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Home My WebLink AboutMCKNIGHT CONSTRUCTION WEBSTER DETENTION CENTER EXPANSION Augusta-Richmond County CAPITAL IMPROVEMENTS PROGRAM MANAGEMENT HEERY International, Inc. 501 Greene Street, Suite 313, Augusta, Georgia 30901 (706) 842-5543; FAX (706) 821-2484 Letter of Transmittal D For approval & execution ~ For Your Files D Revise & Submit D As requested D For Your Use D Furnish as requested D For Your Information D As Discussed D For Review & Comment DATE: TO: FROM: 11 DEC 08 Ms. Lena Bonner Clerk of Commission 530 Greene Street Augusta, GA 30911 Bob Munger SUBJECT: Additions and Renovations to the Webster Detention Center Q!y 1 1 1 1 1 1 1 Date 12/1 0/08 11/5/08 11/5/08 11/5/08 11/24/08 11/14/08 11/14/08 Description of Item Notice To Proceed to McKnight Construction Administrator's Approval Letter for McKnight Contract to Expand the WDC Executed Owner-Contractor Agreement Project Manual, including Conditions of the Contract, executed Forms and Affidavits Certificate of Liability Insurance Performance Bond Payment Bond Comments: Ms. Bonner, Please let me know if you need anything else for your files. . Cordially, Bob Munger IZI Attached D Under Separate Cover Via_ If Enclosures are not as noted kindly notify us at once. C: Geri Sams, with attachments Norm Davis AUGUSTA RICHMOND COUNTY CAPITAL IMPROVEMENTS HEERY INTERNATIONAL, INC., PROGRAM MANAGER December 10, 2008 Mr. Will McKnight President McKnight Construction Company, Inc. 635 NW Frontage Rd Augusta, GA 30907 RE: Bid #08-139A; Additions & Renovations to the Webster Detention Center Notice To Proceed Dear Mr. McKnight: Please be advised that this document comprises the Notice To Proceed for the referenced project, effective the date of this letter. In accordance with the attached, executed Contract, Substantial Completion shall be Achieved within 665 consecutive calendar days, which corresponds to a date of October 6,2010. As indicated in the Contract Documents, achievement of Substantial Completion no later than this date will prevent the assessment of Liquidated Damages of $1000 per day. We look forward to working with you on this important project for Augusta. If there are any questions, please don't hesitate to contact me. Cordially, , AtJt ;}~--' Bob Munger, AlA, CCM, LEED@ AP BEERY INTERNATIONAL, INC. Program Manger ARC Capital Improvements. C: Fred Russell, Sheriff Ronnie Strength, Major Gene Johnson, Geri Sams, Gregory Washington, Norm Davis 501 Greene Street Suite 313 Augusta, GA 30901 (706) 842-5543 Office Of1he Administrator Frederick L Russell, Administrator Room 801 . Municipal Building 530 Greene Street. AUGUSTA, GA. 3090"1 (706) 821-2400- FAX (706) 821-2819 WWW.;lugust<tga.gov Tameka Allen, Interim Deputy Administramr Robert leverett, Interim Deputy Administrator November S. 2008 '08 DEe 2 PM12:47 Sheriff Ronnie Strength Richmond County Sheriff's Office 401 Walton Way Augusta, GA 30901 Dear Ronnie: The Augusta-Richmond County Commission, at their regular meeting held on Wednesday, November 5, 2008, approved award of a contract with McKnight Construction Co. for construction of the Webster Detention Center Expansion. If you have any questions, please contact me. Tameka Allen Interim Deputy Administrator cc: Ms. Donna W\IIlams Ms. Geri Sams Mr. Bob Munger U-DS-08: #44 . t OWNER-CONTRACTOR AGREEMENT OWNER-CONTRACTOR AGREEMENT THIS CONSTRUCTION CONTRACT ("Contract") made this 5th day of November, 2008, by and between McKnight Construction Co., Inc. ("Contractor"), whose address is 635 NW Frontage Rd, Augusta, Georgia, 30907, and Augusta Richmond County, by and through the Augusta Richmond County Commission, for the benefit of Richmond County Sheriff's Office. WITNESSETH, that the Contractor and the Owner, for the consideration set forth herein, the adequacy and sufficiency of which is hereby acknowledged by each party, agree as follows: Project Name and Description: "Additions and Renovations to the Webster Detention Center," which includes modifications to existing and erection of new detention facilities, at the Webster Detention Center in Augusta, Georgia (hereinafter the "Project"). 1. Existing Documents. The Contractor has reviewed and taken into consideration the Bidding Documents in preparing bid. 2. The Contract Sum: The Owner shall pay the Contractor for the performance of the contract, subject to additions and deductions provided by approved change orders, in current funds, the Contact Sum as follows: lWENTY-SEVEN MILLION FORTY-ONE THOUSAND DOLLARS ($27,041,000.00). 3. The Substantial Completion Date shall be achieved within 665 consecutive calendar days beginning the date specified in the Notice to Proceed. 4. The agreed daily amount for Liquidated Damages is: $1000.00 per day. 5. Notice. All notices in accordance with the General and Special Conditions of the Contract shall be given to the following addresses: CONTRACTOR: OWNER: McKnight Construction Company, Inc. 635 Frontage Road Augusta, GA 30907 .If v' --b Attention: ~ Patrick Wi L-v r~ I~ {'--Yl1 I i't Phone Number: (706) 863-7784 Facsimile Number: (706) 863.2031 Augusta Richmond County Administrator 530 Greene Street Room 801 August, Georgia, 30911 Phone Number: (706) 821-2400 Facsimile Number: (706) 821-2819 005200-1 -t OWNER-CONTRACTOR AGREEMENT CONSTRUCTION PROGRAM MANAGER: Heery International, Inc. 501 Greene Street, Suite 313 Augusta, GA 30901 Attn: Bob Munger Phone Number: (706) 842-5543 Facsimile Number: (706) 821-2484 ARCHITECT: KSGW 2500 Northwinds Parkway Suite 250 Alpharetta, GA 30004 Attn: Gregory Washington 770.619.5913 770.619.5919 - Fax USING AGENCY: Richmond County Sheriffs Office 401 Walton Way Augusta, GA 30911 Attn: Major Gene Johnson Phone Number: (706) 821-1113 Facsimile Number: (706) 821-1106 6. Scope of the Work: The Contractor shall furnish all equipment, materials and labor to perform all of the Work and do all things required by the Contract Documents. Specific Work tasks include: a. Within 14 calendar days of executed Agreement, submit General Work Plan to Owner's Project Manager, including scheduled completion of all major tasks. b. Prepare a Safety Plan and submit to Owner's Project Manager, within 14 days of executed Agreement. Plan should include emergency response procedures, discussion of potential hazards, etc. c. Attend Pre-Construction Conference with Owner Representatives. d. Obtain and pay for all required permits, taking into account all applicable laws and regulations. e. Erect new inmate housing pod(s), medical/mental health facility, video visitation facility and appurtenances, as required by the Contract Documents, including Alternates 4,7,8 and 9. f. Modify and renovate existing detention facilities, including but not limited to housing pods, kitchen and laundry facilities, as required by the Contract Documents. g. Install high-security fencing, and appurtenances and accessories, surrounding the detention center, as indicated by the Contact Documents. 00 52 00-2 ~ ~ OWNER-CONTRACTOR AGREEMENT All salvageable materials will become the property of the Contractor, unless specifically noted otherwise. 7. Schedule and Completion: The Work shall commence upon issuance of the Notice to Proceed and be completed within the time period specified herein and in accordance with the General Conditions of the Contract. 8. Periodic Progress Payments: The Owner shall make progress payments, less retainage, as set forth in the General Conditions of the Contract. Invoices shall be addressed to the Construction Program Manager. The terms of this instant agreement supersede any and all provisions of the Georgia Prompt Pay Act. 9. Payment for Substantial and Final Completion: The Owner shall make payments for Substantial Completion and Final Completion as set forth in the General Conditions of the Contract. 10. Contract Documents: This Contract, together with The Bidding Documents, General and Special Conditions of the Contract, constitute the Contract Documents for the Project. 11. Bonds. The Contractor shall furnish both a Performance Bond and a Payment Bond and shall pay the premiums thereon as a cost of the Work. The Performance Bond shall guarantee the full performance of the Contract. 12. Unit Prices: Should Owner-authorized changes in the scope of Work be required, as related to the following, the cost of such changes shall be consistent with these unit prices: Item Descri tion Unit Bid Unit Price 1 Machine excavate common earth or clay; deposit and Cu. yd. $4.36 com act elsewhere on site 2 Cu. Yd. $39.24 3 En ineered backfill for undercut or over-excavated areas Cu. d. $15.80 4 Removal of unsuitable soils Cu. Yd. $9.80 5 Rock removal Cu. Yd. $85.00 6 LF $94.37 7 LF $67.90 8 ods Each $20,000.00 13. Applicable Law: This Contract and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 14. Dispute Resolution: Should mediation of disputes prove unsuccessful, the parties to this Agreement agree that the matter(s) in question will be decided in the Superior Court of 00 52 00-3 t .. OWNER-CONTRACTOR AGREEMENT Richmond County, Georgia. By signing this Agreement, the Design Consultant waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 15. No Conflict of Interest: The Contactor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance required under this Contract. The Contractor further covenants that, in the performance of this Contract, it shall neither contract with nor employ any person having any such interest. 16. No Assignment: This Contract and the proceeds of this Contract may not be assigned or sublet as a whole, nor may the performance thereunder be assigned, without the prior written consent of the Owner. 17. No Waiver: The failure of the Owner at any time to require performance by the Contractor of any provision hereof, shall in no way affect the right of the Owner thereafter to enforce any provision or any part of the Contract, nor shall the failure of the Owner to enforce any breach of any provision hereof to be taken or held to be a waiver of such provision, or as a waiver, modification or rescission of the Contract itself. 18. Full Agreement: The Contract Documents superseded all prior negotiations, discussion, statements and agreements between the Owner and Contractor and constitute the full, complete, and entire agreement between Owner and Contractor. There can be no changes to this Contract by oral means, nor by course of conduct of the parties, nor by custom of the trade. No changes to this Contract will be binding on either party hereto unless such change is properly authorized, in writing, in accordance with Article GC-12 of the General Conditions. 00 52 00-4 (> ... . . ., OWNER-CONTRACTOR AGREEMENT IN WITNESS WHEROF the parties hereto have executed this Contract the day and year first written above. 1i~~~ Seal ATTEST: i~'\:\.\t . MO ' \\'l\~ "~ ...~ .. '-:":,,. ~\ \",t. '~ ,-.. \,~~ Lena Berm r, <Dl missibn ~.s. ~ ::::~ ~-r>.., - .'-I~ ~\ ~ \ I~ -: if l'~ -,;. '. WiT. 00; ~~ ..... 1996 00" I 'f~ oo...~....~. .# ~~, GEORG\l'-_~ \'''~\l..,-,,.,-~ CONTRACTOR ~ By: William D. McKnight, President OW N E R Augusta Richmond County, a political Subdivision of the State of Georgia acting by and through the Augusta Richmond County Commission By: (fl...-{/r Deke Copenhaver, Mayor ~\Q~ ':::,..1)..\ \0-: 00 52 00-5 ~, ' I THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.1 05199456 AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): McKnight Construction Company 635 NW Frontage Road Augusta, GA 30907 OWNER (Name and Address): City of Augusta 530 Greene Street, Room 801 Augusta, GA 30911 CONSTRUCTION CONTRACT D~e:November5,2008 Amount: $27,041,000.00 Twenty Seven Million Forty One Thousand Dollars and 00/100 Description (Name and Location): Additions and Renovations to Webster Detention Center, Augusta, GA SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 BOND Date (Not earlier than Construction Contract Date): November 14, 2008 Amount: $27,041,000.00 Twenty Seven Million f=orty One Thousand Dollars and 00/100 Modifications to this Bond: e9 None D See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) McKnight Construction Company Signature: tll V\. Name and Title: William D. Me President (Any additional signatures appear on page 3) (FOR INFORMA nON ONL Y - Name, Address and Telephone) AGENT or BROKER: Allied North America Insurance Brokerage of Georgia, LLC Eleven Piedmont Center, Suite 700, 3495 Piedmont Road, NE Atlanta, GA 30305-1530 SURETY Company: (Corporate Seal) Travelers Casualty and Surety Company of America Signature: _~~ . .~A Name and fitle: arvala Ennkltola Attorney-in-Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party) : . KSGW 2500 Northwinds Parkway, Suite 250 Alpharetta, GA 30004 AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.' AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW" WASHINGTON, D.C, 20006 THIRD PRINTING. MARCH 1987 A312-1984 1 ,~ ' 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Ovmer is considering declaring a Contractor Default and has requested and attempted to arrange a c:onference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the O\'lo'ner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de. c1ared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub. paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: . 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the O......ner for a contract for performance and completion of the Con- struction Contract, arraoge for a cootract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph I) In cx. cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for c:ompletion, Or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as sOOn as practicable <liter the amount is deter- mined, tender p<lyment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after re<:eipt of an additional written notice from the Owner to the Surety demanding that the Surely perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety pro<:eeds as provided In Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liabill1y. in whole or in part, without further notice the Owner shall be entilled to enforce any remedy available to the Ov\mer. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the . Construction Contract, and the responsibilities of the Owner to the Sorety shalf not be greater than those of the Owner under the Construction Contract. To the limit orthe amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contrac!, the Sure. ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for conec- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resuHing from the Contractor's Defaolt, and re- sulting from the actions or failure to act of the Surety under Paragraph 4: and 6.3 liquidated damages. or if no liquidated damages .are specified in the Construction Comrae!, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others (or obligations o( the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any per~on or entity other than the Owner or Its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, indud- ing changes of time, to the Construction Contra<:t or to related subcontracts, purc:hase orders and other obliga- tions. 9 Any proceeding, legal or equit<lble, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be Instituted within two years after Contractor Dcfault or within two years after the Contractor ceased working or within two ycars after the Surcty refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph arc void or prohibited by law, the minimum period of limitation avail- AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW. WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to 'per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.' AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 105199456 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. SURETY (Name and Principal Place of Business): CONTRACTOR (Name and Address): McKnight Construction Company 635 NW Frontage Road Augusta, GA 30907 OWNER (Name and Address): City of Augusta 530 Greene Street, Room 801 Augusta, GA 30911 CONSTRUCTION CONTRACT Date: November 5, 2008 Amount: $27,041,000.00 Twenty Seven Million Forty One Thousand Dollars and 00/100 Description (Name and Location):Additions and Renovations to Webster Detention Center, Augusta, GA Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 BOND Date (Not earlier than Construction Contract Date): November 14, 2008 Amount: 27,041,000.00 Twenty Seven Million Forty One Thousand Dollars and 00/100 Modifications to this Bond: 0 None CONTRACTOR AS PRINCIPAL Company: McKnight Construction Company Signature: t_~ ~\ Name and Title: William D. McKnight President (Any additional signatures appear on page 6) (FOR INFORMA nON ONL Y - Name, Address and Telephone) AGENT or BROKER: Allied North America Insurance Brokerage of Georgia, LLC Eleven Piedmont Center, Suite 700, 3495 Piedmont Road, NE Atlanta, GA 30305-1530 C8J See Page 6 SURETY Company: (Corporate Seal) Travelers Casualty and Surety Company of America Signature:~4<~~ d'd'~ Name and Title: Marva a Ennkltola Attorney-in-Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party) : KSGW 2500 Northwinds Parkway, Suite 250 Alpharetta, GA 30004 AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies. and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the . Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, arid provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. '6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 5 conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOllOWS: Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, payor make arrangements for payment of any undisputed amount; provided, however, that the failure of the - Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 6 .( . H MCKNCON ACORDTM CERTIFICATE OF LIABILITY INSURANCE Cllent#: 10587 PRODUCER Wachovia Insurance Serv-AT, GA 4401 Northside Pkwy, Suite 400 Atlanta, GA 30327-3078 770 850-0050 DATE IMMIDDIYYYYJ 11/24/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. McKnight Construction Co., Inc. P.O. Box 204718 Augusta, GA 30917 INSURERS AFFORDING COVERAGE INSURER A: Westfield Insurance Company INSURER B: New Hampshire Insurance INSURER C: INSURER D: INSURER E: NAIC# 24112 23841 INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER P.P1-~1:~~8~E Pg~fJ,~,b~~N LIMITS A ~ENERAL LIABILITY CMM4146460 11/01/08 11/01/09 EACH OCCURRENCE $1 000 000 X. 3MERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 000 - CLAIMS MADE [X] OCCUR MED EXP (Any one person) $ PERSONAL & AOV INJURY $1.000000 . . GENERAL AGGREGATE $2.000.000 X ~'LAGG~riiE LIMIT APnS PER: PRODUCTS-COMProPAGG $2.000.000 POLICY X ~~8T LOC A ~OMOBILE LIABILITY CMM4146460 11/01/08 11/01/09 COMBINED SINGLE LIMIT X. ANY AUTO (Ea accldent) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Par person) - X. HIRED AUTOS BODILY INJURY $ X. NON-<lWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accldent) ==l^GE LIABILITY AUTO ONLY. EA ACCIDENT $ /W'( AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABlLITY CMM4146460 11/01/08 11/01/09 EACH OCCURRENCE $10000000 ~. OCCUR 0 CLAIMS MADE AGGREGATE $10 000 000 $ ~ DEDUCTIBLE $ X RETENTION .$0 $ B WORKERS COMPENSA110N AND 5316727 11/01/08 11/01/09 X WC STATU- 10J~- EMPLOYERS' LIABILITY $500.000 ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500.000 g~~Mt~~~.)l~~~s below E.L. DISEASE - POLICY LIMIT $500.000 OTHER DESCRIPTION OF OPERA110NS I LOCATlONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Webster Detention Center ,Augusta, GA Premises and Operations and Contractual Liability is included in the Per Occurrence Limit of $1,000,000 and the General Aggregate of $2,000,000. The general aggregate applies "per project" if required by contract. (See Attached Descriptions) CERTIFICATE HOLDER ACORD 25 (2001/08) 1 of 3 #S1424320/M1416475 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ---3D- DAYS WRITTEN NOTlCE TO THE CERTlACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTA11VES. AUTHORIZED REPRES~~ . ForWIS by: ~-'V1eJ ~ KBE01 t5l ACORD CORPORATION 1988 Augusta Richmond County Administration 530 Greene Street Augusta, GA 30901 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 3 #S1424320/M1416475 . . .. . .. . . DESCRIPTIONS (Contilluedfrom.Page1). Augusta Richmond County Administration and its representative Is included as an additional insured for general liability coverage, but only as required by written contract with McKnight Construction Co., Inc. Heery International, Inc. is additional insured for general liability, but only as required by written contract with McKnight Construction Co., Inc. Project Manual WEBSTER DETENTION CENTER Additions and Renovations Augusta, Georgia ) issued: . September 11, 2008 SSA commission no.: 0601303 ~ l; () ::r' !,'i;:;~.,;\ ; .J', i:1'! ~ f'.\: . \ ''-~.', i~: """. P,t . ,... . . -..;-.' : . ~;' .....'... . .;. :,' ~." -' .~.. .":.-. M- (I) 2500 Northwinds Parkway Suite 250 () Alpharetla. Ga 30004 voice (770) 619-5913 M- fax (770) 619-5919 00 sicner.com ) Book 1 of 3 . Procurement & Contracts SCHENKELSH U LIZ IJOIJARCH1TECrUREOIJO 111 E. Wayne Street Suite 555 Fl. Wayne, In 46802 voice (260) 424-9080 fax (260) 424-1222 schenkelshullz.com HEERY International, Inc Program Manager INDEX OF DRAWINGS 00 01 15-1 INDEX OF DRAWINGS M-40i HVAC SCHEDULES-NOTES AND DETAILS ) M-402 HVAC SCHEDULES-NOTES AND DETAILS M-403 HVAC SCHEDULES-NOTES AND DETAILS M-404 HVAC SCHEDULES-NOTES AND DETAILS GENERAL ELECTRICAL SHEETS E-001 ELECTRICAL SITE PLAN E-40i ELECTRICAL DETAILS SHEET 1 E-402 ELECTRICAL DETAILS SHEET 2 E-50i ELECTRICAL SINGLE LINE NEW ENERGY PLANT E-502 ELECTRICAL SINGLE LINE EXISTING ENERGY PLANT E-601 ELECTRICAL PANEL DETAILS-SHEET 1 E-602 ELECTRICAL PANEL DETAILS-SHEET 2 E-603 ELECTRIAL PANEL DETAILS-SHEET 3 E-70i LIGHTNING PROTECTION DETAILS GENERAL LOW VOLTAGE SHEETS ) LV-OOi LEGEND AND NOTES LV-101 LOW VOLTAGE SYSTEMS CAMPUS SITE PLAN LV-102 VIDEO SURVEILANCE CAMPUS SITE PLAN LV-103 LOW VOLTAGE SYSTEMS CAMPUS SITE PLAN ENLARGED AREAS LV-201A TYPICAL EXISTING UNIT ABC - FIRST FLOOR LOW VOLTAGE SYSTEMS LV-202A TYPICAL EXISTING UNITS ABC - CONNECTING HALL LOW VOLTAGE SYSTEMS LV-201E UNIT E- LOW VOLTAGE SYSTEMS PLANS LV-30i HOUSING CONTROL ROOM DETAILS LV-302 HOUSING CONTROL ROOM DETAILS LV-40i LOW VOLTAGE SYSTEM DETAILS L V-402 LOW VOLTAGE SYSTEM DETAILS LV-403 LOW VOLTAGE SYSTEM DETAILS LV-404 LOW VOLTAGE SYSTEM DETAILS \ I 00 01 15-3 INDEX OF DRAWINGS P-102D UNIT D-RENOVATED KITCHEN ROOF DRAINAGE ) PIPING PLAN M-101O UNIT D-RENOVATED KITCHEN HVAC PLAN E-101O UNIT D-RENOVATED KITCHEN LIGHTING PLAN E-102D UNIT D-RENOVATED KITCHEN POWER PLAN L V-201O UNIT D-L1FE SAFETY & COMM. PLAN E-30 10 UNIT 0 - RENOVATED KITCHEN LIGHTNING PROTECTION PLAN LV-211O UNIT D - SECURITY PLAN UNIT FC - FEMALE UNIT CORRIDOR T-OOOFC COVER SHEET - FEMALE CORRIDOR UNIT SET S-101FC UNIT FC - FEMALE CORRIDOR FOUNDATION AND SLAB PLAN S-201 FC UNIT FC - FEMALE CORRIDOR ROOF FRAMING PLAN A-001 FC UNIT FC - FEMALE CORRIDOR LIFE SAFETY - SECURITY - EQUIP PLANS A-101FC UNIT FC - FEMALE CORRIDOR FLOOR PLAN A-201FC UNIT FC - FEMALE CORRIDOR REFLECTED CEILING ) PLAN A-301 FC UNIT FC - FEMALE CORRIDOR ROOF PLAN A-401FC UNIT FC - EXTERIOR BUILDING ELEVATIONS A-501FC UNIT FC - BUILDING AND WALL SECTIONS A-601 FC UNIT FC - WALL SECTIONS F-101FC UNIT FC - FEMALE CORRIDOR FIRE PROTECTION PLAN P-101FC UNIT FC - FEMALE CORRIDOR PLUMBING PLANS M-101FC UNIT FC - FEMALE CORRIDOR HVAC PLAN E-101FC UNIT FC - FEMALE CORRIDOR ELECTRICAL PLANS E-301 FC UNIT FC - FEMALE CORRIDOR LIGHTNING PROTECTION PLAN LV-201FC UNIT FC: FEMALE CORRIDOR LOW VOLTAGE PLAN UNIT F - FEMALE HOUSING UNIT (ADD ALTERNATE) T-OOOF COVER SHEET - FEMALE HOUSING UNIT SET S-101F UNIT F - FEMALE HOUSING FOUNDATION AND SLAB PLAN ) I 00 01 15-5 INDEX OF DRAWINGS A-90i F UNIT F - FEMALE HOUSING ROOM FINISH SCHEDULE ) P-i 0 1 F UNIT F - FEMALE HOUSING FIRST LEVEL WASTE PIPING PLAN P-102F UNIT F - FEMALE HOUSING SECOND LEVEL WASTE PIPING PLAN P-103F UNIT F - FEMALE HOUSING ROOF DRAINAGE PIPING PLAN P-20i F UNIT F - FEMALE HOUSING FIRST LEVEL POTABLE WATER PIPING PLAN P-202F UNIT F - FEMALE HOUSING SECOND LEVEL POTABLE WATER PIPING PLAN F-i 01 F UNIT F - FEMALE HOUSING FIRST LEVEL FIRE PROTECTION PLAN F-102F UNIT F - FEMALE HOUSING SECOND LEVEL POTABLE WATER PIPING PLAN M-10iF UNIT F - FEMALE HOUSING FIRST LEVEL HVAC PLAN M-102F UNIT F - FEMALE HOUSING SECOND LEVEL HVAC PLAN M-103F UNIT F - FEMALE HOUSING MEZZANINE HVAC PLAN E-101F UNIT F - FEMALE HOUSING FIRST LEVEL LIGHTING PLAN E-102F UNIT F - FEMALE HOUSING SECOND LEVEL LIGHTING ) PLAN E-20i F UNIT F - FEMALE HOUSING FIRST LEVEL POWER PLAN E-202F UNIT F - FEMALE HOUSING SECOND LEVEL POWER PLAN . E-301 F UNIT F - FEMALE HOUSING LIGHTNING PROTECTION PLAN LV-20iF UNIT F - FEMALE FIRST FLOOR LIFE SAFETY & COMM. PLAN LV-202F UNIT F - FEMALE MEZZANINE LIFE SAFETY & COMM. PLAN LV-211F UNIT F - FEMALE HOUSING FIRST FLOOR SECURITY PLAN LV-212F UNIT F - FEMALE HOUSING MEZZANINE SECURITY PLAN VOLUME-2 T -OOOG UNIT G -COVER SHEET - MALE HOUSING UNIT SET S-101G UNIT G -MALE HOUSING FOUNDATION AND SLAB PLAN S-201G UNIT G -MALE HOUSING MEZZANINE FRAMING PLAN S-202G UNIT G -MALE HOUSING MEZZANIINE STRUCTURAL CEILING PLAN S-203G UNIT G -MALE HOUSING LOW ROOF FRAMING PLAN \ S-204G UNIT G -MALE HOUSING HIGH ROOF FRAMING PLAN ) 00 01 15-7 INDEX OF DRAWINGS "'\ , P-202G F-101G F-102G M-101G M-102G M-103G E-101G E-102G E-201G E-202G E-301 G LV-201G LV-202G LV-211G ) LV-212G UINT G -MALE HOUSING SECOND LEVEL POTABLE WATER PIPING PLAN UNIT G - MALE HOUSING FIRST LEVEL FIRE PROTECTION PLAN UNIT G -MALE HOUSING SECOND LEVEL FIRE PROTECTION PLAN UNIT G - MALE HOUSING FIRST LEVEL HVAC PLAN UNIT G - MALE HOUSING SECOND LEVEL HVAC PLAN UNIT G - MALE HOUSING MEZZANINE HVAC PLAN UNIT G - MALE HOUSING FIRST LEVEL LIGHTING PLAN UNIT G -MALE HOUSING SECOND LEVEL LIGHTING PLAN UNIT G -MALE HOUSING FIRST LEVEL POWER PLAN UNIT G -MALE HOUSING SECOND LEVEL POWER PLAN UNIT G -MALE LIGHTNING PROTECTION PLAN UNIT G -MALE FIRST FLOOR LIFE SAFETY AND COMM. PLAN UNIT G - MALE MEZZANINE LIFE SAFETY &COMM. PLAN UNIT G.- MALE HOUSING FIRST FLOOR SECURITY PLAN UNIT G - MALE HOUSING MEZZANINE SECURITY PLAN S-101H S-201H S-202H S-203H S-204H S-205H A-001 H A-002H. A-101H A-102H ) A-103H T-OOOH COVER SHEET-MEDICAL MENTAL HEALTH SET UNIT H -MEDICAL MENTAL HEALTH FOUNDATION AND SLAB PLAN UNIT H - MEDICAL MENTAL HEALTH MEZZANINE FRAMING PLAN UNIT H - MEDICAL MENTAL HEALTH MEZZANINE STRUCTURAL CEILING PLAN . UNIT H - MEDICAL MENTAL HEALTH MEDICAL OFFICE AREA ROOF FRAMING UNIT H -MEDICAL MENTAL HEALTH LOW ROOF FRAMING PLAN UNIT H -MEDICAL MENTAL HEALTH HIGH ROOF FRAMING PLAN UNIT H -MEDICAL MENTAL HOUSING LIFE SAFETY PLANS UNIT H - MEDICAL MENTAL HEALTH SECURITY WALL PLANS UNIT H -MEDICAL MENTAL HOUSING FIRST LEVEL DIM PLAN UNIT H -MEDICAL MENTAL HOUSING SECOND LEVEL DIM PLAN UNIT H -MEDICAL MENTAL HOUSING MECH MEZZ DIMENSION PLAN 00 01 15-9 F-102H UNIT H -MEDICAL MENTAL HEALTH SECOND LEVEL FIRE PROTECTION PLAN UNIT H -MEDICAL MENTAL HEALTH FIRST LEVEL WASTE PIPING PLAN UNIT H -MEDICAL MENTAL HEALTH SECOND LEVEL WASTE PIPING PLAN UNIT H -MEDICAL MENTAL HEALTH ROOF DRAINAGE PIPING PLAN UNIT H -MEDICAL MENTAL HEALTH FIRST LEVEL POTABLE WATER PLAN UNIT H -MED MENTAL HEALTH SECOND LEVEL POTABLE WATER PLAN UNIT H -MEDICAL MENTAL HEALTH FIRST LEVEL HVAC PLAN UNIT H - MEDICAL MENTAL HEALTH SECOND LEVEL HVAC PLAN UNIT H -MEDICAL MENTAL HEALTH MEZZANINE HVAC PLAN UNIT H - MEDICAL MENTAL HEALTH FIRST LEVEL LIGHTING PLAN UNIT H -MEDICAL MENTAL HEALTH SECOND LEVEL LIGHTING PLAN UNIT H -MEDICAL MENTAL HEALTH FIRST LEVEL POWER ) P-101H P-102H P-103H P-201 H P-202H M-101H M-102H M-103H E-1 01 H E-102H E-201 H ) E-202H UNIT H -MEDICAL MENTAL HEALTH SECOND LEVEL POWER UNIT H -MEDICAL MENTAL HEALTH POD LIGHTNING PROTECTION UNIT H -MEDICAL FIRST FLOOR LIFE SAFETY & COMM. PLAN UNIT H-MEDICAL MEZZANINE LIFE SAFETY & COMM. PLAN UNIT H - MEDICAL MENTAL HEALTH FIRST FLOOR SECURITY PLAN UNIT H - MEDICAL MENTAL HEALTH MEZZANE SECURITY PLAN E-301H LV-201H LV-202H LV-211H LV-212H T-OOOV COVER SHEET - VIDEO VISITATION BUILDING SET S-101V S-201V A-001 V A-101V A-30 1 V A-401 V ) VIDEO VISITATION FOUNDATION AND SLAB PLAN VIDEO VISITATION ROOF FRAMING PLAN VIDEO VISITATION LIFE SAFETY PLAN VIDEO VISITATION PLANS VIDEO VISITATION ROOF PLAN AND DETAILS VIDEO VISITATION BUILDING ELEVATIONS 00 01 15-11 INDEX OF DRAWINGS ) PROJECT DIRECTORY PROJECT DIRECTORY ADDITIONS AND RENOVATIONS TO THE WEBSTER DETENTION CENTER OWNER: The Augusta Richmond County Commission Office of the Mayor Mayor: Deke Copenhaver Administrator: Fred Russell Associated Department: Richmond County Sheriff's Office Owner's Representative (Project Manager): Heery International, Inc. 501 Greene Street Suite 313 Augusta, GA 30901 706-842.5543 706-821-2484 - Fax Bob Munger, Capital Improvements Program Manager ) . Design Consultant: ... ) KSGW Architects 2500 Northwinds Parkway Suite 250 Alpharetta, GA 30004 770.619.5913 770.619.5919 - Fax. Schenkel Shultz Architecture (Associated Architect) 111 East Wayne Street, Suite 555 Fort Wayne, IN 46802 260.424.9080 260.424.1222 - Fax Johnson, Laschober & Associates (Engineers) 1296 Broad Street Augusta, GA30903 706.724.5796 Commissioning Consultant: WorkingBuildings 4501 Circle 75 Parkway Suite B2200 Atlanta, GA 30339 678.990.8001 -00 01 16 - ) ) ) INVITATION TO BID INVITATION TO BID The Invitation to Bid is issued by: Augusta Procurement Department 530 Greene Street - Room 605 Augusta, GA 30911 Attention: Geri A. Sams .-00 11 00 - ") ARTICLE 1 DEFINITIONS ~ 1.1 Bidding Documents include the Bidding Requirements and the proposed Conu'act Documents. The Bidding Requiremellts consist of the Advertisement or Invitation'to fJid, Instructions to Biddefs, Supplemelltary In,rructions to Bidders, tbe bid form, and other smnpll~ bidding und contract forms. The proposl~d Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary amI other Conditions), Drawings, Spc<'itications and all Addenda issued prior to exccution'of the Contract. S 1.2 Definitions set t(lfth in tlll~ General COllditions of tbe COlltraet for Constnlction, AlA DocuIl1ent A201, or in other Conuact Documents arc applicable to tlie Bidding Documents. S 1.3 Addenda are \vritten or graphic instWlllelltS issued by t.he Architect prior to the execution of the Contract which mcxJify (}f interpret lhe Bidding DOC\lJncnls by additions, deletions, clarific,1tions or corrcctions. IJ 1.4 A Bid is a con1jJlete and properly ex.cclltc,d proposal to do the Work. for the sums stipulated therein, submitted in accord,UlcC with the Bidding Documents. S 1.5 The Base Bid is the sum stated in tile Bid for which the Bidder offers to perform tlle Work described in the Bidding Documents a~ the ba..<,c, to which W<lrk may be added or from which Work may be deleted for sums stated ill Alternate Bids. S 1.6 An Alternate Bid (or Alternate) is an amoulll.<,wted in the Bid (Q be added to or deducted from the amount of the Base Bid if the corresponding change il11he Work, as <kscribed in the Bidding Documents, is accepted. S 1.7 A Unit Priee is an amount stated in the Bid a<, a price per unit of mcasurement for materials, cquiplm~lll Of services or a portion of the Work as described in the Bidding Documems. ~ 1.B A Bidder i~ [l penon or cntity who submits a Bid and who me(~\s tl1C rcquircmcllt~ set forth in tne Bidding Documcnts. ) 91.9 A Sub-bidder is a pcrson or entity wbo submits D bid to a Bidde.r for n1.:lterials, equipment or labor for a portion of thl~ Work. ARTICLE:2 BIDDER'S REPRESENTATIONS 92.1 The Bidder by making a Bid represents thai: ~ 2.1.1 The Biddcr has read and understands the Bidding Documents or Contract Doelllllcnts, to the extent that such documcntation relates to the Work for wbichthc Bid is submitted, and for other pOl1icJllS of the Project, if a.ny, being bid concurrenrly or prcscntly under constnlclion. S 2.1.2 T/leBid is made in compliance with the Bidding Documents. ~ 2.1.31l1e Bidder has visited the site, become familiar with local conditions unda wbic.h the Work is to be pClforrned ;tod has condated tJlc Bidder's personal ol:>servalions with tbc requirements of tile proposed Contract Documents. S 2.1.4 TIle Bid is based upon thc "materials, equipment and systelJ)..<; fequired by the Bidding Documents without exception. ARTICLE 3 BIDDING DOCUMENTS 9 3.1 COPIES ~ 3.1.1 Bidders may obtain complete sets of 111C Bidding Documeilts from the issuing officc designated in tl){~ Advertisement or Jnvit<'1cion to Bid in the number and fOf the dcposj( sum, if any, slated therein. The deposit will be refunded to Bidders who submit a bona fide Bid and rel\lfll the Bidding DOCUJl1ellts in good condition within tCll days aftcr re<:eipl of Bids. The cost of replacement of missing or damaged documents wj]] be deduCl!:d from the deposit. A Bidder receiving a COlltract ,I ward m.ay relitin the Bidding Documents and the Bidder's del"JOsit will be refunded. ~___,__,_,,___________.,_,_'~'_________"~h~"_____"_~____'___.__"__'_'_~'h__~""_._.____'_""""'____ ...._.._--.~.,-- AlA 'pocumcnt A701 TlJ _ 1997. Copytlghl @ 1970. 1914, 1978, 1987 and 1997 by The Amorican Instilule ct ^rchit~cts. All rights rosorved,; WArlNING: This AlA Document Is protected by U.S. Copyright Law and Intcrn~lloOllI Trealles. Un.ulhotl~ed rep/oducllon or distribution of thts AIA" Documenl, or 2 any ponlon of 11, ""Y IAsullln .evere civil and crimInal p'lr....llles. and will 00 pro.eclJled 10 Ihe maximum extent possible under the law. This documenl was producod by AlA sonw.r. at 11 :11: 1 ~ all 03174/2008 under Order No.1 00032270'/_1 which expires Oil 10/12/2008. and is not lor reSide. User Noles: (3131767693) ) ARTICLE 4 BIDDING PROCEDURES ~ 4.1 PREPARA liON OF BIDS S 4.1.1 Bids shall be submillcd on thc forms included with thc Bidding Documents. S 4.1.2 All blanks on the bid form shall be legibly eXeCuted in a non"l~rasabk medium. ~ 4.1.3 Sums sball be exprcsscd in both words and ligures. 1n ea<;e of discrepancy, tbe lIl11()\B)t wrillen in words shall govern. ~ 4.1.4 JnterliDeluions, alterations and erasures must be initialed by the signer of the Bid. ~ 4.1.5 All requested Alternates shall he bid. H no changc in the Base Bid is required, enter "No Change'" S 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder r11<lY, witham forfeiture of the-bid se.curity, slale the. Bidder's rcl\lsallo accept award of less than the combination of Bids stipulated by the Bidder. The Biddcr ~hall nJ.'lkc no additional stipulations on the bid form nor qualify thc Bid in any other manner. ~ 4.1.1 Each copy of the Bid shall ~tate the legal name of the Bidder and Ihe nature of legal form of the Bidder. The 13idder shall provide evidence of legal authority to perform within [he jurisdiction ofthc. Work. Each copy shall be sjgOl~d by the person or persons kgally authorized to bind the Bidder to a conlract. A Bid by a corporation shall further give rhl~ state of incorporation and havc the corporate seal affixed. A Bid submitted by an agent shall have a currenl power of allorncy <lllac.hed certifying the agent's authority to bind the Bidder. ) 9 4.2 BID SECURI1Y ~ 4.2.1 Each Bid shalJ be accompanied by a bid security in the form and amount requircd if so stiplllatc.d in the lmtruetions to mdLkrs. The Bidder -pkdges III enler into a Contract with the Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligation~ arising thereunder. Should the Bidder refuse to enter into such COJltr3et or fail to furnish such bonds if required, thc amount of the bid security shall be forfeited \0 the Owner a.<, liquidated damages, nOl as a penalty. TIle amount of tne bid secwity shall not be forfCitedto Ihe Owner in tIle event the Owner fails to complY with ScctiOll 6.2. 9 4.2.21f a surcty bond is required, it shall b,:. written on AlA Document A31 0, Bid Bond, unless otJicrwisc provided in the Bidding Documents, and the attorney-in-fact who e.xecutes the bond on lx~half of the surety shall aft1x tu the bond a ccrtified and current copy of the power of attorney. 94.2.3 The Owner will have the right to rerain the bid security of Bidders to whom an award is being considered until either (n) the Contract has been cxecuted and bonds, if required, have been fuwished, or (b) the specified time ilas elapsed 50 that Bids lllay bc withdrawn or (e) all Bids have been rejected. 94.3 SUBMISSION OF BIDS S 4,3.1 All eopjl~s of the Bid, the bid ,ecurity. if lIny. and any othl:r documents required to be submitted "~th the Bid shllJl be enclosed il1 R se..1.kd opaque envelope. TllC envdope shall be addressed to the party receiving the Bids and shall be identified with the Projcct namc, Ihe Bidder's name and address ami, if applicable, tlle (k~ignated portion of the Work for which the Bid is submined. Jf the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED 1310 ENCLOSED" on the face thereof. 94,3.2 Bids shall be deposited at the dc!"'ignaled location prior to the lime a.nd date for receipt of Bids. J1ids received artl~T the timc and date for n~cejpt of Bids \\~]J be returned unopened. 94.3.3 The Bidder shall a.~surnc full resJlonsihility for timely delivery at the location de.5ignac(~d for receipt of Bids. S 4.3.4 Oral, telephonic, telegraphic, facsimi Ie or other clectronicall y transmitted bid.~ \"ill not be con~idercd. S 4.4 MODIFICATION OR 'N\lHORAWAl OF B\O ~ 4.4.1 t\ Bid may not bc !T1oditicd, withdnlwn or canceled by the Bidder duriDg tbe stipulated timc period followi ng the time a.nd date designated for the rt~ccipt of Bids, and each Bidderso agrees in submitting a Bid. ) AlA Document A701 '" - 199'1. Copyrlgh\ rtJ IS'IO. 19l~. 1976, 1907 and \ 997 by The A.meriC<\n Inst,luteol "'rchi\cct~. All ,Igh\<; r0Sel'1cd. WMlHltlG: Thl~ AIA~' Doculnent Is protected by U.S. Copyrlghl Law and Int~rnailo",,1 Treailes. Unaulhorl2eO leproducllon or dlstrlbUllon ollhls AlA"' Documenl, or anI' portion 0111, may rcSU~ In S6V8/e civil and crl'nl,,~1 pen;thlee. and will be prosecuted 10 Ihe lnaxlmum eXlenl posslbl. unde, the I~w. This document \\'il9 produce d by AlA sohwilre nt 11 :11: 14 on 03/24i2008 unde r Ordcr No.1UOO32'2107., \ ",hell c>{'ires on 10.'12/2006, ?nd is nollor resale. User I~ote$: (3131767693) 4 ) ) ) S 6.3.3 Prior to the execution of the COlllract, the Architect will notify the Bidder in writing if either the Owner or Architr~t> afler Jile investigation, has reasonable objcction to a pe.rson or entity proposed by the Bidder. 11' the Owner or Architect h3s reasonable objection to a proposed l-">erson or entity, the Bidder may, at the Bidde.r's optioo, (L) withdraw the Bid or (2) submit all acceptable suhstitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by :.ueh substitution. Tbe Owner may aceept the adjusted bid price O[ disqualify the Biddcr. ln the event of either withdrawal or disqualification, bid sccurity will not be forfeited. S 6.3.4 Persons and entities proposed by the Bidder (UJd to whom the Owner and Architect have made 110 reasonable Objec!jon lllUSt be used Oll the Work for which they were proposed and shall not be changed exccpt with tbt: written consent of the Owner and ArcllitccL ARTlClE 7 PERFORMANCE BOND P,ND PAYMENT BONO ~ 7.1 BOND REQUIREMENTS 97.1.1 If stipulated in the Biddijlg Documents, tbe Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured throllgh thc Bidder's usual sources. {) 7.1.2 Jf the furnishing of such bonds is SliplIlnte.d in the Bidding Documents, the cost shall be included in [be Bid. If the furnishing of such honds is required after receipl of bids and bcforc execmion of [he Contract, the COSt of such bonds shall be added to the Bid in determining the Contract Sum. 9 7.1.31f the Owner requires that bonds he sccured li'olll other than the Bidder's llsual somces, change-.s in cost will be adjusted as provided in the Contract DOCUIl1CrHs. 97.2 TIME OF DELIVERY AND FORM OF BONDS 97.2.1 The Bidder shall deliver the required bonds to the Owner not later than three. days following [1Jc date of- exec.ution of the Contract. If the Work is [0 be commenced prior thereto jn response to a Jetter of iJllent, the Bidder shalL prior to commencement ofthc Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered jn accordance with this Section 7.2.1. . S 7.2.2 Unless otherwise provided, the bonds shall be written on AlA Document A312, Performance Bond and Paymellt Bond. Both bonds shall be \witten ill tile amount of the Contract Sum. S 7.2.3 The bonds shall be datc<l 011 or after the date of the Contract. S 7.2.4 The Bidder shall require the attorney-ill,fact who executes the required bonds \)J) behalf of the surety to affix thereto it certi.fied and current copy of the power of attorney. A-RJ~ - . ~:GmR'- B.llJ~~c::r~ents;--th='tg:rceme.nt=rorlb.