HomeMy WebLinkAbout2007-02-26-Meeting Agenda
Engineering Services Committee
Meeting
Committee Room- 2/26/2007- 1:30 PM
ENGINEERING SERVICES
1. Authorize execution of an agreement with Parsons Water
& Infrastructure, Inc. to provide Construction Manager at
Risk Services for the James B. Messerly WPCP 2003
Master Plan Improvements Project Preconstruction Phase
in the amount of $395,859.16.
Attachments
2. Motion to authorize condemnation of a portion of
Property # 051-0-189-00-0 3950 Barrett Street, which is
owned by James E. Argyle, Jr. and Martha Raye Argyle,
for 500 sq. feet for a temporary construction easement.
PW Project: Belair Hills Subdivision Improvement
Project.
Attachments
3. Motion to authorize condemnation of a portion of
Property # 012-0-019-03-0 Banking Center on Center
West Parkway, which is owned by Augusta-Richmond
Real Estate Holding Company, for 653.93 sq. ft. of
Right-of-Way in fee and 1,170.55 sq. ft. of Temporary
Construction Easement. PW Project: Washington Road
Intersection Improvements Project.
Attachments
4. Motion to authorize condemnation of a portion of
property #230-0-005-07-0 Youngblood Drive, which is
owned by Jerry W. Miles and Sharon G. Miles, for
32,851 sq. ft. of right of way in fee and 2,383 sq. ft. for
temporary construction easement. PW Project:
Youngblood Drive Project.
Attachments
5. Motion to authorize condemnation of a portion of
Property #230-0-005-08-0 2030 Youngblood Drive,
which is owned by Will C. and Stephanie L. Duncan, for
Attachments
2,778 sq. ft. of Right-of-Way in Fee, 298 sq.ft. of
Temporary Construction Easement and 589 sq.ft. of
Temporary Driveway Easement. PW Project:
Youngblood Drive Project.
6. Motion to authorize condemnation of a portion of
Property #051-0-188-00-0 3952 Barrett Street, Augusta,
Georgia, which is owned by James E. Argyle, Sr., for
584 sq. ft. of permanent drainage utility & maintenance
easement and 692 sq. ft. of temporary construction
easement. PW Belair Hills Subdivision Improvement
Project.
Attachments
7. Report from the Judicial Center Sub-Committee
regarding questions concerning the Judicial Center
Project relating to the sub-committee's composition, the
retention of the current architectural firm and the
contract extension with that firm if they are retained.
(Referred from February 20 Commission meeting)
Attachments
8. Receive Utilities Engineering 2006 Report to be
presented at the meeting. (Referred from February 20
Commission meeting)
Attachments
9. Approve payment of $29,886.00 for tenant's (David
Craven) removal and re-erection of signs ($18,786.00)
and shrubs and trees ($11,100.00) at the intersection of
Washington Road and Boy Scout Road and at the rear
entrance to property due to property acquired in
connection with the Washington Road Intersection
Improvements Project from Owner, William R.
Coleman, Jr.
Attachments
10. Presentation by Rev. Bobby Coleman regarding a
garbage bill for his property.
Attachments
11. Motion to approve an Option for Right-of-Way between
Pioneers, Incorporated, as owner and Augusta, Georgia
as optionee, in connection with the Belair Hills
Subdivision Improvement project, for property located at
1721 Lincoln Avenue (051-0-073-00-0), Lincoln Avenue
Attachments
www.augustaga.gov
(051-0-074-00-0), 1714 Orange Avenue (051-0-075-00-
0), Orange Avenue (051-0-185-01-0), 3959 Barrett Street
(051-0-228-00-0), 3961 Carolyn Street (051-0-250-00-
0), 3943 Carolyn Street (051-0-259-00-0), 3913 Bolton
Street (052-0-094-00-0), 3915 Bolton Street (051-0-095-
00-0), Ruth Street (065-0-015-00-0), 3908 Ruth Street
(065-0-016-00-0),3909 Murray Street (065-0-027-00-0),
Padrick Street (065-0-053-02-0), Flagler Road (065-0-
062-00-0), for a purchase price of $22,541.00. Said
subject property consisting of 7,781 sq. ft. in fee, more or
less, and 32,576 sq. ft., more or less, of permanent
drainage, utility and maintenance easement, and 44, 429
sq. ft., more or less, of temporary construction easement.
12. Approve a resolution asking the Georgia Department of
Transportation to accelerate the Windsor Spring Road
Phases IV and V Projects. (Requested by Commissioner
Harper)
Attachments
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Agreement with Parsons Water & Infrastructure, Inc. for Preconstruction Services related to the
James B. Messerly WPCP 2003 Master Plan Implementation Phase 1 project.
Department:Utilities
Caption:Authorize execution of an agreement with Parsons Water &
Infrastructure, Inc. to provide Construction Manager at Risk
Services for the James B. Messerly WPCP 2003 Master Plan
Improvements Project Preconstruction Phase in the amount
of $395,859.16.
Background:
The Augusta-Richmond County Commission, in their
meeting on September 6, 2005, approved the selection of
MWH Constructors, Inc. (MWH) as Construction Manager at
Risk for the Messerly Improvements Project. As a part of that
approval the Commission also authorized "the Utilities
Department to negotiate with the other firms in the order of
their ranking if we are unable to reach an agreement with the
top-ranked firm." The three firms interviewed and ranked
during the selection process were ranked in the following
order: MWH Constructors, Inc., Parsons Water &
Infrastructure, Inc., and The Messerly CM Group. The
Utilities Department had successfully negotiated and
accepted a task order with MWH to complete preliminary
construction activities at the project site and that work is
drawing to a close. We continued to negotiate with MWH for
the major portion of the project construction work but were
unable to reach a mutual agreement on the price for the
project. After it became evident that we were not going to
reach an agreement we consulted with Augusta Procurement
Director Geri Sams. Ms. Sams notified MWH that we were
ceasing negotiations with them and opening discussions with
the next highest ranked firm. Upon opening discussions with
Parsons Water & Infrastructure, Inc. (Parsons) they agreed to
perform a 2-3 week review of the project as it stands now
and report back with their impression about what the
potential project cost should be. This analysis was performed
at no cost to Augusta. Parsons has provided their rough
estimate of project costs and potential savings opportunities
and it appears probable that the project can be completed at
an acceptable cost. In response to that information, and with
the concurrence of the Procurement Department, We have
negotiated the attached agreement with Parsons for an
abbreviated preconstruction phase for the purpose of
developing a Guaranteed Maximum Price (GMP) for the
project.
Analysis:Negotiations with MWH had reached the point that would
have required us to eliminate portions of the work in order to
make the project affordable. The most likely portion of the
project to be removed would be the odor control facilities
because they do not directly impact the plant's ability to meet
regulatory requirements. Our goal in recommending this
present course of action is to retain odor control as a part of
the project. The proposed cost for the preconstruction
services agreement with Parsons is $395,859.16. We have
reviewed this cost and it appears to be appropriate for the
tasks and level of effort required to develop a reasonable
GMP for this project.
Financial Impact:$395,859.16 to be paid from the 2004 Bond Fund Account
number 511043420–5425210 80280130-5425210.
Alternatives:1) Approve this agreement and go forward with the
development of a price from Parsons as Construction
Manager at Risk; 2) Reject this agreement and authorize the
Utilities Department to proceed with this project as a direct
bid project.
Recommendation:Authorize execution of this agreement with Parsons Water &
Infrastructure, Inc. to provide Construction Manager at Risk
Services for the James B. Messerly WPCP 2003 Master Plan
Improvements Project Preconstruction Phase in the amount
of $395,859.16.
Funds are
Available in the
Following
Accounts:
511043420–5425210 80280130-5425210
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Disadvantaged Business Enterprise.
Administrator.
Clerk of Commission
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
JAMES B. MESSERLY WATER POLLUTION CONTROL PLANT
2003 MASTER PLAN IMPLEMENTAION PHASE 1
CONSTRUCTION MANAGEMENT AT RISK AGREEMENT –
PRECONSTRUCTION SERVICES
Agreement Page 1 of 20
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
Table of Contents
1.0 DEFINITIONS.................................................................................................................... 3
2.0 TERM ................................................................................................................................. 5
3.0 SCOPE OF SERVICES ...................................................................................................... 6
3.1 General............................................................................................................................ 6
3.2 Detailed Scope of Services ............................................................................................. 6
4.0 RELATIONSHIP OF THE PARTIES................................................................................ 6
4.1 General............................................................................................................................ 6
4.2 Construction Manager (CM)........................................................................................... 7
5.0 PAYMENT ......................................................................................................................... 7
5.1 General............................................................................................................................ 7
5.2 Reimbursement of Expenses..........................................Error! Bookmark not defined.
5.3 Payment........................................................................................................................... 8
6.0 RISK MANAGEMENT...................................................................................................... 8
6.1 Insurance ......................................................................................................................... 8
6.1.1 Commercial General Liability Insurance................................................................ 9
6.1.2 Business Automobile Liability ............................................................................... 9
6.1.3 Worker’s Compensation ......................................................................................... 9
6.1.4 Valuable Papers Insurance.................................................................................... 10
6.1.5 Professional Liability Insurance ........................................................................... 10
6.1.6 Claims Made Form and Deductibles..................................................................... 10
6.1.7 Additional Insured And Primary Insurance Provisions ........................................ 10
6.1.8 Evidence of Insurance........................................................................................... 10
6.1.9 Insurance Conditions ............................................................................................ 11
7.0 NOTICES.......................................................................................................................... 11
8.0 TERMINATION............................................................................................................... 12
9.0 MISCELLANEOUS ......................................................................................................... 12
9.1 Compliance With Law .................................................................................................. 12
9.1.1 General Requirement ............................................................................................ 12
9.1.2 Licenses and Similar Authorizations .................................................................... 12
9.1.3 Taxes ..................................................................................................................... 12
9.1.4 Americans with Disabilities Act ........................................................................... 13
9.2 Governing Law and Venue........................................................................................... 13
Agreement Page 2 of 20
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
9.3 Successors and Assigns ................................................................................................ 13
9.4 Meaning of Words ........................................................................................................ 13
9.5 Rights and Remedies..................................................................................................... 13
9.6 CM Registration............................................................................................................ 13
9.7 Time Computations....................................................................................................... 14
9.8 Records Retention......................................................................................................... 14
9.9 Third–Party Agreements, Beneficiaries........................................................................ 14
9.10 Audit ............................................................................................................................. 14
9.11 No Agency Created....................................................................................................... 14
9.12 Assignment and Subcontracting ................................................................................... 14
9.13 Amendments ................................................................................................................. 15
9.14 Executory Agreement ................................................................................................... 15
9.15 Remedies Cumulative ................................................................................................... 15
9.16 Captions ........................................................................................................................ 15
9.17 Invalidity of Particular Provisions ................................................................................ 15
9.18 No Waiver ..................................................................................................................... 15
9.19 Intellectual Property...................................................................................................... 15
9.20 Integration ..................................................................................................................... 15
9.21 Conflict of Interest ........................................................................................................ 16
9.22 Interest of Public Officials ............................................................................................ 16
9.23 Employment of Owner’s Personnel .............................................................................. 16
9.24 Employment .................................................................................................................. 16
9.25 Equal Employment Opportunity ................................................................................... 16
9.26 Drug Free Workplace.................................................................................................... 16
9.27 Anti-Kickback Clause................................................................................................... 17
9.28 Verbal Agreement or Conversation .............................................................................. 17
9.29 Personnel....................................................................................................................... 17
Agreement Page 3 of 20
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
THIS PRECONSTRUCTION AGREEMENT (herein referenced as “Agreement”), is made and
entered into this _______ day of ___________________, (the “Effective Date”) by and between
Augusta, Georgia ("OWNER"), and Parsons Water & Infrastructure Inc., ("CM or Parsons"),
hereinafter sometimes referred to as "Parties."
WHEREAS, the OWNER has selected the CM as its Construction Manager and CM has
agreed to provide construction management services with respect to the James B. Messerly
Water Pollution Control Plant 2003 Master Plan Implementation Phase 1 (“Project”); and
WHEREAS, the OWNER has need for certain preconstruction services with respect to the
Project while the Parties continue to work toward negotiating and finalizing the Guaranteed
Maximum Price (“GMP”) Agreement as set forth in the Request for Proposals for the Project;
NOW, THEREFORE,
The Parties agree as follows:
1.0 DEFINITIONS
Italicized words shall have the meaning set forth below:
Agreement – This written instrument between OWNER and CM covering the Work to be
performed.
Application for Payment-The form accepted by PROGRAM MANAGER which is to be used by
CM in requesting progress or final payments and which is to include such supporting
documentation as reasonably required by OWNER.
AUD – The Augusta Utilities Department acting for and in behalf of the OWNER.
Bid – The offer or proposal of the bidder submitted on the prescribed form setting forth the
price(s) for the Work to be performed.
Bonds – Bid, performance and payment bonds and other instruments of security furnished by
CM and its Surety in accordance with the Contract Documents.
CM – Construction Manager, Parsons Water & Infrastructure, Inc.
Change Order – A document, signed by CM and OWNER, that authorizes an addition, deletion
or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued after
the Effective Date of the Agreement.
Contract Documents – The Agreement and all Drawings, Specifications, addenda, amendments,
other contract modifications, or other documentation incorporated into any of them.
Contract Price – The moneys payable by OWNER to CM as stated in the Agreement.
Agreement Page 3 of 20
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
Contract Time – The number of days or the date stated in the Agreement for the completion of
the Work.
Day – Either a working day or calendar day as specified in the bid documents. If a calendar day
falls on a legal holiday, that day will be omitted from the computation. Legal Holidays include:
New Year’s Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans
Day, Thanksgiving Day and the following Friday, and Christmas Day.
Defective – An adjective which, when modifying the word “Work”, refers to Work that is
unsatisfactory, faulty, deficient, does not conform to the Contract Documents, or does not meet
the requirements of any inspection, reference standard, test or approval required by the Contract
Documents, or which has been damaged prior to PROGRAM MANAGER'S recommendation of
final payment, unless responsibility for the protection thereof has been previously assumed by
OWNER upon Substantial Completion.
Engineer – Messerly Design Group, LLP (MDG)
Drawings – The drawings which show the character and scope of the Work to be performed and
which have been prepared by ENGINEER and are referred to in the Contract Documents.
Effective Date of the Agreement – The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated it means the date on which the Agreement is signed by
the Mayor of Augusta, Georgia and the CM is notified that the Agreement is signed.
General Requirements – Refers to Division I of the Specifications.
Guaranteed Maximum Price ("GMP") – GMP means the total sum of the Cost of Work
including the Fixed Fee, the Fixed Amount for Specified General Conditions work, and any
applicable Georgia State Sales Tax.
Laws or Regulations – Laws, rules, regulations, ordinances, codes and/or orders of governmental
instrumentalities having jurisdiction over the Project.
L/M/WBE – Means locally owned, minority owner, and Women owned Businesses. Contractors,
subcontractors, material vendors and other construction service providers which are local,
minority owned, or women owned. A local contractor, sub-contractor, material vendor or
service provider is defined as one having an office in Augusta-Richmond County, Georgia or any
county contiguous to Augusta-Richmond County. Also means disadvantaged/minority business
enterprises registered with Georgia Department of Transportation.
Notice of Award – The written notice by OWNER to the apparent successful bidder stating that
upon compliance by the apparent successful bidder with the conditions precedent enumerated
therein, within the time specified, OWNER will sign and deliver the Agreement.
Agreement Page 4 of 20
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
Notice to Proceed – A written notice given by OWNER to CM (with a copy to PROGRAM
MANAGER) fixing the date on which the Contract Time will commence to run and on which
CM shall start to perform its obligations under the Contract Documents.
OWNER –Augusta, Georgia
Program Manager – CH2M HILL, Inc., responsible to AUD as the Bond Program Manager.
Project – The James B. Messerly Water Pollution Control Plant 2003 Master Plan
Implementation Phase 1
Project Area – The area within the specified Contract Limits as defined on the Drawings and
Contract Documents where the improvements contemplated herein are to be constructed in
whole or in part under this Agreement.
Program Management Team (PMT) – duly authorized representatives from the OWNER, the
Engineer, the PROGRAM MANAGER and the CM.
Resident Project Representative – The authorized representative of PROGRAM MANAGER
who is assigned to the site or any part thereof.
