIZATION 13.171 Contractor shall maintain as part of his organization, or hire a Subcontractor with, a competent staff of sufficient size who are knowledgeable in the use, application of Scheduling Application and implementation of CPM as required by the Contract Documents. It shall be the responsibility of this staff to prepare input information for the Project Construction Schedule, monitor progress, provide input for updating and revising logic diagrams when necessary and otherwise assist the Contractor in fulfilling his obligations hereunder. 13.18 CONTRACTOR COVENANTS AND GUARANTEES 13.18.1 The Contractor covenants and guarantees that the Contractor will not: 13.18.1.1 Misrepresent to the Owner its planning scheduling or execution of the work. 13.18.1.2 Utilize schedules materially different from those made available by the Contractor to the Owner or any Subcontractor or separate the Contractors for the directions execution and coordination of the Work, or which are not feasible or realistic. 13.18.1.3 Prepare schedules, updates, revisions or reports for the work which do not accurately reflect the actual intent or reasonable and actual expectations of Contractor and its Attachment number 1 Page 121 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-108 Subcontractor as to: (1) the sequences of activities; (2) the duration of activities; (3) the responsibility of activities; (4) resources availability; (5) labor availability or efficiency; (6) foreseeable weather conditions; (7) the value associated with the activity; (8) the percentage complete of any activity; (9) completion of any item of work or activity; (10) SURMHFW PLOHVWRQH FRPSOHWLRQ   GHOD\V VOLSSDJH¶V RU SUREOHPV HQFRXQWHUHG RU expected; (12) subcontractor requests for time extensions or delay claims of Subcontractors; and (13) if applicable, the float time available. 13.18.2 7KH &RQWUDFWRU¶V IDLOXUH WR VXEVWDQWLDOO\ FRPSO\ ZLWK WKH IRUHJRLQJ FRYHQDQW DQG guarantee shall be a substantial and material breach of contract which will permit the Owner to terminate the Contract for default, or withhold payments under the Contract Documents, and shall entitle the Owner to the damages afforded for misrepresentation or fraud by these Contract documents or applicable law. 13.18.3 Should the Contractor fail to substantially comply with the provisions of the Contract documents relating to planning and scheduling the work by the Project Construction Schedule, and the Owner shall have the right, at their option, to retain the services of scheduling consultants or experts (including attorneys if necessary, in their opinion) to prepare a schedule in accordance with the Contract Documents and to review and analyze same, in order to allow the Owner to evaluate the program of the Work by the Contractor, to determine whether the Contractor is substantially complying with the contract Documents, and to direct such action on the part of the Contractor, as permitted by the Contract Documents, as required to ensure, undeUWKH2ZQHU¶VVFKHGXOHSUHSDUHG hereunder, that the Contractor will comply with such schedule. All costs incurred by the Owner in preparing the schedule hereunder shall be charged to the Contractor's account, If the Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, the Contractor hereby agrees, in such instance, to comply with such schedules, as the Owner, develops, or directions, and DFWLYLW\ VHTXHQFHV DQG GXUDWLRQ¶V DV WKH 2ZQHU may reasonably require, without additional cost to the Owner (subject only to cost adjustments for such changes in the work as the Owner may direct), to ensure completion within the Contract Time. 13.19 DEFAULT 13.19.1 Failure of the Contractor to substantially comply with the requirements of this Article 13 shall constitute a default by Contractor of his obligations under this Contract sufficient for termination of Contractor under Paragraph 14.3 of this Contract. ARTICLE 14 TERMINATION OF THE WORK 14.1 TERMINATION DUE TO WORK STOPPAGE 14.1.1 If the Work is stopped for a period of one hundred twenty (120) days or more under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, and the Work stoppage is not due in any way to any act or fault of Contractor or a Subcontractor or his agents or employees or any other persons performing any of the Work under a contract with the Contractor, then the Owner or Contractor may, upon seven (7) days' written Notice to the other party, terminate the Work. In such case, Contractor may recover from the Owner payment, on a quantum merit basis, for all Work Attachment number 1 Page 122 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-109 executed to the date of termination. The Contractor shall not be entitled to collect and hereby expressly waives, any profit on Work not performed and any damages related to that portion of the Contract which has been terminated. 14.2 TERMINATION FOR CONVENIENCE OF THE OWNER 14.2.1 The Owner may, at any time upon ten (10) days' written Notice to the Contractor and Contractor's surety, which Notice shall specify that portion of the Work to be terminated and the date said termination is to take effect, terminate (without prejudice to any right or remedy of the Owner) the whole or any portion of the Work for the convenience of the Owner. The Contractor's sole remedy, in the event of such termination, will be the allowable termination costs permitted by Paragraph 14.4. 14.3 DEFAULT TERMINATION 14.3.1 The Owner may, upon ten (10) days' written Notice to the Contractor, terminate (without prejudice to any right or remedy of the Owner and Contractor's Surety, or any subsequent buyer of any portion of the Work) the Work of Contractor and his right to proceed either as to the whole or any portion of the Work required by the Contract Documents; and Owner may take possession of the Work and complete the Work by contract or otherwise in any one of the following circumstances: .1 If the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will ensure the completion of the Work by the Specific Dates or within the Contract Time; .2 If the Contractor is in material default in carrying out any provisions of the Contract for a cause within his control; .3 If the Contractor fails to supply a sufficient number of properly skilled workmen or proper equipment or materials that will ensure timely completion of the Work, or any portion thereof by any Specific Date; .4 If the Contractor fails to make prompt payment to Subcontractors or Sub-Subcontractors or to Suppliers for materials or labor, unless he otherwise provides the Owner satisfactory evidence that payment is not legally due; .5 If the insolvency, bankruptcy or financial condition of Contractor will hinder or impede the Contractor's fulfillment of all contractual obligations, including completion by the Specific Dates and the Contract Time; .6 If the Contractor disregards laws, permits, ordinances, codes, rules, regulations or orders of any public authority having jurisdiction, or fails to follow the instructions of the Owner or Construction Program Manager; .7 If the Contractor refuses or fails to properly schedule, plan, coordinate and execute the Work as specified herein, so as to perform the Work within the Specific Dates or Contract Time, or to provide scheduling or related information, revisions and updates as required by Article 13 and the Contract Documents; or .8 If the Contractor substantially or materially violates any provision of the Contract Documents. 14.3.2 The right of the Contractor to proceed shall not be so terminated under this Paragraph 14.3 because of any delays in the completion of the Work due to Attachment number 1 Page 123 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-110 unforeseeable causes beyond the control and without the fault or negligence of the Contractor or his Subcontractors as specifically set forth in Subparagraph 8.3.5 hereof. 14.3.3 If, after the Contractor has been terminated for default pursuant to Paragraph 14.3, it is determined by Construction Program Manager that none of the circumstances set forth in Subparagraph 14.3.1 exist, then such termination shall be considered a termination for convenience pursuant to Paragraph 14.2. In such case, the Contractor's sole remedy will be the costs permitted by Paragraph 14.4. 14.3.4 If the Owner so terminates the employment of the Contractor, the Contractor shall not be entitled to receive any further payment until the Work is finished by Contractor's surety or others. If the unpaid balance of the compensation to be paid to the Contractor hereunder shall exceed the expense of so completing the Work (including additional compensation for managerial, administrative and inspection services, or for the Construction Program Manager or Design Consultant, and any damages for delay), such excess shall be paid to the Contractor. 14.3.5 If such expenses shall exceed the unpaid balance, the Contractor and his surety shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the Work is partially or fully terminated, the Owner may take possession of and utilize in completing the Work such materials, appliances, supplies, plant and equipment as may be on the site of the terminated portion of the Work and necessary for the completion of the Work. If the Owner does not fully terminate the right of the Contractor to proceed, the Contractor shall continue to perform the part of the Work that is not terminated. 14.4 ALLOWABLE TERMINATION COSTS 14.4.1 If the Owner terminates the whole or any portion of the Work pursuant to Paragraph 14.2 then the Owner shall only be liable to the Contractor for those amounts payable to the Contractor in accordance with Subparagraph 14.4.2, plus a markup of up to ten percent (10%) for profit and overhead on the actual fully accounted costs recovered under Subparagraph 14.4.2; provided, however, that if the Construction Program Manager determines that Contractor would have sustained a loss on the entire Contract had it been completed, no markup shall be included or allowed hereunder and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss. 14.4.1.1 After receipt of a Notice of Termination, the Contractor shall submit to the Owner his termination claim, in the form and with certification prescribed by the Owner. Such claim shall be submitted promptly but in no event later than ninety (90) days from the effective date of termination, unless extensions are granted in writing by the Owner upon request by the Contractor; any request by Contractor for an extension shall be made in writing within such ninety (90) day period or any authorized extension thereof. However, if the Owner determines that the facts justify such action, he may, in his sole discretion, receive and evaluate any such termination claim at any time after such ninety (90) day period or any extension thereof. Upon failure of the Contractor to submit his termination claim within the time allowed, the Owner and Construction Program Manager may determine, on the basis of information available to them, the amount, if any, due to the Contractor by reason of the termination shall be binding on Contractor as to the full and total costs due Contractor under this Article 14. 14.4.1.2 The Construction Program Manager shall: (1) update the Contractor's last Application for Payment to the date of termination and determine the percentage complete for each item of the Work so terminated; (2) determine the amount earned by Contractor pursuant to the Cost Loaded Schedule based upon the percentage complete for each item; and (3) certify to the Owner the amounts due Contractor pursuant to the Contract Documents. Attachment number 1 Page 124 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-111 14.4.2 If the Owner terminates the whole or any portion of the Work pursuant to Paragraph 14.2, the Owner shall pay the Contractor the amounts determined by the Construction Program Manager as follows: .1 An amount for supplies, services, or property accepted by the Owner pursuant to Subparagraph 14.5.1.6 or sold pursuant to Subparagraph 14.5.1.7 and not heretofore paid for by Owner, and to the extent provided in the Contract such amount shall be equivalent to the aggregate price for such supplies or services computed in accordance with the price or prices specified in the Contract, appropriately adjusted for any saving of freight or other charges and any savings or benefit obtained by Contractor should Contractor acquire same under Subparagraph 14.5.1.7; and .2 The total of: (1) The amount certified by the Construction Program Manager pursuant to Subparagraph 14.4.1.2, but exclusive of any costs attributable to supplies or services paid or to be paid for under Subparagraphs 14.4.2.1 or 14.4.2.2; (2) The cost of settling and paying claims arising out of the termination of Work under subcontracts or orders, pursuant to Subparagraph 14.5.1.5, which are properly chargeable to the terminated portion of the Work (exclusive of amounts paid by Owner or payable on account of completed items of equipment delivered or services furnished by Subcontractors or Suppliers prior to the effective date of the Notice of termination), which amounts shall be included in the costs payable under (1) above; and (3) The reasonable costs of settlement, including accounting, legal, clerical and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the Work and for the termination and settlement of subcontracts and purchase orders thereunder, together with reasonable storage, transportation and other costs incurred in connection with the protection or disposition of property allocatable to the Contract. .3 However, the Owner will not be liable to the Contractor or any of his Subcontractors, Sub-subcontractors or Suppliers for any costs associated with termination if the subcontract or purchase order of the party seeking compensation does not include the proper termination clauses. 14.4.3 In arriving at any amount due the Contractor pursuant to Paragraph 14.4. there shall be deducted the following: .1 All amounts paid to Contractor under this Contract to the date of termination or thereafter; .2 Any claim which the Owner, Construction Program Manager, Design Consultant, utility owner or separate contractor may have against the Contractor; .3 Such amount as the Construction Program Manager determines to be necessary to protect the Owner against loss because of outstanding or potential liens or claims; .4 The agreed price for, or the proceeds of sale of, any materials, supplies or other things acquired by the Contractor or sold, pursuant to the provisions of Subparagraph 14.5.1.7, and not otherwise recovered by or credited to the Owner; and .5 Any amount which the Owner may withhold or which is otherwise payable or due Owner pursuant to the Contract Documents. Attachment number 1 Page 125 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-112 14.4.4 The total sum to be paid to the Contractor under this Paragraph 14.4 shall not exceed the Contract Sum as reduced by the amount of payments otherwise made or to be made for Work not terminated and as otherwise permitted by this Contract. Except for normal spoilage, and except to the extent that the Owner shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor, as provided in Subparagraph 14.4.2, the fair value, as determined by the Construction Program Manager, of property which is destroyed, lost, stolen or damaged so as to become undeliverable to the Owner, or to a buyer pursuant to Subparagraph 14.5.1.7. 