~rl::::WlU:hc-..l,\I.r,itt.cn--oll::-kh\ .J;)0GUi-n(~Ht--AJl).h""~t.alldiif(,J,.1.iGI'RH'l-f.,.Agf&B1**lt-SGlWeefl"'),.wHi.~.,GHf1tr.a<*(7r~Whef(..y~1<il-#.1~'~Yi3~a. 8-!il)lJlat~n. AlA [)()cumel'l A'IOP" - 1997. Copyright to 1970. 1974, 1978, 1987 and 1997 by Tho Allleric~n I"stilulo of Arcl,ileds. AI' rlghls rBse/ved. WARNING: This AlA" Document Is prOlecled by US. Copydghl Law ."d Il\\emMluMI ..talles. Uneulhorluxj reprol1\IC\\!}n or 111;.\lII>Ulloo !}llhts AlA" Document,Ol 6 any portion of II, m"y resullln severe civil and crlml"BI pellaltles, and will be prosecuted to lhe m.xlmum extent possible under tho Jaw. This docllm.,,! was produced b}' AlA sollWare 01 1 1 :11:1" on 03J:?4t2008 uMcr Order No. 1000322707_ \ Wlliell e'pires or> lOll 2P008. ano is not lor resale. User Noles: (3131761693} SUPPLEMENTARY INSTRUCTIONS TO BIDDERS ) The Bidder shall confine his examination to the specific areas designated for the proposed construction, including easements and public right-of-ways. If due to some unforeseen reason, the Owner's acquisition of the proposed construction site (including easements), have not been completed, the bidder may enter the site only with the express consent of the property owner. The Bidder is solely responsible for any damages caused by his examination of the site. The Contractor will not be given extra payments for conditions which can be determined by examining the site and documents. 3. BIDS. Bids will be received from pre-qualified Bidders, until time designated in the Invitation to Bid, at the following location: Augusta Richmond County Procurement Department 530 Greene Street -.: Room 605 Augusta, GA 30911 Attention: Geri A. Sams Bids received after this time will not be accepted. All interested parties are invited to attend. Bids will be opened publicly and examined for completeness and responsiveness immediately after specified closing time. Bid Forms shall be completed and submitted within the Proposals, utilizing the Bid Form contained herein. Bid Form Supplements shall be included in the sealed envelope, and examined at the Bid Opening, for Responsiveness to requirements. 4. QUESTIONS, ADDENDA AND INTERPRETATIONS. Submit all questions about the Bidding Documents to the following address, in writing: ) Augusta Richmond County Procurement Department 530 Greene Street - Room 605 Augusta, GA 30911 Attention: Geri A. Sams Fax: 706.821.2811 To the extent practicable, replies will be issued in writing. Any replies issued will be uniformly distributed to all prime bidders of record as Addenda to the Bidding documents and will become part of the Contract. The Owner and the Design Consultant will not be responsible for oral clarifications. Questions received after the date specified in the Invitation to Bid may not be answered. No interpretation of the meaning of the Drawings, Specifications or other Pre-Bid documents will be made to any Bidder orally. Any such interpretation mistakenly granted will be non-binding. Failure of Bidders to receive or acknowledge an Addendum shall not relieve him of any obligation under the Bid. All Addenda shall become part of the Contract Documents. 5. Not used. 6. SCHEDULE. The General Contractor shall generate within 21 calendar days after an award of contract, al~(itlQ1iJrd9th1![~.!!l9Jt~.~f&l)l~~D;g~Ql~-mrec~i:inrc.Q.~.!r.ld,9!!.9IJi~,g!!y!!j~~Iggi:iE!~!!t@1i1:l b-rOI&O'~QQ~!)JJ?l~~~~R8.!J2,~.,~!~~?,JC~~~tE:,ilte. JI9i\,.!n'1~~<t2rft'l!J~~~;~Jl!:f,lG,QtiR~(1Dj:?9Jlij]'E.tQ1~'? This is a mi n imum schedulingformal'fe(fmrement~-".''''''''''''''''''';"''''. .. -. ) 7. OBLIGATION OF BIDDER. By submission of a Bid, each Bidder warrants that Bidder has inspected the site and has read and is thoroughly familiar with the Contract Documents (including all Addenda). The failure or omission of any Bidder to examine any form, instrument, or document shall in no way relieve any Bidder from any obligation in respect to the Bid. 00 22 00-2 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS ) D. Contractor Affidavit and Agreement E. LSB Subcontractor/Supplier Utilization Plan F. Proposed Subcontractor Listing G. Propo~ed Substitution Listing H. Corporate Certificate I. Partnership Certificate J. Non-collusion Affldavit of Contractor K. Subcontractor Affidavit L. Statement of Non-Discrimination M. Good Faith Efforts Subcontractor and Supplier Contact Form N. Conflict of Interest Form ) 15. MODIFICATION AND WITHDRAWAL. Bids may not be modified after submittal. Bidders may withdraw Bids at any time before bid date, but may not resubmit them. No Bid may be withdrawn or modified after the bid date except where the award of Contract has been delayed for over 60 days. 16. ACCEPTANCE OF BID (AWARD). Subject to paragraph 15, it is the intent of the Owner tp award a contract to the lowest Responsive, Responsible Bidder, including full consideration of bids, qualifications, unit prices and alternates, provided the Bid has been submitted in accordance with all applicable requirements and does not exceed the funds available. The Owner shall have the right to waive any informality or irregularity in any Bid or Bids received, to negotiate Contract Terms with the various bidders, and to accept any Bid, when such is deemed by the Owner, in his judgment, to be in his own best interest. 00 22 00-4 17. REJECTION OF BIDS. Notwithstanding anything herein or elsewhere to the contrary, the Owner shall have the right to reject any or all bids, before or after opening, for any reason whatsoever including, but not limited to, any failure of any Bid to be accompanied by any required Bid security or by other data required by the bidding documents, any incompleteness or irregularity of any Bid received, or any evidence of collusion with the intent to defraud or other illegal practices on the part of the bidder. . 18. EXECUTION OF CONTRACT. Each bidder shall be prepared, if so requested by the Owner, to present evidence of his experience, qualifications, and financial ability to carry out the terms of the Contract. Notwithstanding any delay in the preparation and execution of the formal Contract Agreement, each bidder shall be prepared, upon written notice of bid acceptance, to commence work within 10 calendar days following receipt of official written order of the Owner to proceed, or on date stipulated in such order. The accepted bidder shall assist and cooperate with the Owner in preparing the formal Contract Agreement, and within 10 calendar days following its presentation shall execute same and return it to the Owner. 19. TEMPORARY FACILITIES. General Contractor shall include in his bid, all Contractor fencing and gates required for public and protection of property, and all other required temporary facilities as described in the Contract Documents. ) 20. UTILITIES AND TRAFFIC ENGINEERING. General Contractor shall include and be responsible for, in his base bid, costs for the following work, but not limited to only these listed: ) BID FORM BID FORM ADDITIONS AND RENOVATIONS TO THE WEBSTER DETENTION CENTER Augusta Richmond County DATE: October 9 , 2008 NAME OF BIDDER: McKnight Construction Company, Inc. To: Augusta Richmond County Procurement Department 530 Greene Street - Room 605 Augusta, GA 30911 Attention: Geri A. Sams DEAR SIR OR MADAM: 1. Having carefully examined the Bidding Documents entitled ADDITIONS AND RENOVATIONS TO THE WEBSTER DETENTION CENTER, 2: 10/ 1/08 dated 9/11/08 and Addendum(s)1:9/24/08. , as well as the premises and conditions affecting the Work, the Undersigned, as the duly authorized representative of the General Contractor herein known as the "Bidder," proposes to furnish all services, labor and materials required by them in accord with said documents, for the sums below: ) j Total of Work, which sum is hereinafter called the "Base B~": "\ ~ ~;~ '1'1\:\ \It """ ,Ei,\ V- ~(,,6 ~ '1io~1 ($ 2(" ~oo.ooo..... ) 2. We agree that in the event unforeseen conditions (conditions contrary to that shown in the survey and/or Contract Documents) are encountered, or minor changes are required, the following unit prices shall be used as the basis of payment for any modifications to the aggregate total of required Work, whether additive or deductive. .' Unit Prices Item 1 2 3 ) 4 5 6 7 8 Bid Unit Price Descri tion Machine excavate common earth or clay; de osit and com act elsewhere on site Stone backfill (no. 53 compacted in place) for trenches Engineered backfill for undercut or overexcavated areas Removal of unsuitable soils Rock removal 14' hi h erimeter securit fence, com lete 12' hi h erimeter securit fence, com lete Fit-out of existing detention cells in existing ods Unit Cu. yd. Cu. Yd. Cu. yd. Cu. Yd. Cu. Yd. LF LF Each 00 41 00-1 BID FORM \ 1 Unit prices are for installed work, and include all overhead and profit. See also Section 01 2200. 3. The undersigned proposes that, should any of the following alternates be accepted and incorporated in the Contract, the Base Bid will be altered in each case as follows. Refer to the Alternates Section (01 23 00) of the Specifications for complete description of Alternates. Alt. Brief Description # 1 Female Pod 2 PYC Roofing (Base Bid Buildings only) 3 PYC Roofing (Female Pod only) 4 High Speed Coiling Overhead Doors 5 Steel Security Windows 6 Cast Stone l 7 Landscaping f 8 Laundry Equipment 9 Fixed Dayroom Table and Chairs (Base Bid Buildings Only) 10 Fixed Dayroom Table and Chairs (Female Pod Onl Added Amount to Base Bid (Written) (l)St. dO D.UO ~o E.~~ ~+"""'-Vl.d("d ~r"~ T"'-.r->c.~ $ \ <:>0/ ~~,ooo. ~C> 1""A.(5).-V\.~ ~(t. ~d It 0 C> E,tJ -thov~'~ 'O,.}r- huvviv-e ~41)- . 1l~).' s-i!< tJ...ov ~~R ~ '70.,-'-- $ ZIP 000 I CP $ \00, D60, iP $ eg. tfot') . lJV , ~ ~U~~ -h~()~:;~ c.-,;~ 10 -~ ~u~ (:l~ ~~ ~ ~2oh r: t~ -H'\O,,~~ $ \ P:, DOL). 0"'0 $ 5""0 0 DO. b~ I 4. Allowance: In addition to allowances listed in Section 01 21 00, the undersigned has included in the base bid costs to properly dispose of up to 40 tons of currently on-site rubbish, including asphalt, concrete, fencing, reinforced concrete pipe, household goods and automobile parts. Disposal shall occur at the Augusta Richmond County landfill.:. 5. For and in consideration of the sum of $1.00 the receipt of which is hereby acknowledged, the Undersigned agrees that this proposal may not be revoked or withdrawn after the time set for the opening of bids but shall remain open for acceptance for a period of sixf}L calendar days following such time. \ 6. In case they are notified in writing by mail, telegraph, facsimile or delivery of the acceptance of this proposal within sixty calendar days after the time set for the opening of bids, the Undersigned agrees to execute within ten (10) calendar days a contract for the Work for the above-stated compensation and not later than three (3) calendar days following the date of execution of the \ I 0041 00-2 BID FORM agreement furnish and deliver to the Owner a Performance Bond and Payment Bond, both in an ) amount equal to one hundred percent of the Contract Sum. I 7. Time for completion: The Undersigned agrees to commence actual physical work on the site with adequate force and equipment within ten (10) calendar days of the date of the Notice to Proceed and substantially complete the work ready for use not later than 665 Calendar Days after the Contractor receives the Notice to Proceed. Final completion shall occur not. later than 710 calendar days after the Contractor receives the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. The Undersigned accepts the provisions of the Agreement as it related to Liquidated Damages, in the event of failure to . complete the Work within the specified Contract Time. 8. Enclosed herewith is a Bid Bond, in the amount of 10% of Base Bid Dollars ($ 10% ) being not less than 10% of the Base Bid. The Undersigned agrees that the above stated amount is the proper measure which the Owner will sustain by the failure of the undersigned to execute the contract and to furnish the Performance and Payment Bond in case this proposal; is accepted, and further agrees to the following: 9. The Undersigned agrees that if this proposal is accepted within sixty (60) calendar days after the date set for the opening of bids and the Bidder fails to execute the contract within ten (10) calendar days after notice of such acceptance or if he fails to furnish both Performance and Payment Bond, the obligation of the Bid Bond will remain in full force and effect and the money payable thereon shall be paid into the funds of the Owner for such fair use; otherwise obligation of the bond will be null and void. ) 10. The Bidder shall deliver to the Owner, a list of all Subcontractors proposed for the work whose subcontracts will be $500,000.00 or more, with this Solicitation, as outlined in the Supplemental Instructions to Bidders. I, the Undersigned, do solemnly swear and certify that I am a principal or other representative of the firm of McKnight Construction CompanJjnd that I am authorized by it to execute the foregoing offer on its behalf. I am a principal person of the foregoing with management responsibility for the foregoing subject matter and as such I am personally knowledgeable of its pertinent matters. I, the Undersigned do certify that this Bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, labor, supplies or equipment and is in all respects fair and without collusion or fraud. The Bidder understands collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. We agree to abide by all conditions of this bid. The full names and addresses of principals of the firm are as follows: NAME TITLE ADDRESS Hiley E. Carter Vice-President Secretary/ Treasurer 635 NW Frontage Rd. Augusta, GA 30907 635 NW Frontage Rd. Augusta, GA 30907 635 NW Frontage Rd. Augusta, GA 30907 Wjl]i~m D MrKn;gnr "President M~~nn MrKn;ent. TTT ) Dated this 9th day of October , 2()O~. 0041 00-3 BID FORM ) Respectfully Submitted: Name of Company: McKnight Construction Company, Inc. Address: 635 NW Frontage Rd. City, State, Zip: Augusta, GA 30907 Phone: (706) 863-7784 Fax: (706) 863-2031 By: william D. McKnight (~~..QQ_ D. n s President, McKnight Construction Company Title State of Georgia C t fRichmond oun y 0 \ l William D. McKnight being duly sworn exposes and says that he or she is President of McKnight Construction Company and that the answers to the foregoing Title Company questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 9 day of October .20JllL. (SEAL) 0041 00-4 ~uJJi&J Notary Public My Commission Expires: MY COMMlSS10N ExPt~r=~ NOvU.wEf.l20. 2010 END OF BID FORM ) ! BID FORM SUPPLEMENT BID FORM SUPPLEMENT ) The Bidder submits the following statement of Bidders qualifications for consideration of the Owner. Have you ever failed to complete any work awarded to you? No. If so, where and why? Have you ever defaulted on a Contract? If so, where and why? No . List the most important projects recently completed by your company, stating the approximate cost for each, and the month and year completed: *Please see attached ) '" List experience in construction work similar to this project: Augusta Regional Airpnrr, AllgllSr::l "Riu(>rfront Conuention Center Ii. Country Inn & Suites (now Marriott), r.oll1mhi;:! r.mmry nprpnri OT' C(>nt~r > Johnson County Correctional Institute. List background and experience of the principal members of your organization, including officers. Please see attached. 00 43 1 0-1 ") I- Z LU ~ LU .....I 0. 0. )',.::) 'v) ~ a: o Ll- e ~ ) QJ ~ ..... "C c: to .. ~ u to QJ looo o - ..... 11'I o u QJ ..... to E 'x o looo c.. c.. to QJ ~ ..... b.O c: .';:; to ..... 11'I >- c: to c.. E o U looo ~ o > > .0 "C QJ ..... ~ c.. E o u :?' ..... c: QJ u QJ looo 11'I ..... u QJ .-' o looo c.. ..... c: to ..... looo o c.. E "C QJ ..... QJ c.. 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QJ ..s: C +-' +-' Z - QJ c: 0 CO c.. 0 ~ E E <( u 0 0 u .... ~ +-' c: QJ u QJ ~ III +-' U QJ .- 0 ~ c.. +-' c: ra +-' I- ~ U 0 w c.. .... 0 E 0:: c.. +-' III 0 E ) QJ ..s: +-' +-' III :::i * 0 0 0 0 0 0 0 0 0 N N N N N N ~ ~ ~ \.0 tvl \.0 <::t 0 N U") 0 N tvl' OC) N' <::t \.0 N tvl q U") r--' r-- Lrl <fl. ~ ~ <fl. <fl. <( <( 19 19 <( c:' 19 -0' m c: 0 -0 .... rc '- Vl Vi 0 ::l tlO 19 tlO c: ::l Q .....; <( u.. r-- 0"\ J.. N ~ '- Q.J 0 .... c: ~ 0 Q.J Vl tvl ..r: u ~ 0 u u V1 Q.J rc 0 -0 '- U ..r: rc '- .!:!fI '- rc 00 I 19 CO 0"\ ~ -0 I ~O"\ Q.J ~ Q.J .... N Q.J >- .!!) <( '- .... c u u c: <( Vl ::l LU Vl 0 0 0 u '- u c: Q.J -0 E rc u William D. McKnight \ McKnight Construction Company ., President Senior Project Manager EDUCATION High School Diploma, Richmond County High School, 1974 Bachelor of Science, Building Construction Georgia Institute of Technology, 1979 SKILLS . Worked in all phases of construction . Design Team Coordinator . Project Manager . Primavera Scheduling . CADD . PMS Project Management ) ,r PO Box 20471 8 Augusta, GA 30917 Phone: 706-863-7784 Fax: 706-863-2031 E-mail: willmcknight@ mckn i g htconstru cti onco.com WORK HISTORY 1979 to Present, CEO, Project Manager, Estimator, McKnight Construction Company Past Projects (Since 1992): . 2008 Augusta Regional Airport, Augusta, GA, $25,254,193 Matt McCoy, (706) 771-5172 2008 Henderson Library, Georgia Southern University, $20,185,586 GSFlC, David Felts, (404) 463-5752 2007 Fire Crash Rescue Station, Robins AFB, GA, $6,545,000 . US Army Corps of Engineers, Rick Powers, (912) 257-2146 2007 SE Bulloch High School, Brooklet, GA, $18,863,088 Bulloch County Board of Education, Charles Wilson, (912) 764-6201 2007 Combined Arms Collective Training Facility, Ft. Benning, GA $1 3,506,244 US Army Corps of Engineers, George Condoyiannis, (706) 545-3139 2007 Digital Multipurpose Range, Ft Benning, GA, $23,823,461 US Army Corps of Engineers, George Condoyiannis, (706) 545-3139 2007 Fine Arts Instructional Space, Statesboro, GA, $6,995,000 GSFIC, Sheree Srader, (404) 657-0208 2006 Olmstead Homes Modernization, Augusta, GA, $5,442,922 AugustQ Housing Authority, Richard Arfman, (706) 724-5466 2006 Consolidated Maintenance Facility, Ft Stewart, GA, DACA21 -02-0058, $11,467,111 US Army Corps of Engineers, Dave Warren, (912) 767-9908, 2006 Evans Middle School, Evans, GA, $11,259,000 Hughes, Beattie and Associates, Tim Beatty, (706) 541-0650 2005 Columbia County Public Library, Evans, GA, $8,486,000 Studio 3 Design Group, Dee Beaird, (706) 667-9784 2005 Education Center, Ft Stewart, GA, DACA21-02-R-0009, $14,276,618 US Army Corps of Engineers, Dave Warren (912) 767-9908 2004 ADACG Staging Complex, Ft Bragg, NC, $24,807,700 US Army Corps of Engineers, Brian Smith, (910) 432-8121 2004 Family Housing 9 & 10, Ft Bragg, NC, $18,534,458 US Army Corps of Engineers, Ken Gray, (91 0) 432-81 21 2003 Family Housing 12& 13, Ft Bragg, NC, DACA21-99-C-0062, $32,547,531 US Army Corps of Engineers, Ken Gray, (910) 432-8121 2003 Augusta Riverfront Fac. Additions, Augusta, GA, $5,641,451 Augusta Riverfront Limited Partnership 706-823-3301 2003 Country Suites, Augusta, GA, $11,396,242 Augusta Riverfront Limited Partnership 706-823-3301 2003 Northwest Corporate Building, Augusta, GA, $2,400,000 McKnight Properties, Will McKnight, PM 706-863-7784 2001 Schofield Middle School, Aiken, SC, $9,503,000 Kevin Chipman, Project Manager, 803-641-2516 2001 Columbia County Detention Center, Augusta, GA, $1 3,189,000 Richard Harmon, Project Manager 2000 Paul Knox Middle School, N. Augusta, SC, $8,330,440 David Clerc, Project Manager, 803-641-2475 . . . . . . . . . . . . . . . . . . . . ) William D. McKnight ) McKnight Construction Company . President Senior Project Manager . . . . . . . . . . . . . . . . . PO Box 20471 8 Augusta, GA 30917 . Phone: 706-863-7784 Fax: 706-863-2031 E-mail: willmcknight@ mckn i g htcon structi onco.com ) Past Projects Cont'd: . 2000 Sf. Mary On The Hill Catholic School, Augusta, GA , $4,139,000 The Most Reverend J. Kevin Boland, PM, 912-238-2320 2000 Central Utility Plant, ASU, Augusta, GA, $2,640,000 GSFIC, Atlanta, GA 404-656-3400, Michael Felgenhauer Richard Harmon, Project Manager 1999 Clinical Investigation Facility, Ft. Gordon, GA , $1,700,000 USA Corp of Engineers, Earl Hothem,706-791-4234 1999 Consolidated Troop Med. Clinic, Ft. Bragg, NC, $7,807,000 USA Corp of Engineers, Erik Moorehead 910-432-2059 1998 HH60 Ops./Pararescue Fac., Moody AFB, GA, $5,804,000 USA Corp of Engineers, David Warren 912-257-2146 1998 Dooly County Rest Area, Dooly County, $1,792,000 Ii GA DOT, Gary Pullium 706-855-3466 1998 Columbia/Morgan County Rest Areas, $3,760,000 GA DOT, Gary Pullium 706-855-3466 1997 Augusta College Science Building, Augusta, GA, $15,799,000 GSFIC, Walt Fairchild, 404-656-3400 1997 Welcome Center, Augusta, GA, $3,513,857 GA DaTi Gary Pullium 706-855-3466 1997 Fountain Inn Elementary School, F. Inn, SC, $7,004,500 School District of Greenville, Barry Bowen, 864-292-7555 1996 Ff. Gordon Shopping Center, $6,835,000 Army & Air Force Exchange, Wade Raczynski 214-277-7786 1996 Brandon Wilde Phase II, Evans, GA, $14,282,620 Augusta Resource Center on Aging, Bruce Tober 706-868-9800 1996 Springfield Place Nursing home, Newberry, SC, $5,936,546 Herbert Robertson, Administrator, 803-276- 2601 1994 Combat Training Pool, Parris Island, se, $4,829,174 US Navy Southern Division, Ron Drew 803-525-3527 1994 Consolidated Field Maintenance, Ft. Gordon, GA, $21,029,987 USA Corp of Engineers, Earl Hothem 706-791-4234 1994 Jet Fuel Storage Complex, McEntyre ANG Base, $2,956,500 USPFO of SC, Julian Watson, 803-748- 1537 1994 600 Man USARC, Ft. Gordon, GA, $5,500,000 USA Corp of Engineers, Earl Hothem, 706-791-4234 1993 Family Practice Clinic, Ft. Gordon, GA, $3,177,500 USA Corp of Engineers, Earl Hothem 706-791-4234 1992 Washington Correctional Institute, Davisboro, GA, $1 8,388,000 GSFIC, Walt Fairchild 404-656-3400 1992 Johnson County Correctional Institute, Wrightsville, GA, $18,972,713 Mason McKnight III '\ $ McKnight Construction Company Vice-President Education: High School Diploma, Richmond Academy High School, 1973 Bachelor of Business Administration Augusta State University, 1980 Ski II s: . Worked in all phases of construction . Design Team Coordinator . Project Manager ) . Scheduling } -/ PO Box 204718 Augusta, GA 30917 Phone: 706-863-7784 Fax: 706-863-2031 E-mail: masonmcknight@ mckn i g htcon structi onco.com Work History 1977 TO 1986 AND 2001 TO PRESENT, OWNER, VICE-PRESIDENT, PROJECT MANAGER, ESTIMATOR, MCKNIGHT CONSTRUCTION COMPANY 1986 TO PRESENT, PRESIDENT, PROJECT MANAGER, ESTIMATOR ACC CONSTRUCTION COMPANY PAST PROJECTS: . 2008 Third Brigade Barracks, Ft. Bragg, NC, $83,912,875 US Army Corps of Engineers, Karl Gabzdyl (91 0) 396-9124 . 2007 Passenger Processing Facility, Louisiana . 2007 Burke County Middle/High School, $4,987,579 Craig Buckley (912) 447-1080 . 2007 1 st 75th Battalion Operation Complex, Hunter AAF, GA US Army Corps of Engineers, Steve Bentley (91 2) 652-6117 . 2007 Tactical Equipment Shop, Ft. Stewart, GA, $10,001,855 US Army Corps of Engineers, Dave Warren (912) 767-3298 2007 Ranger Barracks Complex, Hunter AAF, GA, $35,805,226 US Army Corps of Engineers, Doug Saxon (912) 652-5380 . 2007 Central Energy Plant Modernization, Ft. Gordon, GA,$23, 084,244 . US Army Corps of Engineers, Phil Rayne (706) 791-4234 . 2004 Oglethorpe Middle/High School, Lexington, GA $6,466,394 Craig Buckley (912) 447-1080 . 2004 Westside High School Athletic Complex, Augusta, GA, $6,018,475 Richmond County Board of Education . 2004 Enlisted Barracks Complex, Hunter AAF, GA $43,874,861 US Army Corps of Engineers, Doug Saxon (912) 652-5380 . 2003 Blakeney Elementary School Phase II, Waynesboro, GA,$9,035,150 Burke County Board of Education (706) 554-5101 . 2003 Bradwell Institute Phase I, Hinesville, GA, $3,059,618 . Craig Buckley (912) 447-1080 2003 Barracks Replacement Complex, Ft. Benning, GA, $39,762,536 US Army Corps of Engineers, Michael Wilkerson (706) 454-3138 2002 Wayne County High School, Jesup, GA, $15,960,787 . Craig Buckley (91 2) 447-1080 Mason McKnight III . 2002 Whole Barracks Complex, Ft. Benning, GA, $24,022,434 ) McKnight Construction Company US Army Corps of Engineers, (706) 545-3138 Vice-President . 2002 General Purpose Warehouse, Ft. Gordon, GA, $1,240,572 Background: US Army Corps of Engineers, Phil Rayne (706) 792-4234 . 2001 KC135 Flight Simulator, Robins AFB, GA, $3,086,076 Member of Church of Good Shepherd US Army Corps of Engineers, Rick Powers (478) 926-0298 . 2000 Waynesboro Elementary School, Waynesboro, GA, $8,097,534 Board of Directors, Burke County Board of Education, (706) 554-5101 First UnionjWachovia 1992-2006; Chairman 2000-2002 . 2000 Waldo Pafford Elementary School, Hinesville, GA, $5,280,616 Liberty County Board of Education, Lois Hodges (912) 876-5826 Board of Directors, . 2000 Greenbrier Middle School, Evans, GA, $8,438,772 Savannah River Banking Company, 2007 Columbia Co. Board of Education, Charles Nagle (706) 541-0650 . 2000 Camden County 9th Grade Center, Kingsland, GA, $7,343,226 Past President, Camden Co. Board of Education, Will Hardin (912) 729-4234 Augusta Builders Exchange . 2000 Enlisted Barracks Complex, Ft. Gordon, GA, $17,968,543 Past President, US Army Corps of Engineers, Earl Hothem (706) 792-4234 Augusta Contracting Association 2000 Cross Creek High School, Augusta, GA, $15,522,006 . ) Hughes and Beattie, Bob Beattie (706) 722-3484 Past President, Augusta Golf Association . 1999 Joint Starts ADAl Utility & Security Improvements, Robins AFB, GA, $1,811,825 Richmond County Exchange Club US Army Corps of Engineers, Rick Powers (478) 926-0298 1993 to Present 1999 Richmond County Athletic Complex, Augusta, GA, $3,315,039 . Hughes and Beattie, Bob Beattie (706) 722-3484 Board of Directors, 1999 Departure/Arrival Airfield Control Group, Hunter AAF, GA, . Augusta Area Junior Golf, 1990-2002 $7,956,695 US Army Corps of Engineers, Doug Saxon (912) 353-2561 Past Board Member, 1999 Joint Starts Phase Maintenance Hangar, Robins AFB, GA, . Episcopal Day School $4,816,145 US Army Corps of Engineers, Rick Powers . 1998 Enlisted Barracks, Ft. Gordon, GA, $20,693,332 PO Box 204718 US Army Corps of Engineers, Earl Hothem (706) 792-4234 Augusta, GA 30917 1998 Repair Dorms 402 & 406, Shaw AFB, GA, $6,768,887 . ) Phone: 706-863-7784 Fax: 706-863-2031 US Army Corps of Engineers, Tom Wilbur (803) 751-31 24 E-mail: masonmcknight@ mckn i g htconstructi onco.com Mason McKnight III ) McKnight Construction Company . 1998 Georgia Southern Student Center Residence Center, Vice-President Statesboro, GA $11,366,000 GSFIC (770) 656-3400 . 1997 Richmond County Elementary #3, Augusta, GA, $5,500,000 Richmond Co. Boord of Education, Marvin Powell (706) 737-7330 . 1997 Alter Dorms Phase II, Seymour Johnson AFB, NC, $10,849,722 US Army Corps of Engineers, Tom Dickens (919) 722-5869 . 1997 HQAFRES Professional Development Center, $8,079,211 US Army Corps of Engineers, Rick Powers (478) 926-0298 . 1996 Flight Simulator And Tactical Training Squadron, $4,423,005 US Army Corps of Engineers, Rick Powers (478) 926-0298 . 1996 Join Starts Aircraft Apron & Hydrant Fueling System, $9,170,280 US Army Corps of Engineers, Rick Powers (478) 926-0298 . 1996 Effingham County High School, Springfield, GA, $6,026,826 Effingham Co. Boord of Education, ) Dr. Michael Moore (91 2) 754-6491 . 1996 WSRC Engineering and Ops, Becthel, $19,896,000 Pot Enrod (803) 952-9823 . 1994 Alter Dorms Phase I, Seymour Johnson AFB, NC, $8,039,832 US Army Corps of Engineers, Gory McAlister (919) 736-5458 . 1993 Tactical Equipment Shop, Ft. Benning, GA, $2,663,690 US Army Corps of Engineers, Ken Bright (706) 545-3138 . 1993 F-15 Wing Repair Facility, Robins AFB, GA, $4,816,145 US Army Corps of Engineers, Rick Powers (478) 926-0298 . 1993 QRP Mobile Equipment Facility, Robins AFB, GA, $20,814,442 US Army Corps of Engineers, Rick Powers (478) 926-0298 . 1992 WSRC 730 B, Becthel, $7,049,000 PO Box 20471 8 Pot Enrod (803) 952-9823 Augusto, GA 30917 . 1991 ADAL Weapons System Sup., Robins AFB, GA, $13,503,546 Phone: 706-863-7784 Fox: 706-863-2031 US Army Corps of Engineers, Rick Powers (478) 926-0298 ) E-mail: masonmcknight@ mckn i 9 htconstructionco.c Huey Eugene Carter ) McKnight Construction Company Secretary jTreasurer Education: High School Diploma, Richmond Academy High School, 1960 U n i v e r sit Y of G eo r g i a, 1961-1963 ) ) PO Box 20471 8 Augusta, GA 30917 Phone: 706-863-7784 Fax: 706-863-2031 Work History 1961 TO 1963, UNITED MERCHANTS AND MANUFACTURING 1964 TO PRESENT, SECRETARY AND TREASURER, MCKNIGHT CONSTRUCTION COMPANY Responsibilities: -Maintain Corporate Financial Records -Day to Day Financial Operations -Preparation of Interim Financial Statements and Preparation of Information for Year End Statements by Outside Auditor Felix Albert Patrick, IV (Pat) McKnight Construction Company Project Manager EDUCATION Bachelor of Science, Building Construction Technology, Georgia Southern University, 1980 SKILLS . GEORGIA/SOUTH CAROLINA CONTRACTORS L1SCENCE . SITE PLANNING . CONSTRUCTION ESTIMATING . SURVEYING . JOBSITE LAYOUT . SCHEDULING PRIMAVERA . AGC OSHA CERTIFIED . COE QUALITY CONTROL CERTIFIED \ ; ) I PO Box 20471 8 Augusta, GA 30907 Phone: 706-863-7784 Fax: 706-863-2031 E-mail: patrick@ m ck n i g htconstructionco.com WORK HISTORY 1983 to 1984, Foreman, R.D. Brown Construction Co. 1984 to 1987, Construction Estimator and Superintendent, A.L. Adams Construction Co. 1987 to Present, Project Manager, McKnight Construction Co. Past and Current Projects: . 1990 Brookwood Elementary, Grovetown, GA $3,087,400 . 1992 Davisboro Correctional Facility, Davisboro, GA $18,388,000 . 1993 Family Practice Clinic, Fort Gordon, GA $3,257,764 . 1994 Consolidated Maintenance Facility, Ft. Gordon, GA $21,029,987 . 1996 Brandon Wilde Phase II Retirement Center, Evans, GA $14,282,620 . 2000 Cross Creek High School, Augusta, GA $15,330,500 . 2001 Columbia County Detention Center, Appling, GA $13,189,000 . 2003 Schofield Middle School, Aiken, SC $9,503,000 . 2004 Westside High School Athletic Complex, Augusta, GA $6,01 8,475 . 2005 Columbia County Library, Evans, GA $8,486,000 . 2008 Augusta Regional Airport, Augusta, GA $25,254,193 . 2008 Henderson Library, Georgia Southern University $20,185,586 . 2008 Fine Arts Center Phase III, Georgia Southern University, $6,995,000 . 2008 White Oak Middle School, Thomson, GA $17,596,908 . 2008 South Augusta Elementary School, Richmond County, GA $14,000,000 BID FORM SUPPLEMENT ') STATEMENT OF BIDDER'S QUALIFICATIONS (To be subscribed and sworn to before a Notary) All questions must be answered and the. data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets, The Bidder may submit additional information. Attach all additional sheets to this Bid Form. Legal Name of Bidder: McKnight Construction Company, rnc. Permanent Main Office Address: 635 NW Frontage Rd. Augusta, GA 30907 When organized 1961 If a Corporation, where incorporated? Georgia Number of years engaged in the contracting business under your present firm or trade name? 47 years Credit Available for this contract? Ample ) Total of current contracts in dollars ($) (Gross Amount) $113,602,562 C t k rf d b f' New South Richmond Co. Middle School, urren war pe orme y your Irm: . Wrens Elementary School Additions, St. Mary's Elementary School, Army Lodge Facility, Software Support Facility at Robins AFB, Washington-Wilkes Middle High School, Combined Arms Collective Training Facility at Ft. Stewart Have you ever refused to sign a Contract at the original bid? If so, where and why? No. Give bank reference: Linda Dozier, Wachovia Bank, (706) 823-2536 The Undersigned hereby authorizes and requests any person, firm,. or corporation to furnish any information requested by the Local Public Agency in verification of the recitals comprising this Statement of Bidder's Qualifications. The Undersigned hereby attests to the truth and accuracy of the above qualification statements, ) 004310-2 BID FORM SUPPLEMENT Dated this ") qrh day of Oc tober t20~. Respectfully Submitted: Name of Company: McKnight Constructinn company,Inc. Address: 635 NW Frontage Rd. City I State, Zip: A ugusta, GA 30907 By: William D. MCKnigh~ President. McKni ghr CotH~truction CULllpallY, In Title State of Georgia County of Richmond William D. McKnight President of McKnight Title questions and all statements being duly sworn exposes and says that he or she is Construc tion and that the answers to the foregoing Company therein contained are true and correct. ) Subscribed and sworn to before me this 9th day of Orrober , 20.Q.L. (SEAL) ~'Nd Notary Public .My Commission Expires: :. MY GOMM\SS1ON ~P'RES NOVt;:mlBER 20. 2010 ) 004310-3 THE AMERICAN INSTITUTE OF ARCHITECTS ) AlA Document A310 Bid Bond KNOW ALL MEN-BY THESE PRESENTS, THAT WE McKniqht Construction Company P.O. Box 204718, Auqusta, GA 30917 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of Augusta 530 Greene Street, Augusta, GA 30901 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Additions and Renovations to Webster Detention Center, Augusta, .GA; Bid No. 08-139A ) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of October 2008 (Seal) (Title) \ '\ " '\ . \0\1'-" Travelers Casualty and Surety Comp (Surety) (Witness) (Title) \ .1 AlA DOCUMENT A310 . BID BOND. AlA. FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 11 POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~ TRAVELERSJ Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company ') Attorney-In Fact No. 220155 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company fJO{')/j'7')Qn-r Certificate No. ,. e:. t..... { .~} c.; U KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint William L. Hix, W. Parker Hix, Sandra F. Black, Marvala Erinkitola, David Eades. and Ho11i Orr of the City of Atlanta , State of Georgia , their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any <\Ciions or proceedings allowed by law. ) WITNr~~eWHEREOF, the ComP1~a8 have caused this instrumTn,t to be signed and ;he.i~,COq)orate seals to be hereto ,lffixed, this ~~ . Farmington Casualty Company Fidelity and GuarantyIl)surance Company Fidelity and Guaranty Insufance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company ~~" ~..r~~~""h..f~1> '\ ~. .." ,..toVOR"'r" ~ \ fgf _ c~g~ \~\SEilLj~J ~.... ....ct-J o'i........"'~.: \ S .,l.~ "'~ \........_~ State of Connecticut City of Hartford ss. 27th St. Paul Guardian Insurance Company' St, Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company (t:f!;~;~\ \ ~~:.~.EA.~.~~) ~~....~... J'-~./ ..~ .'-........,.~ F~~~$Uflt,; I ,,~y-...:.;'i;-. ~ J .~!!TI'ORD, \ "Sj~ ~CONll. / ~ ,,# ~ ..---,.."1 ';l . '4R -.. By: 27th June 2008 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that he, as sllch, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. )Witness Whereof, ] hereunto set m)' hand and official seal. ~'j Commission expires the 30th day of June, 20 II. 58440-5-07 Printed in U.S.A. '\f\w c. j~ '- Marie C. Tetreault.' Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~... BidlRFP /RFQ#08-139A CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with a.c.G.A. 13-10-91, stating affirmatively that the individual, finn, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Refoffi1 and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in a.C.G.A 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with a.C.G.A 13-10-91 on the Subcol1tractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. ) EJON1978 E-Verify * User Identification Number McKnight Construction C pa y co~e D IAAr William D. MCKni(h~1 BY: Authonzed Officer or Age (Contractor Signature) President Please Check One. 500 or More 100 or more X 100 or less Inc. Number of Employees Date: October 9, 2008 Title of Authorized Officer or Agent of Contractor William D. McKnight Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 9th DAY OF OC tober 2008 Notary Public ~' - My Commission Expires: MY COMMISSiON EXPIRES NOVEMBER 20, 2010 ) PLEASE RETURN WITH YOUR SUBMITTAL ") ) ./ ~ ~ Ul o ~Z ><~ E-..J Z~ ;:;lz, E-O ~- O~ Q.,.-( Q.,.N 0..... ~d ~E-< ~:::J Vl . ;:;l~ ~~ ...J~ ..::l...:l <p.. :;p.. 000 ~~ U~ .5~ ><u ~~ O~ uz 00 Zu O~ ~~ 000 ;:)~ .....00 ~..J to., 1Il ;:;l o ;:.J -( ) t) ~ B .... 0.... v o:S .S '""d V (/] ::l V ..0 .9 vi' .~ ..... .... :u ~ o ~ >:l ~ ::l ] vi' .... .~ 15. p. :l CJl en .... o ~ u Cl:I h E o u .D ::l CJl 'J> '" ~ =. .- '" = ~ ~ ... o ~ ~ S ......cJ.o o Q ~ QJ ~ ~ l:l. <II Q i:.c <.l' rJJ ..... Ci 8 (/') ~ OJ o , - "'0 ~ ... .... '" .~ II) Q::: U ~ ~. . ~ <l.) Q c..c: <'l Q.,. ... z"Q~ ;:....~~ = c:t ~ <:: "'.::1 l:l."'z .,... aJ =. ... 0"" u"" -< ~ ..... CJl ;J '. ..... ~ r:: <:::> ~ ... ~ ~ "t:l ~ r:: .~ ';: ~ ~ ~ ... ~ 0: ;:: '-00 01:; ~ 0 S~ c: = Zi: 8 <J -= ci5 o H I7l :;:t: .... u ~ k .... - .. o U 00 o o N 0"\ H Q) ..0 o .j..l tJ o ~ ~ 8 ~ z lU .... ~ Q ..... Q ~ c.. 8 o u .". ~. ~ "" -D "" .... ~ z < ...J '-- <: m CI) ..J 'E Ql E .r: (J ~ ':i I I i i i I 1 , I' I ! \ I I I i i ! i 1 I I I I I I j I l I I I l I , BY: Inc. PROPOSED SUBCONTRACTOR LISTING ) PROPOSED SUBCONTRACTOR LISTING TO: Augusta Richmond County Procurement Department 530 Greene Street - Room 605 Augusta, GA 30911 Attention: Geri A. Sams 1. Pursuant to bidding requirements for the work entitled: ADDITIONS AND RENOVATIONS TO THE WEBSTER DETENTION CENTER The undersigned proposes to use the following subcontractors. This comprises a list of all Subcontractors proposed for the work whose subcontracts will be $500,000.00 or more, with this Solicitation, as outlined in the Supplemental Instructions to Bidders and in the Bid Form. Portion of the Work Name of Subcontractor ) ~'jk wcnlL !Gro-d ''a- F ~e..Q ~~~~;~ .~ ,~, I JrD4---- ~D-I~~_ '"?)Jt ~ ~., l/--. ~ ~r C.-IZ..*1 11 Ercb\. . El~-h- ~.~ Nff7 ~~ M~ 'P -UuA f~~ ~ Di\V t.s. I '2> I.. fY\-e.V\~ ~o..c.K USE ADDITIONAL SHEETS BIDDER: IF REQUIRED TITLE: President PROVIDE SIGNATURE IDENTICAL TO THAT SHOWN ON THE BID FORM ) END OF SUBCONTRACTOR LISTING 00 43 36 PROPOSED SUBSTITUTION LISTING PROPOSED SUBSTITUTION LISTING TO: Augusta Richmond Procurement Department 530 Greene Street - Room 605 Augusta, GA 30911 Attention: Geri A. Sams 1. Pursuant to bidding requirements for the work entitled: ADDITIONS AND RENOVATIONS TO THE WEBSTER DETENTION CENTER The Contract Sum proposed by the undersigned on the Bid Form is for the work as shown on the drawings, described in the Specifications, and othelWise defined in the Contract Documents. However, the undersigned proposes the following substitutions for the Owner's consideration. Should the Owner accept any or all of the proposed substitutions, the bidder's proposed Contract Sum will be reduced by the amount shown: ) Specified Product or Drawings No. or Proposed Proposed Change in Material: Spec. Section: Substitution: the Contract Amount: No Substitutions $ $ $ $ $ BY: William D. McKnig PROVIDE SIGNATURE IDENTICAL TO THAT SHOWN ON THE BID FORM BIDDER: TITLE: President NOTE: See also General Conditions Section 4.14 regarding this sheet. \ ) 00 43 25 CORPORATE CERTIFICATE ) CORPORATE CERTIFICATE I, Huey E. CartH , certify that I am the Secretary of the corporation named as Contractor in the foregoing proposal; that William D. McKnight who signed said proposal on behalf of the Contractor was then President of said corporation; that said proposal was duly signed for and on behalf of said corporation by authority of its Board of Directors, and is within the scope of it corporate powers;. that said corporation is organized under the laws of the state of ~p()rE; a This 9 th day of October , 20.illL.