Specifications – Those portions of the Contract Documents consisting of written technical
descriptions of materials, equipment, construction systems, standards and workmanship as
applied to the Work and certain administrative details applicable thereto.
Subcontractor – An individual, firm or corporation having a direct contract with CM for the
performance of a part of the Work.
Supplier – A manufacturer, fabricator, supplier, distributor, materialman or vendor furnishing
materials, equipment or supplies to be incorporated into the Work.
Amendment – A written amendment of the Contract Documents, signed by OWNER and CM on
or after the Effective Date of the Agreement.
2.0 TERM
This Agreement shall commence as of the effective date of this Agreement and shall continue
through the earlier of execution of a Construction Amendment as describe Attachment 1 – James
B. Messerly WPCP 2003 Master Plan Implementation Phase 1 Preconstruction Scope of Work
(the “Work”) for the Project or 120 days from date of execution of this Agreement, whichever
comes first. CM’s obligations pursuant to Section 6.2 Indemnification shall survive and continue
after the completion of this Agreement.
Agreement Page 5 of 20
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
3.0 SCOPE OF SERVICES
3.1 General
The CM shall provide the services described in Attachment 1, which is incorporated herein by
reference to this Agreement, in a competent and professional manner. The CM shall cooperate
with the OWNER and Program Management Team to allow beginning the construction within a
reasonable time. The OWNER or OWNER’s Representative shall direct the CM. During this
preconstruction period, the CM’s Project Manager will oversee the services the CM to ensure
development of a constructible project within the expected budget in accordance with the
Contract Documents.
3.2 Detailed Scope of Services
The CM shall perform the services as detailed in Attachment 1 – James B. Messerly WPCP 2003
Master Plan Implementation Phase 1 Preconstruction Services Scope of Work which is
incorporated herein by reference.
4.0 RELATIONSHIP OF THE PARTIES
4.1 General
The CM accepts the relationship of trust and confidence established by this Agreement and
covenants with the OWNER to cooperate with the PMT throughout the Project and utilize the
CM's best skill, efforts and judgment in furthering the interests of the OWNER; to furnish
efficient business administration and supervision; to use best efforts to furnish at all times an
adequate supply of staff; and to perform the work in accordance with the Contract Documents
and consistent with the interests of the OWNER. The CM recognizes that the OWNER has
separate agreements with the ENGINEER for the design of the Project and with the Program
Manager, among others, to provide certain construction administration services necessary to
ensure that the construction conforms to the Drawings and Specifications The CM further
recognizes that in order for the Project to be completed on time and within the GMP, the CM and
the PMT need to cooperate closely on a regular basis to revise plans, drawings, specifications,
materials, methods, estimates and budgets as necessary to meet the OWNER's financial, time,
and operating constraints.
Professional Standards
The CM shall cooperate fully with all municipalities, local government officials, utility
companies, and other consultants as directed by the OWNER. The OWNER and CM agree to
work together with all other parties on the basis of trust, good faith and fair dealing, and shall
take actions reasonably necessary to enable each other to perform this Agreement in a timely,
efficient and economical manner. The parties agree to cooperate in a manner consistent with
good design and construction practice and will exercise the degree of skill and diligence
normally employed by competent professional construction management firms practicing under
similar conditions.
Agreement Page 6 of 20
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
4.2 Construction Manager (CM).
A. The CM shall be an independent contractor and shall be responsible for all
obligations arising from its services under this Agreement relating to federal income
tax, FICA taxes and contributions, and all other employer taxes and contributions,
including, but not limited to, industrial insurance (Workers’ Compensation). The
CM agrees to indemnify, defend and hold OWNER harmless from any claims, valid
or otherwise, made to OWNER, because of these obligations.
B. All employees of the CM, while engaged in the performance of the Work, shall be
considered employees of only the CM and not employees of OWNER. The CM shall
be solely liable for any and all claims that arise under the Worker's Compensation
Act on behalf of said employees and for all claims made by a third party as a
consequence of any negligent act or omission on the part of the CM's employees
while so engaged on any of the Work
C. CM shall comply with all applicable provisions of the Fair Labor Standards Act and
other legislation affecting its employees and the rules and regulations issued
thereunder insofar as applicable to its employees and shall at all times save OWNER,
free, clear and harmless from all actions, claims, demands and expenses arising out
of said act, and rules and regulations in connection therewith.
D. CM assumes full responsibility for the payment of all payroll taxes, use, sales,
income, or other form of taxes (such as state and, city business and occupation
taxes), fees, licenses, excises or payments required by any city, federal or state
legislation which are required for the performance of Work pursuant to the
Agreement.
5.0 PAYMENT
5.1 General
Amounts paid or sought for Preconstruction Services rendered under this Agreement will not be
included in either the Fixed Fee or the dollar amount for Specified General Conditions Work.
Pursuant to this agreement, CM will be paid monthly for its preconstruction services based on
the percentage completion of the tasks delineated in Attachment 1. Said monthly payments shall
be advanced against a lump sum dollar amount allocated to each task as set forth in Attachment
2. The CM shall provide adequate supporting documentation required by the owner for each
payment request submitted. The owner shall be the sole judge of the adequacy of the supporting
documentation.”
Extra work required by AUD that is outside of the Scope of Services contained therein
Attachment 1, Pre-Construction Services Scope of Work, shall be compensated at the rates stated
in Attachment 3.CM shall bear any expense that exceeds the agreed not-to-exceed amount.
Payment of the Contract Price shall be full compensation for Work performed or services
rendered, including, but not limited to, all labor, materials, supplies, equipment and incidentals
necessary to perform CM’s duties under this Agreement.
Agreement Page 7 of 20
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
5.2 Payment.
The CM may submit to the OWNER a monthly invoice, in a form acceptable to the OWNER and
accompanied by all support documentation requested by the OWNER, for payment for the
services, which were completed during the billing period, according to the percent completion
of each task as stated in ATTACHMENT 1.. The OWNER shall review said invoices for
approval. The OWNER shall have the right to reject payment of any invoice or part thereof if
not properly supported. The OWNER shall pay within 30 days from receipt each such invoice or
portion thereof as approved, provided that the approval or payment of any such invoice shall not
be considered as acceptance of Work performed or of receipt of acceptance by the OWNER of
the service covered by such invoice.
Each invoice shall be accompanied by a progress report describing the Work accomplished and
any issues or factors, which may inhibit execution of the Work. The CM shall also submit an
accurate updated project schedule including an itemized description of the percentage of total
Work completed for each task invoiced during the billing period.
All invoices submitted by the CM shall be detailed to reflect incurred expenses, labor hours and
costs by authorized Task.
Invoices shall be submitted to:
Augusta PMT
Attn.: Clifford Carey,
360 Bay Street, Suite 100
Augusta, Georgia 30901
Invoices under this Agreement shall clearly display the following information (subcontractors’
invoices shall also include this information) and such other information as may reasonably be
required by the OWNER:
INVOICE DATE and NUMBER
The OWNER’s Project Manager (Please do not put PM's name in the address portion of the
invoice)
Project No. 80130
Project title: James B. Messerly WPCP 2003 Master Plan Implementation Phase 1
Period covered by the invoice
Updated Task/Subtask Summary with percent complete
6.0 RISK MANAGEMENT
6.1 Insurance
The CM shall, at all times that this Agreement is in effect, cause to be maintained in force and
effect an insurance policy(s) that will insure and indemnify OWNER, ENGINEER, and
PROGRAM MANAGER against damages resulting from injuries occurring to persons or
property which occur as a result of any negligent act, or omission of the CM in performance of
the work during the term of this Agreement. The CM shall file with the PMT and OWNER,
evidence of a policy or policies of insurance as enumerated below:
Agreement Page 8 of 20
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
6.1.1 Commercial General Liability Insurance
A commercial general liability insurance written on the insurance industry standards occurrence
policy form including all the usual coverages set forth below with the minimum limits set forth
below:” At the end of the sentence, add “including all the usual coverages shown below with the
minimum limits set forth below::
- Premises/Operations Liability
- Products/Completed Operations
- Personal/Advertising Injury, to include
- Contractual Liability
- Stop Gap/Employers Contingent Liability
- Explosion, Collapse and Underground
- Fire Legal Liability
- Designated Construction Projects
Such policy(ies) must provide the following limits:
Bodily Injury and Property Damage -
$ 2,000,000 General Aggregate
$ 2,000,000 Products & Completed Operations Aggregate
$ 1,000,000 Personal & Advertising Injury
$ 1,000,000 Each Occurrence
$ 500,000 Fire Damage
Stop Gap/ Employers Liability -
$ 1,000,000 Each Accident
$ 1,000,000 Disease - Policy Limit
$ 1,000,000 Disease - Each Employee
6.1.2 Business Automobile Liability
CM shall obtain a policy of Business Automobile Liability, including coverage for owned, non-
owned, leased or hired vehicles written on an insurance industry standard form or equivalent,
and as specified by Insurance Services Office Symbol 1 (any auto). If “pollutants” as defined in
exclusion 11 of the commercial auto policy are to be transported, endorsement CA9948 & MCS
90 are required. Such policy(ies) must provide a limit for Bodily Injury and Property Damage of
$ 1,000,000 per accident
6.1.3 Worker’s Compensation
As respects Workers’ Compensation insurance in the State of Georgia, the CM shall secure its
liability for industrial injury to its employees, program participants & volunteers in accordance
with the provisions the applicable codes of Georgia. If the CM is qualified as a self-insurer, CM
shall so certify by a letter signed by a corporate officer indicating that it is a qualified self-
Insured, and setting forth the limits of any policy of excess insurance covering its employees
program participants or volunteers; or any similar coverage required.
Agreement Page 9 of 20
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
The CM hereby assumes all risk of damage to its property, or injury to its officers, directors,
agents, CMs, or, invitees, in or about the Project from any cause, and hereby waives all claims
against The OWNER except to the extent caused by OWNER’s negligence or willful
misconduct.
6.1.4 Valuable Papers Insurance
The CM shall secure valuable papers insurance in an amount sufficient to assure the restoration
of any plans, drawings, field notes, or other similar data relating to the work covered by the
Project.
6.1.5 Professional Liability Insurance
The CM shall secure professional liability insurance in an amount of One Million ($1,000,000)
Dollars.
6.1.6 Claims Made Form and Deductibles
If any such policy (ies) above is written on a claims made form, the retroactive date shall be
prior to or coincident with the effective date of this Agreement. The policy shall state that
coverage is Claims made, and state the retroactive date. Claims made form coverage shall be
maintained by the CM for a minimum of three years following the expiration or earlier
termination of this Agreement, and the CM shall annually provide OWNER with proof of
renewal. If renewal of the claims made form of coverage becomes unavailable, or economically
prohibitive, the CM shall purchase an extended reporting period ("tail") or execute another form
of guarantee acceptable to OWNER to assure financial responsibility for liability for services
performed.
The cost of any claim payments falling within the deductible or self-insured retention amount
shall be the responsibility of the CM.
6.1.7 Additional Insured And Primary Insurance Provisions
Insurance provided pursuant to sections 6.1.1 and 6.1.2, shall be endorsed to include OWNER,
Messerly Design Group (MDG) CH2M HILL, Inc., and their officers, any elected and appointed
officials, employees, agents and volunteers as additional insured, and shall not be reduced or
canceled without thirty (30) days prior written notice to OWNER, except for ten (10) days prior
written notice in the event of cancellation for nonpayment of premium. In addition, CM’s
insurance shall be primary but only to the extent of CM’S negligence; any other insurance
maintained by OWNER, CH2M HILL, Inc., and MDG shall be excess and not contributing
insurance with the CM’s insurance.
6.1.8 Evidence of Insurance
The following documents must be provided as evidence of insurance coverage:
A A copy of the policy's declarations pages, showing the Insuring Company, Named
Insured, policy number, policy effective dates, coverages, limits of liability and the
Schedule of Forms and Endorsements.
B. A copy of the endorsement designating OWNER, CH2M HILL, Inc., and MDG as
an Additional Insured but only to the extent of CM’S negligence (excluding
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Professional Liability Insurance), showing the policy number, and signed by an
authorized representative of the insurance company.
C. A copy of the "Endorsements Form List" to the policy or policies showing
endorsements issued on the policy, and including any company-specific or
manuscript endorsements.
D. A copy of an endorsement stating that the coverages provided by this policy to
OWNER or any other designated insured shall not be terminated, reduced or
otherwise materially changed without providing at least thirty (30) days prior written
notice to OWNER .
6.1.9 Insurance Conditions
The insurance certificates evidencing coverage, including endorsements and subsequent
renewals shall be subject to approval by OWNER's Risk Manager as to company form and
coverage. The insurance company shall be:
A. Rated A- VII or higher in the A. M. Best’s Key Rating Guide.
B. Licensed to do business in the State of Georgia.
6.1.10 Subcontractors
The CM shall obtain from each Sub-contractor, evidence of insurance meeting all the
requirements of sections 6.1.1 and 6.1.2.
6.2 Responsibility for Claims and Liability. The CM shall be responsible for any and all
damages to properties or persons caused by its employees, subcontractors, or agents, and shall
hold harmless OWNER, CH2M HILL, Inc., and MDG their officers, agents and employees from
all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting
from the CM, its subcontracts, or agents in the negligent performance or non-performance of
work under this Agreement. These indemnities shall not be limited by reason of the listing of
any insurance coverage.
7.0 NOTICES
A. Notices to OWNER shall be sent to the following address:
Augusta PMT
Attn: Clifford Carey,.
360 Bay Street, Suite 100
Augusta, GA 30901
B. Notices to the CM shall be sent to the following address:
Parsons Water & Infrastructure, Inc.
Attn: Tony Taylor, V.P.
5390 Triangle Parkway, Suite 100
Norcross, Georgia 30092
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8.0 TERMINATION
OWNER may terminate this Agreement at any time by sending written notice of termination to
CM (“Notice”). The Notice shall specify a termination date (“Termination Date”) at least ten
(10) business days after the date the Notice is issued. The Notice shall be effective (“Notice
Date”) upon the earlier of either actual receipt by CM (whether by fax, mail, delivery or other
method reasonably calculated to be received by CM in a reasonably prompt manner) or three
calendar days after issuance of the Notice. Upon the Notice Date, CM shall immediately
commence to end the Work in a reasonable and orderly manner. The CM shall be paid or
reimbursed for: (a) all hours worked and Eligible Expenses incurred up to the Notice Date, less
all payments previously made; and (b) those hours worked and Eligible Expenses incurred after
the Notice Date, but prior to the Termination Date, that were reasonably necessary to terminate
the Work in an orderly manner. The Notice shall be sent by the United States Mail to CM’s
address provided herein, postage prepaid, certified or registered mail, return receipt requested,
hand delivery or statutory overnight courier. Termination pursuant to this section does not
waive, release or forego any legal remedy for any violation, breach or non-performance of any of
the provision of this Agreement.
9.0 MISCELLANEOUS
9.1 Compliance With Law
9.1.1 General Requirement
The CM, at its sole cost and expense, shall perform and comply with all applicable laws of the
United States and the State of Georgia; the Consolidation Act and Augusta Municipal Code, and
ordinances of Augusta; rules, regulations, orders, and directives of their administrative agencies
and their officers; and any and all conditions, terms and requirements of any federal, state or
other grant that wholly or partially funds CM’s work hereunder, including but not limited to the
Open Records laws and the requirements for local, minority and women owned businesses.
9.1.2 Licenses and Similar Authorizations
Prior to performing any work pursuant to this Agreement, the CM shall secure and maintain in full
force and effect at its own expense during the term of this Agreement all required licenses,
permits, and similar legal authorizations required for performance of CM’S Work, and comply
with all related requirements, including, but not limited to, any State of Georgia business
licenses, Department of Revenue account and/or unified business identifier number as required ,
and an Augusta business license.
9.1.3 Taxes
The CM shall pay, before delinquency, all taxes, levies, and assessments arising from its
activities and undertakings under this Agreement; taxes levied on its property, equipment and
improvements; and taxes on the CM's interest in this Agreement and any leasehold interest
deemed to have been created.
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9.1.4 Americans with Disabilities Act
The CM shall comply with all applicable provisions of the Americans with Disabilities Act of
1990 (ADA) in performing its obligations under this Agreement. In particular, if the CM is
providing services, programs, or activities to OWNER employees or members of the public as
part of this Agreement, the CM shall not deny participation or the benefits of such services,
programs, or activities to people with disabilities on the basis of such disability. Failure to
comply with the provisions of the ADA shall be a material breach of, and grounds for the
immediate termination of, this Agreement.