14.4.5 If the Owner terminates the whole or any part of the Work pursuant to Paragraph 14.3, then the Owner may procure, upon such terms and in such manner as the Construction Program Manager may deem appropriate, supplies or services similar to those so terminated, and the Contractor shall be liable to the Owner for any excess costs for such similar supplies or services. The Contractor shall continue the performance of the Contract to the extent not terminated hereunder. 14.5 GENERAL TERMINATION PROVISIONS 14.5.1 After receipt of a Notice of termination from the Owner, pursuant to Paragraph 14.2 or 14.3, and except as otherwise directed by the Construction Program Manager, the Contractor shall: .1 Stop Work under the Contract on that date and to the extent specified in the Notice of termination; .2 Place no further purchase orders or enter into any subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; .3 Terminate all purchase orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of termination; .4 At the option of the Owner and the Construction Program Manager, assign to the Owner in the manner, at the times and to the extent directed by the Construction Program Manager, all rights in purchase orders and subcontracts; .5 Settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts, with the approval or ratification of the Construction Program Manager, to the extent he may require, which approval or ratification shall be final for all the purposes of this Article 14; .6 Transfer title and deliver to the entity or entities designated by the Owner, in the manner, at the times and to the extent directed by the Construction Program Manager to the extent specifically produced or specifically acquired by the Contractor for the performance of such portion of the Work as had been terminated, the following: (1) The fabricated or unfabricated parts of the Work in process, partially completed supplies and equipment, materials, parts, tools, dies, jigs and other fixtures, completed Work, supplies and other material produced as part of, or acquired in connection with the performance of the Work terminated by the Notice of termination; and (2) The completed or partially completed plans, drawings, information, releases, manuals and other property related to the Work and which, if the Contract had been completed, would have been required to be furnished to the Owner; Attachment number 1 Page 126 of 132 Item # 19 GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-113 .7 Use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Construction Program Manager, any property of the types referred to in Subparagraph 14.5.1.6; provided, however, that the Contractor: (1) Shall not be required to extend credit to any buyer; and (2) May acquire any such property under the conditions prescribed by and at a price or prices approved by the Construction Program Manager; and provided further that the proceeds of any such transfer or disposition shall be applied in reduction or any payments to be made by the Owner to the Contractor under the Contract or shall otherwise be credited to the Contract Sum covered by the Contract or paid in such other manner as the Construction Program Manager may direct; .8 Complete performance of such part of the Work as shall not have been terminated by the Notice of termination; and .9 Take such action as may be necessary, or as the Construction Program Manager may direct, for the protection and preservation of the property related to the Contract which is in the possession of the Contractor and in which the Owner has or may acquire an interest. 14.5.2 The Contractor shall, from the effective date of termination, preserve and make available to the Owner, at all reasonable times at the office of the Contractor, but without cost to the Owner, all his books, records, documents and other evidence bearing on the costs and expenses of the Contractor under this Contract as required by Paragraph 3.7 hereof. 14.5.3 If the termination, pursuant to Paragraph 14.2, is partial, the Contractor may file with the Construction Program Manager a claim for a Change Order, to the extent he believes a Change has occurred in the continued portion of the Work (the portion not terminated by the Notice of termination) as a result of said termination. Any claim by the Contractor for a Change Order under this Subparagraph 14.5.3 must be completely itemized and asserted in writing within ninety (90) days from the effective date of the Notice of termination; otherwise said claim is waived by Contractor. 14.5.4 The Contractor shall refund to the Owner any amounts paid by the Owner to the Contractor in excess of amounts reimbursable under Paragraph 14.4. 14.5.5 The Owner may, at his option and at the Contractor's expense, have costs claimed to be reimbursable under Paragraph 14.4 audited and certified by independent certified public accountants selected by the Owner. 14.5.6 The Contractor shall be entitled to only those damages and that relief from termination by the Owner as specifically provided in this Article 14. 14.5.7 Contractor shall include termination clauses identical to this Article 14 in each of his subcontracts and his principal Purchase Orders. 14.5.8 Termination of all or any portion of Contractor's Work does not terminate this Contract, but only Contractor's performance thereunder for the Work terminated. Contractor shall remain liable to Owner for all obligations, responsibilities, duties and warranties not extinguished as a result of said termination pursuant to the Contract Documents or by operation of law. END OF GENERAL CONDITIONS Attachment number 1 Page 127 of 132 Item # 19 SUPPLEMENTAL CONDITIONS Supplemental Conditions of the Contract for Construction 00 73 00-1 SUPPLEMENTAL CONDITIONS 1.01 INTERRUPTION OF UTILITIES A. Work shall be scheduled to avoid, as much as possible, interference with the normal operation of the building(s). Preservation of power at the detention center is vital. The Contractor shall give written notice to the Owner at least ten (10) calendar days in advance of all dates on which he wishes to interrupt power, phones, gas or water service for greater than 1 hour. Upon receipt of the request, the Owner will review the request and submit a written response, identifying acceptable date(s) and time(s). Power shall not be interrupted without a written response from the Owner, specifically approving the temporary outage, at the designated time and for the designated duration. The Owner reserves the right to disallow any and all power outages. B. 7KH&RQWUDFWRUGRHVQRWUHTXLUHWKH2ZQHU¶VSHUPLVVLRQWRLQWHUUXSWXWLOLWLHVLn the event of an emergency affecting the safety of property, health or life. 1.02 PROTECTION OF EXISTING PROPERTY A. Protection of Roadways, Sidewalks, and Property Surfaces: 1. The Contractor shall repair and clean roadway, sidewalk and property surfaces located outside constructions limits free of dirt and mud where caused by conveyance of construction and demolition materials, equipment and personnel to and from the construction site. Contractor shall notify the Owner for his review of a written schedule, by which the Contractor shall perform corrective and clean-up work. Work shall be done at no additional expense to the Owner. 2. The Contractor shall be responsible for damage to property and persons that result from work inside and outside the construction limits. The Contractor shall promptly correct damages that create health, safety or property danger. 1.03 DETENTION CENTER OPERATIONS A. The existing detention center must be kept physically secure at all times, and all work impacting existing security fencing and other detention/security systems must QRWFRPSURPLVHRUGHFUHDVHWKHIDFLOLW\¶VVHFXULW\V\VWHPV Security shall be maintained continuously operational and unimpaired 24 hours a day, 7 days a week. Any Work potentially impacting the facility security shall not be undertaken without written consent of the Owner. Owner shall be notified, in writing, at least 72 hours prior to any such proposed Work. B. 7KHQDPHVDQGDGGUHVVHVRIDOORI&RQWUDFWRU¶VHPSOR\HHVDQG 6XEFRQWUDFWRU¶VHPSOR\HHVPXVWEHVXEPLWWHGWR2Zner in advance of performing any Work at the jobsite. The Owner will screen them and reserves the right to disallow any worker, at the time of screening or later, than is deemed to be a security risk. Attachment number 1 Page 128 of 132 Item # 19 SUPPLEMENTAL CONDITIONS Supplemental Conditions of the Contract for Construction 00 73 00-2 C. :RUNHU¶VVKDOOQRWFRPHLQWRFRQWDFWZLWKQRUFRQYHUVH with detention center prisoners. D. :RUNHU¶VHQWHULQJVHFXUHDUHDVZLOOEHVXEMHFWWRSDWGRZQVDQGLQVSHFWLRQV of their belongings. 1.04 TRASH DISPOSAL A. The Contractor shall avoid trash accumulation and shall remove same from the site at the close of each working day. All building material and trash shall EHGLVSRVHGRIRIIWKH2ZQHU¶VSURSHUW\ B. Burning of material on the site will not be permitted. 1.05 DRAWINGS A. Except where dimensions are shown, the drawings are diagrammatic and shall not be scaled. Exact location of fixtures, apparatus, and piping shall be determined by dimensions on the site. 1.06 DEMOLITION A. $OOPDWHULDOVLQGLFDWHGWREHUHPRYHGVKDOOEHGLVSRVHGRIRIIWKH2ZQHU¶V properly, In accordance with all laws and regulations. B. The use of explosives will not be permitted unless prior written permission from the Owner has been obtained. C. The amount of dust resulting from the operations shall be controlled to prevent the spread of dust to avoid cleaning of a nuisance in the surrounding area. D. Proposed procedures for the accomplishment of demolition work shall be submitted in writing to the Owner for approval. Procedures shall provide for safe conduct of the work, careful removal and disposition of materials, protection of property which is to remain undisturbed and coordination with other work in progress. Submittal shall include a detailed description of the methods and equipment to be used for each operation, and the sequence of operations. 1.07 PROTECTION A. Protection of personnel: Utilize safety barricades where the safety of pedestrians and/or vehicle drivers are endangered by the work area. safety barricades shall be used. 1.08 VEHICLE PARKING REGULATIONS Attachment number 1 Page 129 of 132 Item # 19 SUPPLEMENTAL CONDITIONS Supplemental Conditions of the Contract for Construction 00 73 00-3 A. Designated Parking Areas: The Contractor must park all vehicles inside the designated construction area. The Contractor is responsible for transporting his employees to and from the job site from off site staging areas. 1.09 STREET ADDRESS A. For purposes of utility work, the street address of this project is: 1941 Phinizy Road, Augusta, GA 30906 1.10 SITE LIMITATIONS A. &RQVWUXFWLRQDQGVWDJLQJDUHOLPLWHGWRWKHDUHDVZLWKLQWKH³/LPLWVRI)HQFHG&RQVWUXFWLRQ$UHD´LQGLFDWHGRQWKHGUDZLQJV 1.11 ACCESS TO SITE BY PERSONNEL OF OWNER A. The Contractor agrees that mechanics, electricians, and maintenance personnel of the Owner may enter onto the site during the progress of the work for the purpose of maintaining existing facilities, and for the purpose of taking emergency measures necessary to preserve life of property. The Contractor shall have the right to exclude from the site any mechanic or maintenance personnel who undertakes to enter without a hard hat or who violates any of the safety regulations imposed by the U.S. Department of Labor, OSHA, by the Contractor, by law, or by the State Commissioner of Labor. 1.12 CODE AND STANDARDS A. The Codes and Standards referred to are minimum standards. Where the requirements of these specifications and the accompanying drawings exceed those of the Codes and Standards, the drawings and specifications shall be followed. 1.13 WEB BASED PROJECT MANAGEMENT/COMMUNICATIONS SYSTEM a. The Contractor, Construction Program Manager and Design Consultant shall XWLOL]HWKHSURMHFW¶V,QWHUQHW:HE-based project management communication system (PMCCS) to manage and facilitate project organization and communication. Use of this system, which will be administered by the Construction Program Manager, will not replace or change any contractual responsibilities of the construction team members. b. $VDPLQLPXP&RQWUDFWRU¶V Superintendent and Project Manager shall have access to the Internet and an Internet e-mail address in order to communicate with various project team members via the PMCCS. The Contractor is encouraged to make the PMCCS available to primary subcontractors. The Contractor shall provide, within 5 calendar days of Notice to Proceed, the names of companies and contacts, positions, mailing addresses and e-mail addresses to the Construction Program Manager. Attachment number 1 Page 130 of 132 Item # 19 SUPPLEMENTAL CONDITIONS Supplemental Conditions of the Contract for Construction 00 73 00-4 c. All costs for the temporary licenses to use the PMCCS database for the Contractor, Subcontractors and his/her consultants shall be paid by the Contractor. The Contactor shall include an allowance of $1000 per person per year, for such licensing, and $1000 per company for training. d. The following documents, as a minimum shall be generated and distributed via the PMCCS: i. Requests For Interpretation (RFI¶V) ii. AUFKLWHFW¶VSXSSOHPHQWDO,QIRUPDWLRQ $6,¶V iii. 5HTXHVWVIRU4XRWDWLRQ 5)4¶V iv. &KDQJH2UGHU3URSRVDOV &23¶V v. Change Orders vi. Submittal Log vii. Daily Reports viii. Meeting minutes and agendas ix. Applications for Payment x. Project schedules 1.14 COMMISSIONING CONSULTANT A. The Owner has contracted with a Commissioning Consultant, who will be performing professional building commissioning services for the Project. The Contractor will be required to coordinate the Work and cooperate with the &RPPLVVLRQLQJ&RQVXOWDQW¶VHIIRUWV7KHVFRSHRIFRPPLVVLRQLQJVHUYLFHVLV described in Section 01 91 13, and in the Technical Specifications. 1.15 SPECIAL INSPECTIONS A. The Owner will contract with a Special Inspections and Construction Materials Testing firm to provide those services, as specified in the Contract Documents. 1.16 DOCUMENTS REQUIRED PRIOR TO FINAL PAYMENT A. The following documents required prior to final payment, shall be delivered by the Contractor to the Owner, in the quantities indicated prior to final inspection of work: 1. Non-Influence Affidavit, 4 copies 2. Statutory Affidavit, 4 copies 3. Written notice of readiness for final inspection 4. Operating and Maintenance Data and Instructions B. Submittals as required by Section 01 70 00, Project Closeout. 