- ) (Seal) Subscribed and Sworn before me this 9th day of October ,20 08 ~~ Notary Public My Commission Expires MY CO~SSION EXP1He:S NOVEMBER 20, 2010 ) 00 45 43 / PARTNERSHIP CERTIFICATE \ 1 *MCKNIGHT CONSTRUCTION COMPANY, INC., IS NOT A PARTNERSHIP PARTNERSHIP CERTIFICATE 8T A TE OF r,pnrgi::l COUNTY OF Richmond On this 9th day of October ,2008 , before me personally who executed the above instrument, who, being by me first duly sworn, did depose and say that he or she is a general partner in the firm of McKnight Construction Company and that said firm consists of himself or herself and and that he or she executed the forgoing instrument on behalf of said firm for the uses and purposes stated therein, and'that no one except the above named members of the firm have any financial interest whatsoever in said proposed contract. *MCKNIGHT CONSTRUCTION CO P pa7~e^ -ff) _ 1\ "IMs. WI~MCKJttH!, '~RES Partner NOT A PARTERNSHIP Partner Partner ) ~!kd Notary Public (Seal) My,Commission Expires \ MY COMMISSiON , EXPIRES NOY~BEA 20, 2010 Note: If only one partner signs, a Power 0 Attorney executed by all other partners authorizing him or her to act in the name of the company must be attached; otherwise, all partners must sign. ) 00 45 47 (Seal) NON-COLLUSION AFFIDAVIT OF CONTRACTOR "- , NON-COLLUSION AFFIDAVIT OF CONTRACTOR William n. MrKnignt (1). Heorsheis Prp~ic1pnr of McKnight Construction Company. Tnc ., the bidder that has submitted the attached Bid; (2). He or she is full informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; COUNTY OF Richmond , being first duly sworn, deposes and says that: STATE OF Georgia (3). Such Bid is genuine and is not a collusive or sham Bid; (4). Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Augusta- Richmond County, Georgia or any person interested in the proposed Contract; and ) (5). The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners e P oyees, or parties in the interest. W'll~D MI. h[) ;/jAr ~ ~am . cKn~g t f Y l Signature Subscribed and Sworn before me this 9th day of Octohpr ,200R My Commission Expires /. . MY COMMISS10N ~}(P1RES NO~~BER 20, 20' g ) 00 45 19 BidIRFPIRFQ # 08-139A SUBCONTRACTOR AFFIDA \TIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13- 10-9 I, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with MCKNIGHT CONSTRUCTION CO .on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99-603), in accordance with the applicability provisions and deadlines established in O. C. G. A 13-10-91. . E- Verify * User Identification Number 1JC)~i)MI41J1.f COA/TK~~7I1V6 Company Name I tiC. 500 or More Date: BY: Autho ]z (] Officer or Agent (Subcontr or Signature) ?tCeS I oc?-ll Title of Authorized Officer or Agent of Subcontractor --Pit TJ(.e I~ ,-!. NO.tf. Dt41..~ N N . Printed N ameof Authorized Officer or Agent SUBSCRlBED AND SWORN BEFORE ME ON THIS THE ,/1J-' r '~'I - h :1 In Kt- DAY OF U C'(;(..k. L. ,200SS Notary Public ~ My Commission Expires: MY C".QMMfSS!ON EXPIRES NOVEMBER 20, 2010 ) PLEASE RETURN WITH YOUR SUBMITTAL Please Check One; 100 or more ] 00 or less Number of Employees v'" /0/7/;0"Y ", "-,.....~ ~- .,. -- "," ,"'.... ......__.... ....v...., 't!:JVV~/VVu BidIRFPIRFQ # 08.-:139A l) SUBCONTRACTOR AFFIDAVIT . By ;;xe' utiLghis dfidavit t Ie undersigned subcontractor verifies its compliance with O,C.G.A. 13.1O~91J stating (lffim:Ltiyely that tl e individual, finn, Or corporation which is engaged in the physical performance of services under a contract with MCKNIGHT CONSTRUCTION CO .on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program'" [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([ReA), P.L. 99-603]) in accordance with the applicability provisions 2nd deadlines established in O. C. G. A 13-10-91, 393 C S51.f7 B- Verify '" User Identificati~~ NUmber vi Jel'"-5 ~ u ,I i__11-.~~ 1 BY: uhor:z,(' i Of Leer or ,\f:mt :Subcomractoi Signature) 5.cJ~> Ti~t:~ ~~~orK~dJ'~~~er ~r ~~ent of Subcontractor Printed Name of Authorized Officer or Agent SVBSCRlBED AND SWORN 500 or More Please Check One; 100 or more ~o or less Number of Employees Date 1~/o3/0g BEFOR3ME IN TillS TEE ':l..._ o <:1Slr . , 200~ ~-3- ~l Notary Publi My Commission Expires: ) 'PLEASE RETURN WITH YOUR SUBMITTAL 10/02/2008 14:32 FAX 706 863 2031 McKNIGHT ACC CONST I4J 002/003 '\ ) BidIRFPIRFQ # 08.-.139A ) SUBCONTRACTOR AFFIDAVIT , By executing this affidavit, the undersigned subcontractor verifies its compliance with Q,C. G.A. 13-10-91, stating affirmatively that the individual, firm, OJ' corporation which is engaged in the physical performance of services under a contraCt with MCKNIGHT CONSTRUCTION CO.on behalf of Augusta Richmon~ County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work. authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Refonn and Control Act of 1986 ([ReA), PoL. 99-603), in accordance with the applicability provisions and deadlines established in O. C, G. A 13.] 0-91. 136-710 & Verify * User Identification Number PeACH S-rA'IE. ~ooFIIJ(S Company Name Please Check One; 500 or More _ 100 or more ~ 100 or less Number of Employees ) I rized Officer Or Agent actor Signature) VICE Ptzf.S~be:N'- Title of Authorized Officer or Agent of Subcontractor . , ])A~lh. .S~l-t~J.'Tl Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN Da.te: 10['6 log I ' BEFORE ME ON THIS THE g DA Y OF O-=:tok:=er , 2002' NotBry Publlc ~ My Commission Expires: . . ) PLEASE RETURN WITH YOUR SUBMITTAL 10/02/2008 14:33 FAX 708 883 2031 McKNIGHT ACC CONST tal 002/003 , I BidIRFPIRFQ # 08-:139A -.') SUBCONTRACTOR AFFIDAVIT . By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affltlIlatively that the individual, finn, or corporation which is engaged in the physical performance of services under a rontract with MCKNIGHT CONSTRUCTION CO.on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program'" [any of the electronic verification of work authoriz,stion programs operated by the United States Department of Homeland Security or any equivalent federal work authorilAtion program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the lmmigration Reform and Control Act of 1986 ([RCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O. C, G. A 13-10-91. /33gL) 7 E-Verify * User Identification Number /?:JLz> --So Jt' Please Check One; 500 or More 100 or more 100 or less ~ (l..S~umber of Employees /' Date: IOJ3/0Y j r Title of Authorized Officer or Agent of SU Fe> f?e C 1- p'. lj/I/' fi!1 q!.' JI" t', '5 Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 3 R-D DAY OF OeAo~~k.- Notary p~ My Commission ,200-1' :\\\\\\\111""1111. ~~\:\~t'-.I~.?Clllllj~ ,,~ ~."~\SSloN~:11-A .::0<:) " :.rA)';I- ~ ~ _:,...f3 . ~ : :~ JUNE w.'. :: :: * : 30 : if:: ~ :,'6 2012 ~.: ~ ~~ -..<"lA !<-&.. ~ ~A_.'t/fl> .G.''',,,, ~- "-0" o'/A co (?,'i::.. ,v.:::: ~ '),.'.'"' .,..,,,.,, 'l. ,'" ..",. a.v~' '11111."RY pU"~,\\" '1111t'I/, lIn\\\\\ PLEASE REnTRN WITH YOUR SUBMITTAL 10/08/2008 14:55 FAX 708 883 2031 McKNIGHT ACC CONST ~ 002/002 BidIRFPIRFQ # 08-13QA ) \..J SUBCONTRACTOR AFfIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance witb O_C_G..A. 13-10.91, Stating affirmatively that till;: individual, firm, or corporation which is engaged in the physical perfonnance of services under a contract with MCKNIGHT CONSTRUCTION co.on behalf of Augusta Richmond County Board of Commissioners has registered with and is panicipating in a federal work authorization program'" [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security Or any cqujvalcnt federal work authorization program. opera.ted. by the United States Department of Homela.nd Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([ReA), P-L- 99-603], in accordancCl with the applicability provisions and deadlines established in O. C. G. A 13-10-9]. JH001693 E-Verify '" User Identification Number Please Check One; Dressel Electrical Contracting, Inc. Company Name 500 or More _ 100 Dr more _ 1 00 or less ~ N\Utlber of Employees '", ~~~~(\l\ ')-- BY: l'~uthorized Officer or Agent 'i .. (rvbl)C1n1r.a.ctor Signature) President ~f .Authorized Officer or Agent of SubcontractOr' Robe~t J. D~ess~l~ J~. Printed Name of Authorized Officer orAgent SUBSCRIBED AND SWORN D October 9, 2008 Slte: . BEFORE ME ON TInS THE 9th _DAY OF October Norary Public ::1ftitj .1,t.<fu.ii' "- My C,.nn.'17I1sston Exp7S: December 8, 8 , 2002. ,,- V PL.E.ASE RETURN WITH YOUR SUBMIrrAL ) i Received Oct-OS-200S 02:49pm From-70S SS3 2031 To-DRESSEL ELECTRICAL C Paie 002 BidJRFPIRFQ # 0 B - /39!J. , ~, SUBCONTRACTOR AFFIDAVIT By executing tIlls affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, . stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with /VV-IVt.f#'t ~s-/:NcHo/J. on behalf of Augusta Richmond County Board of Commissioners has registered wi and is participating in a federal work authorization progratn* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work autho.rization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L..99-603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13-10-91. . LwHI 4___153 co.ID#-!()o?a3 E-Verify * User Identification Number A/Wl.I L:lJhJd/A~~ /~ Company Name . 500 or More l ~~t/J.~ BY: Authorized Officer or Agent (Subcontractor Signature). ~~/CKO~ :me of A\lthorized Offic~r.Qr: Agent. ofS:ubcq~tractor - ~u:..{<. ~: f. Sa.ur.rh I;,L .. -.... --=- Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN DateO ok- q ) ~oooc) -~"""""\ --- \.; Cl.. \,_ ;' .L'~........o -'1-9~ '. p v~tj.. ......f t. ~~.~ .... I"') l O'1ARy -.,. \ BEFORE ME ON THIS THE ~ i~'" -.- f". i I ~ \ ~Uo~""~: ait O ~ b I'~&~ .., ~l I DA Y OF c..: f) Q r , ~;.c'~: Mar. '1.~......~~::, ~_ ~. ",- 0 r \\ n ~~~:'{;NO.CO~J' ~~ \.....X.-~ ,~\~""....- Notary Public ~ My Commission Expires: Notary pu~rlC~Rlch~l'ld County, Georgia My CommiSSion Explres March 28. 2009 g~ -' PLEASE RETURN WITH YOUR SUBMITTAL BidIRFPIRFQ # 0& -/3 fJ ~ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm, or co~oration which is engaged in the physical performance of services under a contract with MG:M/6JI-Ir c;,tI~~bj on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the immigration Reform and Control Act of 1986 ([RCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13-10-91. tJ/A E- Verify * User identification Number $K1,:U 15tp5 11lCe1<- (Jrr..k ~ Company Name Please Check One; 500 or More 100 or more 100 or less Number of Employees v ) ~. Date~c961 ,,~ BY: Authorized (Subcontractor ignature) fk6$tD6l'Jr . . Title of Authorize'& Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE Notary Pubhc My Commission DAY OF &f Is- ,2002- ~d~ N + o,ary Public C I . M ' G ' 0 umbra ~!'lt.l t1 ~ elll'1l1SSIOn &pi.",... r1 y. GeorgIe ,,~S May 10, 2000 ti/P ) PLEASE RETURN WITH YOUR SUBMITTAL ) o 1>,\JQ A Uid/JUiP/RFQ # D8-0-xx SUBCONTRACTOR AFFIDA VIT By exec.uting tJlis affidavit, the undersigned subcontractor verifie.s its C'.ompliance with O.C.G.A. 13-10-9 L stating affinnatively that the, individual, firm, or corporation which is engaged in the physical perfomlance of services uncle.r a contract with _McKn~t Construction Om. behalf of Augusta Richmond County Board of Commissioners has registered wit 1 and is participating in a federal work authorization program* [any of the electronic veriJication ofwark authori?..ation pl'Ograms operate-d by the Un.ited States Department of Homeland Security or any equivalent federal work authorization program QPcraled by the United Stales Department of Homeland Security to verify infonnation of newly hired employees, pursuant to the Immigration Refoml aJld Control Act of 1986 (fRCA). P.L. 99-603], in accordance with the applicability provisions and deadl ines establ ished in O. C. G. A 13-10-91. Applied For E-Veriry.:II User Tdentificatioll Number Please Check One; Gold Mech. Inc. Company Name 500 or MOTl:', 100 or more L_ J 00 Or" less Nwnber of Employees ) BY, L!;f,Ag~Jt (Subcontrac.tor Signature) October 2, 2008 Date: F~tim~tnr Title of Authorized Offi.cer or Agent of Subcontractor C.her~e~ I nno Primed Name of Authorized Officer or Agent SUBSCRJDED AND SWORN BEFORE ME ON THIS TH1~ 9th DA Y OF. October . 200a NOlary}>ublic ~~ My Commission Expires: March 31, 2008 --',...."" _---~ MOFi~ '\~_ - n..~ ........ ~O t "',.. .- -.... ~ ~ ..' .... Cfpt, {~/~OTAFi~ \ ~ { ~ i -.- : ~ ~~\ PUBL\C l ":t:: ,# "6 '.~ C'o...'l-.' " ' .~ ~. eft;~ -t'?r. '3'\. ~'.:. .~ . ,,,,.. ~ GO\ PLEASE RETURN WITH YOUR SUBMITTAL Bid/RFP/RFQ # 08-139A , SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with a.c.G,A. 13~10- 91. stating affirmatively that the individual. firm. or corporation which is engaged in the physical performance of services under a contract with McKnight 'Construction Co. on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equiva\entfederal wbrk authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([ReA), P.L. 99- 603], in accordance with the applicabilityprovisions and deadlines established in O. C. G. A 13-'10-91. LMUL9042 E- Verify" User Identification Number Please Check One SOOor More 100 or more L 100 or less Number'of Employees } H.A. Sack Co., Inc. Company Name ~U~ 7L tOJ . . : Authorized Officer or Agent (Contractor Signature) Vt U rJuiLclt Ylt Title of Authorized Officer or Agent of Contractor StEve J)edJ Printed Name of Authorized Officer or Agent Dafu: October 2, 2008 if Vendor with 100 employees or more - must have an E-Verify" User Identification Number if Vendor with less than 100 employees - check 1 00 or less box, fill out the form and relurn with your submittal. (Georgia Law requires you to havean EcVenfy'User Identification Number on oratter July 1, 2009.) Notary Public My Commissio ires: fl) '7 '? / (J -"""",",,,,,.^,,,," "'--L- _ ,... .) -- 1t"':-......~,,;O"''''>\-.l-''..looi-<!'''; ,,~,;')-'... -- , G... .~.;~'.:;.i~~~"j..:.;~..'~~'.l . . en: 0" f2.l:;~,. <. .': ~" . . (j' 1/':1- ..., '....;.~ ,: ~~. <;) -l;.t:';/~' i' . - ~: a ~,-::~~~'). (~~A.~" . "'. ~' :.;..; V~ t~;.>; c... \ '.: ...... D.& 'l{}t,", i./ "" . ." (.}t:.i:f "'\':il'.? ,(';4" _<'.,J '-, g ~..,' ....,.,('..;,.. ''':.: ..~+..:/c!:~:~~ MUST BE RETURNED WITH YOUR SUBMITTAL Bid 09-005 Emergency Ge!1€fator Service Contraci Specs . Page 24 of 29 10/02/2008 15:24 FAX 708 883 2031 McKNIGHT ACC CONST ~ 002/003 " , , BidfRFPIRFQ # 08:-:139A .-) SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with MCKNIGHT CONSTRUCTION CO .on behalf of Augusta Richmond County Board of Commissioners bas registered with and is participating in a federal work authorization program 'I< [any of the electronic ve~ification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Refonn and Control Act of 1986 ([RCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O. C. G. A ] 3-1 0-91. #~ E- Veri * User Identification Number Please Check One; 500 or More _100 or more ~ 100 or less ~ Number of Employees IS I 7:>elo-rhCi1 (}y,fqL-hl'ta ~ Company Name ) ) '-~:f ~~~ BY: Authorized Officer or Agent (Subcontractor Signature) \ , ,e/..t ~ Title of Authorized Officer or Agent of ubcontractor D:ae: ~/7/dY' Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 71l. DA Y OF 0<....~ r ,200~ Notary PubliC~ ~ My Commission Expires: ~ ( 23 /~l).... X\\\\I\IUnmmltl" /\\\\~...~!~~.~;~{' J .... ~OTAI,>~'""" '%. ~ ... ~ ..,".7 % ~ :);! c::.:~% ~o: ;:ri ",,:o~ % r: :,~: .' /""> . -:"1 .... ~. ~-' . I ,~ ~;j 12' ',:-:/". "kI1111" ..~".,. ,'llilIlJIUJlII\\'\'I,< ) PLEASE RETURN WITH YOUR SUBMITTAL "'>:;. . Bid/RFP/RFQ # rl~ ,rYiA .1 SUBCONTR..c\CTOR i\Fr'TDAVIT ~ -\-\=I - \ L\ :( D Please Check: One; By executing this affidavit, the undersigned subcontractor verifie.s its compliance with O.C.G.A. 13-10-91, stating affim1atively thar the individual, firm, or corporation which is engaged in the physical pertom1ance of services under a contrad with '(\A('~,",,'\~-+ .. . on behalf of Augusta Richrilond County Board of Commissioners has registered with an is participating in a federal \vork authorizatIOn program* [any of the electronic verification of "Jork authorization pro.grams operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify info\111ation of newly hired employees, pursuant to the Immigration Ref 0\111 and Control Act of 1986 ([ReA), P.L. 99-603], in accordance \'lith the applicability provisions and deadlines established in O. C. G. A 13-10-91. E-Verify * User Identification Number '( Q..N h..L :r oJ \ 'bU\ ~d ; I\.A ~ . Company Name J 500 or More _~ 100 or more _ 100 or less _19_. Number of Employees ) \0 ~ 1- 2...006 Date: BY: lthorized Of Ler or Agent (Su ',ntractor Signature) ~re~\d~+. Title of Authori~d Oft1cer or Agent of Subcontractor 'tfO~k . r CJ.A..>L ~I 'fb \:r e.r -1TI- Printed Name, of Authorized Officer or Agent SUBSCRIBED AND SWORN (;i~::~;~ \~,c.'oI ,~ . .~"'..< ..........~I!...,../ OFFICIAL SEAL DIANE PETRUCCIANI NOT/I.RY PUBLIC INDIANA 1ESiC'cic'r 0c.!AR:ON COUNTY ;:y . .";~ES' APRIL 24, 2009 BEFORE ME ON THIS THE I DA Y OF OC+u~ , 200(2) NotaryPublic ("-~L~ My Commission Expires: ~ - '2..4 - 2.00') ) PLEASE RETURN W'ITH YOUR SUBMITTAL ., 13 id!RFP/RFQ # 0 ~ -' I ~R A__ SUBCONTR.;\CTOR i\FF1DAVrr By exec.uting this affidavit, the undersigned subcontractor verifies its complianc.e with O.C.O./\. 13-10-91, stating affirmatively that the individual, finn, or CO~'1tion \\. 'hieh is engaged in the physieal perfollllance of services under a contraet with r \ ~+ N stan behalf of Augusta Richmond County BOilrd of Commissioners bas registered \\.' and is participating in a federal work authori:J.ation program'" [any of' the electronic verification CJf work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authoriz.ation program operated by the United States Department (jf Homeland Security to verify infonnatiol1 of newly hired employees, pursuant to the Immigration Ref 01111 and Control Ad of 1986 ([RCA), P.L. 99-603J, in accordance. v>lith the applicability provisions and deadlines established in O. C. G. A 13-10-91. g ~ ~ 4-9 Please Check. One: E- Verify'" User Identitication Number 41 - ( ,.-; J. 11 -.J.., J.. C - 500 or More 100 or mOre X 100 or Ic:ss (ICY) t::: -evlnG LDtJ1rf[(.JI1Jj DJNC- --- Number of Ernp-ioyees ----.-. Company Name ) -m,Lc.~ BY: Authorized Officer or Agent - (Subcontractor Signature) V \ c.- e.- . Pr e SId e t--.:l + Title of Authorized t fIker or AgcQt of Subcontractor . . ~bq:rd Date: 10- CJ- og Printed Name. of Authorized Officer or Agcnt SUBSCRIBED AND SWORN BEFORE ME ON THJS THE q DA Y OF Dd- 0 b e .,- ,200-.8. Notary Public ~~a~~~Orgb My Commission Expires: My Commission Expires Apn12. 2011 . f PLEASE RETURN WITH YOUR SUBMITTAL \ j STATEMENT OF NON-DISCRIMINATION The undersigned understands that it is the policy of Augusta-Richmond County to promote full and equal business opportunity for all persons doing business with Augusta- Richmond County. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maxImum practicable participation of local small businesses on the bid or contract awarded by Augusta- Richmond County. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor/supplier utilization. The undersIgned further covenants and agrees not to engage in discriminatory conduct of ) any type against local small businesses, in confonnity witb Augusta-Richmond County's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding/contracting entity with the r uth0' y to bind the entity. LJifLi JJ - I i '. Signature of Attesting Party William D. McKnight, President, McKnight Construction Company, Inc. Title of Attesting Party Subscribed and sworn to before me this 9th day ofOctober ,2008. ~-~ Notary Public "y COM SEAL It'f MISSION EXPIRES NOVEMBER 20 My commission expires: ,2010 ) , \ J ~ G o ~ Q., ~ ~ r-o ~ o A. :l.. o ) ~ ~ c::: o ""'" '"" V -< '- VJ , gjCI:JZ ~~8 ;gOr::::: CQ(.l:..~ ,.J .c.. _ ..J~....:J ;::;::t:~ ~E-<~ CI:J_;:J ~-<fZJ u~~ OClc:::: ~OO ><OE- r-oOu g ~ U E- el Z Z 0 o U ~ ~ i:l ~ ~ r/) I -<'t, r-o u:J ;::, U ~ ~ ) >., ~ .:;j Ul Ul a.l () a) t: Ul c;:: Ul ~ cv ...c::: Ul -a t:: o ...... ;.a '"d (';j Q) Ul :) ... ... ~ Q U .... o ~ '" (l) ~ o :l..z o ~ .Q:l Q u:J .- ~~ J." U-:;; ~ .- ~ ~ 0:: ....: u cv "0' a Ul ~ co .S '"d id co <l) ..... '""0 cv ~ C o c..l cv ~ cv ~ c; e--. E ~ cr.; ~. -; ..~ ... :l ,3::0 .:.:: J." o ~] ~] '" 0 5-Vl ... u:J (';j :S Ul .~ -a p., ;:l Ul ..... o CIl ~ o ... g ..... ";:; o U ..0 ::l i:/) '" --- I "0 ~ ^. 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SI! .... r/1 0.; m V") en 00 ...J 00 '" 1: . 0- -,r Ql -<<: E '- ..c: :z u <: ~ c: ~ ~ 'I, 1 A ~ ~ CONFLICT OF INTEREST: It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract when the employee or official knows that: ' (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other City of Augusta employee has a fmancial interest is authorized as per a.c.G.A. 36-1-14, or the procurement contract is awarded pursuant to a.c.G.A. 45-10-22 and 45-1 0-24, or the transaction . is excepted from said restrictions by a.c.G.A. 45-10-25; (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or officials immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of an employee's or official immediate family who holds a substantial interest or fmancial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or fmancial interest. William D. McKnight, President I, (vendor) McKnight Construction Company, Inc. have read and understand the information ) contained in the bid specifications. Vendor Name: McKnight Construction Company, Inc. Address: 635 NW Frontage Rd. City & State: Augusta, GA 30907 Signature: Date: October 9, 2008 Fax # (706)863-2031 Re-Bid Item Number and Name: Renovations to Webster Detention Center, #08-139A THIS FORM MUST BE SUBMITTED WITH RE-BID PACKAGE. NO EXCEPTION(S) WILL BE GRANTED ) ) CONSTRUCTION PROGRAM MANAGER: Heery International, Inc. 501 Greene Street, Suite 313 Augusta, GA 30901 Attn: Bob Munger Phone Number: (706) 842-5543 Facsimile Number: (706) 821-2484 OWNER~CONTRACTOR AGREEMENT FORM ARCHITECT: KSGW 2500 Northwinds Parkway Suite 250 Alpharetta, GA 30004 Attn: Gregory Washington 770.619.5913 770.619.5919 - Fax USING AGENCY: Richmond County Sheriff's Office 401 Walton Way Augusta, GA 30911 Attn: Chief Charles Toole . Phone Number: (706) 821-1083 Facsimile Number: (706) 821-1106 6. Scope of the Work: The Contractor shall furnish all equipment, materials and labor to perform all of the Work and do all things required by the Contract Documents. Specific ) Work tasks include: a. Within 14 calendar days of executed Agreement, submit General Work Plan to Owner's Project Manager, including scheduled completion of all major tasks. b. Prepare a Safety Plan and submit to Owner's Project Manager, within 14' days of executed Agreement. Plan should include emergency response procedures, discussion of potential hazards, etc. c. Attend Pre-Construction Conference with Owner Representatives. d. Obtain and pay for all required permits, taking into account all applicable laws and regulations. e. Erect new inmate housing pods, medical/mental health facility, video visitation facility and appurtenances, as required by the Contract Documents. f. Modify and renovate existing detention facilities, including but not limited to housing pods, kitchen and laundry facilities, as required by the Contract Documents. g. Install high-security fencing, and appurtenances and accessories, surrounding the detention center, as indicated by the Contact Documents ) All salvageable materials will become the property of the Contractor, unless specifically 00 52 00-2 ) ) } OWNERwCONTRACTOR AGREEMENT FORM 16. No Assignment: This Contract and the proceeds of this Contract may not be assigned or sublet as a whole, nor may the performance thereunder be assigned, without the prior written consent of the Owner. 17. No Waiver: The failure of the Owner at any time to require performance by the Contractor of any provision hereof, shall in no way affect the right of the Owner thereafter to enforce any provision or any part of the Contract, nor shall the failure of the Owner to enforce any breach of any provision hereof to be taken or held to be a waiver of such provision, or as a waiver, modification or rescission of the Contract itself. 18. Full Agreement: The Contract Documents superseded all prior negotiations, discussion, statements and agreements between the Owner and Contractor and constitute the full, complete, and entire agreement between Owner and Contractor. There can be no changes to this Contract by oral means, nor by course of conduct of the parties, nor by custom of the trade. No changes to this Contract will be binding on either party hereto unless such change is properly authorized, in writing, in accordance with Article GC-12 of the General Conditions. 00 52 00-4 INSURANCE AND BONDING ) INSURANCE AND BONDING The Contractor shall procure at his own expense the insurance coverage listed below, and shall furnish the Owner an insurance certificate listing the Owner as the certificate holder, and, along with the Owner's Representative, an additional insured. Current certificates documenting requir~~.?~~,~~'~~,~~",,2'hall be submi~ted to the Ow~er's Representa.tive, ~Jb.LQJJ9PJj;l;f!l>~Q~,~Erd~.y'$:~i~; 9f'~,9tH)e\tb';RroceeCl. All required Insurance certificates must provide the follOWing: a. Name, address and telephone number of authorized agent b. Name and address of insured. c. Name of insurance company(ies) d. Description of policies e. Policy number(s) f. Policy period(s) g. Limits of liability h. Name and address of Owner as certificate holder i. Project name and number j. Signature of authorized agent . k. Mandatory thirty day notice of cancellation or non-renewal (except ten days for non payment) ) Each of the insurance coverages required below (i.) shall be issued by a company licensed by the Georgia Insurance Commissioner to transact the' business of insurance in the State of Georgia for the applicable line of insurance, and (ii) shall be an insurer for, for qualified self- insureds or group self insureds, a specific excess insurer providing statutory limits with a Best Policyholder's Rating of "A_" or better. The insurance company(ies) agree that the policy shall not be cancelled, changed, allowed to lapse or allowed to expire until thirty days after the Owner has received written notice thereof. The policy shall not be subject to invalidation as to any insured by reason'of any act or omission of another insured or any of its officers, agents or representatives. All deductibles shall be paid for by the Contractor. The minimum required coverages and liability limits are as follows: Commecial General Liabilitv Insurance: The Contractor shall provide Commercial General LIability Insurance (2001 ISO Occurrence Form or equivalent) that shall include, but not be limited to, coverage for bodily injury and property damage arising from premises and operations liability, products and completed operations liability, blasting and explosives, collapse of structures, underground damage, personal injury liability and contractual liability. The CGL policy must include separate aggregate. limits per Project and shall provide at a minimum the following limits: ) Coverage Limit 00 61 00-1 INSURANCE AND BONDING ) Payment Bond in accordance with the following. No material deviation from this language will be accepted. These documents must be filled out completely and notarized with appropriate power of attorney form attached. The bonding company must appear on the Federal Register of' approved companies, and the company must be licensed to do business in Georgia as approved by the State Insurance Commissioner's Office. ) ) 00 61 00-3 ) ) ) PERFORMANCE BOND If the Contractor is in default of the Construction Contract and the Owner, by written notice to the . Contractor and the Surety, declares the Contractor to be in default and terminates the right of the Contractor to proceed, the Surety shall thereupon promptly notify the Owner in writing as to which of the actions permitted to the Surety in Paragraph 3 it will take. 3. Upon default and termination of the Contractor and notice to the Contractor and Surety as provided in Paragraph 2 above, the Surety shall, within 30 days, proceed to take one or, at its option, more than one of the following courses of action: (A) Proceed itself, or through others acting on its behalf, to complete full performance of the Construction Contract Including, without limitation, correction of defective and nonconforming work performed by or on behalf of the Contractor. During such performance by the Surety, the Owner shall pay the Surety from its own funds only such sums as would have been due and payable to the Contractor in the absence of the default and termination. (8) Applicable law permitting, and with the prior written consent of the Owner, obtain bids or proposals from contractors previously identified as being acceptable to the Owner. for full performance of the Construction Contract. The Surety shall furnish the Owner a copy of such bids or proposals upon receipt of same. The Surety shall promptly select, with the agreement of the Owner, the best responsive bid or proposal and shall promptly tender the contractor submitting it, together with a contract for fulfillment and completion of the Construction Contract executed by the completing contractor, to the Owner for the Owner's execution. Upon execution by the Owner of the contract for fulfillment and completion of the Construction Contract, the completing contractor shall furnish to the Owner a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the Owner for the Project by the Contractor. Each such bond shall be in the penal sum of the (1) fixed price for completion, (2) guaranteed maximum price for completion, or (3) estimated price for completion, whichever is applicable. The Owner shall pay the completing contractor from its own funds only such sums as would have been due and payable to the Contractor under the Construction Contract as and when they would have been due and payable to the Contractor in the absence of the default and termination. To the extent that the Owner is obligated to pay the completing contractor sums which would 00 61 13-2 [Typed Name] [Seal] PERFORMANCE BOND ) 8. Any and all notices to the Surety, the Contractor or the Owner shall be given by Certified Mail, Return Receipt Requested, to the address set forth for each party below: Surety: Attn: Contractor: Attn: Owner: Augusta, Georgia, a political subdivision of the State of Georgia, Acting by and through the Augusta Richmond County Commission. 530 Greene Street Room 806 Augusta, Georgia 30911 9. Any statutory limitation. which may be contractually superseded, to the contrary notwithstanding, ) any action hereon may be instituted so long as the applicable statute of limitations governing the Construction Contract has not run or expired. CONTRACTOR: SURETY: [Typed Name] [Seal] By: [Signature] By: [Signature] [Printed Name, Title and Address] {Printed Name, Title and Address] ) 00 61 13-4 PAYMENT BOND ) of the work on the Project before the expiration of a period of ninety (90) days after the day on which the last of the labor was done or performed by such person or the material or equipment or machinery was furnished or supplied by such person for which such claim is made, or when he or she has completed his or her subcontract for which claim is made, shall have the right to bring an action on this Payment Bond for the amount, or the balance thereof. unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due such person; provided, however, that: (A) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the Contractor where the Contractor has not complied with the notice of commencement requirements in accordance with Code Section 36-91-92, Official Code of Georgia Annotated, shall have the right of action upon this Payment Bond upon giving written notice to the Contractor within ninety (90) days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done; provided, however, that: (i) the Contractor's failure to supply a copy of the notice of commencement within ten calendar days of receipt of a written request from a subcontractor, materialman or person shall render the provisions of this paragraph 3(A) inapplicable to such subcontractor, materialman or person, and (ii) the Contractor's failure to file a notice of commencement shall render the notice to contractor requirements of this paragraph 3(A) inapplicable: (B) Any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the Contractor where the Contractor has complied with the notice of commencement requirements in accordance with subsection (a) of Code Section 36-91-92, Official Code of Georgia Annotated, shall have the right of action on this Payment Bond provided such person shall, within thirty (30) days from the filing of the notice of commencement or thirty (30) days. following the first delivery of labor, material, machinery or equipment, whichever is later, give to the Contractor a written notice setting forth: ) (i) The name, address and telephone number of the person providing labor, material, machinery or equipment; (ii) The name and address of each person at whose instance the labor, material, machinery or equipment is being furnished; (iii) The name and the location of the Project; and (iv) A description of the labor, material, machinery or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery or equipment to be provided or the amount claimed to be due, if any; and (C) Nothing contained in this Payment Bond shall limit the right of action of a Beneficiary to the ninety (90) day period referenced in paragraph 3(A) above. The notice required under paragraph 3(A) of this Payment Bond may be served by registered or certified mail, postage prepaid, or statutory overnight delivery, duly addressed to the Contractor, at any place at which the Contractor maintains an office or conducts his or her business or at his or her residence, by depositing such notice in any post office or branch post office or any letter box under the control of the United States Postal Service; alternatively, notice may be served in any manner in which the sheriffs of the State of Georgia are authorized by law to serve summons or process. Every action instituted on this Payment Bond shall be brought in the name of the Beneficiary, without the Owner being made a party thereto. . ) 4. 00 61 14-2 [Typed Name] [SEAL] (SEAL] PAYMENT BOND ') Notwithstanding any provision herein that may be to the contrary, this Payment Bond is intended to be a statutory payment bond under applicable laws of the State of Georgia and shall be so construed. CONTRACTOR: SURETY: [Typed Name] By: [Signature] By: [Signature] [Printed Name. Title and Address] [Printed Name. Title and Address] ) ) 00 61 14-4 j,L,~ i&.~ ~.,_,__ ... J7 . ~itlil~ t .~I!::~lj.. ..l.!!...' \i~i!I:... r .. _.!.~ ::r~. - - ~'-W_I :::VA. _.7 'Fl~Wllnnrl.JA"~..;r. ~'__1i'\[;}lln~- - -.- 'if ii-~"!iJX "li!l , ~ 11.--:-.... ) .....'-."---" _':1 '.' ." - .. - ~ i~ .!\... _~!fii !~,..J~ ...~:m--MH-."li!i~nf~f'JI: ,. Iii&~~~. r= 1ij ~ ~- ., - ~ - ~ . , "'.. .. ' -. , '.-~'~-1i:~~"~'~ -- '. . · . ,[l(~.. n..".... '.. . _ ......r.... '- ,...<<"._.~_..,,".~.. .. _ .......IIIJ_...~_ ,tIfIft~ . ) ~..~~\a_.~. ~" ''', ~ ~j~ '. !!l p.! ~'~:p~.~ .. ~'-r- 111 IR: ""ffi j~ 11. -. .. ~""_--'--""~lllj' I;i.T'~-~~"'~~S"'-'1i "~ ''It,'iiiIf-''IlIl1''\'ir''T''~ili:-" ~'ifi''''''l~.::.,~",~~~:(:1'e~*-"I~~ ~ltl,_-=-=-~::~r~}.t':"eny..,.."_"...,..,,",,"~~..-=-......i,,:t,:.,-_~,...~,,..,......_=,_~~.,~.~J...mJ.i.' ,~_~~,_._.4. .. . .___l'~ ,.~i;,,_~. -~. ,~~~_.. .M .____.~.J!ii!.I€lJi!1-~JI1~.~~I.I. ~ !;If~",::~~~~~~~ ~~~__h~JfM:~M~@!!.'$al1'liZ..U~4iroi:r~Il\~wr,M.ioJiiL.,.lI...>._ ,.~~..rn_._~_'".,i<,,5.6..,1J~ iifi....-.= ~~&f.~'I -. ~7~:- "~~"':.:.r~~~;;" "N-~~~'~~"'l'J~~~"''''''-' -<-~'<.-"l'!~~J!~:~~'~"~~~~~":-:;:~@;~:~t~r.It[~,Jn.~t~t~k~~~~YM'~"';.( rf'r~r:lIn - n- rl Tn! 1 'PI' if" -IiHM" ~r.s" 'il II-ro_ ~715 " .- ilL' 1f~ . r~.~~~~1:~.'5H! ~ - ----~~(' "%1l;% ~.~ L.l-<-"i'~~IIlti+_k~ ,~ -ii~=-~nttia.,1\I''tiii'"'''''''r~~'---':'';:~'l ) ..~ . , . ) GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ) HI/201/LF ) GENERAL CONDITIONS ) ARTICLE 5 SUBCONTRACTORS 5.1 5.2 DEFIN ITIONS. .... .... ......... ............. ............................................................... ........ .45 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR FOR PORTIONS OF THE WORK.........................................................................45 SUBCONTRACT RELATIONS...... ............................................. ........................ ..47 QUALIFICATION SUBMITTALS.......................... .................. .... .......................... 48 PREPARATORY WORK ......................... .......... ............ ............. ......................... .48 PAYMENTS TO SUBCONTRACTORS ............................... ................................49 5.3 5.4 5.5 5.6 ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS .6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS................. ....... ........ ........................ .......... ...... ...........49 6.2 MUTUAL RESPONSiBILITy.................... ............................ ..................... ...... ... ..49 6.3 OWNER'S RIGHT TO PERFORM DISPUTED WORK........................................51 6.4 COORDINATION OF THE WORK.......................................................................52 ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 7.2 7.3 7.4 7.5 ) 7.6 7.7 7.8 7.9 ARTICLE 8 TIME GOVERNING LAW....... .........:..... ........ ... ................. ............................. ................ 54 SUCCESSORS AND ASSiGNS.... ......... ........ ... ............ ..... ..................................54 PERSONAL INJURY AND PERSONAL AND REAL PROPERTY DAMAGE CLAIMS ....... .... ................. ............ .................... ................. .............. .... 54 PERFORMANCE BOND, LABOR AND MATERIAL PAYMENT BOND AND MAINTENANCE BOND... ...... ...... ........................... .......................... 54 RIGHTS AND REMEDIES ............... ............ .............................. ..........................55 ATTORNEY'S FEES AND OTHER EXPENSES .................................................56 NOTiCE....... ......... ........................................... ... .... .................:............................56 DISPUTE RESOLUTION... .............................................. ... ................. ... ....... ...... 57 ORGANIZED LABOR AGREEMENTS ................................................................58 8.1 DEFIN ITIONS.......... .................................................. ......... ........ .......................... 59 8.2 PROGRESS AND COMPLETION............... .......................... .............................. .59 8.3 DELAYS AND EXTENSIONS OF TIME...............................................................60 8.4 LIQUIDATED DAMAGES FOR DELAY ...............................................................64 ARTICLE 9 PAYMENTS AND COMPLETION 9.1 DEFINITION ..... ..................... .............. ............................. ....... ....... ..... .... .............65 9.2 VALUES OF CONSTRUCTION ACTIVITIES ...............................:......................65 9.3 APPLICATIONS FOR PAYMENT.. .........;... ............................. ...... ........... ...........65 9.4 CERTIFICATES FOR PAYMENT ........................................................................66 9.5 PROGRESS PAYMENTS ..... .................... ..................... ...... ................... .............67 9.6 PAYMENTS WITHHELD ................ ....... ...................................... ..... ...... ..............68 9.7 FAILURE OF PAYMENT ........ .............. ...................................... ..... .......... ........... 69 9.8 PARTIAL UTILIZATION AND OCCUPANCY BY OWNER..................................70 9.9 SUBSTANTIAL COMPLETION ........ ......... .................................... .... ............ ....... 