9.2 Governing Law and Venue
The laws of the State of Georgia shall govern the Agreement and the rights of the parties herein.
Venue shall only be appropriate for Augusta, Georgia in the Superior Court of Richmond
County, Georgia.
9.3 Successors and Assigns
OWNER and CM respectively bind themselves, their partners, successors, assigns, and legal
representatives to the other Party hereto and to partners, successors, assigns, and legal
representatives of such other Party in respect to covenants, agreements, and obligations
contained in this Agreement. Neither Party shall assign the Work without written consent of the
other, except that CM may assign the Work for security purposes, to a bank or lending institution
authorized to do business in the State of Georgia. If either Party attempts to make such an
assignment without such consent, that party shall nevertheless remain legally responsible for all
obligations set forth in this Agreement.
9.4 Meaning of Words
Unless otherwise stated in the Agreement, and Contract Documents, words which have well-
known technical or construction industry meanings are used in the Agreement and Contract
Documents in accordance with such recognized meanings. Reference to standard specifications,
manuals, or codes of any technical society, organization, or association, or to the code of any
governmental authority, whether such reference be specific or by implication, shall be to the
latest standard specification, manual, or code in effect on the date for submission of bids, except
as may be otherwise specifically stated. Wherever in the Drawings and Specifications an article,
device, or piece of equipment is referred to in the singular manner, such reference shall apply to
as many such articles as are shown on the drawings, or required to complete the installation.
9.5 Rights and Remedies
No action or failure to act by OWNER shall constitute a waiver of a right or duty afforded them
under this Agreement, nor shall such action or failure to act constitute approval of an
acquiescence in a breach therein, except as may be specifically agreed in writing.
9.6 CM Registration
CM shall be registered or licensed as required by the laws of the State of Georgia including
registration with the Office of the Secretary of State of Georgia, Corporations Division.
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9.7 Time Computations
When computing any period of time, the day of the event from which the period of time begins
shall not be counted. The last day is counted unless it falls on a weekend or legal holiday, in
which event the period runs until the end of the next day that is not a weekend or holiday. When
the period of time allowed is less than 7 days, intermediate Saturdays, Sundays, and legal
holidays are excluded from the computation. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
9.8 Records Retention
The wage, payroll, and cost records of CM, and its Subcontractors, and all records subject to
audit in accordance with section 9.10, shall be retained for a period of not less than two (2) years
after the date of Completion or final payment whichever first occurs.
9.9 Third–Party Agreements, Beneficiaries
This Agreement shall not be construed to create a contractual relationship of any kind between:
between any parties other than the CM and OWNER and no third party beneficiaries shall be
recognized by this Agreement.
9.10 Audit
The CM shall permit OWNER and/or any other governmental agency that is involved in the
funding of the project (hereinafter referred to as "Agency"), including up to two (2) years after
the final payment has been made under this Agreement, to inspect and audit at any and all
reasonable times in Richmond County, Georgia, or at such other reasonable location as the
Agency selects, all pertinent books and records of the CM and any subcontractors or other
person or entity that has performed work in connection with or related to the CM's services under
this Agreement to verify, among other things, that the compensation or other consideration
provided to the CM has been appropriate, and that the contracted-for services were actually
provided; and shall supply OWNER with, or shall permit the Agency to make, a copy of any
directly pertinent books and records and any portion thereof, upon the Agency's request.
However audit rights shall not extend to lump sums, unit rates or costs expressed as a percentage
of other costs The CM shall ensure that such inspection, audit and copying right of the Agency
is a condition of any subcontract, agreement or other arrangement under which any other person
or entity is permitted to perform work in connection with or related to the CM's services under
this Agreement.
9.11 No Agency Created
The CM is not granted any express or implied right or authority to assume or create any
obligation or responsibility on behalf of or in the name of OWNER or to bind OWNER in any
manner or thing whatsoever.
9.12 Assignment and Subcontracting
CM shall not sublet or assign any of the Work without the express, prior written consent of
OWNER. The CM shall be responsible for ensuring that all subcontractors comply with the
obligations and requirements of this Agreement.
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9.13 Amendments
No modification or amendment of the provisions hereof shall be effective unless in writing and
signed by authorized representatives of the Parties. The Parties expressly reserve the right to
modify this Agreement, from time to time, by mutual agreement.
9.14 Executory Agreement
This Agreement shall not be valid until signed by both Parties.
9.15 Remedies Cumulative
Rights under this Agreement are cumulative; the failure to exercise on any occasion any right
shall not operate to forfeit such right on another occasion. The use of one remedy shall not be
taken to exclude or waive the right to use another.
9.16 Captions
The titles of sections are for convenience only and do not define or limit the contents.
9.17 Invalidity of Particular Provisions
A judicial determination that any term, provision, condition, or other portion of this Agreement,
or its application, is inoperative, invalid, or unenforceable shall not affect the remaining terms,
provisions, conditions, or other portions of this Agreement, nor shall such a determination affect
the application of such term, provision, condition, or portion to persons or in circumstances other
than those directly involved in the determination in which it is held to be inoperative, invalid, or
unenforceable, and as to such other persons or in such other circumstances it shall continue in
full force and effect.
9.18 No Waiver
No waiver of full performance by either party shall be construed, or operate, as a waiver of any
subsequent default or breach of any of the terms, covenants or conditions of this Agreement.
The payment of compensation to the CM shall not be deemed a waiver of any right or the
acceptance of defective performance.
9.19 Intellectual Property
Reports, drawings, plans, specifications and any other intangible property created in furtherance
of the Work are property of OWNER for all purposes, whether the project for which they are
made is executed or not, and may be used by OWNER for any purpose, provided however that
any use other than for the Project shall be at OWNER’s sole discretion and liability. Unless
otherwise expressly agreed in writing, all intellectual property rights in such documents or
intangible property created pursuant to this Agreement belong to OWNER. CM retains any
intellectual property rights in documents and intangible property created by CM prior to the
Effective Date or not created by CM for performance of this Agreement.
9.20 Integration
This Agreement represents the entire and integrated agreement between the Parties and
supersedes prior negotiations, representation or agreements, either written or oral. The Parties
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recognizes that this Agreement is intended to be integrated with the final CM construction
contract that will be executed at the completion of GMP negotiations.
9.21 Conflict of Interest
The CM agrees that it presently has no interest and shall acquire no interest, direct or indirect,
that would conflict in any manner or degree with the performance of its services hereunder. The
CM further agrees that, in the performance of the Agreement, no person having such interest
shall be employed.
9.22 Interest of Public Officials
No member, officer, or employee of the OWNER during his tenure or for one year thereafter,
shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.
9.23 Employment of Owner’s Personnel
The CM shall not employ any person or persons in the employ of the OWNER for any work
required by the terms of the Agreement, without the written permission of the OWNER except as
may otherwise be provided for herein.
9.24 Employment
The CM warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the CM, to solicit or secure this Agreement and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely
for the CM, any fee, commission, percentage, brokerage fee, gifts, or any other consideration,
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, OWNER shall have the right to annul this Agreement without liability
or, in its discretion, to deduct from the Contract Price or consideration or otherwise recover, the
full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
9.25 Equal Employment Opportunity
During the performance of this Agreement, the CM agrees as follows: (1) the CM will not
discriminate against any employee or applicant for employment because of race, creed, color,
sex or national origin; (2) the CM will, in all solicitations or advertisements for employees
placed by qualified applicants, receive consideration for employment without regard to race,
creed, color, sex or national origin; (3) the CM will cause the foregoing provisions to be inserted
in all subcontracts for any work covered by the Agreement so that such provision will be binding
upon each subcontractor, provided that the foregoing provision shall not apply to contracts or
subcontracts for standard commercial supplies of raw materials.
9.26 Drug Free Workplace
CM shall be responsible for insuring that its employees shall not be involved in any
manner with the unlawful manufacture, distribution, dispensation, possession, sale or use
of a controlled substance in the workplace. For purposes of the policy, “workplace” is
defined as OWNER owned or leased property, vehicles, and project or client site. Any
violation of the prohibitions may result in discipline and/or immediate discharge.
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CM shall notify the appropriate federal agencies of an employee who has a criminal drug
statute conviction for workplace violation.
CM may require drug or alcohol testing of employees when contractually or legally
obligated, or when good business practices would dictate.
9.27 Anti-Kickback Clause
Salaries of employees performing work under this Agreement shall be paid unconditionally and
not less often than once a month without deduction or rebate on any account except only such
payroll deductions as are mandatory by law. The CM hereby promises to comply with all
applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts
covering work under this Agreement.
9.28 Verbal Agreement or Conversation
No verbal agreement or conversation with any officer, agent, or employee of OWNER, either
before, during, or after the execution of this Agreement, shall affect or modify any of the terms
or obligations herein contained, nor shall such verbal agreement or conversation entitle the CM
to any additional payment whatsoever under the terms for this Agreement. All changes to this
Agreement shall be in writing and appended hereto as prescribed in 9.13 above.
9.29 Personnel
The CM represents that it has secured or will secure, at its own expense, all personnel necessary
to complete this Agreement; none of whom shall be employees of, or have any contractual
relationship with, OWNER. All of the services required hereunder will be performed by the CM
under its supervision, and all personnel engaged in the work shall be qualified and shall be
authorized or permitted under law to perform such services.
All key professional personnel, including subcontractors, engaged in performing services for the
CM under this agreement are indicated in personnel listing attached hereto as Attachment 2 –
Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall
be permitted in the CM’S Key Personnel without the prior written approval of OWNER or its
designee, which approval shall not be unreasonably withheld.
The CM shall employ only persons duly registered in the appropriate category in responsible
charge of supervision and construction of the work. The CM shall endorse all reports, contract
plans, and survey data. Such endorsements shall be made by a person duly registered in the
appropriate category of Professional Engineering, being in the full employ of the CM and
responsible for the work prescribed by this Agreement.
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IN WITNESS WHEREOF, OWNER and CM have executed this Agreement as of the date first
above written.
OWNER: AUGUSTA, GEORGIA
ATTEST:
SEAL
By: __________________________________ By: ___________________________________
The Honorable Deke Copenhaver Lena J. Bonner
Mayor Clerk of the Commission
Date: _________________ Date: _________________
APPROVED AS TO FORM: DEPARTMENT APPROVAL:
By: _____________________________________ By:
___________________________________
Stephen E. Shepard N. Max Hicks, PE
County Attorney Director, Augusta Utilities Department
Date: _________________ Date: _________________
CONSTUCTION MANAGER:
PARSONS WATER & INFRASTRUCTURE INC.
ATTEST:
SEAL
By: _____________________________________ By:
___________________________________
Name: Name:
Title: Title:
Agreement Page 18 of 20
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
Date: _________________ Date: ________________
Agreement Page 19 of 20
AUGUSTA - GENERAL CONDITIONS September 2005
GENERAL CONDITIONS
TABLE OF CONTENTS
Article 1 – Definitions GC-1
Article 2 – Preliminary Matters GC-4
Delivery of Bonds GC-4
Copies of Documents GC-4
Commencement of Contract Time, Notice to Proceed GC-4
Starting the Project GC-4
Before Starting Construction GC-4
Pre-construction Conference GC-5
Finalization Schedules GC-5
Article 3 - Contract Documents: Intent, Amending, Reuse GC-6
Intent GC-6
Amending and Supplementing Contract Documents GC-6
Reuse of Documents GC-7
Article 4 - Availability of Lands, Physical Conditions; Reference Points GC-8
Availability of Lands GC-8
Physical Conditions GC-8
Physical Conditions-Underground Facilities GC-9
Reference Points GC-9
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Material
GC-10
Article 5 – Bonds and Insurance GC-11
Performance and Other Bonds GC-11
Licensed Sureties and Insurers; Certificates of Insurance GC-11
CONTRACTOR’s Liability Insurance GC-11
Contractual Liability Insurance GC-12
OWNER’s Liability Insurance GC-12
Property Insurance GC-12
Waiver of Rights GC-13
Receipt and Application of Proceeds GC-14
Receipt and Application of Insurance Proceeds GC-14
Acceptance of Insurance GC-14
Partial Utilization-Property Insurance GC-14
Indemnification GC-15
Article 6 – CONTRACTOR’s Responsibilities GC-16
Labor, Materials and Equipment GC-16
Adjusting Progress Schedule GC-16
Substitutes or “Or-Equal” Items GC-17
Concerning Subcontractors, Suppliers and Others GC-17
GC 1
AUGUSTA - GENERAL CONDITIONS September 2005
Patent Fees and Royalties GC-18
Permits GC-18
Laws and Regulations GC-19
Taxes GC-19
Use of Premises GC-19
Record Documents GC-20
Safety and Protection GC-20
Emergencies GC-20
Shop Drawings and Samples GC-21
Continuing the Work GC-22
Cleaning Up GC-22
Indemnification GC-22
Article 7 – Other Work GC-24
Related Work at Site GC-24
Coordination GC-24
Article 8 – OWNER’s Responsibilities GC-25
Article 9 – Professional’s Status During Construction GC-26
OWNER’s Representative GC-26
Visits to Site GC-26
Project Representative GC-26
Clarifications and Interpretations GC-26
Authorized Variations in Work GC-26
Rejecting Defective Work GC-27
Shop Drawings, Change Orders and Payments GC-27
Determinations for Unit Prices GC-27
Decisions on Disputes GC-27
Limitations on PROFESSIONAL’s Responsibilities GC-28
Article 10 – Changes in the Work GC-29
Article 11 – Change of Contract Price GC-30
Cost of the Work GC-31
CONTRACTOR’s Fee GC-33
Cash Allowances GC-34
Unit Price Work GC-34
Article 12 – Change of Contract Time GC-36
Article 13 – Warranty and Guarantee; Tests and Inspections: Correction,
Removal or acceptance of Defective Work GC-37
Warranty and Guarantee GC-37
Access to Work GC-37
GC 2
AUGUSTA GENERAL CONDITIONS September 2005
Tests and Inspections GC-37
Uncovering Work GC-38
OWNER May Stop the Work GC-38
Correction or Removal of Defective Work GC-38
One Year Correction Period GC-39
Acceptance of Defective Work GC-39
OWNER May Correct Defective Work GC-39
Neglected Work by Contractor GC-40
Article 14 – Payments to CONTRACTOR and Completion GC-41
Schedule of Values GC-41
Application for Progress Payment GC-41
CONTRACTOR’s Warranty of Title GC-41
Review of Applications for Progress Payment GC-41
Substantial Completion GC-42
Partial Utilization GC-43
Final Inspection GC-44
Final Application for Payment GC-44
Final Payment and Acceptance GC-45
CONTRACTOR’s Continuing Obligation GC-46
Waiver of Claims GC-46
Article 15 – Suspension of Work and Termination GC-47
OWNER May Suspend Work GC-47
Termination for Cause GC-47
Termination for Convenience GC-48
CONTRACTOR May Stop Work or Terminate GC-49
Article 16 – Dispute Resolution GC-50
Article 17 – Miscellaneous GC-51
Giving Notice GC-51
Computation of Time GC-51
General GC-51
Substitutions GC-52
Sanitary Sewer Overflow Prevention GC-52
Program Manager GC-53
GC 3
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August 2001
GC Page 1 of 55
When shaded see SUPPLEMENTAL GENERAL CONDITIONS for modifications.
Underlined paragraphs indicate some but not all variations that may be found in CMAR Agreement
GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated, which are applicable to both the singular and plural thereof:
Addenda -Any changes, revisions or clarifications of the Contract Documents which have been duly issued by
OWNER to prospective Bidders prior to the time of opening of Bids.
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed;
other Contract Documents are attached to the Agreement and made a part thereof as provided therein.
Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required by
the Contract Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work
to be performed.
Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR
and its Surety in accordance with the Contract Documents.
Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and
OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or
the Contract Time, issued on or after the Effective Date of the Agreement.
Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's
Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the
Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the
Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically
identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after
execution of Contract together with all amendments, modifications and supplements issued pursuant to
paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement.
Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated
in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph 17.2.1) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR -The person, firm or corporation with whom OWNER has entered into the Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the
Augusta-Richmond County Commission, and its authorized designees, agents, or employees.