1.17 LIQUIDATED DAMAGES A. Kitchen: The Webster Detention serves three hot meals a day (every day) to inmates, all prepared from the central kitchen. During kitchen renovation work, preparation of meals will be suspended, during which time an outside vendor will be hired to provide meals. The net cost of this service is projected to be $3000 per day. Jail Administration has Attachment number 1 Page 131 of 132 Item # 19 SUPPLEMENTAL CONDITIONS Supplemental Conditions of the Contract for Construction 00 73 00-5 budgeted a 30 (consecutive) day suspension of kitchen operations. The Contractor will be assessed liquidated damages of $3000 per day for each calendar day in excess of 30 days, during which the kitchen is not Substantially Complete, as deemed by the Architect. B. Balance of Project: In order to avoid liquidated damages, the overall project shall be Substantially Complete within 665 calendar days of the Notice to Proceed date. Liquidated damages in the amount of $2000 per day will be assessed for each calendar day in excess of 665 days. The 665 days shall include built-in inclement weather days as noted herein. 1.18 INCLEMENT WEATHER DAYS A. For the purposes of preparing project schedules, planning the Work, and achieving the Date of Substantial Completion, the ContractRUVKDOOLQFOXGHD³QRUPDO´QXPEHURI Inclement Weather Days, until such time as the buildings become enclosed. Inclement Weather Days are defined as any day, Monday though Friday, where the amount of rain, DVPHDVXUHGDW$XJXVWD¶V$LUSRUW %XVK)LHOG H[Feeds .10 inches in 24 hours; or the temperature fails to climb above 40 degrees F, in a 24-KRXUSHULRG$³QRUPDO´QXPEHULV defined as the following, as determined by analysis of historical meteorological data for Augusta Georgia: January 9 days February 8 days March 6 days April 5 days May 4 days June 3 days July 3 days August 3 days September 2 days October 3 days November 4 days December 8 days END OF SUPPLEMENTAL CONDITIONS Attachment number 1 Page 132 of 132 Item # 19 Attachment number 2 Page 1 of 5 Item # 19 Attachment number 2 Page 2 of 5 Item # 19 Attachment number 2 Page 3 of 5 Item # 19 Attachment number 2 Page 4 of 5 Item # 19 Attachment number 2 Page 5 of 5 Item # 19 Commission Meeting Agenda 11/5/2008 2:00 PM Transfer of 911 Unreserved Funds – Logging Recorder Department:Augusta 9-1-1 Center Caption:Motion to approve a request for transfer of funds from 9-1-1 Fund Balance Unreserved to 2008 9-1-1 Operating Budget for purchase of a replacement Logging Recorder. Background:The current logging recorder system was purchased from Dictaphone Recording Systems in 2002. In 2004, Nice Recording Systems bought out the Public Safety Sector Recording Systems of Dictaphone, which includes the system the 9-1-1 Center is using. Nice Recording Systems has been maintaining the recorder for the last few years; however, they will not continue to support it after this year. This logging recorder system is mandated equipment for a 9-1-1 System, and is also a standard of NFPA (National Fire Protection Association) and is part of the fire rating system for insurance purposes. The recordings are also subpoenaed regularly by State Court, Superior Court and Civil Court, as well as other entities and as such considered evidence in various types of cases. Analysis:: It is necessary that the system be fully operational and dependable which is not the case with the current recorder. We have had to replace two hard drives recently; a workstation interface; and various other components. The current maintenance contract and SMA for the system is expired and a one year extension of this agreement would cost 1/3 to 1/2 the cost of a new system. The best approach is to bid for a new logging recorder system and related maintenance agreements keeping in mind that the first year maintenance should be covered by purchase of the new equipment. Bid specifications have already been drafted for submission to the Procurement Department with the caveat that no commitment will be made until proper approval is given by the Augusta-Richmond County Commission. Financial Impact:The cost for replacement of the logging recorder should not exceed $80,000 and the 9-1-1 Fund Balance Unreserved has more than substantial funds to cover this cost. Alternatives: Recommendation:Approve the transfer of $80,000 for the logging recorder system. Funds are Available in the Following Accounts: Funds are available in the 9-1-1 Fund Balance Unreserved.Cover Memo Item # 20 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 20 Commission Meeting Agenda 11/5/2008 2:00 PM Transfer of 911 Unreserved Funds – Monitors Department:Augusta 9-1-1 Center Caption:Motion to approve the transfer of 911 Unreserved Funds to 2008 Operating Budget for purchase of computer monitors. Background:The current computer monitors at each console position have been in use since 2004. They were part of an upgrade of the workstations at the Center during this time and a transition from CRT type monitors to flat screen monitors. In 2006 the Central Processing Units (CPU’s) in use at each console was replaced due to the intense use in a 24/7 environment, however, there was not a need to replace the monitors at that time. Recently several monitors have quit working and not covered by any service or maintenance plan that would allow for replacement. Analysis:Information Technology recommended that the Center replace the monitors on the current workstations due to their age and hours of use. Eleven (11) consoles have three (3) monitors each and two (2) workstations have four (4) monitors each for a total of forty-one (41) monitors. While this was not an anticipated replacement budgeted item in the 2008 Budget, it is necessary to replace these monitors to ensure consistent and uninterrupted 9-1-1 service. Financial Impact:The cost for replacement of these monitors is $18,450.00 and the 9-1-1 Fund Balance Unreserved has funds available to cover this cost. Alternatives: Recommendation:Approve the transfer of $18,450 from the 9-1-1 Fund Balance for the monitors. Funds are Available in the Following Accounts: Funds are available in the 9-1-1 Fund Balance Unreserved. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 21 Cover Memo Item # 21 Commission Meeting Agenda 11/5/2008 2:00 PM Abatement of 2007 County Ad Valorem Taxes on County Owned Property. Department:Attorney Caption:Motion to approve abatement of 2007 County Ad Valorem Taxes on properties acquired by Augusta-Richmond County. (Approved by Finance Committee October 27, 2008) Background:In connection with property acquisitions in 2008, the County purchased all or a portion of the following tract items of land and a request is being made that the County Ad Valorem Taxes be abated during the time the property was owned by Augusta: Alexander Drive Project, GDOT Project No. STP- 0001-00(794), ARC Project No. Project 323-04-296823215 008-3-059-00- 0 (1009 Alexander Drive) 013-1-003-00-0 (1044 Alexander Drive) 013-1- 008-00-0 (1054 Alexander Drive) 013-3-001-00-0 (1060 Alexander Drive) 013-3-002-00-0 (1062 Alexander Drive) 013-3-005-00-0 (1076 Alexander Drive). 013-3-007-00-0 (1084 Alexander Drive) 013-1-248-00-0 (2807 Brickrun Way) 013-1-253-00-0 (2817 Brickrun Way) 013-1-256-00-0 (2823 Brickrun Way) 013-1-249-00-0 (2809 Brickrun Way) 013-1-106-00-0 (2501 Carriage Creek) Judicial Center Project 046-2-148-00-0 913 (913 Talcott Street) S.R. 4/15th. St. at CR2207 (Central Avenue Project) 045-4-153-01- 0 (1335 Fifteenth St.) Analysis:See background. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law. Administrator. Cover Memo Item # 22 Commission Meeting Agenda 11/5/2008 2:00 PM Annette Stringer Department:Clerk of Commission Caption:Motion to correct action of the Commission on October 21, 2008 to approve a request from Ms. Annette Stringer regarding a refund of property taxes in the amount of $1,323.54 instead of $456.14 on property at 4172 Kevin Road. (Approved by Finance Committee October 13, 2008) Background:The caption on the Commission October 21, 2008 agenda erroneously listed refund for the county portion only when in fact Ms. Stringer was due the total amount of $1,323.54. (See attachment for further information) Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 23 Attachment number 1 Page 1 of 3 Item # 23 Attachment number 1 Page 2 of 3 Item # 23 Attachment number 1 Page 3 of 3 Item # 23 Commission Meeting Agenda 11/5/2008 2:00 PM Augusta Mini Theatre Inc. Department:Clerk of Commission Caption:Motion to approve a request from the Augusta Mini Theatre, Inc. for a wavier of 2008 property taxes for its new arts school located at 2548 Deans Bridge Road. (Approved by Finance Committee October 27, 2008) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 24 Attachment number 1 Page 1 of 1 Item # 24 Commission Meeting Agenda 11/5/2008 2:00 PM Betty Townes Department:Clerk of Commission Caption:Motion to approve a request from Ms. Betty J. Townes for a refund of taxes in the amount of $2,601.93 on her property located at 3511 Woodlake Road. (Approved by Finance Committee October 27, 2008 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 25 Attachment number 1Page 1 of 5 Item # 25 Attachment number 1 Page 2 of 5 Item # 25 Attachment number 1 Page 3 of 5 Item # 25 Attachment number 1 Page 4 of 5 Item # 25 Attachment number 1 Page 5 of 5 Item # 25 Commission Meeting Agenda 11/5/2008 2:00 PM Garden City Rescue Mission Department:Clerk of Commission Caption:Motion to approve a request for the abatement of 2008 property taxes for the Garden City Rescue Mission on property located at 828 Fenwick Street. (Approved by Finance Committee October 27, 2008) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 26 Attachment number 1 Page 1 of 2 Item # 26 Attachment number 1 Page 2 of 2 Item # 26 Commission Meeting Agenda 11/5/2008 2:00 PM International Paper Department:Clerk of Commission Caption:Motion to approve allowing International Paper Company to take half of the 1% discount on their 2008 property tax bill. (Approved by Finance Committee October 27, 2008) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 27 Attachment number 1 Page 1 of 20 Item # 27 Attachment number 1 Page 2 of 20 Item # 27 Attachment number 1 Page 3 of 20 Item # 27 Attachment number 1 Page 4 of 20 Item # 27 Attachment number 1 Page 5 of 20 Item # 27 Attachment number 1 Page 6 of 20 Item # 27 Attachment number 1 Page 7 of 20 Item # 27 Attachment number 1 Page 8 of 20 Item # 27 Attachment number 1 Page 9 of 20 Item # 27 Attachment number 1 Page 10 of 20 Item # 27 Attachment number 1 Page 11 of 20 Item # 27 Attachment number 1 Page 12 of 20 Item # 27 Attachment number 1 Page 13 of 20 Item # 27 Attachment number 1 Page 14 of 20 Item # 27 Attachment number 1 Page 15 of 20 Item # 27 Attachment number 1 Page 16 of 20 Item # 27 Attachment number 1 Page 17 of 20 Item # 27 Attachment number 1 Page 18 of 20 Item # 27 Attachment number 1 Page 19 of 20 Item # 27 Attachment number 1 Page 20 of 20 Item # 27 Commission Meeting Agenda 11/5/2008 2:00 PM Sale of Surplus Property 2214 Windsor Rd to Land Bank Authority Department:Attorney Caption:Motion to approve transfer of City surplus property located at 2214 Windsor Spring Road to Land Bank Authority who has a potential buyer. (Approved by Finance Committee October 27, 2008) Background:Subject property was acquired by the City of Augusta for the expansion of Windsor Spring Road. The house on the lot was demolished to make way for the widening project that began in 1990. The neighbors who keep the property maintained would like to purchase the property. The parcel currently has no address in GIS and formerly had Map and Parcel # 121-2- 049-00-0 and property address 2214 Windsor Spring Road. The neighbors are located on both sides of the property, 2212 and 2216 Windsor Springs Road. Analysis:See background Financial Impact:N/A Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law. Administrator. Cover Memo Item # 28 Commission Meeting Agenda 11/5/2008 2:00 PM Alexander Drive Request for Additional Funds Department:Engineering-Abie L. Ladson, P.E., Director Caption:Motion to approve CPB # 323-041110-296823215 Change NumberFivein the amount of $2,000,000.00 for the Alexander Drive Project to be funded from SPLOST Fund Balance Account for the Engineering Department. (Approved by Engineering Services Committee October 27, 2008) Background:The additional amount is needed to complete the acquisition of right-of-way and easements. Original estimates fall far short because the Tax Assessors Office increased the appraisals on Alexander Drive properties from $5.50 to $12.00 per sq. ft. We have negotiated for around $7.00 to $7.50 per sq. ft., but it has caused the cost of buying right-of-way to accelerate. Analysis:An unexpected number of condemnations have been necessary on this project. Also, because of the increased amount of the appraisal done by the Tax Assessors Office, the property owners feel like they should be paid more money up to the tax appraisal amount. These funds are needed to complete the acquisition of right-of-way for this much needed project. Financial Impact:Funds in the amount of $2,000,000.00 are available in SPLOST Fund Balance Account 323-000-000000/39-52110 to be transferred to the project Right of Way account upon Commission approval. Alternatives:1. Approve CPB # 323-041110-296823215 Change Number Five in the amount of $2,000,000.00 for the Alexander Drive Project to be funded from SPLOST Fund Balance Account for the Engineering Department. 2. Do not approve and delay construction of a much needed project. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 323-000-0000000/39-52110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 29 Cover Memo Item # 29 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project be set up is authorized to CPB#323-04-296823215. Additional funding is required to complete the acquisition of Right of Way and ease ments. Funding is available in SPLOST Fund Balance. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase III Recapture 2,522,795$ Augusta Utilities 24,768$ Special 1% Sales Tax, Phase III Recapture 86,680$ Special 1% Sales, Tax Fund Balance 2,000,000$ 4,634,243$ Section 3: The following amounts are appropriated for the project: By Basin By District Rock Creek $4,634,243 7th $4,634,243 Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Honorable Deke Copenhaver, Mayor CPB#323-04-296823215 CAPITAL PROJECT BUDGET ALEXANDER DRIVE IMPROVEMENTS CHANGE NUMBER FIVE (WASHINGTON ROAD TO RIVERWATCH PARKWAY) 1 of 2 10/6/08 Attachment number 1 Page 1 of 2 Item # 29 Augusta-Richmond County, Georgia CPB#323-04-296823215 CAPITAL PROJECT BUDGET ALEXANDER DRIVE IMPROVEMENTS CHANGE NUMBER FIVE (WASHINGTON ROAD TO RIVERWATCH PARKWAY) CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPLOST, PHASE II 323-04-1110-000000-000000000 ($2,522,795) ($2,522,795) AUGUSTA UTILITIES 507043420-5212115/89800510-5212115 ($24,768) ($24,768) SPLOST PHASE III 323-04-1110-6011111-296823333 ($86,680) ($86,680) SPLOST, FUND BALANCE ($2,000,000) ($2,000,000) 323-000-000000/39-52110 TOTAL SOURCES: ($2,634,243) ($2,000,000) ($4,634,243) USE OF FUNDS ENGINEERING 323-04-1110-5212115-296823215 $49,810 $49,810 ADVERTISING 323-04-1110-5233119-296823215 $1,000 $1,000 RAILROAD PERMIT 323-04-1110-5414610-296823215 $0 $0 RIGHT OF WAY 323-04-1110-5411120-296823215 $2,459,490 $2,000,000 $4,459,490 UTILITIES 323-04-1110-5414510-296823215 $0 $0 AUGUSTA UTILITES 507043420-5212115/89800510-296823215 $0 $0 CONSTRUCTION 323-04-1110-5414110-296823215 $0 $0 SIGNALS 323-04-1110-5414610-296823215 $0 $0 CONTINGENCY 323-04-1110-601110-296823215 $123,943 $123,943 TOTAL USES:$2,634,243 $2,000,000 $4,634,243 2 of 2 10/6/08 Attachment number 1 Page 2 of 2 Item # 29 Commission Meeting Agenda 11/5/2008 2:00 PM Award Bid Item 08-097A – Draw Tape Refuse and Recycling Bags – to the lowest qualified bidder. Department:Solid Waste Caption:Motion to approve bid award Bid Item 08-097A – Draw Tape Refuse and Recycling Bags – to the lowest qualified bidder. (Approved by Engineering Services Committee October 27, 2008) Background:The Augusta Solid Waste Department makes a concerted effort to be a good neighbor. Operating a landfill is a tricky business, and with people living and working nearby, the Solid Waste Department pays special attention to the condition of the roadways leading to the landfill as well as the condition of the property itself. Our staff spends a good deal of time each week picking up litter on the roadways on the property in order to maintain a clean facility. Additionally the Solid Waste Department is in the process of re- vamping and expanding the community outreach activities in which it participates. Currently the Solid Waste Department participates in the Great American Cleanup and Earth Day activities, but we will be participating in community cleanups as well as offering special event recycling at local festivals and community events. The purchase of these refuse and recycling bags will make these activities possible. Analysis:The purchase of the refuse and recycling bags is necessary to the day to day operations of the solid waste department. We are required by EPD Solid Waste Rules to maintain an orderly facility with little blowing litter. In addition, we also pick up litter along Deans Bridge Road, Camp Josey Road, and Greenland Road in order to be a good neighbor and a good steward of the environment. The Procurement Department received three bids in response to bid item #08-097A, Draw Tape Refuse and Recycling Bags. Only one bid was compliant – two submitted incomplete packages. The bids were evaluated in accordance with Procurement Department requirements, and Resourceful Bag and Tag, Inc. provided the lowest cost bid for the requested items. This is a one year contract with three one year options available. Financial Impact:Augusta will be making a one time purchase at a level of $60,000. After that we will purchase bags in smaller quantities using the approved bidder for the duration of the bid term. Funds will need to be transfered from 542-04- 4110/542210 to account 542-04-4110/5311110. Alternatives:1. Recommend awarding the bid to Resourceful Bag and Tag, Inc. 2. Do not approve the award. Recommendation:Approve the award. Cover Memo Item # 30 Funds are Available in the Following Accounts: Funds will need to be transfered from 542-04-4110/542210 to account 542- 04-4110/5311110. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 30 Attachment number 1 Page 1 of 1 Item # 30 Attachment number 2 Page 1 of 1 Item # 30 Attachment number 3 Page 1 of 3 Item # 30 Attachment number 3 Page 2 of 3 Item # 30 Attachment number 3 Page 3 of 3 Item # 30 Commission Meeting Agenda 11/5/2008 2:00 PM Award of Construction of Deans Bridge Road MSW Landfill Maintenance Facility (bid item 08-157) to the lowest qualified bidder. Department:Solid Waste Caption:Motion to approve bid award construction of Deans Bridge Road MSW Landfill Maintenance Facility (bid item 08-157) to the lowest qualified bidder. (Approved by Engineering Services Committee October 27, 2008) Background:The facilities at the Deans Bridge Road MSW Landfill have been in place since the 1980s. The facilities are currently housed in modular trailers and open-air sheds. In addition, the current solid waste department maintenance shed is not adequate for either the equipment used at the landfill or the supplies stored there. Also, due to the distance to the current trash disposal area, the current shop area is almost two miles away. Further, the current facility does not have adequate lighting, heat, or security measures for the equipment and supplies stored there. Analysis:The construction of the new Solid Waste Department Maintenance Facility will allow for the service of all department equipment and vehicles; and for the storage of all supplies. It is sized to service the largest landfill equipment as well as customized for the smaller vehicles. Further, the addition of locking bay doors and ventilation system will allow for the safe servicing of equipment. The Solid Waste Department received six proposals in response to bid item #08-157, Maintenance Facility for the Augusta Deans Bridge Road MSW Department. The proposals were evaluated in accordance with Procurement Department requirements, and Dabbs-Williams Contracting, Inc. provided the lowest cost bid for the requested work. Financial Impact:Adequate funds are available for the bid amount of $ 4,981,921.00. However, the contract amount will be $5,480,113, which is cost plus contingency. An amount of $5,480,113 will have to be moved from account 541-00-000/3952110 to 541-04-4210/5413130 to cover the cost of the project. Alternatives:1. Recommend awarding the contract to Dabbs-Williams Contracting. 2. Do not approve the award. Recommendation:Award the contract to Dabbs-Williams Contracting. Funds are Available in the Following Accounts: An amount of $5,480,113 will have to be moved from account 541-00- 000/3952110 to 541-04-4210/5413130 to cover the cost of the project. Cover Memo Item # 31 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 31 Attachment number 1 Page 1 of 1 Item # 31 Attachment number 2 Page 1 of 3 Item # 31 Attachment number 2 Page 2 of 3 Item # 31 Attachment number 2 Page 3 of 3 Item # 31 Attachment number 3 Page 1 of 3 Item # 31 Attachment number 3 Page 2 of 3 Item # 31 Attachment number 3 Page 3 of 3 Item # 31 Commission Meeting Agenda 11/5/2008 2:00 PM Award of Purchase of Skid-Mounted Hydroseeder for the Solid Waste Department to the Lowest Qualified Bidder (Bid Number 08-083) Department:Solid Waste Caption:Motion to award the purchase of Skid-Mounted Hydroseeder for the Solid Waste Department to the Lowest Qualified Bidder (Bid Number 08-083). (Approved by Engineering Services Committee October 27, 2008) Background:The Augusta Solid Waste Department currently operates a tow-behind hydroseeder. This machine is ten years old and is not currently adequate for the grassing needs of the Solid Waste Facility. The Facility is required as part of the Georgia EPD Solid Waste rules as well as the Georgia Soil Erosion and Sedimentation Control rules to maintain a constant stand of grass on all disturbed acreage. Due to the landfill topography, a hydroseeder that can spray long distances, has a larger tank capacity, and is easier to operate, is required in order to maintain this compliance. The skid-mounted hydroseeder which was placed for bid will fill this role. Additionally, since it is skid-mounted, it can double as a water truck (to water the grassed areas, as well as control the dust on the Facility), and fertilizer/herbicide applicator. Analysis:The skid-mounted hydroseeder will allow the Solid Waste facility to maintain compliance with the grassing requirements of Georgia EPD. In addition, this will be paired with the roll-off truck previously purchased and make for efficient use of one vehicle. Further, this hydroseeder is better suited for the landfill than the current tow-behind model. The Solid Waste Department received one bid in response to bid item 08-183, Landfill Skid- Mounted Hydroseeder. Financial Impact:Adequate funds are available for the amount of $111,186.00 for purchase of the equipment. Alternatives:1. Recommend purchase of the hydroseeder per submitted bid. 2. Do not approve the award. Recommendation:Alternative 1. Funds are Available in the Following Accounts: Funds must be moved from 541-04-4210/5413130 to 541-04-4210/5421110 in an amount of $111,186. Cover Memo Item # 32 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 32 PO R T A B L E G E N E R A T O R S LA N D F I L L - S K I D M O U N T E D H Y D R O S E E D E R - B I D O P E N I N G 9 / 2 5 / 0 8 @ 1 1 : 0 0 Bi d 0 8 - 1 8 3 M a l c o m b In d u s t r i e s Ye a r 2 0 0 8 Ma k e Fi n n Mo d e l Ti t a n 3 3 0 De l i v e r y d a t e 10 A R O Bi d P r i c e $1 1 1 , 1 8 6 . 0 0 Attachment number 1 Page 1 of 1 Item # 32 Attachment number 2 Page 1 of 1 Item # 32 Attachment number 3 Page 1 of 1 Item # 32 Attachment number 4 Page 1 of 3 Item # 32 Attachment number 4 Page 2 of 3 Item # 32 Attachment number 4 Page 3 of 3 Item # 32 Commission Meeting Agenda 11/5/2008 2:00 PM Belfair Lakes, Section I Department:Engineering-Abie L. Ladson, P.E., Director Caption:Motion to approve the Deeds of Dedication, Road Resolutions and License Agreement submitted by the Engineering, and Augusta Utilities Departments for Belfair Lakes, Section I. (Approved by Engineering Services Committee October 27, 2008) Background:The final plat was approved by the Commission on December 18, 2001 . The subdivision design and plat, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed of same. Analysis:This section meets all codes, ordinances and standards. Portions of this subdivision lie within the jurisdiction boundaries of the Corps of Engineers wetlands, which are noted on the final plat. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia, for operation and maintenance. Financial Impact:By accepting these roads, water and sanitary sewer installations into the County system, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed, positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the Deeds of Dedication, Road Resolutions and License Agreement submitted by the Engineering, and Augusta Utilities Departments for Belfair Lakes, Section I. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time. REVIEWED AND APPROVED BY: Cover Memo Item # 33 Finance. Law. Administrator. Cover Memo Item # 33 Attachment number 1 Page 1 of 1 Item # 33 Attachment number 2 Page 1 of 1 Item # 33 Attachment number 3 Page 1 of 3 Item # 33 Attachment number 3 Page 2 of 3 Item # 33 Attachment number 3 Page 3 of 3 Item # 33 Attachment number 4 Page 1 of 3 Item # 33 Attachment number 4 Page 2 of 3 Item # 33 Attachment number 4 Page 3 of 3 Item # 33 Attachment number 5 Page 1 of 3 Item # 33 Attachment number 5 Page 2 of 3 Item # 33 Attachment number 5 Page 3 of 3 Item # 33 Attachment number 6 Page 1 of 5 Item # 33 Attachment number 6 Page 2 of 5 Item # 33 Attachment number 6 Page 3 of 5 Item # 33 Attachment number 6 Page 4 of 5 Item # 33 Attachment number 6 Page 5 of 5 Item # 33 Commission Meeting Agenda 11/5/2008 2:00 PM Condemnation -Permanent and Temporary Construction Easements Paul C. Smith (deceased) and Frances W. Smith Department:Attorney Caption:Motion to authorize condemnation to acquire title of a portion of property, designated as Tax Map 5 the Belair Hills Subdivision Improvement Project, for a permanent and temporary easement.(Appro Engineering Services Committee October 27, 2008) Background:The City has been unable acquire the necessary easements due to title issues. In order to proceed and delays, it is necessary to condemn a portion of subject property. The required property consists of 40 permanent drainage, utility and maintenance easement and 5,934 square feet of temporary construct The appraised value of the easements is $639.00. Analysis:Condemnation is necessary in order to acquire the easements. Financial Impact:The necessary costs will be covered by the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: Belair Hills Estates Subdivision Improvement Project 324041110-5411120/203824335-5411120 REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Item # 34 Commission Meeting Agenda 11/5/2008 2:00 PM Construction & Maintenance Amendment to include Speed Humps Department:Abie L. Ladson, PE, Director Caption:Motion to approve an ordinance to amend Title Seven, Article 2 of the Augusta-Richmond County Code titled “Construction and Maintenance” so as to add a provision for speed humps, to provide the guidelines for the construction, installation, and maintenance of speed humps for public and residential streets, to repeal all ordinances in conflict herewith; to provide an effective date and for other purposes as requested by the Traffic Engineering Department. (Approved by Engineering Servcies Committee October 27, 2008) Background:In response to numerous complaints concerning speeding in neighborhoods, the Augusta-Richmond County (Augusta) Engineering Department has studied other communities and how they have addressed residential speeding problems. One popular and cost effective measure is the installation of speed humps. When properly designed and installed along with strong community support, speed humps have been proven to be effective at reducing speeds in neighborhoods. After much experimentation and testing, the use of speed humps has been formally endorsed by transportation authorities worldwide. In the United States, a policy on the use of speed humps has been developed by a special committee of the Institute of Transportation Engineers. The following policy was adopted by the Augusta-Richmond County Commission pursuant to 2-5-16 of the Augusta-Richmond County Code for the citizens of Augusta who want to pursue the installation of speed humps for their neighborhoods. Analysis:n/a Financial Impact:The goal of this program is that it be a self-supporting by creating special assessment districts that will pay annual fees for maintenance. However, initial installation would be funded through capital outlay and reimbursed through the special districts. Alternatives:Motion to approve an ordinance to amend Title Seven, Article 2 of the Augusta-Richmond County Code Titled “Construction and Maintenance” so as to add a provision for speed humps, to provide the guidelines for the construction, installation, and maintenance of speed humps for public and residential streets, to repeal all ordinances in conflict herewith; to provide an effective date and for other purposes as requested by the Traffic Engineering Department. 