70 9.10 FINAL COMPLETION AND FINAL PAYMENT ....................................................71 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY ) 10.1 RESPONSIBILITY FOR SAFETY AND HEALTH ................................................73 10.2 SAFETY OF PERSONS AND PROPERTY .........................................................74 General Conditions of the Contract for Construction 00 72 00-TOC-2 ) 1.1 1 .1 .1 1.1.2 1.1.3 ) 1.1.4 1.1.5 1.1.6 1.1.7 ) GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 CONTRACT DOCUMENTS 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: Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change any part of the Bidding Documents or of the Contract Documents. AGREEMENT: The written agreement between Owner and Contractor (also referred to as the Owner-Contractor Agreement) covering the Work to be performed. APPLICATION FOR PAYMENT: The document used by Contractor in requesting progress or final payments including such supporting documentation as is required by the Contract Documents. AS SHOWN, AS INDICATED, AS DETAILED: These words, and words of like implication, refer to information contained in the Contract Documents which describes the Work. unless explicitly stated otherwise. BID: A complete and properly executed Bid Form and supporting data, conforming to and complying with all of the requirements of the form as well as the requirements of the Instruction For Bidders, Supplemental Instructions to Bidders and the proposed Contract Documents, whereby a Bidder proposes to do the Work or designated portion thereof for the sums stipulated therein. The word "Bid" may also, in context, mean a "Proposal" as defined herein. BIDDER: Any person. individual, company, corporation, partnership, joint venture or other entity who submits a bid to the Owner for the Work, as distinct from a sub-bidder who submits a bid to a Bidder. BIDDING DOCUMENTS: The Invitation to Bid, Instructions to Bidders, Sample Forms, Proposal, the Bid Bond, the Provisional Preliminary Network, all Conditions of the Contract. Specifications, Drawings, and Addenda issued prior to receipt of bids by Owner. General Conditions of the Contract for Construction 00 72 00-1 GENERAL CONDITIONS ) 1.1.14 1.1.15 1.1.16 ) 1.1.17 1.1.17.1 1.1.17.2 1.1.18 ) The moneys payable by Owner to Contractor pursuant to the Contract Qocuments. CONTRACT TIME: The number of days or period of time allotted in the Contract Documents for Final Completion of the Work, including authorized adjustments thereto. CONTRACTOR: The Contractor is the person or organization identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Contractor" means the Contractor or his authorized representatives, who have authority to bind the Contractor in all matters pertinent to this Contract and any Subcontractor, Sub-Subcontractor or Supplier with whom Contractor has a contract for the performance of any portion of the Work. DEFECTIVE: An adjective, which, when modifying the word 'Work", refers to Work that is unsatisfactory, faulty, deficient, does not conform to the Contract Documents, does not meet the requirements of the Owner's or any other required inspection, referenced standard, test, or approval referred to in the Contract Documents, or has been damaged prior to Construction Program Manager's recommendation of final payment (unless responsibility for tl)e protection thereof has been assumed by Owner at Substantial Completion in accordance with Article 9 hereof). DESIGN CONSULTANT: The ,terms "Design Consultant", "AlE", "Architect", or "Engineer" as used or set forth in the Contract Documents shall mean the entity and their consulting firms or agencies, their employees and sub-consultants, or their duly authorized representatives, that are responsible for designing or engineering the Work, and performing the activities specified herein, as identified in the Agreement, including any consulting engineers or subcontractors to said entities or firms. Such firms or agencies and their representatives shall act jointly and severally within the scope of the particular duties entrusted to them, unless otherwise provided for in the Contract. The Design Consultant is identified in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The Design Consultant is further described throughout this document, and shall mean, one or both of the following: ARCHITECT: A person or other legal entity lawfully licensed to practice architecture in the state wherein the Project is located and engaged by Owner or Engineer for the Project. ENGINEER: A person or other legal entity lawfully licensed to practice engineering in the state wherein the Project is located and engaged by Owner or Architect for the Project. DAY, DATE: Whenever the word "day" is used in the Contract Documents, it shall mean a calendar day unless otherwise specifically provided. All dates set forth in the Contract Documents General Conditions of the Contract for Construction 00 72 00-3 GENERAL CONDITIONS ') 1.1.27 1.1.28 1.1.29 1.1.30 ) 1.1.31 1.1.32 1.1.33 1.1.34 .J l MATERIAL SUPPLIER, SUPPLIER, VENDOR: Any person or entity who supplies, but who is not responsible for the installation of materials, products or equipment for the Work. NOTICE: The word "Notice" as used in the Contract Documents shall mean and require written Notice. There is a presumption that written Notice was received by the party to whom it was sent, when same was delivered to or at the last known business address of the person, firm or corporation for whom the Notice is intended, or to his duly authorized agent, representative or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mailbox. NOTICE OF AWARD: The written Notice by Owner or Construction Program Manager to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. NOTICE TO PROCEED: A written Notice given by Owner or Construction Program Manager to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform Contractor's obligations under the Contract Documents. A Notice to Proceed may be issued separately for the commencement of portions of the Work. OWNER: The Owner is the person or entity identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Owner" means the Owner or his authorized representative or agent. PARTIAL UTILIZATION: Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. PLANS OR DRAWINGS: All drawings or reproduction of drawings pertaining to the Work, which are part of the Contract Documents. PRODUCT: Purchased items, articles, devices or fixtures for incorporation into the Work, regardless of whether specifically purchased for the Project or taken from Contractor's stock of previously purchased Products. The term also includes "materials," which are defined as Products which must be substantially cut, shaped, worked, mixed, finished, refined, or otherwise fabricated, processed, installed, or applied to form units of work. The term also includes "equipment," which is defined as Products with operational parts, regardless of . whether motorized or manually operated, and particularly including products with service connections (wiring, piping, etc.). The term "Product" is also extended to include, without General Conditions of the Contract for Construction 00 72 00-5 GENERAL CONDITIONS ) 1 .1 .44 1 . 1 .45 1. 1 .46 ) 1.1.47 1 .1 .48 1.1.49 ) Those portions of the Contract Documents consisting of written technical descriptions, provisions or requirements pertaining to the materials and workmanship applicable to the Work to be performed under the Contract Documents, including, but not limited to, the quantities or quality of materials, equipment, construction systems or applications. SPECIFIC DATES: Specific Dates are dates set forth in the Contract Documents, in addition to the Notice to Proceed and Contract Time, by which Contractor agrees to complete parts, portions, systems, components of the Work or the Work itself. Specific Dates are the last acceptable dates for the Substantial Completion of the stated items or portions of the Work. SUBCONTRACTOR: A Subcontractor is a person or entity who has a contract directly with the Contractor to perform any portion of the Work. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative (and, by definition, any Sub-Subcontractor or Supplier with whom a Subcontractor has a contract to perform any portion of the Work). The term "Subcontractor" does not include any separate contractor (or his subcontractors) not in direct contract with Contractor. SUB-SUBCONTRACTOR: A Sub-Subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform any portion of the Work and includes, by definition, any Supplier or Subcontractor with whom Sub-Subcontractor has a contract to perform any portion of the Work. The term "Sub-Subcontractor" is referred to throughout the Contract Documents as if Singular in number and masculine in gender and means a Sub-Subcontractor or an authorized representativethereof. SUBSTANTIAL COMPLETION: The progression of the Work (or a specified part thereof) to the point where, in the opinion of Construction Program Manager, Design Consultant and Owner, it is complete (except for minor punch list items) in accordance with the Contract Documents, so that the Work (or specified part) can be fully utilized for the purposes for which it is intended. . with all of the Project's parts and systems operable as required by the Contract Documents. The terms "substantially complete" and "substantially completed", as applied to any portion or the whole of the Work, refer to Substantial Completion thereof. SUBSTITUTIONS: Products or forms or types of construction which are not identified on DraWings or in Specifications as acceptable and which have been proposed by Contractor to replace specified Products or forms or types of construction. Any Changes made in Contract Documents as a result of requests made by Design Consultant or Owner are not within the definition of "Substitutions". SUPPLEMENTARY CONDITIONS, SPECIAL CONDITIONS: Those parts of the Contract Documents which amend or supplement these General Conditions and other requirements of the Contract Documents. General Conditions of the Contract for Construction 00 72 00-7 '\ l 1.2.4.2 ) 1.2.5 1.2.6 ) GENERAL CONDITIONS Anything shown on the drawings and not mentioned in the specifications, or mentioned in the specifications and not shown on the drawings, shall have the same effect as if shown or mentioned respectively in both. Any work shown on one drawing shall be construed to be shown in all drawings, and Contractor will coordinate the Work and the drawings. .1 Before making his proposal or bid to the Owner, and continuously after signing the Agreement, the Contractor shall carefully study and compare the Contract Documents and shall at once report to the Owner through the Construction Program Manager any error, inconsistency, omission, ambiguity, discrepancy, conflict or variance he may discover, including any requirement which may be contrary to any law, code, ordinance, rule, regulation or order of any public authority being applicable to the performance of the Work. By submitting his proposal or bid for the Work hereunder, Contractor agrees that the Contract Documents appear accurate, consistent, and complete insofar as can reasonably be determined. .2 If any portion of the Contract Documents shall be in conflict with any other portion after the application of the rules of interpretation set forth in this Paragraph 1.2, the various documents comprising the Contract Documents shall govern in, the order of precedence as herein set forth according to their latest date of execution: written interpretation or clarification by the Design Consultant issued pursuant to Subparagraph 2.2.6 or by the Construction Program Manager pursuant to Subparagraph 3.3.14; Change Orders; written amendment to the Owner-Contractor Agreement; the Owner-Contractor Agreement; Addenda; Special Conditions; Supplementary Conditions; General Conditions. The Specifications take precedence over Drawings for the specific type or quality of materials or the quality of installation; the Drawings take precedence over the Specifications with regard to quantities, locations or detail of installation; as between schedules and general notes given on Drawings, the general notes shall take precedence; as between general notes given on the Drawings and specific, . detailed notes, the latter shall take precedence; as between large-scale Drawings and small-scale Drawings, the larger scale shall take precedence. Specifications having greater detail or specificity take priority over specifications of lesser detail or specifiCity; and details take precedence over general drawings. Contractor agrees that he is not entitled to and will not submit any request for any claim, cause of action or time extension relating to any alleged error, inconsistency, omission, ambiguity, discrepancy, conflict or variance that is resolved by the application of the foregoing order of precedence of the Contract Documents; Contractor hereby waives any such claims or causes of action, and covenants not to sue and to indemnify and hold Owne'r, the Construction Program Manager and the Design Consultant harmless with regard to any such claim. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings unless otherwise specifically defined herein. The table of contents, Iilles,headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit, interpret or modify the interpretation of the provisions to which they refer. Reference in the Contract Documents to standard or published specifications or manuals of any manufacturer, society, organization, association, or to any code or other publiShed standard, or to the laws or regulations of any governmental authority, whether such reference be specific, by implication or by operation of law, shall mean the latest standard specification, manual, code, or laws or regulations in effect at the time of opening of Bids (or, on the effective Date of the Agreement if there were no bids), except as may be otherwise specifically stated in the Contract Documents. Contractor, if requested, shall General Conditions of the Contract for Construction 00 72 00-9 GENERAL CONDITIONS ~\ J may arise relating to Contractor's performance of the Work under this Contact; and that it is the intent of this Contract that all such matters be resolved between Contractor and Owner (or between Contractor and any separate contractor as provided in this Contract), without any separate claims or causes of action being asserted against Owner's officers, directors, employees,. agents or representatives (including Construction Program Manager and Design Consultant); and that it is the intent of this Contract to reduce the possible cost and attorney's fees in any litigation which may result relating hereto by limiting the number of parties in any such proceeding and providing for one forum in which all such issues may be resolved. Therefore, to implement and carry out this intent, Contractor agrees as follows: .1 Contractor acknowledges and agrees that the contracts between Owner and Construction Program Manager and between Owner and the Design Consultant are not intended for the benefit of Contractor or any Subcontractor or Sub-Subcontractor and that Contractor (and any Subcontractor or Sub-Subcontractor) is not a third-party beneficiary of such contracts. Contractor waives any right, claim or cause of action he may have as an alleged third-party beneficiary of any contracts between Owner and Construction Program Manager or Owner and the Design Consultant and covenants not to sue Construction Program Manager or Design Consultant as a third-party beneficiary of said contracts. .2 Contractor waives any claim or cause of action he may have as a matter of law or equity (including, but not limited to any claim or cause of action for breach of any express or implied warranty or obligation, any act or omission or failure to act or to perform any duty, including any claim or cause of action for negligence) against any of Owner's officers, directors. employees, agents or representatives (including specifically, without limitation, Construction Program Manager and Design Consultant or any of his directors, officers, employees or representatives, or anyone in contract with any of them); and Contractor covenants with Owner not to sue any of the foregoing, it being aCknowledged and agreed that Contractor's sole remedy for any such claims or causes of action shall be against Owner (or in the case of a separate contractor, against said contractor as provided in Article 6 hereof) and that such remedy against Owner (or directly against a separate contractor) is sufficient to fully protect the interests of 'Contractor hereunder. ) ,3 Unless otherwise provided in the Contract Documents, any legal proceeding of any nature brought by the Contractor against the Owner to enforce any right or obligation under this Contract (or by Contractor against Owner, Construction Program Manager or Design Consultant, even though such action may be in breach of any provision hereof) arising out of any matter pertaining to this Contract or the Work to be performed hereunder, shall be submitted for trial before the trial court of record in and for the city or county of the state or jurisdiction in which the Project is located; Contractor hereby waives his right to bring and warrants that he shall not bring any such legal proceeding in the United States District Court haVing jurisdiction over the situs of the Project; and Contractor hereby waives any right he may have to bring and warrants that he shall not bring any such legal proceeding against Owner, Construction Program Manager or Design Consultant in any other jurisdiction, whether under any so-called "long arm statute" or any other law which may provide fOf jurisdiction of such proceedings in a court other than that agreed upon herein. The fight to trial by jury is also waived by Contractor. ) f General Conditions of the Contract for Construction 00 72 00-11 ") 2.1.1 2.2 2.2.1 2.2.2 2.2.3 2.2.4 'J l 2.2.5 2.2.6 2.2.7 2.2.8 2.2.9 2.2.10 ) GENERAL CONDITIONS The terms "Design Consultant", "Architect" and "Engineer" are defined in Subparagraph 1.1.17. SERVICES OF THE DESIGN CONSULTANT The Design Consultant will provide certain services as hereinafter described. Subject to the limitations of Subparagraph 2.2.4, the Design Consultant will visit the site at intervals appropriate to the stage of construction to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. The Design Consultant will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work but shall make as many inspections as may reasonably be necessary to fulfill his obligations to the Owner. On the basis of such on-site observations, the Design Consultant shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Design Consultant will render written field reports to the Construction Program Manager in the form required by the Construction Program Manager relating to the periodic visits and inspections of the Project made as required under Subparagraph 2.2.2. The Design Consultant will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Design Consultant will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Design Consultant will not be responsible for or have control or charge over any of the acts or omissions of the Contractor, Subcontractors, or any of his agents or employees, or any other persons performing any of the Work. The Design Consultant and all other representatives of Own~r, including testing agencies and government agencies with jurisdictional interests, shall at all times have access to the Work wherever and whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access. As required, the Design Consultant will, within a reasonable time, render to and through the Construction Program Manager written clarifications or interpretations concerning the design or other technical aspects of the Work or the Contract Documents. All communications, correspondence, submittals, or documents exchanged between the Design Consultant and the Contractor in connection with the Project shall be through or in the manner prescribed by the Construction Program Manager or the Contract Documents. Should errors, omissions, or conflicts in the Drawings, Specifications, or other Contract Documents prepared by the Design Consultant be discovered, the Design Consultant will prepare such amendments or supplementary documents and provide consultation as may be required by the Construction Program Manager. All interpretations and decisions of the Design Consultant shall be consistent with the intent of, and reasonably inferable from the Contract Documents. The Design Consultant's decisions concerning matters of artistic effect are final, if consistent with the intent of the Contract Documents. General Conditions of the Contract for Construction 00 72 00-13 GENERAL CONDITIONS -) furnished by the Contractor. Design Consultant may rely upon the accuracy of such information as furnished by the Contractor. 2.2.19 As requested by Owner or Construction Program Manager, Design Consultant will provide to the Owner assistance in the original operation of any equipment or system such as initial start-up, testing, adjusting or balancing. 2.2.20 The Design Consultant, as appropriate, will be consulted by the Construction Program Manager regarding Contractors Application for Payment. 2.2.21 If Owner terminates the employment of the Design Consultant, Owner may unilaterally designate a new Design Consultant. The status of the new Design Consultant under the Contract Documents shall be the same as that of the former Design Consultant. ARTICLE 3 OWNER 3.1 3.1.1 3.1.2 3..2 ) 3.2.1 DEFINITIONS The Owner is defined in Subparagraph 1.1.31 hereof. The Construction Program Manager is defined in Subparagraph 1.1.10. CONSTRUCTION PROGRAM MANAGER Heery International, Inc. (herein referred to as the Construction Program Manager) will be the Owner's exclusive representative and agent to the Contractor with respect to the Work and Project during construction and until the issuance of the final Certificate for Payment. The Owner's communications with the Contractor and the Design Consultant shall be exclusively through the Construction Program Manager, who will have full authority to act on behalf of the Owner with regard to all aspects of the Project except that the Owner must approve all Change Orders and payments to the Contractor. All of the Contractor's communications to the Owner or to the Design Consultant shall be exclusively through the Construction Program Manager. All of the Construction Program Manager's actions with regard to this Project will be as an agent and representative of the Owner. 3.2.2 The Construction Program Manager is not authorized to revoke, alter, change, relax, or release any requirements of the Contract, nor is he authorized to approve or accept any portion of the Work not executed in accordance with, nor to issue instructions contrary to, the Contract Documents. 3.3 INFORMATION, SERVICES AND RIGHTS OF THE OWNER. 3.3.1 The Owner, through the Construction Program Manager, will provide administration of the Contract as hereinafter described. 3.3.2 The Owner and the Construction Program Manager shall at all times have access to the Work whenever and wherever it is in preparation or progress. The Contractor shall provide safe facilities for such access. . 3.3.3 The Owner and the Construction Program Manager shall not be responsible for or have control or charge of the construction means, methods, techniques, sequences, or procedures, or safety precautions and programs in connection with the Work, and will not ,) General Conditions of the Contract for Construction 00 72 00-15 GENERAL CONDITIONS ) 3.3.12 ~~~~~13; 3.3.14 3.4 3.4.1 ) access thereto that may be required for temporary construction facilities or storage of . materials and equipment at Contractor's expense. Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid unreasonable delay in the orderly progress of the Work. ~Q.~,n~Ji"J,'1Y.jtw~Juroish,~.W~tlq;Q;~;,~~~t\'tJor the:';Contractbr;h/all.~ Drawings,.and/ Specifications reasonabIYlmecessaryHO'rJ:ithe~execution""oftJhe\Work. Owner, Design Consultant and Construction Program Manager will not provide Contractor with any sepias of the Drawings. No partial sets of the Contact Documents will be furnished to Contractor. Construction Program Manager will issue with reasonable promptness after written request from Contractor such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings provided by Design Consultant or otherwise) as Construction Program Manager or Design Consultant may deem necessary, which clarifications or interpretations shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. DIFFERING SITE CONDITIONS Contractor shall inspect the Project site prior to bidding the Work .and again immediately prior to commencing the Work. Contractor is responsible for determining all physical, subsurface and other conditions which may affect the Work, pursuant to Subparagraph .4.22.1. Contractor shall have full responsibility for reviewing and checking all such data and information; for locating all Underground Facilities or Utilities shown, indicated in the Contract Documents, or actually existing; for coordination of the Work with the owners of such Underground Facilities or Utilities during construction; and for the safety and protection thereof as provided in Article 10 and repairing any damage thereto resulting from the Work, the cost of which will be considered as having been included in the Contract Sum. 3.4.2 The Drawings show conditions as they are believed to exist, but it is not intended or to be . inferred that the conditions as shown thereon constitute a representation by or on behalf of the Owner, Construction Program Manager or Design Consultant that such conditions actually exist. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to. the site is based on information and data furnished to Owner, Construction Program Manager, or Design Consultant by the owners of such Underground. Facilities or by others. Owner, Construction Program Manager, and Design Consultant shall not be responsible for the accuracy or completeness of any such information or data. 3.4.2.1 ) Upon the Signing by Contractor of a required acknowledgment and release form, as set forth in Subparagraph 3.4.2.3, Owner will make available for the Contractor's information and review, at the Owner's offices, or at such other location as the Construction Program Manager may indicate, certain boring logs, geological, soils and other reports, surveys, utility locations and analyses pertaining to the Project site of which the Owner is aware and has in his possession. Any reports, surveys and analyses provided by Owner are for the Contractor's information only, and his accuracy and completeness are not guaranteed or warranted by the Owner, the Construction Program Manager or the Design Consultant, and such reports are not adopted by reference into, nor are they part of the Contract Documents. For example, without limitation, copies of boring logs which may be provided to Contractor are only intended to reflect conditions at the specific'location of the borings and do not necessarily reflect site conditions at other locations. If Contractor obtains the foregoing reports and other data as specifically stated herein without the signing of the required acknowledgement and release form, as set forth in Subparagraph 3.4.2.3, it is General Conditions of the Contract for. Construction 00 72 00-17 GENERAL CONDITIONS ") 3.4.4 3.4.4.1 3.5 3.5.1 ) 3.5.2 3.5.3 ) Consistent with the provisions of this Paragraph 3.4 and Paragraph 12.6 hereof, the Owner may order minor Changes in the Work because of such differing site or physical conditions. Except as otherwise provided specifically in this Subparagraph 3.4.4.1, Contractor shall not be entitled to any increase in the Contract Sum or the extension of any Specific Date or the Contract. Time because of any subsurface, physical or concealed condition differing from that indicated in the Drawings, whether or not the condition or difference is latent or material; or because the condition encountered was unknown to Contractor or was of an unusual nature, differing materially from those ordinarily encountered or generally recognized as inhering in work of the character provided for in this Contract, except when (I) the Owner orders a Change in the Work under Article 12 hereof because of such conditions; (2) Contractor has fully complied with the requirements of this Paragraph 3.4; and (3) the Contractor is otherwise entitled to such adjustments under Article 8, Article 12 or any of the other provisions of the Contract Documents. However, nothing in this Subparagraph 3.4.4.1 is intended to, or shall it be construed to modify or limit the requirements and provisions of this Paragraph 3.4, nor shall" Contractor be entitled to any Change in the Work solely because Contractor modified the sequence, method or manner of his performance of the Work because of such conditions (whether such modifications by Contractor were made solely at Contractor's option or in his discretion or were reasonably ordered or directed by Owner or the Construction Program Manager). OWNER'S RIGHT TO STOP OR TO SUSPEND THE WORK If the Contractor fails to correct defective Work as required by Paragraph 4.7, or fails to carry out the Work or to supply a sufficient amount of skilled labor, or suitable materials or equipment in accordance with the Contract Documents, or fails to furnish or perform the Work in such a way that assures the Construction Program Manager that the completed Work will conform to the Contract Documents, the Construction Program Manager by a written order may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. Construction Program Manager shall have the authority to suspend the Work, in whole or in part, for such periods and such reasons as he may deem necessary or desirable, including without limitation: unsuitable weather; other conditions considered unfavorable for the suitable prosecution of the Work; or other conditions considered adverse to the best interests of the Owner. Provided, however, this right of the Construction Program Manager to suspend the Work, or to stop the Work on behalf of the Owner under Subparagraph 3.5.1, shall not give rise to a duty on the part of the Owner or Construction Program Manager to exercise this right for the benefit of the Contractor or any other person or entity. The Construction Program Manager shall give Contractor Notice of any such suspension. The Contractor shall comply immediately with such orders of the Construction Program Manager and shall not resume the Work until so ordered in writing by the Construction Program Manager. No suspension of the Work under Subparagraph 3.5.1 which is due to the fault of the Contractor shall be the basis of a claim by the Contractor for any increase. in the Contract Sum or for any other damages, losses, costs' or expenses whatsoever, or any extension of time relating thereto, all of which claims the Contractor hereby expressly waives. If the Work is suspended because of a Notice of suspension issued pursuant to Subparagraph 3.5.2 hereof, the Contractor shalf be entitled to (1) an extension of the Contract Time not to exceed the length of time that the Work was suspended, and (2) his direct costs, if any, which, in the opinion of the Construction Program Manager, arise solely because of the Notice of suspension, provided that the claim for a time extension is submitted and authorized in accordance with Paragraph 8.3 General Conditions of the Contract for Construction 00 72 00-19 GENERAL CONDITIONS ) 3.6.1 or Paragraphs 4.12, 13.10 or 13.11 hereof), together with any Social Security and State or Federal unemployment insurance taxes in connection with such premium. However, no overhead, supervision costs, commissions, profit or other costs and expenses shall be payable in connection therewith. 3.6.2.2 The obligations of the Owner as set forth in this Subparagraph 3,6.2. shall be the sole and exclusive obligations of the Owner on account of overtime, Saturday, Sunday and holiday work ordered pursuant to this Subparagraph 3.6.2; provided, however, the Owner shall have no obligation to make payments on account thereof unless: (1) Contractor shall submit to Construction Program Manager, for the Construction Program Manager's review and approval, duly authenticated time records, evidencing the.hours of overtime, Saturday, Sunday or holiday work performed pursuant to this Subparagraph 3.6.2 by the end of the day on which performed; and (2) Contractor shall include with his request for reimbursement a duplicate of each of the foregoing time records and such other substantiation of costs reimbursable hereunder as the Owner may require. 3.6.3 Neither the Owner, the Construction Program Manager, the Design Consultant nor his officers, agents, assigns or employees shall in any way be liable or accountable to Contractor or his surety for any reasonable method by which the Work or any portion thereof, performed by the Owner or by separate contractors pursuant to Paragraph 3.6, is accomplished or for the reasonable price paid therefor. Notwithstanding the Owner's right to carry out a portion of the Work, maintenance and protection of the Work remains the Contractor's and surety's responsibility as provided for in the Performance Bond and Guarantee of Contractor. 3.7 RIGHT TO AUDIT AND PRESERVATION OF RECORDS ) 3.7.1 The Contractor shall maintain books, business records, project documents and data, accounts of all costs relating to the Project and Contractor's home office or jobsite overhead, in accordance with generally accepted accounting principles and practice. These records shall be retained and preserved by Contractor in a safe place for a minimum period of five (5) years after Final Completion of the Work, or such longer period as may be required by applicable laws or regulations. The Owner, the Construction Program Manager, or his authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions: . .1 If the Contract is terminated for any reason in accordance with the provisions of these Contract Documents; .2 In the event of a disagreement between the Contractor and the Owner concerning the amount due Contractor under the terms of this Contract; .3 If such data is necessary, in the opinion of Owner or Construction Program Manager, to check or substantiate any amounts invoiced or paid which are required to reflect the costs of the Contractor, or the Contractor's efficiency or effectiveness under this Contract, or in connection with extras, changes, claims, additions, backcharges, or other, as may be provided for in this Contract; .4 If it becomes necessary to determine the Owner's rights and the Contractor's obligations under this Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the Owner; or .5 To determine any difference in cost occasioned by a substitution permitted under Paragraph 4.14 hereof. ) General Conditions of the Contract for Construction 00 72 00-21 GENERAL CONDITIONS ) 4.2 REVIEW AND MAINTENANCE OF CONTRACT DOCUMENTS 4.2.1 Contractor is required to carefully study and compare the Contract Documents and to report to the Owner through the Construction Program Manager any error, inconsistency, omission, ambiguity, discrepancy, conflict or variation he may discover as pursuant to Paragraph 1.2 hereof. 4.2.2 Contractor shall do no Work without Contract Documents and, when required, approved Shop Drawings, Product Data, or Samples for portions of the Work, and required inspections of the Work. 4.2.3 The Contractor shall maintain in a safe place at the site, one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Written Interpretations and Clarifications issued pursuant to the Contract Documents, in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. Contractor warrants the accuracy of such information or data. These shall be available to the Construction Program Manager and Design Consultant during the performance of the Work, and shall be delivered to the Construction Program Manager for the Owner upon Final Completion. 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall not commence Work on site or off site, or store materials or equipment at the Project site, until a written Notice to Proceed is issued or until the Contractor otherwise receives the Construction Program Manager's written consent so to do. Under no circumstances shall Contractor. have the right to perform Work on the Project site until Contractor has complied with all requirements of the Contract Documents which are a precondition for so doing, including, but not limited to the requirements for Bonds and Certificates of Insurance under Subparagraph 7.4.3, arid permits. Contractor's inability, failure or refusal to comply with such requirements shall not be justification for any extension in the Contract Time or Specific Dates or for any claim for additional compensation. ) 4.3.2 The Contractor shall supervise and direct the Work, competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor has the unique responsibility of being the supervisor, manager, overseer, coordinator and expeditor of his employees and the Work and that of his Subcontractors, Sub-subcontractors and Suppliers and of the total construction process, including all of its parts, in accordance with this Contract and applicable law. In executing the duties incurred by these responsibilities, the Contractor shall provide sufficient executive and supervisory field staff to enable efficient and expeditious handling of these matters. There shall be at least one Project Manager assigned full-time to the Work by Contractor as well as the field staff required by Subparagraph 4.3.2.2. The Project Manager shall attend each progress meeting at the Project site. 4.3.2.1 Contractor shall provide a management chart and a list of personnel which shall comprise the superintending staff. All references to the Superintendent elsewhere in the Contract Documents shall mean the superintending staff. 