Day -Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a
legal holiday, that day will be omitted from the computation. Legal Holidays: New Year’s Day, Martin Luther
King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday,
and Christmas Day.
Augusta CMAR Agreement MESSERLY WPCP Revision Date
August 2001
GC Page 2 of 55
When shaded see SUPPLEMENTAL GENERAL CONDITIONS for modifications.
Underlined paragraphs indicate some but not all variations that may be found in CMAR Agreement
Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or
deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to
PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10).
Drawings-The drawings which show the character and scope of the Work to be performed and which have
been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents.
Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no
such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia.
Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which
does not involve a change in the Contract Price or the Contract Time.
General Requirements-Sections of Division I of the Specifications.
Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders.
Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL)
fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to
perform CONTRACTOR'S obligations under the Contract Documents.
OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission.
Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a
related purpose) before reaching Substantial Completion for all the Work.
PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to
perform the design and/or resident engineer services for the Work.
PROGRAM MANAGER – The professional firm or individual designated as the representative or the OWNER
who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is
part of an OWNER designated program.
Project-The total construction of which the Work to be provided under the Contract Documents may be the
whole, or a part, as indicated elsewhere in the Contract Documents.
Project Area-The area within which are the specified Contract Limits of the improvements contemplated to
be constructed in whole or in part under this Contract.
Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his
successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having
in charge the work embraced in this Contract.
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August 2001
GC Page 3 of 55
When shaded see SUPPLEMENTAL GENERAL CONDITIONS for modifications.
Underlined paragraphs indicate some but not all variations that may be found in CMAR Agreement
Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM
MANAGER who is assigned to the site or any part thereof.
Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared
by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and
submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.
Specifications-Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other
SUBCONTRACTOR for the performance of a part of the Work at the site.
Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the
opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or
specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued,
when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and
"substantially completed" as applied to any Work refer to Substantial Completion thereof.
Supplementary Conditions-The part of the Contract Documents which amends or supplements these General
Conditions.
Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such facilities which have been installed
underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems, or water.
Unit Price Work-Work to be paid for on the basis of unit prices.
Work-The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as
required by the Contract Documents.
Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or
revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to
be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change
Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that
the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract
Time as provided in Article 10.
Written Amendment-A written amendment of the Contract Documents, signed by OWNER and
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CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering
or non-technical rather than strictly Work-related aspects of the Contract Documents.
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ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
Copies of Documents:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1)
complete set of the Contract Documents for execution of the work. Additional sets of the project manual and
drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY
upon CONTRACTOR’s request and at CONTRACTOR’s expense, which will be OWNER’s standard charges
for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed
may be given at any time after the Effective Date of the Contract.
Starting the Project:
2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall
be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR
prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall
be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract
Documents, if CONTRACTOR knew or reasonably should have known thereof.
2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the
General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review:
2.6.1. an estimated progress schedule indicating the starting and completion dates of the various
stages of the Work:
2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and
2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of
items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to
serve as the basis for progress payments during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at
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the time of submission.
2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identified in the Supplementary Conditions, an original policy or certified copies of
each insurance policy (and other evidence of insurance which OWNER may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with Article 5.
Pre-construction Conference:
2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER ,
PROFESSIONAL and others as appropriate will be held to establish a working understanding among the
parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling
Shop Drawings and other submittals, processing applications for payment and maintaining required records.
Finalizing Schedules:
2.9. At least ten days before submission of the first Application for Payment, a conference attended by
CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the
schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10)
calendar days to make corrections and adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to
OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to
OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any
specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL
responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and
Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for
reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by
PROFESSIONAL as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as
compared to scheduled progress on work. Schedule updates shall accompany each pay request.
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ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as
if called for by all. The Contract Documents will be construed in accordance with the law of the State of
Georgia.
3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that
may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being
required to produce the intended result will be supplied whether or not specifically called for. When words or
phrases which have a well-known technical or construction industry or trade meaning are used to describe
Work, materials or equipment, such words shall be interpreted in accordance with that meaning.
3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the
Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between
the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code
or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the
provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided
in paragraph 9.4.
3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the Laws or Regulations of any governmental authority, whether such reference be specific
or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect
at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may
be otherwise specifically stated in the Contract Documents.
3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any provision of any
such Law or Regulation applicable to the performance of the Work or of any such standard, specification,
manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to
PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a
written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to
OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract
Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof.
Amending and Supplementing Contract Documents:
3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the
Work or to modify the terms and conditions thereof in one or more of the following ways:
3.6.1. a formal Written Amendment,
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3.6.2. a Change Order (pursuant to paragraph 10.3), or
3.6.3. a Work Change Directive (pursuant to paragraph 10.4).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a
Change Order or a Written Amendment.
3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized in one or more of the following ways:
3.7.1. a Field Order (pursuant to paragraph 9.5).
3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and
6.26), or
3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4).
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire
any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall
not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the
Project or any other project without written consent of OWNER and PROFESSIONAL and specific written
verification or adaptation by PROFESSIONAL.
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ARTICLE 4-AVAILABILITY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is
to be performed, rights-of-way and easements for access thereto, and such other lands which are designated
for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be
borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or
extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER’s
furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials and equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification
of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been
utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have
been utilized in preparing the Contract Documents.
4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such
reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such
reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER,
PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but
not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions and programs incident thereto, or
4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any
such data, interpretations, opinions or information.
4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly
before conditions are disturbed and in no event later than 48 hours after first observance of the conditions.
4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they
differ materially and cause an increase or decrease in CONTRACTOR’s cost of, or time required for,
performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable
adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine
that the conditions at the Site are not materially different from those indicated in the Contract Documents or
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are not materially different from those ordinarily found and that no change in the terms of the Contract is
justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be
performed after direction is provided by the PROFESSIONAL.
Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the site is based on information and data
furnished to OWNER or PROFESSIONAL by OWNER’S of such Underground Facilities or by others. Unless
it is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of
any such information or data; and
4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall
have full responsibility for reviewing and checking all such information and data for locating all Underground
Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER’S of
such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph
6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as
having been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not
reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof
and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22,
identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to
OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine
the extent to which the Contract Documents should be modified to reflect and document the consequences of
the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to
the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the
existence of any Underground Facility that was not shown or indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree
as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and
12.
Reference Points:
4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in
PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL
whenever any reference point is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such reference
points by professionally qualified personnel.
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Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor,
Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition
and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and
PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous
condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection
with such hazardous condition or in any such affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition
and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special
conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as
to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a
result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be
resumed, either party may make a claim therefor as provided in Articles 11 and 12.
4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such
Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous
conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree
as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a
result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles
11 and 12. OWNER may have deleted such portion of the Work performed by OWNER’s own forces or others
in accordance with Article 7.
4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered or revealed at the site.
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ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal
to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations
under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when
final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract
Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary
Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents
and be executed by such sureties as are named in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published
in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds
signed by an agent must be accompanied by a certified copy of the authority to act.
Licensed Sureties and Insurers; Certificates of Insurance
5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained
by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds
signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance
companies shall also meet such additional requirements and qualifications as may be provided in the
Supplementary Conditions.
5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in
5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of
insurance (and other evidence of insurance requested by OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain in accordance with 5.3.
5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or it
ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute
another Bond and Surety, both of which must be acceptable to OWNER.
CONTRACTOR's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other
insurance as is appropriate for the Work being performed and furnished and as will provide protection from
claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of
the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed
or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of
them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar
employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of
CONTRACTOR's employees;
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5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any
person as a result of an offense directly or indirectly related to the employment of such person by
CONTRACTOR, or (b) by any other person for any other reason;
5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting therefrom;
5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or
death of any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising
out of the OWNERSHIP, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific coverage’s and be written for not less
than the limits of liability and coverage’s provided in the Supplementary Conditions, or required by law,
whichever is greater. The comprehensive general liability insurance shall include completed operations
insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or
other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to
OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in
effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain
such completed operations insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of such insurance at final payment and one year thereafter.
Contractual Liability Insurance:
5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual
liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33.
OWNER's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance,
and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will
protect OWNER against claims which may arise from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and
maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such
deductible amounts as may be provided in the Supplementary Conditions or required by Laws and
Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors,
PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall
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be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage
and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as may be provided in the Supplementary
Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss
or incurred in the repair or replacement of any insured property (including but not limited to fees and charges
of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk"
insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and
maintain similar property insurance on portions of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for Payment.
5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include
the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's
consultants in the Work, all of whom shall be listed as insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be
purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at
least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver
provisions in accordance with paragraph of 5.11.2.
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to
protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible
amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will
be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other special insurance be included in the property
insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advice CONTRACTOR whether or not such other insurance has been
procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages
caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and
5.7 and other property insurance applicable to the Work, and also waive all such rights against the
Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in
such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between
CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of
OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as
insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the
proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and
5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by
the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event
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of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named
as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by
PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms
are required of any Subcontractor, CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be
adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may
appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall
deposit in a separate account any money so received and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work
shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost
thereof covered by an appropriate Change Order or Written Amendment.
Receipt and Application of Insurance Proceeds
5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's
exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers
in accordance with such agreement as the parties in interest may reach. If required in writing by any party in
interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper
performance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance
required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on
the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing
thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph
2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on
the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing
thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with
paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in
respect of insurance provided by each as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of
such insurance purchased by the other as complying with the Contract Documents.
Partial Utilization-Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with
paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be canceled or lapse on account of any such partial use or
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occupancy.
Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its
employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses,
including attorneys’ fees, arising out of or resulting from the performance of its Work, provided that any such
liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or
death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is
caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is
caused in whole or in part by the negligence or other fault of a party indemnified hereunder.
5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of
CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall
not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any SUBCONTRACTOR under workmen’s compensation acts, disability benefit acts, or
other employee benefit acts.
5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys’
fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in
connection with any alleged infringement of such rights.
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ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods,
techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the
negligence of others in the design or specification of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident
superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except
under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and
shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the site. Except in connection with the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not
permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's
written consent given after prior written notice to PROFESSIONAL.
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities
and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing,
initial operation, and completion of the Work as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in
the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no
provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's
consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of
the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or
9.15.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these
will conform generally to the progress schedule then in effect and additionally will comply with any provisions
of the General Requirements applicable thereto.
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Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to
establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material
or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL
will include the following as supplemented in the General Requirements. Requests for review of substitute
items of material and equipment will not be accepted by PROFESSIONAL from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,
CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the
proposed substitute will perform adequately the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that specified.
The application will state that the evaluation and acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and
whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any
license fee or royalty. All variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service will be indicated. The application will
also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such
substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of
which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may
require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed
substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or
required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits
sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar
to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen-
eral Requirements.
6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed
substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed
or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change
Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's
expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will
record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether
or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the
charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization
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(including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially
or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to
furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or
other persons or organizations including those who are to furnish the principal items of materials and
equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by
OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the
Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance or objection in the bidding documents or the
Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be
revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall
submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost
occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment
signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person
or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any
of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual
relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to pay or to see to
the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as
may otherwise be required by Laws and Regulations.
6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL
and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a
just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued
pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation in the Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and
hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them
from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration
costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of
the Work or resulting from the incorporation in the Work of any invention, design, process, product or device
not specified in the Contract Documents, and shall defend all such claims in connection with any alleged
infringement of such rights.
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Permits:
6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental
charges and inspection fees, and all public utility charges which are applicable and necessary for the
execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and
paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting
process will be considered for time extensions only and no damages or additional compensation for delay will
be allowed.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and
Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such
laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall
then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or
should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to
the Project Manager, it shall bear all related costs.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in
accordance with the Laws and Regulations of the place of the Project which are applicable during the
performance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by the Contract
Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and
easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Any loss or damage to CONTRACTOR’s or any Subcontractor’s equipment is
solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any
such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting
from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any
such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to
settle with such other party by agreement or otherwise resolve the claim by arbitration or at law.
CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER
harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of
PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising
directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party
against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work. At the
completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about
the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials,
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and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original
condition all property not designated for alteration by the Contract Documents.
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6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to
stresses or pressures that will endanger them.
Record Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents
and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all
changes made during the construction process. These shall be available to PROFESSIONAL and the Project
Manager and shall be submitted with the Application for Final Payment.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored
equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored
equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or loss to:
6.20.1. all employees on the Work and other persons and organizations who may be affected thereby;
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or
off the site; and
6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction
for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of
adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect
them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.
All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or
indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or
PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be
liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON-
TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall
continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER
and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Completion).
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the
prevention of accidents at the site. This person shall be CONTRACTOR’s superintendent unless otherwise
designated in writing by CONTRACTOR to the Project Manager.
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Emergencies:
6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site
or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or
OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give
PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a
change in the Contract Documents is required because of the action taken in response to an emergency, a
Work Change Directive or Change Order be issued to document the consequences of the changes or
variations.
6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to
any person on the Site, whether or not such person was engaged in the construction of the Project, and shall
file a written report on such person(s) and any other event resulting in property damage of any amount within
five (5) days of the occurrence.
6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because
of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to
document the consequences of such action.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to
PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and
samples required by the Contract Documents. All submittals and samples shall have been checked by and
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data
shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any
other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of
each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or
sample may have from the requirements of the Contract Documents.
6.24. PROFESSIONAL shall review and approve submittals and samples. Professional’s review and
approval shall be only for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. The approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by
PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR’s
stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and
OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria,
materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or
coordinated with the requirements of the Work and the Contract Documents.
6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has
been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be
kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER.
Any delays associated with the submittal process will be considered for time extensions only, and no damages
or additional compensation for delay will be allowed.
6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined
and verified all quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or
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sample with other Shop Drawings and samples and with the requirements of the Work and the Contract
Documents.
6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written
notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to
PROFESSIONAL for review and approval of each such variation.
6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and
samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of
the Project and for compliance with the information given in the Contract Documents and shall not extend to
means, methods, techniques, sequences or procedures of construction (except where a specific means,
method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item
as such will not indicate approval of the assembly in which the item functions.
6.27. PROFESSIONAL’s approval of submittals or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has,
in writing, called PROFESSIONAL’s attention to each such variation at the time of submission and the
OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not
relieve CONTRACTOR from responsibility for errors or omissions in the submittals.
6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of
shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work
performed prior to PROFESSIONAL’s review and approval of the pertinent submittal will be at the sole
expense and responsibility of CONTRACTOR.
Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes
or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise
agree in writing.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and
other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the
work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools,
construction equipment and machinery, and surplus materials and will leave the Site clean and ready for
occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition
to any other rights available to OWNER under the Contract Documents, CONTRACTOR’s failure to maintain
the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original
condition those portions of the site not designated for alteration by the Contract Documents.
Indemnification:
6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and
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hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and
employees from and against all claims, damages, losses and expenses, direct, indirect or consequential
(including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects,
attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself)
including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by
Law and Regulations regardless of the negligence of any such party.
6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of
their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of
PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
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ARTICLE 7---OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have
other work performed by aided OWNERs or let other direct contracts therefor which shall contain General
Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract
Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if
CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires
additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a
direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work
of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the
written consent of PROFESSIONAL and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other
contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct
contracts between OWNER and such utility OWNERs and other contractors.
7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of
any such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to
PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an
acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or
nonapparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the
person or organization who will have authority and responsibility for coordination of the activities among the
various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be
covered by such authority and responsibility will be itemized, and the extent of such authority and
responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the
Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in
respect of such coordination.
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ARTICLE 8---OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all
communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such
appointment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and
14.13.
8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys
to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's
identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface
conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the
Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property
insurance are set forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and
15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain
circumstances.
8.9 Added in SGC
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of
construction to observe the premises and quality of the executed Work and to determine, in general, if the
Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that
the completed Work will conform to the Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER
informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in
the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project
Representative to assist PROFESSIONAL in observing the performance of the Work. The duties,
responsibilities and limitations of authority of any such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at
the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of
authority of such other person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of
the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to
an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in
Articles 11 or 12.
Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order
and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If
CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the
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Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL
believes to be defective and will also have authority to require special inspection or testing of the Work as
provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29 inclusive.
9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11
and 12.
9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment,
etc., see Article 14.