2) do not approve Recommendation:Approve Cover Memo Item # 35 Funds are Available in the Following Accounts: 272041710/5414610 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 35 Attachment number 1 Page 1 of 11 Item # 35 Attachment number 1 Page 2 of 11 Item # 35 Attachment number 1 Page 3 of 11 Item # 35 Attachment number 1 Page 4 of 11 Item # 35 Attachment number 1 Page 5 of 11 Item # 35 Attachment number 1 Page 6 of 11 Item # 35 Attachment number 1 Page 7 of 11 Item # 35 Attachment number 1 Page 8 of 11 Item # 35 Attachment number 1 Page 9 of 11 Item # 35 Attachment number 1 Page 10 of 11 Item # 35 Attachment number 1 Page 11 of 11 Item # 35 Commission Meeting Agenda 11/5/2008 2:00 PM Design contract for Augusta Utilities Department project Fort Gordon - 1.0 Million Gallon Elevated Storage Tank Department:Augusta Utilities Department Caption:Motion to approve award of design contract to Johnson, Laschober & Associates, P.C. in the amount of $ 131,250.00 for the fee associated with designing the Fort Gordon - 1.0 Million Gallon Elevated Storage Tank Project. (Approved by Engineering Services Committee October 27, 2008) Background:The Privatization of Water/Wastewater Utilities contract between Fort Gordon and Augusta Richmond County was awarded September 2007. The requirements of the contract include executing the Initial Capital Upgrades (ICU) of the water and wastewater systems throughout the installation of Fort Gordon. One of the Initial Capital Upgrade projects is to provide a 1.0 Million Gallon Elevated Storage Tank. This project will consist of the design for a 1 million gallon elevated storage tank to be located within Fort Gordon. The design will include the site work, grading, drainage, yard piping, and appurtenances for the elevated storage tank. The design will also provide for the option of both a multi-leg steel tank with center riser and an alternate composite tank with single concrete steel support and steel tank. The purpose of the tank is to provide an additional 1 million gallon storage for the Augusta Utilities Department's 630 Water Pressure Zone System within Fort Gordon that will be needed to meet the demands and growth of the staffing of Fort Gordon, new housing on the campus of Fort Gordon, and the military facilities on Fort Gordon. Analysis:Augusta Utilities Department evaluated Johnson, Laschober & Associates, P.C proposal for engineering services to design the Fort Gordon - 1.0 Million Gallon Elevated Storage Tank Project. The proposal is considered fair and reasonable to accomplish the project. Financial Impact:The amount submitted for the design of this project was $131,250.00 . These funds are available from the following account: 507043410-5212115 Alternatives:1. Reject the award of the engineering contract, which would delay the design of the project and the subsequent construction of the Fort Gordon - 1.0 Million Gallon Elevated Storage Tank. 2. Award the engineering contract to Johnson, Laschober & Associates, P.C. to design the Fort Gordon - 1.0 Million Gallon Elevated Storage Tank Project. Recommendation:Recommend award of the design contract for the Fort Gordon - 1.0 Million Gallon Elevated Storage Tank Project to Johnson, Laschober & Associates, P.C. be approved at $131,250.00 Cover Memo Item # 36 Funds are Available in the Following Accounts: $131,250.00 from account 507043410-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 36 Item # 36 Item # 36 Item # 36 Item # 36 Item # 36 Item # 36 Item # 36 Item # 36 Item # 36 Item # 36 Item # 36 Item # 36 Item # 36 Item # 36 Attachment number 1 Page 15 of 15 Item # 36 Attachment number 2 Page 1 of 1 Item # 36 Commission Meeting Agenda 11/5/2008 2:00 PM Design contract for Augusta Utilities Department Project Fort Gordon - Raw Water Distribution System Department:Augusta Utilities Department Caption:Motion to approve design contract to Cranston Engineering Group, P.C. in the amount of $317,720.00 for the Fort Gordon - Raw Water Distribution System Project. (Approved by Engineering Servcies Committee October 27, 2008) Background:The Privatization of Water/Wastewater Utilities contract between Fort Gordon and Augusta Richmond County was awarded September 2007. The requirements of the contract include executing the Initial Capital Upgrades (ICU) of the water and wastewater systems throughout the installation of Fort Gordon. One of the Initial Capital Upgrade projects is to provide irrigation to several of the large facilities and the parade field within Fort Gordon. The Raw Water Distribution System will consist of 12" and 16" water main pipe that will be installed between the existing water treatment plant and the 2.5 million gallon stand pipe. There will also be a 10" water main pipe installed between Chamberlain Ave. and Eisenhower Medical Center. This installation will be approximately 31,000 linear feet of pipe combining the 10", 12", and 16" pipe. In addition, the existing water treatment plant will be used in a limited manner to provide pretreatment for the raw water system. The existing reservoir will be the source for the water and the existing raw water pumps will continue to be used to deliver the raw water to the plant. Analysis:Augusta Utilities Department evaluated Cranston Engineering Group’s proposal for engineering services to design the Fort Gordon - Raw Water Distribution System Project. The proposal was considered fair and reasonable to accomplish the project. Financial Impact:The amount submitted for the design of this project was $317,720.00. These funds are available from the following account: 507043410-5212115 / 88880071-5212115 Alternatives:1. Reject the award of the engineering contract, which would delay the design of the project and the construction of the Fort Gordon - Raw Water Distribution System Project. 2. Award the engineering contract to Cranston Engineering Group, P.C. to design the Fort Gordon - Raw Water Distribution System Project. Recommendation:Recommend award of the design contract for the Fort Gordon - Raw Water Distribution System Project to Cranston Engineering Group, P.C. be approved at $317,720.00 Cover Memo Item # 37 Funds are Available in the Following Accounts: $317,720.00 from account 507043410-5212115 / 88880071-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 37 Item # 37 Item # 37 Item # 37 Item # 37 Item # 37 Attachment number 1 Page 6 of 6 Item # 37 Attachment number 2 Page 1 of 3 Item # 37 Attachment number 2 Page 2 of 3 Item # 37 Attachment number 2 Page 3 of 3 Item # 37 Attachment number 3 Page 1 of 1 Item # 37 Commission Meeting Agenda 11/5/2008 2:00 PM Design Contract for Augusta Utilities Department Project Fort Gordon Eisenhower Hospital Area Gravity Sewer System Department:Augusta Utilities Department Caption:Motion to approve design contract to Stevenson & Palmer Engineering, Inc. in the amount of $348,733.00 for the Fort Gordon Eisenhower Hospital Area Gravity Sewer System./ (Approved by Engineering Services Committee October 27, 2008) Background:The Privatization of Water/Wastewater Utilities contract between Fort Gordon and Augusta Richmond County was awarded September 2007. The requirements of the contract include executing Initial Capital Upgrades (ICU) projects for the water and wastewater systems throughout Fort Gordon. One of the Initial Capital Upgrades is to provide 2 new sewer trunks and replace an existing Eisenhower Army Medical Center gravity sewer line which is several hundred feet long and falls into a regional lift station.The new sanitary sewer design will follow the natural topography down to the Butler Creek trunk sewer line which borders Fort Gordon's property. This project consists of installing two new gravity sewer trunk lines, totaling approximately 19,750 linear feet of both 8-inch and 10-inch sanitary sewer. Once the new sewer project is completed it will permit the closure of six existing lift stations and approximately 9,925 linear feet of existing force main. Analysis:Augusta Utilities Department evaluated Stevenson & Palmer Engineering proposal for engineering services to design the Fort Gordon Eisenhower Hospital Area Gravity Sewer. The proposal was considered fair and reasonable to accomplish the project. Financial Impact:The amount submitted for the design of this project was $348,733.00.These funds are available from account 507043410-5425110 / 88880102-5425110 Alternatives:1. Reject the award of the engineering contract, which would delay the design of the project and the installation of the Fort Gordon Eisenhower Hospital Area Gravity Sewer Conversion.2. Award the engineering contract to Stevenson & Palmer Engineering to design the Fort Gordon Eisenhower Hospital Area Gravity Sewer . Recommendation:Recommend award of the design contract for Fort Gordon Eisenhower Hospital Area Gravity Sewer to Stevenson & Palmer at $348,733.00 Funds are Available in the Following 507043410-5425110 / 88880102-5425110 from account $348,733.00 Cover Memo Item # 38 Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 38 Attachment number 1 Page 1 of 6 Item # 38 Attachment number 1 Page 2 of 6 Item # 38 Attachment number 1 Page 3 of 6 Item # 38 Attachment number 1 Page 4 of 6 Item # 38 Attachment number 1 Page 5 of 6 Item # 38 Attachment number 1 Page 6 of 6 Item # 38 Attachment number 2 Page 1 of 1 Item # 38 Commission Meeting Agenda 11/5/2008 2:00 PM Design Contract for Augusta Utilities Department Project Fort Gordon Water Meter and Backflow Device Replacements. Department:Augusta Utilities Department Caption:Motion to approve design contract to WK Dickson (WKD), Inc. in the amount of $52,850.00 for the Water Meters and Backflow Devices Replacements for Fort Gordon. (Approved by Engineering Services Committee October 28, 2008) Background:The Privatization of Water/Wastewater Utilities contract between Fort Gordon and Augusta Richmond County was awarded September 2007. The requirements of the contract include executing Initial Capital Upgrades (ICU) and Renewal & Replacement (R & R) projects for the water and wastewater systems throughout the installation of Fort Gordon. One of the Initial Capital Upgrade projects is to provide and up-grade Fort Gordon water meters. Also, one of the Renewal & Replacement projects is to provide and up-grade Fort Gordon backflow devices. Fort Gordon has approximately 85 water meters which are installed at various locations in and around buildings. In addition, there are 85 residential and commercial backflow devices previously installed by Fort Gordon requiring replacement by this project to help improved its backflow prevention program. WK Dickson will examine each site and develop a plan to relocate/replace these meters and backflow devices appropriately. Analysis:Augusta Utilities Department evaluated WK Dickson Inc proposal for engineering services to design the Water Meter and Backflow Replacements for Fort Gordon residential and commercial sites. The proposal was considered fair and reasonable to accomplish the project. Financial Impact:The amount submitted for the design of this project was $52,850.00. $30,000.00 from account 507043410-5212115 / 88880102-5212115 and $22,850.00 from account 507043410-5425110 / 88880102-5425110 Alternatives:1. Reject the award of the engineering contract, which would delay the design of the project and the installation of the Water Meter and Backflow Replacements for Fort Gordon residential and commercial sites. 2. Award the engineering contract to WK Dickson to design the Water Meter and Backflow Replacement for Fort Gordon residential and commercial sites Recommendation:Recommend award of the design contract for the Water Meter and Backflow Replacements for Fort Gordon residential and commercial sites to WK Dickson (WKD) at $52,850.00 Cover Memo Item # 39 Funds are Available in the Following Accounts: $30,000.00 from account 507043410-5212115 / 88880102-5212115 and $22,850.00 from account 507043410-5425110 / 88880102-5425110 =$52,850.00 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 39 October 9, 2008 Mr. Jerry Delaughter Assistant Director - Engineering Division Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, Georgia 30901 RE: Proposal for Professional Services Fort Gordon Water Meter and Backflow Devices RFQ #08-173 (Ref.#05-087) Dear Mr. Delaughter: WK Dickson (WKD) appreciates the opportunity to present our proposal to provide professional engi- neering and surveying services for the water meter and backflow replacement program at Fort Gordon. Please find enclosed for your review a scope of work, man-hour estimate for WKD services, and estimated construction costs for the proposed project. We look forward to working with you on this most important project and are ready to begin upon receipt of an executed agreement. We would welcome the opportunity to meet with you or your project manager and discuss any items in this proposal that need clarification. Sincerely, W.K. DICKSON & CO., INC. William G. Wingate III, P.E. Vice President Enc. 1450 Greene Street Suite 225 Augusta, GA 30901 Tel. 706.722.3479 Fax 706.722.6773 www.wkdickson.com Transportation x Water Resources x Urban Development x Geomatics Attachment number 1 Page 1 of 7 Item # 39 Mr. Jerry Delaughter October 9, 2008 Page 2 of 4 FORT GORDON WATER METER AND BACKFLOW DEVICES RFQ #08-173 (REF.#05-087) PROJECT SUMMARY Fort Gordon has approximately 85 water meters which are installed at various locations in and around buildings on the Post. In addition, there are residential and commercial backflow devices installed for convenience as the Post developed its backflow program. This project should inspect each site and develop a plan to provide an external meter and backflow device in order to more accurately identify the line of service for Augusta Utilities Department. SCOPE OF SERVICES WK Dickson (WKD) will assist Augusta Utilities Department (AUD) by performing the engineering and construction administration services to coordinate the replacement of the water meters and backflow devices as listed in Exhibit A. Below you will find the specific work items associated with this proposal and the associated fees and responsibilities. A. SITE EVALUATION AND MAPPING WKD proposes to complete field evaluations and related mapping for the proposed water meters and backflow devices. Work in this phase will include the following: x Inspect each water meter site to develop a plan for relocation and replacement. x Dimension each existing water meter and backflow device to be removed or abandoned in place. Inspect and dimension all new meter location outside the existing buildings in an area determined by AUD. x Develop construction strategies for the replacement of the water meters and backflow devices with AUD. B. UTILITY LOCATION WKD will locate visible above ground and subsurface utilities that are fifteen feet (15’) on either side of proposed pipe trench or meter replacement location. We will attempt to locate underground utilities such as water, sewer, and Stormwater with the assistance of Augusta Utilities Department and will map other underground utilities (such as gas, telephone, cable and power) as marked in the field by Fort Gordon’s internal utility locate service. WKD will facilitate the Fort Gordon utility locate process. C. ENGINEERING DESIGN Utilizing the design surveying, mapping and utility locations, final plans and specifications will be developed for the proposed replacement of the water meters and backflow devices. Work in this phase will include the following: Attachment number 1 Page 2 of 7 Item # 39 Mr. Jerry Delaughter October 9, 2008 Page 3 of 4 x Prepare a 24” x 36” drawing showing the overall locations of the existing meters to be relocated. x Prepare a 24” x 36” drawing showing the overall locations of the new relocated water meters and backflow devices. x Prepare drawings showing each water meter and backflow device to be replaced. A demolition and final plan will be created for each site all having horizontal and vertical dimensions adequate for a contractor to remove and install the new meter and backflow device. A photograph of the existing conditions will also be part of the final design package. x Prepare detail sheets for the installation of the water meters and backflow devices. x Evaluate and review with AUD the project scope and construction budget to confirm the design concept meets AUD standards. x Meet with other Utilities Companies that have services within the work area that may be affected by