4.3.2.2 Contractor shall employ and designate in writing a competent Superintendent and necessary assistants who shall be in attendance at the Project site full time during the progress of the Work and who shall be satisfactory to the Owner and the Construction Program Manager. The Project Manager and/or the Superintendent shall represent the Contractor and all communications given to either shall be binding upon ContraCtor. ) General Conditions of the Contract for Construction 00 72 00-23 ) 4.3.10 4.3.11 ) 4.3.11.1 4.4 4.4.1 ) GENERAL CONDITIONS Unless otherwise specified in the Contract Documents, Contractor shall provide engineering surveys to establish reference points for construction which in Contractor's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work (unless otherwise specified in the Contract Documents), shall protect and preserve the established reference points, and shall make no change or relocations without the prior written approval of the Construction Program Manager. Contractor shall report to Construction Program Manager whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel at no additional cost to the Owner. . Contractor shall prepare and submit to the Owner on a daily basis (for each day worked), a daily report, in a form satisfactory to the Construction Program Manager. The Contractor's daily report shall be signed by Contractor's Superintendent. Contractor shall cause his Subcontractors and Sub-subcontractors to prepare similar daily reports, which Contractor shall submit daily to the Owner with Contractor's report. Such daily reports shall include the following: .1 Weather and temperature, including any adverse effect of same on job progress; .2 Safety problems of any kind, including any adverse effect of same on job progress; .3 Progress of the quality control program of Contractor; .4 Number and trades of all workers on the Project for which Contractor is responsible, including a breakdown for each Subcontractor and Sub-subcontractor; .5 Major equipment on the Project site for which the Contractor and his Subcontractors and Sub-subcontractors are responsible, with an indication as to whether the equipment is in use or idle and at what location; .6 A general description of the Work being performed by Contractor and each Subcontractor and Sub-subcontractor, the location of the Work performed and the quantity of Work actually accomplished for the day; and .7 A statement by Contractor as to whether or not the Work is progressing as scheduled and if not, the reasons why it is not. Contractor acknowledges and agrees that the daily reports of Contractor and his Subcontractors and Sub-subcontractors are not intended to, nor shall they, constitute Notice to Owner or to the Construction Program Manager or Design Consultant as required by the Contract Documents. CONTRACTOR REPRESENTATIONS AND WARRANTIES AS TO PERFORMANCE By entering into this Contract with the Owner, the Contractor represents and warrants the following, together with all other representations and warranties in the Contract Documents, upon which Owner relied in signing the Agreement: .1 That Contractor is experienced in and competent to perform the type of work required and is able to furnish the plant, materials, supplies or equipment to be General Conditions of the Contract for Construction 00 72 00-25 ') ) ??15 4.5 GENERAL CONDITIONS .10 That Contractor will complete the Work within the Contract Time and all portions thereof in accordance with the Specific Date thereof in this Contract; .11 That his Contract price is based upon all of the labor, materials, systems and equipment required by the Contract Documents, without exception; .12 . That Contractor has satisfied hims~lf as to the feasibility and correctness of the Contract Documents for the construction of the Work; .13 That Contractor is aware that Owner may award separate contracts for other portions or parts of the Project; and that he has taken into account in his estimating and bidding of this Contract and in the planning and scheduling the Work hereunder: (1) the project site conditions normally inhering to a multi-prime contractual agreement, including, but not limited to: the additional project site supervision, scheduling and coordination this may require; the potential for congestion of work areas, interference of trades and subcontractors of the separate contractors; and the potential for delays and disruptions to Contractor's work which may reduce Contractor's productivity when compared to other methods of contracting; (2) that the responsibility is placed upon Contractor by the Contract Documents to cooperate with and timely and effectively coord.inate with the separate contractors; (3) that the Owner has imposed upon each of the separate contractors, including Contractor herein, the responsibility to plan, schedule and coordinate their Work with the work of the other separate contractors and that the Owner is relying upon each to fulfill this responsibility independent of and without expectation or assumption of assistance from Owner or the Construction Program Manager regarding such coordination and scheduling; .14 That in his careful review and analysis of the Contract Documents he is aware and has allowed for in his estimating and bidding of the project for the responsibilities and obligations placed upon Contractor by the Contract Documents and the limitations contained therein relating to claims for time extensions and other claims against Owner, Construction Program Manager and Design Consultant; and has also carefully and fully assessed and considered Contractor's potential for liability to separate contractors as well as Owner for damages relating to the Work of Contractor under the terms thereof; and That Contractor is aware that Owner has the sole discretion, under Paragraph 9.3 hereof, as to whether or not any retainage under this Contract will be reduced or any monies paid for materials or equipment not incorporated in the Work but delivered and suitably stored at the site; and that Contractor, in his financial planning for the Work, has not anticipated any release or reduction in retainage until final payment under this Contract or any payment for materials or equipment until they are incorporated into the Work. LABOR AND MATERIALS Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, supplies, tools, appliances, construction equipment and machinery, water, heat,fuel, power, light, telephone, sanitary facilities, temporary facilities, transportation, and other facilities and services necessary or proper for or incidental to the furnishing, performance testing, start up and completion of the Work required by and in accordance with the Contract Documents and any applicable code or statute, whether specifically required by the Contract Documents or.whether their provision may reasonably be inferred as necessary to produce the intended results, 4.5.1 ) General Conditions of the Contract for Construction 00 72 00-27 GENERAL CONDITIONS ) Manager. the written assurances of a Manufacturer that his material and/or equipment is designed and appropriate for its intended use. 4.6 CONTRACTOR'S WARRANTY AS TO MATERIALS AND WORKMANSHIP 4.6.1 The Contractor warrants to the Owner, the Construction Program Manager, and the Design Consultant that all materials and equipment furnished under this Contract conform to the Contract Documents and the warranties and guarantees specified herein and are not and will not be defective. Where no standard is specified for such workmanship or materials, they shall be the best of their respective kinds. All Work not conforming to these requirements, including Substitutions not properly approved and authorized, may be considered defective. Contractor shall give the Construction Program Manager Notice of all defective work of which Contractor is aware. If required by the Construction Program Manager or the Design Consultant, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 4.6.2 The warranties set forth in this Paragraph 4.6 and elsewhere in the Contract Documents shall survive Final Completion of the Work under Paragraph 9.10. 4.6.3 The Contractor guarantees and warrants to the Owner: .1 That all materials and equipment furnished under this Contract will be new unless otherwise specified, and the best of its respective kind unless otherwise specified; .2 That all Work will be of first-class quality and free of omissions and faults and free of poor quality, imperfect or defective material or workmanship, and shall fully conform with the Contract Documents and all other warranties and guarantees specified therein; ) .3 . That, where required by the Contract Document, the Work shall be entirely watertight and leakproof and shall be free of shrinkage and settlement; .4 That the Work, including but not limited to, mechanical and electrical machines, devices and equipment, shall be fit and fully usable for its intended and specified. purpose and shall operate satisfactorily with ordinary care; .5 That consistent with requirements of the Contract Documents, the Wor~ shall be installed and oriented in such a manner as to facilitate unrestricted access for the operation and maintenance of fixed equipment; .6 That the Work will be free of abnormal or unusual deterioration which occurs because of poor quality materials, workmanship or unsuitable storage; and .7 That all materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions and recommendations of the applicable Manufacturer or Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions or recommendations will be effective to assign to Owner, the Construction Program Manager, or the Design Consultant any of their consultants, agents, or employees, or inspectors, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake any responsibility contrary to the provisions of Article 2 or Article 3. 4.6.4 If, within one year after the Date of Final Completion of the Work or designated portion thereof, or within one year after acceptance by the Owner of designated equipment, or within such longer period of time as may be prescribed by law, or as ) General Conditions of the Contract for Construction 00 72 00-29 ) 4.7.2.2 4.7.2.3 4.7.3 ) 4.8 4.8.1 4.8.1.1 4.9 4.9.1 ) GENERAL CONDITIONS Notice; such rejected Work shall not thereafter be tendered for acceptance unless Contractor shall give the Construction Program Manager timely Notice that the Work being tendered was formerly defective or was subject to a requirement for correction. If the Contractor does not proceed with the correction of such defective or non-conforming Work within the time fixed by written Notice from the Construction Program Manager, the Owner may either (1) by separate contract or otherwise replace or correct such Work and charge the Contractor the cost occasioned the Owner thereby and remove and store the materials or equipment at the expense of the Contractor, or (2) terminate this Contract for default as provided in Paragraph 14.3. If the Contractor does not pay the cost of such replacement or correction and the removal and storage within ten (10) days thereafter, the Owner may upon ten (10) additional days' written Notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for additional services of the Design Consultant and the Construction Program Manager made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be withheld from any sums due Contractor under this Contract. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. The Contractor shall bear the cost of making good all work of the Owner or separate contractors destroyed or damaged by such correction or removal required by the Contract Documents. If Owner elects to accept defective or non-conforming Work, he may do so rather than require its removal and correction, in which case Owner may reduce monies payable. to Contractor in an amount which, in the opinion of the Construction Program Manager, is fair and equitable therefor; or the Owner may elect to accept payment in materials or services in lieu of a reduction in monies otherwise payable Contractor. If the amount of a reduction is determined after final payment, it shall be paid to the Owner by the Contractor. TAXES The Contractor shall pay all sales, consumer, use, excise, gross receipts, and other similar taxes legally enacted at the time of Bid by Contractor, whether or not yet effective, required to be paid in connection with the Work or upon materials, tools or equipment brought to the Project site or used in the Work, and alf ad-valorem or personal property taxes levied against any tools or equipment utilized by the Contractor in the performance of the Work, all of which shall be deemed included in the Contract Sum. If any of the foregoing taxes are not paid by the Contractor in a timely manner, the Owner may withhold the amount of any such taxes from any amounts otherwise due to Contractor and submit the amount so withheld to the appropriate taxing authority on behalf of the Contractor and credit said amount against the remaining monies due Contractor. PERMITS, FEES AND NOTICES Except as otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits and governmental fees, or charges, licenses and inspections necessary for the proper execution and completion of the Work which are legally required at the time the bids are received. Contractor shall not be entitled to any additional time for performance because of his failure to secure any required permits in a timely manner. General Conditions of the Contract for Construction 00 72 00-31 GENERAL CONDITIONS -) 4.11.3 4.11 .4 ) 4.12 4.12.1 ) or group of activities; the percentage complete of any activity or path of activities; completion of any item of work or activity; projected actual project completion; delays, slippages, or problems encountered or expected; Subcontractor requests for time extensions, or delay claims of Subcontractors, and if applicable, the float time available. Contractor's failure to substantially comply with the covenants and guarantees of Subparagraph 4.11.2 shall be a substantial and material breach of this Contract which will permit Owner to terminate Contractor for default, or withhold payments under the Contract Documents, and shall entitle Owner to the. damages afforded for misrepresentation or fraud by these Contract Documents or applicable law, including attorney's fees and costs. Should Contractor fail to substantially comply with the provisions of the Contract Documents relating to scheduling and execution of the Work in accordance with the Construction Schedule, Owner shall have the right, at its option, to direct the Construction Program Manager to prepare schedules,' reports, updates and revisions of the schedule in accordance with the Contract Documents and to review and analyze same, in order to allow Construction Program Manager to evaluate the progress of the Work by Contractor, to determine whether Contractor is substantially complying with the Contract Documents, and to direct such action of the part of the Contractor, as permitted by the Contract Documents, as required to insure that Contractor will complete the Work within the Specific Dates and the Contract Time. All costs and expenses and fees incurred by Owner and Construction Program Manager in preparing the schedule hereunder shall be withheld from monies otherwise due Contractor. If Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, Contractor hereby agrees, in such instance, to comply with such schedules as prepared by the Construction Program Manager, if any, or directions, and activity sequences and durations as Construction Program Manager may reasonably require, without additional cost to the Owner (SUbject only to cost adjustments for such changes in the Work as Owner may direct), to insure completion of the Work, or specified portions thereof, within the Specific Dates or the Contract Time. RESPONSIBILITY FOR COMPLETION The Contractor shall furnish such manpower, materials, facilities and equipment and shall work such hours, including additional shifts, overtime operations and Sundays and holidays, as may be necessary to insure completion of the Work or specified portions thereof within the Specific Dates as set forth in the Contract Documents. If it becomes apparent to the Construction Program Manager, that the Work, or any reqUired portion thereof, will not be completed by any of such dates, Contractor agrees to undertake some or all of the following actions, at no additional cost to the Owner (including, but not limited to, the payment by Contractor of additional costs or overtime for Construction Program Manager and Design Consultant relating thereto, and any additional charges for inspectors or other necessary services), in order to ensure, in the opinion of the Construction Program Manager, that Contractor will comply with all completion requirements: .1 Increase manpower, materials, trades, crafts, equipment and facilities; .2 Increase the number of working hours per shift, shifts per working day, working days per week, or any combination of the foregoing; and .3 Reschedule activities to achieve maximum practical concurrency of accomplishment of activities. General Conditions of the Contract for Construction 00 72 00-33 GENERAL CONDITIONS ) 4.13.2.3 4.13.2.4 4.13.3 ) 4.13.4 ) indicate on the drawing, before submittal, who is to furnish material or operations so marked. For use of all trades and separate contractors (if applicable), the Contractor shall provide such number of prints as are required for proper coordination and installation of the Work. Within forty-eight (48) hours of receiving submittals back from the Design Consultant, Contractor shall submit (1) .pdf file and (1) paper copy to the Construction Program Manager. By approving and submitting Shop Drawings, Product Data, Manuals and Samples, the Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto; that he has checked and coordinated the information contained within such submittals with the requirements of the Work, with other separate contractors, and with any other requirements of the Contract Documents; and that the Shop Drawings are complete and accurate with respect to quantities, dimensions, specified performance and design criteria, materials and similar data, so as to enable the Design Consultant to properly review the information. .1 Parts and details not fully indicated on the Drawings shall be detailed by the Contractor in accordance with standard engineering practice. Dimensions on the Drawings, as well as detailed drawings themselves are subject in every case to measurements of existing, adjacent, incorporated and completed Work, which shall be verified by the Contractor before undertaking any work dependent on such data. The Contractor shall adhere to any supplementary processing and scheduling instructions pertaining to Shop Drawings which may be issued by the Construction Program Manager. Contractor shall not submit for review and approval hereunder any Shop Drawing, Product Data, Sample or other Submittal which is in deviation with or in variation from the requirements of the Contract Documents, without first having obtained a Change Order therefor in accordance with the requirements of Article. 12 hereof. All responsibility and liability for any such deviations or variances which may be contained in any Shop Drawings, Product Data, Sample or other Submittal rests upon the Contractor, unless a Change Order is issued apprOVing the deviation or variance. .1 Owner has no obligation to approve any deviation or variance from the Contract Documents, and any approval thereof is in Owner's sole discretion. Specific and express approval of every deviation or variance is required hereunder. The failure of Owner or the Design Consultant to reject any Shop Drawing or other Submittal because of a deviation or variance, of which they were not aware during the review process, does not mean the deviation or variance is approved. Contractor. shall bear all risk regarding all deviations and variances not specifically and expressly approved hereunder. .2 In seeking approval of a deviation or variance with the requirements of the Contract Documents, Contractor shall request in writing and in detail any such deviations or variances desired. Contractor shall make, at his own expense, any Shop Drawings, Product Data, Samples or other Submittals which reflect the requested deviation or variance and shall direct speCific attention in writing to same. Contractor shall also submit with his request a cost proposal relating thereto reflecting any proposed Change in Contract Sum. Contractor's request shall be reviewed by the Design Consultant and, if acceptable to Owner, a Change Order will be issued. In this process, Contractor shall make, at his own expense, any changes in the Shop Drawing or Submittal containing the proposed deviation or variance as required by the Design Consultant and shall bear the General Conditions of the Contract for Construction 00 72 00-35 GENERAL CONDITIONS 4.13.12 4.13.13 4.13.14 4.13.14.1 4.13.14.2 ) 4.13.15 4.13.16 4.14 4.14.1 4.14.1.1 ) Each Shop Drawing and other Submittal shall bear the Contractor's stamp or seal stating that the Submittal has been reviewed by the Contractor and that it conforms to the requirements of the Contract Documents. Within fourteen (14) days after receiving the Design Consultant's comments and, in any case, before the applicable portion of the Work is started, the Contractor shall again review and coordinate the Submittal with other separate contractors working on the Project. If Contractor has coordination problems with a separate contractor's work, Contractor shall promptly resolve same directly with the separate contractor. If no resolution can be reached between Contractor and the separate contractor, the Construction Program Manager will make a determination which shalf be binding upon Contractor and the separate contractor. Owner, at his discretion, may require that laboratory tests be made on any materials submitted for incorporation in the Project. When tests are so required, the Contractor shall deliver Samples of sufficient size and quantity, to meet testing laboratory requirements, deliver Samples to .testing laboratory and forward a letter to the Owner advising of such delivery with a copy to the Construction Program Manager. Contractor shall pay all expenses in connection with obtaining any laboratory testing of any material required by the Contract Documents to be tested. Reports of testing laboratory shall be forwarded by the laboratory; original and three (3) copies to the Construction Program Manager and one (1) copy to Contractor. Based upon the test report, the Owner will make the final determination as to whether or not the tested article meets the Contract requirements. Should the tested material fail to meet Contract requirements, the Contractor will then take immediate action to submit other materials for test and approval which will meet the Contract requirements. Any retesting needed to assure compliance with the Contract Documents shall not be cause for a time extension. In the case of materials for which laboratory tests are not required, Contractor shall deliver Samples, properly labeled, to the Construction Program Manager at the Project site. Promptly after receipt, the Construction Program Manager shall request the Design Consultant to examine the Samples and note upon a label affixed to the sample the Design Consultant's recommendations as to whether or not the Samples satisfy the requirements of the Contract Documents. Approved Samples shall remain on the Project site in the custody of the Construction Program Manager for use in checking the material or equipment incorporated in the Work. EQUAL PRODUCTS AND SUBSTITUTIONS All Substitutions and equal Products permitted by the Contract Documents must strictly conform to the requirements of this Paragraph 4.14. No Substitutions, and no Products which Contractor believes are "or equal," are permitted by Contractor for any brand, make, manufacturer, Product or form or type of construction specified or named in the Contract Documents except as specifically provided by this Paragraph 4.14 or by specific language in the Drawings or Specifications indicating that an equal Product will be permitted. Except as otherwise provided for by the provisions of any applicable laws, the Contractor shall not have any right of appeal from the decision of the Design Consultant and Owner rejecting any unapproved Products or materials (for example, without limitation, Products for which Contractor has not yet secured "or equal" approval as required herein) or Substitutions, delivered to or installed in the Work, if the Contractor fails to timely obtain General Conditions of the Contract for Construction 00 72 00-37 ) ) ) 4.14.3.3 4.14.3.4 4.14.3.5 4.15 4.15.1 . ;t 4.15.2 GENERAL CONDITIONS comparison of the proposed Substitution with the item or form or type of construction specified and any cost reduction which shall benefit the Owner; (8) accurate cost data on proposed Substitution in comparison with item, Product or form or type of construction specified; and (9) all directions, specifications, and recommendations by manufacturers for installation, handling, storing, adjustment, operation and maintenance. The Contractor, in submitting a request for a Substitution, warrants to the Owner as follows: (1) he will coordinate installation of accepted Substitutions into the Work, making all such necessary changes, including, but not limited to, any required schedule adjustments as may be required for the Work to be complete in all respects within the Contract Time and Specific Dates; and (2) he waives all claims for additional costs and additional time related to Substitutions which subsequently become apparent; and he agrees to hold the Owner harmless from claims for extra costs and time incurred by separate contractors or his Subcontractors or Suppliers, or additional services which may have to be performed by the Construction Program Manager and/or Design Consultant, for Changes or extra work that may, at some later date, be determined to be necessary in order for the Work to function in the manner intended in the Contract Documents. The Owner or Design Consultant, through the Construction Program Manager, may require tests, at the Contractor's expense, of all materials proposed for Substitution so submitted to establish quality standards or to otherwise test the suitability or acceptability of the proposed Substitution. After approval of a Substitution, if it is determined that Contractor submitted defective information or data regarding the Substitution upon which Owner's approval was based, that unexpected or un contemplated extensive redesign or rework of the Project will be needed before the Substitution will fit properly into the existing design (or that the Substitution will not perform or function as well as the specified item or form or type of construction for which the Substitution was requested), the Contractor will be required to furnish the original specified item or request approval to use another Substitution; or, in the sole discretion of the Owner, Contractor'shall pay all costs of Owner relating to such redesign or rework; the Contractor shall also pay all costs, expenses or damages associated with or related to the un acceptability of such a Substitution and the resultant utilization of another item; the Contractor shall not be entitled to any additional compensation or any extension of any Specific Date under such circumstances. SUbject to the provisions of any applicable laws, approval for Substitutions shall be at the sole discretion of the Owner and shall be effective solely upon the issuance of a Change Order therefor. The decision of the Owner shall be final. USE OF SITE The Contractor shall confine operations at the site (including, but not limited to construction equipment, the storage of materials and equipment, and the activities or tasks of workers) to areas permitted by law, ordinances, permits, easements, right-of-way agreements and the Contract Documents. Contractor shall not unreasonably encumber the site, in the opinion of the Owner or the Construction Program Manager, with any materials, equipment or trailers or block the entrances, or otherwise prevent reasonable access to the site, other working and parking areas, completed portions of the Work and/or properties, storage areas, or areas of other facilities that are adjacent to the project site. If the Contractor is deemed to be in violation of his responsibility under 4.15.1 and he fails or refuses to move said material, equipment or trailers within 24 hours of notification by the Owner, through the Construction Program Manager, to so do, the Owner shall have the right, without further Notice, to remove, at the Contractor's expense, any material, equipment and/or trailers which the Owner deems are in violation of Paragraph 4.15.1. General Conditions of the Contract for Construction 00 72 00-39 ) 4.18 4.18.1 4.19 4.19.1 4.19.2 ) 4.20 4.20.1 4.20.2 4.21 ) GENERAL CONDITIONS COMMUNICATIONS. The Contractor shall forward all communications, whether to the Design Consultant or to the Owner, only through the Construction Program Manager. Similarly, all communications to the Contractor from the Owner or the Design Consultant will flow to the Contractor through the Construction Program Manager unless otherwise directed by the Construction Program Manager. ROYALTIES AND PATENTS The Contractor shall pay, if applicable, all royalties and license fees incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others, all of which shall be deemed included in the Contract Sum. The Contractor shall not unlawfully use or install any patented or copyrighted article and shall defend, indemnify and hold the Owner, Construction Program Manager, and Design Consultant harmless from and against all judgments, losses, costs or expenses, including attorneys' fees, arising out of any suits or claims for infringement of any patent rights or copyrights related thereto. In the event of any injunction or legal action arising out of any such infringement which has the effect of stopping the Work, the Owner may require the Contractor to substitute such other articles of like kind as will make it possible to proceed with and complete the Work within the Contract time and Specific Dates, and all costs and expenses occasioned thereby shall be borne by the Contractor. Under such circumstances, Contractor shall not be entitled to any time extension under this Contract for any delay relating thereto. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify, defend, and hold harmless the Owner, the Construction Program Manager and the Design Consultant and their agents, representatives, and employees from and . against all claims, actions, judgment, cost, liabilities, penalties, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the Work, provided that any such claim, action, judgment, cost, liability, penalty, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) inclUding the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner, the Construction Program Manager or the Design Consultant or any of their agents, representatives, or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 4.20 shall not be ,limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. PERSONS AUTHORIZED TO SIGN DOCUMENTS AND MAKE DECISIONS FOR CONTRACTOR General Conditions of the Contract for Construction 00 72 00-41 GENERAL CONDITIONS 4.23.2 ) 4.23.3 ) 4.23.4 4.23.5 ) If the Contract Documents, or laws, regulations, rules or orders of any public authority having jurisdiction, require any portion of the Work to specifically be inspected, tested, or approved, including Owner's Inspection Consultant, Contractor shall assume full responsibility of coordination thereof. Contractor shall also be responsible for and shall pay all costs associated with any investigation, inspection or testing required in connection with Owner's or Design Consultant's acceptance of a Subcontractor, Supplier or specific item of equipment proposed to be substututed in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. .1 Unless otherwise provided in the Contract Documents, Contractor shall pay for all utilities required for testing of installed equipment for the Work. Labor and supervision required for facilitating such tests shall also be provided by Contractor at no additional cost to Owner. .2 If any of the Work that is to be inspected, tested, or approved is covered before required tests and inspections are duly completed, the Work, or portion thereof, must, if requested by Construction Program Manager or Design Consultant, be uncovered for observation. Such uncovering shall be at Contractor's expense, . and Contractor shall not be entitled to any additional time for performance therefor. If the Design Consultant or the Construction Program Manager determines that any Work requires special inspection, testing, or approval which are not within the scope of Subparagraph 4.23.2, Construction Program Manager will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give Notice as provided in Subparagraph 4.23.1. If such special inspection or testing reveals a failure of the Work to comply (1) with the requirements of the Contract Documents, or (2) with Laws and Regulations, Contractor shall bear all costs thereof, including compensation for the Design Consultant's and the Construction Program Manager's additional services made necessary by such failure, and Contractor shall not be entitled to any additional time for performance because thereof. If such special inspection or testing reveals that the Work is in accordance with all of the applicable requirements, Owner shall bear all costs thereof. All inspections, tests, or approvals other than those required by laws, regulations, rules or orders of a public authority having jurisdictlon, including all inspections and tests required to establish compliance with the Contract Documents shall be performed by an independent testing agency or organizations approved by or under contract with the Owner. When the initial tests indicate non-compliance with the Contract Documents any SUbsequent testing occasioned by non-compliance shall be performed by the same agency and the cost thereof shall be borne by the Contractor. Representatives of the testing agency shall have access to the Work at all times. Contractor shall provide facilities required in order for the agency to properly perform its functions. .1 The independent testing agency shall prepare test reports, logs, and certificates applicable to the specific inspections and tests and deliver, within forty-eight (48) hours after tests and inspections have been made, the specified number of copies to the designated parties. Certificates of inspection, testing or approval required by public authorities shall be secured by the Contractor and promptly delivered by him to the Construction Program Manager, in adequate time to avoid delays in the Work or final payment therefor. Contractor shall pay for and be solely responsible for inspections or testing performed exclusively for his own convenience. General Conditions of the Contract for Construction 00 72 00-43 GENERAL CONDITIONS ') ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is defined in Subparagraph 1.1.45. 5.1.2 A Sub-subcontractor is defined in Subparagraph 1.1.46. 5.1.3 A Material Supplier, Supplier or Vendor is defined in Subparagraph 1.1.27. 5.1.4 Whenever the word "Subcontractor" is used in the Contract Documents, it is intended to include within the broad scope of the word, a Sub-Subcontractor or Supplier or Vendor. Any obligation or responsibility imposed upon a Subcontractor by these Contract Documents also is imposed upon a Sub-Subcontractor or Supplier or Vendor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Contractor shall use the major Subcontractors listed by Contractor in his Form of Proposal for the classifications of Work indicated therein, or such other Subcontractors as may be approved by Owner prior to the Notice of Award. Unless otherwise specified in the Contract Documents, and excepting only those major Subcontractors listed in the Form of Proposal or approved by the Owner prior to the Notice of Award Contractor shall, prior to awarding a subcontract, and within thirty (30) days of receipt by Contractor of the Notice to Proceed, furnish to the Construction Program Manager in writing, the names of the persons or entities proposed as Subcontractors for each of the principal portions or major components of the Work. The Contractor shall also advise the Construction Program Manager in writing of any financial interest Contractor has in any of said Subcontractors or Sub-subcontractors or Suppliers. JJ. No Subcontractor, e;:: Sub-subcontractor or Supplier shall be engaged if objected to by \he Owner as provided in the Contract Documents; provided, however, that as to Subcontractors not listed in the Form of Proposal or approved by the Owner prior to the Notice of Award, if the Owner or Construction Program Manager does not give Contractor Notice of such objection in writing within fifteen (15) days of its receipt of such names from the Contractor, such Subcontractor, Sub-subcontractor or Supplier shall be deemed acceptable to the Owner. ) 5.2.2 The Contractor understands and agrees that no contractual agreement exists for any part of the Work under this Contract between the Owner, Construction Program Manager or Design Consultant and any of the Contractor's Subcontractors, Sub-subcontractors or Suppliers. Further, the Contractor understands and agrees that he alone is responsible to the Owner for all of the Work under this Contract. .1 The provisions of this Article 5 shall in no way affect the liability of the Contractor to the Owner regarding performance of all obligations by or payment to Subcontractors, Sub-subcontractors or Suppliers. Owner approval to subcontract or Owner's failure to object to any given Subcontractor or Supplier shall not to any degree relieve the Contractor of his obligation to perform or have performed to the full satisfaction of the Owner all of the Work required by this Contract. .2 Any review of Subcontractors, Sub-subcontractors or Suppliers by Owner, Construction Program Manager or Design Consultant will not in any way make Owner, Construction Program Manager or Design Consultant responsible to any Subcontractor, Sub-subcontractor or Supplier, or responsible to Contractor ) General Conditions of the Contract for Construction 00 72 00-45 GENERAL CONDITIONS ) 5.3 5.3.1 5.3.2 ) 5.3.3 5.3.4 ) Supplier for Owner's approval or failure to approve the termination of any entity hereunder. SUBCONTRACT RELATIONS The Owner, Construction Program Manager and Design Consultant have no responsibility to deal directly with any Subcontractor, Sub-subcontractor or Supplier. Subcontractors, Sub-subcontractors or Suppliers shall route all communications through Contractor. All subcontracts and sub-subcontracts shall be in writing. Each subcontract, and each sub-subcontract, shall contain a reference to this Contract and shall incorporate all of the terms and conditions hereof to the full extent applicable to the portion of the Work covered thereby. Each subcontract or sub-subcontract shall require each Subcontractor, Sub-subcontractor or Supplier, to the extent of the Work to be performed by that entity, to be bound to the Contractor by the terms of the Contract Documents and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Contract Documents, assumes toward the Owner. Each Subcontractor or Sub-subcontractor must agree, for the benefit of the Owner, to be bound by, and to require each of his Subcontractors to be bound by, such terms and conditions to the full extent applicable to his Work. Said agreement shall preserve and proteCt the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the Contractor-Subcontractor agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Documents, has against the Owner. .1 The Contractor shall make available to each Subcontractor, Sub-subcontractor and Supplier, prior to the execution of the Subcontract, or Purchase .order, copies of the Contract Documents to which the Subcontractor will be bound by this Paragraph 5.3, and identify to the Subcontractor or Supplier any terms and conditions of the proposed Subcontract or Purchase Order which may be at variance with the Contract Documents. Each Subcontractor or Supplier shall similarly make copies of such Documents available to his Sub-subcontractors and Suppliers. Each subcontract shall provide for his termination by the Contractor if, in the opinion of the Owner or Construction Program Manager, the Subcontractor fails to comply with the requirements of the Contract Documents. Each Subcontractor shall be required to insert a similar provision in each of his subcontracts. In the event of any such failure by a Subcontractor, Sub-subcontractor or Supplier to comply with the requirements of the Contract Documents, such Subcontractor, Sub-subcontractor or Supplier, as the case may be, shall be removed immediately by Contractor from the Work and shall not again be employed on the Work. Contractor shall submit the name of a responsible Subcontractor capable of completing the applicable portion of the Work. Owner shall not be responsible for any increased costs to the Contractor or delays occasioned by the termination or substitution required by this Subparagraph 5.3.3. Each subcontract (and each subcontract entered into pursuant to a subcontract) shall contain insurance, indemnification and waiver provisions for the benefit of the Owner, the Construction Program Manager, the Design Consultant and his respective parent companies, the subsidiary, related and affiliated companies of each and the officers, directors, agents and employees of each, as provided in the Contract Documents. General Conditions of the Contract for Construction 00 72 00-47 GENERAL CONDITIONS ) 5.6.1 ;ll ~ 5.6.2 6.1 6.1.1 ) 6.1.2 6.2 6.2.1 6.2.2 6.2.3 ) The Contractor shall pay the amounts due each Subcontractor or Supplier upon receipt of payment from the Owner (unless required to do so sooner by the Construction Program Manager, pursuant to the Contract Documents or under applicable law or regulations). The Contractor shall also require each Subcontractor or Supplier to make similar payments due to any of his Sub-subcontractors or Suppliers. A Subcontractor may request from the Construction Program Manager information regarding the amount paid to the Contractor for Work performed by the Subcontractor. The providing of such information to a Subcontractor shall not, however, establish any duty or obligation on the part of the Owner or Construction Program Manager to make any payments directly to any Subcontractor under this Contract. ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS The Owner reserves the right to perform work with his own forces, to have work performed by any owner of Underground Facilities or Utilities ("utility owner"), or to award separate contracts in connection with the Project or other work contiguous or related to the Project site, based upon any contract terms and conditions which the Owner, in his sole discretion, may require. When separate contracts are awarded for different portions of the Project or other work . on the Project site, the term "Contractor" in the contract documents in each case shall mean the contractor who executes each separate Owner-Contractor Agreement. MUTUAL RESPONSIBILITY The Contractor shall afford each utility owner and separate contractor proper and safe access to the site and reasonable opportunity for the introduction and storage of his materials and equipment in the execution of his Work. Contractor shall properly connect and coordinate the Work with that of the Owner, utility owners and other separate contractors. Contractor shall store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the Work so as will not unduly or unreasonably interfere with the progress of the Work or the work of such others. Ifthe execution or result of any part of the Work depends upon any work of the Owner, utility owner, or of any separate contractor, the Contractor shall, prior to proceeding with the Work, carefully inspect and promptly give Notice in writing to the Owner, utility owner or separate contractor, and to the Construction Program Manager, of any delays, apparent discrepancies or defects in his Work that, in Contractor's opinion, renders it unsuitable for such proper execution or specified result of any part of the Work. Failure of the Contractor to so inspect and promptly report shall constitute an acceptance by Contractor of the work of Owner, any utility owner or of any separate contractor, as fit and proper to receive the Work, except as to latent defects which the Contractor could not have reasonably discovered by his inspections and observations. Any costs and damages caused by the defective or ill-timed Work of Contractor or any separate contractor shall be borne by the party responsible therefor and resolved as provided for in this Article 6. Owner, Construction Program Manager and Design Consultant shall not be liable for any damages caused Contractor by any separate General Conditicins of the Contract for Construction 00 72 00-49 GENERAL CONDITIONS ) 6.2.6 In the event separate contractors are engaged on the Project, each separate contractor (including Contractor herein) shall be responsible to the other separate contractor(s} for damages to work, injury to any person or persons, or for any loss, cost, claims, or damages arising out of or in connection with the work required by the contract of each with Owner and any loss, cost, expense, or damage caused by said separate contractor's neglect or failure to finish or satisfactorily complete his part of the Project Within the time prescribed. 6.2.7 In order to carry out the intent of this Article 6, Owner and Contractor agree that privity of contract exists between Contractor and each separate contractor, for the purpose of disposing of mutual liabilities or obligations between Contractor and any separate contractor as set forth herein. Contractor agrees to accept service of process and to sue and be sued directly by any separate contractor, in Contractor's own name, in any litigation which may arise hereunder between Contractor and any separate contractor. It is understood and agreed that Contractor will not bring Owner, Construction Program Manager or Design Consultant into such litigation and covenants not to sue any of them with regard to any litigation or claims brought against Contractor by any separate contractor. . 6.2.8 Contractor shall not be entitled to an extension of time under this Contract for delays in the Work caused solely by a separate contractor under contract with .the Owner, Contractor's sole remedy being a direct action against said separate contractor, pursuant to this Article 6, relating to such delay. Provided, however, that Owner shall grant Contractor an extension of time for delays caused by a separate contractor (but no money damages therefor) if: {1} in the opinion of Construction Program Manager, Contractor has fulfilled all of his obligations under this Article 6 and the Contract Documents (including, but not limited to giving timely Notice to the Construction Program Manager and the separate contractor of such delay or expected delay so as to' allow the separate contractor a sufficient opportunity to correct the condition giving rise to such delay; and cooperation and proper coordination with the separate contractor regarding such condition); (2) the delay would otherwise entitle Contractor to a time extension under the provisions of Article 8 hereof and the Contract Documents; (3) Contractor has taken, in the opinion of Construction Program Manager, appropriate steps under Paragraph 4.12 and Subparagraph 8.3.2.1 hereof to overcome the effect of the delay upon completion of the Work or any portion thereof by the Contract Time or Specific Dates; and (4) the time extension will not be detrimental to the interests of the OWner. ) 6.3 OWNER'S RIGHT TO PERFORM DISPUTED WORK 6.3.1 If a dispute arises between the Contractor and any separate contractors as to the responsibility of each for Cleaning up as required by the Contract Documents, for accomplishing coordination, for doing required cutting, filling, excavating or patching .as required by the Contract Documents, or relating to any other Work, the Construction Program Manager, in his sole discretion, shall make a determination of the responsibility therefor, which decision shall be binding upon Contractor and all separate contractors; and said item shall be performed as directed by the Construction Program Manager at no additional cost to Owner. If Contractor or any separate contractor refuses to perform in accordance with the determination of the Construction Program Manager, the Owner may carry out such Work and charge the cost thereof to the non-performing party (parties) responsible therefor, as the Owner or the Construction Program Manager shall determine to be just. 6.4 COORDINATION OF THE WORK ) General Conditions of the Contract for Construction 00 72 00-51 . ") 6.4.5.3 6.4.5.4 6.4.5.5 ) 6.4.6 GENERAL CONDITIONS After providing the required Notice, Contractor shall provide the separate contractor,. utility owner, Construction Program Manager and the Design Consultant a reasonable opportunity to inspect such preceding work. Contractor shall not proceed with Contractor's follow-on work, for the section of the Wl,lrk alleged to be defective or imperfect, until receiving direction or instructions from the Construction Program Manager, who, after consultation with the Design Consultant, shall provide such direction promptly. In no instance is Contractor authorized to remove and replace or correct the defective work or imperfections unless directed by Owner or Construction Program Manager. Should Contractor proceed with his Work in the affected section without direction' or instructions from the Construction Program Manager relating to the preparatory work, Contractor shall bear all responsibility for any defects or imperfections in the Work and any rework or removal and replacement subsequently directed by the Construction Program Manager relating to same, including any subsequent warranty or guarantee work occasioned thereby. Under no condition shall Contractor proceed with a section of the Work prior to the preparatory work of any separate contractor or utility owner having been, where applicable, completed, cured, dried, and otherwise made satisfactory to receive the related Work of Contractor. Responsibility for timely installation of all materials rests solely with Contractor, who shall maintain coordination and control of the Work at all times. Contractor shall bear full and sole responsibility for aQY defects or imperfections arising in the Work due to his failure to comply with the requirements of this Subparagraph 6.4.5, including the cost of repair or replacement or correction of preparatory work on which Contractor made an untimely application of his Work. Whenever Contractor receives items from another separate contractor or from Owner for storage, erection or installation, Contractor shall give a receipt for items delivered, and thereafter will be held solely responsible for care, storage and any necessary replacement of the item or items received. . 6.4.7 When certain items of equipment and work are indicated as "NIC" (not in contract), or are to be furnished and installed under separate contracts, Contractor and any separate contractor shall mutually coordinate his Work to determine any requirements for preparatory work (including, but not limited to dimensions, sizing, stub ups, connections, couplings, for preparation of openings, and provision of blocking and backing) for receipt of such "NIC" work so as to provide a complete installation in accordance with the Contract Documents. Contractor shall properly form and otherwise prepare his Work in a satisfactory manner to receive any "NrC" work. 7.1 7.1.1 7.1.2 ) ARTICLE 7 MISCELLANEOUS PROVISIONS GOVERNING LAW Unless otherwise provided in the Contract Documents, the Contract shall be governed and construed in accordance with the law of the place where the Project is located. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein. If through mistake or otherwise, any such provision is not General Conditions of the Contract for Construction 00 72 00-53 GENERAL CONDITIONS J 7.4.2 If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or his right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Subparagraph 7.4.1, Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. 7.4.3 Contractor, prior to commencing the Work on site, shall deliver to Owner all Bonds and Certificates of Insurance required by, and in full compliance with, the Contract Documents. Owner, Construction Program Manager and Design Consultant shall not be liable to Contractor for any costs or additional time for performance because of any delay to the commencement of the Work on site caused by failure of Contractor to deliver the required Bonds and Certificates of Insurance. 7.4.4 Should Contractor refuse or fail to comply with all of the requirements of this Paragraph 7.4, such refusal or failure shall be a material and substantial breach of this Contract, and Owner shall have the right to terminate the performance of Contractor for default, pursuant to the provisions of Paragraph 14.3. 7.5 RIGHTS AND REMEDIES 7.5.1 The duties and obligations of the Contractor imposed by the Contract Documents and the rights and remedies of the Owner available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law or equity; ) 7.5.2 The failure of the Owner,' the Construction Program Manager, or the DeSign Consultant to insist in anyone or more instances upon the strict performance of anyone or more of the provisions of this Contract, or to exercise any right contained herein or provided by law, shall not be construed as a waiver or relinquishment of the performance of such provision or right(s) or of the right to subsequently demand strict performance or exercise such right(s), and the rights shall continue unchanged and remain in full force and effect. 7.5.3 The Contractor agrees that he can be adequately compensated by money damages or time extensions pursuant to the terms of this Contract, for any breach of this Contract or any act or omission or breach of any duty which may be committed by Owner, or his employees or agents (including Construction Program Manager and Design Consultant). Contractor therefore hereby agrees that no act, or omission of the Owner, the Construction Program Manager or the Design Consultant, except for failure to make progress payments as required by the Contract Documents, shall constitute a material breach of the Contract or any other condition which would entitle Contractor to cancel or rescind the provisions of this Contract or (unless the Owner shall so consent or direct in writing) to suspend or abandon performance of all or any part of the Work. The Contractor hereby waives any and all rights and remedies to which he might otherwise be or become entitled, save only his right to money damages or any extension of time to' which he may be entitled in accordance with the Contract Documents. 7.6 ATTORNEYS' FEES AND OTHER EXPENSES 7.6.1 The Contractor hereby agrees that he will not submit, assert, litigate or otherwise pursue any frivolous or unsubstantiated claims, or file or submit claims he has specifically waived under the terms of the Contract Documents or for which he has made a covenant not to sue hereunder. In the event that Contractor'ls claim, or any separate item of a claim, is without substantial justification, or is filed in breach of any provision or covenant of this Contract, Contractor shall reimburse the Owner, Construction Program Manager or ) General Conditions of the Contract for Construction 00 72 00-55 GENERAL CONDITIONS -) 7.7.2.3 7.7.2.4 7.7.2.5 7.8 7.8.1 ). 7.8.1.1 7.8.1.2 7.8.2 7.8.2.1 ) Except by Change Order, no requirement for written Notice under the Contract Documents, can be waived orally or in any other manner by Owner, Construction Program Manager or Design Consultant or any of his officers, directors, employees, agents or representatives. Contractor hereby waives any claim or defense he may have relating to any oral waiver of the written Notice requirements of this Contract; Written Notice of alleged delays or other conditions affecting Contractor's Work must be given within seven (7) days of the occurrence of the incident or event giving rise to the alleged delay or condition or as soon thereafter as required by the Contract Documents. Contractor shall not be entitled to receive any monetary compensation or time extension as may be authorized or permitted under this Contract, for any additional costs incurred or any delay occurring more than seven (7) days prior to the receipt by Owner and Construction Program Manager of written Notice of the condition or item giving rise thereto. Contractor agrees that the fact Owner, Construction Program Manager or Design Consultant may subsequently receive, review or negotiate a request by Contractor for a time extension or a claim for monetary compensation, does not constitute sufficient Notice under this Contract of the incidents or events giving rise to delays or other conditions affecting the Work for which the time extension or compensation is requested; and strict compliance with the written Notice requirements of this Contract is required concerning all such events or conditions. DISPUTE RESOLUTION Design Consultant will be the initial interpreter of the technical requirements of the Contract Documents and judge of the acceptability of the Work thereunder. In all other instances, the Construction Program Manager shall be the initial interpreter and judge of the requirements of the Contract Documents. Subject to the specific provisions of Article 12 hereof relating to disputes regarding Changes in the Work, claims and disputes of any nature whatsoever, which are not resolved by agreement of the Owner and Contractor, will be referred, in writing, initially by Contractor or Owner to the Construction Program Manager (with a copy to the party against whom the claim is made), with a request for a formal decision in accordance with this SUbparagraph 7.8.1. If the matter in dispute should, in the opinion of the Construction Program Manager, be referred to the Design Consultant for a decision in accordance herewith, Construction Program Manager will so refer the claim or dispute to the Design Consultant together with all supporting data supplied by the Contractor. Otherwise, Construction Program Manager will render his decision thereon. Any decision rendered by the Construction Program Manager or Design Consultant herein shall be in writing, and shall be rendered within a reasonable time after receipt of the request therefor and the submission of all data required under this Paragraph 7.8. Written Notice of each such claim, dispute, and other matter shall be delivered by Contractor as provided in Subparagraph 7.7.2.4. Written supporting data will be submitted to the Construction Program Manager, within sixty (60) days after such occurrence unless Construction Program Manager, in his sole discretion, allows an additional periOd of time to ascertain or compile data in support of the claim. The time periods set forth in this Paragraph 7.8 relate solely to the administration of pending claims and are neither intended to, nor shall they, modify or affect any requirements under the Contract Documents relating to written Notice and the time required therefor or any other time requirements of this Contract. General Conditions of the Contract for Construction 00 72 00-57 GENERAL CONDITIONS ) TIME 8.1 DEFINITIONS 8.1.1 The Contract Time is defined in Subparagraph 1.1.14 hereof. Contractor shall complete his Work within the Specific Dates and the Contract Time. 8.1.2 The date of commencement of the Work is the date established in the Notice to Proceed, which is defined in Subparagraph 1.1.30. If there is no Notice to Proceed, the date of commencement shall be the date of the Owner-Contractor Agreementor such other date as may be established therein. 8.1.3 Substantial Completion of the Work is defined in Subparagraph 1.1.47 hereof. Only incidental corrective work and any final cleaning beyond that needed for the Owner's full use may remain for Final Completion. 8.1.4 Final Completion of the Work is defined in Subparagraph 1.1.22 hereof. 8.1.5 Specific Dates are defined in Subparagraph 1.1.44 hereof. Contractor agrees to complete each and every portion or component of the Work by the Specific Dates indicated in the Special Conditions, including authorized extensions thereto pursuant to the terms of the Contract Documents. Failure of Contractor to comply with any Specific Date under this Contract shall constitute a material breach of this Contract by Contractor, and the Owner shall be entitled to all of the remedies under this Contract and available at law. 8.2 PROGRESS AND COMPLETION ) 8.2.1 All times, time limits, Specific Dates and the Contract Time stated in the Contract Documents are of the essence of the Contract. 8.2.2 The Contractor shall begin the Work on the date of commencement of the Work as defined in Subparagraph 8.1.2. He shall prosecute the Work expeditiously, with due diligence, and employ all the resources necessary to achieve completion of the Work or designated portions thereof within the Contract Time and the Specific Dates. 8.2.3 Contractor shall strictly comply with all of the requirements of Article 13 hereof. 8.2.4 Contractor acknowledges and agrees that his coordination and cooperation with the Owner, Construction Program Manager, Design Consultant and, if any, separate contractors, is mandatory to ensure timely completion of the Work or any part thereof. Contractor is not entitled, either expressly or impliedly under this Contract, to any relief or compensation because of any plan or schedule of Contractor or any Subcontractor to complete the Work or any portion thereof prior to the Contract Time or a Specific Date thereof, unless otherwise agreed to in writing by Owner. The duties, obligations and warranties of the Owner, Construction Program Manager and Design Consultant shall be consistent with and applicable only to the completion of the Work by the required SpecifiC Dates. 8.2.5 The scheduling information submitted by Contractor, the acceptance or approval thereof by Owner or Construction Program Manager, and the Construction Schedules that may be established or implemented by Contractor, shall not relieve Contractor of any of his obligations under the Contract Documents, including, but not limited to Contractor's obligation to perform and complete the Work by the dates specified in the Contract Documents. ) General Conditions of the Contract for Construction 00 72 00-59 ) 8.3.4 ) 8.3.4.1 8.3.4.2 ) 8.3.4.3 GENERAL CONDITIONS Contractor's daily report for the day{s) affected; otherwise, all such claims are waived by the Contractor. In every such written request for a time extension, Contractor shall provide the following information: .1 The nature of the delay; .2 The actual date (or estimated or anticipated date) of commencement of delay; Contractor shall include a chronology of the events relating to the delay and a listing of all applicable notifications made by Contractor; .3 A general description of the activities of the Construction Schedule affected by the delay, and/or new activities created by the delay and their relationship with existing activities including, but not limited to the identification of specific critical path activities affected and the dates each activity was affected; .4 Identification of person(s) or organization(s) or event(s) responsible for the delay; .5 Anticipated or estimated extent of the delay; .6 Recommended action to avoid or minimize the effect of the delay; and .7 In the case of Changes ordered in the Work, Contractor must furnish a sub-network showing the specific Work required by the Change and the manner in which the changed Work will be incorporated into the Construction Schedule. In the event Contractor requests an extension of time, he shall comply with the requirements of Article 13 hereof and, in addition, shall furnish such justification and supporting evidence as the Construction Program Manager may deem necessary for a determination of whether or not the Contractor is entitled to an extension under the provisions of this Contract. The burden of proof to substantiate a claim for an extension' of time shall rest with the Contractor, including, but not limited to evidence that the cause was wholly beyond the control and without the fault or negligence of Contractor or any Subcontractor, Sub-subcontractor or Supplier. Any determination under this Paragraph 8.3 shall be based upon (1) the criteria and requirements set forth in the Contract Documents, including, but not limited to Article 13 hereof; (2) Contractor's Construction Schedule for the Work (updated to reflect actual Project status at the time the delay occurred); and (3) all data relevant thereto; provided, however, that should the Contractor's latest update of the Construction Schedule, in the opinion of the Construction Program Manager, not be feasible, realistic or accurate, said schedule shall not be a consideration in the making of any determination of a time extension request under this Paragraph 8.3. Contractor acknOWledges and agrees that actual delays (whether due to Changes or . other causes) which according to Contractor's Construction Schedule (updated to reflect actual status of the Work when the delays occurred) do not affect the Contract Time or Specific Dates, will not be the basis for an adjustment in the Contract Time or Specific Dates. The Contractor acknowledges and agrees that time extensions will be granted only to the extent that delays, for which an extension of time is given under this Contract, exceed the loss of available positive float in the Construction Schedule, updated as of the time the delays occurred and then only to the extent that the delays, in the opinion of the Construction Program Manager, actually adversely affected the Work of Contractor and were beyond the control and without the fault of Contractor. Contractor acknowledges and agrees that a delay which may affect a SpeCific Date, and for which a time extension may be authorized under this Contract for said Specific Date, General Conditions of the Contract for Construction 00 72 00-61 ') 8.3.5.3 ) ) GENERAL CONDITIONS Abnormal inclement weather, based upon the following requirements: .1 Contractor agrees that the Contract Time and any Specific Dates under this Contract will not be extended due to normal inclement weather. For a time extension to be granted for abnormal inclement weather: (1) such weather must, in the opinion of the Construction Program Manager, actually have an adverse effect upon the progress of Contractor's Work which is of a critical nature; and (2) in the opinion of the Construction ProgramManager. the adverse effect must not be due to any fault or negligence of Contractor and could not have been avoided by Contractor through proper planning, coordination and implementation of adequate weather protection necessary to allow the Work to be continued without adverse effect upon labor production. Contractor agrees that the fact abnormal inclement weather may occur does not, of itself, justify any time extension hereunder; .2 Contractor agrees that he shall not be entitled to a time extension for normal inclement weather which can be expected at the Project locale due to precipitation or temperature, based upon actual data from the U. S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) for the locale of the Project. Contractor acknowledges and warrants that in making his proposal or bid and Construction Schedule for the Work. he gave due care and consideration to this expected number of calendar days of inclement weather for the locale of the Project and allowed therefor. During the time of performance, should the expected number of calendar days of inclement weather for the locale of the Project be less than originally anticipated by Contractor and Owner at the time of contracting, those days not so affected by inclement weather shall be utilized month for month for schedule adjustments pursuant to Subparagraph 8.3.2.1 hereof; .3 Contractor agrees that the measure of abnormal inclement weather due to precipitation or temperature during the period covered by this Contract shall be the number of days in excess of those shown in the weather data referenced in Subparagraph 8.3.5.3.2 hereof, in which precipitation exceeded .01 inch (or in the case of snow or ice pellets, 1 inch or more), or in which the highest temperature was 32 degrees F. or below; A No extension of time will be made for abnormal inclement weather after the principal portions of the Work are enclosed except for site work which critically affects the Contract Time or Specific Dates. For the purpose of this Paragraph 8.3, the term "enclosed" is defined to mean when the Work is sufficiently closed in (exterior walls up and roof in place) so as to permit any structure, or major portion thereof which is part of the Work, to be adequately heated so as to allow the various trades to perform their work. The Construction Program Manager shall determine when the structure is "enclosed" and shall issue, upon the request of Contractor, a letter certifying the date the Work became enclosed for the purposes hereof; and- .5 If the total calendar days lost due to inclement weather, from the start of the Work at the Project site by Contractor until the principal portions of the Work are enclosed, exceeds the total number of days to be expected for the same period. a time extension, if granted, shall only be the number of calendar days needed to equal the excess number of calendar days lost due to such abnormal inclement weather. General Conditions of the Contract for Construction 00 72 00-63 GENERAL CONDITIONS ) 9.1 9.1.1 9.2 9.2.1 If 9.2.1.1 9.3 ) 9.3.1 . 9.3.1.1 9.3.2 9.3.3 ) ~ under this Contract from amounts otherwise certified as payable to Contractor under Article 9. ARTICLE 9 PAYMENTS AND COMPLETION DEFINITION The Contract Price or Sum is defined in Subparagraph 1.1.13. VALUES OF CONSTRUCTION ACTIVITIES As part of his preparation of his Construction Schedule in accordance with Article 13 hereof, and before his first Application for Payment, Contractor shall submit to the Construction Program Manager a cost loaded schedule with values of construction activities of said Schedule; these values shall be supported by such data as, in the opinion of the Construction Program Manager and the Owner, is reasonably necessary to substantiate its accuracy. These values, unless objected to by the Construction Program Manager, shall be used as a basis for the Contractor's Applications for Payment and only for this purpose. Contractor agrees that he will not "front end load" the values of his construction activities but will set forth in his cost loaded schedule an accurate and reasonable amount for activities. APPLICATIONS FOR PAYMENT On or about the dates specified in the Contract Documents; Contractor shall meet with the Construction Program Manager and submit a completed progress report in accordance with the requirements of Article 13 hereof, supported by such data substantiating the Contractor's right to payment as the Owner or Construction Program Manager may require. Contractor shall also certify that he has paid all due and payable amounts for which previous certificates for payment were issued and payments received from the Owner. The submission and approval of the Construction Schedule and monthly updates thereof as required by Article 13 hereof shall be an integral part and basic element of the Application upon which progress payment shall be' made. The Contractor shall be entitled to progress payments only upon substantial compliance with all the requirements of this Article 9, which compliance shall be a condition precedent to the processing of Contractor's Applications. Progress payments will be made for Work completed through the dates set forth in the section of the Special Conditions entitled "Schedule of Progress Payments" and, if authorized under SUbparagraph 9.3.4 hereof, for materials delivered and properly stored in accordance with the Contract Documents. No progress payments will be made after the last date listed in the "Schedule of Progress Payments" until final payment; provided, however, that if extensions in the Contract Time total thirty (30) days or more, there shall be additional progress payments for each full thirty (30) days of such extensions. Owner will retain ten percent (10%) of the amount of all progress payments until the Work is finally completed and accepted and Contractor has fully complied with all requirements of the Contract Documents, whether or not the Owner has occupied any or all of the Work before such time. However, if the Owner, at any time after fifty percent (50%) of the Work has been completed, finds that satisfactory progress is being made, he may, in General Conditions of the Contract for Construction 00 72 00-65 ) 9.5 9.5.1 ~~4J~::2!4~i\'- 9.5.3 -- ) 9.5.4 9.5.5 9.5.6 ) 9.5.6.1 11 GENERAL CONDITIONS continuous on-site inspections to check the quality or quantity of the Work or that he has reviewed the construction means, methods, techniques, sequences or procedures of Contractor, or that he has made any examinations to ascertain how or for what purpose the Contractor has used the monies previously paid on account of the Contract Sum. PROGRESS PAYMENTS After a Certificate for Payment has been issued, the Owner shall make payments in the manner and within the time provided in the Contract Documents or, if no time is therein stated, within a reasonable time. 11l1~1i\~9Jltri;:lbt "JitY~i~,g9 uQQ_qhKitqlQr~t2g~Q~.29J1!L~~!9,fr,~~Q!!t~LJJfPJLw reff6rmr""~:la "Elferial ['''th7fl,Wark''lltu' c5i1'ii'r'Elcei' tmfra iherlt~fr'omnhe ,I:>.,-".'>.,......._.~I)g... ." ....,. .., . .!k . ,._.. . _~.' ~.. R . .... . ... .1:>.. ..~_R.. Y.. ..' ..~.._._ ~_~"" @~!11it1J1 out of the amount paid to the Contractor on account of such Subcontractor's Work or Supplier's material or equipment, the amount to which said Subcontractor or Supplier is entitled. reflecting the percentage actually retained by Owner, if any, from payments to the Contractor on account of such Subcontractor's Work or Supplier's material or equipment. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his Sub-subcontractors and Suppliers in similar manner. Notwithstanding any provision in this Contract to the contrary, Construction Program'''"'''';'',! Manager may, at his sole discretion, upon the request from any Subcontractor or t. Supplier, furnish to same, if practicable, information regarding the percentages of } completion or the amounts applied for by the Contractor and the action taken thereon by .t the Construction Program Manager on account of Work done by such Subcontractor or/, Supplier. Owner may also have right to get information from Subcontractor regarding ./ \..,,,, ho;", mu~n they have been paid, how much is still owing for Work in place, etc. ",,,.,,...,p'"""" \{'.ml~;$:~_3(<:;~'~'ltif'"j,!1:~'o/ > ~\~~.#A~~\,~._~..._:~</'-~i{).(~~i5'~'_>i/f4fi~tli;l~-:r;.:~~',1~!ij,p~$;::~''i;1\':1'''~'Yr#~:~~>,f4-l;.''~'tf;,:''Pi~~t1,v,1',,;~(;[\~~1?}i;';~~4i:.~J,:\)~.nll?,;'<<01'r.~~)\~,t!';:!;,.P,<flJ'.~..',I'\ Owner and the Construction Program Manager shall have no obligation to pay any monies to any Subcontractor, Sub-subcontractor or Supplier. Provided, however, that Owner shall, in his sole discretion, ~~. bl!9~ti~R'e1'Payn-17roJ~' dir~s~!!~'lg~jty.fte~~Jm!'iSlIPplylng'fl. . ..... " .. .... . . . . .f~tor!t5~)~J)rKjjn~lieu'fof~ Pfj . .. Jse:rjQifitrpaYm~Q!~~Y.k~g~bjRt)tS':Q'rj1aiTd:tlf81~Q6t(aGt9jj'" P:rjy.t'Ln:l2!;lL1J!t~.9m rEr r .1j~1GonfractQtls5~!1~ co'6p1irale:twjt~lttr~1" :!fSnallfprQviae:mLTch . WO'e"r,rFroaYlt~questm:mrpurposEl$;~oUaetefmin'in'9I~.IijYlarjj'Q!Jm~tQlfj:~~[l:flp" rq[.1.x;~a~~t~,Jl,[~:~l';119M~' No Certificate for a progress payment, or any progress payment, or any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents. The Contractor agrees to keep the Work and the site of the Project free and clear of all liens related to labor and materials furnished in connection with the Work. Furthermore, Contractor waives any right he may have to file any type of lien in connection with the Work. Contractor shall include the requirements of this Subparagraph in each subcontract or purchase order, the intent being to keep the Project free and clear of all liens at all times. If a lien of any nature is filed against the Project or Owner's property (or with Owner in the case of a tax lien) relating in any way to the Work of Contractor, or if there are reasonable grounds, in the opinion of the Construction Program Manager, to believe that it is probable such a lien may be filed at any time during the progress of the Work or within the duration of this Contract, the Owner may, in his sole discretion and at his sole option, withhold from any payment due the Contractor a sum sufficient, in the opinion of the General Conditions of the Contract for Construction 00 72 00-67 GENERAL CONDITIONS ) .7 Failure or refusal of the Contractor to carry out the Work in accordance with or to otherwise substantially or materially comply with the Contract Documents, including, but not limited to, the requirements of Article 4 hereof; .8 Liens filed or reasonable evidence that a lien may be filed for any portion of the Work; .9 Failure or refusal of the Contractor to properly schedule and coordinate the Work, to provide progress schedules, reports and updates, or to otherwise substantially comply with Article 13 hereof; .10 Failure or refusal of the Contractor to substantially comply with the provisions of Article 6 hereof; or .11 Failure to submit required documents, data or submittals within the time periods specified in the Contract Documents. 