Determinations for Unit Prices:
9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's
preliminary determinations on such matters before rendering a written decision thereon (by recommendation of
an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and
binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either
OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written
notice of intention to appeal from such a decision.
Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the
performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the
Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a
formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a
reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant
to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after
the occurrence of the event giving rise thereto) and written supporting data will be submitted to
PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows
an additional period of time to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL
will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation
or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant
to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have
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been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other
matter.
Limitations on PROFESSIONAL's Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract
Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or
responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be
responsible for CONTRACTOR’s failure to perform the Work in accordance with the Contract Documents.
9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agents or employees, or any other persons performing any of the Work.
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ARTICLE 10--CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions,
deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request,
identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a
written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request
calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the
proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall
not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable
conditions of the Contract Documents.
10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not
entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the
case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall
prevail irrespective of any conflicting provisions contained in these Contract Documents.
10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency
as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the
Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and
CONTRACTOR and submitted to OWNER for approval.
10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a
Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with
Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined
to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive , CONTRACTOR
may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated
to fully perform the work as directed by the Work Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any
Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the
amount of each applicable Bond will be adjusted accordingly.
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ARTICLE 11-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to written authorized
adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR’s expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party
making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days)
after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of
the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless
PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts
(direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event.
All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with
paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for
an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the
Contract Price will be determined by the following procedures:
11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and
acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are
approximations prepared by OWNER for bid purposes and that the actual compensation payable to
CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual
quantities of items involved as measured in the field and required to complete the Work as originally defined in
the Contract Documents.
11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as
defined in these Contract Documents, is required and affects the quantities required for items designed in the
Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to
CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the
application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item
required to complete the Work as defined in the Contract Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and
CONTRACTOR may establish unit prices as agreed on by Change Order.
11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work
is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount
of increase or decrease in the lump sum price shall be established by mutual agreement of the parties.
11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on
a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance
with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable
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price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the
Change Order.
11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions
within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs
to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the
discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum
quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR’s failure to
construct to plan or authorized dimensions.
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by
OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for
employees not employed full time on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits
which shall include social security contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and
refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of
PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid
on the basis of Cost of the Work 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.
11.4.4. 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.
11.4.5. Supplemental costs including the following:
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11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and 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.
11.4.5.3. 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
PROFESSIONAL, and the 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
or parts shall cease when the use thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
11.4.5.5. 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.
11.4.5.6. 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 paragraph 5.6) provided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such losses shall include settlements made with the written consent
and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work
for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a
fee proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
site, expressage and similar petty cash items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the
Work and premiums of property insurance coverage within the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.6.
11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general
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administration of the Work and not specifically included in the agreed upon schedule of job classifications
referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered
administrative costs covered by CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's
office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital
used for the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except for the cost of premiums
covered by subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to,
the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any
damage to property.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined
as follows:
11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon;
11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be
fifteen percent,
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a
subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors shall be fifteen percent,
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and
11.3,
11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change
which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in
CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and
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11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4, inclusive.
11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with
supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the
amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net
decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project
Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved
in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether
an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by
discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate
for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized,
plus the overhead and profit markup.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so
named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or
Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL
CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs,
overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price
and not in the allowances. No demand for additional payment on account of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to
reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price
shall be correspondingly adjusted.
Unit Price Work:
11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified item of Unit Price Work times the estimated quantity of
each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will
be made by PROFESSIONAL in accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
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11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs
materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no
corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that
CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an
increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount
of any such increase.
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ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in
the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7)
calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be
submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the
OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time
must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was
beyond CONTRACTOR’s control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or
by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor
disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by
CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR’s control or fault, then the
Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine.
CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay
which OWNER may determine to be due solely to such causes and only to the extent such occurrences
actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all
the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract
Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance,
progress, commencement or completion of the Work for any cause whatsoever, including those for which
OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty
to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR’s
sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of
any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the
procedures set forth herein.
12.3 Added in SGC
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ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be
new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner,
free from faults or defects, and in accordance with the requirements of the Contract Documents and any
inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work
not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all
applicable building, construction and safety requirements shall be considered defective. Notice of all defects
shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be
rejected, corrected, or accepted as provided in this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated
representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be
given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of
the Work and also for any inspection or testing by others.
Tests and Inspections:
13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than
CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore.
13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or
approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All
other inspections, tests or approvals shall be at CONTRACTOR’s expense including additional expenses for
inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours
per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled
away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection,
testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society
for Testing and Materials or such other applicable organizations as may be required by law or the Contract
Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of
PROFESSIONAL and at CONTRACTOR’s expense.
13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any
public body having jurisdiction shall be performed by organizations acceptable to OWNER and
CONTRACTOR (or by PROFESSIONAL if so specified).
13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered
without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for
observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given
PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not
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acted with reasonable promptness in response to such notice.
13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or
approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the
Work in accordance with the requirements of the Contract Documents.
Uncovering Work:
13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the
prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of
PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection,
testing or approval and replaced at CONTRACTOR’s expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall
uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may
require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is
found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not
limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and
OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to
agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however,
such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or
an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation,
inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
OWNER May Stop the Work:
13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or
suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment
or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order
CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of
OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the
benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the
Contract Price or Contract Time or other damages for a stop work order under this paragraph.
Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER
and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or
completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not
correct such defective Work or remove and replace such defective Work within a reasonable time, as specified
in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect
costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR.
CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others
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destroyed or damaged by the correction, removal, or replacement of the defective Work.
One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER’s written instructions, either correct such
defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective
Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the
defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal
and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and,
prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER
may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's
evaluation of and determination to accept such defective Work (such costs to be approved by
PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's
recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim
therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount
will be paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to
proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in
accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents,
OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In
exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent
necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part
of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto,
take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and
incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees such access to the site as may be necessary to enable OWNER to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER
in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to
reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary
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revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may
make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but
not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs
and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or
replacement of CONTRACTOR's defective Work. 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.
Neglected Work by CONTRACTOR
13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a
recovery plan and take specific corrective actions including, but not limited to, employing additional workmen
and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put
the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective
action, OWNER may terminate the contract or CONTRACTOR’s right to proceed with that portion of Work and
have the Work done by others. The cost of completion under such procedure shall be charged against
CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract
Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are
not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs
to OWNER of associated inspection, construction management and resident engineers shall be identified to
CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application
for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the
application and accompanied by such supporting documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and
suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the
materials and equipment free and clear of all liens and evidence that the materials and equipment are covered
by appropriate property insurance and other arrangements to protect OWNER’s interest therein, all of which
will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the
final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be
as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered
by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than
the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or
return the application to CONTRACTOR indicating in writing PROFESSIONAL’s reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit
the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for
payment with PROFESSIONAL’s recommendation of the amount for payment, pay CONTRACTOR amount
recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment
will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site
observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF-
ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work
has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and
belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the
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Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests
called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price
Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that
CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such
payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous
on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities
specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or
issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation
by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final
payment as set forth in paragraph 14.13 have been fulfilled.
14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in
PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL
may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent
as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims
have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or
Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set
against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a
copy to PROFESSIONAL) stating the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR
shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for
items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a
certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If
PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify
CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially
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complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial
Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a
tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after
receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any
provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes
that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the
tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after
consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete,
PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a
definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or
corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after
consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial
Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to
division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing
the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be
binding on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER’s option of any substantially completed part of the Work which (i)
has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by
OWNER for its intended purpose without significant interference with CONTRACTOR’s performance of the
remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the
following:
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If
CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the
Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion
for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that
CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and
request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider
that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR,
in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially
complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial
Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
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14.10.2. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of such request will be
sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and
PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final
payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the
Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be
completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written
recommendation as to the division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time
when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed
PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work,
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion
thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will
notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi-
ciencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of
PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance
and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required
by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may
make application for final payment following the procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety,
if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of
all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as
approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of
CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which
a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with
the Work for which OWNER or OWNER’s property might in any way be responsible have been paid or
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otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full,
CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against
any lien.
14.12.1. No application for final payment will be accepted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER
and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider,
Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of
them are or will be made. Such parties shall rely only on CONTRACTOR’s surety bonds for remedy of
nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors,
indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or
supplier or material men or laborer services in connection with this project.
14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any
damages sustained, including lost profits, resulting from CONTRACTOR’s failure or refusal to perform the
work required by these contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL’s observation of the Work during construction and final
inspection and PROFESSIONAL’s review of the final Application for Payment and accompanying
documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been
completed and CONTRACTOR’s other obligations under the Contract Documents have been fulfilled,
PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in
writing PROFESSIONAL’s recommendation of payment and present the Application to OWNER for payment.
At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to
OWNER of the application and accompanying documentation, in appropriate form and substance and with
PROFESSIONAL’s recommendation and notice of acceptability, the amount recommended by
PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and
if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR’s final Application for Payment
and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if
bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to
PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
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CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL,
nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR
under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any
act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or
sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph
14.13, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in
accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents (except as provided in paragraph 14.16).
Waiver of Claims:
14.16. The making and acceptance of final payment will constitute:
14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from
unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply
with the Contract Documents or the terms of any special guarantees specified therein, or from
CONTRACTOR’s continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made
in writing and still unsettled.
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ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix
the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed.
CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or
both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided
in Articles 11 and 12.
Termination For Cause:
15.2. Upon the occurrence of any one or more of the following events:
15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code
(Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or
similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating
to the bankruptcy or insolvency;
15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now
or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief
against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or
insolvency;
15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law
or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the
purpose of enforcing a Lien against such property or for the purpose of general administration of such property
for the benefit of CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due;
15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
Documents,
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OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to
the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude
CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and use the same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all
materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored
elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be
entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees
and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration
costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to
reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or
remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work
performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will be the
means for disposition of the balance of the contract obligations.
Termination for Convenience
15.4. Upon seven working days’ written notice to CONTRACTOR and PROFESSIONAL, OWNER
may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the
Contract. In such case, CONTRACTOR shall be paid (without duplication of any items):
15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such
Work;
15.4.2. For expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will
not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR
from liability.
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CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than
ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails
to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days
to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working
days’ written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not
remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER
payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to
any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days
after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay
CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days’ written notice to
OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude
CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time
or otherwise for expenses or damage directly attributable to CONTRACTOR’s stopping Work as permitted by
this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under
paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during
disputes and disagreements with OWNER.
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ARTICLE 16--DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both,
or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the
commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining
to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the
facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In
the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the
time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a
continuing character and notice of the claim is not given within ten (10) working days of its commencement,
the claim will be considered only for a period commencing ten (10) working days prior to the receipt by
OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by
registered or certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR
arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia
Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract
consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to
contest same.
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ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail,
postage prepaid, to the last business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed
to exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be
omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall
constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of
any error, omission or act of the other party or of any of the other party's employees or agents or others for
whose acts the other party is legally liable, claim should be made in writing to the other party within a
reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or
repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees
and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all
of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are
not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to
which they apply. All representations, warranties and guarantees made in the Contract Documents will survive
final payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this
Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of
five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to
audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the
period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be
conducted only during normal business hours. OWNER, during this period of time, shall also have the right to
obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the
aforesaid records and supporting documentation.
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Underlined paragraphs indicate some but not all variations that may be found in CMAR Agreement
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the
Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract
Documents shall control.
17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and
CONTRACTOR specifically waives any claim to same.
Substitutions:
17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of
materials that are not determined to be equivalent to those indicated or required in the contract documents
without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to
waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a list of key personnel with 24-hour contact information who will respond during an emergency
situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any
changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT
REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the
State.
17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation
and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to
waters of the State.
17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following
actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT
PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction
conference).
3. Maintain a chronicle of relevant information regarding the incident including specific actions taken
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by the CONTRACTOR and estimates of the discharge volume.
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if
appropriate.
17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the
CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities
Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be
the responsibility of the CONTRACTOR.
17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by
the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR.
PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta,
GA 30901.
The presence or duties of PROGRAM MANAGER’s personnel at the construction site, whether as onsite
representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER’s personnel in
any way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and
do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including,
but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the construction Contract
Documents and any health and safety precautions required by such construction work.
PROGRAM MANAGER and PROGRAM MANAGER’s personnel have no authority to exercise any control
over any construction contractor or other entity or their employees in connection with their work or any health
or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or
safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM
MANAGER’s own personnel.
The presence of PROGRAM MANAGER’s personnel at the construction site is for the purpose of providing to
OWNER a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction documents
has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither
guarantees the performance of the construction contractor(s) nor assumes responsibility for construction
contractor’s failure to perform work in accordance with the construction documents.
For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into
the construction work, and construction contractors include manufacturers of materials incorporated into the
construction work
Augusta CMAR MESSERLY WPCP SGC dated February 14, 2007
Supplemental General Conditions
These Supplemental General Conditions are intended to modify general conditions and in the event of a
conflict with the general conditions, the special conditions shall control.
1.0 Liability Insurance:
CONTRACTOR’S insurance shall be written with limits of liability shown below or as required
by law, whichever is greater:
Commercial General Liability $2,000,000 General Aggregate
$1,000,000 per occurrence (each Occurrence)
Automotive Liability $1,000,000 Combined Single Limit (any auto)
Workers Compensation Statutory Limits
Employer’s Liability $1,000,000 each accident
$1,000,000 Disease – Policy Limit
$1,000,000 Disease – Each Employee
Personal and Adv. Injury $1,000,000
Products $2,000,000
Excess Liability (Umbrella) $5,000,000 Each Occurrence
2.0 ARTICLE 4-AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE
POINTS
Physical Conditions: Section 4.2.3. is hereby replaced and superseded by the following: “If conditions
are encountered, including existing utilities, at the site which are (1) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown
physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the Contract
Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are
disturbed and in no event later than 48 hours after first observance of the conditions.”
3.0 ARTICLE 5-BONDS AND INSURANCE
3.1 Performance and Other Bonds:
Section 5.1 is hereby replaced and superseded by the following: “CONTRACTOR shall furnish
performance and payment Bonds, each in an amount equal to, but not to exceed, the Contract Price as
Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract
Documents. These Bonds shall remain in effect until one year after the date when final payment becomes
due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR
shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in
the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties
as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the
Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act.”
3.2 Licensed Sureties and Insurers; Certificates of Insurance
Section 5.2.2 is hereby replaced and superseded by the following: “CONTRACTOR shall deliver
to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the
certificates of insurance (and other evidence of insurance requested by OWNER or any other additional
insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3.
3.3 CONTRACTOR's Liability Insurance:
Section 5.3 is hereby replaced and superseded by the following: “CONTRACTOR shall purchase
and maintain such comprehensive general liability and other insurance as is appropriate for the Work being
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performed and furnished and as will provide protection from claims set forth below to the extent caused by
CONTRACTOR's negligent performance and furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR,
by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any
of the Work, or by anyone for whose acts any of them may be liable:
The insurance required by this paragraph 5.3 shall include the specific coverage’s and be written
for the limits of liability and coverage’s provided in the Supplementary Conditions, or required by law,
whichever limit is greater. The comprehensive general liability insurance shall include completed
operations insurance. All of the policies of insurance so required to be purchased and maintained (or the
certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded
will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has
been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such
insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition,
CONTRACTOR shall maintain such completed operations insurance for at least two years after final
payment and furnish OWNER with evidence of continuation of such insurance at final payment and one
year thereafter.”
3.4 Receipt and Application of Proceeds:
Section 5.12 is hereby replaced and superseded by the following: “Any insured loss under the
policies of insurance required by paragraphs 5.6 and 5.7 to be provided by OWNER will be adjusted with
OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to
the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a
separate account any money so received and shall distribute it in accordance with such agreement as the
parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired
or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.”
3.5 Receipt and Application of Insurance Proceeds
Section 5.13 is hereby replaced and superseded by the following: “Subject to the provisions of
paragraph 5.12, OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless
one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to
OWNER's exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement
with the insurers in accordance with such agreement as the parties in interest may reach. If required in
writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond
for the proper performance of such duties.”