the new construction. x Review Plans and findings with AUD for concurrence. x Develop construction materials and labor estimates for the best and efficient construction option. x Show the necessary erosion control measures for the entire project and prepare erosion control details. x Prepare technical specifications on materials and workmanship. x Prepare construction cost estimates at each review stage 30%, 60%, 90%, and with the submittal of final documents. D. CONSTRUCTION BIDDING & NEGOTIATIONS Upon receiving the approvals from AUD, WKD will proceed with the Construction Bidding portion of the project consisting of the following tasks: x Coordinate with the City Purchasing Department to advertise the project. x Fax bid information to the City. x Attend one mandatory pre-bid meeting as a technical reference to the City. x Attend bid opening, review bids, and issue a recommendation for award. x If AUD elects to use a Contractor which has a daily rate for labor, WKD will assist AUD with the negotiations of the contract with the daily rate Contractor. E. CONSTRUCTION ADMINISTRATION WKD will perform the following tasks during construction: x Develop conformed contract documents to be used and forward to AUD for execution. x Attend a pre-construction meeting as a technical reference for AUD. x Recommend design changes as field conflicts arise. x Review and approve pay requests from the construction contractor (line of Communication will be construction contractor to resident observer to WKD to City). x Provide field visits to observe construction progress and make recommendations to AUD to resolve conflicts with existing field conditions. Attachment number 1 Page 3 of 7 Item # 39 Mr. Jerry Delaughter October 9, 2008 Page 4 of 4 x Provide monthly reports summarizing the work progress and construction conflicts. Provide clarification related to the plans/specifications throughout design and construction. x Provide electronic record drawings at completion of the project. This will be based on red line drawings from the contractor supplied by AUD. It is AUD’s intent to install the new meters in four phases up to twenty meters per phase in a twelve month construction period. DELIVERABLES WKD will provide the following deliverables: x 30-60-90-Final Construction Documents – 3 sets x An opinion of probable construction cost will be delivered at each stage of the plan development process – 3 sets. x Technical Specification & Contract Documents – Initially provided with the 60% Phase submittal. Specification and Contract Documents will be updated with each subsequent submittal – 3 sets. x Bidding and Negotiation support. x Periodic Construction Observation Services throughout the project. x Digital copy of record drawings after construction is complete – one set. PROJECT SCHEDULE Approximate time frames for delivery of the services are shown below. A detail project schedule will be provided before initiating services. Project schedules will include task-based scheduling, milestone dates, and estimated agency review periods. x Utility Locates 3-4 weeks x Survey and Mapping 1 week x 30% Phase: 2 weeks x 60% Phase: 2 weeks x 90% Phase: 2 weeks x Final (100%) Phase: 1 week COMPENSATION Basic Services: The City shall pay WK Dickson for services set forth in Scope of Services, the Lump Sum Fees as show in the attached Exhibit B: Man-Hour Summary and Fee Schedule. A percentage of the Lump Sum Fee will be billed on the last day of each month. The percentage billed will be the percentage of work estimated to be complete as of the day of billing. Attachment number 1 Page 4 of 7 Item # 39 EXHIBIT A - LIST OF METERS TO BE REPLACED AT FORT GORDON Contract Building Number Size Type Mfg Date Comments Meter #Location 1 AAFES 100 1''PD Hersey 9/8/2008 Gate 1 station back of bldg 2 Science Center 4''Turbo bdgr 9/8/2008 On right of rd past fisher hs 3 Animal Clinic 500 2''Turbo bdgr 9/8/2008 mechanical rm 4 Heli pad irr 300 4''Turbo bdgr 9/8/2008 1st meter far right of pad 5 Med Center 300 3''neptune 9/8/2008 2nd meter right of pad 7 Hospital Clinic 301 3''Turbo bdgr 9/8/2008 mechanical rm east end 8 Army med center 308 1.5''PD bdgr 9/8/2008 mechanical rm left of hosp 9 Lawn irr 310 4''Turbo sens 9/8/2008 meter box 10 EHH 319 3''Turbo bdgr 9/8/2008 mechanical rm 11 EAMC 320 3''Turbo bdgr mecanical rm 12 EAMC 357 1''PD bdgr 9/8/2008 under bldg 13 EAMH 358 1''PD bdgr 9/8/2008 under bldg left side 14 Med Center 300 Not used 15 Lawn irr ER 300 4''Turbo sens 9/8/2008 irrigation 16 Fisher House 280 1.5''PD bdgr 9/8/2008 irrigation right entrance 17 Fisher House 280 1.5''PD bdgr 9/8/2008 laundry/mechanical rm 18 33512 1.5''PD Invsy 9/5/2008 Behind Library Rice 19 O Club 36708 3''Turbo Rock 9/5/2008 right of bldg by dumpster 20 O Club 36708 2''u/k KENT 9/5/2008 2nd meter from dumpster 21 Ring Hall 36713 1''PD KENT 9/5/2008 by VOQ Sign 22 Med Center 38707 1.5''PD bdgr 9/5/2008 mechanical rm 23 Med Center 38711 1.5''PD bdgr 9/5/2008 mechanical rm 24 Med Center 38713 1.5''PD bdgr 9/5/2008 mechanical rm 25 Med Center 38715 2''Turbo bdgr 9/5/2008 ladys rm 26 Med Center 38717 2''Turbo bdgr 9/5/2008 ladys rm 27 Med Center 38801B 2''Turbo bdgr 9/5/2008 mens rm 28 Med Center 38802 1.5''PD bdgr 9/5/2008 mechanical rm 29 Med Center 38803 1.5''PD bdgr 9/5/2008 inside ladys rm 30 Med Center 39710 2''Turbo bdgr 9/5/2008 inside bldg 31 Med Center 39718 1.5''PD bdgr vacant restroom in bldg 32 Med Center 39719 vacant 33 Med Center 40701 1.5''PD bdgr 9/5/2008 Storage rm 41st St 34 Med Center 40707 1.5''PD bdgr Storage rm 41st St 35 Med Center 40709 1.5''PD bdgr 9/5/2008 Shower rm 36 Freedom Elementary 3''Turbo sens 9/4/2008 pit on brainard 37 AAFES 49300 2''PD bdgr 9/4/2008 Gate 5 station by tanks 38 EAMC 39103 vacant Vacant no access 39 EAMC 39109 3''Turbo bdgr 9/8/2008 Mechanical rm 40 TH ST Page 1 of 2 Attachment number 1 Page 5 of 7 Item # 39 EXHIBIT A - LIST OF METERS TO BE REPLACED AT FORT GORDON Contract Building Number Size Type Mfg Date Comments Meter #Location 40 New PX 38200 2''PD bdgr 9/4/2008 Mechanical rm 41 Commissary 37200 3''Turbo bdgr 9/8/2008 Mechanical rm 42 Bowling Center 33200 2''PD KENT 9/4/2008 Mechanical rm 43 DCA 32200 2''PD sens 9/4/2008 Right side of bldg 44 Class 6 31300 2''Turbo Rock 9/4/2008 Pit on 31st 45 New Car Wash 2''PD sens 9/4/2008 Lane & 31st 46 Burger King 35402 2''PD sens 9/5/2008 Ave of states 47 Barracks 28435 3''Turbo sens 9/5/2008 mechanical rm 48 Barracks 24404 3''Turbo sens 9/5/2008 Mechanical rm 49 24414 under bldg 50 Dental Clinic 25501 3''Turbo bdgr 9/5/2008 mechanical rm 25th st 51 25705 1.5''PD Rock 9/5/2008 pit on west end 52 Barracks 25708 3''Turbo bdgr 9/5/2008 Mechanical rm 53 AAFES 25711 2''PD sens 9/5/2008 26th St Burger King 54 Blood Bank 25712 2''Turbo bdgr 9/5/2008 mechanical rm 27th st 55 Health Clinic 21712 2''Turbo nep 9/5/2008 mechanical rm 22nd st 56 Med Center 29605 1.5''PD bdgr 9/5/2008 mechanical rm barnes 57 Clinic 29709 3''Turbo bdgr 9/5/2008 mechanical rm 58 Signal Towers 29808 2''PD bdgr 9/8/2008 In mechanical rm. Basement 59 Gordon Club 18400 3''Turbo bdgr 9/3/2008 rear on 19th 60 Bingo Palace 15500 5/8''PD KENT 9/3/2008 61 81st reserve 14401 3''Turbo sens 9/3/2008 Mechanical rm 62 13401 3'' Turbo bdgr 9/3/2008 by X-ing sign 63 RTS MED 14308 2''PD sens 9/3/2008 15th & lane 64 Gordon Lakes 531 1''PD bdgr 9/3/2008 65 Gordon Lakes 537 2''PD bdgr 9/3/2008 rear of bldg 66 Stables 509 No meter 67 New NSA Bldg T-7000 3''Turbo sens 9/3/2008 15th st meter box 68 Gate 1 master meter 18''Mag Krohn 9/2/2008 behind gas st on trail 69 Gate 5 master meter 20''Mag Krohn 9/2/2008 Story dr Gordon Terr. 80 McNair Terrace 8''Mag rose 9/2/2008 Brainard entrance 81 Augusta Med Corrections 4''Turbo U/K 9/2/2008 Gate 3 @ Backflow TOTAL METERS TO BE REPLACED = 70 Page 2 of 2 Attachment number 1 Page 6 of 7 Item # 39 Project:WKD No:M2000.WS.AG Fort Gordon Water Meter & Backflow Replacement Project Client:Date:10/01/08 Augusta Utilities Department Augusta, Georgia Ta s k N o . Phase Description To t a l M a n h o u r s Pr i n c i p a l E n g i n e e r Sr . P r o j e c t M a n a g e r En g i n e e r Ca d d T e c h Fie l d D a t a Ad m i n i s t r a t i v e A s s i t . A.Site Evaluation and Mapping 110 4 16 16 0 70 4 B.Utility Location 10 0 2 6 0 0 2 C.Engineering Design 254 8 18 180 40 0 8 D.Construction Bidding 35 3 8 16 0 0 8 E.Construction Administration 80 8 32 32 0 0 8 F.Electrical Design 16 0 16 0 0 0 0 TOTALS HOURS:505 23 92 250 40 70 30 Rates Phase Description TOTAL DIRECT COST TOTAL PHASE COSTS A.Site Evaluation and Mapping 11,250$ -$ 11,250$ B.Utility Location 980$ -$ 980$ C.Engineering Design 25,640$ -$ 25,640$ D.Construction Bidding 3,540$ -$ 3,540$ E.Construction Administration 9,200$ -$ 9,200$ F.Electrical Design 2,240$ -$ 2,240$ TOTAL ESTIMATED COST =52,850$ % 0F TOTAL TOTAL ESTIMATED COST FOR METER REPLACEMENTS=30,000$ 56.8% TOTAL ESTIMATED COST FOR BACKFLOW DEVICES=22,850$ 43.2% TOTAL ESTIMATED COST =52,850$ 100.0% Man-hour Summary EXHIBIT B: Man-Hour Summary TOTAL LABOR Page 1 of 1 Attachment number 1 Page 7 of 7 Item # 39 Attachment number 2 Page 1 of 1 Item # 39 Commission Meeting Agenda 11/5/2008 2:00 PM Design contract for Augusta Utilities Department project Water Main Replacements for Fort Gordon Recreation Area at Thurmond Lake Department:Augusta Utilities Department Caption:Motion to approve design contract to Khafra Engineering Consultants, Inc. in the amount of $147,753.00 for the Water Main Replacements for Fort Gordon Recreation Area at Thurmond Lake Project. (Approved by Engineering Services Committee October 27, 2008) Background:The privatization of water/wastewater utilities contract between Fort Gordon and Augusta Richmond County was awarded September 2007. The requirements of the contract include executing the Initial Capital Upgrades (ICU) of the water and wastewater systems throughout the installation of Fort Gordon. One of the Initial Capital Upgrade projects is to provide water main replacements for the Fort Gordon Recreational Area at Thurmond Lake. This project is being design to replace the existing 3" water main with an 8" water main that will allow adequate water supply to the area. The design will connect the new 8" water main to a Columbia County owned 12" water main near the intersection of Pike Avenue and Washington Road, and extend approximately 8,300 linear feet of 8" water main throughout the recreational area with service connections, fire hydrants, backflow prevention devices, and an auto flushing device. The design will also provide approximately 5,000 additional linear feet of 6" water main to serve the housing within the recreation area with water, and sufficient flow for fire protection. Analysis:Augusta Utilities Department evaluated Khafra Engineering Consultants, Inc. proposal for engineering services to design the Water Main Replacements for Fort Gordon Recreation Area at Thurmond Lake Project. The proposal was considered fair and reasonable to accomplish the project. Financial Impact:The amount submitted for the design of this project was $147,753.00. These funds are available from the following account: 507043410-5212115 Alternatives:1. Reject the award of the engineering contract, which would delay the design of the project and the construction of the Water Main Replacements for Fort Gordon Recreation Area at Thurmond Lake Project. 2. Award the engineering contract to Khafra Engineering Consultants, Inc. to design the Water Main Replacements for Fort Gordon Recreation Area at Thurmond Lake Project. Recommendation: Recommend award of the design contract for the Water Main Replacements for Fort Gordon Recreation Area at Thurmond Lake to Khafra Engineering Cover Memo Item # 40 Consultants, Inc. be approved at $147,753.00 Funds are Available in the Following Accounts: $147,753.00 from account 507043410-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Commission Meeting Agenda 11/5/2008 2:00 PM Design Contract for Fort Gordon Wastewater Connection (Force Main and Lift Station) Department:Augusta Utilities Department Caption:Motion to approve award of a design contract in the amount of $397,632.00 to ZEL Engineers for a wastewater connection (Force Main & Lift Station system) at Fort Gordon. (Approved by Engineering Services Committee October 27, 2008) Background:The Municipal Services Agreement (MSA) contract between the Augusta Richmond County and Fort Gordon was awarded September 2006. A requirement of the contract is to provide the wastewater connection from Fort Gordon to Augusta Richmond County wastewater collection system. This project design will provide this service by conveying the sewage flow to the Augusta Utilities Department (AUD) Butler Creek trunk sewer main via a pump station and force main. AUD will receive sewage from Fort Gordon through approximately 24,000 feet of properly sized sewage force main that will operate under low-head conditions during most operations. The proposed route will travel through firebreaks, across Highway 1, and then follow Spirit Creek to minimize environmental impacts along the route. The force main will be connected to the existing Fort Gordon collection system through a lift station that will be designed to operate both as a siphon station and as a normal lift station. The lift station will be designed to accommodate normal flows and to store high flows in order to meet the variable flow conditions currently exhibited on Fort Gordon. This proposal includes separate bid packages for the force main and lift station. Analysis:AUD evaluated ZEL Engineers proposal for engineering services to design the Fort Gordon wastewater connection (Force main/Lift Station). This proposal is considered fair and reasonable to accomplish the project. Financial Impact:The design proposal submitted for this project was $397,632.00. These funds are available from the following accounts: 507043420-5212115 Alternatives:1. Rejection of this award would delay the design and the subsequent construction of the wastewater connection ( Force Main and Lift Station) delaying revenue for the Augusta Richmond County. 