9.6.2 When the above grounds in Subparagraph 9.6.1 are removed, payment shall be made for amounts withheld because of them. 9.7 FAILURE OF PAYMENT 9.7.1 If the Owner does not make payment to the Contractor within the time provided for elsewhere in the Contract Documents, or if no time is stated, within a reasonable time, after receipt of the Contractor's approved Application for Payment from the Construction Program Manager; and if the Contractor is not responsible for such failure; and if the Owner is otherwise not entitled under the Contract Documents or applicable law to withhold payment, Contractor shall give Owner written Notice thereof within seven (7) days of such failure to make payment. Should the Owner fail, within fourteen (14) days of receipt of such Notice from the Contractor, to make payment to Contractor or to specify, in writing, his justification for withholding or not making payment, Contractor may stop the Work until payment of the amount owing according to the Contract Documents has been received. In such event, the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be effected by appropriate Change Order as provided herein. Should Owner specify to Contractor, within the fourteen (14) day period stated above, the basis for the Owner's refusal to make payment, such decision of the Owner shall be final and binding upon the Contractor unless the Contractor, within seven (7) days of the receipt of such writing from the Owner, notifies the Construction Program Manager pursuant to Paragraph 7.8 hereof. All disputes regarding payment shall be resolved in accordance with Paragraph 7.8. ) 9.8 PARTIAL UTILIZATION AND OCCUPANCY BY OWNER 9.8.1 Owner reserves the right, at his option and convenience, for Partial Utilization, as defined in Subparagraph 1.1.32, of all or any part of the Work at any time prior to completion of the Work, upon two (2) days written Notice to Contractor. The Owner shall use his best . efforts to prevent such Partial Utilization from interfering with the performance of the remaining Work. Owner shall be liable to Contractor for any reasonable additional costs incurred by Contractor solely as a result of such Partial Utilization, unless such utilization was specifically provided for the Contract Documents or was required because of Contractor's failure to complete the Work or any portion thereof in accordance with the Specific Dates. ) / 9.8.2 Partial Utilization by the Owner pursuant to Subparagraph 9.8.1 hereof shall not constitute acceptance by Owner, Design Consultant or the Construction Program General Conditions of the Contract for Construction 00 72 00-69 ) 9.9.5 9.9.6 9.10 9.10.1 ) 9.10.2 ) GENERAL CONDITIONS amount due Contractor for uncompleted Punch List items, in which case Contractor will . be relieved of his responsibility for completion of the applicable Punch List items; provided, however, that warranties and guarantees of Contractor shall remain applicable to such uncompleted Work, in which case the warranty or guarantee period shall commence on the date of Final Completion in accordance with Subparagraph 9.9.1. The issuance of the Certificate of Substantial Completion does not indicate final acceptance of the project by the Owner, and the Contractor is not relieved of any responsibility for the Work except as specifically stated in the Certificate of Substantial Completion. Should the Design Consultant and the Construction Program Manager determine that the Work or the portion thereof designated by Contractor pursuant to Subparagraph 9.9.1 is not Substantially Complete, they shall provide the Contractor a written Notice stating why the Work or designated portion thereof is not Substantially Complete. The Contractor shall expeditiously complete the Work and shall re-request in writing that the Design Consultant and the Construction Program Manger perform a Substantial Completion inspection. Contractor shall pay Owner for all costs associated with such re-inspection by the Construction Program Manager and Design Consultant. FINAL COMPLETION AND FINAL PAYMENT Upon receipt of all documentation required by Subparagraph 9.10.2, and of written Notice from Contractor that the Work is ready for final inspection and acceptance, and upon receipt of a final Application for Payment, the Design Consultant and the Construction Program Manager will promptly make such. inspection. When they find the Work acceptable under the Contract Documents and the Contract fully performed, they will jointly issue a final Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor, and noted in said final Certificate, is due and payable. The final Certificate for Payment will constitute a further representation that all the conditions precedent to the Contractor's being entitled to final payment as set forth in the Contract Documents appear to have been fulfilled. Payment shall be made in full to the Contractor within a reasonable time of the date of the Final Certificate of Payment provided that the requirements of this Article 9 and all other requirements of the Contract Documents have been fulfilled, except for an amount mutually agreed upon for any Work remaining uncompleted for which the Owner is entitled a credit under the Contract Documents. Neither the final payment nor the remaining retained percentage shall become due until the Work is free and clear of any and all liens and the Contractor submits to the Construction Program Manager: .1 An affidavit that all payrolls, bills for' materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied; .2 Consent of surety, if any, to final payment; .3 If required by the Construction Program Manager, other data establishing payment or satisfaction of all such obligations, such as receipts. releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Construction Program Manager; General Conditions of the Contract for Construction 00 72 00-71 ") ) ) GENERAL CONDITIONS 9.10.6 10.1 1 0.1.1 10.1.2 10.1.3 .1 Unsettled liens, and claims against the Owner, the Construction Program Manager, or the Design Consultant, or his employees, agents, or representatives; .2 Faulty, defective or non-conforming Work discovered or appearing after Substantial or Final Completion; .3 Failure of the Work to comply with the requirements of the Contract Documents; .4 Terms of any warranties contained in or required by the Contract Documents; .5 Damages incurred by the Owner resulting from lawsuits brought against the Owner, the Construction Program Manager, the Design Consultant, or his agents, employees or representatives because of failures or actions on the part of the Contractor, his Subcontractors, Sub-subcontractors, Suppliers orany of his employees, agents or representatives; or .6 Fraud or bad faith committed by the Contractor or any Subcontractor, Sub-subcontractor or Supplier during performance of Work but discovered by Owner after Final Payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and in full compliance with all requirements of the Contract Documents, and identified by the Contractor as unsettled at the time of the final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY RESPONSIBILITY FOR SAFETY AND HEALTH Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. This requirement applies continuously throughout the performance of this Contract by Contractor, until Final Completion of the Work, and is not limited to regular working hours. The Safety Program of Contractor shall include within its scope a drug and alcohol interdiction policy. The purpose of the policy shall be to create a project site free from any form of drug or alcohol abuse which will in turn assist in the maintenance by Contractor of a safe working environment for all persons present on the project site. The policy shall prohibit the possession or use of any illegal and unauthorized drugs and alcohol on the project site by an employee or subcontractor for whom Contractor is responsible. . The Owner, Construction Program Manager, Design Consultant, or his agents, employees or representatives are not responsible for the means, methods, techniques, sequences or procedures utilized by the Contractor, or for safety precautions and programs in connection with the Work. Owner, Construction Program Manager and Design Consultant have no obligation or responsibility under this Contract to review, approve, inspect or enforce any safety precautions and programs of Contractor. General Conditions of the Contract for Construction 00 72 00-73 ) 10.2.3 10.2.4 10.2.5 10.2.6 ) 10.2.7 ) GENERAL CONDITIONS Contractor shall designate a responsible member of his organization at the Project site whose duties shall be to enforce Contractor's safety programs and precautions, to ensure compliance with this Article 10, and to prevent accidents. This person shall be the Contractor's Superintendent unless Contractor designates someone else in writing to the Construction Program Manager. Such person shall be acceptable to the Construction Program Manager. The Contractor shall at all times safely guard the property of Owner, Construction Program Manager, Design Consultant, separate contractors, utility owners and other third parties from injury or losses. He shall at all times safely guard and protect all Work and temporary facilities and adjacent property against loss or damage from 'whatever cause. All passageways, guard fences, lights and all other facilities required for protection by applicable safety laws and regulations must be provided and maintained by Contractor. The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including, but in no event limited to: the posting of danger signs and other warnings against hazards; implementing safety regulations and requirements; notifying owners and users of adjacent utilities; the furnishing and maintaining of necessary traffic control barricades and flagman services; properly using and storing necessary explosives or other hazardous materials, in accordance with all applicable requirements, exercising the utmost care under the supervision of qualified personnel, and after first obtaining permission of the public authorities and officers having jurisdiction; and maintaining adequate quantities of both hose and operable fire extinguishers at the Project site. The Contractor shall promptly remedy at his own cost and expense all damage or loss to any property referred to in this Article 10, caused in whole or in part by the Contractor, any Subcontractor, any Sub~subcontractor, any Supplier, or anyone directly or Indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the Contractor is responsible hereunder, except damage or loss solely attributable to the acts or omissions of Owner, Construction Program Manager or Design Consultant, and not within the control of and not because of the fault or negligence of Contractor or any Subcontractor, Sub~subcontractor or Supplier. The foregoing obligations of the Contractor are in addition to his obligations under Paragraph 4.20. The Contractor shall perform such restoration by underpinning, repairing, rebuilding, replanting, or otherwise restoring as may be required or directed by the Construction Program Manager or Design Consultant, or shall otherwise make good such damage in a satisfactory and acceptable manner. In case of failure on the part of the Contractor to promptly restore such property to make good such damage, the Construction Program Manager or Owner may, upon two(2) calendar days written Notice, proceed to repair, rebuild or otherwise restore such property as may be necessary and the cost thereof, or a sum which is, in the opinion of the Construction Program Manager, sufficient to reimburse the owners of property so damaged, will be deducted from any monies due or to become due the Contractor under this Contract. Contractor is responsible for the proper packing, shipping, handling and storage (including but not limited to shipment or storage at the proper temperature and humidity) of all materials to be incorporated in the Work, so as to ensure the preservation of the ql!ality and fitness of the material for proper installation and incorporation into the Work, as required by the Contract Documents. For example, but not by way of limitation, Contractor shall, when necessary, place material on wooden platforms or other hard and clean surfaces and not on the ground or place such materia! under cover or in an appropriate shelter or facility. Stored materials or equipment shall be located so as to facilitate proper inspection. Material and equipment which is delivered crated shall remain crated until ready for installation. Lawns, grass plots or other private property shall not be used for storage purposes without the written permission of the property - General Conditions of the Contract for Construction 00 72 00-75 GENERAL CONDITIONS ) 10.3.1 10.4 10.4.1 10.5 10.5.1 ) 10.5.2 11.1 11.1.1 ) In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion. to prevent threatened damage, injury or loss. The Contractor shall notify the Owner and Construction Program Manager of the situation and of all actions taken immediately thereafter. If, in the opinion of the Contractor. a decision is required by the Owner, Construction Program Manager or Design Consultant regarding said emergency and immediate action is not required, the Contractor shall notify the Owner and Construction Program Manager. Provided, however, if any loss, damage, injury or death occurs that could have been prevented by the Contractor's prompt and immediate actions, the Contractor shall be fully liable for all costs. damages, claims, actions, suits, attorney's fees and all other expenses arising therefrom or relating thereto. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Article 12 for Changes in the Work. EFFECT OF SUBMISSION OF CONTRACTOR'S SAFETY PLAN The Owner, Construction Program Manager and Design Consultant shall have no responsibility or obligation to review or approve any safety plans or procedures as may be submitted by Contractor, or to check or verify the Contractor's compliance with any and all requirements imposed by the Contract Documents or by law, rule, regulation or order of any public authority having jurisdiction. The receipt or filing of any safety plan by the Owner, Construction Program Manager or Design Consultant does not constitute acceptance of or acquiescence with or endorsement of such safety plans or procedures of Contractor. FAILURE OF COMPLIANCE Should Contractor fail to initiate, maintain and supervise all safety precautions and programs in connection with the Work as required by this Article 10, Owner, Construction Program Manager and Design Consultant shall be entitled to recover from Contractor all amounts, fines or penalties for which any of them may be liable to any person or entity because Contractor failed to comply with the provisions of this Article 10, including, but not limited to, all direct, indirect and consequential damages, and all attorney's fees, costs and expenses incurred relating thereto. In addition, the Owner may construe such failure as a material breach of this Contract and therefore may exercise all rights and remedies, including termination in accordance with Paragraph 14.3 hereof. Nothing herein shall be construed as limiting Contractor's obligations under Paragraph 4.20 hereof. ARTICLE 11 INSURANCE CONTRACTOR'S LIABILITY INSURANCE The Contractor shall purchase and maintain with companies acceptable to Owner, and who are properly licensed to do business in the state in which the Project is located and which have an "A" policyholder's rating and a financial rating of at least Class XI in accordance with the most current' Best's Rating, such insurance as will protect Contractor, Owner, Construction Program Manger, Design Consultant and their agents, consultants, representatives, and employees from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor, Sub-subcontractor or by anyone. General Conditions of the Contract for Construction 00 72 00-77 GENERAL CONDITIONS ) 11.1.7 11.2 11.2.1 11 .2.2 ) 11.2.3 11.2.4 ) 11.2.5 Owner, Construction Program Manager and Design Consultant shall be additional insureds under any insurance purchased by Contractor under this Paragraph 11.1 and each shall receive certificates evidencing this coverage prior to the commencement of the Work on site by Contractor. PROPERTY INSURANCE The Contractor shall purchase and at all times maintain such insurance as will protect Contractor, Owner, Construction Program Manager, Design Consultant, Subcontractors, Sub-subcontractors and Suppliers, and all of their representatives, agents and employees, from loss or damage to the Work or property in the course of construction, including all machinery, materials and supplies on the premises or in transit thereto and intended to become a part of the finished Work and all temporary structures, miscellaneous materials and supplies incident to the Work, and Owner's loss of use of Own'er's property due to fire or other hazards, however caused, until the date of Final Completion or so long as Contractor, or anyone for whom Contractor is responsible, is on the site, whichever is later. This insurance shall be in the form of "Builder's All-Risk" or equivalent. The Contractor shall cause such policy or policies of insurance required under this Subparagraph to be endorsed so as to provide that the insurer or insurers waive any right of subrogation against the Owner. Any deductible provision in such insurance shall not exceed the amount set forth in the section of the Special Conditions of this Contract entitled "Insurance"; or if no amount is specified, the deductible shall not. exceed One Hundred Dollars ($100). Contractor shall remain solely liable for the full amount of any item covered by such insurance, including any deductibles. Any loss insured under Subparagraph 11.2.1 is to be adjusted by the insurer with the Owner and any check made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause and of Subparagraph 11.2.5. Contractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor, and by appropriate agreement, written where legally required for validity,' shall require each Subcontractor to make payments to his Sub-subcontractors or Suppliers in similar manner. The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered and paid by insurance obtained pursuant to this Paragraph 11.2, or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the Owner as trustee. The Contractor shall require, by appropriate agreement, written where legally required for validity, similar waivers in favor of the Owner and the Contractor by Subcontractors and Sub-subcontractors. With respect to the waiver of rights of recovery, the term Owner shall be deemed to include, to the extent covered by property insurance applicable thereto, his consultants, employees, and agents and representatives including the Construction Program Manager and Design Consultant, their officers, employees, agents, representatives and consultants. The Contractor waives as against any separate contractor described in Article 6 all rights for damages caused by fire or other perils in the same manner as is provided above as against the Owner. The Owner shall require, by appropriate written agreement, similar waivers in favor of the Contractor by any separate contractor and his subcontractors and sub-subcontractors. If required by law, the Owner as trustee shall, upon the occurrence of an insured loss, provide a bond for the proper performance of his duties. Owner shall deposit in a separate account any money so received, and he shall distribute it. in accordance with such agreement as the parties in interest may reach, or in accordance with a court order. The Owner as trustee shall have power to adjust and settle any loss with the insurers unless, within five (5) days after the occurrence of the loss, one of the parties in interest General Conditions of the Contract for Construction 00 72 00-79 ) 12.1.2 12.2 12.2.1 12.2.2 ) 12.2.2.1 ) lR;,?I~~J GENERAL CONDITIONS The Owner may, at any time, without invalidating the Contract and without notice to any surety, by written order designated or indicated to be a Change Order, and executed solely by the Owner, make any Changes in the Work within the general scope of this Contract, including, but not limited to Changes: .1 In the Specifications or Drawings; .2 In the sequence, method or manner of performance of the Work; .3 In the Owner-furnished facilities, equipment, materials, services or site; or .4 Directing acceleration in the performance of the Work; Provided, however, that orders or directives of the Owner, Construction Program Manager or Design Consultant which are authorized under' other provisions of the Contract Documents and which arise because of the fault or negligence of Contractor, shall not be a Change Order under this Contract. OWNER DIRECTED CHANGES REQUIRING AN INCREASE IN CONTRACT SUM If the Change in or addition to the Work will result in an increase in the Contract Sum, the Owner shall have the right to require the performance thereof on a lump sum basis, a unit price basis or a time and material basis, all as hereinafter more particularly described (the right of the Owner as aforesaid shall apply with respect to each such Change in the Work). If the Owner elects to have the Change In the Work performed .on a lump sum basis, his election shall be based. on a lump sum proposal which shall be submitted by the Contractor to the Construction Program Manager within ten (10) days of the Contractor's receipt of a request therefor {but the Owner's request for a lump sum proposal shall not be deemed an election by the Owner to have the Change in the Work performed on a lump sum basis). The Contractor's proposal shall be completely and fully itemized and segregated by labor and materials for the various components of the Change to the Work (no aggregate labor total will be acceptable) and shall be accompanied by signed, itemized proposals of any Subcontractors or Sub-Subcontractors who will perform any portion of the Change in the Work, and of any Suppliers who will furnish materials or equipment for incorporation therein. t,Ih~m;g.R9",~~hl~h~tli9L~q~D'CIQa~(at1i~Ili:f~ ~~J[~JfOtadmcli.iI,mg~l€l~g~st12~~~.!t~.ng~~t!JjJlt~~@Jr~:rGJp!;t~I~!g.t,~mEinJ[{)fftl1era(jait \tiiTle~'iffaoy: required to perform said Changes; and, if a time extension is requested, a justification therefor in compliance with Article 8 and Article 13 hereof. The portion of the proposal relating to labor, whether by the Contractor's forces or the forces of any of his Subcontractors, may include reasonably anticipated gross wages of job site labor, including foremen, who will be directly involved in the physical work anticipated by the Change in the Work {for such time as they will be so involved}, plus payroll costs (including premium costs of overtime labor, if overtime is anticipated, Social Security, insurance, Federal or State unemployment insurance taxes and fringe benefits required by collective bargaining agreements entered into by the Contractor or any such Subcontractor in connection with such labor) l€!l1Jjl&'PltQlfl!l~J;iT[~~qQ,tim1.9P4l.)rqf.(~!d&t!) ~D!l91~~~1:~LQJrs~~]~IW; Qi~~~~,~gJj~Y1;9.U,l&_c;i~t~:.~~~~~~2!!'~~~eL2tltj for the Contractor or any such SubcontraCfo'r, as applicable (said overhead and profit includes all supervision except foremen). The portion of the proposal relating to materials may include the reasonably anticipated direct costs to the Contractor or to any of his Subcontractors of materials to be purchased for incorporation in the Change in the Work, plus transportation and applicable sales or General Conditions of the Contract for Construction 00 72 00-81 GENERAL CONDITIONS '.). .... 12.2.6.1 12.2.6.2 ) 12.2.7 12.2.8 ) thereof as the. total overhead and profit. Contractor shall be entitled to a markup for overhead and profit in an amount of up to six percent (6%) of the amount which Contractor will pay to any of his Subcontractors for the Change in the Work. The Contractor shall submit to the Construction Program Manager daily time and material tickets, that include the identification number assigned to the Change in the Work, the location and description of the Change in the Work, the classification of labor employed (and names and social security numbers), the materials used, the equipment rented (not small or expendable tools) and such other evidence of cost as the Owner may require. Contractor agrees that his failure to submit time and material tickets for a particular day within twenty-four (24) hours thereof shall constitute a waiver by him of any claim for labor and material costs for that day. . Contractor shall secure authentication of all time and material tickets and invoices if so required by the Construction Program Manager. The Owner shall designate the persons who are authorized to perform such authentication. The failure of the Contractor to secure any required authentication shall, if the Construction Program Manager elects to treat it as such, constitute a waiver by the Contractor of any claims for the cost of that portion of the Change in the Work covered by a non-authenticated ticket or invoice; provided, however, that the authentication of any such ticket or invoice, or the signing, acknowledgment or receipt thereof by the Construction Program Manager, shall not constitute an agreement by the Construction Program Manager that the items thereon were reasonably required for or solely related to the Change in the Work. Owner shall not be liable to Contractor for time and materials costs which arise or are incurred because of the negligence of or defective or non-conforming work of Contractor or any Subcontractor; because of Contractor's failure to properly supervise the Work or to properly schedule or coordinate the Work; or because of Contractor's failure to comply with any requirements of the Contract Documents. Until such time as the Owner makes his election under this Paragraph 12.2, Contractor shall submit daily time and material tickets and invoices to the Construction Program Manager as required under Subparagraph 12.2.6 (which receipt by the Construction Program Manager shall not be deemed an election by Owner to have. the Change performed on a time and material basis), which shall be subject to authentication as therein provided. At such time as the Owner makes his election under this Paragraph 12.2, an appropriate Change Order will be initiated, it being understood and agreed that said Change Order shall be a condition precedent to any payment to the Contractor on account of the Change in the Work; provided, however, that if the Owner elects to have the Change in the Work performed on a time and material basis, then it may, pending final determination of the cost, allow Contractor to include portions of the cost in his Applications for Payment, in which event the Owner shall, upon approval of said Applications for Payment, make payments on account thereof (such payments shall not exceed, in the aggregate, the Owner's determination of the cost of the Change in the Work). In the event that the parties are unable to agree as to the reasonable cost and any extension required to Specific Dates or the Contract Time, for the performance of the Change to the Work based upon the Contractor's Proposal, and the Construction Program Manager and Owner do not elect to have the Change performed on a time and material basis, the Owner and Construction Program Manager shall have the discretion to issue a Change Order directing Contractor to proceed with the performance of the Change in the Work. The Owner and Construction Program Manager shall thereafter make a determination of the reasonable cost and additional time, if any, necessary for performance of the Change, based upon their own estimates and the Contractor's submission or a combination thereof. A Change Order shall be issued for the amounts of General Conditions of the Contract for Construction 00 72 00-83 GENERAL CONDITIONS ') 12.5 12.5.1 12.5.1.1 12.5.1.2 12.5.2 ') 12.6 12.6.1 12.6.1.1 ) days prior to the receipt by Construction Program Manager of the Notice required under this Paragraph 12.4. DISPUTES REGARDING CHANGES If any dispute should arise between the Owner and Contractor with respect to' an increase or decrease in the Contract Sum or in the time of completion of a portion of the Work by a Specific Date or the Contract Time, as a result of a Change in the Work, Contractor shall not suspend performance of a Change in the Work or the Work itself unless otherwise so ordered by the Construction Program Manager in writing. The Owner shall pay to the Contractor up to the Construction Program Manager's reasonable estimated value of the Change in the Work,regardless of the dispute, if said Changes in the Work, in the opinion of the Owner, results in an increase in the Contract Sum; and the Owner shall have the right to decrease the Contract Sum by the Construction Program Manager's reasonable estimated value of the Change in the Work, regardless of the dispute, if said Change in the Work results in a decrease in the Contract Sum. If a Change in the Work will result in an increase or decrease in the time required for the completion of any portion of the Work by a Specific Date or by the Contract Time, and the parties are unable to agree as to the number of days by which the Contract Time or any Specific Date will be adjusted, then the Owner and Construction Program Manager shall proceed in accordance with Subparagraph 12.2.8 hereof. The actions and determinations of Owner under Subparagraphs 12.5.1.1 and 12.5.1.2 shall be' final and binding upon Contractor and any of his Subcontractors, Sub-subcontractors and Suppliers, as provided in Subparagraph 7.8.3 hereof, unless Contractor gives written Notice to the Construction Program Manager within seven (7) days of such actions or receipt by Contractor of such determinations of the Owner and fully complies with the requirements of the Contract Documents, including but not limited to this Article 12 and Paragraph 7.8 hereof. COST OF THE WORK For the sole purpose of the administration of Changes pursuant to this Article 12, the term "Cost of the Work" means the sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may, subject to the provisions of Subparagraph 12.6.2.1, include superintendents and foremen employed full-time at the site who directly supervise the installation of the Work (but shall not include the Project Manager or Project Engineer). The expenses of performing Work after regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above only to the extent authorized in writing by Construction Program Manager; General Conditions of the Contract for Construction 00 72 00-85 GENERAL CONDITIONS ) 12.6.2 12.6.2.1 ) 12.6.2.2 12.6.2.3 12.6.2.4 12.6.2.5 12.6.2.6 12.7 12.7.1 J and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and Contractor is placed in charge thereof, Contractor shall be compensated therefor by Change Order; .7 The cost of utilities, fuel, and sanitary facilities at the site; .8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, express mail service and similar petty cash items in connection with the Work; and .9 Cost of premiums for additional Bonds and insurance required because of Changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by Owner in accordance with the Contract Documents. The term "Cost of the Work" shall not include any of the following: Payroll costs and other compensation of Contractor's officers, executives, principals (of a partnership or sole proprietorships), general managers, project managers, project engineers, architects, engineers, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the site or in Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Subparagraph 12.6.1.1, are to be considered administrative costs which are encompassed within the overhead/profit percentage markup allowed Contractor under this Contract; Expenses of Contractor's principal and branch offices other than Contractor's office at the site, including, but not limited to, costs of or changes or additions to Contractor's computer hardware or software; Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Wor~ and charges against Contractor for delinquent payments; Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintains the same (except for the cost of premiums covered by Subparagraph 12.6.1.5.9 above); Costs due to the negligence of Contractor, any Subcontractor, Sub-Subcontractor or Supplier or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly applied and making good any damage to property; and Other indirect, overhead or general and administrative expenses or costs of any kind and the costs of any item not specifically and expressly included in Paragraph 12.6. GENERAL PROVISIONS RELATED TO CHANGES For Changes in the Work, Contractor shall not be entitled to any amount for indirect costs, including, but not limited to, so-called "impact" costs, labor inefficiency, extended home office overhead, wage, material or other escalations beyond the prices upon which the proposal is based and to which the parties have agreed pursuant to the provisions of Article 12, and which the Contractor, his Subcontractors or Sub-subcontractors or any General Conditions of the Contract for Construction 00 72 00-87 ") If ~.1.4 I 13.1.1.5 13.1.1.6 13.1.1.7 13.1.1.8 13.1.1.9 ) 13.1.1.10 '13.1 .1 .11 13.1.1.12 13.1.1.13 13.1.1.14 13.1 .1 .15 13.1.1.16 ) 13.1.1.17 GENERAL CONDITIONS Interim Project Construction Schedule: The detailed 90~day "look-ahead" CPM Project Construction Schedule prepared by the Contractor as a prelude to the Project Construction Schedule. This Schedule is required for the Contractor to receive payment for work performed during the first 60 days of the Project. The purpose of this schedule is to give the Contractor adequate time to plan and schedule all of the work for the Project, while they are mobilizing and beginning to perform work. . Master Project Schedule: A schedule prepared by the Owner to track all activities of the entire Project. Updated Project Construction Schedule: The Project Construction Schedule prepared each month by the Contractor in support of their request for payment. Revised Project Construction Schedule: The Project Construction Schedule that has been changed by the Contractor, during the course of Construction, and approved by the Owner. The Revised Project Construction Schedule may include changes in logic, changes in the durations of the activities, changes in the sequencing of the work, and fragnets. Recovery Project Construction Schedule: The Project Construction Schedule prepared by the Contractor to support their efforts to recover lost time during the Project. CPM (Critical Path Method): Critical Path Method (CPM) is a system for planning, scheduling, controlling, and monitoring progress on a Project. The CPM system uses networks of activities interrelating time and dollars to monitor progress on Projects. CPM uses network analysis to identify those tasks, which are on the critical path, where any delay in the completion of these tasks will lengthen the project timescale. unless action is taken. The system provides a means of evaluating delays and impacts caused by changes and delays attributed to Owners and Contractors. . Critical Path: The longest continuous sequence of activities through the network schedule that establishes the minimum overall project duration and contains no float. Activity: An activity is defined as any portion or element of work, action, and/or reaction that is precisely described, readily identifiable and is a function of a logical sequential process. Critical Activity - Activities on the Critical Path. They must start and finish on the planned start and finish dates, otherwise there will be a delay in the completion of the Project. Predecessor Activity - an activity that must be completed before a given activity can be started. Successor Activity - an activity that succeeds another activity. Float: Any activity not on the critical path will have a certain amount of leeway or float time associated with it. Float time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities in Project Construction Schedule. Float Time is the amount of time that an activity can slip past its duration without delaying the rest of the project. Fragnet: The subdivision of a project network diagram into segments, usually representing some form of subproject (change). Milestone: A clearly identifiable point in a project or set of activities that commonly denotes a reporting requirement or completion of a key component of a project. General Conditions of the Contract for Construction 00 72 00-89 GENERAL CONDITIONS ) 13.2.9.1 13.2.10 13.2.11 13.2.12 ) 13.2.13 13.2.14 ) When there are separate contractors working concurrently on the Project whose work must interface or be coordinated with the Work of Contractor, Contractor shall coordinate his activities with the activities of the separate contractors and shall, prior to the submission of his Construction Schedule to the Construction Program Manager, obtain written approval of his Construction Schedule by the separate contractors. If Contractor is unable to obtain such written approval by the separate contractors after his best efforts to do so, or if a conflict occurs that cannot be resolved by mutual agreement between Contractor and any separate contractor, the Construction Program Manager shall make a determination of the schedule which shall be binding upon Contractor and the separate contractors. Not Used. Float time is not for the exclusive use or benefit of ether the Contractor or the Owner. The Contractors work shall proceed according to early start dates, and the Owner shall have the right to reserve and apportion float time according to the needs of the project. The Contractor acknowledges and agrees that actual delays, affecting paths of activities containing float time, will not have any affect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. Owner will provide the services of the Construction Program Manager at no cost to the Contractor, for the basic drafting and computerization of Contractor's data for Contractor's initial Construction Schedule, in accordance with the requirements of this Contract, provided Contractor's data is submitted in a form or format acceptable to Construction Program Manager. For any additional services performed by Construction Program Manager for Contractor, the Contractor will pay the Owner for the cost of such services. To carry out the intent of this Article 13, Contractor agrees that the orientation session, as described in Subparagraph 13.3.3, the provision of drafting and computerization services by Owner, through the Construction Program Manager, and the reasonable exercise of any rights under this Article 13 by the Construction Program Manager shall not be grounds for any claim by Contractor or any of his Subcontractors or Sub~subcontractors of alleged interference, lack of cooperation, delay, disruption, negligence or hindrance by Owner or Construction Program Manager, and Contractor covenants not to sue therefor. It is understood and agreed by the Contractor that the Construction Schedule is to represent Contractor's best plan and estimate for the Work; however, Contractor aCknowledges that the Interim Project Construction Schedule and the Project Construction Schedule may have ~o be revised from time-to-time as progress proceeds. Contractor further acknowledges and agrees that the ,Owner and Construction Program Manager do not guarantee that: (1) Contractor can start work activities on the "early start" or "late start" dates or complete work activities on the "early finish" or "late finish" dates shown in the schedule, or' as same may be updated or revised; (2) Contractor can proceed at all times in the sequence established by the Construction Schedule, or that Contractor can rely upon the utilization of only the resources and manpower he initially plans for the performance of the Work; (3) Contractor's Construction Schedule will not have to be modified in order to obtain the agreement of any separate contractors to the schedule; or (4) Contractor's Construction Schedule will not have to be modified or changed by direction of the Construction Program Manager as provided in this Article 13. Any changes, modifications or adjustments made by Contractor to the Construction Schedule shall be in full compliance with all requirements of the Contract Documents. If the Contractor's Interim Project Construction Schedule and the Project Construction Schedule indicates that the Owner or a separate Contractor is to perform an activity by a specific date, or within a certain duration, the Owner or any separate Contractor under contract with Owner shall not be bound to that date or duration unless the Owner General Conditions of the Contract for Construction 00 72 00-91 ) 13.2.19 13.2.20 ) 13.2.21 13.2.22 ) GENERAL CONDITIONS It is understood and agreed that should Construction Program Manager provide Contractor, at Contractor's request, with any services, advice or counsel relating to the scheduling or coordination of the Work or any other matter that: (1) Owner and Construction Program Manager shall not be liable to Contractor for any errors, omissions, negligence or deficiencies which may in any way occur because of same; (2) such services, advice or counsel are provided solely as aids in the development by Contractor of a representation of Contractor's actual construction plan and schedule in accordance with the requirements of the Contract Documents, and Owner and Construction Program Manager shall not be liable to Contractor should Contractor rely on such services, advice or counsel to his detriment; (3) such services, advice or counsel shall not relieve Contractor of any responsibility under Article 4 hereof for all construction means, methods, techniques, sequences and procedures and for planning,' scheduling and coordinating all portions of the Work; and (4) any services provided by the Construction Program Manager or the lack or alleged untimeliness thereof will not in any way take the place of or relieve the Contractor of full responsibility for compliance with all requirements of the Contract Documents, including, but not limited to the obligation to complete the Work within the Specific Dates stated elsewhere in Contract Documents. Approval or acceptance by the Owner or Construction Program Manager of the Contractor's Construction Schedule, or any revisions or updates thereto, is advisory only and shall not relieve the Contractor of the responsibility for accomplishing each portion of the Work within each and every applicable Specific Date. Omissions and errors in the approved or accepted Construction Schedule, or any revisions or updates shall not excuse performance which is not in compliance with the Contract. Approval by the Owner or Construction Program Manager in no way makes the Owner, Construction Program Manager or Design Consultant an insurer of the reliability, accuracy or feasibility of the Construction Schedule- nor liable for time or cost overruns flowing from such omissions or errors. It is understood and agreed that Contractor cannot rely upon any informal or constructive acquiescence or approval of the Construction Schedule by Owner or Construction Program Manager; absent a specific agreement in writing, signed by the Owner, Contractor is on notice that no representative, agent or employee of Owner or Construction Program Manager or Design