3.6 Indemnification
Section 5.16.1 is hereby replaced and superseded by the following: “CONTRACTOR shall
indemnify and hold harmless OWNER, PROGRAM MANAGER, and its employees and agents from and
against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys’ fees, to
the extent caused by CONTRACTOR’S negligent performance of its Work, provided that any such
liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease
or death, or injury to or destruction of tangible property therefrom and (b) is caused by an act or omission
of CONTRACTOR, any Subcontractor anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable.”
4.0 ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
4.1 Permits:
Section 6.13 is hereby replaced and superseded by the following: “CONTRACTOR shall obtain
and pay for all construction permits, licenses, governmental charges and inspection fees, and all public
utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be
included in the base bid. Permits, if any that are provided and paid for by OWNER are listed in the
Supplementary Conditions. Any delays associated with the permitting process will be considered for time
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extensions only and no damages or additional compensation for delay will be allowed. The Permit to
Operate a Water Pollution Control Plant issued by EPD shall be the responsibility of the OWNER.
4.2 Use of Premises:
Section 6.16 is hereby replaced and superseded by the following: “CONTRACTOR shall confine
construction equipment, the storage of materials and equipment and the operations of workers to the Project
site and land and areas identified in and permitted by the Contract Documents and other land and areas
permitted by Laws and Regulations, rights-of-way, permits and easements. CONTRACTOR shall not
unreasonably encumber the premises with construction equipment or other materials or equipment. Any
loss or damage to CONTRACTOR’s or any Subcontractor’s equipment is solely at the risk of
CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or
area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting from the
performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such
OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to
settle with such other party by agreement or otherwise resolve the claim by arbitration or at law.
CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold
OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to,
fees of PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs)
arising out of any action, legal or equitable, brought by any such other party against OWNER to the extent
based on a claim arising out of CONTRACTOR's performance of the Work.”
4.3 Indemnification:
Section 6.32 is hereby replaced and superseded by the following: “To the fullest extent permitted
by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM
MANAGER and PROFESSIONAL and their consultants, agents and employees from and against all
claims, damages, losses and expenses (including but not limited to fees and charges of PROGRAM
MANAGER, PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and
arbitration costs) to the extent caused by CONTRACTOR’S negligent performance of its Work and/or
breach of it’s contractual duties set forth herein,, provided that any such claim, damage, loss or expense (a)
is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itself) resulting therefrom and (b) is caused by any negligent act or omission of
CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of
them to perform or furnish any of the Work.
5.0 ARTICLE 7---OTHER WORK
5.1 Related Work at Site:
Section 7.1 is hereby replaced and superseded by the following: “OWNER may perform other
work related to the Project at the site by OWNER's own forces, have other work performed by other utility
owners or let other direct contracts therefore which shall contain General Conditions similar to these;
provided, that any such other contracts or contractors shall not unreasonably interfere, delay, or hinder the
CONTRACTOR’S ability to perform the Work under this Contract and that the Work under this Contract
shall at all times be given priority and precedence over such other contracts or contractors. OWNER has
priority when other work is related to operational issues or construction required by emergency/unforeseen
conditions or events. If the fact that such other work is to be performed was not noted in the Contract
Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work,
and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR
or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may
make a claim therefore as provided in Articles 11 and 12.”
5.2 Section 7.1.2 is hereby replaced and superseded by the following: “Subject to the provisions
of paragraph 7.1. above, CONTRACTOR shall afford each utility owner and other contractor who is a
party to such a direct contract for OWNER, if owner is performing the additional work with owner's
employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage
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of materials and equipment and the execution of such work, and shall properly connect and coordinate the
Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be
required to make its several parts come together properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their
work and will only cut or alter their work with the written consent of PROFESSIONAL and the others
whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors to the extent that there are comparable
provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility
owners and other contractors.”
6.0 ARTICLE 8---OWNER'S RESPONSIBILITIES
Section 8.9 is hereby added: “OWNER and PROFESSIONAL will promptly review and approve any and
all documents, payment applications, requests for clarifications, requests for instructions, and other such
requests submitted by CONTRACTOR..”
7.0 ARTICLE 11-CHANGE OF CONTRACT PRICE
7.1 Section 11.1 is hereby replaced and superseded by the following: “The Contract Price
constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR
for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by
CONTRACTOR shall be at CONTRACTOR’s expense without change in the Contract Price.”
7.2 Section 11.2 is hereby replaced and superseded by the following: “The Contract Price may
only be changed by a Change Order or by a Written Amendment to be mutually agreed in writing and
signed by duly authorized representatives of both parties. Any claim for an increase or decrease in the
Contract Price shall be based on written notice delivered by the party making the claim to the other party
and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event
giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with
supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows
an additional period of time to ascertain more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount claimed covers all known amounts (direct,
indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All
claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with
paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim
for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph
11.2.”
7.3 Section 11.3.6 is hereby replaced and superseded by the following: “Failure on the part of
CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances
shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no
pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER.
Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by
OWNER based upon an analysis of the scope of CONTRACTOR’s failure to construct to plan or
authorized dimensions.”
7.4 Cost of the Work:
These General Conditions are part of a Guaranteed Maximum Price Contract (GMP); in the event
of conflict between Sections 11.4 through 11.5.6 of the General Conditions and similar terms and
conditions of the GMP, the GMP terms and conditions will control.
7.5 Contractor’s Fee:
These General Conditions are part of a Guaranteed Maximum Price Contract (GMP); in the event
of conflict between Sections 11.6 through 11.7 of the General Conditions and similar terms and conditions
of the GMP, the GMP terms and conditions will control.
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7.6 Cash Allowances:
These General Conditions are part of a Guaranteed Maximum Price Contract (GMP); in the event
of conflict between Sections 11.8 through 11.8.2 of the General Conditions and similar terms and
conditions of the GMP, the GMP terms and conditions will control.
8.0 ARTICLE 12--CHANGE OF CONTRACT TIME
8.1 Section 12.2 is hereby replaced and superseded by the following: “If CONTRACTOR is
delayed at any time in the performance, progress, commencement, or completion of the Work by any act or
neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR
employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable
casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using
reasonable diligence, or any causes beyond CONTRACTOR’s control or fault, then the Contract Time shall
be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall
be entitled to an extension of time for such causes only for the number of days of delay which OWNER
may determine to be due solely to such causes and only to the extent such occurrences actually delay the
completion of the Work and then only if CONTRACTOR shall have strictly complied with all the
requirements of the Contract Documents.”
8.2 Force Majeure:
Section 12.3 is hereby added: CONTRACTOR is not responsible for damages or delay in
performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of
CONTRACTOR. In any such event, CONTRACTOR‘s contract price and schedule shall be equitably
adjusted.
9.0 ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
9.1 Warranty and Guarantee:
Section 13.1 is hereby replaced and superseded by the following: “CONTRACTOR warrants and
guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all
work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in
accordance with the requirements of the Contract Documents and any inspections, tests, or approvals
referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the
requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building,
construction and safety requirements shall be considered defective. Notice of all defects shall be given to
CONTRACTOR by PROFESSIONAL in writing specifying in reasonable detail the alleged defects within
ninety (90) days after discovery of such defects. All defective work, whether or not in place, may be
rejected, corrected, or accepted as provided in this Article.”
9.2 Uncovering Work: Section 13.9 is hereby replaced and superseded by the following: “If
PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL
or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or
otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that
portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that
such Work is defective, CONTRACTOR shall bear all direct costs of such uncovering, exposure,
observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and
charges of PROFESSIONAL’s, architects, attorneys and other PROFESSIONALs), and OWNER shall be
entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefore as provided in Article 11. If, however, such Work is
not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an
extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation,
inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12.”
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9.3 OWNER May Stop the Work:
Section 13.10 is hereby replaced and superseded by the following: “When Work is defective or
when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment or
make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates
any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until
the cause for such order has been reasonably eliminated. However, this right of OWNER to stop the Work
shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of
CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the
Contract Price or Contract Time or other damages for a stop work order under this paragraph.”
9.4 One Year Correction Period:
Section 13.12 is hereby replaced and superseded by the following: “If, after approval of final
payment and prior to the expiration of one year after the date of substantial completion of or by the terms of
any applicable special guarantee required by the Contract Documents, any Work or materials are found to
be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR
shall promptly, without cost to OWNER and in accordance with OWNER’s written instructions, either
correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it
with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such
instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct costs of
such removal and replacement (including but not limited to fees and charges of engineers, architects,
attorneys and other professionals) will be paid by CONTRACTOR.”
9.5 Acceptance of Defective Work:
Section 13.13 is hereby replaced and superseded by the following: “If, instead of requiring
correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's
recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER may do so. CON-
TRACTOR shall bear all direct costs attributable to OWNER's evaluation of and determination to accept
such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include
but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any
such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will
be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and
OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to
agree as to the amount thereof, OWNER may make a claim therefore as provided in Article 11. If the
acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to
OWNER.”
9.6 OWNER May Correct Defective Work:
Section 13.14. is hereby replaced and superseded by the following: “If CONTRACTOR fails
within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or
to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11,
or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CON-
TRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven
days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights
and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to
complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the
site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, and
incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees such access to the site as may be necessary to enable OWNER to
exercise the rights and remedies under this paragraph. All direct costs of OWNER in exercising such rights
and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by
PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim
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therefor as provided in Article 11. Such direct costs will include, but not be limited to, fees and charges of
engineers, architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or replacement of
CONTRACTOR's defective Work. 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.”
9.7 Neglected Work by CONTRACTOR
Section 13.15 If CONTRACTOR neglects to execute the Work in accordance with the Contract
Documents, including any requirements of the progress schedule, PROFESSIONAL may direct
CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to,
employing additional workmen and/or equipment, and working extended hours and additional days, all at
no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the
deficiency or take appropriate corrective action, OWNER may terminate the contract subject to the
provisions of Article 15 or CONTRACTOR’s right to proceed with that portion of Work and have the
Work done by others. The cost of completion under such procedure shall be charged against
CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract
Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR
are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
10.0 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
10.1 Schedule of Values:
Section 14.1 is hereby replaced and superseded by the following: “The Schedule of Values
established as provided in paragraph 2.9 will serve as the basis for progress payments to be made on a
monthly basis by OWNER and will be incorporated into a form of Application for Payment acceptable to
Project Manager. Progress payments on account of Unit Price Work will be based on the number of units
completed.”
10.2 Review of Applications for Progress Payment:
Section 14.4 is hereby replaced and superseded by the following: “PROFESSIONAL will, within
ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a
recommendation of payment and present the application to OWNER, or return the application to
CONTRACTOR indicating in writing PROFESSIONAL’s reasons for refusing to recommend payment. In
the latter case, CONTRACTOR may make the necessary corrections and resubmit the application.
OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with
PROFESSIONAL’s recommendation of the amount for payment, pay CONTRACTOR amount
recommended. OWNER will make partial payments with respect to each Application for Payment to the
extent that no valid reasons are documented by PROGRAM MANAGER for non-payment of specific
charges.”
10.3 Review of Applications for Progress Payment:
Section 14.7.4 is hereby replaced and superseded by the following: “of PROFESSIONAL's actual
knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9
inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL
because claims have been made against OWNER on account of CONTRACTOR's performance or
furnishing of the Work or Liens have been filed in connection with the Work or there are other items
entitling OWNER to a off-set against the amount recommended, but OWNER must give CONTRACTOR
immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Upon
CONTRACTOR’S correction of any such deficiencies, OWNER shall forthwith make prompt payment of
the amount due and outstanding to CONTRACTOR.”
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11.0 ARTICLE 15--SUSPENSION OF WORK AND TERMINATION
Termination For Cause:
Section 15.2.9 is hereby replaced and superseded by the following: “if CONTRACTOR otherwise violates
in any substantial way any provisions of the Contract Documents, OWNER may, after giving
CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by
Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work at the site and incorporate in the Work all materials and equipment stored
at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the
Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct
costs of completing the Work (including but not limited to fees and charges of PROFESSIONALs,
architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid
to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to
OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL
and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph,
OWNER shall not be required to obtain the lowest price for the Work performed.”
12.0 ARTICLE 16--DISPUTE RESOLUTION
Section 16.1 is hereby replaced and superseded by the following: “All disputes arising under this Contract
or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach
of contract shall within thirty (30) working days of the commencement of the dispute, or such other time as
mutually agreed by the parties, be presented by CONTRACTOR to OWNER for decision. All papers
pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but
shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its
character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any
claim not presented within the time limit specified in this paragraph shall be deemed to have been waived,
except that if the claim is of a continuing character and notice of the claim is not given within thirty (30)
working days of its commencement, the claim will be considered only for a period commencing thirty (30)
working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in
writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested,
directed to his last known address. OWNER shall make its decision for each such claim within thirty (30)
days after receipt from CONTRACTOR of such claim unless otherwise mutually agreed by the parties.”
13.0 ARTICLE 17-MISCELLANEOUS
13.1 Section 17.4 is hereby replaced and superseded by the following: “The duties and
obligations imposed by these General Conditions and the rights and remedies available hereunder to the
parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and
remedies available to OWNER, PROFESSIONAL, and CONTRACTOR there under, are in addition to,
and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee
or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective
as if repeated specifically in the Contract Documents in connection with each particular duty, obligation,
right and remedy to which they apply. All representations, warranties and guarantees made in the Contract
Documents will survive final payment and termination or completion of the Agreement.”
13.2 Section 17.5 is hereby replaced and superseded by the following: “CONTRACTOR shall
keep adequate records and supporting documentation applicable to this Work and Contract. Said records
and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of
final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy
all such records and documentation as often as OWNER deems necessary during the period of the Contract
and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during
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normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of
and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records
and supporting documentation.”
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ATTACHMENT 1
JAMES B. MESSERLY WATER POLLUTION CONTROL PLANT
2003 MASTER PLAN IMPLEMENTATION PHASE 1
CONSTRUCTION MANAGEMENT AT RISK AGREEMENT –
PRECONSTRUCTION SERVICES SCOPE OF WORK
General: This Scope of Work (SOW) includes preconstruction services and the
development of contracts and subcontracts in support of establishing a Guaranteed
Maximum Price (GMP) for construction of the referenced project. The following
presents a general description of the tasks to be performed for the Preconstruction
Services of the project. It is understood that these tasks and subtasks may not require the
same level of effort as initially estimated herein, and some may require more or less
effort than initially estimated herein. Therefore, it is not intended that the Construction
Manager (CM) is limited to the estimate of hours or other direct expenses (ODCs) for a
single task or subtask. The budget may be adjusted depending on the level of effort
required for the individual Tasks and subtasks. However, the total cost will not exceed
the “Not to Exceed” Amount for preconstruction services as described in the Agreement.
The SOW and GMP for Construction will be developed during the preconstruction
services and must be approved as an amendment to the Agreement (Construction
Amendment) before construction can begin.
Task 1 Project Management:
Task 1.1 – Project Management Supervision:
The CM shall designate and specifically identify a Manager for this project. This
Manager’s responsibilities include monitoring of labor utilization, maintenance of
schedule and budget, assignment and supervision of staff and all its subcontractors,
preparation of construction cost estimates, regulatory meetings, quality control, bidding
and construction of the project, and coordination with the Program Management Team
(PMT) in a timely and professional manner (including submittal of monthly project
progress meeting minutes and other deliverables). The CM shall be fully responsible for
the performance of the Manager, CM staff and subcontractors for this Work.
Task 1.2 – Project Management and QA/QC Plans:
The GMP shall include cost for the project QA/QC Manager to prepare a Project Quality
Management plan within 30 days of execution of the Construction Amendment. The
Quality Plan will include quality assurance and control requirements. The project QA/QC
Manager shall be charged the responsibility of the Plan’s implementation and
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Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
documentation of ongoing QA/QC activities. An update on all QA/QC activities shall be
reported in Monthly Status Reports once the Construction Amendment has been
approved. All work performed by the CM Team shall be in accordance with the QA/QC
Plan.