2. Award the design contract to ZEL Engineers Recommendation:Recommend award of the design contract to ZEL Engineers in the amount of $ 397,632.00. Funds are Available in the Following $397,632.00 from account 507043420-5212115 Cover Memo Item # 41 Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 41 Attachment number 1 Page 1 of 7 Item # 41 Attachment number 1 Page 2 of 7 Item # 41 Attachment number 1 Page 3 of 7 Item # 41 Attachment number 1 Page 4 of 7 Item # 41 Attachment number 1 Page 5 of 7 Item # 41 Attachment number 1 Page 6 of 7 Item # 41 Engineering and Preliminary Construction Schedule Fort Gordon Pump Station & Siphon Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Regulatory Combined 4 Preliminary Engineering Combined 4 Pump Station 3 Pipeline 3 Pump Station 3 Pipeline 3 Pump Station 10 Pipeline 12 Engineering During Construction Services Contract #Service Category Design Bid Assistance Services 2008 2009 2010Time (Months) Municipal Engineering Water Plants – Distribution Wastewater Plants – Collection Investigations – Planning Studies Recreational Facilities Industrial Parks – Roadways Civil – Structural – Mechanical Electrical & Instrumentation Joseph J. Tankersley, P. E. Jorge E. Jiménez, P. E. Charles D. Drown, P. E. Stacey W. Gordon, P. E. Frank W. Byne, P. E. Kenneth M. Wardenski, EIT, MCSE Founded 1946 Zimmerman, Evans and Leopold, inc. (706) 724-5627 – FAX (706) 724-5789 435 Telfair Street Augusta, Ga. 30901-2494 Item # 41 Attachment number 2 Page 1 of 1 Item # 41 Commission Meeting Agenda 11/5/2008 2:00 PM Lover's Lane Evacuation Route Contract Award/Change Number One Department:Abie L. Ladson, PE, Director Caption: Motion to approve Change Number One in the amount of $348,950.00 with funding of $348,950.00 From SPLOST Phase III Recapture for project construction. Also approve award of construction contract to Mabus Brothers Construction Co., Inc. The amount of $348,950.00 for the Lover’s Lane Evacuation Route project CPB #323-041110-207823001, subject to receipt of signed contracts and proper bonds as requested by the Engineering Department. (Approved by Engineering Services Committee October 27, 2008) Background:The Lover’s Lane Evacuation Route is a project that was initiated by Augusta-Richmond County and Georgia Department of Transportation (GDOT). The purpose of this project was to provide emergency access to motorist located in the area of the Columbia Nitrogen Industrial District in the case one or more industries located along Columbia Nitrogen Rd. has a major plant accident. Motorist would be able to access Lover’s Lane Evacuation Route from both the east and west side of I-520. GDOT has agreed to fund all or portions of construction for this project, provided that Augusta-Richmond County produces the Engineering/Design plans and Land Acquisition. Analysis:Bids were received on August 28, 2008 with MABUS Brothers Construction, Inc. being the low bidder. Bids results are as follow: CONTRACTORS BID 1. Mabus Brothers Const., Co. 348,950.00 2. Construction Perfected, Inc. $349,775.56 3. Beams Construction Co., Inc. $357,332.36 4. Reeves Construction Co., Inc. $368,543.00 5. Blair Construction, Inc. $487,791.15 Its is the Engineering Department recommendation to award this project to the low bidder, Mabus Brothers Construction Co., Inc. subject to receipt of proper bonds. Financial Impact:Funds will become available in the construction budget upon Commission approval from account number 323-041110-6011110/296823333-6011110. Alternatives:1) Approve change number one in the amount of $348,950.00 with fundings of $348,950.00 from SPLOST Phase III Recapture for project construction. Also approve award of construction contract to Mabus Brothers Construction Co., Inc. in the amount of $348,950.00 for the Lover’s Lane Evacuation Route Project CPB #323-041110-207823001, subject to receipt of signed contracts and proper bonds as requested by the Engineering Department . 2) Do not approve and eliminate project. Cover Memo Item # 42 Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 323-041110-6011110 /296823333-6011110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 42 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET LOVER'S LANE EVACUATION ROUTE CHANGE NUMBER ONE Capital Project Budget is hereby authorized: Section 1: This project is authorized to CPB#323-041110-207823001. This project proposes to provide emergency access to motorist located in the Columbia Nitrogen Industrial District. Motorist Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase III Recapture $6,400 Special 1% Sales Tax, Phase III Recapture $348,950 $355,350 Section 3: The following amounts are appropriated for the project: CPB#323-041110-207823001 BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following would be able to access Lover's Lane Evacuation route from both the east and west side of I-520. DO NOT PROCESS THIS DOCUMENT. (once approved by the Commission Engineering will send the original document(s) for execution to the Clerk of Commission Office. For questions please contact Engineering at ext 5070. ) Section 3: The following amounts are appropriated for the project: By Basin By District Raes Creek $355,350 Raes Creek $355,350 Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved ____________________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Honorable Deke Copenhaver, Mayor Attachment number 1 Page 1 of 2 Item # 42 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET LOVER'S LANE EVACUATION ROUTE CHANGE NUMBER ONE CPB#323-041110-207823001 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPLOST PHASE III RECAPTURE 323-04-296823333 ($355,350)($355,350) TOTAL SOURCES:($355,350) $0 ($355,350) USE OF FUNDS RIGHT OF WAY 323-04-1110-5411120-207823001 $6,400 $0 $6,400 CONSTRUCTIONCONSTRUCTION 323-04-1110-5414710-207823001 $348,950 $0 $348,950 TOTAL USES:$355,350 $0 $355,350 Attachment number 1 Page 2 of 2 Item # 42 Attachment number 2 Page 1 of 1 Item # 42 Attachment number 3 Page 1 of 1 Item # 42 Attachment number 4 Page 1 of 1 Item # 42 WINDSOR SPRING ROAD EXTENSION UNIT ITEM NO.DESCRIPTION UNIT QTY PRICE AMOUNT 150-1000 TRAFFIC CONTROL LS 1 150-XXXX RAILROAD FLAGGER LS 1 163-2051 CONSTRUCT, MAINTAIN, AND REMOVE BALED STRAW EROSION CHECK LF 100 171-0010 TEMPORARY SILT FENCE (TYPE "A") LF 3030 228-1000 GRADING MODIFIED, INCL. HAUL MI 0.16 230-1000 LUMP SUM CONSTRUCTION LS 1 310-1101 GR AGGR BASE CRS, INCL MATL TN 900 318-3000 AGGREGATE SURFACE COURSE TN 100 402-1812 ASPH CONC LEVELING, INCL BITUM MATL & H LIME TN 200 402-3121 RECYCLED ASPH CONC 25 MM SUPERPAVE, GP1 OR GP 2 ONLY, INCL BITUM MATL/ H LIME TN 625 402-3130 RECYCLED ASPH CONC 12.5 MM SUPERPAVE, GP 2 ONLY, INCL BITUM MATL/ H LIME TN 425 413-1000 BITUM TACK COAT GAL 300 441-0016 DRIVEWAY CONCRETE, 6 IN THICK SY 300 441-0104 CONC SIDEWALK, 4 IN SY 800 441-4020 CONC VALLEY GUTTER, 6 IN SY 240 441-6022 CONC CURB & GUTTER, 6 IN X 30 IN, TP2 LF 2750 500-3200 CLASS "B" CONCRETE CY 30 500-3200 CLASS "B" CONCRETE (MISCELLANEOUS)CY 10 550-1080 STORM DRAIN PIPE, 8 IN, H= 1-10 LF 200 550-1120 STORM DRAIN PIPE, 12 IN, H= 1-10 LF 200 550-1150 STORM DRAIN PIPE, 15 IN, H= 1-10 LF 200 550-1180 STORM DRAIN PIPE, 8 IN, H= 1-10 LF 1000 610-0200 REM CH LK FENCE, ALL SIZES & TYPES LF 743 P-9 Attachment number 5 Page 1 of 4 Item # 42 WINDSOR SPRING ROAD EXTENSION UNIT ITEM NO.DESCRIPTION UNIT QTY PRICE AMOUNT 610-0220 REM WOOD FENCE LF 565 611-4001 RECONSTRUCT MINOR DRAINAGE STRUCTUREEA 1 611-5029 RESET CH LK FENCE, ALL SIZES & TYPESLF 743 611-5030 RESET WOOD FENCE LF 585 611-8050 ADJUST MANHOLE TO GRADE EA 3 611-8055 ADJUST MINOR STRUCTURE TO GRADE EA 3 611-8120 ADJUST WATER METER TO GRADE EA 1 611-8140 ADJUST WATER VALVE BOX TO GRADE EA 3 611-9000 CAPPING MINOR STRUCTURE EA 1 636-1020 HIGHWAY SIGNS, TP1 MATL., REFL SHEETING, TP 3 SF 14 636-1031 HIGHWAY SIGNS, TP1 MATL., REFL SHEETING, TP 6 SF 53 636-1032 HIGHWAY SIGNS, TP2 MATL., REFL SHEETING, TP6 SF 9 636-2010 GALV STEEL POSTS, TP1 LF 200 653-0100 THERMOPLASTIC PVMT MARKING, RR/HWY CROSSING SIGNAL EA 2 653-0120 THERMOPLASTIC PVMT MARKING, ARROW, TP2 EA 4 653-1501 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE LF 140 653-1502 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW LF 2400 653-1704 THERMOPLASTIC SOLID TRAF STRIPE, 24 IN, WHITE LF 200 653-1804 THERMOPLASTIC SOLID TRAF STRIPE, 8 IN, WHITE LF 250 654-1001 RAISED PAVEMENT MARKERS, TP1 EA 40 654-1003 RAISED PAVEMENT MARKERS, TP3 EA 4 668-1100 CATCH BASIN, GP1 LF 5 666-1110 CATCH BASIN, GP1, ADDL DEPTH LF 1 P-9 Attachment number 5 Page 2 of 4 Item # 42 WINDSOR SPRING ROAD EXTENSION UNIT ITEM NO.DESCRIPTION UNIT QTY PRICE AMOUNT 668-2200 DROP INLET, GP2 EA 1 668-2210 DROP INLET, GP2, ADDL DEPTH LF 7 668-4300 STORM SEWER MANHOLE, TP1 EA 2 668-7015 DRAIN INLET, 15 IN EA 11 670-1061 WATER MAIN, OFFSET, 6" COMPLETE EA 680 670-1161 WATER MAIN, OFFSET, 16" COMPLETE EA 120 670-1181 WATER MAIN, OFFSET, 18" COMPLETE EA 300 670-9710 RELOCATE EXIST FIRE HYDRANT EA 2 670-9720 RELOCATE EXIST WATER VALVE, INCL BOXEA 2 700-5000 GRASSING, COMPLETE (1.5 AC.) LS 1 PROJECT COST P-9 Attachment number 5 Page 3 of 4 Item # 42 WA R R E N R O A D I M P R O V E M E N T S Pr o j e c t N u m b e r : 3 2 4 - 0 4 - 2 9 6 8 2 3 3 1 4 IT E M N O . DE S C R I P T I O N UN I T Q T Y U N I T P R I C E T O T A L U N I T P R I C E T O T A L U N I T P R I C E T O T A L U N I T P R I C E T O T A L U N I T P R I C E T O T A L U NI T P R I C E T O T A L 00 0 - 0 0 0 0 R.C . P . P I P E 8 0 ’ O F 2 4 ” LF 80 $5 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 5 4 . 2 0 $ 4 , 3 3 6 . 0 0 $ 4 3 . 1 0 $ 3 , 4 4 8 . 0 0 $ 8 7 . 7 3 $ 7 , 0 1 8 . 4 0 $ 4 7 . 2 7 $ 3 , 7 8 1 . 6 0 $ 3 8 . 5 0 $ 3 , 0 8 0 . 0 0 00 0 - 0 0 0 0 HE A D W A L L S EA 2 $ 2 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 2 , 4 1 5 . 5 8 $ 4 , 8 3 1 . 1 6 $ 1 , 3 9 5 . 0 0 $ 2 , 7 9 0 . 0 0 $ 2 , 0 5 1 . 1 0 $ 4 , 1 0 2 . 2 0 $ 1 , 3 9 1 . 9 4 $ 2 , 7 8 3 . 8 8 $ 2 , 9 0 0 . 0 0 $ 5 , 8 0 0 . 0 0 00 1 - 1 0 0 0 FO R C E A C C O U N T LS 1 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 ,0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 15 0 - 1 0 0 0 TR A F F I C C O N T R O L LS 1 $ 5 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 6 , 5 2 8 . 0 0 $ 6 , 5 2 8 . 0 0 $ 4 , 9 0 0 . 0 0 $ 4 , 9 0 0 . 0 0 $ 5 , 5 6 5 . 0 0 $ 5 , 5 6 5 . 0 0 $ 3 , 4 2 0 . 0 0 $ 3 , 4 2 0 . 0 0 $ 15 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 16 3 - 0 2 3 2 TE M P O R A R Y G R A S S I N G AC 1 $ 5 5 9 . 0 0 $ 5 5 9 . 0 0 $ 1 , 0 5 0 . 0 0 $ 1 , 0 5 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 1 , 5 9 0 . 0 0 $ 1 , 5 9 0 . 0 0 $ 1 , 1 4 0 . 0 0 $ 1 , 1 4 0 . 0 0 $ 8 5 0 . 0 0 $ 8 5 0 . 0 0 16 3 - 0 2 4 0 MU L C H / U S E M A T T I N G TN 3 $ 5 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $ 5 2 5 . 0 0 $ 1 , 5 7 5 . 0 0 $ 5 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $ 7 9 5 . 0 0 $ 2 , 3 8 5 . 0 0 $ 5 7 0 . 0 0 $ 1 , 7 1 0 . 0 0 $ 7 0 0 . 0 0 $ 2 , 1 0 0 . 0 0 16 3 - 0 3 0 0 CO N S T R U C T I O N E X I T EA 1 $ 5 6 0 . 0 0 $ 5 6 0 . 0 0 $ 1 , 2 8 5 . 0 0 $ 1 , 2 8 5 . 0 0 $ 1 , 9 0 0 . 0 0 $ 1 , 9 0 0 . 0 0 $ 2 , 1 4 6 . 5 0 $ 2 , 1 4 6 . 5 0 $ 1 , 7 1 0 . 0 0 $ 1 , 7 1 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 16 5 - 0 0 3 0 MA I N T . O F T E M P S I L T F E N C E . T P C L F 2, 6 0 0 $ 1 . 6 2 $ 4 , 2 1 2 . 0 0 $ 1 . 0 3 $ 2 , 6 7 8 . 0 0 $ 1 . 0 0 $ 2 , 6 0 0 . 0 0 $ 0 . 3 9 $ 1 , 0 1 4 . 0 0 $ 1 . 1 4 $ 2 , 9 6 4 . 0 0 $ 0 . 7 5 $ 1 , 9 5 0 . 0 0 17 1 - 0 0 3 0 TE M P O R A R Y S I L T F E N C E , T P C L F 2, 6 0 0 $ 3 . 7 5 $ 9 , 7 5 0 . 0 0 $ 3 . 4 1 $ 8 , 8 6 6 . 0 0 $ 3 . 2 5 $ 8 , 4 5 0 . 0 0 $ 5 . 1 6 $ 1 3 , 4 1 6 . 0 0 $ 3 . 7 1 $ 9 , 6 4 6 . 00 $ 3 . 5 0 $ 9 , 1 0 0 . 0 0 20 1 - 1 5 0 0 CL E A R I N G A N D G R U B B I N G LS 1 $ 1 5 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 $ 8 , 4 0 0 . 0 0 $ 8 , 4 0 0 . 0 0 $ 1 5 , 3 0 0 . 0 0 $ 1 5 , 3 0 0 . 0 0 $ 7 , 9 5 0 . 0 0 $ 7 , 9 5 0 . 0 0 $ 6 , 8 4 0 . 0 0 $ 6 , 8 4 0 . 0 0 $ 3,0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 20 8 - 0 1 0 0 IN – P L A C E E M B A N K M E N T ( F U L L ) C Y 7, 7 6 0 $ 5 2 . 0 0 $ 4 0 3 , 5 2 0 . 0 0 $ 1 0 . 1 2 $ 7 8 , 5 3 1 . 2 0 $ 8 . 0 0 $ 6 2 , 0 8 0 . 0 0 $ 6 . 2 8 $ 4 8 , 7 3 2 . 8 0 $ 8 . 8 3 $ 6 8 , 5 2 0 . 8 0 $ 5 . 7 5 $ 4 4 , 6 2 0 . 0 0 21 0 - 0 1 0 0 GR A D I N G C O M P L E T E LS 1 $ 4 0 , 0 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 $ 3 8 , 8 0 4 . 0 0 $ 3 8 , 8 0 4 . 0 0 $ 5 6 , 5 0 0 . 0 0 $ 5 6 , 5 0 0 . 0 0 $ 1 3 1 , 5 7 2 . 8 5 $ 1 3 1 , 5 7 2 . 8 5 $ 2 1 , 8 7 0 . 8 8 $ 2 1 , 8 7 0 . 8 8 $ 3 0 ,0 7 5 . 0 0 $ 3 0 , 0 7 5 . 0 0 31 0 - 5 0 8 0 GR , A G G R , B A S E S R S , 1 2 I N , I N C L . , M A T E R I A L S Y 2, 3 0 0 $ 1 0 . 5 0 $ 2 4 , 1 5 0 . 0 0 $ 1 0 . 0 4 $ 2 3 , 0 9 2 . 0 0 $ 1 1 . 8 0 $ 2 7 , 1 4 0 . 0 0 $ 1 8 . 3 9 $ 4 2 , 2 9 7 . 0 0 $ 1 0 . 8 0 $ 2 4 , 8 4 0 . 0 0 $ 8 . 1 5 $ 1 8 , 7 4 5 . 0 0 40 2 - 3 1 0 0 RE C Y C L E D A S P H A L T C O N C . 9 . 5 M M S U P E R P A V E S Y 2, 5 0 0 $ 1 0 . 0 0 $ 2 5 , 0 0 0 . 0 0 $ 5 . 9 8 $ 1 4 , 9 5 0 . 0 0 $ 6 . 7 5 $ 1 6 , 8 7 5 . 0 0 $ 9 . 5 4 $ 2 3 , 8 5 0 . 0 0 $ 7 . 4 0 $ 1 8 , 5 0 0 .0 0 $ 7 . 3 5 $ 1 8 , 3 7 5 . 0 0 40 2 - 4 5 1 0 RE C Y C L E D A S P H A L T C O N C . 1 9 M M S U P E R P A V E S Y 2, 5 0 0 $ 1 5 . 0 0 $ 3 7 , 5 0 0 . 0 0 $ 1 0 . 0 4 $ 2 5 , 1 0 0 . 0 0 $ 1 0 . 6 0 $ 2 6 , 5 0 0 . 0 0 $ 1 5 . 2 9 $ 3 8 , 2 2 5 . 0 0 $ 1 3 . 4 0 $ 3 3 , 5 0 0 . 0 0 $ 1 2 . 4 4 $ 3 1 , 1 0 0 . 0 0 40 2 - 4 5 1 0 RE C Y C L E D A S P H A L T C O N C . 2 5 M M S U P E R P A V E S Y 2, 5 0 0 $ 2 7 . 0 0 $ 6 7 , 5 0 0 . 0 0 $ 1 8 . 8 4 $ 4 7 , 1 0 0 . 0 0 $ 1 9 . 2 0 $ 4 8 , 0 0 0 . 0 0 $ 2 7 . 4 7 $ 6 8 , 6 7 5 . 0 0 $ 2 4 . 7 8 $ 6 1 , 9 5 0 . 0 0 $ 2 2 . 9 9 $ 5 7 , 4 7 5 . 0 0 60 3 - 2 0 1 2 ST O N E D U M P E D R I P R A P , T P 1 , 1 2 I N . S Y 50 0 $ 3 6 . 7 0 $ 1 8 , 3 5 0 . 0 0 $ 2 6 . 8 2 $ 1 3 , 4 1 0 . 0 0 $ 3 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 $ 2 4 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 2 2 . 8 0 $ 1 1 , 4 0 0 . 0 0 $ 6 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 65 3 - 1 5 0 1 TH E R M O P L A S T I C S O L I D T R A F F I C S T R I P E , 5 I N . , W H I T E L F 1, 2 0 0 $ 0 . 5 3 $ 6 3 6 . 0 0 $ 1 . 0 5 $ 1 , 2 6 0 . 0 0 $ 1 . 0 0 $ 1 , 2 0 0 . 0 0 $ 1 . 5 9 $ 1 , 9 0 8 . 0 0 $ 1 . 1 4 $ 1 , 3 6 8 . 00 $ 1 . 1 0 $ 1 , 3 2 0 . 0 0 65 3 - 1 5 0 2 TH E R M O P L A S T I C S O L I D T R A F F I C S T R I P E , 5 I N . , Y E L L O W L F 1, 2 0 0 $ 0 . 5 3 $ 6 3 6 . 0 0 $ 1 . 0 5 $ 1 , 2 6 0 . 0 0 $ 1 . 0 0 $ 1 , 2 0 0 . 0 0 $ 1 . 5 9 $ 1 , 9 0 8 . 0 0 $ 1 . 1 4 $ 1 , 3 6 8 . 00 $ 1 . 1 0 $ 1 , 3 2 0 . 0 0 70 0 - 6 9 1 0 PE R M A N E N T G R A S S I N G AC 1. 2 $ 1 , 0 2 0 . 0 0 $ 1 , 2 2 4 . 0 0 $ 1 , 8 9 0 . 0 0 $ 2 , 2 6 8 . 0 0 $ 1 , 8 0 0 . 0 0 $ 2 , 1 6 0 . 0 0 $ 2 , 8 6 2 . 0 0 $ 3 , 4 3 4 . 4 0 $ 2 , 0 5 2 . 0 0 $ 2 , 4 6 2 . 4 0 $ 1 , 7 0 0 . 0 0 $ 2 , 0 4 0 . 0 0 $ 7 3 3 , 0 9 7 . 0 0 $ 3 5 5 , 3 2 4 . 3 6 $ 3 6 8 , 5 4 3 . 0 0 $ 4 8 7 , 7 9 0 . 1 5 $ 3 4 9 , 7 7 5 . 5 6 $ 3 4 8 , 9 5 0 . 