Consultant has any right or power to agree to any schedule commitment or obligation on the part of Owner or Construction Program Manager except as set forth expressly in the Contract Documents. Should Contractor intend or plan to complete the Work, or any portion thereof, earlier than any applicable Specific Date or the Contract Time, Contractor shall give timely and reasonable Notice of this fact to Construction Program Manager. Owner shall have the sole discretion to agree to or reject such early completion plan by Contractor. Owner, Construction Program Manager and Design Consultant shall have no duty or obligation to agree to, orto cooperate with Contractor regarding any early complet[on plan or proposal by Contractor and shall not be liable for any damages of Contractor because of the rejection by Owner of said plan. Unless otherwise specifically provided in the Contract Documents, Contractor acknowledges that Owner, Construction Program Manager and Design Consultant have contemplated in their planning and initial scheduling of the Project, and in their budgeting for professional services, that the Work will be performed on a 5-day work week basis, utilizing a single 8-hour shift per day. Owner and Construction Program Manager shall have the sole discretion of approving or rejecting a variance in the work week, number of shifts, or shift length: Unless otherwise agreed by Owner or the Construction Program Manager, Contractor shalf bear the cost of, and pay the Owner, for additional staff and supervisory personnel, including but not limited to the services of Construction Program Manager and the Design Consultant, and inspectors of any public authority having jurisdiction of the Work, necessary to support any variance in the contemplated work week, number of shifts or shift length. General Conditions of the Contract for Construction 00 72 00-93 -) 13.3.3.1 13.3.3.2 13.3.4 ) 13.3.4.1 13.3.4.2 13.3.4.2.1 13.3.4.2.2 13.3.4.2.3 13.3.4.2.4 13.3.4.2.4.1 ) 13.3.4.2.4.2 GENERAL CONDITIONS session will normally be held within three (3) days after the date of the Notice to Proceed or the Notice of Award of Contract by Owner (whichever occurs first) and will be conducted by the Construction Program Manager. Contractor shall arrange for his project manager and superintendent(s), major Subcontractors' and Suppliers, and any scheduling consultants that he may employ, to attend the orientation session. Among other things, the Construction Program Manager will review: the objectives of the Schedules and Reports requirements; the procedures and requirements for the preparation of the Construction Schedule by Contractor; how the requirements of the Contract Documents will be monitored and enforced by the Construction Program Manager; long-lead items and time requirements for Work by Subcontractors will be identified. It is understood and agreed that the Construction Program Manager has no authority to waive any requirements of the Contract Documents at this orientation meeting, and all requirements of the Contract Documents remain applicable to Contractor's Work whether or not discussed at this session. Should Contractor or his principal Subcontractors and Suppliers fail or refuse to attend this orientation session, Owner shall have the right to terminate Contractor for default pursuant to the provisions of Article 14. The Contractor shall, within fourteen (14) calendar days following receipt of the Notice to Proceed, submit to the Owner an Interim Project Construction Schedule, in Critical Path Method format (or CPM), for his construction/erection scope of work for the first 90-days of the Project, compatible in Primavera P3 format. The Owner will review the Contractor's Interim Project Construction Schedule to determine if it is consistent with the _ Contract Documents.. The Contractor shall, within sixty (60) calendar days following the receipt of the Notice-to-Proceed, submit to the Owner the Project Construction Schedule in the same format indicated above. The Owner will review the Contractor's Project . Construction Schedule to determine if it meets the specific requirements of the required Date of Substantial Completion. The form of submittal for the Interim Project Construction Schedule and the Project Construction Schedule including logic diagrams is as follows: The Contractor shall submit to the Owner a computer disk in Primavera P3 or compatible format of his proposed contract activities. The Interim Project Construction Schedule and the Project Construction Schedule shall consist of a network diagram with activity descriptions and durations and supporting data that will explain the Contractor's planning of the work and provide cost allocation and resource estimates for each activity. The network diagram shall show: The order and interdependencies of the Contractors activities and the major points of interface or interrelation with the activities of others. including Specific Dates for completion. Conformance with and identification of the specified mandatory Milestone dates, if any, specified in the Contract Documents. - The description and quantity of work by activity. For all equipment and materials fabricated or supplied for this Project, the network shall show a sequence of activities including: Procurement Engineering and Preparation of Submittals General Conditions of the Contract for Construction 00 72 00-95 GENERAL CONDITIONS ') 13.3.5.15 13.4 13.4.1 j 13.4.2 13.5 ') .13.5.1 13.5.1.1 13.5.1.2 13.5.2 ) For each activity, the number of man-hours required to compete each activity. REVIEW OF INTERIM CONSTRUCTION PROJECT SCHEDULE AND THE CONSTRUCTION SCHEDULE The Owner will review the Contractor's Interim Construction Project Schedule and the Construction Project Schedule, including logic diagrams and computer-generated mathematical analysis, for compatibility with the Contract Documents. If required, a meeting will be held between the Owner and Contractor to resolve any conflicts between the Contractor's Interim Project Construction Schedule and/or the Project Construction Schedule and the Contract Documents. The Contractor shalf revise his schedule as required by the Owner to support the Contract Documents and shall submit his revised schedule to the Owner within fourteen (14) days. Within fourteen (14) calendar days following acceptance of the Interim Project Construction Schedule or the Project Construction Schedule, the Contractor will provide two (2) copies of the Contractor's Interim Project Construction Schedule or the Project Construction Schedule and a computer listing of all network activities, and an electronic file copy on a disk (3-1/2" floppy, zip-disk, or CD) to the Owner. The Owner shall review the Interim Project Construction Schedule or the Project Construction Schedule, and after the Owner agrees that it conforms to the Contract Documents, the Contractor's Interim Project Construction Schedule or the Project Construction Schedule will be used to monitor progress of the work and support requests for payment. DRAFT OF CONSTRUCTION SCHEDULE Within fifteen (15) days of the orientation session, (even though Contractor may not have completed Subcontractor negotiations and executed subcontracts) the Contractor, in consultation with the Construction Program Manager, shall complete a draft of his time-scaled network graphic. Except for procurement requirements, Contractor shall differentiate activities of the schedule so that no single activity shown has a duration longer than fourteen (14) calendar days, unless the Construction Program Manager, in his sole discretion, shall approve a longer duration for certain activities. The Construction Schedule shall represent the Contractor's best jUdgment and intended plan for completion of the Work in compliance with Specific Dates listed in the Contract Documents and the Contract Time. The Construction Schedule shall take into account all foreseeable activities to be accomplished by any separate contractors, and interface dates with utility owners, the Owner's operations and others. The Construction Schedule shall anticipate all necessary manpower and resources to accomplish the activities within the durations set forth in the Construction's Schedule. Construction Program Manager shall have the right to require the Contractor to modify any Contractor data or any portion of the Contractor's Construction Schedule or Recovery Schedule, as herein required, with Contractor bearing the expense thereof, which the Construction Program Manager reasonably determines to be; (1) impracticable; (2) based upon erroneous calculations or estimates; (3) unreasonable; (4) not in compliance with Paragraph 4.11 of the General Conditions; (5) required in order to ensure proper coordination by Contractor of the Work of his Subcontractors and with the work or services being provided by any separate contractors; (6) necessary to avoid undue interference with the Owner's operations or those of any utility owners or adjoining property owners; (7) necessary to ensure completion of the Work by the Specific Dates set forth in the Contract Documents; (8) required in order for Contractor to comply with General Conditions of the Contract for Construction 00 72 00-97 ~') }t501 13.6.5.2 13.6.5.3 13.6.6 13.6.7 13.6.8 13.6.9 13.7 13.7.1 ) 13.7.2 13.7.3 13.7.4 ) 13.8 GENERAL CONDITIONS Dates for submittals, ordering, manufacturing, or fabricating, and delivery of equipment and materials. Long lead items requiring more than one month between ordering and delivery to site shall be clearly noted. All significant activities to be performed by the Contractor during the fabrication and erection/installation in a Contractor's plant or on a job site, including materials/ equipment purchasing. The Contractor's drawings and submittals to be prepared and submitted to the Owner. The Contractor shall be solely responsible for expediting the delivery of all material they intend to furnish, so that the construction progress shall be maintained according to the current schedule for the Work as approved by the Owner. The Contractor shall advise the Owner, in writing, whenever they anticipate that the delivery date of any material and/or equipment furnished by the Contractor for installation will be later than the delivery date shown on the schedule, subject to schedule updates... Submittals, equipment orders and similar items are to be treated as schedule activities, and shall be given appropriate activity numbers. The Contractor, in developing his Off-Site and procurement schedules, will confirm and verify that the off-site activities do not control the Critical path of on-site activities. CONSTRUCTION SCHEDULE CONTENT The Construction Schedule shall consist of a time-scaled, detailed network graphic representation of all activities which are part of the Contractor's construction plan and an accompanying computerized mathematical analysis of these activities. The graphic network shall include, but not be limited to, the following information: (1) Project name; (2) activities of completed Work ready for use by next trade, Owner, etc; (3) activities relating to different areas of responsibility, such as subcontracted Work which is distinctly separate from that being done by the Contractor directly; (4) different categories of Work as distinguished by craft or crew requirements; (5) different categories of Work as distinguished . by equipment requirements; (6) different categories of Work as distinguished by materials; (7) distinct and identifiable subdivisions of Work such as structural slabs, beams, columns; (8) locations of Work within the Project that necessitates different times or crews to perform; (9) outage schedules for existing utility services that will be interrupted during the performance of the Work; (10) acquisition and installation of equipment and materials supplies and/or installed by the Owner or separate contractors; (11) material tobe stored on site; and (12) Specific Dates. For all major equipment and materials to be fabricated or supplied for the Project, the Construction Schedule shall show a sequence of activities including: (1) preparation of shop drawings and sample submissions; (2) a reasonable time for review of shop drawings and samples or such time as specified in the Contract Documents; (3) shop fabrication, delivery, and storage; (4) erection or installation; and (5) testing of equipment and materials. The Construction Schedule shall include late completion dates for the Work that are no later than the required Specific Dates. The time-scaled graphic network shall be drawn based upon the early start dates of activities shown on the graphic. All activity durations shall be given in calendar days. CONTRACTOR APPROVAL AND CERTIFICATION General Conditions of the Contract for Construction 00 72 00-99 ') 13.9.4 13.9.5 f 13.9.6 13.9.7 ') 13.9.7.1 13.9.7.1.1 13.9.7.2 13.9.7.2.1 ) ~ GENERAL CONDITIONS The progress report of Contractor shall show the activities, or portions of activities, completed during the reporting period, the actual start and finish dates for these activities, remaining durations and/or estimated completion dates for activities currently in progress. The Construction Program Manager will produce a computerized update work sheet for the Contractor to complete as a part of this process. Contractor shall submit a narrative report with the updated progress analysis which shall include, but not be limited to, a description of problem areas, current and anticipated delaying factors and their impact, explanations of corrective actions taken or planned, any newly planned activities or changes in sequence, and proposed logic for a Recovery Schedule, if required, as further described herein. The report shall also include: (1) a narrative describing actual Work accomplished during the reporting period; (2) a list of major construction equipment used on the Project during the reporting period and any construction equipment idle during the reporting period; (3) the total number of men by craft actually engaged in the Work during the reporting period, with such total stated separately as to office, supervisory, and field personnel; (4) a manpower and equipment forecast for the succeeding thirty (30) days, stating the total number of men by craft, and separately stating such total as to office, supervisory and field personnel; (5) a list of Contractor-supplied materials and equipment, indicating current availability and anticipated jobsite delivery dates; and (6) changes or additions to Contractor's supervisory personnel since the preceding progress report. The Construction Program Manager will provide initial computer reports and Final Monthly Update Reports thereafter, in accordance with the following minimum information for each activity sorted by activity number, by remaining float (from the least to the most), and by late start date, in chronological order: Schedule Reports: Initial and subsequent Schedule Reports will contain the following minimum information for each activity: (1) activity number, activity codes, description and estimated duration in days; (2) early and late start dates (or Actual if in Progress or Completed); (3) early and late finish dates (or Actual if in Progress or Completed); (3) percentage of each activity completed as of the previous report (Proposed Current % of Activity Completed); (4) remaining duration as of Previous Report; (5) proposed current remaining duration; (6) remainingfloaUdays behind schedule; and (7) responsibility for activity. Actual start and finish dates shall be indicated for each activity, as appropriate. Dummies and completed activities will be omitted from remaining Float and Late Start Sorts. Cost Reports: Initial and subsequent Cost Reports will include the following information for each activity, sorted by trade activity: (1) activity number, code, and description; (2) percentage of value of Work in place against total value; (3) total cost of each activity; (4) value of Work in place since last report; (5) value of Work in place to date; (6) value of uncompleted Work since last report; and (7) value of uncompleted work. The information provided in this report will be used to support the pay application submitted by the Contractor. As part of the updating process, the Construction Program Manager's computer will calculate, based upon progress data provided by Contractor and agreed to by the Construction Program Manager, the value of Work done for each activity based on percentage complete for each activity less that amount previously paid for past percentages completed. Summation of all values of each activity less the appropriate percent of retainage shall be the amount payable to the Contractor, provided that Contractor has complied with all requirements of the Contract Documents. General Conditions of the Contract for Construction 00 72 00-101 ) 13.10 13.10.1 13.11 13.11.1 13.11.2 ) 13.11.3 13.11.4 13.12 13.12.1 ) GENERAL CONDITIONS INITIAL PROGRESS PAYMENT The completed Construction Schedule will be required for each Application for Payment. However, one initial provisional progress payment may be payable in the sole discretion of the Construction Program Manager if he determines the Contractor is complying with this Article 13 during the development of the Construction Schedule as required herein. However, no more than one Application for Payment will be approved until all of the requirements of this Article 13 have been met. NETWORK REVISIONS Should the Contractor, after approval of the Initial Project Construction Schedule, desire to change his plan of Construction, he shall submit his requested revisions to the Owner along with a written statement of the revisions including a description of the logic for rescheduling.the work, methods of maintaining adherence to intermediate milestones and Specific Dates and the reasons for the revisions. The Contractor shall revise his Project Construction Schedule to include the effect of Changes, acts of God or other conditions or events that have affected the network. If the requested changes are acceptable to the Own~r, the Contractor will incorporate them into the Project Construction Schedule" in the next reporting period. When the Owner orders changes by Change Order which have .the potential to impact the Milestone Dates as set forth in the General and Supplemental Conditions, or as determined elsewhere in the contract documents, the Contractor shall prepare a Network (fragnet) and provide it to the Owner for concurrence or revision as the Owner deems necessary. After the network has been mutually agreed upon, the Contractor will incorporate it into the Project Construction Schedule. Change Order logic will affect only those activities and performance dates directly concerned. Adjustments in scheduled intermediate Completion Dates or for the Contract as a whole, will be considered only to the extent that there is insufficient remaining float to absorb these changes. Any Change to the approved Project Construction Schedule must be approved in writing by the Owner. Neither the updating or revision of the Project Construction Schedule nor the submission, updating, change or revision of any report or schedule submitted to the Owner by the Contractor under this Section nor the Owner's review or concurrence of any such report or schedule shall have the effect of amending or modifying, in any way, the Contract Time, any Contract Completion Date, or Contract Milestone Dates or of modifying or limiting in any way the Contractors obligations under this Contract. RECOVERY SCHEDULE Should the updated Construction Schedule, at any time during Contractor's performance, show, in the sole opinion of the Construction Program Manager that the Contractor is fourteen (14) or more days behind schedule for any Specific Date, or in the opinion of the Owner are in jeopardy, or should Contractor be required to undertake actions under Paragraph 4.12 hereof, the Contractor shall prepare and submit to the Owner a supplementary Recovery Schedule at no additional cost to the Owner (unless the Owner is solely responsible for the event or occurrence which has caused the schedule slippage), in a form and detail appropriate to the need, explaining and displaying how Contractor intends to reschedule his Work in order to regain compliance with the Project Construction Schedule during the immediate subsequent pay period. General Conditions of the Contract for Construction 00 72 00-103 ) . 13.13.1 13.13.2 13.13.3 13.13.4 13.14 ) 13.14.1 13.14.2 13.15 ) 13.15.1 GENERAL CONDITIONS Should Contractor desire to or be otherwise required under the Contract Documents to make modifications or changes in his method of operation, his sequence of Work or the durations of the activities in his Construction Schedule, he shall do so in accordance with the requirements of this Article 13 and the Contract Documents. Revisions to the approved Construction Schedule must be approved in writing by the Construction Program Manager. Contractor shall submit requests for reVISions to the Construction Schedule to the Construction Program Manager, together with written rationale for revisions and description of logic for rescheduling work and maintaining the Specific Dates listed in the Contract Documents. Proposed revisions acceptable to the' Construction Program Manager and Owner will be incorporated into next update of Construction Schedule. Contractor shall pay the Owner for costs incurred by the Construction Program Manager for the revisions. If there are separate contractors on the Project, prior to the submission by the Contractor of his proposed schedule revisions, he shall meet with and gain written approval of the separate contractors to make the revisions which shall be evidenced by the signatures of said separate contractors on the proposed schedule revisions. If accepted by the Construction Program Manager and Owner the revisions shall be binding upon Contractor and all separate contractors on the Project. In submitting any proposed schedule revisions to the Construction Program Manager, Contractor shall submit therewith the following certification: FLOAT TIME Float or slack time associated with one chain of activities is defined as amount of time between earliest start date and latest start date or between earliest finish date and latest finish date for such activities, as calculated as part of the Construction Schedule. Float or slack time shown on the Construction Schedule is not for exclusive use or benefit of either the Owner or the Contractor and is available for use by either of them according to whichever first needs the use or benefit of the float to facilitate the effective use of . available resources and to minimize the impact of Project problems, delays or Changes in the Work which may arise during performance. Contractor specifically agrees that float time may be used by the Owner or Construction Program Manager in conjunction with their review activities or to resolve Project problems. Contractor agrees that there will be no basis for any modification of the Specific Dates or an extension of the Contract Time, or a claim for additional compensation as a result of any Project problem, Change Order or delay which only results in the loss of available positive float on the Construction Schedule. . Float time shown on the Construction Schedule shall not be used arbitrarily by Contractor in a manner which, in the opinion of the Construction Program Manager, unnecessarily delays separate contractors from proceeding with their work in a way which is detrimental to the interests of the Owner. If Contractor refuses to perform Work which is available and necessary to be performed in order to not delay any separate contractors, the Owner may, regardless of the float shown on the Construction Schedule to be available for the path of activities which encompasses said Work, terminate the Contractor for default pursuant to Paragraph 14.3 hereof. REQUESTED TIME ADJUSTMENT SCHEDULE The Updated Project Construction Schedule submitted by Contractor shall not show a completion date later than the Contract Time, subject to any time extensions approved by General Conditions of the Contract for Construction 00 72 00-105 ) 13.16.4 13.16.5 13.17 13.171 j 13.18 13.18.1 13.18.1.1 ) 13.18.1.2 13.18.1.3 13.18.2 13.18.3 ) GENERAL CONDITIONS an unreasonable delay In the Contractors work, in which case the provisions of the General Conditions. regarding extensions of time and extra work shall apply. The Contractor shall keep himself, and his Subcontractors, advised at all times during the course of the work regarding the delivery status of the Owner-furnished equipment and materials and of the progress of construction work being performed under separate contracts. The Owner will, upon written request by the Contractor, furnish information that may be available to the Owner.:. CONTRACTOR'S ORGANIZATION Contractor shall maintain as part of his organization, or hire a Subcontractor with, a competent staff of sufficient size who are knowledgeable in the use, application of Scheduling Application and implementation of CPM as required by the Contract Documents. It shall be the responsibility of this staff to prepare input information for the Project Construction Schedule, monitor progress, provide input for updating and revising logic diagrams when necessary and otherwise assist the Contractor in fulfilling his obligations hereunder. CONTRACTOR COVENANTS AND GUARANTEES The Contractor covenants and guarantees that the Contractor will not: Misrepresent to the Owner its planning scheduling or execution of the work. Utilize schedules materially different from those made available by the Contractor to the Owner or any Subcontractor or separate the Contractors for the directions execution and coordination of the Work, or which are not feasible or realistic. Prepare schedules, updates, revisions or reports for the work which do not accurately reflect the actual intent or reasonable and actual expectations of Contractor and its Subcontractor as to: (1) the sequences of activities; (2) the duration of activities; (3) the responsibility of activities; (4) resources availability; (5) labor availability or efficiency; (6) foreseeable weather conditions; (7). the value associated with the activity; (8) the percentage complete of any activity; (9) completion of any item of work or activity; (10) project milestone completion; (11) delays, slippage's, or problems encountered or expected; (12) subcontractor requests for lime extensions or delay claims of Subcontractors; and (13) if applicable, the float time available. The Contractor's failure to substantially comply with the foregoing covenant and guarantee shall be a substantial and material breach of contract which will permit the Owner to terminate the Contract for default, or withhold payments under the Contract Documents, and shall entitle the Owner to the damages afforded for misrepresentation or fraud by these Contract documents or applicable law. . Should the Contractor fail to substantially comply with the provisions of the Contract documents relating to planning and scheduling the work by the Project Construction Schedule, and the Owner shall have the right, at their option, to retain the services of scheduling consultants or experts (including attorneys if necessary, in their opinion) to prepare a schedule in accordance with the Contract Documents and to review and analyze same, in order to allow the Owner to evaluate the program of the Work by the Contractor, to determine whether the Contractor is substantially complying with the contract Documents, and to direct such action on the part of the Contractor, as permitted by the Contract Documents, as required to ensure, under the Owner's schedule prepared General Conditions of the Contract for Construction 00 72 00-107 ) .1 .2 .3 )' 14.3.2 14.3.3 14.3.4 14.3.5 ) GENERAL CONDITIONS If the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will ensure the completion of the Work by the Specific Dates or within the Contract Time; If the Contractor is in material default in carrying out any provisions of the Contract for a cause within his control; If the Contractor fails to supply a sufficient number of properly skilled workmen or proper equipment or materials that will ensure timely completion of the Work, or any portion thereof by any Specific Date; .4 If the Contractor fails to make prompt payment to Subcontractors. or Sub-Subcontractors or to Suppliers for materials or labor, unless he otherwise provides the Owner satisfactory evidence that payment is not legally due; .5 If the insolvency, bankruptcy or financial condition of Contractor will hinder or impede the Contractor's fulfillment of all contractual obligations, including completion by the Specific Dates and the Contract Time; .6 If the Contractor disregards laws, permits, ordinances, codes, rules, regulations or orders of any public authority having jurisdiction, or fails to follow the instructions of the Owner or Construction Program Manager; .7 If the Contractor refuses or fails to properly schedule, plan, coordinate and execute the Work as specified herein, so as to perform the Work within the Specific Dates or Contract Time, or to provide scheduling or related information, revisions and updates as required by Article 13 and the Contract Documents; or .8 If the Contractor substantially or materially violates any provision of the Contract Documents. The right of the Contractor to proceed shall not be so terminated under this Paragraph 14.3 because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor or his Subcontractors as specifically set forth in Subparagraph 8.3.5 hereof. If, after the Contractor has been terminated for default pursuant to Paragraph 14.3, it is determined by Construction Program Manager that none of the circumstances set forth in Subparagraph 14.3.1 exist, then such termination shall be considered a termination for convenience pursuant to Paragraph 14.2. In such case, the Contractor's sole remedy will be the costs permitted by Paragraph 14.4. If the Owner so terminates the employment of the Contractor, the Contractor shall not be entitled to receive any further payment until the Work is finished by Contractor's surety or others. If the unpaid balance of the compensation to be paid to the Contractor hereunder shall exceed the expense of so completing the Work (including additional compensation for managerial, administrative and inspection services, or for the Construction Program Manager or Design Consultant, and any damages for delay), such excess shall be paid to the Contractor. If such expenses shall exceed the unpaid balance, the Contractor and his surety shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the Work is partially or fully terminated, the Owner may take possession of and utilize in completing the Work such materials, appliances, supplies, plant and equipment as may be on the site of the terminated portion of the Work and necessary for the completion of General Conditions of the Contract for Construction 00 72 00-109 ) 14.4.3 ) 14.4.4 14.4.5 14.5 ) GENERAL CONDITIONS effective date of the Notice of termination), which amounts shall be included in the costs payable under (1) above; and (3) The reasonable costs of settlement, including accounting, legal, clerical and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the Work and for the termination and settlement of subcontracts and purchase orders thereunder, together with reasonable storage, transportation and other costs incurred in connection with the protection or disposition of property allocatable to the Contract. .3 However, the Owner will not be liable to the Contractor or any of his Subcontractors, Sub-subcontractors or Suppliers for any costs associated with termination if the subcontract or purchase order of the party seeking compensation does not include the proper termination clauses. In arriving at any amount due the Contractor pursuant to Paragraph 14.4. there shall be deducted the following: .1 All amounts paid to Contractor under this Contract to the date of termination or thereafter; .2 Any claim which the Owner, Construction Program Manager, Design Consultant, utility owner or separate contractor may have against the Contractor; .3 . Such amount as the Construction Program Manager determines to be necessary to protect the Owner against loss because of outstanding or potential liens or claims; .4 The agreed price for, or the proceeds of sale of, any materials, supplies or other things acquired by the Contractor or sold, pursuant to the provisions of Subparagraph 14.5.1.7, and not otherwise recovered by or credited to the Owner; and .5 Any amount which the Owner may withhold or which is otherwise payable or due Owner pursuant to the Contract Documents. The total sum to be paid to the Contractor under this Paragraph 14.4 shall not exceed the Contract Sum as reduced by the amount of payments otherwise made or to be made for Work not terminated and as otherwise permitted by this Contract. Except for normal spoilage, and except to the extent that the Owner shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor, as provided in Subparagraph 14.4.2, the fair value, as determined by the Construction Program Manager, of property which is destroyed, lost, stolen or damaged so as to become undeliverable to the Owner, or to a buyer pursuant to Subparagraph 14.5.1.7. Ifthe Owner terminates the whole or any part of the Work pursuant to Paragraph 14.3. then the Owner may procure, upon such terms and in such manner as the Construction Program Manager may deem appropriate, supplies or services similar to those so terminated, and the Contractor shall be liable to the Owner for any excess costs for such similar supplies or services. The Contractor shall continue the performance of the Contract to the extent not terminated hereunder. GENERAL TERMINATION PROVISIONS General Conditions of the Contract for Construction 00 72 00-111 ) ) ) GENERAL CONDITIONS 14.5.2 14.5.3 14.5.4 14.5.5 14.5.6 14.5.7 14.5.8 The Contractor shall, from the effective date of termination, preserve and make available to the Owner, at all reasonable times at the office of the Contractor, but without cost to the Owner, all his books, records, documents and other evidence bearing on the costs and expenses of the Contractor under this Contract as required by Paragraph 3.7 hereof. If the termination, pursuant to Paragraph 14.2, is partial, the Contractor may file with the Construction Program Manager a claim for a Change Order, to the extent he believes a Change has occurred in the continued portion of the Work (the portion not terminated by the Notice of termination) as a result of said termination. Any claim by the Contractor for a Change Order under this Subparagraph 14.5.3 must be comptetelyitemized and asserted in writing within ninety (gO) days from the effective date of the Notice of termination; otherwise said claim is waived by Contractor. The Contractor shall refund to the Owner any amounts paid by the Owner to the Contractor in excess of amounts reimbursable under Paragraph 14.4. The Owner may, at his option and at the Contractor's expense, have costs claimed to be reimbursable under Paragraph 14.4 audited and certified by independent certified public accountants selected by the Owner. The Contractor shall be entitled to only those damages and that relief from termination by the Owner as specifically provided in this Article 14. Contractor shall include termination clauses identical to this Article 14 in each of his subcontracts and his principal Purchase Orders. Termination of all or any portion of Contractor's Work does not terminate this Contract, 0 but only Contractor's performance thereunder for the Work terminated. Contractor shall remain liable to Owner for all obligations, responsibilities, duties and warranties not extinguished as a result of said termination pursuant to the Contract Documents or by operation of law. END OF GENERAL CONDITIONS General Conditions of the Contract for Construction 00 72 00-113 ) ) ) SUPPLEMENTAL CONDITIONS the right to disallow any worker, at the time of screening or later, than is deemed to be a security risk. C. Worker's shall not come into contact with nor converse with detention center prisoners. D. Worker's entering secure areas will be subject to pat downs and inspections of their belongings. 1.04 TRASH DISPOSAL A. The Contractor shall avoid trash accumulation and shall remove same from the site at the close of each working day. All building material and trash shall be disposed of off the Owner's property. B. Burning of material on the site will not be permitted. 1.05 DRAWINGS A. Except where dimensions are shown, the drawings are diagrammatic and shall not be scaled. Exact location of fixtures, apparatus, and piping shall be determined by dimensions on the site. 1.06 DEMOLITION A. All materials indicated to be removed shall be disposed of off the Owner's properly, In accordance with all laws and regulations. B. The use of explosives will not be permitted unless prior written permission from the Owner has been obtained. C. The amount of dust resulting from the operations shall be controlled to prevent the spread of dust to avoid cleaning of a nuisance in the surrounding area. D. Proposed procedures for the accomplishment of demolition work shall be submitted in writing to the Owner for approval. Procedures shall provide for safe conduct of the work, careful removal and disposition of materials, protection of property which is to remain undisturbed and coordination with other work in progress. Submittal shall include a detailed description of the methods and equipment to be used for each operation, and the sequence of operations. 1.07 PROTECTION A. Protection of personnel: Utilize safety barricades where the safety of pedestrians and/or vehicle drivers are endangered by the work area. safety barricades shall be used. 00 73 00-2 SUPPLEMENTAL CONDITIONS ) ) 1.14 with various project team members via the PMCCS. The Contractor is encouraged to make the PMCCS available to primary subcontractors. The Contractor shall provide, within 5 calendar days of Notice to Proceed, the names of companies and contacts, positions, mailing addresses and e-mail addresses to the Construction Program Manager. C. All costs for the temporary licenses to use the PMCCS database for the Contractor, Subcontractors and his/her consultants shall be paid by the Contractor. The Contactor shall include an allowance of $1000 per person per year, for such licensing, and $1000 per company for training. The following documents, as a minimum shall be generated and distributed via the PMCCS: i. Requests For Interpretation (RFI's) ii. Architect's Supplemental Information (ASI's) Hi. Requests for Quotation (RFQ's) iv. Change Order Proposals (COP's) v. Change Orders vi. Submittal Log vii. Daily Reports viii. Meeting minutes and agendas ix. Applications for Payment x. Project schedules D. COMMISSIONING CONSULTANT A. The Owner has contracted with a Commissioning Consultant, who will be performing professional building' commissioning services for the Project. The Contractor will be required to coordinate the Work and cooperate with the Commissioning Consultant's efforts. The scope of commissioning services is described in Section 01 91 13, and in the Technical Specifications. 1.15 SPECIAL INSPECTIONS A. The Owner will contract with a Special Inspections and Construction Materials Testing firm to provide those services, as specified in the Contract Documents. 1.16 DOCUMENTS REQUIRED PRIOR TO FINAL PAYMENT ) A. The following documents required prior to final payment, shall be delivered by the Contractor to the Owner, in the quantities indicated prior to final inspection of work: 1. 2. 3. 4. Non-Influence Affidavit, 4 copies Statutory Affidavit, 4 copies Written notice of readiness for final inspection Operating and Maintenance Data and Instructions 00 73 00-4