The project CM shall prepare a Project Management Plan (PMP) for the project. The
PMP will address project implementation approach, staffing, organization, project record
keeping, document control, quality control, and quality assurance responsibilities. The
PMP establishes responsibilities and authorities, administrative procedures and policies,
and lines of communication throughout the project. The PMP will be coordinated with
the PMT’s procedures to prepare a condensed, project-specific plan. The PMP will
include information on or will reference sub-plans for other related items such as the
Quality Plan, L/M/WBE (Local, Minority Owned and Women Owned Business)
Management plan, Procurement Plan, Document control Plan, Safety Plans
Communication Plan and other required items. The L/M/WBE compliance plan will
provide a method for recording and tracking L/M/WBE participation on the project
including amounts contracted, earned and paid, as well as the number and distribution of
L/M/WBE firms participating. The PMP will be cross-referenced with the specifications
of the contract documents to ensure that no conflicts exist.
Deliverable: CM shall develop and deliver to the PMT appropriate copies of the pre-
construction draft PMP within 14 days of execution of this agreement. The CM shall
than then revise the PMP for the Construction Phase and develop and deliver a Quality
Plan within 30 days of Construction Amendment approval.
Task 1.3 – Project Accounting and Controls:
CM shall maintain on regular basis project costs and document control system for project
cost accounting, tracking, and reporting. These procedures will be established consistent
with PMT fiscal requirements. In particular, thorough documentation including progress
payments and Contract Amendments will be compiled to enable the AUD to successfully
pass audit by any agency.
Following the approval of the Construction Amendment, CM and PMT staff shall work
together to review cost and control methods and assess current practices, and shall use
that information to customize cost-tracking elements of the project control system. CM
shall use a CPM schedule system that is linked to and supports the schedule of values pay
items, in support of payment applications. Through its link to the master schedule, the
cost accounting system can forecast cost at completion and cost remaining at any point in
the project.
Deliverable: CM will provide monthly invoices and Monthly Status Reports from
authorization to proceed through the time of submittal of the GMP. Once the
Construction Amendment is approved, the CM shall develop and maintain a Records
Tracking System and provide monthly billings for services performed and monthly
activity reports to the PMT and OWNER.
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Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
Task 1.4 – Project Information Website
The CM shall develop a public information project website during pre-construction and
following the approval of the Construction Amendment, CM shall routinely update this
project website. This site will be made available to the general public and will display
information regarding the project such as contact telephone information for emergencies,
general schedule information, progress updates, notices of traffic and road closures, and
other information that may be of general interest.
Deliverable: CM shall develop a Project Website for access by the general public. The
CM shall also present a responsibility and contact matrix. This Website will be updated
monthly following the approval of the Construction Amendment
Task 1.5 – Project Administration Website/Portal
Following the approval of the Construction Amendment CM shall develop, operate and
maintain a Contract Administration centralized software applications portal. This will
allow team members access to Primavera Expedition which is deployed thru CM’s
PWORKS. This shall be utilized for the duration of the project. The portal will be
accessible utilizing the internet, with varying levels of security to all team members and
authorized parties. General information will be available to all project personnel.
Financial data and status on more sensitive issues will be restricted to senior management
and key PMT staff.
Deliverable: CM shall provide access to web-base Primavera Expedition for up to
seven (7) outside users. CM will set up and conduct one (1) orientation half day seminar
for outside users. The Website will be updated as required following the approval of the
Construction Amendment
Task 2: Project Meetings
Task 2.1 – Conduct Kick-Off Meeting:
The CM shall schedule, prepare for and attend a Project kickoff meeting with PMT staff.
The CM and key members of the Project team shall attend the meeting.
Deliverable: CM shall create and distribute to the PMT a Meeting Agenda three (3) days
prior to the meeting outlining the focus areas of the meeting and will provide a Meeting
Summary within five (5) days after the meeting documenting discussions and agreed to
direction.
Task 2.2 – Monthly Progress Meetings
CM shall conduct monthly progress meetings with the PMT’s staff throughout the pre-
construction services period. The CM shall update PMT staff on work in progress,
inform the PMT of problems or delays as they are encountered, and receive input from
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PMT staff on a continuing basis throughout the course of work on the Project. The CM
and key members of the Project team, as appropriate for the work to be discussed, shall
attend the progress review meetings.
At each monthly meeting, the CM shall provide the PMT with a Monthly Project Status
Report. This Report shall include, but not necessarily be limited to, the following:
x Activities accomplished in the previous months;
x Deliverables submitted in the previous month;
x Planned actions for the next month;
x Issues encountered in the Project as well as proposed resolutions; and
x Updated Project schedule.
The CM shall prepare and submit a meeting summary for each progress review meeting
to the PMT within five (5) business days of the meeting. A total of up to four (4)
meetings have been budgeted.
Deliverable: For each monthly meeting, CM shall create and distribute to the PMT a
Meeting Agenda and Meeting Summary documenting discussions and agreed to
direction.
Task 3 Document Review Proposals
CM shall review and comment upon the Construction Documents that have been
developed by the ENGINEER. The scope of this review shall include reviewing the
documents for alignment with the existing Work Packages and the existing Requests for
Proposal (RFP) prior to issuing P CM RFP’s during the re-pricing effort.
CM acknowledges that at the time of the proposal of GMP for the project, that CM shall
have fully reviewed AUD documents. Document review will include investigation of
potential for redundant costs that may have been inherent in the previous solicitation, the
elimination of redundant costs when discovered, and a focused effort to provide clarity to
the subcontractors re-pricing CM RFP’s.
Subsequent to the bidding effort CM will engage with bidding subcontractors to identify
any potential opportunities relative to cost reductions by way of innovative means and
methods that may have developed as a result of clarity of scope during the re-pricing
process, or of that may have developed during the time since the original bids were
received and the re-pricing effort. These opportunities may include re-sequencing of the
work and establishing additional concurrent scope of work activities to support a
reduction of project duration. The sequencing of the work will include consideration of
plant operational requirements and regulatory compliance.
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Within thirty (30) calendar days of signing this Agreement, the CM shall complete the
constructability review that will include both the CM and the subcontractor’s assessment
and recommendations.
Deliverable: CM shall provide to the PMT within thirty (30) days of signing this
Agreement a report with the findings and recommendations produced during this
constructability review.
Task 4 Master Schedule Development
The construction schedule must reflect and fully support the James B. Messerly Water
Pollution Control Plant operations during construction. This project schedule will be
dictated by operational considerations. Detailed construction sequencing must be
understood and integrated into the construction planning.
Following the approval of the Construction Amendment, CM shall prepare a schedule of
values for each trade contractor and ensure that it is reasonable for the work involved
such that the PMT will have accurate cash flow forecasts and the CM will have regular
progress payments to meet expenses. The Schedule will be cost loaded by the CM to aid
in cash flow projections. Cost information shall be updated as information becomes
available as part of the development of the GMP. This schedule of values shall be
managed throughout the Construction Phase.
The CM shall prepare a Project schedule for presentation to the PMT. The schedule shall
be prepared using Primavera Project Schedule (P3e/c), and shall be updated monthly as
part of the Monthly Project Status Report. The Schedule shall include all major tasks as
well as major milestones for the remainder of Project design and construction.
The Schedule shall:
x Be developed using P3e/c in a format agreed upon by the PMT;
x Follow the WBS developed by the CM and reviewed by the PMT;
x Be fully linked in order to provide the critical path;
x Include in detail all efforts required by the CM to prepare the GMP including
review times and major milestones;
x Be maintained current; and
x Be base-lined at the establishment of the GMP and progress shall be compared to
that baseline.
As the work progresses during construction, the CM shall provide more details to all of
the phases of the Project Schedule. The Schedule shall include sufficient detail of any
approved design modifications and construction activities and identify and include all
significant efforts that are required to complete the Project on time as defined by the
baseline schedule.
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The CM shall provide an electronic P3e/c file of the current schedule status with the
Monthly Status Reports. The CM shall keep the Project Schedule current and update it
weekly.
Deliverables: CM shall provide the following items related to this task:
x At the submittal of the GMP, Develop a critical path schedule for the Project in
P3e/c that is all inclusive of the Project from notice to proceed to completion of
construction.
Then, following the approval of the Construction Amendment, CM shall provide the
following:
x Monthly Critical Path Schedule Electronic Files;
x Monthly updated and status of critical path schedule files in P3. Continually
update schedule and status at least weekly;
x Critical Path Schedule logic Diagrams and Distribute to the PMT for review; and
x A comprehensive and detailed critical path schedule based on all of the
information obtained during the process of developing the GMP.
Task 5 Partnering
Upon approval of the Construction Amendment the CM shall present to the PMT the
partnering concept and conduct partnering workshops with the selected trade contractors
and the PMT. Services of an outside expert facilitator will be used to develop partnering
principles and approach. The GMP will include the cost associated with the preparation
and facilitating of the initial Partnering meeting. Consideration of additional partnering
sessions during the construction period will be determined during negotiations of the
GMP.
Deliverable: CM shall provide the services of a professional Partnering Facilitator and
Partnering sessions following the approval of the Construction Amendment. An
example of the planned Partnering process is shown as Attachment 4.
Task 6 Permitting
Upon approval of the Construction Amendment, the CM shall provide appropriate
support and documentation required for the PMT to complete the regulatory permit
applications for the Project. The PMT and the ENGINEER shall obtain the regulatory
permits. The CM shall attend up to five (5) meetings with PMT staff and other regulatory
agencies at the federal, state and local levels as necessary and as requested by the PMT.
All building permits and licenses necessary for the prosecution of the Work shall be
procured and paid for by CM during the construction of the project unless specified
otherwise. Costs for permit fees will be included in the costs of the GMP and
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memorialized in the Construction Amendment. If CM performs any Work without
obtaining, or contrary to, such permits or licenses, CM shall bear all costs arising there
from. CM shall pay all governmental charges and inspection fees necessary for the
prosecution of the Work.
Deliverable: CM shall procure building permits, attend up to 5 meetings.
Task 7 Preparation of Contract and Subcontract Documents
Task 7.1 Prepare Procurement Plan
The CM shall prepare an initial procurement plan including prequalification of existing
bidders to AUD to ensure relevant experience, financial stability and safety record
acceptability. The prequalification requirements and subcontracting strategy will be
submitted for review and acceptance by the PMT. This initial strategy, including its basis
and assumptions, will be reviewed and revised as appropriate to formulate a final
subcontracting strategy. The procurement requirements and procedures consistent with
the final subcontracting strategy will be incorporated to develop a project procurement
plan.
Deliverable: CM shall submit an initial procurement plan upon execution of this
agreement.
Task 7.2 – Prepare Contract Documents
The CM shall prepare contract documents for the Construction Management Agreement
(CMA) to be used as the form of agreement for the execution of the Project work. The
complete statement of work, specifications, and drawings will be consistent with the
existing bid packaged provided by AUD. As required by Augusta, CM will not alter the
SOW for the bid packages. However, CM will conduct a bidding process which will
include clarifications and answers to questions where needed.
The CM RFP for the various work packages will include the following:
x Instructions to Bidders,
x Bid and Award Schedule,
x Pro-forma subcontract, including
x Complete Statement of Work;
x Specifications;
x Drawings;
x Provisions;
x General Provisions;
x Payment Provisions;
x Special Provisions;
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Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
x Utilization of LMWBE Subcontracting Clause (applicable to all
subcontracts in excess of $500,000);
x Quality and Safety Requirements;
x Insurance requirements;
x Criteria for submittal of alternative bids;
x Representations and certifications;
x Procedures for submittal of questions
x Must be in writing and submitted to Augusta Procurement
x All Questions and Answers will be provided to all bidders invited to
submit
The RFPs and corresponding CMA will be submitted to and approved by the PMT prior
to the establishing of the GMP and commencement of the construction phase of the work.
Deliverable: CM will develop and distribute to the PMT as required, a Final
Construction Management Agreement.
Task 7.3 – Bid Packages
The CM shall develop the bid packages by utilizing the existing contract documents and
statement of work. The bidders will include the contractors who previously bid the
technical SOW for this project. The bidding procedures will be detailed in the
Procurement Plan. Some of the considerations for the bidding process will include the
following:
x Develop the bidding process and schedule for all procurements.
x Standardize items that may occur in several places within a work scope or across
the work scopes (including bid specifications, general requirements, etc)
x Use of internet for cost and time savings during procurement
x Insure total scope coverage without redundancy
Deliverable: CM shall submit for approval the twelve bid packages with the original
technical SOW which will be used to solicit pricing for the construction project.
Attachment 1 Page 8 of 12
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
Task 8 Prebid Conferences
In coordination with Augusta Procurement Department and Augusta DBE office, the CM
shall arrange for and conduct up to two pre-bid conferences with prospective bidders;
using a standardized agenda, supplemented with project specific items that address
project administration claims avoidance, damages for delay, existing site conditions,
plant operational constraints, and other issues to ensure comprehensive and responsive
bids. The OWNER, PMT, and Design Engineer will be notified of the dates set for two
pre-bid conferences.
Deliverable: CM shall prepare Meeting Summaries documenting discussions and
responses to bidder’s inquiries at the conferences and distribute these summaries to the
PMT.
Task 9 Bidding Services and Evaluations
The CM shall administer the bid and award process. Any inquiries will be appropriately
addressed and tracked to ensure all are responded to.
The evaluation and award of bids to contractors/service provides may include the
following:
x Price/Cost Analysis: A comparative bid analysis will be developed by
comparing major price or cost elements among the bidders. The
evaluator may also highlight any of the price or cost items that may be
irregular or inappropriate based on cost analysis or comparison with
similar items or historical experience. The result of the evaluation should
be a determination of the best value price offer, the competitive range,
and whether or not there is a need for discussion with one or more
offerors in the competitive range. The evaluation will also include
potential price impact on known quantity uncertainties.
x Technical Evaluation: The technical evaluation will focus on each
bidder’s technical competency to perform the work and establishing the
technical distinctions between the proposals, if any, based on the
presentation in the offer. This will include safety, quality, schedule,
experience, innovations, resources, etc.
x Discussions/Negotiations: Discussions and/or negotiations may be
required to clarify price, scope, approach, schedule, etc.
x Best & Final Offers (BAFOs) and Rebids: BAFOs and rebids may be
required if in the interest of the project, such as rescoping to meet the
budget. Discussions/negotiations may be used in place of BAFOs/rebids.
Deliverable: CM shall develop a Bid Evaluation Report and recommendations for
award. CM shall distribute the report to the PMT for review.
Attachment 1 Page 9 of 12
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
Task 10 Develop GMP and Finalize CMA
Task 10.1 Summary of Construction Cost
Within 14 days of completion of the bidding and negotiating process for all the work
packages, the CM shall prepare a summary of project costs including all direct and
indirect costs for the CM during the Construction and shall submit to the PMT the GMP
along with all supporting forms for PMT’s review and approval.
Deliverable: CM shall present summary of construction costs within 14 days of
completion of bidding and negotiating process.
Task 10.2 Risk Assessment and Analysis
CM will perform a detailed risk assessment and analysis that will include all aspects of
risks associated with the project. The risk assessment and analysis will be performed
utilizing a Monte Carlo or Crystal Ball application. The assessment will accomplish the
following activities:
1. Identify risks specific to construction, plant operations, environmental
considerations, process performance, OWNER Furnished Equipment,
ENGINEER’s Errors & Omissions, Scope of Work gaps, and public interface
with the project;
2. Assign costs associated with each risk respective to schedule delays;
3. Assign costs associated with physical costs impacts;
4. Assign Risk Mitigation Strategy for each risk element;
5. Assign Pricing Strategy for each risk element;
6. Establish probability of occurrence for each risk element respective to “Best
Case”, “Most Likely” and “Worst Case” scenarios;
7. Assign costs associated with each item identified in item # 7 above;
8. Assign schedule days associated with each item in Item # 7 above;
9. Establish basis of assumptions for each risk element identified during the risk
assessment and analysis process;
10. Have a workshop with PMT to review and attain comments regarding the risk
assessment to gain consensus for each element of the risk profile;
11. CM will provide a formal risk analysis to establish the hierarchy and sensitivity of
each risk element and establish a range of contingency funds recommended to
mitigate the project risk established in the risk profile; and
12. Have a workshop with the PMT to review the formal risk analysis and profile and
gain consensus on the final contingency funds to establish for the project.
Deliverable: CM shall initiate the formal risk assessment and analysis within thirty (30)
days of signing of this Agreement and will hold the first of two (2) workshops within
forty-five (45) days of the signing of the Agreement.