0 0 Re e v e s C o n s t r u c t i o n C o , I n c . B l a i r C o n s t r u c t i o n , I n c C o n s t r u c t i o n P e r f e c t e d , I n c . Ma b u s B r o t h e r s C o n s t r u c t i o n Co m p a n y , I n c . BI D T A B U L A T I O N S En g i n e e r ' s E s t i m a t e B e a m ' s C o n t r a c t i n g , I n c Attachment number 5 Page 4 of 4 Item # 42 Attachment number 6 Page 1 of 2 Item # 42 Attachment number 6 Page 2 of 2 Item # 42 Attachment number 7 Page 1 of 1 Item # 42 Commission Meeting Agenda 11/5/2008 2:00 PM Property Condemnation - 3486 Peach Orchard Road - 60107 Butler Creek Upgrade East Department:Attorney Caption:Motion to authorize condemnation to acquire title of a portion of property, designated as Tax Map 144, Parcel 001 located at 3486 Peach Orchard Road for a permanent and temporary easement for the Butler Creek Upgrade East Project. (Approved by Engineering Services Committee October 27, 2008) Background:The City has been unable to reach an agreement with property owners. In order to proceed and avoid further delays, it is necessary to condemn a portion of subject property. The required property consists of 33,578 square feet of permanent easement and 24,274 square feet of temporary easement. The appraised value of the easements is $9,609.00. Analysis:Condemnation is necessary in order to acquire the easements. Financial Impact:The necessary costs will be covered by the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: 60107 Butler Creek Upgrade East 511043420-5411120/80360107-5411120 REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Item # 43 Commission Meeting Agenda 11/5/2008 2:00 PM Proposal from Heery International, Inc. to Perform Space Planning and Programming Services for Municipal Building Renovations Department:Public Services Department - Facilities Management Division Caption:Motion to approve proposal from Heery International, Inc. for Programming Verification and Space Planning Services for the renovations to the Augusta-Richmond County Municipal Building. (Approved by Engineering Services Committee October 27, 2008) Background:When the Augusta-Richmond County Judicial Center is completed in December 2010, the courts and their supporting functions will move from the Municipal Building to the new facility. This will leave at least half of the existing Municipal Building vacant. The goal of this effort is to plan the consolidation of many of the administrative offices that are currently in leased spaces in various locations throughout Augusta, and provide some future growth capacity, within the Municipal Building, for the next 10-15 years. Analysis:The completion of the new Judicial Center will enable roughly half of Augusta’s Municipal Building to be vacated. This will facilitate a major consolidation of Augusta’s operations which now occupy leased buildings throughout the city. It will also enable the first major remodeling of the Municipal Building’s interior, since its construction approximately a half- century ago. The proposed services will include interviews with department managers, a definition of their present and future facility needs and development of a Building Program of Requirements. This Program will enable the production of concept plans and conceptual cost estimates. It will also form the basis from which an architect can be hired to provide the final design and construction documents. Financial Impact:The proposal amount is $52,000.00. Alternatives:1. Approve proposal from Heery International, Inc. for Programming Verification and Space Planning Services for the renovations to the Augusta-Richmond County Municipal Building. 2. Do nothing at this time. Recommendation:#1. Approve proposal from Heery International, Inc. for Programming Verification and Space Planning Services for the renovations to the Augusta-Richmond County Municipal Building. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: 323-04-6211/296050050 Cover Memo Item # 44 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 44 Attachment number 1 Page 1 of 4 Item # 44 Attachment number 1 Page 2 of 4 Item # 44 Attachment number 1 Page 3 of 4 Item # 44 Attachment number 1 Page 4 of 4 Item # 44 Commission Meeting Agenda 11/5/2008 2:00 PM Regional Flood Control Feasibility Study Department:Abie L. Ladson, PE , Engineering Caption:Motion to approve Capital Project Budget Change Number Five (CPB 323- 04-299823999) for the Augusta County Regional Flood Control Feasibility Study in the amount of $200,000 to be funded from SPLOST Phase III Recapture as requested by the Engineering Department. (Approved by Engineering Services Committee October 27, 2008) Background:On November 3, 1999 the Commission authorized execution of an agreement with the US Army Corps’ of Engineers to perform a Flood Control Feasibility Study for the Rocky Creek, AugustaCanal, PhinizySwamp and Raes Creek Drainage Basins. Analysis:The Phase I report that includes Rocky Creek and Augusta Canal Basin is completed and will soon be distributed for public review. Phase 2 will focus on additional work to be performed for the Raes Creek Basin. Completion of the Phase 2 work will increase the total study estimated cost by $400,000 with the city’s share being $200,000. Financial Impact:Funds in the amount of $200,000 are available in account #323041110- 296823333 to cover the County’s share of the additional funds needed to complete the study. Alternatives:1)Approve Capital Project Budget Change Number Five (CPB323-041110- 299823999) for the Augusta County Regional Flood Control Feasibility Study in the amount of $200,000 to be funded from SPLOST Phase III Recapture. 2) Do not approve and deny completion of the study for the Raes Creek Basin. Recommendation:Approve Alternative one. Funds are Available in the Following Accounts: 323-041110-6011110/296823333-6011110 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 45 Administrator. Cover Memo Item # 45 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET REGIONAL FLOOD CONTROL FEASIBILITY STUDY CHANGE NUMBER THREE Capital Project Budget is hereby authorized: Section 1: This project is authorized to CPB#323-04-299823999. This change authorizes additional funds of $55, 000 to provide surveying support requested by Corps of Engineers for the flood Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Rocky Creek Tributary No 1, Ph 1 $355,393 Special 1% Sales Tax, Phase III (Suburban)$861,116 Special 1% Sales Tax, Phase III(Urban)421,140 Special 1% Sales Tax, Phase III Recapture 252,352 Special 1% Sales Tax, Phase I Recapture 19,500 Special 1% Sales Tax, Phase III Recapture $55,000 $1,964,501 Section 3: The following amounts are appropriated for the project: By Basin By District Rocky Creek $355,393 Raes Creek $620,852 Phinizy $512,116 Augusta Canal $476,140 $1,964,501 $1,964,501 Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved ____________________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#323-04-299823999 Honorable Deke Copenhaver, Mayor BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following control study. This additional amount will be funded by SPLOST PHASE III Recapture 1 of 8 June 18, 2007 Attachment number 1 Page 1 of 8 Item # 45 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET REGIONAL FLOOD CONTROL FEASIBILITY STUDY CHANGE NUMBER THREE CPB#323-04-299823999 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB ROCKY CREEK TRIBUTARY NO 1 321-04-1110/288821561 ($355,393)($355,393) SPECIAL 1% SALES TAX, PHASE III 323-04-1110-0000000 ($861,116)($861,116) SPECIAL 1% SALES TAX, PHASE III 327-04-1110-0000000 ($421,140)($421,140) SPECIAL 1% SALES TAX, PHASE III 323-04-1110-6011110-296823333 ($252,352) ($55,000) ($307,352) SPECIAL 1% SALES TAX, PHASE III 321-04-1110-6011110-288821333 ($19,500)($19,500) TOTAL SOURCES:($1,909,501) ($55,000) ($1,964,501) USE OF FUNDS ENGINEERING 323-04-1110-5212115-299823999 $1,890,001 $55,000 $1,945,001 ENGINEERING 321-04-1110-5212115-205821999 $19,500 $19,500 TOTAL USES:$1,909,501 $55,000 $1,964,501 2 of 8 June 18, 2007 Attachment number 1 Page 2 of 8 Item # 45 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET REGIONAL FLOOD CONTROL FEASIBILITY STUDY CHANGE NUMBER FOUR Capital Project Budget is hereby authorized: Section 1: This project is authorized to CPB#323-04-299823999. This change authorizes additional funds of $250, 000 to provide surveying support requested by Corps of Engineers for the flood Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Rocky Creek Tributary No 1, Ph 1 $355,393 Special 1% Sales Tax, Phase III (Suburban)$861,116 Special 1% Sales Tax, Phase III(Urban)421,140 Special 1% Sales Tax, Phase III Recapture 252,352 Special 1% Sales Tax, Phase I Recapture 19,500 Special 1% Sales Tax, Phase III Recapture $55,000 Special 1% Sales Tax, Phase III Recapture $250,000 $2,214,501 Section 3: The following amounts are appropriated for the project: By Basin By District Rocky Creek $355,393 Raes Creek $870,852 Phinizy $512,116 Augusta Canal $476,140 $2,214,501 $2,214,501 Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved ____________________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#323-04-299823999 Honorable Deke Copenhaver, Mayor BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following control study. This additional amount will be funded by SPLOST PHASE III Recapture 3 of 8 November 6, 2007 Attachment number 1 Page 3 of 8 Item # 45 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET REGIONAL FLOOD CONTROL FEASIBILITY STUDY CHANGE NUMBER FOUR CPB#323-04-299823999 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB ROCKY CREEK TRIBUTARY NO 1 321-04-1110/288821561 ($355,393)($355,393) SPECIAL 1% SALES TAX, PHASE III 323-04-1110-0000000 ($861,116)($861,116) SPECIAL 1% SALES TAX, PHASE III 327-04-1110-0000000 ($421,140)($421,140) SPECIAL 1% SALES TAX, PHASE III 323-04-1110-6011110-296823333 ($307,352) ($250,000) ($557,352) SPECIAL 1% SALES TAX, PHASE III 321-04-1110-6011110-288821333 ($19,500)($19,500) TOTAL SOURCES:($1,964,501) ($250,000) ($2,214,501) USE OF FUNDS ENGINEERING 323-04-1110-5212115-299823999 $1,945,001 $250,000 $2,195,001 ENGINEERING 321-04-1110-5212115-205821999 $19,500 $19,500 TOTAL USES:$1,964,501 $250,000 $2,214,501 4 of 8 November 6, 2007 Attachment number 1 Page 4 of 8 Item # 45 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET REGIONAL FLOOD CONTROL FEASIBILITY STUDY CHANGE NUMBER FIVE Capital Project Budget is hereby authorized: Section 1: This project is authorized to CPB#323-04-299823999. This change authorizes additional funds of $200, 000 to provide surveying support requested by Corps of Engineers for the flood Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Rocky Creek Tributary No 1, Ph 1 $355,393 Special 1% Sales Tax, Phase III (Suburban)$861,116 Special 1% Sales Tax, Phase III(Urban)421,140 Special 1% Sales Tax, Phase III Recapture 252,352 Special 1% Sales Tax, Phase I Recapture 19,500 Special 1% Sales Tax, Phase III Recapture $55,000 Special 1% Sales Tax, Phase III Recapture $250,000 Special 1% Sales Tax, Phase III Recapture $200,000 $2,414,501 Section 3: The following amounts are appropriated for the project: CPB#323-041110-299823999 BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following control study. This additional amount will be funded by SPLOST PHASE III Recapture Please do not process this document. Once approved by Commission, original will be sent to the Clerk of Commission for execution. For information reference this note contact Shelette @ ext 5070. Thanks Section 3: The following amounts are appropriated for the project: By Basin By District Rocky Creek $355,393 Raes Creek $870,852 Phinizy $512,116 Augusta Canal $476,140 $2,414,501 $2,414,501 Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved ____________________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Honorable Deke Copenhaver, Mayor 5 of 8 September 17, 2008 Attachment number 1 Page 5 of 8 Item # 45 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET REGIONAL FLOOD CONTROL FEASIBILITY STUDY CHANGE NUMBER FIVE CPB#323-041110-299823999 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB ROCKY CREEK TRIBUTARY NO 1 321-04-1110/288821561 ($355,393)($355,393) SPECIAL 1% SALES TAX, PHASE III 323-04-1110-0000000 ($861,116)($861,116) SPECIAL 1% SALES TAX, PHASE III 327-04-1110-0000000 ($421,140)($421,140) SPECIAL 1% SALES TAX, PHASE III 323-04-1110-6011110-296823333 ($557,352) ($200,000) ($757,352) SPECIAL 1% SALES TAX, PHASE III 321-04-1110-6011110-288821333 ($19,500)($19,500) TOTAL SOURCES:($2,214,501) ($200,000) ($2,414,501) USE OF FUNDSUSE OF FUNDS ENGINEERING 323-04-1110-5212115-299823999 $2,195,001 $200,000 $2,395,001 ENGINEERING 321-04-1110-5212115-205821999 $19,500 $19,500 TOTAL USES:$2,214,501 $200,000 $2,414,501 6 of 8 September 17, 2008 Attachment number 1 Page 6 of 8 Item # 45 7 of 8 September 17, 2008 Attachment number 1 Page 7 of 8 Item # 45 8 of 8 September 17, 2008 Attachment number 1 Page 8 of 8 Item # 45 Commission Meeting Agenda 11/5/2008 2:00 PM Right-of-Way Gary E. and Janet W. Ergle Alexander Drive Project Department:Attorney Caption:Motion to approve an Option for Right-of-Way between Gary E. Ergle and Janet W. Ergle, as owners, and Augusta, Georgia, as optionee, in connection with the Alexander Drive Project, consisting of 0.037 acre (1,632.09 square feet) in fee and 0.046 acre (2,021.48 square feet) of permanent construction & maintenance easement and one temporary driveway easement for the property located at 2001 Glennfield Lane, for a purchase price of $47,500.00. (Approved by Engineering Services Committee October 27, 2008) Background:The property owner has agreed to convey the right-of-way to Augusta, Georgia for the Alexander Drive Project. Analysis:The purchase of the referenced property is necessary for the project. Financial Impact:The costs necessary for this purchase are within the project budget. Alternatives:Deny the motion to approve the purchase. Recommendation:Approve the motion to purchase the referenced property. Funds are Available in the Following Accounts: 323041110-5411120/296823215–5411120 REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Item # 46 Attachment number 1 Page 1 of 2 Item # 46 Attachment number 1 Page 2 of 2 Item # 46 Commission Meeting Agenda 11/5/2008 2:00 PM The Orchard Section I Department:Engineering-Abie L. Ladson, P.E., Director Caption:Motion to approve the deed of dedication, maintenance agreement and road resolutions submitted by the Engineering Department for the Orchard Subdivision, Section I. (Approved by Engineering Services Committee October 27, 2008) Background:The final plat was approved by the Commission on September 18, 2007 . The subdivision design and plat, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Financial Impact:By accepting these roads into the County system, all future maintenance and associated costs will be borne by Augusta, Georgia. Alternatives:1. Approve the deed of dedication, maintenance agreement and road resolutions submitted by the Engineering Department for The Orchard Subdivision, Section I. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 47 Attachment number 1 Page 1 of 1 Item # 47 Attachment number 2 Page 1 of 1 Item # 47 Attachment number 3 Page 1 of 3 Item # 47 Attachment number 3 Page 2 of 3 Item # 47 Attachment number 3 Page 3 of 3 Item # 47 Attachment number 4 Page 1 of 2 Item # 47 Attachment number 4 Page 2 of 2 Item # 47 Attachment number 5 Page 1 of 4 Item # 47 Attachment number 5 Page 2 of 4 Item # 47 Attachment number 5 Page 3 of 4 Item # 47 Attachment number 5 Page 4 of 4 Item # 47 Commission Meeting Agenda 11/5/2008 2:00 PM Vehicle Maintenance Contract Department:Clerk of Commission Caption:Motion to approve rescinding the extension of the exising vehicle mainteance contract on a month-to-month basis and requesting the preparation and issuance of an RFP and recommending the approval of a one year extension of the existing maintenance contract with an amendment to allow the Solid Waste Departmet to provide for internal maintenance with parts provided by the contractor and that the RFP be sent out during 2009 for a new contract. (Approved by Engineering Services Committee October 27, 2008) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 48 Commission Meeting Agenda 11/5/2008 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on October 21, 2008. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 49 Commission Meeting Agenda 11/5/2008 2:00 PM Affidavit Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 50