Task 10.3 Basis of GMP
Attachment 1 Page 10 of 12
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
The CM shall include with the GMP proposal a written statement of its basis, which shall
include:
1. A list of the Drawings and Specifications, including all addenda thereto and the
Conditions of the Contract, which were used in preparation of the GMP
proposal;
2. A list of allowances and a statement of their basis;
3. A list of the clarifications and assumptions made by the CM in the preparation of
the GMP proposal to supplement the information contained in the Drawings and
Specifications;
4. The proposed GMP, including a statement of the estimated cost organized by
trade categories, allowances, contingency, and other items and the fee that
comprise the GMP;
5. The Date of Substantial Completion upon which the proposed GMP is based, and
a schedule of the Construction Documents issuance dates upon which the date of
Substantial Completion is based; and
6. The results of the Risk Assessment and Analysis utilized to establish project
contingency.
Deliverable: CM shall host a workshop with the OWNER and PMT and shall submit a
draft GMP.
Task 10.4 GMP Review and Approval
The CM shall meet with the OWNER and PMT to review the GMP proposal and the
written statement of its basis. In the event that the OWNER or PMT discovers any
inconsistencies or inaccuracies in the information presented, they shall promptly notify
the CM, who shall make appropriate adjustments to the Guaranteed Maximum Price
proposal, its basis or both.
The GMP will be valid for a specified period of time. Should the OWNER not accept the
GMP proposal in writing on or before the date specified, the GMP proposal shall no
longer be valid without written acknowledgement from CM.
Prior to the OWNER's acceptance of the CM's GMP proposal and issuance of a Notice to
Proceed, the CM shall not incur any cost to be reimbursed as part of the cost of the work
included in the GMP, except as the OWNER may specifically authorize in writing.
Upon acceptance by the OWNER of the GMP proposal, the GMP and its basis shall be
set forth in the Construction Amendment to this Agreement The GMP shall be subject to
additions and deductions by changes to the work as provided in the Contract Documents;
the date of Substantial Completion shall likewise be subject to adjustment in accordance
with the Contract Documents.
Attachment 1 Page 11 of 12
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
The OWNER shall authorize and cause the ENGINEER to revise the Drawings and
Specifications to the extent necessary to reflect the agreed-upon assumptions and
clarifications contained in Construction Amendment. Such revised Drawings and
Specifications shall be furnished to the CM in accordance with schedules agreed to by the
OWNER, ENGINEER and CM. The CM shall promptly notify the PMT and OWNER if
such revised Drawings and Specifications are inconsistent with the agreed upon
assumptions and clarifications.
The GMP shall include in the Cost of the work only those taxes which are enacted at the
time the GMP is established.
Deliverable: CM shall develop a final GMP and an amendment to the Agreement shall
be executed in order to commence construction of the work.
Attachment 1 Page 12 of 12
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
ATTACHMENT 2
PRE-CONSTRUCTION PHASE
CM COST PROPOSAL
Task Description Total Task Cost
1 Project Management $ 24,176.82
2 Project Meetings $ 16,512.43
3 Document Review/VE Proposals $ 56,145.27
4 Master Schedule Development $ 12,599.08
5 Partnering $ 2,715.59
6 Permitting $ 16,572.80
7
Preparation of Contract and Subcontract
Documents $ 53,028.41
8 Prebid Conferences $ 22,709.40
9 Bidding Services and Evaluations $ 84,596.35
10 Develop GMP and Finalize CMA $ 106,803.01
Total Pre-Construction Cost $ 395,859.16
Attachment 2 Page 1 of 1
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
ATTACHMENT 3
PRE-CONSTRUCTION PHASE
CM LIST OF KEY PERSONNEL AND ASSOCIATED RATE
SCHEDULE
Staff Title Rate
Robert L. Strickland Project Director $213.49
Teresa Crisp Client Service Manager / Civil
Engineer $122.77
Henry West Construction Manager $140.71
Dean Miller Project Controls $135.76
Joe Mixon Procurement/Contracts
Manager $147.72
Diana Clark Procurement/Contracts
Administrator $61.09
Srini Dasappa Technical Manager $174.94
Rod Hardeman Scheduling $154.12
Doris Tolbert Administrative Assistant $61.09
Attachment 3 Page 1 of 1
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
ATTACHMENT 4
PARTNERING – PHASE I
GENERAL
The GMP for the Project includes funding to accomplish formal Partnering between the
stakeholders of the project to create a process and agreement that can produce the most
potential for a successful project. For the purposes of accomplishing Partnering for the
project, CM has engaged FMI Consultants.
The Partnering process it will be broken down into four (4) distinct Phases:
x Phase – I: Preparation/Commitment for Executive Level Workshop
x Phase – II: Project-Level Kickoff Workshop
x Phase – III: Follow-Up Sessions
x Phase – IV: Partnering Team Evaluations (Report Cards)
PROCESS
In order to initiate Phase – I of the Partnering process it will be necessary to identify the
senior managers of the parties involved in the Project. These senior Team members will
then be introduced to and involved with the following activities:
x Provide awareness/understanding of what the Partnering process entails
x Identification of key issues for each of the stakeholder companies
x Gain awareness for the process of issue resolution
x Define leadership roles for senior managers, as well as job-site Partnering
champions.
x Define any workshop agenda items not previously identified
x Solicit a common vision of what is to be accomplished by utilizing the Partnering
process on the project.
Once the senior Team members are identified, a FMI representative will interview each
individually for the purposes noted above. FMI will then conduct the Executive-Level
Alignment Workshop followed by the initial Project-Level Kickoff Workshop.
ACTIONS REQUIRED
The following are examples of Team members that will need to identify their
nominations to the Executive-Level Partnering Committee:
Augusta Utility Department
Attachment 4 Page 1 of 2
Augusta CMAR Preconstruction Agreement: MESSERLY WPCP Feb 14, 2007
Augusta Procurement
Augusta DBE Department
MDG Engineering
CH2M HILL
Parsons
Major subcontractor(s)
Others as recommended
It will also be necessary to schedule dates for the Executive-Level Alignment Workshop
and the Project-Level Kickoff Workshop, once the Senior Team members have been
identified, agreed to, and interviewed.
Attachment 4 Page 2 of 2
Disadvantaged Business Enterprise
Yvonne Gentry
DBE Coordinator
Disadvantaged Business Enterprise Department
501 Greene Street – Suite 304 - Augusta, GA 30901
(706) 821-2406 – Fax (706) 821-4228
WWW.AUGUSTAGA.GOV
TO: Max Hicks
Director, Utilities Department
Geri Sams
Director, Procurement Department
FROM: Yvonne Gentry, Coordinator
Disadvantaged Business Enterprise Department
SUBJECT: DBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOALDBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOALDBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOALDBE REVIEW AND APPROVAL OF RECOMMENDED DBE GOAL
JB Messerly WPCPJB Messerly WPCPJB Messerly WPCPJB Messerly WPCP Masterplan Implementation Phase I: Masterplan Implementation Phase I: Masterplan Implementation Phase I: Masterplan Implementation Phase I:
Project No. 80130Project No. 80130Project No. 80130Project No. 80130
DATE: February 19, 2007
This memo is to transmit the review and concurrence of the recommended DBE
Utilization goal of thirty-five (35%) for the above referenced project (see attached letter).
The above recommendation is based on information provided at the time of review.
If you have any questions, please feel free to contact me at (706) 821-2406.
YG:glw
Attachment: PARSONS Letter (dated February 13, 2007)
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Condemnation - Argyle 189
Department:County Attorney - Stephen E. Shepard, Attorney
Caption:Motion to authorize condemnation of a portion of Property #
051-0-189-00-0 3950 Barrett Street, which is owned by
James E. Argyle, Jr. and Martha Raye Argyle, for 500 sq.
feet for a temporary construction easement. PW Project:
Belair Hills Subdivision Improvement Project.
Background:The appraised value of the easement is $40.00. Need to
condemn the property because we are unable to contact the
property owners.
Analysis:Condemnation is required in order to acquire the easement.
Financial Impact:The necessary costs will be covered by project budget.
Alternatives:Deny the condemnation.
Recommendation:Approve condemnation.
Funds are
Available in the
Following
Accounts:
G/L 324-041110-54.11120 J/L 203824335-54.11120
REVIEWED AND APPROVED BY:
Administrator.
Clerk of Commission
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Condemnation - Augusta-Richmond Real Estate Holding Company
Department:County Attorney - Stephen E. Shepherd, Attorney
Caption:Motion to authorize condemnation of a portion of Property #
012-0-019-03-0 Banking Center on Center West Parkway,
which is owned by Augusta-Richmond Real Estate Holding
Company, for 653.93 sq. ft. of Right-of-Way in fee and
1,170.55 sq. ft. of Temporary Construction Easement. PW
Project: Washington Road Intersection Improvements
Project.
Background:The appraised value of the easement is $4,288.00. Due to the
property owner failing to respond with our negotiator, it is
necessary to proceed with condemnation.
Analysis:Condemnation is required in order to acquire the easement.
Financial Impact:The necessary costs will be covered by the project budget.
Alternatives:Deny the authorization to condemn.
Recommendation:Approve the authorization to condemn.
Funds are
Available in the
Following
Accounts:
G/L 324-04-1110-54.11120 J/L 201824371-54.11120
REVIEWED AND APPROVED BY:
Administrator.
Clerk of Commission
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Condemnation - Jerry W. Miles and Sharon G. Miles
Department:County Attorney - Stephen E. Shepard, Attorney
Caption:Motion to authorize condemnation of a portion of property
#230-0-005-07-0 Youngblood Drive, which is owned by
Jerry W. Miles and Sharon G. Miles, for 32,851 sq. ft. of
right of way in fee and 2,383 sq. ft. for temporary
construction easement. PW Project: Youngblood Drive
Project.
Background:The appraised value of easement is $6,618.00. Due to special
stipulations the owners have requested, which are too
restrictive, a negotiation cannot be reached.
Analysis:Condemnation is required in order to acquire the easement.
Financial Impact:The necessary costs will be covered by the project.
Alternatives:Deny the authorization to condemn.
Recommendation:Approve the authorization to condemn.
Funds are
Available in the
Following
Accounts:
G/L 323-04-1110-54.11120 J/L 200823808-54.11120
REVIEWED AND APPROVED BY:
Administrator.
Clerk of Commission
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Condemnation - Will C. and Stephanie L. Duncan
Department:County Attorney - Stephen E. Shepard, Attorney
Caption:Motion to authorize condemnation of a portion of Property
#230-0-005-08-0 2030 Youngblood Drive, which is owned
by Will C. and Stephanie L. Duncan, for 2,778 sq. ft. of
Right-of-Way in Fee, 298 sq.ft. of Temporary Construction
Easement and 589 sq.ft. of Temporary Driveway Easement.
PW Project: Youngblood Drive Project.
Background:The appraised value of easement is $574.00. Due to special
stipulations made by the property owners which Augusta-
Richmond County was unable to meet, it is necessary to
proceed with condemnation.
Analysis:Condemnation is required to acquire easement.
Financial Impact:The necessary costs will be covered by the project budget.
Alternatives:Deny the authorization to condemn.
Recommendation:Approve the authorization to condemn.
Funds are
Available in the
Following
Accounts:
G/L 323-04-1110-54.11120 J/L 200823808-54.11120
REVIEWED AND APPROVED BY:
Administrator.
Clerk of Commission
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Condemnation -James E. Argyle, Sr.
Department:County Attorney - Stephen E. Shepard, Attorney
Caption:Motion to authorize condemnation of a portion of Property
#051-0-188-00-0 3952 Barrett Street, Augusta, Georgia,
which is owned by James E. Argyle, Sr., for 584 sq. ft. of
permanent drainage utility & maintenance easement and 692
sq. ft. of temporary construction easement. PW Belair Hills
Subdivision Improvement Project.
Background:Appraised Value is $299.00. Unable to contact property
owner.
Analysis:Condemnation is required in order to acquire the easement.
Financial Impact:Necessary costs will be covered by project budget.
Alternatives:Deny the authorization to condemn.
Recommendation:G/L 324-04-1110-54.11120 J/L 203824335-54.11120
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Administrator.
Clerk of Commission
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Judicial Center Sub-Committee
Department:Clerk of Commission
Caption:Report from the Judicial Center Sub-Committee regarding
questions concerning the Judicial Center Project relating to
the sub-committee's composition, the retention of the current
architectural firm and the contract extension with that firm if
they are retained. (Referred from February 20 Commission
meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Receive Utilities Engineering 2006 Report
Department:Utilities
Caption:Receive Utilities Engineering 2006 Report to be presented at
the meeting. (Referred from February 20 Commission
meeting)
Background:AUD is constructing many projects, and has reviewed and
inspected many projects in 2006.
Analysis:AUD will present a summary report of construction projects
from 2006.
Financial Impact:None
Alternatives:None.
Recommendation:Receive Utilities Engineering 2006 Report
Funds are
Available in the
Following
Accounts:
No Funds are Required.
REVIEWED AND APPROVED BY:
Clerk of Commission
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Request for Moving Expenses to Tenant due to Right-of-Way Purchase
Department:County Attorney - Stephen E. Shepard, Attorney
Caption:Approve payment of $29,886.00 for tenant's (David Craven)
removal and re-erection of signs ($18,786.00) and shrubs and
trees ($11,100.00) at the intersection of Washington Road
and Boy Scout Road and at the rear entrance to property due
to property acquired in connection with the Washington
Road Intersection Improvements Project from Owner,
William R. Coleman, Jr.
Background:The Augusta-Richmond County Tree Ordinance requires that
the shrubs and tress be located along the Boy Scout Road
side of the property and across the rear of the property.
Analysis:The payment of the referenced relocation expenses of the
signs and replacement of the shrubs and trees is necessary for
the project.
Financial Impact:The purchase of the referenced easement for said project will
not affect the budget.
Alternatives:Deny the request to approve the above relocation expenses of
the signs and the replacement of the shrubs and trees for said
project, thereby stopping the project.
Recommendation:Approve the relocation expenses of the signs and the
replacement of the shrubs and trees for the project.
Funds are
Available in the
Following
Accounts:
324041110-5411120/201824371-5411120
REVIEWED AND APPROVED BY:
Administrator.
Clerk of Commission
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Rev. Bobby Coleman
Department:Clerk of Commission
Caption:Presentation by Rev. Bobby Coleman regarding a garbage
bill for his property.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Right-of-Way acquisition and Easement Belair Hills Subdivision Improvement Project
Department:County Attorney - Stephen E. Shepard, Attorney
Caption:Motion to approve an Option for Right-of-Way between
Pioneers, Incorporated, as owner and Augusta, Georgia as
optionee, in connection with the Belair Hills Subdivision
Improvement project, for property located at 1721 Lincoln
Avenue (051-0-073-00-0), Lincoln Avenue (051-0-074-00-
0), 1714 Orange Avenue (051-0-075-00-0), Orange Avenue
(051-0-185-01-0), 3959 Barrett Street (051-0-228-00-0),
3961 Carolyn Street (051-0-250-00-0), 3943 Carolyn Street
(051-0-259-00-0), 3913 Bolton Street (052-0-094-00-0),
3915 Bolton Street (051-0-095-00-0), Ruth Street (065-0-
015-00-0), 3908 Ruth Street (065-0-016-00-0),3909 Murray
Street (065-0-027-00-0), Padrick Street (065-0-053-02-0),
Flagler Road (065-0-062-00-0), for a purchase price of
$22,541.00. Said subject property consisting of 7,781 sq. ft.
in fee, more or less, and 32,576 sq. ft., more or less, of
permanent drainage, utility and maintenance easement, and
44, 429 sq. ft., more or less, of temporary construction
easement.
Background:The property owner has agreed to convey the referenced
right-of-way and easements for a total of $22,541.00.
Analysis:The purchase of the referenced right-of-way and easements is
necessary for the project.
Financial Impact:The purchase of the referenced right-of-way and easements
will not affect the budget.
Alternatives:Deny the motion to approve the purchase of the referenced
right-of-way and easements.
Recommendation:
Approve the purchase of the referenced right-of-way and
easements.
Funds are
Available in the
Following
Accounts:
General Ledger Account: 323041110-5411120 Job Ledger
Account: 203824335-5411120
REVIEWED AND APPROVED BY:
Administrator.
Clerk of Commission
Engineering Services Committee Meeting
2/26/2007 1:30 PM
Windsor Spring Rd. Project
Department:Clerk of Commission
Caption:Approve a resolution asking the Georgia Department of
Transportation to accelerate the Windsor Spring Road Phases
IV and V Projects. (Requested by Commissioner Harper)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission