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Home My WebLink AboutMIDWEST MAINTENANCE MUNICIPAL BUILDING EXTERIOR RENOVATIONS Augusta-Richmond County CAPITAL IMPROVEMENTS PROGRAM MANAGEMENT 501 Greene Street, Suite 313, Augusta, Georgia 30901 (706) 842-5543; FAX (706) 821-2484 Letter of Transmittal ~ For approvaVsignature 0 For Your Files 0 As requested 0 For Your Use 0 For Your Information 0 As Discussed o Revise & Submit o Furnish as requested o For Review & Comment DATE: 29 JUN 07 TO: Honorable Deke Copenhaver City of Augusta Mayor FROM: Bob Munger SUBJECT: Contract for Municipal Building Exterior Renovations Q!I Date Description of Item 4 6/20/07 Referenced Contracts with Midwest Maintenance, Inc. Comments: Mayor Copenhaver, If you find these acceptable, please execute and have them returned to my office for distribution. Many thanks, Bob Munger ITEM: as described above IZI Attached o Under Separate Cover Via _ If Enclosures are not as noted kindly notify us at once. C: AUGUSTA-RICHMOND COUNTY COMMISSION STEPHEN E. SHEPARD County Attorney Augusta Law Department DAVID S. COPENHAVER Mayor ANDREW G MACKENZIE Staff Attorney Betty Beard Marion Williams Joe Bowles Bernard Harper Calvin Holland, Sr. Andy Cheek Jerry Brigham Jimmy Smith J. R. Hatney Don Grantham BErrY BEARD Mayor Pro Tern MEMORANDUM Frederick L. Russell Administrator TO: Honorable David S. Copenhaver, Mayor FROM: Steve Shepard, County Attorney ;5 V DATE: June 29, 2007 Please Reply to: 701 Greene Street, Suite 104 Augusta, Georgia 30901 SUBJECT: Execution of Contract - SPLOST III Project Exterior Envelope Renovations to the Augusta Municipal Building Please find attached the following contract for your review and execution as appropriate. I have already reviewed and initialed the signature pages: ./ SPLOST III Project Exterior Envelope Renovations for the Augusta Municipal Building The approval letter is attached for the Commission meeting dated June 19,2007, item No. 26. Your assistance is most appreciated. If I can answer any questions that you may have, please call me at (706) 724-6597. SESlbc Attachments (as indicated) cc: Mr. Bob Munger, Project Manager, HEERY International Augusta Law Department 501 Greene Street, Suite 302, Augusta, Georgia 30901 (706) 842-5550 - Fax (706) 842-5556 County Attorney 701 Greene Street, Suite 104, Augusta, Georgia 30901 (706) 724-6597 - Fax (706) 722-4817 Augusta-Richmond County CAPITAL IMPROVEMENTS PROGRAM MANAGEMENT 501 Greene Street, Suite 313, Augusta, Georgia 30901 (706) 842-5543; FAX (706) 821-2484 Letter of Transmittal ~ For approval & forward to Mayor for Execution 0 Revise & Submit 0 As requested 0 For Your Use 0 Furnish as requested 0 For Your Information 0 As Discussed 0 For Review & Comment DATE: 21 JUN 07 TO: Steve Shepard Shepard, Plunkett, Hamilton, Boudreaux and Tisdale. 706.722.4817 RECEIVED JUN 2 6 2007 COUNTY ATTORNEY FROM: Bob Munger SUBJECT: Contract for Municipal Building Exterior Renovations Q!I I I I I Date 6/,19/107 (D /9 07 loJl ~}D'1 6/20/07 Description of Item Conformed Project Manual (with your requested revisions) Commission Approval Letter Contract Addendum No.1, executed by Contractor Contract, executed by Contractor Comments: Steve, This is the partially-executed Contract, for your review, including General and Special Conditions of the Contract, and General Requirements. I have not included the technical specifications and drawings, but I will be glad to provide and/or review those with you, if you so desire. This was approved by the Commission at their June 19th Meeting. Thanks as always for your quick turnaround. Please call me if you need anything further. Bob ITEM: as described above IZI Attached o Under Separate Cover Via _ If Enclosures are not as noted kindly notify us at once. C: file Augusta-Richmond County CAPITAL IMPROVEMENTS PROGRAM MANAGEMENT 501 Greene Street, Suite 313, Augusta, Georgia 30901 (706) 842-5543; FAX (706) 821-2484 Letter of Transmittal 0 For approval 0 For Your Files 0 Revise & Submit ~ As requested 0 For Your Use 0 Furnish as requested 0 For Your Information 0 As Discussed 0 For Review & Comment DATE: 29 JUN 07 TO: Betty Carrera c/o Shepard, Plunkett, Hamilton, Boudreaux and Tisdale. 706.722.4817 FROM: Bob Munger SUBJECT: Contract for Municipal Building Waterproofing Consultant Q!I Date Description of Item 1 5/29/07 Proposal from Midwest Maintenance Comments: Betty, Please let us know when this is ready for the mayor's signature. Thanks as always for your quick turnaround. Bob ITEM: as described above IZI Attached o Under Separate Cover Via_ If Enclosures are not as noted kindly notify us at once. C: .,'. .', "":'MMI"':' . .~~ " .". : '. ~"',r. . . .. .' ,'. . . . . . I'. ~~. .'," .' .. .... , . . , . I;':;'.. .~: ;; '::-'-"'Eti.(). No,5789 p, 1/2 Midwest Maintenance, Inc. 101 Fox Drive / P.O. Box 1203 Pillllll, Ohill 1\5356 Ph. (937) 773.9236 FlIx (937)773-86'15 1268 Bc:Jnil'-FI'l)nrnge Road ^ugusta, Gc()rgia 30909 Ph. (706) 855-8888 Fax (706)X55-Xlti7 To: Bob Munger Heery International, Inc. 501 Greene Street Suite 313 Augusta, GA 30901 Ph: (706)842-5543 Fax: (706)821-2484 Subject: Subcontractor Listing WE ARE SENDING YOU r Shop drawings r Copy of letter rv Attacl1ed r Prints r Change order Letter of Transmittal I Transmittal #: 4 Date: 6/29/2007 Job: 07-048 Augusta Municipal BUilding Architect/Owner Job #: 07-125 r Under separate cover via None the following items: r Plans r Specifications r Samples ~ Other Document Type Copies Date No. DescrlpUon Other 1 6/29/07 Subcontractor Listing .----........ . . , ,~.. THESE ARE TRANSMITTED as checked below: r- For approval r For your use P As requested ,- For review and comment r FOR BIDS DUE Remarks: Fax Only .2 ,.."?":>.:s' Copy To: r Approved as submitted r Approved as noled r r r r Resubm!t _ copies for approval r Submit _ copies for distribution [" Return _ corrected prints Other Returned for corrections PRINTS RETURNED AFTER LOAN TO US ........" 'I 6 E 77,/ (. (..'-rre./""~""" From: W. Jeff Meyer "7lJb' "/22. - 'i f:?/,'"? Signature: k Q~7~~~ If enclosures are not as nOled, kindly nOllfy us al once. P sge 1 of 1 , - Midwest Maintenance, Inc. ~ (, lIe; i, c ~ 101 Fox Drive / P.O. Box 1203 Piqua, Ohio 45356 Ph. (937) 773-9236 Fax (937)773-8645 4268 Belair-Frontage Road Augusta, Georgia 30909 Ph. (706) 855-8888 Fax (706)855-8837 Letter of Transmittal I To: Bob Munger Heery International, Inc. 501 Greene Street Suite 313 Augusta, GA 30901 Ph: (706)842-5543 Fax: (706)821-2484 Subject: Addendum WE ARE SENDING YOU D Shop drawings D Copy of letter Transmittal #: 3 Date: 6/18/2007 Job: B7-057 Augusta Municipal Building Architect/Owner Job #: M Attached D Prints D Change order D Under separate cover via None the following items: D Plans D Specifications D Samples MOther Document Type Copies Date No. Description Other 1 6/18/07 Contract Addendum #1 THESE ARE TRANSMITTED as checked below: D For approval D For your use M As requested D For review and comment D FOR BIDS DUE Remarks: Priority Overnight Copy To: From: W. Jeff Meyer D Approved as submitted D Approved as noted D Returned for corrections D Other D PRINTS RETURNED AFTER LOAN TO US D Resubmit _ copies for approval D Submit _ copies for distribution D Return _ corrected prints Signature: ~a~~..-&- If enclosures are not as noted, kindly notify us at once. Page 1 of 1 MMI I Midwest Maintenance, Inc. 101 Fox Drive / P.O. Box 1203 Piqua, Ohio 45356 Ph. (937) 773-9236 Fax (937)773-8645 4268 Belair-Frontage Road Augusta, Georgia 30909 Ph. (706) 855-8888 Fax (706)855-8837 ~N 1 5 2"fP7 Letter of Transmittal I To: Bob Munger Heery International, Inc. 501 Greene Street Suite 313 Augusta, GA 30901 Ph: (706)842-5543 Fax: (706)821-2484 Subject: Contracts/Bonds WE ARE SENDING YOU rJ Shop drawings rJ Copy of letter Rj Attached rJ Prints rJ Change order Transmittal #: 2 Date: 6/14/2007 Job: B7-057 Augusta Municipal Building Architect/Owner Job #: o Under separate cover via None the following items: rJ Plans rJ Samples rJ Specifications Rj Other Document Type Copies Date No. Description Other 4 6/20/07 Signed Contracts Other 2 6/14/07 Perfomance and Payment Bonds Other 1 6/14/07 Certificate of Insurance THESE ARE TRANSMITTED as checked below: 0, For approval Rj For your use Rj As requested rJ For review and comment rJ FOR BIDS DUE Remarks: Bob, rJ Approved as submitted o Approved as noted o Returned for corrections o Other o PRINTS RETURNED AFTER LOAN TO US rJ Resubmit _ copies for approval o Submit _ copies for distribution o Return _ corrected prints Priority Overnight Please let me know if there is anything else you will need prior to June 20th. Thanks Copy To: From: W. Jeff Meyer Signature: ~a~0/-- If enclosures are not as noted, kindly notify us at once. Page 1 of 1 '~ ,.JUN- 'i~~OO' Office Of1he Administrator Tameka Allen, Interim Deputy Administrator Robert Leverett, Interim Deputy Administrator Room 801 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-2400 - FAX (706) 821-2819 www.augustaga.gov June 19, 2007 Mr. Rick Acree Assistant Director - Public Services 501 Greene Street Augusta, GA 30901 Dear Rick: The Augusta-Richmond County Commission, at their regular meeting held on Tuesday, June 19, 2007, took action on the following items. 26. Approved the award of the contract to modernize the three Municipal Building traction elevators to the low bidder, Premier Elevator, with a base bid of $398,747.00 and Add Alternate 1, an additional $13,959.00, for a total of $412,706.00 to be funded from SPLOST Phase III. Also, award the annual maintenance contract for these same three elevators to Premier at the completion of the work in the amount of $11,970.00 for the first year, $12,497.00 for the second year and $13,247.00 for the third year, to be funded .from the annual General Fund operating budget for the Municipal Building. (Approved by Finance and Engineering Services Committees June 11, 2007) 39. Approved Proposal from Midwest Maintenance Inc., to Execute Exterior Renovations to the Municipal Building, including re-roofing, resealing cladding and replacement of existing windows in accordance with RFP 07-125. (Approved by Engineering Services Committee June 11, 2007) If you have any questions, please contact me. ameka Allen Interim Deputy Administrator cc: Ms. Donna Williams Ms. Geri Sams Mr. Bob Munger 06-19-07: #26, #39 AUGUSTA RICHMOND COUNTY .---- ,L CONTRACT DOCUMENTS FOR SPLOST III PROJECT ENTITLED Exterior Envelope Renovations to the Augusta Municipal Building RFP 07-125 Issued March 16, 2007 Conformed & Issued for Construction June 19, 2007 (includes Addenda 1 & 2) Construction Manager: Heery International 501 Greene Street Suite 313 Augusta, GA 30901 Design Consultant: Stafford Consulting Engineers 130 Edinburgh South Drive Suite 202 Cary, North Carolina 27511 ., . OWNER-CONTRACTOR AGREEMENT THIS CONSTRUCTION CONTRACT ("Contract") made this 20th day of June, 2007, by and between Midwest Maintenance, Inc., ("Contractor"), whose address is 101 Fox Drive, PO Box 1203, Piqua, OH 45356, and Augusta Richmond County, by and through the Augusta Richmond County Commission. 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: "EXTERIOR ENVELOPE RENOVATIONS TO THE AUGUSTA RICHMOND COUNTY MUNICIPAL BUILDING," which includes replacement of windows, joint sealants and roofing systems at the Augusta Richmond County Municipal Building, 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: TWO MILLION TWO HUNDRED SIXTY-SEVEN THOUSAND SIX HUNDRED AND FIFTY DOLLARS ($2,267,650.00). 3. The Substantial Completion Date shall be achieved within 250 consecutive calendar days beginning the date specified in the Notice to Proceed. 4. The agreed daily amount for Liquidated Damages is: $750.00 per calendar day. 5. Notice. All notices in accordance with the General and Special Conditions of the Contract shall be given to the following addresses: CONTRACTOR: Midwest Maintenance, Inc. PO Box 1203 Piqua, OH 45356 Attention: W. Jeff Meyer Phone Number: (937) 773-9236 Facsimile Number: (937) 773-8645 OWNER: Augusta Richmond County Administrator 530 Greene Street Room 801 August, Georgia, 30911 I Phone Number: (706) 821-2400 Facsimile Number: (706) 821-2819 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 DESIGN CONSULTANT: Stafford Consulting Engineers 130 Edinburgh South Drive Suite 202 Cary, North Carolina 27511 Attn: Jeremiah M. Edwards Phone Number: 919.461.8125 Facsimile Number: 919.461.8127 USING AGENCY: Public Services Department Augusta Richmond County 501 Greene Street Augusta, GA 30901 Attn: Rick Acree Phone Number: (706) 821-2426 Facsimile Number: (706) 821-2484 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. Replace existing windows with new windows, as indicated by the Contract Documents. f. Replace existing sealant joints throughout the building with new sealants, in accordance with the Contract Documents. g. Replace existing roof assemblies with new roof assemblies, as indicated in the Contact Documents. h. Modify existing roof parapets, drains and flashings, etc., as indicated in the Contact Documents. 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 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: a. Wood blocking replacement: $7.00 per board foot. b. Wire brush & paint deteriorated metal decking: $4.00 per square foot. c. Wire brush, paint and apply sheet metal over deteriorated metal decking: $10.00 per square foot. d. Replacement of existing window blinds with new window blinds: $125.00 each. 13. Applicable Law: This Contract and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 14. Dispute Resolution: Should mediation of disputes prove unsuccessful, the parties to this Agreement agree that the matter(s) in question will be decided in the Superior Court of Richmond County, Georgia. By signing this Agreement, the . .. Design Consultant waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 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. . .. IN WITNESS WHEROF the parties hereto have executed this Contract the day and year first written above. CONTRACTOR ATTEST: ~ d-ff1. ,lJt-~Uhf c' Con-lmller Midwest Maintenance, Inc. an Ohio corporation By: ~~r/ ~~ w. Jeff Meyer, Vice President Augusta Richmond County, a political Subdivision of the State of Georgia acting by and through the Augusta Richmond County ~dJommj2 /JtL.~ 11 :tn6>P~j V!( By: L _ C:.L-~ I(/~ Y VIM.iJse;; L),LJ.. . ,PI lena Oel1n~, Clerk& Commission Deke Copenhaver, Mayor -q.~,-,:.:,,~ .4"'....,.;.l~Hf~ 0 ,y.6'~~~ ~,~ .... ,AA....... 0.0 q~ .<'<,., ~ . ~ '1,~ ~.:::., .'" ~. '';1 VA 1 ~ ."~t, ,.r '\~ ~ 't~ ~ ~.' < ~~ .G ~ ~ ~ . ~ ~ r:; ~. : 'i. . ~ f;;: ~ 6 ,.... 'I. "4~~ :::t~ .~ ,- , '. - :: '., ~ .1.... .. . p: "'1 -. ;-,~;'L .. d ~.~ 1:.'.'" .. ." A ,'{_ES r!'~.~.H....e~ ~;; -".. Cro"""l'o.. <;~ '.... ~~ 1""".-'''' _4y- '''I\:~'b..~....~~~~.. OW N E R ~ '. , FIRST ADDENDUM TO BY AND BETWEEN AUGUSTA AND MIDWEST MAINTENANCE, INC. Exterior Envelope Renovations to the Aueusta Municipal Buildine THIS ADDENDUM AGREEMENT made this day of in the year 2007. by and between Midwest Maintenance. Inc.. a Corporation, Partnership or Sole Proprietorship existing under the laws of the State of Georgia, hereinafter called the "Contractor", and Aueusta. Georeia. Bv and throueh the Aueusta Public Services Department. Facilities Maintenance Division. herein called the "Owner". 1. The County Attorney for the City of Augusta has reviewed the main contract for all references to race and gender under the authority of the Order of the Federal Court in Thompson Building Wrecking Co., Inc. v. Augusta, Georgia (copy attached) and no references to gender and/or race preferences were found. However, a copy of said court injunction is attached as a reference for purposes of sub-contracting, Article GC-5, Subcontractors at Page GC-18. Further, Midwest Maintenance agrees to obtain prior authorization from the City of Augusta if there is a need to change sub-contractors from the approved list of sub-subcontractors at Page SL-l of said contract. 2. If any references to gender and/or race based preferences are found in this agreement, these are deemed deleted. Provided, however, contractor shall have the opportunity to justify any such race and gender preferences required by federal law. 3. In the event of a conflict between the terms of this agreement and this First Addendum Thereto; the provisions of the latter one shall control. ATTEST: ~~:::r;g~ BY: ~f?~~ Leg. 72 t. ve Date: ~ ~ 07 I ~ - /~- t!J7 Date: Date: t,-/?- 07 __-""~~'"l\~ ...,.- ~~CfiJ,")'^/o '~l. ...... ./ . '" 'I:>. ~ ~~ .v.A~~""~"'$ I_O'....~ AY ,.". 'II- ~o (?: y. 4-: fJe. . t'. -~J.. lb "" ../ ..".... ~'~ i" ~;, ...t., ommission~ ..~ i ~ . ~ ~ . : : ::i ~ ~"'" .....,;; ,:!~..~', - :'l~ f",t.... . .. , "t .. F.ST. ". It 1 ~ w. If9/> .." "'" .& _.., .0 AI' ,(irt. a...~... AiJ1'4 'lh ....#.V '1\\ GeOi~G\r> :0---- "\\."'-~ 'CJI.:...~"--<:lO' By:7: 7. M;i. Clerk of ': UNITED STATES DISnuCT COURT SOUTHERN DISIlUCT OF GEORGIA AUGUSTA DIVIsrON !. I THOMPSON BUILDING WRECKING COMPANY, INC~ PAULETTE TUCKER ENTERPRISES, INC., d/blll TUCKER. GRADING AND HAULING, RIC:B:A.RD CALDWELL, d/b/a CLASSIC ROCK HAULING, SIDNEY CULLAAS, d/b/a SIDNEY ~LARSTRUCI<ING, , Plaintiffs, v. X07CV019 AUGjUSTA, GEORGIA, I I , Defendant. , I ORDE~ I. ~RODUCTION 4 this civil rights action, various plaintiffs chall~nge the City of ~gusta, Georgia's Disadvantaged Business Enterprises ("DBE") Pro gram as unconstitutionally discriminatory. Doc. ~"l. They claim that ~e Program violates the ~ual Protection Claus; of the Fourteenth Amendment to the United States Constitution, as well I as various provi.sion~ of the Georgia Constitution. ld. Bec~e the Georgia Constitution claims raise novel issues of Georgia law -~ whether the Au81:lSta prdinance violates the Georgia Constitution -- this Court declines to exercise any jurisdiction it m~y have over them. I I 28 V.IS,C. S 1367(c)(1); see Parker v. Scrap Meta~Proces.sorsJ Inc., 468 F~3d 733, 643 (11 th eir. ~006) ("Anyone of the section 1367(c) factor~ is sufficient to give I the district court discretion to dismiss a case's supplemental state law cl~"). The only iss~e now before the !. I Court,lthen, is whether Augusta.'s DBE Program. should be enjoined becauseitrl. olates the United States IConstitution. I I I ,. I MUc~ ofplaintifrs complaint COhd also be read as a Challout '" !be ~E Pro""", " 'PPliod during biddmg I , , I 1="1l"ED 'tJ:S.:mSTRiCT C~OURT SAVA!'{HAH DtV. 2UfJ MAR I ij PH J: 32 CLERK ~J SO. 015T. OF GA. . The plaintiffs allege that prime contract bids containing DBE participation at the subcontract level are' :treated . more favorably than bids without DBE participation at the subcontract level; in other words, the DBE Program. encourages prime contractors to discriminate against subcontractors on the basis of race, gender, and relative economic advantage. Doc. # 1 at 14-15; see doc. # 5, exh.. C at 1-66 (AUGUSTA CODE S 1-10-62(b )(9)); see also doc. # 13 at 1 (the parties have stipulated that the City currently adds up to "20 points" to a proposal or bid that utilizes DBEs). According . . for a project to demolish the amdy Factory Buildings in Augusta. See doc. # 1 at 5-8 (descnbingfucts SUIroundD:ig the bidding for the Candy Factory Buildings demolition colltract). At a 2/13/07 hearing, however, the parties . represented that the Candy Factory Buildings contractwas being litigated in s1ate COurt, so the issue is not before t1Us Court. Doc. # 14. Thus,.theplaintiffsherellttack:theDBE Program facially, rather than based OIl. an individual past application. Additionally, the plaintiffs' complaint discusses alleged violations of the DBE Program by the City. E.g. dOl;, # I at 15.16 (discussing businesses that were given DB! advantages despite nor meeting DBE criteria and not beins: registered with the City). This seems relevant only to what could be read as an invocation oftbe due process "void for vagueness" doctrine. ld. at 19. The challenge is that because the ordixlance lacks . adequate objective criteria for awarding contracts, city officW$ are acting arbitrarily and capriciously in violation of due process. See generalJy Note, The Void-for. Vagueness Docrrine inlhe SlIJ1reme Court, 109 U. P..... L REv. 67 (1960); Andrew E. Goldsmith, The Void-for-Vagueness Docrrine in me Supreme Court, Revisited, 30 AM. J. CRIM. L. 279 (2003). The plaintiffs ignore this argumart in their no briefing. , , to the plaintiffs, this places them at a' competitive disadvantage m bidding on Augusta proj ects. Doc. # 1 at 15. On 2/13/07, this Court heard arguments on whether a temporary restraining order (TRO) should issue. The next daY~ it entered a 30-day restraining order requiring that any eOn1racts entered by the City of Au~ be made without I . reference to the challenged DBE Program.. Doc. # 6. With bids before it, thelCity of Augusta has stopped awarding contractS rather than award contracts without reference ~o the DBB Program. Doc; # 12 at 3 ("nine contrabt awardS have been delayed since the entry of the Court's Order'? Of COUISe, nothing in the cdurt's 2/14/07 Order . requires the City to stop eri.tenng contracts; it simply requires that the Ci~ treat all compames the same, regardless of DBE status or DBE partifipation in a bid. In any event, the parties have now briefed the C:::ourt on whether thatl oIder should be extended or dissolved. Doc. #it 8-9. Meanwhile, the plaintiffs move for ~ contempt order, claiming that the Cityhas Violated the TRO, doc. # 16, ibut the Court will not pkss on that until the City responds. II. B~CJ(GROUND In 1994, concerned abou the present effects of p~t discrimination in tugusta, . the City commissioned the "Richmon~ County Disparity Study," (Study) -. Augusta being the county seat of Richmond County. Doc. 1# -S, exh. A. The Study; makes numerous /fa.ctuaI findings, including "compelling evidence of a large disparity between the utilizati6n of minority and women vendors and their dvailability in the Richmond County market kea ... much of [whicll] is attributable to th~ past and present effects of discrimination. .. !d. at vi. The Study examines the disparity in socioeconomic status amo~g the various races. 2 Among the findings: . · The Richmond County popUlation was 55.1% white, 42% black, .3% Native American, 1.7% Asian, and 2% Hispanic, id. at vii; · "Black families in Richmond County [in 1994 were] nearly ~our times more likely to have incomes below the . poverty level, [ sic] than white families," id. at vi, 23; · Black unemployment was more than twice that of whites, id. at vi, 22; · The white high school gradUation rate was 76.8%; whereas the black high school Sraduation rate was.61.2%, id.; · The white college graduation rate was 21.7%. whereas the black .college graduation rate was 9.8%, id.; · "White median family income was $35,181, while black median family income was $21,543; and Whites are more likely to be employed in management positions, id. at vi, 23. These socioeconomic differences, the Study concludes, "have a significant impact on the ability of blacks to start and grow businesses. because they reduce the financial resources and market size and strength." ld. at vi. : The study compared the socioeconomic status of whites, blacks, Hispanics, Asians, and Native Americans. Doe. # 5, exh. A at 22-Z3, 24-35. The conclusions drawn all refer only to the cli$parity between whites and blacks. Id. at vi-viii. 2 The Study next compares bla.ck-owned, "purchase.ordersunderSl,500.00"in1993.1d. businesses in Augusta to those owned in other at ix. The City fielded three telephone quotes regions and those owned by other racial groups. for each such order. Id. Only 8% of the quotes Id. at vii, 43-45. Accorciib.g to the Study, the . were fielded from minority vendors in 1993, and 925 black-owned businessds had a mean annual only 1 % of the dollar value went to minority , revenue of $29,787. Id. ~f' Thisfigure"was vendors. Id.; see xxii~xxii..i (Charts 4.2 & 4.3). statistically disparate fro4 annual revenue of Minorities and women received 1. 7% of black businesses in the rest of the state (SS5,443) contracts over $5,000 in 1 992 and 3.7% of such and COUIltry ($46,593). Id./The 197 non-black contracts in 1993. Id. minority firms had a mean annual revenue of $86,603, and the 1,900 femJ.re-owned firms had a mean annual revenue ofl$70,280. ld. The mean annual revenue of al~ Georgia fums was $159,859, .and the mean annual revenue of all U.S. firms was $145,654. Id. at 44-45. A key datum, the mean annual revenue of all businesses in Richmond Cotmty, is missing. The Study then disc+ Georgia', racist history as it relates to contracting, including antebellum legislation making it illegai to cont:r.act with blacks ''fof the erection of buildings, or for the repair ibuildin8S... ld. at vii-viii, 49-61. Next, the Study .descnbes the County's contracting outlays between ~992 and 1994. ld. at viii-x; id at xvi-xxviii (charts of data). In 1992, the County awarded 9ver $27 million hi contracts, of which 1.25% (around $350,000) went to minority and wo~en vendors. 'The percentages in 1993 and 19~4 were 1.72% and 4.33% respectively. Id.. at it. The StudYaIs6 noted, a disparity in the "ske-, in awards," 28 for white' firms, ~ for minority. Id. Though "skewness" is not explicitly tlefined, the Study notes that the disparity means that "disbursements to majority~ were five times more concentrated among a few finns than were disbursements to minority firins." Id.; see id. at xxi-xxii (charts 3.5 and 3.11)l I The Study next discusses the City's record of The City had 1,608 vendors available. Id. Minority and women fums constituted 12% (187) of them . Id. at ix-x. Of those 187, there were 88% black (85% male; 3% female); 8% white women; 3 % Asian; and 1 % Hispanic. Of the minority firms, 81 % of those that responded to a survey never received a contract from the Co1lD.ty, 47% believed white-male vendors were favored, 23 % agreed or strongly agreed that their bus41ess bad been discriminated. against, 48% agreed that they had faced discrimination in seeking financing, and 36% agreed that they had. encountered discrimination in pursuing contracts with majority:firms. ld. at xi; Finally, the Study includes anecdotal evidence of diScrimination from 22 interviews conducted with minority and women vendors. Id.; see a/so id., app. vm (sepa"ratelypagi.nated section ,containing interview evidence). The Study characterizes the three types of discrimination encountered by the vendors as "Discrimination denying market access to competitive (vendors]," "DiScrimination adversely affecting the ability of (vendors] to compete," and "Discrimination adv~ely affecting the availability of (vendors)." Id. at 1. The Study draws the conclusion that "[t]he evidence docwnented herein points to the . existence of significant racial and' gender disparity'in Richmond County Contracting [ sic) and procurement." Id. at xiii-xiv. The Study 3 makes seven. tecommendatiom to cure the disparity: (1) create a program to "mandate race and gender consciods ... goals in contracting and proct1re1hent," including: bid preferences, requibg white-male firms subcontract with minority fums, prime contracts with minority .finns, joint ventures between white-male and. minority firms; (2) 21% utilization of m.inority- and female-owned. businessbs - 16% black, 3% white wom.en, 2% asian and hispanic; (3) waiver of goals in product areas with few available minoritY and women vendors; (4) only use of local minority- and female-owned businesses should count toward the established gba1s; . I (~) the program should be fully staffed to deal with cert:iiication lof businesses, contract monitoring. mr-d supervising contract compliance in fUTChasing and procurement; . I . (6) solicit more quotes from minority- I and female-owned VeDdT on contracts under $1,500; . (7) create periodic reviews. graduation of , I bUSinesses from the program, and a sunset on the program. Id. at xiii-xiv. Based on the Study, the City of Augusta enacted its DBE. Program. Sie doc. # 5, .em C (AUGUSTA CODE gg 1-10-58 to 1-10-(2). The challenged part of the Program requires the City to [i]nclude language in all fonnal bid documents requiring contractors to utilize [minority-own~ female- owned, and small businesses] to the maximum extent possible and economically feasible, as partners or subcon~actorsforsenncedeliv~or as suppliers of varlolfS goods required in the performance of the contract AUGUSTA CODE S 1-1 0-62(b )(9). Pursuant to this section. the City includes the fOllowing language in its bid documents: Augusta-Richm.ond . County encourages minority participation through. subcontracting, joint ventures, or other methods in contracting for services, in order to expedite the evaluation process, we have attached the Checklist for Good Faith Efforts, Proposed Disadvantaged Business Entezprise PartiCipation, and Letter of Intent to Perform forms. The bidder should complete the Proposed DBE Participation Fo~ indicating the percentage of participation for this proposal. The completed form must accompany the proposal. See doc. # 9 at 4 (Augusta's brief, quoting bid materials provided to contractors). The parties have stipulated that bids containing DBE participation in their "Proposed DBE Participation Form" are treated more favorably than bids without DBE participation. Doc. # 13 . at 1. 4 under similar circum.stances. There the federal government entered pri~e contracts with vendors that provided for d1ra compensation if subcontractors were run I by "socially and economicallydisa.d.vantagedindividuals." ld. at 205. Most minority gfoups' received a presumption of "socially I and economlcally disadvantaged" status. Id. Adarand, a subcontractor not entitled to the presumption, sued. The Court held tbatA~d had standing to challenge prospective ap~lication of the race- based presumption and to seek inj unctive relief. Id. at 210-12. The CoUrt limited its analysis to the "injury in fact"standing requ.ireme~ which it held was met. 1.1. at 211. A plaintiff SUffers injury in fact by "an invasion of a legally protected interest which is (a) concrete and pamcularized, and (b) actual or imminent, n9t conj ectural or hyPothetical." ld. (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (~992)). Preventing a contractor from competing pD an equal footing is a particularized injury, so Adanmd met the first portion of the "injury i~ fact" requirement Id. (citing Ne. FIa. Chapter., Associated Gen. Contractors of Am.erica v.IJacks-onville, 508 U.S. 656, 667 (19.93)). It met the second portion of "injury in .fact" ~ecause it showed "that sometime in the relatirely near future it will bid on another Government contract that off~ ?mn~ial incentives to F prime contractor for hiring disadvantaged subcontractors." fd. at 211-12. .Th~~ Ad~and had Ftanding to seek a prospective InJUllCtlon. l . In this- case, the plainliffs are a prime demolition contractor (Thorhpson) and three hauling subcontractors (Tucker, Caldwell, and Cullars). See doc. # 1 at ?-9. Among the subcontractors, Tucker is a DBE on non-race grounds and challenges the City's granting DBE status based on race; Caldwell and Cullars are I non-DBE subcontractors. All the plaintiffs regularly bid and work on Augusta projects. Ii. at 10. Caldwell and Cullars have standiDg, under Adarand, to prospectively challenge the City's favoritism toward prime contract bids containing DBE participation. Because the . Program, like the program. in Adarand, encourages prime contractors to discriminate between subcontractors, Caldwell and Cullars suffer the Particularized injury of not being able to compete on equal footing with other subcontractors. Adarand, 515 U.S. at 200. In addition, the subcontractors allege that they bid and work on City of Augusta projects, and will continue to do so. Doc. # 1 at 9-10 (Caldwell and Cullan are hauling subcontractors regUlarly working on Augusta projects; "Plaintiffs have and continue to bid on [Augusta's) projects, as contractors, subcontractors andlor vendors''). Because Augusta regularly enters contIacts ("nine contract awards [were] delayed [in the 10 day period followingJ the entry of the Court's [2I14/07J Order," doc. # 12 at 3), the future injury to Caldwell and Cullars, like the future injury in Adarand, is imminent Therefore, the Court rej eots the City's standing argument 3 2. Substantial Likelihood of Success The Court must next determine whether.the plaintiffs are SUbstantially likely to succeed in showing that the racial preference in the DBE Progr2.m violates the Equal Protection Clause. "[AJIl racial classifi~ations, imposed by J Bcc:aw;c Cullars and Caldwell bave standirlg, it is not necessary, for purposes of this Order, to discuss whether Thompson and Tucker also have standing. A:D.yargument on that score should be raiscd itl a motion to dismiss. 6 whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny. In lother words, such . classifications are constitutional only if they are I . narrowly tailored measures that further compelling governmental,' I terests." Adarand, 515 U.S. at 227. The City first argues that "all that is required .1 . for vendors to comply Wl~ Augusta's DBE Program is to make an appropriate good faith effort [to ensureDBE participation]." Doc. # 15 at 3. The implication is th~t requiring a good faith, effort to employ DBfs is not a racial clas~ation, even if some "DBEs qualify simply on the basis of racf. Yet Augusta's bidding materials require contractors to submit a "Proposed DBE Participation" form, see doc. # 9 at 4 (Augusta's brief; qu6ting bid materials . provided to contractors), I and the. parties stipulate that bids containin~ DBE participation are treated more favorably Ithan bids without such participation. Doc. # ~3 at 1. Because a person's business can qualify for the favorable treatment based on that person's race, while a similarly situated person of kother race would not qualify, the pro~r lontains a racial classification. This classification actually harms the subcontractors in two ways. I First. when bids are requested from prime cont:ractors,the prime . contractors will discriminatb. based on DBE status because their bid will be treated more favorably with DBE Participation. ,Second, when the City decides between competing bids, with. bid "one" containing minority DBE participation and bid "two" (!equal in all other respects or eVen superior to I bid one in other respects) containing a plaintiff's participation, the City will favor bid one~ IBecause bid one would not be favored but for the plaintiff's owners failure to be of an I Augusta-blessed I racial makeup, the City must show that the discriminatory program is narrowly tailored to meet a compelling interest . That brings the CoUrt to Richmond v. lA. Croson Co., 488 U.S. 469 (1989). In Croso7l, a plurality of the Court noted that a city "has a compelling interest in assuring that public dollars, drawn from the tax contributions of all citizens, do not serve to financ~ the evil of private prejudice." Id. at 492 (plurality). "Thus, if the city could show it had essentially"become a 'passive participant' in a system of racial exclusion practiced by elements of the local construction industry ... the city could take affirmative steps to dismantle such a system." Id. Though these statements Were made in a three-justice plurality opinion, they were endorsed in majority portions of the opinion, see, e.g., id. at 504 (Opinion of the Court) ("States and their subdivisions may take remedial action when theypossess evidence that their own spending practices are exacerbating a . pattern of prior discrimination, [but] they must identity that discrimination, public or private, with some specificity before they may use race- conscious relief'), and by the Eleventh Circuit, Eng'g Assocs., 122 F.3d at 907 (quoting the above, plurality portion of Croson). The Eleventh Circuit has described a method for government to prove the existence of this compelling interest: Public employers may... justify affumative action by demonstrating "gross statistical disparities" between the proportion .of minorities hired by the public employer and the proportion of minorities willing and able to do the work. Anecdotal evidencernaYalso be used to document discrimination, 7 ,In. ANALYSIS This Court'S discretion to grant a 'fRO is limited: The district court abus~s its discretion when it grants a [TROD in spite of the movant's failure to establish' (1) a substantial likelihood that the movant will ultimately prevail dn the merits; (2) that the 'movant will sJirer irreparable injury unless th~ injunbion issues; (3) that the threatened inju& to the movant outweighs whatever I damage the proposed. injunction may cause the opposing party; and I (4) that the injLlI1ction, if issued, /Would not be adverse to the pUblic interest. , , I' Warr.en Publ'g, Inc. v. Microdo$ Data Corp., 115 F.3d 1509. 1516 (11th ICir. 1997) (quotes and alterations omitted). "A preliminary injunction is an extraor~ and drastic remedy Dot to be granted kless the movan~ clearly established.the burddn of persuasion as I to each of the four prerequisites. " Four Seasons Hotels & Resorts, B. V. '\I. Co{zsorcio Earr, S.A.) 320 F..3d 1205, 1210 (11th eir. 2003). Initially, the Court poLts out that the plaintiffs fail to establish a ~elihood of success on the merits insofar as they attack the DBE Program)s discrimination baSed on gender and economic status. See AUGUSfA CODE SS 1.10. 58(a}-(b) (minority person ~cludes "female"; DBEs include businesses '""Fot dominant in [their] field" and "regarded ~ small in size"). That is because the plaintiffs! arguments focus . solely on the scheme's failure to meet strict scrutiny. Doc. ## 2, 8. Bu~ undc:rthe Equal Protection Clause, legislati9D discriminating based on gender and economic status is subject to lesser judicial scrutiny. SeJ u.s. v. Virginia, 518 U.S. 515, 532.33 (1996) (intermediate scrutiny for gender-based. legislative discrimination; "Sex classifications may be used to compensate women for particular economic disabilities they have suffered [and) to promote equal employment opportunity" (quotes, cite, and original alterations omitted)); Hodil v. Indiana, 452 U.S. 314) 331 (1981) (rational-basis scrutiny for economic legislation; "Social and economic legislation... that does not employ suspect classifications or impinge on fundamental rights must be upheld against equal protection I attack when the legislative means are rationally related to a legitimate governmental purpose''); see a/so Eng'g Assocs. S. Fla., Inc. '\I. Metropolitan Dade County) 122 F.3d 895,907-08 (11th eir. 1997) (applying intermediate scrutiny to county program favoring female, contractors). Therefore, . the plaintiffS' TRO-extension request can succeed onlyin~ofar as it attacks the DBE Program' s discriminl'ltion based on race. 1. Standing The City primarily argues that plaintiffs are unlikely to succeed on the merits because they lack standing to challenge the DBE Program. Doc. #9 at 9-12; doc. # 15 at 1-3. Article m of the Constitution limitslhe jurisdiction of federal courts to .'Cases" and "Controversies." One component of the case-or-controversy requirement is standing> which requires a plaintiff to demonstrate the now.familiar elements of injury in fact, causation, and redressability. Lancev. Coffman, 127 S.Ct.1194, 1196 (2007). In Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995), the Court discussed standing 5 especially if b~ttressed by releVant statistical evidence. I Ensley Branch, N.A.A.C) v. Seibels, 31 F.3d 1548, 1565 (11th eir. 1~94). The above- .mentioned Study was Atb.gusta's attempt to make this showing in 1991 The Study found that of the 1,608 vendors available for cOntracting, dunority and Women firms constitute 12% (l87)~ Doc. # 5, en A at ix-x. For~e years 1992, 1993, and 1994, these firms received 1.25%, ~.72%, and 4.33% respectively of overan Citylcontracting dollars. . ld. at viii-ix. In other wordS, while white males ran only 88% of the City's c6ntracting concerns, I they averaged around 98% of the annual contracting dollars. These katistics buttressed the Study's anecdotJI evidence of discriminatio!4 received from minority and women contractors. Doc. #t' exh. A, app. VIII at 1-8. The Study, however, is not without flaws. The discrimination the City is attempting to justify operates between suocontractors. Only evidence showing that subbontractors of race "A" are discriminated againkt to the advantage of subcontractors of rake "B" justifies governmental action attempting to cure the burden by favoring subcontractors of race A. See Croson, 488 U.S..at S04;/cf Uf. at 499 ("It is sheer specUlation how many minority firms there would be in Richmond ~bsent past societal discrimination.... Definingth~se sorts ofinjuries I as 'identiiied discriminationf would give local governments license to crea,te a patchwork of racial preferences based on statistical generalizations about any particular field of endeavor"). For this reason, tnuch of the Study is irrelevant to whether Ithe City has a compelling interest in discriminating between subcontractors on the basis d race. E.g., Doc. . # S, exb.. A at vi-vii--(socioeconomic status of racial groups in Augusta area). Furthermore, the City must rely on narrowly tailored data to achieve what precedent requires: a narrOwly tailored program. The Study's data lumps all minority and women vendors into a single group and compares that group to all '1najority" vendors (ie., white male vendors). Id. at viii.x. But to establish a compelling interest that justifies narrowly tailored, race-based discrimination, better evidence would differentiate among the , minority races. q: Croson, 488 U.S. at 506 ("If a 30% set.aside was 'narrowly tailored' to compensate black contractors for past discrimination, one may legitimately ask why they are forced to share this 'remedial relief with an Aleut citizen who moves to Richmond tomorrow? The gross overinclusiveness of Richmond's racial preference strongly impugns the city's claim of remedial motivation"). Too, it seems impossible to enact a narrowly tailored program. by relying on evidence lumping gender- and race-based . discrimination together, as the Study does. See Eng'g Assocs., 122 F.3d at 919 n..4 (describing "the statistical phenomenon known as 'Simpson's Paradox,' which leads to illusory disparities in improperly aggregated data that disappear when the data are disaggregated''). . Forpurposes of this motion, however, the Court will assume that the City will be able to show the existence of a compelling interest to enact an affinnative action plan in 1994. The question then becomes whether the Prograni crafted in 1994 is narrowly tailored. Though it is possible that the substance of the attacked portion of the Program is narrowly 8 tailored,4 the Court need go no further than point out that the Program is still in place 13 years . after the Study was co*,iled without any further investigation into thF underlying reasons for creating a program, and without lany sunset or. expiration provision. I Doc. # 13 at 1-2 (stipulations that the Program "does not have an expiration or sunset pro\'ikion" and that the 1994 Study is "[t]he onlyl disparity study on behalf of the Defe:ndanf'). fwhether thiS defect is framed as a failure to show that the City has a compelling interest in 2007 )Ias opposed to 1994, or a failure to prove that the Program adopted in 1994 was narrowly tailored ~empOra11y, the end result is that the plaintiffs are Substantially likely to succeed on the merits. I" This case demonstr+ the need for unvarying vigilance ag~f the arrogance of error too long unexammed. Government favoritism for one race over lmother, long borne of and too often Perpetuated by evil motives, is rightly prohibited by the Equal Protection Clause. Equal protection simply prohibits government from favoring one race Over another in contracting. Affirmative kerion is permitted very sparingly, and only wh~re the government is convinced that not to takb action would be passively engaging in ~e very racial discrimination that equal pro It ection condemns. It would be impossible for Augusta to argue that, 13 years after last studying the issue, racial discrimination is so ramparit in the Augusta contracting industry. that I the . City must affirmatively act to avoid being complicit 4 Again, Augusta requires bidderJ to submit "Proposed DBE Participation" with their bi~ See doc. # 9. at 4 (Augusta's brief; quoting bid materials provided to Contractors). Bids with DBB partieipation are treated more favorably. Doc. # 13 at 1. I 3. Irreparable Harm . . The plaintiffs are substantially likely to succeed in proving that, when the City requests bids with minority DBEparticipation and in fact favors bids with such. the plaintiffs will suffer racial discrimination in violation of the Equal Protection Clause. Minority DBEs qualify for the Program based solely on the race of their owners. At the same time, a losing bidder's ability to prove the iztiuzy in each instance would be next to impossible (whether rejected by a prime contractOr, ox part of a bid rejected by the City, was the reje~tion because of the subcontractor's status as a non-DBE?). On top of that, the measure of damages would be speculative. Plaintiffs therefore face the prospect of irreparable injuxyevery time bids . are solicited and considered under the current scheme. 4. Damage to the Movant versus Damage to the Defendant Augusta argues that it will be harmed by the delay to public works projects if the Court extends its injunction. Doc. # 9 at 13. As discussed above, nothing in the Court's 2/14/07 Order prevents the City from entering into . public works contracts, it simply enjoins the City from using the DBE Program to enter contracts. Doc. # 6. Specific behavior (discrimination based on race), rather than the letting ofmunicip~ contracts, is the only thing being halted here. 5. Adverse to the Public Interest The City argues that an injunction would be adverse to the public's interest in remedying 9 past discrimination.s D9c. # 9 at 13. The plaintiffs argue that not issuing an injunction would be adverse to the Ipublic's interest.in equal protection under the law. Doc. # 12 at 11 (citing Cone Corp. v. HilZs~orough County, 723 F. Supp. 669, 678 (M.D.Fla.. 1989)). I . Both arguments seem to beg ultimate questions at issue in the ~ase. For present purposes it is sufficient to ote that the City's reasoning would prevent TROs from ever issuing on legislation. ~o[ any piece of legislation with a rational brsis, no matter how constitutionally odious, the argument can be made that "the public has tin interest in [insert the rational basis for the legislation]; so enjoining the legislation proboting that interest is adverse tq the public int~est." In ~bort, the Court draws a distinction be~een an injUtlction that is adverse to the public interest and an . injunction that merely linrlts the ability of government to promote a perceived public interest. " o TO' d Tti .LOJ. IV. .cONCLUSION The City of Augusta is hereby ENJOINED, I for the pendency of this action, from favoring contract bids that contain :tmnOrity DBE" or "minority business e:nterpri~e" (or any other . I entity that qualifies as aDBE pased on the racial composition of its ownership participation over other bids. Furthermore, the City is ENJOINED, for the pendency of this action, from distributing bid solicitation material, or otlierwisepubIishing information in any manner, that would lead. a bidder to believe that his bid ~ou1d benefit from including ''minority DBE" or '''minority business I . I . ~ The City also reiterates the position that an injunction would bazm the public's interest I in timely awarding COtlSt:rtietion COIltIac:ts. As discussedpn part m( 4), nothing in a well-defined injunctio:I1 will delay any public project enterprise" (or any other entity that qualifies as a DBB based on the racial composition of its ownersbip)Participation. The City shall, \Vithin 3 days of the date of this Order, post a copy of the Order in portable document fonnat (Pdt) on the City's procurement department homepage (http://www.augustaga.gov/depaItIllents/ Purchasing/home.asp) via a reasonably visible hyperlink entitled "Court Order Enjoining Race-Based Portion ofDBE Program. " Finally, this injunction is binding upon the City, its officers, agents, servants, employees and attorneys, and upon those person in active concert. or participation with it who receive actual notice of this injunction by personal service or otherwise. See F.R.Civ.P. 65(d). This i!/day of March, 2007. '" .\ .f \ ~ Bond Number: 0035717 .. J~>I INSURANCE AND BONDING I ~ 1 I I. II ;1 ~ ~ ~ ~ ~ il ~ ~ ~ ~ II , ~ ~ i I l ~ I I :) j j I , I :1 I ~ i 1 I i J i I 1 j I I j j i I l , j l 1 1 PERFORMANCE BOND Ohio Farmers Insurance Company [Insert Proper Name of Surety] . a corporation duly organized and existing under the laws of the State of Midwest Maintenance, Inc. [Insert Proper Name of Contractor] Ohio , as surety ("Surety"), and . as principal ("Contractor"), enter into,. execute this bond ("Performance Bond"), and bind themselves in favor of the t'-ugl!sta Richmond County Boarp of Commission'~rs Cjs obligee ("Owner"), in the iwlla'tSUm of Two Milllon, Two Hundred Slxty-Seven Thousand, SlX Hutidrea ".i:"U: y and 00/1 00-----------------11ollars ($ 2,267,fE:I::f), as of [Insert Penal Sum in words and numerals] June 23, 2007 [Insert Date of Construction Contract] WHEREAS, the Contractor has executed a contract with the Owner of even date herewith ("Construction Contract") for construction of: Municipal Building Exterior Envelope Renovations, RFP #07-125 [Insert Description and Location of the Project] ("Projecf'); and WHEREAS, the Owner has required the Contractor to furnish this Performance Bond containing the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor; " NOW THEREFORE, the Surety and the Contractor, both Jointly and severally, and for themselves, .their heirs, .administrators, executors and successors agree: 1. The Construction Contract is hereby"incorporated herein and ~y reference made a part hereof to the same extent and effect as though it were copied Verbatim herein. The Surety and the Contractor are bound for the full performance of the Construction Contract, including, without exception, al/ of its terms and conditions, both express and Implied. 2. IB- 4 .'" INSURANCE AND BONDING ~ ~ ! ~ a i ~ ~ ~ 'I ~ ~ .1 ;1 a ~ ~ ii ~ l l I i . ~ l 1 j 3 I i ~ j I ~ 1 I i j I i I I i 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 whict1 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 cowses 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 fulfillml?nt and completion of the Construction Contract executed by the complEiting contractor, to the . Owner for the Owner's executIon. Upon execution by the Owner of the contract for fulfillment and completion o"f the Construction Contract, the completing ~ontractor 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 shalf be in the penal sum of the (1) fixed IB- 5 1 i 1 ~ I i 1 , oj , l 1 I ! I i ; j ~ l I ! 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 ." INSURANCE AND BONDING not have then been due and payable to th~ Contractor under the Construction Contract, the Surety shall provide the Owner with such sums In a sufficiently timely manner that the Owner can utilize such sums in making timely payment to the completing contractor; or, (C) Take any and all other acts, if any, mutually agreed upon In writing by the Owner and the Surety. 4; In addition to those duties set forth hereinabove, the Surety shall promptly pay the Owner all loss, costs and expenses resulting from the Contractor's default(s), including, without limitation, fees, expenses and costs for architects, engineers, consultants, testing, surveying and attorneys, liquidated or actual damages, as applicable, for delay in completion of the Project, and fees, expenses and costs Incurred at the direction, request, or as a result of the acts or omissions of the Surety. 5. In no event shall the Surety be obligated to the Owner hereunder for any sum in excess of the Penal Sum. As used in this Performance Bond, the term "Penal Sum" means the amount stated as the penal sum in the preamble of this Performance Bond, as that amount may be adjusted from time to time pursuant to Paragraph 6 below. 6. The Surety waives notice of any changes to the Construction Contract including, without limitation, changes In the contract time, the contract price,or the work to be performed. If the total amount payable by the terms of the Construction Contract is increased to an amount in excess of the then current Penal Sum, then, automatically and without notice to or any action required of any party, the Penal Sum shall be increased as thetotC31 amount payable by the terms of the Construction Contract is increased. 7. This Performance Bond is provided by the Surety for the sole and exclusive benefit of the Owner, together with its successors or assigns. No other party, person or entity shall have any rights against the Surety hereunder. 1B- 6 , I ~ I I r I I I ! . I I j 3 ! [ , I j ] j 1 J 1 . l I { 1 I j I j 1 1 I ! I j j 1 I I I 1 I I i .1 1 ~ i i I , j l l f ! i I I I ,~ INSURANCE AND BONDING 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: Ohio Farmers Insurance Company One Park Circle Westfield Center, OH 44251 Attn: Bond Deoarbnent Contractor: Midwest Maintenance. Inc_ P.O. Box 1203 Pioua, OR 45356 Altn: W. Jeff Meyer 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: Midwest Maintenance, Inc. [Seal] [Typed Name) Ohio Farmers IBSurance [Typed Name) BY:~ fA I 0- (Signature . . [Seal] J::~ By: 1::~ /l#y~ w. Jeff Meyer, Vice President (Printed Name, 77t1e and Address) Nicole A. Laber, Attorney-In-Fact [Printed Name, TItle and Address] 101 Fox Drive Brower Insurance Agency, LLC Pioua. OR 45356 P.O. Box 37, Dayton, OR 45401 IB- 7 i I ! .j j ! J ~ l j .1 I ! ; j ! I I I ./ , I I i 1 i , j i i 1 f I \ I , I i I i , ~ Ohio Farmers Insurance .company . (Insert Proper Name of Surety) organized and existing under the laws of the State of Ohio, as surety ("Surety"), and , a corporation duly I ! I I ~ I I I I I I l l I ! I 1 i I I f 1 I I i j ! I I I I ! I I , j I I I I 1 ! j i J 'j ! I i Bond Number: 0035717 INSURANCE AND BONDING PAYMENT BOND Midwest Maintenance, Inc. (Inserl Proper Name of Contractor) , as principal ("Contractor"), enter into, execute this bond ("Payment Bond"), and bind themselves in favor of the Augusta Richmond County Board of Commissioners as obligee ("Owner") in the penal sum of Two Million, Two Hundred Sixty-Seven Thousand, Six Hllnnn~d Fifty nrid 00/100 dollars ($ 2.267 . 650.CQas of . June 23, 2007 (Inserl Penal Sum in words and numerals] (Insert Dale of Construction Contract] WHEREAS, the Contractor has executed a contract with the Owner of even date herewith ("Construction Contract") for construction of: Municipal Building Exterior Envelope Renovations, RFP #07-125 (Inserl Description and Location of Ihe Project) ("Project"); and, WHEREAS, the Owner has required the Contractor to furnish this Payment Bond containing the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor; NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for themselves, their heirs, administrators, executors and successors agree: 1. The Construction Contract Is hereby Incorporated herein and by reference made a part hereof to the same extent and effect as though it were copied ve~batlm herein. The Surety and the Contractor are bound for the full performance of the Construction Contract including without exception all of its terms and conditions, both express and implied, and, without limitation, specifically including Contractor's obligation to pay for labor, materials, machinery, and equipment provided in connection with the Construction Contract performance. . 2. For purposes CJf this Payment Bond, Beneficiary is defined as any subcontractor or other person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in the Construction Contract, or any other person entitled to the protection of this Payment Bond pursuant to the provisions of Title 36, Chapter 91, Official Code of Georgia Annotated. IB- 6 i . t l ! l ; j i ~ i I ! i i I 3. Every Beneficiary who has not been paid in full for labor or material furnished in the prosecution INSURANCE AND BONDING 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 petson 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 st.lm or ~ums 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 sl)ch 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, mat~rlal, machinery or equipment; . (ii) The name and address of each person at whose instance the labor, material, machInery or equipment is being fumished; (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. IB- 9 " I i f a ! j 3 1 1 I j , i I I I a I 1 1 I J I , I , j ., j } i \ j 1 i I i 1 J INSURANCE AND BONDING In no event shall the Surety be obligated hereunder for sums in excess of the Penal Sum. As used in this Payment Bond, the term "Penal Sum" means the amount stated as the penal sum In the preamble of this Payment Bond, as that amount may be adjusted from time to time pursuant to paragraph 5 below. 5. The Surety waives notice of any changes to the Constructlon Contract including, without limitation, changes in the contract time, the contract price, or the work to be performed. If the total amount payable by the terms of the Construction Contract is i!1creased to an amount in excess of the then current Penal Sum, then, automatically and without notice to or any action required of any party, the Penal Sum shall be Increased as the total amount payable by the terms of the Construction Contract is Increased. No agreement, modification, or change in the Constructfon Contract, change in the work covered by the Construction Contract, or extension of time for the completion of the COl")struction Contract shall release the Surety of this Payment Bond. 6. No action can be instituted hereunder after one (1) year from the completion of the Construction Contract and the acceptance of the Project by the Owner and any other applicable public authorities. 7. Unless otherwise provided herein. any and all notices to the Surety or the Contractor shall be given by Certified Mail, Return Receipt Requested, to the address set forth for each party below, including a courtesy copy to the Owner: . Surety: Ohio Farmers Insurance CoJ:IIP?lIly One Park Circle Qontractor: Westfield Center, OH 44251 Attn: Bond Department Midwest Maintenance, Inc. P.O. Box 1203 PiqJJi'l, OR 45356 Altn: W. Jeff Meyer Owner: Augusta, Georgia, a political subdivision of the State of Georgia, Acting by and through the Augusta RichmQnd County Commission 530 Greene Str.eet Room 806 Augusta, Georgia 30911 8. . IB- 10 , I ~ N ~ i I . I I f " j I I I INSURANCE AND BONDING ~ ! ~ l l I ~ j f 1 , , ., tl , l ij ~ ~ ~ ~ I I ,. I " ii ;1 " ~ j I I j ., 1 ,I ) ~ :i j .1 ~ l J .1 1 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: Midwest Maintenance. [SEAL] [Typed Name] Inc. By: P:~~h [Signa re v W. Jeff Meyer, Vice President [Printed Name, Tille and Address] Ohio Farmers Insurance lSEAL] L;f;p'd.NameJ Com . B . pflLfJ Q l~ [Signature]_ Nicole A. Laber, Attorney-In-Fact [Printed Name, TiUe and Address] 101 Fox Drive Brower Insurance Aqencv r LLC Piqua, OH45356 p.O. Box 37, Dayton, OH 45401 END OF INSURANCE AND BONDING IB..., 11 i 2 ; ~ ; 1 I; ! ~ i ~ ~ i J j I , 1 i ~ ! I I . . Financial Statement Ohio Farmers Insurance Co. December 31, 2006 Westfield Center. Ohio 44251-5001 (in thousands) ASSETS Cash. cash equivalents, and short term investments Bonds Stocks, unaffiliated Stocks, affiliated Real estate Agents' balances and uncollected premiums. net Interest and dillie/ends accrued Other admitted and if/langible assets Total adm.itted assets $ 54,040 148.095 51,682 1.046,981 67,588 42,832 1,612 70,149. $1,482,974 LIABILITIES Reserve for unearned premiums Reserve for unpaid losses and loss expenses Reserve for taxes and other liabilities Total liabilities $ 62,650 101.966 150.656 315,272 SURPLUS Capital stock Surplus ,[blal surplu.s (J 1,167.702 1,167.702 Total liabilities and surplus $1.482.974 State of Ohio ss: County of Medina The undersigned, being duly sworn, says: That he is Senior Executive - Surety Operations of Ohio Farmers lnsurance Company, Westfield Center, Ohio; that said Company is a corporation duly organized, existing and engaged in business asa Surety Compaqy by virtue of the Laws of the State of Ohio and authorized to do business in the State of .......~!..9:~.~.......................................... and has duly complied with all the requirements of the laws of said State applicable to said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947.6 U.S.C. sec. 6-13; and that to the best of his knowledge and belief the above statement is a fuJl. true. and correct statement of the financial condition of the said Company on the 31st day of December. 2006. Attest: ...&d........~................................................... Frank A. Carrino Corporate Counsel & Secretary ~0\1~- , -,' '"/. ..................",." ..............................................................................................:..c:.~.... .,.~~....:......~, t :,!id.t.liUfb"'~'\ ;,~i ~~~ \~"".184B ....~/ ~.....:...~::.:~..:...::...:...... Richard L Kinnaird, Jr. Senior Executive Surety Operations Sworn to before me this 14th day of February. A.D.. 2007. My Commission Does Not Expire Sec. 147.03 Ohio Revised Code UJ~~ ~...;;.~.~::;...;..,... . . I. o;..~\\I/J/&/'.;.\ . ~:~~~'r! .~;i.i~~~..j.:...... h~ii~..................... ............................... \,:~ :.\~7,o) ... ~ ., .'.(0.. Attorney at Law ....:..~.<. 0 < .~.....' Notary Public - State of Ohio . ............. .. ,,' THIS POWER OF ATTORNEYSUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 02n9lO7, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney POWER NO. 341175202 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio CERTIFIED COpy Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATI.9NAL INSURANCE COMP~NY al'ldcOHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a. *Cclmpany"and.coIlectively as *Cclmpanles,*duly organized and existing under the laws of the State of Ol1io,.andhaving its principal office In Westfield Center, Medina County, Ohio,.dobythese presents make, constitute and appoint ' RUSSEL J. MILLER, .JENNIFER L SALM, KATHERINE J. MAHAFFY, CHRISTOPHER M.MCATEE, DAVID E.GRIFFlN, NICHOLAS J. BERTKE, CHERYl L CREEDEN, SUZANNE NICHOLS, AMANDA L MORRIS, CARROll D. LEONARD, NICOLE A. LABER, JOINTLY OR SEVERALLY of LOVELAND and State of OH Its true and lawful Attorney(s)-In-Fact, with full poYIer and authOrltyherebYc;onterred in its name, place and stead, to execute, aCknowledge and deliver any and all bonds, recognizances, Undertalcings, or other instruments or contracts of suretyship- - - - - - . . -. - . - - - . - - - . - - - . . - - - - . - - .. . . . . - - .. . . .- . - - . - . . . . - . .. - - . '. UMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE I>EFlCIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Cclmpanles thereby as fully and to the same extent as If such bonds.were signed .by the President, sealed with the corporate seal of the applicable Cclmpany and duly attested by its seeretary,hel;ebY ratifying and confirming all that the said Attorney(sHn-Fact may do In the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL IN~URANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: *Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and In t~e name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Cclmpany's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Cclrporate Secretary.* "Be It Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signl'ltures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached.* (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 19th day of FEBRUARY A.D., 2007 . Corporate ,......;~ ' Seals I'. C.) ~..::--::~<'"""\ Affixed IFl .... \ CJ \ t!(~SEAL i \~\'~ ". "....... ~ ..........",~~NAi:f,""" _,.' ~~:..~.....!.1'Q'(.>. /0.... ...~~~-:. c:ijf: \.,,~ ::..,..: SEAL :Z: ~ ""-. . . .-("): ;f-\' ;m$ ~~\. l0$ \ -:; .... .....0.:: ""'" ............. ...,.... "t""f'lfl~n"i1""'"\''' ...~'''~ ,~.r."". "~.~""'~" 'lo... i.4~:.'."~?~' l&oo:!~\(t\ t.. . .:C. \-.\ 1848 /If \.... -. ... .... ~ ~ ........ Jf ....,., ,;' .........,...... WESTFIELD.INS.URANCE COMPANY WESTFIElJ)N,o.TIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY State of Ohio County of Medina By: Richard L. Kinnaird, Jr., Senior Executive ss.: On this 19th day of FEBRUARY A.D., 2007 , before me personally came RichardL. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides In Medina, Ohio; that he is Senior Executive Of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, theC(ll7lpanies!~escrlbe<:llnand Which. executed the above instrument; that he knows the Seals of said Companles;thatth~ seals.affi)(ed to said Instrul7lent are such corporate seals; that they were so affixed by order of the Boards of Directors of said COmpahies;and.thatheslgned his nam...e........t.h..e.. r....et..O...b y.llke order.' ~'." ....................'. ........ Notarial ~.>. .. . Seal.......,.... Affixed ..... . .... i WiIli~I1l~.~ahellni A meyatLaw, Notary Public. . > . My Commission Does Not expire (Sec. 147.03 Ohio Revised Code} State of Ohio County of Medina ss.: I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, Which is still In full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are in full force and effect. .A In Witness Whereof, I have hereunto set my hand and affixed the seals of said Cclmpanies at Westfield Center, Ohio, this ~'''ttay of JU,U- A.D., WO'l . .' ~~ . """'.""'", . '~.', ,'tf~ ~UR.(I1~ ,""~\ONAl.1 """ .,.." rI~ C.)~"-~$C<,"::-,\ ,/ ~.'.''''''''~Q'C:''~ ~~~~~~. ~'\ (&'l ...."'\~ ~ l S/ \~\ I#l.::"'-:;"':'~I\ r;l SI!Jt~. \V f~f SEAL \5~ !l:Eit'6~.:! ~\~l:I.I'U.I f~ ~\ii; . ;m: i.~.. I= ,,,." ..... ~. ~~~... lfN \';j\ 18~ei"(l! ~ .......'7 *. ." ~ ~,.,..."...,: _.... ~ ...,..... .............. ....... "ft.,. . .~_... ~$' t"t" . ~\,.,,\ "'1",. ~~ .........,,,., '..,........... ~.4 ..~.I FrankA.carrin,{Jecret~ Stlcnuu,. BPOAC2 (combined) (06.02) r , , .. DATE (MMlDDNYYY) MIDWM1C 06 13 07 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. ACORDN CERTIFICATE OF LIABILITY INSURANCE PRODUCER Brower Insurance Agency, LLC 110 N Main Street, Ste 1400 Dayton OH 45402 Phone: 937.228.4135 INSURED INSURERS AFFORDING COVERAGE Cincinnati Insurance Company NAIC# 10677 WILLIAM R. MEYER & MIDWEST MAINTENANCE6 INC. P.O. BOX 12 3 101 FOX DRIVE PIQUA OH 45356 COVERAGES INSURER A: INSURER B: INSURER C: INSURER 0: INSURER E: 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 POUCY NUMBER DAre iMM/DDIYVi -DATE'IM~mf~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000. f..- A ~ COMMERCIAL GENERAL LIABILITY CPP0680874 05/08/06 05/08/09 PREMISES (Ea occurence) $ 500,000. o CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10 ,000. - PERSONAL & ADV INJURY $ 1,000,000. i-- GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $2,000,000. ~ fXl PRO- POLICY X JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A ~ ANY AUTO CPP0680874 05/08/06 05/08/09 (Ea accident) ALL OWNED AUTOS BODILY INJURY f-- $ SCHEDULED AUTOS (Per person) f-- ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) X HIRED CAR LIMIT $70. 000/CPP0680874 05/08/06 05/08/09 PROPERTY DAMAGE (Per accident) $ PHYSICAL DAMAGE COMP/COL OED $100/$250 GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABIUTY EACH OCCURRENCE $ 10,000,000. A ~ OCCUR o CLAIMS MADE CPP0680874 05/08/06 05/08/09 AGGREGATE $10,000,000. $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X ITORy"LIMIT'S I Xlu~R- A EMPLOYERS' LIABILITY WC183619401-GA & Ili 06/26/06 06/26/08 E.L. EACH ACCIDENT $100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE A OFFICER/MEMBER EXCLUDED? CPP0680874/EMPL LIABILITY 05/08/06 05/08/09 E.L. DISEASE - EA EMPLOYEE $ 100,000 If yes. describe under E.L. DISEASE - POLICY LIMIT $ 500,000 SPECIAL PROVISIONS below OTHER A Installation Float CPP0680874 05/08/06 05/08/09 Limit $1,000,000 DESCRIPllON OF OPERA llONS / LOCA llONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: MUNICIPAL BUILDING EXTERIOR ENVELOPE RENOVATIONS Number: RFP #07-125 Owner, Augusta, Georgia, a political subdivision of the State of Georgia, Acting by and through the Augusta Richmond County Commission, along with the owner's representative are listed as additional insured. CERTIFICATE HOLDER AUGUGEO Augusta, Georgia, a political subdivision of the State of GA Augusta Richmond Co.Commission 530 Greene St. Room 806 Augusta GA 30911 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOllCE TO THE CERllFICA TE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGA llON OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTA llVES. iL l1/~J1U @ACORDCORPORATlON 1988 , ~ Cancellation clause is amended to 30 days except for nonpayment of premium. In the event of nonpayment only 10 days notice will be given. ) APPENDIX A May 2, 2007 COST PROPOSAL FORM RFP # 07-125 Exterior Envelope Renovations to the Augusta Richmond County Municipal Building DATE:_May 2, 2007 NAME OF PROPONENT: Midwest Maintenance, 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 RFP entitled Exterior Envelope Renovations to the Augusta Richmond County Municipal Building, dated 3/16/07 and Addendum( s) 1. 2 as well as the premises and conditions affecting the Work, the Undersigned, as the duly authorized representative of the Contractor herein known as the "Proponent," proposes to furnish all services, labor and materials required by them in accord with said documents, for the following sums: TOTAL COST (WI FEES, OVERHEAD, PROFIT, ETC. 07-125-1 I Replace e~isting windo~s with new insulated,! $866,214.00 1$1,154,953.00 .._..................._.....L~P.~E~~!.~..~_~~!"2..~~..~~~}.;?;~~........._..........................................1.............................................i.................................................. 07-125-2 ~ Rep1aceallexteriorjointsea1ants as specified. ~ $124,538.00 ! $ 166051.00 ............................._.........._....................._............................................................._.......................n..~................_...................u....._...............1.................................. 07-125-3 i Replace roofmg assemblies as specified. ! $ 323,084.00 1 $ 430,779.00 ......................._.....;..............._..............................................................................................._...........la.........................................u.........u........................................... 07-125-4 ! Modify stone and masonry parapets, as specified · ~ $188,212.00 i $ 250 950.00 .............................~....._.....__.......................-.....................................................................................(...................-..........................~...............).................................. ....Q?=!.~.?::.?....l..~i~~~!~.~~.~~~..~~:~.~9.:~_.............................................................L~.~.~~:9.~.~:.??...............J.J..~~.!.:.~.~~:9.9................... ....Q?~.!?~::.?...l..~~~!.~!::~:!.!!..?.r.~~.~!.~.~?.~..?.!.!.~.~.~~.~~.~~.~!!.~~~........L~..!.:.~.~~:9.~....................L.~.~9.:9.!.~:9.9...................... 07-125-7 ! Landscavinf!allowance ! NIA ! $ 25.000.00 -_......---................~................._........_.................................................................................................~..~.................-...............c.................................................. 1 Total of Work, hereinafter called the Base Bid: ! 1 $2,255,150.00 ....................................-........................-............................................................................................h..........;A~~:...~...............................ii.;...;.~.o.:."i:?........ DIRECT COST TASK NO. ABBREV'...ATED DESCRIPTION ,.. &1'"1>- L. ~r 1.,2..(''7, C,t)D,OIP Appendix A - Addendum #1 . 2. The undersi21led agrees that all landscaping. including trees. shrubs. groundcover and grasses. damaged bv the Work. will be replaced bv the Pro1Jonent; and that the Proponent will not be entitled to additional compensation. should the cost of this replacement exceed the included Landscape Allowance. 3. The undersigned agrees that the Base Bid will include removinf!/reinstalling existing window blinds. and vrovidinf! and installing 85 new window blinds. The new blinds shall be 40" wide bv 75" hif!h. 1" aluminum. horizontal blinds. equal or better than Levolor Riviera Classic. Color will be selected bv the Owner from the manufacturer's standard color chart. In the event that the actual quantity varies, vrovided unit micesshall cover the difference. 4. The undersigned agrees that in the event that unforeseen conditions (conditions contrary to that shown in the survey and/or Contract Documents) are encountered. or minor chan<;Jes are required. the followinf! unit prices shall be used as the basis of payment for any modifications to the agf!1"ef!ate total of required Work. whether additive or deductive. Unit Prices Item 1 2 3 Descri tion Replacement of deteriorated wood blocking Wire brush, aint deteriorated metal deckin Wire brush, paint and plate deteriorated material deckin Replacement of existinf! window blinds with new window blinds. as described above Unit Board foot Bid Unit Price $7.00 $4.00 $10.00 1.. Each $125.00 Unit prices are for installed work, and include all overhead and profit 5. 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 of the Specifications for complete description of Alternates. AL TER- NATE TASK ABBREVIATED DESCRIPTION NO. DlRECT COST 07-125-8 ALTERNATE #1: Install marble matching existing, in lieu of granite specified in Base $ 9.345.00 Bid. $ 12,500.00 6. 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 sixty calendar days following such time. 7. 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 (l0) calendar days a contract for the Work for the above~stated compensation and not later than three (3) calendar days following the date of 2 Appendix A-Addendum#l execution of the 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. 8. 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 250 Calendar Days after the Contractor receives the Notice to Proceed. Final completion shall occur not later than 280 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. Two Hundred Twenty Five Thousand- 9. Enclosed herewith is a Bid Bond, in the amount of Five Hundred Fifteen Dollars ($225,515.00 -- ) being not 1essthan 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: 10. 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. 11. The Proponent shall deliver to the Owner, a list of all Subcontractors proposed for the work whose subcontracts will be $50,000.00 or more, with this Solicitation. as outlined in the Supplementary instructions to the Bidders. I, the Undersigned, do solemnly swear and certify that I am a principal or other representative of the firm of Midwest Maintenance, Inc. and 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 Proponent 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: 3 Appendix A - Addendum #1 . NAME TITLE ADDRESS William R. Meyer/Owner William J. Meyer W. Jeff Meyer Jeanne L. Meyer President 2122 Clevenqer Rd., Piqua, OH 45356 1835 S. Alcony-Conover Rd., Troy, OH 45373 1900 Parker Drive, Piqua, OH 45356 2122 Clevenger Rd., Piqua, OH 45356 Vice President Vice President Secretary- Treas. Dated this 17th day of May , 20-9L-. Respectfully Submit1ed: Name of Company: Midwest Maintenance, Inc. l\ddress: 101 Fox Drive, PO Box 1203 Piqua, OH 45356 937-773-9236 937-773-8645 City, State, Zip: Phone: Fax: By: #~~ w. Jeff M€fY r ice Pres aent (Title) State of Ohio County of Miami W. Jeff Meyer being duly sworn exposes and says that he or she is Vice President (Title) of Midwest Maintenance, Inc. (Cornpany) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 17th day of May ,2007. (SEAL) -, ~/,,~ ota Public My Commission ExpiJ-es:q;-....J (-/ .",.''''''''y'''p'''''''''" ".,~ ~~..-_......US >-. /~9-"5S'\ , ! /2;:}.0\ f !~:' '-.~\ \ SHELLEYR.CHAPMAN ~ ! 1*~ Notary Public, State of Ohio r \: ,/ J My Commission Expires April 17, 2010 ,2010.\, j;'); , ';I:'\~O,,/ - "" /4-;' .........'.0. cv\' ..' "'''''II,,!,C Or Il"'~'\\'-" END OF COST PR:oP'OSAL FORM 4 Appendix A - Addendurn #1 BID FORM BID FORM RFP 07-125 EXTERIOR ENVELOPE RENOVATIONS TO THE AUGUSTA RICHMOND COUNTY MUNICIPAL BUILDING Augusta Richmond County DATE: May 17, 2007 NAME OF BIDDER: Midwest Maintenance, Inc. To: Augusta Richmond Couniy 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 EXTERIOR ENVELOPE RENOVATIONS TO THE AUGUSTA RICHMOND COUNTY MUNICIPAL BUILDING, dated 3/16/07 and Addendum(s) 1,2 . 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 requi~ed by them in accord with said documents, for the sums below: Total of Work, which sum is hereinafter called the "Base Bid": Two Million Two Hundred Fifty Five Thousand One Hundred Fifty Dollars ($ 2255.150.00 -- ) 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 Description Replacement of deteriorated wood blocking Wire brush. aint deteriorated metal decl<in Wire brush. paint and plate deteriorated material deckin Unit Board foot Bid Unit.Price. $7.00 $4.00 $10.00 Unit prices are for installed work, and include all overhead and profit. BF - 1 BID FORM 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 of the Specifications for complete description of Alternates. AI~!~:__ ~t Twelve Thousand Five Hundred - ($ 12,500.00 ---- ) to Base Bid. Dollars 4. 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 sixty calendar days following such time. 5. 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 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. 6. 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 200 Calendar Days after the Contractor receives the Notice to Proceed. Final completion shall occur not later than 230 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 relate to Liquidated Damages, in the event of failure to complete the Work within the specified Contract Time. Two Hundred Twenty Five Thousand- 7; Enclosed herewith is a Bid Bond, in the amount of Five Hundred Fifteen ---- Doilars ($ 225,515.00 -- ) 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: 8. 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. 9. The Bidder shall deliver to the Owner, a list of all Subcontractors proposed for the work whose subcontracts will be $50,000.00 or more, with this Solicitation, as outlined in the Supplementary instructions to the Bidders. BF - 2 BID FORM I, the Undersigned, do solemnly swear and certify that I am a principal or other representative of the firm of Midwest Maintenance, Inc. and 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: .J0Iilliam R. Meyer/Owner President 2122 Clevenger Rd., Piqua, OH 45356 ~'lIOC~'- t\t"U,l\!U:: T!TLE ADDRESS _Jl\lilliam..J.....M~eI-. W. Jeff Meyer \lice President Vice President 1835 S Alcony=cono\ler Rd , Troy, 0!::l.45313. 1900 Parker Drive, Pi qua, OH 45356 Jeanne L. Meyer Secretaryrrreasurer 2122 Clevenger Rc;LJliqua, OH 4535!3 Dated this 17th day of May ,20 07 . Respectfuliy Submitted: Narne of Company: Midwest Maintenance, Inc. Address: 101 Fox Drive, PO Box 1203 City, State. Zip: Piqua, OH 45356 Phone: Fax: !1:l7 -77:l-!1nR 937 -773-8645 BF - 3 By:____....Y- ~/~~ w. Jeff Mey r Vice President Title Stale of Ohio County of Miami BID FORM W. Jeff Meyer being duly sworn exposes and says that he or she is Vice President of Midwest Maintenance, Inc. and that the answers to lhe foregoing Title Company questions and at! statements therein contained are true and correct, Subscribed and sworn to before me this 17th day of May /~~ C k--)rl- "Neta Public My Commission Expires: Ofr-J \', ,2010. , 20..QL. (SEAL) . END OF BID FORM J1l- BF - 4 IBID FORM SUPPLEME~\FjT mp fORM SUPP~!EMENlf 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? ~~__If so, where and why? Have you ever defaulted on a Contract? !f so, where and why? No ~ist the most important projects recently completed by your company, stating the approximate cost for each, and the month and year completed: See the attached Completed Projects ListinQ List experience in construction work similar to this project: See the attached Completed Projects Listing List background and experience of the principal members of your organization, including ofiicers. See the attached Key Personnel Listing BS- 1 B~[) FORM SUPPLIEMENT STil\TEi\fHSlNlr OF Em)[J)ERQS QUAU!F~Ct~l'!ONS (To be subscribed and sworn to before a Notary) AI! questions must be anslNered 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 submH additional information. A.ttach all additional sheets to this Bid Form. Legal Name of Bidder: Midwest Maintenance, Inc. Permanent Main Office Address: 101 Fox Drive, PO Box 1203 Piqua, OH 45356 When organized October 1979 If a Corporation, where incorporated? State of Ohio Number of years engaged in the contracting business under your present firm or trade name? Twenty Seven (27) years Credit Available for this contract? _lli-..OJ1OML- Total of current contracts in dollars ($) (Gross Amount) $1 Million Plus Current work performed by your firm: Fxterior Cleaning, Caulki.ng.IuckpointinQ-Waterproofing, Brick ~tQne Restoration. Sheet Metal RestQr.aJiQ.n.Jllate and Tile Roofing.J:;oncrete Restoration, Carpentry, Painting and Stucco Repair Have you ever refused to sign a Contract at the original bid? If so, where and why? No Give bank reference: Fifth Third Bank, Ms. Laura Barley, 123 Market St., Piqua, OH 45356 Phone 937-227-3056 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. BS- 2 BI[OJ ~O[RM SUPPLEME~~l' Dated this 17th day of May ,20~, Respectfully Submitted: Name of Company: Midwest Maintenance, Inc. I-\ddress: 101 Fox Drive, PO Box 1203 City, State, Zip: Piqua, OH 45356 By:___ fr~~ w. Jeff Meyer Vice President - Title State of Ohio County of Miami W. Jeff Mever Vice President of Title questions and all statements being duly sworn exposes and says that he or she is Midwest Maintenance, Inc. and that the answers to the foregoing Company therein contained are true and correct. Subscribed and sworn to before me this 17th day of May ,20~. (SEAL) Ct~\l 2010 , -' (~~~ C~"'4~~ l\t ary Public My Commission Expires: BS- 3 Jun,29. 2007 10:25AM No.5789 Midwest Maintel1al1ce, IIIC. COMPLETE BUILDING RESTORATION p. 2/2 101 FOX DRIVE · P.O. BOX 1203 PIOUA. OHIO 45356 (937) 773-9236 . FAX (937) 773-8645 4268 SUITE B. BELAIR FRONTAGE RD. AUGUSTA. GEORGIA 30909 (706) 855-8888 . FAX: (706) 855-8837 William A. Meyar Presldenl June 29, 2007 Hetlry International, 1m:. 501 Grc(.:fi(,: Stn.;cl, Suil~. 3 J3 Augusta, GA 3090 I RE; Rl.:(I(.lVl'ltions to the Augusta Municipal Ouilding Subcontractol' I,isting Bob: Wc \:ucluSI.: hel'cin a listing ofSuhcontl'actol's that will be used during the course o[the projl;CI. Hcmrn's Glass Shops, Tnc. 514 S, Main St. Piqua, Oh 45356 Office Telephone Ofticc I'ax 937-773-5591 937-773-6054 Carolina Rl'ofing, Inc. 11675 Franchise Suit\.: B NOIth Charleston, SC 29418 Officc T clcphone C>llicc Pax H43-570-0040 K43-570-0041 Oolden Eagle Plumbing Co., 1m:. P.O. Box 211495 Maltinez, OA 30914 Of'licc Tclcphonc Of"licc Pax 706-S55-50 14 706-210-3093 Augusta Blind 476 C-2 Flowing Wells Rd Martine:.!, OA 30907 Onice Telephone Oftice Pax 706-650-2204 706-650-2205 Respcl.:l[ully, /-v{~c?' ~-;-"-' V~ ,..,.. W. JcffMcyer Vice-Prcsident SUBCONTRACTOR LISTiNG SUBCONTRACTOR liSTiNG TO: Augusta Richmond County Procurement Department 530 Greene Street - Room 605 Augusta, GA 30911 Attention: Geri A. 8ams 1. Pursuant to bidding requirements for the work entitled: EXTERIOR ENVELOPE RENOVATIONS TO THE AUGUST A RICHMOND COUNTY MUN!CIPAl B!J!LDlNG The undersigned proposes to use the following subcontractors. Except as otherwise approved by the Owner, the' undersigned purposes to perform all other portions of the Work with their own forces. Portion of the Work Name of Subcontractor Aluminum Windows R.C. Hemm's Glass Shop Modified RoofinQ Carolina Roofin~. Inc. USE ADDITIONAL SHEETS BIDDER: IF REQUIRED Midwest Maintenance, Inc. BY: w~~~ W. Je Meyer Vice President TITLE: PROVIDE SIGNATURE IDENTICAL TO THAT SHOWN ON THE BID FORM END OF SUBCONTRACTOR LISTING SL- l CORPORATE CERT~F~CATIE =' . . SUBSTITUT!ON UST!NG TO: Augusta Richmond Procurement Department 530 Greene Street - Room 605 Augusta, GA 30911 /-\ttention: Geri A. Sams " Pursuant. to bidding requirements for the work entitled: EXTERiOR ENVELOPE RENOVATIONS TO THE AUGUSTA RICHMOND COUN1TY MUNICIPAL BUILDING 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 otherwise 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: II Specified Product or Drawings No, or Material: Spec. Sedion: i l Proposed Substitution: Proposed Change in I the Contract ! Amount:________4 ~ 1 $ $ $ $ $ 0.00 None PROVIDE SIGNATURE ~IDENTICAl TO THAT SHOWN ON THE BiD fORM BiDDER: Midwest Maintenance, Inc. ~.a#~ w. JefrlkYer TITLE: Vice President BY: NOTE: See Specification Section 01631 for Instructions regarding this sheet. cc- 1 CORPORATE CERTIHCAIE CORPORATE CERTiFICATE I,--,:!~anne L. Meyer , certify that I am the Secretary of the corporation named as Contractor in the foregoing proposal; that W. Jeff Meyer who signed said proposal on behalf of the Contractor was then Vice 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 Ohio This 17th day of May ,20~ )-/)..~ ~~ ~ ----~--- ~ SiQl1atun:; :Jeanne L:-Meyer7Secretary- Treasurer (Seal) J CC--2 PARTNERSHIP CERTIFICATE Form N/A as Midwest Maintenance, Inc. is a Corporation PARTNERSHIP CERT~fICATE STATE OF COUNTY OF On this _____0____ day of , 20 , before me personally WllO 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 and that said firm consists of himself or herself and and that he or she executed the forgoing instrument on beh8lf of said firm for the lJses t=md purposes stated therein, and that no one except the above named members of the firm have any financial interest whatsoever in said proposed contract. Partner Partner Partner Partner (Seal) Notary Public My Commission Expires , 20____ Note: If only one partner signs. a Power oL J Attorney executed by all other partners authorizing him or her to act in the name of the company must be attached; otherNise, all partners must sign. PC-l NON-COLLUSION AFFIDAVIT OF CONTRACTOR tl\10N-COlUJlS!ON AFFuDAV~T OF CONTRACTOR STP,TE OF Ohio COUNTY OF Miami W. Jeff Meyer (1). He or she is Vice President of Midwest Maintenance, Inc. , 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; , being first duly sworn, deposes and says that (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, employees, or parties in the interest. Subscribed and Sworn before me this 17th day of ~_, 20 07 (Seal) ---..., '. C :...--'>!.---..J I I \j ,2010 "."......y".p'u."".." """ \>-,\)..._........ e>". f" . ..~ \ \ f / ):"'{('d\ / ~.. :' . . - "'~'" \ SHELLEY R, CHAPMAN ~ i -.j*~ No13ry Public, Slate.of Ohio. ~* \. .J I My Commission Expires Apnl 17,2010 \\ \\,. {-..J ~/ '\ .'. ...p",' ""'" '-1't;:..O....'" (j'0",,'" """1 L::.. lr "......, "ll/fl'"'''''' J /~r_~i""'--- 'No ary Publ!c My Commission Expires NCA- 1 / /--~"'~----,f~~~At ----4~ \,,-,=--- t/ --~ e: ~- n..-~.J ~o R G I A &M!P'1QX..EE CONFUC-'T OF 1\NTEREST: It shaU be unethical for any Ci~y of Augusta business or participant directly or indirectly :m 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 perta.ining to the procurement contract, except tbat tbe. purchase of goods and services from businesses which a member of the Commission or other City of Augusta employee has a financial interest is authorized as per O.c.G.A. 36- f-14, or the procurement contract is av:arded pursuant to O.C.G.~AA' 45-10-22 and 45-10-24, or the tr~Ir1sac-tion ~s 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 iLlT1Y member of an employee's or officials irrunediate 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 financial interest in a disclosed blind trust shan not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. 1. (vendorL_~~~!f.Meyer have read and understand the information contain~d in the bid specjfication~. Vendor Name: Midwest Maintenance, Inc. Address: 101 Fox Drive, PO Box 1203 City & State: __Eiqua,-OHAFi356 Signature: Phone #: (937 ) 773-9236 #~~ W. Jeff 1V1eyerNice esident RFP Item Number romd Name: Pax # (937) 773-8645 Date: 5/17/07 RFI # 07-125 - Exterior Envelope Renovations to the Augusta Municipal Building for Augusta Richmond County TIllS FROM MUST BE SUBMITTED WITH RFP PACKAGE. NO EXCEPTION(S) WILL BE GRANTED Page D-1 of 1 / /~ ~"",-:If .~ or""" ~""" _ '-/~R~~ A CertHkatnon SmtemelfB.U: Local Vend.or PrefeJrerl1lce I certify that my company meets all of the following qualifications to be eligible for the local vendor preference: (1) That my company has a fixed office or distribution point located in and having a street address within Augusta for at least six (6) months immediately prior to the issuance of the request for competitive bids or request for proposals by Augusta; and (2) That my company holds any business license required by the Augusta Richmond County Code for at least 6 months (3) That my company employs at least one (1) full time employee, or two (2) part time employees whose primary residence is in Augusta, or if the business has no employees, the business shall be at least fifty percent (50%) owned by one or more persons whose primary residence is in Augusta. (4) Atta.ched is a copy of my Augusta Business License. Company Name: _ Mid~:~_~_a.~~~~nanc~~~n.~:_____________ Address: 4268 Belair-Frontage Rd., Suite B, Augusta, GA 30909 Business License Number: 2007#028841 Phone Number: .937-773-9236 Fax Number: 937-773-86i~_______ Owner's Name: William R. Meyer Signature:~~ ~ 12007 Sworn to before me this 17th day of May Notary Public for the State of Ohio Notary Public Signature Printed Name: r-::C'::- ~',';:;;;~ ~.,- ~. ~ =--,-,z~'~:-..;;.. ,= To be compictcd by Authorized City Representative [Tom Business License & Inspection DeparLment: Vendor Certified: Date: ____ Authorized Signature This.farm MUST be submitted with RFP package. NO Excepti.on(s) will be granted Page D-1 of] ~ - Ii I' " Ii I: r i: I I i I: r I n i! /, I: I i : Tms CERniFllCA'fJE !S 1'0 BE POSTED IN A C:ONSPllCUOUS FLAGS nN 'felllE l~1USlNESS HlElRlEftN :D>ESOU13lEJIl>. 1H.J S RN lESS(i>,Jj)(JlC) CERTWlCA TE ~ I' _J Ii II ",,-ceo u [\!T 2007#028841 011/6/2007 ~SSUE DATll~ crqnlli;?:CATE Issrcmt:' eN NAh"'E'OF MIDWEST MAINTENANCE fNC BQJSENfSS LOCATION 4268 BELAIR FRONTAGE RD STi:, 13 CiElRTWllCATiE ADD1RESfHNFO!PJo/lIATRON WILLIAM MEYERS 2122 CLE\'ENGER P.D PIQUA, OH 45356 MAIUNG AJ[]IlOilR.ESS lNFOlRMATION MIDWEST MAINTENANCE INC POBOX 1203 PIQUA, OH 45356 AT' T /(~ TT T. rC'I fT'''1A \'\ Ii) (.1 IT i.! .~) i i ~ _-:l_'~ 'UJ ceJ U L \ Tms ClETIUfifTICATJE iEXPIIIU;:S ~;'!J1}fIT;d@y~ Deceii1i!lbet" 3]~ 20{t7 'ill ea9'~Y OY0J/2<0ll7-12/3! !20G7 N! :V-' :-:J'Y1::kS SITe rCOTI])E 23322 DI)JLDING CO NT B:ilJSENESS CA:mGO!R'\{ :'BIUSINESS TV?IECONTRACTOR l::'"!!:l.'ti . 1/ II I I lJ 1 i: I' i' I /, I' '[ II , , , II I, II II I THE LICENSE ANlOi INSPECniON DEP AJRTMENT SHALL lHlA VE THE RIGHT TO SUSPEND AN'\{ CERTIFICATE IF THE BUSINESS VIOLA n:s ANY LAW OR ORDINANCE iOFTHE UNITED STATES, THE STATE OF GEORGIA, lOR RICHMOND COUNTY. iORIGINAL . 93597 ~ ~ s:: C) ..) 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MEYER Vice President of Operations. Twenty-S ix years experience. Began career on Field Crew in 1981, advanced to Project Manager/Estimator, promoted to Vice President in 1984. w. JEFF MEYER Vice President of Business Development. Seventeen years with Midwest Maintenance, Inc. Began career on Field Crew in 1990, advanced to Project Manager/Estimator, promoted to Vice President in 2000. JEANNE L. MEYER Corporate Secretary/Treasurer Experienced in all aspects of business accounting since 1962. JEFFREY J. LYMAN Project Manager Seventeen years with Midwest Maintenance, Inc. Began career on Field Crew, Jobsite Foreman 1990-1996. Advanced to Field Superintendent 1996 to 2005. Promoted to Project Manager in 2005 to Present. Midwest Maintenance, lnc., Piqua, Ohio Attachment to "Bid Form Supplement" - Question 4 - Background A nd Experience of Principal Members May /7, 2007 Page 2 JAMRE lE. GIGUERE Project Manager Eleven years with Midwest Maintenance, Inc. Began career 011 Field Crew in 1996. Promoted to Project Estimator/Manager in 2000 to Present. JEFFREY Mo FOX Project Manager Six years with Midwest Maintenance, Inc. Began career in Southern Branch as Project Estimator/Manager in 2001 to Present. JOHN Co SHELLENBERG Project Manager Sixteen years with Midwest Maintenance, Inc. Began career on Field Crew, Jobsite Foreman 1991-2007. Promoted to Project Manager in 2007 to Present. INDEX OF CONTENTS Bidding & Contract Requirements: Index of Contents Invitation to Bid Project Directory Applicable Codes Instructions to Bidders Bid Form Supplement Subcontractor Listing Substitution Listing Corporate Certificate Partnership Certificate Non-collusion Affidavit of Contractor Insurance and Bonding Performance Bond Payment Bond Standard form of Agreement Between Owner and Contractor Non-Influence Affidavit Statutory Affidavit General Conditions of the Contract for Construction Special Conditions DIVISION 1 GENERAL REQUIREMENTS: 01010 01027 01030 01035 01045 01200 01300 01315 01400 01500 01600 01631 01700 01740 Summary of Work (Addendum No.1) Application for Payment Alternates Modification Procedures Cutting and Patching Project Meetings Submittals CPM Schedules and Reports Quality Control Services Temporary Facilities and Controls Materials and Equipment Product Substitutions Project Close-out Warranties and Bonds TECHNICAL SPECIFICATIONS 02412 040140 04200 04420 05400 Selective Structure Demolition Maintenance of Stone Assemblies (Addendum No.1) Unit Masonry Exterior Stone Cladding Cold Formed Metal Framing 07000 07160 07552 07620 07920 08520 22142 99113 Drawina No. 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 Repairs Cementitious Waterproofing SBS-Modified Bituminous Membrane Roofing Sheet Metal Flashing and Trim Joint Sealants Aluminum Windows (Heavy Commercial) Storm Drainage Piping Specialties Exterior Painting (Addendum No.1) INDEX OF DRAWINGS Description Cover Sheet Site Plan Roof Plan North Elevation and Window Schedule South Elevation East and West Elevations Demolition Details Details Details Details Details Details Window Details Window Details Window Details END OF INDEX OF CONTENTS APPLICABLE CODES APPLICABLE CODES Proiect Permitted Bv: City of Augusta Licenses and Inspection Department 1815 Marvin Griffin Road PO Box 9270 Augusta, Georgia, 30906 Telephone # (706) 312-5050 Fax # (706) 312-6277. Robert H. Sherman, III, Director Marshall Masters, Construction Manager Hours of operation are 8:30 AM - 5:00 PM, Monday through Friday. APPLICABLE CODES The following codes govern construction, repairs, and renovations (The editions of the following, including Georgia amendments): 1. 2006 International Building Code, with Georgia Amendments 2. National Electrical Code, 2005 Edition, with Georgia Amendments 3. Life Safety Code, 2000 Edition 4. 1997 Georgia Accessibility Code END OF APPLICABLE CODES AC- 1 INVITATION TO BID INVITATION TO BID The Invitation to Bid is issued by: Procurement Department 530 Greene Street - Room 605 Augusta, GA 30911 Attention: Geri A. Sams IB- 1 PROJECT DIRECTORY PROJECT DIRECTORY EXTERIOR ENVELOPE RENOVATIONS TO THE AUGUSTA RICHMOND COUNTY MUNICIPAL BUILDING OWNER: The Augusta Richmond County Commission Office of the Mayor Mayor: Deke Copenhaver Administrator: Fred Russell Associated Department: Public Services (Facilities Management) 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: Stafford Consulting Engineers 130 Edinburgh South Drive Suite 202 Cary, North Carolina 27511 Attn: Jeremiah M. Edwards 919.461.8125 919.461.8127 fax PD- 1 INSTRUCTIONS TO BIDDERS SECTION 00101 INSTRUCTIONS TO BIDDERS OWNER: Augusta, Georgia, acting by and through the Richmond County Commission Procurement Department 530 Greene Street - Room 605 Augusta, GA 30911 AUn: Geri Sams, Director of Procurement Telephone: 706-821-2422 706-821-2811 PROJECT MANAGER: Heery International, Inc. 501 Greene Street Suite 313 Augusta, GA 30901 Telephone: 706-842-5543 706-821-2484 - Fax DESIGN CONSULTANT: Stafford Consulting Engineers 130 Edinburgh South Drive Suite 202 Cary, North Carolina 27511 PROJECT: EXTERIOR ENVELOPE RENOVATIONS TO THE AUGUSTA RICHMOND COUNTY MUNICIPAL BUILDING For the purposes of these Instructions, the terms "Bid and Bidder" are synonymous with "Proposal and Proposer," To be considered, Proposals must be made in accordance with these instructions to Bidders: 1. DOCUMENTS. Bidders may obtain sets of Bidding Documents from the Augusta Richmond County Procurement Department upon deposit of a non-refundable fee of $100 per set. No partial sets will be issued; no sets will be issued to sub-bidders. 2. EXAMINATION. Bidders shall carefully examine the documents and the construction site. The Bidder is advised to examine the location of the work and to obtain first-hand knowledge of existing conditions, during the mandatory Pre-Bid Conference; the conformation of the ground; the character, quality and quantity of the products needed preliminary to and during the prosecution of the work; the general and local conditions and all other matters which can in any way affect the work to be done under the Contract. Failure to examine the site will not relieve the successful Bidder of obligation to furnish all products and labor necessary to carry out the provisions of the Contract. 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 Page 00101- 1 INSTRUCTIONS TO BIDDERS Owner's preceding for obtaining 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. PROPOSALS. Proposals will be received at the following location: Augusta Richmond County Procurement Department 530 Greene Street - Room 605 Augusta, GA 30911 Attention: Geri A. Sams until the time designated in the advertisement and/or RFP. Proposals received after the designated time will not be accepted. All interested parties are invited to attend. Proposals will be opened publicly and examined for completeness and responsiveness immediately after specified closing time. Bid Forms shall be in separate sealed envelopes within the Proposals, and will not be opened until each Proposal is scored on all other criteria, as specified within the Request for Proposal. Bid Form Supplements shall be included in the main envelope, and examined at the Bid Opening, for and Responsiveness to RFP 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 less than 96 hours (excluding weekends and legal holidays) before the bid closing time/date 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. SUBSTITUTIONS. See Section 01631 of the Specifications. 6. SCHEDULE. The General Contractor shall generate within 21 calendar days after an award of contract, a Critical Path Method (CPM) schedule reflecting all construction activities against time, broken down by applicable trade, and in accordance with Contract Documents. This is a minimum scheduling format requirement. 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. Page 00101- 2 INSTRUCTIONS TO BIDDERS 8. BIDDER'S QUALIFICATION. All responding General Contractors shall answer completely STATEMENT OF BIDDER'S QUALIFICATION portion of Bid Form Supplement. 9. BASIS OF BID. The Bidder must include all unit cost items and all alternatives shown on the Bid Form; failure to comply will be cause for rejection. No segregated bids or assignments will be considered. 10. PREPARATION OF BIDS. Bids shall be made on unaltered Bid Forms. Fill in all blank spaces and submit 1 original and 6 copies as specified in the RFP. Bids shall be signed with name typed below signature. Where bidder is a corporation, Bids shall be signed with the legal name of the firm of the corporation followed by the name of the state of incorporation and the legal signature of an officer authorized to bind the corporation to a contract. 11. BID SECURITY. Bid security shall be made payable to the owner in the amount of 10% of the bid sum. Security shall be a bid bond issued by a surety licensed to conduct business in the State of Georgia, or the equivalent in cashier's or certified check (Checks shall be made payable to Augusta- Richmond County), or such other security as approved by the Augusta-Richmond County Attorney. The successful bidder's security will be retained until he has signed the Contract and furnished the required payment and performance bonds. The Owner reserves the right to retain the security of the other bidders until the successful bidder enters into contract or until 60 calendar days after bids are received. If any bidder refuses to enter into a contract, the Owner will retain his bid security as liquidated damages, but not as a penalty. The bid security shall be submitted with the Proposal, at the time of the Bid Opening. The Owner will only award projects to one individual General Contractor up to the Contractor's bonding capacity. Contractors submitting on one or more than one bid are encouraged to attend all of their bid openings in order to know whether or not to submit for their next bid submission (pending contractor's surety's bonding capacity and if they have previously reached their limit on prior successful low bids) in order to protect their bid bonds. 12. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. The successful bidder, simultaneously, with the execution of the Contract, will be required to furnish a Labor and Material Bond in an amount equal to 100% the contract price and a Performance Bond in an amount equal to 100% of the contractor price; and said Bonds shall be from a surety company acceptable to the Owner. Bidders unable to secure said Bonds within 4 calendar days of Contract execution will be deemed to be in Breach of Contract and subject to termination. 13. SUBCONTRACTORS. Names of principal subcontractors must be listed and attached to the Bid. There shall be only one subcontractor named for each classification listed. 14. SUBMITTAL: MANDATORY/RESPONSIVE DOCUMENTS: The following Mandatory/Responsive Documents must be executed and included with the bid at the time of bid submittal. Proposals submitted without these documents will be rejected. A. Bid Form including Statement of Bidders Qualifications B. Bid Bond Page 00101- 3 INSTRUCTIONS TO BIDDERS C. Bid Form Supplement SUPPLEMENTARY/RESPONSIBLE DOCUMENTS: The following Supplementary/Responsible Documents should be executed and included with the bid at the time of bid submittal. Bids submitted without these documents may be rejected. D. Subcontractor Listing E. Substitution Listing F. Corporate Certificate G. Partnership Certificate H. Non-collusion Affidavit of Contractor 15. MODIFICATION AND WITHDRAWAL. Bids may not be modified after submittal. Bidders may withdrawal 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 to award a contract to the Proposer with the highest overall score, 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. 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: Protection of existing utilities: Page 00101- 4 INSTRUCTIONS TO BIDDERS Traffic control and coordination of traffic and any temporary sign installations. Contractor is to contact the appropriate utility departments prior to providing a bid or commencing work affecting utilities. END OF INSTRUCTIONS TO BIDDERS Page 00101- 5 BID FORM Bid Form Deleted via Addendum. Cost Proposal Form in RFP used. BF - 1 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? If so, where and why? Have you ever defaulted on a Contract? If so, where and why? List the most important projects recently completed by your company, stating the approximate cost for each, and the month and year completed: List experience in construction work similar to this project: List background and experience of the principal members of your organization, including officers. BS- 1 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: Permanent Main Office Address: When organized If a Corporation, where incorporated? Number of years engaged in the contracting business under your present firm or trade name? Credit Available for this contract? Total of current contracts in dollars ($) (Gross Amount) Current work performed by your firm: Have you ever refused to sign a Contract at the original bid? If so, where and why? Give bank reference: 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. BS- 2 BID FORM SUPPLEMENT Dated this day of ,20_. Respectfully Submitted: Name of Company: Address: City, State, Zip: By: Title State of County of of being duly sworn exposes and says that he or she is 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 day of ,20_. (SEAL) Notary Public My Commission Expires: ,20_. BS- 3 BID BOND BID BOND Note to Contractor: Use of Surety's standard Bid Bond or AlA Document A310 is acceptable if it substantially com lies with the followin : Know all by these presents, That we {insert Contractor's Legal Name and Address} as Principal, hereinafter called the Principal, and {insert Legal Name and Address of Surety}, a corporation duly organized under the laws of the State of {insert State of Corporate Organization}, as Surety, hereinafter called the Surety, are held and firmly bound unto: OWNER: Attention: Phone Number Facsimile Number as Obligee, hereinafter called the Obligee in the sum of (not less than ten percent of the Bid) Dollars ($ ), for 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 {insert Owner's Project Number and Description} NOW, THEREFORE, if the Obligee shall accept the Bid of the Principal and (1) the Principal shall enter into a Contract with the Obligee in accordance with the terms of such Bid, and the Principal shall execute the Contract 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 material furnished in the prosecution thereof; or (2) in the event of the failure of the Principal to enter such Contract and give such bond or bonds, and the Principal shall pay to the Obligee the difference not to exceed the difference 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 Day of ,20 Name of Contractor: Principal Witness By: (Seal) Title Name of Surety: Witness By: (Seal) (*) (*) Attach Power of Attorney BB- 1 SUBCONTRACTOR LISTING 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: EXTERIOR ENVELOPE RENOVATIONS TO THE AUGUSTA RICHMOND COUNTY MUNICIPAL BUILDING The undersigned proposes to use the following subcontractors. Except as otherwise approved by the Owner, the undersigned purposes to perform all other portions of the Work with their own forces. Portion of the Work Name of Subcontractor USE ADDITIONAL SHEETS BIDDER: IF REQUIRED BY: TITLE: PROVIDE SIGNATURE IDENTICAL TO THAT SHOWN ON THE BID FORM END OF SUBCONTRACTOR LISTING SL- 1 CORPORATE CERTIFICATE 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: EXTERIOR ENVELOPE RENOVATIONS TO THE AUGUSTA RICHMOND COUNTY MUNICIPAL BUILDING 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 otherwise 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 Material: Spec. Section: Proposed Substitution: Proposed Change in the Contract Amount: $ $ $ $ $ PROVIDE SIGNATURE IDENTICAL TO THAT SHOWN ON THE BID FORM BIDDER: BY: TITLE: NOTE: See Specification Section 01631 for Instructions regarding this sheet. cc- 1 CORPORATE CERTIFICATE CORPORATE CERTIFICATE I, , certify that I am the Secretary of the corporation named as Contractor in the foregoing proposal; that who signed said proposal on behalf of the Contractor was then 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 This day of ,20_ Signature (Seal) CC-2 PARTNERSHIP CERTIFICATE PARTNERSHIP CERTIFICATE STATE OF COUNTY OF On this day of , 20 , 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 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. Partner Partner Partner Partner (Seal) Notary Public My Commission Expires ,20 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. PC-l NON-COLLUSION AFFIDAVIT OF CONTRACTOR NON-COLLUSION AFFIDAVIT OF CONTRACTOR STATE OF COUNTY OF , being first duly sworn, deposes and says that: (1). He or she is of , 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; (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, employees, or parties in the interest. (Seal) Subscribed and Sworn before me this day of , 20 Notary Public My Commission Expires ,20 NCA- 1 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 required coverage shall be submitted to the Owner's Representative, within four calendar days of Notice to Proceed. 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: Commercial 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: Coveraae 1 . Premises and Operations 2. Products and completed operations 3. Personal Injury 4. Contractual Limit $1,000,000 per occurrence $1,000,000 per Occurrence $1,000,000 per Occurrence $1,000,000 per Occurrence IB- 1 INSURANCE AND BONDING 5. General Aggregate $2,000,000 per Project Employer's Liability Insurance: The Contractor shall maintain Employer's Liability Insurance Coverage with limits of at least: (i.) Bodily injury by accident (ii.) Personal injury by disease -$1,000,000 each accident, and -$1,000,000.00 each employee The Contractor shall require that all Subcontractors performing Work under this Contract maintain equivalent Employer's Liability Insurance Coverage, or the Contractor shall provide coverage to said Subcontractors under his own policy. Commercial Busin'ess Automobile Liability Insurance: The Contractor shall provide Commercial Business Automobile Liability Insurance that shall include coverage for bodily injury and property damage arising from the operation of any owned, non-owned, or hired automobile. The Commercial Business Automobile Insurance Policy shall provide not less than $1,000,000 Combined Single Limits for each occurrence. Commercial Umbrella Liability Insurance: The Contractor shall provide Commercial Umbrella Liability Insurance to provide excess coverage above the Commercial General Liability, Commercial Business Automobile Liability and the Worker's Compensation and Employer's Liability to satisfy the minimum limits set forth herein. The umbrella coverage shall follow from with the Umbrella limits required as follows: For Contract Amounts Less Than $5,000,000: $2,000,000 per Occurrence $4,000,000 Aggregate For Contract Amounts Equal to or Greater than $5,000,000: $2,000,000 per Occurrence $10,000,000 Aggregate Worker's Compensation Insurance: The Contractor shall provide Worker's Compensation Insurance covering all employees of the Contractor and any uninsured sub-contractor, in accordance with Georgia statutory limits. A group insurer must submit a certificate of authority from the Insurance Commissioner approving the group insurance plan. A self-insurer must submit a certificate from the Georgia Board of Worker's Compensation stating that the Contractor qualifies to pay its own workers' compensation claims. The Contractor is responsible for verifying that Subcontractors performing work on the Project are covered by their own Worker's Compensation Insurance, or they must be covered under the Contractor's policy. Bonds Within 4 calendar days of Notice to Proceed, the Contractor shall submit Certificates of Insurance as described herein, and a 100% Performance Bond and Labor and Materials Payment Bond in accordance with the following. No material deviation from this language will IB- 2 INSURANCE AND BONDING be accepted. These documents must be filled out completely and notarized with appropriate power of attorney form attached. The bonding company must appear on the Federal Register of approved companies, and the company must be licensed to do business in Georgia as approved by the State Insurance Commissioner's Office. IB- 3 INSURANCE AND BONDING PERFORMANCE BOND , a corporation duly [Insert Proper Name of Surety] organized and existing under the laws of the State of , as surety ("Surety"), and , as principal [Insert Proper Name of Contractor] ("Contractor"), enter into, execute this bond ("Performance Bond"), and bind themselves in favor of the Augusta Richmond County Board of Commissioners as obligee ("Owner"), in the penal sum of dollars ($ ), as of [Insert Date of Construction Contract] [Insert Penal Sum in words and numerals] WHEREAS, the Contractor has executed a contract with the Owner of even date herewith ("Construction Contract") for construction of: [Insert Description and Location of the Project] ("Project"); and WHEREAS, the Owner has required the Contractor to furnish this Performance Bond containing the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor; NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for themselves, their heirs, administrators, executors and successors agree: 1. The Construction Contract is hereby incorporated herein and by reference made a part hereof to the same extent and effect as though it were copied verbatim herein. The Surety and the Contractor are bound for the full performance of the Construction Contract, including, without exception, all of its terms and conditions, both express and implied. 2. IB- 4 INSURANCE AND BONDING 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. (B) 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 IB- 5 INSURANCE AND BONDING not have then been due and payable to the Contractor under the Construction Contract, the Surety shall provide the Owner with such sums in a sufficiently timely manner that the Owner can utilize such sums in making timely payment to the completing contractor; or, (C) Take any and all other acts, if any, mutually agreed upon in writing by the Owner and the Surety. 4. In addition to those duties set forth hereinabove, the Surety shall promptly pay the Owner all loss, costs and expenses resulting from the Contractor's default(s), including, without limitation, fees, expenses and costs for architects, engineers, consultants, testing, surveying and attorneys, liquidated or actual damages, as applicable, for delay in completion of the Project, and fees, expenses and costs incurred at the direction, request, or as a result of the acts or omissions of the Surety. 5. In no event shall the Surety be obligated to the Owner hereunder for any sum in excess of the Penal Sum. As used in this Performance Bond, the term "Penal Sum" means the amount stated as the penal sum in the preamble of this Performance Bond, as that amount may be adjusted from time to time pursuant to Paragraph 6 below. 6. The Surety waives notice of any changes to the Construction Contract including, without limitation, changes in the contract time, the contract price, or the work to be performed. If the total amount payable by the terms of the Construction Contract is increased to an amount in excess of the then current Penal Sum, then, automatically and without notice to or any action required of any party, the Penal Sum shall be increased as the total amount payable by the terms of the Construction Contract is increased. 7. This Performance Bond is provided by the Surety for the sole and exclusive benefit of the Owner, together with its successors or assigns. No other party, person or entity shall have any rights against the Surety hereunder. IB- 6 INSURANCE AND BONDING 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: [Seal] [Seal] [Typed Name] [Typed Name] By: By: [Signature] [Signature] [Printed Name, Title and Address] [Printed Name, Title and Address] IB- 7 INSURANCE AND BONDING PAYMENT BOND , a corporation duly [Insert Proper Name of Surety] organized and existing under the laws of the State of ,as surety ("Surety"), and , as principal ("Contractor"), enter [Insert Proper Name of Contractor] into, execute this bond ("Payment Bond"), and bind themselves in favor of the Augusta Richmond County Board of Commissioners as obligee ("Owner") in the penal sum of dollars ($ ), as of [Insert Penal Sum in words and numerals] [Insert Date of Construction Contract] WHEREAS, the Contractor has executed a contract with the Owner of even date herewith ("Construction Contract") for construction of: [Insert Description and Location of the Project] ("Project"); and, WHEREAS, the Owner has required the Contractor to furnish this Payment Bond containing the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor; NOW THEREFORE, the Surety and the Contractor, both jointly and severally, and for themselves, their heirs, administrators, executors and successors agree: 1. The Construction Contract is hereby incorporated herein and by reference made a part hereof to the same extent and effect as though it were copied verbatim herein. The Surety and the Contractor are bound for the full performance of the Construction Contract including without exception all of its terms and conditions, both express and implied, and, without limitation, specifically including Contractor's obligation to pay for labor, materials, machinery, and equipment provided in connection with the Construction Contract performance. 2. For purposes of this Payment Bond, Beneficiary is defined as any subcontractor or other person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in the Construction Contract, or any other person entitled to the protection of this Payment Bond pursuant to the provisions of Title 36, Chapter 91, Official Code of Georgia Annotated. 3. Every Beneficiary who has not been paid in full for labor or material furnished in the prosecution IB- 8 INSURANCE AND BONDING 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. IB- 9 INSURANCE AND BONDING In no event shall the Surety be obligated hereunder for sums in excess of the Penal Sum. As used in this Payment Bond, the term "Penal Sum" means the amount stated as the penal sum in the preamble of this Payment Bond, as that amount may be adjusted from time to time pursuant to paragraph 5 below. 5. The Surety waives notice of any changes to the Construction Contract including, without limitation, changes in the contract time, the contract price, or the work to be performed. If the total amount payable by the terms of the Construction Contract is increased to an amount in excess of the then current Penal Sum, then, automatically and without notice to or any action required of any party, the Penal Sum shall be increased as the total amount payable by the terms of the Construction Contract is increased. No agreement, modification, or change in the Construction Contract, change in the work covered by the Construction Contract, or extension of time for the completion of the Construction Contract shall release the Surety of this Payment Bond. 6. No action can be instituted hereunder after one (1) year from the completion of the Construction Contract and the acceptance of the Project by the Owner and any other applicable public authorities. 7. Unless otherwise provided herein, any and all notices to the Surety or the Contractor shall be given by Certified Mail, Return Receipt Requested, to the address set forth for each party below, including a courtesy copy to the Owner: 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 8. IB- 10 INSURANCE AND BONDING 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: [SEAL] [SEAL] [Typed Name] [Typed Name] By: By: [Signature] [Signature] [Printed Name, Title and Address] [PrinredName, TitleandAddres~ END OF INSURANCE AND BONDING IB- 11 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR OWNER-CONTRACTOR AGREEMENT THIS CONSTRUCTION CONTRACT ("Contract") made this _day of June, 2007, by and between XXXXXXX, Inc., ("Contractor"), whose address is and Augusta Richmond County, by and through the Augusta Richmond County Commission. 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: "EXTERIOR ENVELOPE RENOVATIONS TO THE AUGUSTA RICHMOND COUNTY MUNICIPAL BUILDING," which includes replacement of windows, joint sealants and roofing systems at the Augusta Richmond County Municipal Building, 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: DOLLARS (XXXXXXX) 3. The Substantial Completion Date shall be achieved within 250 consecutive calendar days beginning the date specified in the Notice to Proceed. 4. The agreed daily amount for Liquidated Damages is: $750.00 per calendar 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: XXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXXXXX Attention: XXX Phone Number: XXXXX Facsimile Number: XXXX Augusta Richmond County Administrator 530 Greene Street Room 801 August, Georgia, 30911 Phone Number: (706) 821-2400 Facsimile Number: (706) 821-2819 SFA-l STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 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 DESIGN CONSULTANT: Stafford Consulting Engineers 130 Edinburgh South Drive Suite 202 Cary, North Carolina 27511 Attn: Jeremiah M. Edwards Phone Number: 919.461.8125 Facsimile Number: 919.461.8127 USING AGENCY: Public Services Department Augusta Richmond County 501 Greene Street Augusta, GA 30901 Attn: Rick Acree Phone Number: (706) 821-2426 Facsimile Number: (706) 821-2484 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. Replace existing windows with new windows, as indicated by the Contract Documents. f. Replace existing sealant joints throughout the building with new sealants, in accordance with the Contract Documents. g. Replace existing roof assemblies with new roof assemblies, as indicated in the Contact Documents. h. Modify existing roof parapets, drains and flashings, etc., as indicated in the Contact Documents. SFA-2 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 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 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: a. Wood blocking replacement b. Wire brush & paint deteriorated metal decking c. Wire brush, paint and apply sheet metal over deteriorated metal decking 13. Applicable Law: This Contract and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 14. Dispute Resolution: Should mediation of disputes prove unsuccessful, the parties to this Agreement agree that the matter(s) in question will be decided in the Superior Court of Richmond County, Georgia. By signing this Agreement, the Design Consultant waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 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, SFA-3 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 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. SFA-4 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR IN WITNESS WHEROF the parties hereto have executed this Contract the day and year first written above. CONTRACTOR ATTEST: XXXXXXXXXXXXXXX a Georgia corporation By: XXXXXXXXXXXxx Seal OW N E R ATTEST: Augusta Richmond County, a political Subdivision of the State of Georgia acting by and through the Augusta Richmond County Commission By: Lena Bonner, Clerk of Commission Deke Copenhaver, Mayor SFA-5 NON-INFLUENCE AFFIDAVIT NON-INFLUENCE AFFIDAVIT STATE OF COUNTY OF I do solemnly swear on my oath that as to the contract dated between and Augusta-Richmond County, Georgia, I have no knowledge of exertion of any influence or the attempted exertion of any influence on the firm on behalf of which this affidavit is made in any way, manner, or form in the purchase or materials, equipment, or other terms involved in the construction, manufacture, or employment of labor under the aforesaid contract by any employee, officer, or agent of Augusta Richmond County, Georgia, in any way whatsoever. This day of ,20_. (Seal) Signature Title Firm Personally before me, the undersigned authority appeared who is known to me to be an official of the firm stated above and after being duly sworn, stated on his or her oath that he or she had read the above statement and that the same is true and correct Notary Public My Commission Expires ,20 NIA-l STATUTORY AFFIDAVIT STATUTORY AFFIDAVIT STATE OF COUNTY OF FROM: Contractor TO: Augusta Richmond County, Georgia, hereinafter called "Owner". SUBJECT: Contract entered into the day of above mentioned parties for the construction of: ,20 , between the EXTERIOR ENVELOPE RENOVATIONS TO THE AUGUSTA RICHMOND COUNTY MUNICIPAL BUILDING KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that all work required under the above contract has been performed in accordance with the terms thereof, that all material men, subcontractors, mechanics, and laborers have been paid and satisfied in full, and that there are no outstanding claims of any character (including disputed claims or any claims to which the contractor has or will assert any defense arising out of the performance of the contract which have not been paid and satisfied in full except as listed herein below: (Instructions: Enter the work "None" or list the names of claimants and the amount claimed by each) 2. The undersigned further certifies that to the best of his knowledge and belief there are no unsatisfied claims or damages resulting from injury or death to any employees, subcontractors, or the public at large arising out of the performance of the contract, or any suits or claims for any other damage of any kind, nature, or description which might constitute a lien upon the property of the Owner. 3. The undersigned makes this affidavit for the purpose of receiving final payment in full settlement of all claims against the owner arising under or by the virtue of the contract, and GC-l STATUTORY AFFIDAVIT acceptance of such payment is acknowledged as a release of the Owner from any and all claims arising under or by the virtue of the contract. This day of ,20_. Signature (Seal) Title Firm Personally before me, the undersigned authority appeared who is known to me to be an official of the firm stated above and after being duly sworn, stated on his or her oath that he or she had read the above statement and that the same is true and correct Notary Public My Commission Expires ,20 GC-2 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE GC-1 CONTRACT DOCUMENTS GC-1.1 DEFINITIONS 1.1.1 AS SHOWN, AS INDICATED, AS DETAILED These words, and words of like implication, refer to information contained in the drawings describing the Work, unless explicitly stated otherwise in other Contract Documents. 1.1.2 BIDDER Any individual, company, corporation, partnership, or joint venture who submits a bid to the Owner for the Work as distinct from a sub-bidder who submits a bid to the Bidder. 1.1.3 BIDDING DOCUMENTS The Invitation to Bid, Instructions to Bidders, Sample Forms, Proposal, all Conditions of the Contract, Specifications, Drawings and Addenda issued prior to receipt of bids by Owner. 1.1.4 THE CONTRACT DOCUMENTS The Contract Documents consist of the Owner-Contractor Agreement, the Conditions of the Contract (General, Supplementary and Special), the Drawings, Specifications, and all Addenda issued prior to execution of the Contract, written amendments to the Contract signed by the Owner and the Contractor, Change Orders, a written interpretation or clarification issued by the Design Consultant pursuant to Subparagraph 2.2.17 or a written order issued by the Construction Program Manager pursuant to Subparagraph 12.1.2. The Contract Documents do not include Bidding Documents such as the Advertisement or Invitation to Bid, the Instructions to Bidders, sample forms, the Contractor's Bid or portions of Addenda relating to any of these, or any other documents, unless specifically enumerated in the Owner-Contractor Agreement. 1.1.5 THE CONTRACT The Contract is the sum of all the Contract Documents. This Contract represents the entire and integrated agreement between the Owner and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by (1) a written amendment to the Contract signed by the Owner and the Contractor, (2) a Change Order, (3) a written interpretation or clarification issued by the Design Consultant pursuant to Subparagraph 2.2.17, or (4) a written order issued by the Construction Program Manager pursuant to Subparagraph 12.1.2. 1.1.6 DIRECTED, REQUIRED, ACCEPTABLE When these words refer to the Work or its performance, "directed," "required," "permitted," "ordered," "designated," "prescribed," and words of like implication, mean "by direction of," "requirements of," "permission of," "order of," "designation of," or "prescription of' the Design Consultant. Likewise, "acceptable," "satisfactory," "in the judgment of," and words of like import, mean "recommended by," "acceptable to," "satisfactory to," or "in the judgment of' the Design Consultant. 1.1.7 MANUFACTURER An individual, company, or corporation who manufactures, fabricates, or assembles a standard product. A standard product is one that is not made to special design, and is furnished by either direct sale or by contract to the Contractor, Subcontractor or Vendor. 1.1.8 MATERIAL SUPPLIER OR VENDOR A person or organization who supplies, but who is not responsible for the installation of, materials, products and equipment of a standard nature that are not specifically fabricated for this particular contract. GC-l GENERAL CONDITIONS J 1.1.9 PLANS OR DRAWINGS All drawings or reproduction of drawings pertaining to required work. 1.1.10 PRODUCT The term "product includes materials, systems and equipment. 1.1.11 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or part. 1.1.12 PROJECT MANUAL The Project Manual includes the bidding requirements, all Conditions of the Contract and Specifications. 1.1.13 PROPOSAL A complete and properly signed document whereby a Bidder proposes to do the Work or designated portion thereof for the sums stipulated therein, supported by data called for by the bidding requirements. 1.1.14 PROVIDE As a directive to the Contractor, "provide" means "furnish and install completely." 1.1.15 SPECIFICATIONS Descriptions, provisions and requirements, pertaining to method and manner of performing work, or to quantities and qualities of materials to be furnished under terms of the Contract. 1.1.16 THE WORK The Work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. GC-1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed in not less than quadruplicate by the Owner and Contractor each of which shall be deemed an original, but all of which shall constitute one and the same instrument. If either the Owner or the Contractor or both do not sign the Conditions of the Contract, Drawings, Specifications, or any of the other Contract Documents, the Construction Program Manager and the Design Consultant shall identify such documents. 1.2.2 By executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents. 1.2.3 The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. Work not covered in the Contract Documents will not be required unless it is consistent therewith or is reasonably inferable therefrom as being necessary to produce the intended results. 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. 1.2.4 The organization of the Specifications into division, sections and articles, and the arrangement of the Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 If any portion of the Contract Documents shall be in conflict with any other portion, 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 GC-2 GENERAL CONDITIONS Consultant issued pursuant to Subparagraph 2.2.17 or by the Construction Program Manager pursuant to Subparagraph 12.1.2, Change Orders, written amendment to the Owner-Contractor Agreement, the Owner-Contractor Agreement, Addenda; Special Conditions; Supplementary Conditions; General Conditions. The Specification 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 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; and details take precedence over general drawings. 1.2.6 The Contractor agrees that nothing contained in the Contract Documents or any Contract between the Owner and the Construction Program Manager or the Owner and the Design Consultant shall create any contractual relationship between the Construction Program Manager and the Contractor, the Design Consultant and the Contractor, the Design Consultant and the Construction Program Manager, or between the Owner, Design Consultant and Construction Program Manager and any Subcontractor or Sub-subcontractors. The Contractor acknowledges and agrees that this Agreement is not intended to create, nor shall any provision be interpreted as creating any contractual relationship between the Owner or Contractor and any third parties. 1.2.7 Any material or operation specified by reference to published specifications of a manufacturer, a society, an association, a code, or other published standard, shall comply with requirements of the listed document which is current on date of receipt of bids. In case of a conflict between referenced document and Project Specifications, Project Specifications shall govern. In case of a conflict between referenced documents, the one having more stringent requirements shall govern. 1.2.8 The Contractor, if requested, shall furnish an affidavit from manufacturer certifying that a material or product delivered to job meets requirements specified. GC-1.3 OWNERSHIP AND USE OF DRAWINGS AND SPECIFICATIONS 1.3.1 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably necessary for the execution of the Work. 1.3.2 All Drawings, Specifications and copies thereof furnished to the Contractor are and shall remain property of the Owner. They are to be used only with respect to this Project and are not to be used on any other project. With the exception of one contract set for each party to the Contract, such documents are to be returned or suitably accounted for to the Owner on request at the completion of the Work. END OF ARTICLE 1 GC-3 GENERAL CONDITIONS ARTICLE GC-2 DESIGN CONSULTANT GC-2.1 DEFINITION 2.1.1 The Design Consultant is the person or organization lawfully licensed to practice architecture or engineering, or any entity lawfully practicing architecture or engineering, and 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 Design Consultant means the Design Consultant and his architects and engineers whether under contract or within his own organization, or his authorized representative. GC-2.2 SERVICES OF THE DESIGN CONSULTANT 2.2.1 The Design Consultant will provide certain services as hereinafter described. 2.2.2 The Design Consultant shall at all times have access to the Work whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access so the Design Consultant may perform his functions under the Contract Documents. 2.2.3 The Design Consultant will not be responsible for or have control or charge of the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Design Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. 2.2.4 The Design Consultant shall review Shop Drawings, Product Data and Samples, and other submissions of the Contractor as well as the Work performed by the Contractor but only for conformance with the design concept of the Project and for general compliance with the Contract Documents. The review of submittals shall be accomplished by the Design Consultant within fourteen (14) calendar days from date of receipt except when authorized otherwise by Construction Program Manager. 2.2.5 The Construction Program Manager will establish with the Design Consultant, procedures to be followed for review and processing of all Shop Drawings, catalog submissions, Project reports, test reports, maintenance manuals, and other necessary documentation, as well as requests for changes and applications for extensions of time. 2.2.6 The Design Consultant shall, when requested by the Construction Program Manager, prepare Change Orders. 2.2.7 Should errors, omissions or conflicts in the Drawings, Specifications or other Contract Documents by the Design Consultant be discovered, the Design Consultant will prepare such amendments or supplementary documents, and provide consultation as may be required. 2.2.8 The Design Consultant will make such periodic visits to the Project site as may be necessary 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. 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 and his consulting engineers shall not be required to make exhaustive or full-time on-site inspections to check the quality or quantity of the Work, but he shall make as many inspections as may be reasonably required to fulfill his obligations to the Owner. 2.2.9 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 required by Subparagraph 2.2.8. GC-4 GENERAL CONDITIONS 2.2.10 The Design Consultant shall consult with the Construction Program Manager regarding the Contractor's Applications for Payment and shall sign the Certificates of Payment as provided in Subparagraph GC-9.4.3. 2.2.11 If the Design Consultant observes any work that does not conform to the Contract Documents, the Design Consultant shall report this observation to the Construction Program Manager. 2.2.12 The Design Consultant has authority to disapprove, condemn or reject work on behalf of the Owner when, in the Design Consultant's opinion, the Work does not conform to the Contract Documents. Whenever in the Design Consultant's reasonable opinion it is considered necessary or advisable to insure the proper implementation of the intent of the Contract Documents, the Design Consultant will have the authority to require special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. 2.2.13 The Design Consultant will prepare and submit to the Construction Program Manager lists, including "punchlists" of the portions of Work of the Contractor which are not in conformance with the Contract Documents. The Construction Program Manager will transmit such lists to the Contractor for correction or completion thereof. 2.2.14 The Design Consultant and Construction Program Manager shall conduct observations to determine the dates of Substantial Completion and Final Completion and will jointly issue a final Certificate for Payment. 2.2.15 The Design Consultant will prepare a set of reproducible Record Drawings showing significant changes in the Work made during the construction process, based on neatly and clearly marked-up prints, drawings, and other data furnished by the Contractor. 2.2.16 The Design Consultant will provide the Owner assistance in the original operation of any equipment or system such as initial start-up, testing, adjusting or balancing. 2.2.17 As required, the Design Consultant will render to the Construction Program Manager, within a reasonable time, interpretations or clarifications of requirements of the Contract Documents. The Design Consultant will make all interpretations consistent with the intent of, and reasonably inferable from the Contract Documents. The Design Consultant's decisions in matters relating to the artistic effect shall be final if consistent with the intent of the Contract Documents. 2.2.18 All communications, correspondence, submittals and documents exchanged between the Design Consultant and the Contractor in connection with the Project shall be through the Construction Program Manager or in the manner prescribed by the Construction Program Manager. 2.2.19 If the Owner terminates the employment of the Design Consultant, the Owner may appoint a new Design Consultant. Status of the new Design Consultant under the Contract Documents shall be that of the former Design Consultant. END OF ARTICLE 2 GC-5 GENERAL CONDITIONS ARTICLE GC-3 OWNER GC-3.1 DEFINITION 3.1.1 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. GC-3.2 CONSTRUCTION PROGRAM MANAGER 3.2.1 The Construction Program Manger is the Owner's exclusive representative and agent to the Contractor with respect to this Project during construction and until the issuance of the final Certificate of Payment. The Owner's communications with the Contractor and Design Consultant shall be exclusively through the Construction Program Manager. The Construction Program Manager will have full authority to act on behalf of the Owner with regard to all aspects of this Project except that the Owner must approve all Change Orders and payments to the Contractor. 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, enlarge, relax or release any requirements of the Contract, nor to approve or accept any portion of the Work not executed in accordance with, nor to issue any instructions contrary to the Contract Documents. GC-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 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 for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 3.3.4 The Owner and Construction Program Manager will not be responsible for the failure of the Contractor to plan, schedule and execute the Work in accordance with the approved schedule or the failure of the Contractor to meet the Contract completion dates or the failure of the Contractor to schedule and coordinate the Work of his own trades and Subcontractors or to coordinate and cooperate with other separate Contractors. 3.3.5 The Owner and Construction Program Manager will not be responsible for the acts or omissions of the Design Consultant, the Contractor, any other contractor, or any subcontractor, or any contractor's or subcontractor's agents or employees, or any other persons performing any of the Work. 3.3.6 The Construction Program Manager has authority to disapprove, condemn or reject work on behalf of the Owner when, in the Construction Program Manager's opinion, the Work does not conform to the Contract Documents. Whenever in the Construction Program Manager's reasonable opinion it is considered necessary or advisable to insure the proper implementation of the intent of the Contract Documents, the Construction Program Manager shall have the authority to require special inspection or testing of any work in accordance with the provisions of the Contract Documents whether or not such work be then fabricated installed or completed. 3.3.7 The Construction Program Manager will have authority to require special inspection or testing of the Work in accordance with Subparagraph 3.3.6 whether or not such Work be then fabricated, installed GC-6 GENERAL CONDITIONS or completed. However, neither the Construction Program Manager's authority to act under Subparagraphs 3.3.6 and 3.3.7, nor any decision made by the Construction Program Manager in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Construction Program Manager to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of t~e Work. 3.3.8 The Construction Program Manager shall have the authority and discretion to call, schedule and conduct job meetings to be attended by the Contractor, representatives of his Subcontractors and the Design Consultant, to discuss such matters as procedures, progress, problems and scheduling. 3.3.9 The Construction Program Manager will establish procedures to be followed for processing all shop drawings, catalogs and other Project reports and other documentation, test reports and maintenance manuals. 3.3.10 The Construction Program Manager will review all requests for changes and shall implement the processing of Change Orders including application for extensions of time. 3.3.11 The Construction Program Manager will review and process all applications for payment by the Contractor, including final application for payment and will consult with the Design Consultant as appropriate. 3.3.12 The Owner will furnish all surveys in his possession describing the physical characteristics, legal limitations and utility locations for the site of the Project. The Contractor shall carefully review this data since the Owner makes no warranty as to accuracy or completeness of such surveys. 3.3.13 The Owner will secure and pay for easements for permanent structures or permanent changes in existing facilities. 3.3.14 Information or services under the Owner's control will be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. GC-3.4 OWNER'S RIGHT TO STOP THE WORK 3.4.1 If the Contractor fails to correct defective Work as required by Paragraph 4.6 or persistently fails to carry out the Work or supply labor or material in accordance with the Contract Documents, the Construction Program Manager, by a written order, may instruct the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Construction Program Manager to stop the Work on behalf of the Owner shall not give rise to any duty on the part of the Construction Program Manager to exercise this right for the benefit of the Contractor or any other person or entity. 3.4.2 The Construction Program Manager may order the Contractor in writing to suspend, delay, or interrupt all or any part of the Work for such period of time as it may determine to be appropriate for the convenience of the Owner. 3.4.3 If the performance of all or any part of the Work is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the Owner, the Construction Program Manager or the Design Consultant in the administration of this Contract, or by failure of anyone of them to act within the time specified in this Contract (or if not time is specified, within a reasonable time), an equitable adjustment shall be made for any increase in the Contractor's costs of performance (excluding profit) and any increase in the time required for performance of any part of the Work under this Contract necessarily caused by such unreasonable suspension, delay, or interruption and the Contract modified in writing accordingly. However, no equitable adjustment shall be made under this Subparagraph GC-3.4.3 for any suspension, delay or interruption to the extent that performance would have been so suspended pursuant to Subparagraph GC-3.4.1, or for which an equitable adjustment is provided for or excluded under any other provision of this Contract. No claim for an equitable adjustment under this Subparagraph shall be allowed (1) for any costs incurred more GC-7 GENERAL CONDITIONS than seven (7) days before the Contractor shall have notified the Construction Program Manager in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from an order under Subparagraph 3.4.2), (2) for any claim for an extension of time required for performance, unless within seven (7) days after the act or failure to act involved, the Contractor submits to the Construction Program Manager a written statement setting forth, as then practicable, the extent of such claimed time extension, and (3) unless the claims for increased costs or for a time extension, in an amount stated, are asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption; provided, however, that the Construction Program Manager may deem a notice received within the seven (7) day period as provided in this paragraph even though received after said time period. 3.4.4 No claim by the Contractor for an equitable adjustment under Subparagraph GC-3.4.3 shall be allowed if asserted after Final Payment under this Contract. GC-3.5 OWNER'S RIGHT TO CARRY OUT THE WORK 3.5.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days after receipt of written notice from the Construction Program Manager to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies and may further elect to complete all the Work thereafter through such means as the Owner may select including the use of a new contractor. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Design Consultant's and the Construction Program Manager's additional services made necessary by such default, neglect or failure. Such action by the Owner and the amount charged to the Contractor are both subject to the prior approval of the Construction Program Manager and the Design Consultant. 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. END OF ARTICLE 3 GC-8 GENERAL CONDITIONS ARTICLE CG-4 CONTRACTOR GC-4.1 DEFINITION 4.1.1 The Contractor is the person or organization 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 Contractor means the Contractor or his authorized representative, who shall have authority to bind the Contractor in all matters pertinent to this Contract. GC-4.2 REVIEW OF CONTRACT DOCUMENTS 4.2.1 Before placing his proposal to the Owner, and continuously after the execution of this 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 or omission he may discover including any requirement which may be contrary to any law, ordinance, rule, regulation or order of any public authority bearing on the performance of the Work. By submitting his proposal or bid for this Agreement and the Work under it, the Contractor agrees that the Contract Documents, along with any supplementary written instructions issued by or through the Construction Program Manager that have become a part of the Contract Documents, appear accurate, consistent, and complete insofar as can reasonably be determined. If the Contractor has reported in writing an error, inconsistency or omission and has promptly stopped the affected Work until instructed, and otherwise followed the instructions of the Owner, the Contractor shall not be liable to the Owner or the Design Consultant for any damage resulting from any such errors, inconsistencies or omissions in the Contract Documents. The Contractor shall do no Work with Contract Documents and, when required, approved Shop Drawings, Product Data or samples for such portions of the work. GC-4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. 4.3.2 The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontractors and their agents and employees, and other persons performing any of the Work. 4.3.3 The Contractor shall not be relieved from his obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Design Consultant or the Construction Program Manager in their administration of the Contract, or by inspections, tests or approvals (or the lack thereof) required or performed under Paragraph GC-4.22 by persons other than the Contractor. 4.3.4 The Contractor shall employ a competent Superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The Superintendent shall represent the Contractor and all communications give to the Superintendent shall be as binding as if given to the Contractor. If requested by the Construction Program Manager, the Contractor shall provide a management chart and a list of personnel which shall constitute the superintending staff. In that event, all references to the Superintendent below shall be taken to mean superintending staff. 4.3.5 The Superintendent shall remain on the Project not less than eight hours per day, five days a week unless the job is closed down due to a general strike, conditions beyond the control of the Contractor, termination of the Contract in accordance with the Contract Documents, or until Final Completion. The Superintendent shall not be employed on any other project during the course of this Work. GC-4.4 LABOR AND MATERIALS GC-g GENERAL CONDITIONS 4.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the execution and completion of the Work in accordance with the Contract Documents and any applicable code or statute, whether or not specifically required thereby as long as same is reasonably inferable therefrom as being necessary to produce the intended results, and whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 4.4.2 All work under this Contract shall be performed in a skillful and workmanlike manner. 4.4.3 The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned. The Owner may, in writing, require the Contractor to remove from the Work any employee the Owner deems incompetent, careless or otherwise objectionable. GC-4.5 WARRANTY 4.5.1 The Contractor warrants to the Owner and the Design Consultant that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, is hereby deemed defective. 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. 4.5.2 If, within one year after the Date of Final Completion of the Work or within such longer period of time. as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so. This obligation shall survive Termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 4.5.3 The warranties set forth in Paragraph GC-4.5 and elsewhere in the Contract Documents shall survive final acceptance under Paragraph GC-9.9. GC-4.6 UNCOVERING AND CORRECTION OF WORK 4.6.1 If any portion of the Work should be covered contrary to the request of the Owner, the Design Consultant or to requirements specifically expressed in the Contract Documents, it must be, if required in writing by the Owner, uncovered for observation and shall be replaced at the Contractor's expense. 4.6.2 If any other portion of the Work has been covered which the Design Consultant or the Owner has not specifically requested to observe prior to being covered, either may request to see such work and it shall be uncovered by the Contractor. If such work is found in accordance with the Contract Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Contract Documents, the Contractor shall pay such costs unless it be found that this condition was caused by the Owner or a separate contractor as provided in Article 6, in which event the Owner shall be responsible for the payment of such costs. 4.6.3 The Contractor shall promptly correct all work rejected by the Construction Program Manager or the Design Consultant as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work, including compensation for the Design Consultant's and the Construction Program Manager's additional services made necessary thereby. 4.6.4 The Contractor shall, unless removal is waived by the Owner, remove from the site all portions of the Work which are defective or non-conforming, or if permitted or required, shall correct such work in GC-I0 GENERAL CONDITIONS place by and at the expense of the Contractor promptly after notice, and such rejected work shall not thereafter be tendered for acceptance unless the Contractor gives notice that the work was subject to former rejection or requirement of correction. 4.6.5 If the Contractor does not proceed with the correction of such defective or non-conforming work within a reasonable time fixed by written notice from the Owner, the Owner may either (1) by 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 GC-13.3. If the Contractor does not pay the cost of such replacement or correction and the removal and storage within ten days thereafter, the Owner may, upon ten 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 charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 4.6.6 The Contractor shall bear the cost of making good the work of the Owner or separate contractors destroyed or damaged by such correction or removal. 4.6.7 Nothing contained in this Paragraph GC-4.6 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents, including Paragraph GC-4.5 hereof. The establishment of the time period of one year after the Date of Final Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to his obligations other than specifically to correct the Work. 4.6.8 If the Owner prefers to accept defective or non-conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable. If the amount is determined after final payment, it shall be paid to the Owner by the Contractor. GC-4.7 TAXES 4.7.1 The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective. GC-4.8 PERMITS, FEES AND NOTICES 4.8.1 Except as specifically provided in the Contract Documents the Contractor shall secure and pay for all permits, governmental fees, charges, or licenses and inspections necessary for the proper execution 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 on a timely basis. 4.8.2 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations or orders of any public authority bearing on the performance of the Work. 4.8.3 If the Contractor performs any of the Work knowing it to be contrary to any laws, ordinances, rules, regulation or orders of any public authority bearing on the performance of the Work, and does so GC -11 GENERAL CONDITIONS without reasonable notice to the Construction Program Manager of same, Contractor shall assume full responsibility therefor and shall bear all costs attributable thereto. GC-4.9 ALLOWANCES 4.9.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by these allowances shall be supplied for such amounts and by such persons as the Owner may direct, but the Contractor will not be required to employ persons against whom he makes a reasonable objection. 4.9.2 Unless otherwise provided in the Contract Documents: .1 these allowances shall cover the cost to the Contractor, less any applicable trade discount, of the materials and equipment required by the allowance delivered at the site, and all applicable taxes; .2 the Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall all be included in the Contract Sum and not in the allowance; .3 whenever the cost is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, the amount of which will recognize changes, if any, in handling costs on the site, labor, installation costs, overhead, profit and other expenses. GC-4.10 CONTRACTOR'S CONSTRUCTION SCHEDULE 4.10.1 The Contractor, immediately after being awarded the Contract, shall prepare and submit, for the Construction Program Manager's approval, a Construction Schedule for the Work which shall provide for expeditious and practicable execution of the Work for completion within the Contract Time. This schedule shall be coordinated with the entire Project Construction Schedule to the extent required by the Contract Documents. The Construction Schedule shall be revised as required by the conditions of the Work and the Project, subject to the Construction Program Manager's approval. GC-4.11 RESPONSIBILITY FOR COMPLETION 4.11.1 The Contractor shall furnish such manpower, materials, facilities and equipment and shall work such hours, including night shifts, overtime operations, Sundays and holidays, as may be necessary to insure the prosecution and completion of the Work or specified portions thereof within the specific dates of the Contract. If it becomes apparent to the Construction Program Manager from progress on the current Construction Schedule that the Work will not be completed within the Contract Time, the Contractor agrees that he will, as necessary, take some or all of the following actions, at no additional cost to the Owner, to improve the progress: .1 increase manpower in such quantities and crafts as will substantially eliminate, in the judgment of the construction Program Manager, the backlog of work; .2 increase the number of working hours per shift, hours per working day, working days per week or the amount of equipment, or any combination of the foregoing, sufficiently to substantially eliminate, in the judgment of the Construction Program Manager, the backlog of work; and .3 reschedule activities to achieve maximum practical concurrency of accomplishment of activities. GC-12 GENERAL CONDITIONS In addition, the Construction Program Manager may require the Contractor to submit a Recovery Schedule demonstrating his proposed plan to make up lag in scheduled progress and to ensure completion of the Work within the Contract Time. If the Construction Program Manager finds the proposed plan not acceptable, he may require the Contractor to submit a new plan. If the actions taken by the Contractor or the second plan proposed are not satisfactory, the Construction Program Manager may require the Contractor to take any of the actions set forth in this Paragraph GC-4.11, without additional cost to the Owner, to make up the lag in scheduled progress. 4.11.2 In the event any of the following conditions exist, the Contractor shall require that his Superintendent be at the job site not less than ten (10) hours per day, six (6) days per week: .1 should Substantial Completion not be accomplished on schedule; .2 should Final Completion not be accomplished on schedule; .3 should the project schedule indicate the Contractor to be fourteen (14) or more days behind schedule at any time during the construction up until thirty (30) days prior to scheduled Substantial Completion; .4 should the project schedule indicate the Contractor to be seven or more days behind schedule at any time during the last thirty (30) days prior to scheduled Substantial Completion. 4.11.3 Failure of the Contractor to substantially comply with the requirements of this Paragraph GC-4.11 may be considered grounds for a determination by the Owner, pursuant to Subparagraph GC-13.3.1.1 that the Contractor is failing to prosecute the Work with such diligence as will ensure its completion within the time specified. GC-4.12 DOCUMENTS AND SAMPLES AT THE SITE 4.12.1 The Contractor shall maintain in a safe place at the site for the Owner one record copy of all Drawings, Specifications, Addenda, Change Orders, amendments and written interpretations and clarifications, in good order and marked currently to record all changes applicable to the Work made during construction and approved Shop Drawings, Product Data and Samples. These shall be available to the Construction Program Manager and the Design Consultant during construction and shall be deliver to the Construction Program Manager upon completion of the Work. GC-4.13 SHOP DRAWINGS AND SAMPLES 4.13.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared by the Contractor or Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 4.13.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor which illustrates a material, product or system for some portion of the Work. 4.13.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 4.13.4 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the Owner or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. .1 For standard manufactured items not requiring special Shop Drawings for manufacture, submit nine (9) copies of manufacturer's catalog sheets showing illustrated cuts of item to be furnished, scale details, sizes, dimensions, performance characteristics, capacities, wiring GC -13 GENERAL CONDITIONS diagrams and controls, and all other pertinent information. Four (4) copies of reviewed submissions will be returned to the Contractor. .2 For all other Shop Drawings, submit legible, unfolded, reproducible (positive side up sepia) transparencies and three (3) opaque print(s) for each drawing. Each drawing shall have a clear space for stamps. When phrase "by others" appears on Shop Drawings, the Contractor shall indicate on the drawing who is to furnish material or operations so marked before submittal. When Shop Drawings are checked "revise and resubmit", the Contractor shall correct original tracing and submit a new transparency and opaque prints for review. .3 For use of all trades, the Contractor shall provide such number of prints as are required for field distribution. 4.13.5 By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Contractor shall adhere to any supplementary processing and scheduling instruction, pertaining to Shop Drawings, as may be issued by the Construction Program Manager. 4.13.6 The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Design Consultant's review of Shop Drawings, Product Data or Samples under Subparagraph GC-2.2.4 unless the Contractor has received a Change Order for same. Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Design Consultant's review thereof. 4.13.7 The Contractor shall make any corrections required by the Design Consultant and shall resubmit the required number of corrected copies of Shop Drawings or new Samples. Resubmittal of Shop Drawings necessitated by required corrections shall not be a cause for extension of time. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than the corrections requested on previous submittals. 4.13.8 No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commence until the submittal has been reviewed by. the Design Consultant as provided in Subparagraph GC-2.2.4. All such portions of the Work shall be in accordance with approved submittals. 4.13.9 Shop Drawings and Samples shall be dated and bear: Name of project; description or names of equipment, materials and items; and complete identification of locations at which materials or equipment are to be installed. 4.13.10 Submission of Shop Drawings, Product Data or Samples shall be accompanied by transmittal letter, in duplicate, containing Project name, Contractor's name, number of drawings and samples, titles and other pertinent data. 4.13.11 Each Shop Drawing and Product Data 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. GC-4.14 USE OF SITE 4.14.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site or access to the site with any materials or equipment. 4.14.2 The Contractor shall coordinate all of his operations with and secure approval from the Owner before using any portion of the site. GC-14 GENERAL CONDITIONS 4.14.3 The Contractor shall not occupy the site nor commence work thereon until deemed by the Construction Program Manager to be in compliance with all bond and insurance requirements. GC-4.15 CUTTING AND PATCHING OF WORK 4.15.1 The Contractor shall be responsible for all cutting, fitting or patching that may be required to complete the Work or to make its several parts fit together properly. 4.15.2 The Contractor shall not damage or endanger any portion of the Work of the Owner or any separate contractors by cutting, patching or otherwise altering any work, or by excavation. The Contractor shall not cut or otherwise alter the work of the Owner or any separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor shall not unreasonably withhold from the Owner or any separate contractor his consent to cutting or otherwise altering the Work. 4.15.3 Existing structures and facilities, including but not limited to buildings, utilities, topography, streets, curbs, walks, etc., that are damaged or removed due to required excavations or other construction work, shall be patched, repaired or replaced by the Contractor to the satisfaction of the Construction Program Manager, the Design Consultant, the owner of such structures and facilities and authorities having jurisdiction. In the event the local jurisdictional authorities require that such repairing and patching be done with their own labor and materials, the Contractor shall abide by such regulations and pay for such work. GC-4.16 CLEANING UP 4.16.1 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials. 4.16.2 If the Contractor fails to clean up during or at the completion of the Work, the Owner may do so as provided in Paragraph GC-6.3 and the cost thereof shall be charged to the Contractor. GC-4.17 COMMUNICATIONS 4.17.1 The Contractor shall forward all communications, whether to the Design Consultant or Owner, only through the Construction Program Manager. Similarly all communications to the Contractor from the Owner and Design Consultant will be through the Construction Program Manager. GC-4.18 ROYALTIES AND PATENTS 4.18.1 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner, Construction Program Manager and Design Consultant harmless from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly give notice of such infringement to the Construction Program Manager. GC-4.19 INDEMNIFICATION 4.19.1 To the fullest extent permitted by law, the Contractor shall at his sole cost and expense, indemnify, defend, satisfy all judgments 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, judgments, costs, penalties, liabilities, damages, losses and expenses, including but not limited to attorney's fees arising out of or resulting from the performance of the Work, provided that any such claim, action judgment, cost, penalty, liability, damage, loss or expense (1) is attributable to GC-15 GENERAL CONDITIONS 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 negligent 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. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph GC-4.19. 4.19.2 In any and all claims against the Owner, the Construction Program Manager or the Design Consultant or any of their agents, representatives or employees by any 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 4.19 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 and Subcontractor under workers' workmen's compensation acts, disability acts or other employee benefit acts. 4.19.3 No provision of this Paragraph GC-4.19 shall give rise to any duties on the part of the Construction Program Manager, the Design Consultant or the Owner or their agents, representatives or employees. GC-4.20 PERSONS AUTHORIZED TO SIGN DOCUMENTS 4.20.1 The Contractor shall, within five (5) days after Notice to Proceed or execution of the Contract, whichever is earliest, file with the Construction Program Manager a list of all persons who are authorized to sign documents such as contracts, certificates, and affidavits, on behalf of the Contractor and to fully bind the Contractor to all the conditions and provisions of such documents, except that in the case of a corporation he shall file with the Construction Program Manager a certified copy of a resolution of the Board of Directors of the corporation in which are listed the names and titles of corporation personnel who are authorized to sign documents on behalf of the corporation and to fully bind the corporation to all the conditions and provisions of such documents. GC-4.21 CONDITIONS AFFECTING THE WORK 4.21.1 The Contractor shall be responsible for having taken all steps necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Failure by Contractor to fully acquaint himself with conditions which may affect the Work, including, but not limited to, conditions relating to transportation, handling, storage of materials, availability of labor, water, roads, weather, topographic and subsurface conditions, other separate contractors applicable provisions of law, and the character and availability of equipment and facilities needed prior to and during the prosecution of the Work, shall not relieve Contractor of his responsibilities under the Contract Documents and shall not constitute a basis for an equitable adjustment under any circumstances. The Owner assumes no responsibility for any understanding or representations concerning conditions made by the Contractor, any of his officers, agents, employees or Subcontractors prior to the execution of this Contract, unless such understanding or representations are expressly stated in the Contract Documents. 4.21.2 If in the execution of the Work any valuable items or materials of any kind are discovered buried or hidden within the Work, such items or materials shall be the property of the Owner. The Contractor shall take reasonable precautions to prevent any persons from removing or damaging such items or materials and shall, immediately upon discovery thereof and before removal, acquaint the Construction Program Manager or the Design Consultant with such discovery and carry out, at the expense of the Owner, the Construction Program Manager's orders as to disposal of the same. GC-4.22 TESTS GC-16 GENERAL CONDITIONS 4.22.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any portion of the Work to be inspected, tested or approved, the Contractor shall give the Construction Program Manager timely notice of its readiness so the Design Consultant and the Construction Program Manager may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or approvals. 4.22.2 If the Design Consultant or the Construction Program Manager determine that any Work requires special inspection, testing or approval which Subparagraph GC-4.22.1 does not include, the 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 GC-4.22.1. 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 respect to the performance of the Work, with laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, the 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. If such special inspection or testing reveals that the Work is in compliance with all applicable requirements, the Owner shall bear all costs thereof. 4.22.3 Inspections and tests required to establish compliance with the Contract Documents, as provided for in the Contract Documents, will be made by a pre-qualified, independent testing agency approved by the Owner. The cost of services of such agency will be paid by the Contractor. When the initial tests indicate non-compliance with the Contract Documents, any subsequent retesting occasioned by non- compliance shall be performed by the same agency and the cost thereof borne by the Contractor. Representatives of the testing agency shall have access to the Work at all times. The Contractor shall provide facilities for such access in order that the agency may properly perform its functions. 4.22.4 Inspections or testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor. 4.22.5 The independent testing agency shall prepare the test reports, logs, and certificates applicable to the specific inspections and tests and promptly deliver the specified number of copies of same to the designated parties. Certificates of inspection, testing or approval required by public authorities shall be secured by the Contractor and delivered to him by the Owner, in such time as to not delay progress of the Work or final payment therefor. END OF ARTICLE 4 GC-17 GENERAL CONDITIONS ARTICLE GC-5 SUBCONTRACTORS GC-5.1 DEFINITION 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Construction Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. The term Subcontractor does not include any separate contractor or his subcontractors. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform any of the Work at the site. The term Sub-subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub- subcontractor or an authorized representative thereof. 5.1.3 Nothing contained in the Contract Documents is intended to nor shall it create any contractual relationship between the Owner, the Construction Program Manager, the Design Consultant or any of their agents, employees or representatives and any Subcontractor or Sub-subcontractor. GC-5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Within ten (10) days of receipt of a Notice to Proceed, the Contractor shall furnish to the Construction Program Manager in writing for review and acceptance by the Owner the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work. The Construction Program Manager will promptly reply to the Contractor in writing stating whether or not the Owner, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Program Manager to reply promptly shall constitute notice of no reasonable objection. The Contractor understands and agrees that he alone is responsible to the Owner for all of the Work under this Agreement and that any review of Subcontractors or Sub-subcontractors by Owner or the Construction Program Manager will not in any way make the Owner responsible to nor for the actions or failures of any Subcontractor or Sub- subcontractor. 5.2.2 The Contractor shall not contract with any such proposed person or entity to whom the Owner has made reasonable objection under the provisions of Subparagraph GC-5.2.1. 5.2.3 If the Owner, the Construction Program Manager or the Design Consultant, has reasonable objection to any such proposed person or entity, the Contractor shall submit a replacement to whom the Owner, the Construction Program Manager and the Design Consultant, have no reasonable objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such replacement and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting names as required by Subparagraph GC-5.2.1 or if the Construction Program Manager stated said objection in writing before the submission by the Contractor of the accepted proposal or if the proposed subcontractor is unable to enter into and carry out his work under his proposed subcontract, or if the Subcontractor fails to comply with all applicable laws, or if the proposed subcontractor is not an on-going business in the field of his proposed subcontract, or if the proposed subcontractor does not have a labor force and the means of supply compatible with the scope of the subcontract. 5.2.4 If the Owner requires a change of any proposed subcontractor or person or organization previously accepted by him the Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. 5.2.5 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the Owner, the Construction Program Manager or the Design Consultant, makes reasonable objection to such substitution. GC-18 GENERAL CONDITIONS GC-5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By an appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor in terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner. 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. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with his Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Paragraph GC-5.3, and shall identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make copies of such Documents available to his Sub-subcontractors. GC-5.4 PREPARATORY WORK 5.4.1 Before starting each section of Work, the Contractor shall ensure that the responsible Subcontractor has carefully examined all preparatory work that has been executed to receive his work. He shall check carefully, by whatever means are required, to ensure that his work and adjacent related work will finish to proper contours, planes, and levels. He shall promptly notify the Contractor who shall notify the Construction Program Manager in writing of any defects or imperfections in preparatory work which will, in any way, affect satisfactory completion of the Work. Absence of such notification will be construed as an acceptance of preparatory work and later claims of defects therein will not be recognized. 5.4.2 Under no conditions shall a section of Work proceed prior to preparatory work having been completed, cured, dried, and otherwise made satisfactory to receive such related work. Responsibility for timely installation of all materials and equipment rests solely with the Contractor, who shall maintain coordination at all times. END OF ARTICLE 5 GC-19 GENERAL CONDITIONS ARTICLE GC-6 WORK BY OWNER OR BY SEPARATE CONTRACTORS GC-6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform work related to the Project with his own forces, and to award separate contracts in connection with other portions of the Project or other work on the site under any contract terms and conditions which the Owner, in his sole discretion, may require. 6.1.2 When separate contracts are awarded for different portions of the Project or other work on the site, the term Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. GC-6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate his Work with theirs as required by the Contract Documents. 6.2.2 If any part of the Work depends for proper execution or results upon work of the Owner or any separate contractor, the Contractor shall, prior to proceeding with the Work, carefully inspect and promptly report to the Owner any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and promptly report shall constitute an acceptance of the Owner's or separate contractors' work as fit and proper to receive his Work, except as to latent defects which Contractor could not have reasonably discovered by his inspection. 6.2.3 Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. 6.2.4 Should the Contractor wrongfully cause damage to work or property of the Owner, or to other work on the site, the Contractor shall promptly remedy and be wholly responsible for such damage. 6.2.5 Should the Contractor wrongfully cause damage to the work or property of any separate contractor, the Contractor shall upon due notice promptly attempt to settle with such other contractor by agreement, or otherwise to resolve the dispute at law. If such separate contractor sues or initiates a proceeding against the Owner, the Construction Program Manager and/or the Design Consultant on account of any damage alleged to have been caused by the Contractor, the Owner shall notify the Contractor who shall defend such proceedings at his own expense, and if any judgment or award against the Owner, the Construction Program Manager and/or the Design Consultant arises therefrom, the Contractor shall payor satisfy it and shall reimburse the Owner, the Construction Program Manager and/or the Design Consultant for all attorneys' fees and court or arbitration costs which the Owner, the Construction Program Manager and/or the Design Consultant have incurred. 6.2.6 In the event there is more than one contractor engaged on the Project, each such contractor shall be responsible to the other 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 each contract with the Owner or any loss, cost, expense or damage caused by separate contractor's neglect or failure to finish or satisfactorily complete his part of the Work within the time prescribed. In all events the provisions of Paragraph GC-4.19 shall be applicable. 6.2.7 Whenever the Contractor receives items from a separate contractor or from the Owner for storage, erection or installation, the Contractor receiving such items shall give receipt for items delivered, and thereafter will be held responsible for care, storage and any necessary replacing of item or items received. 6.2.8 When certain items of equipment and other work are indicated as "NIC" (not in contract), or to be furnished and installed under other contracts, any requirements for preparation of openings, provision of GC-20 GENERAL CONDITIONS backing, etc., for receipt of such "NIC" work will be furnished upon written request of the Contractor who shall properly form and otherwise prepare his work in a satisfactory manner to receive such "NIC" work. GC-6.3 OWNER'S RIGHT TO PERFORM DISPUTED WORK 6.3.1 If a dispute arises between the Contractor and separate contractors as to their responsibility for cleaning up as required by the Contract Documents, for accomplishing coordination or doing required cutting, filling, excavating or patching as required by the Contract Documents, the Owner may carry out such work and charge the cost thereof to the several contractors responsible therefor as the Owner shall determine to be just. END OF ARTICLE 6 GC-21 GENERAL CONDITIONS ARTICLE GC-7 MISCELLANEOUS PROVISIONS GC-7.1 GOVERNING LAW 7.1.1 Unless otherwise provided in the Contract Documents, this Contract shall be governed by the law of the place where the Project is located. 7.1.2 If any of the provisions of this Contract shall be held invalid or unenforceable under the law governing this Contract, then this Contract shall remain in effect without the provisions held to be invalid or unenforceable (unless the parties otherwise agree), and the rights and obligations of the parties shall be governed accordingly. GC-7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not assign the Contract or sublet it in whole or part without the written consent of the Owner, nor shall the Contractor assign any monies due or to become due to him hereunder, without the prior written consent of the Owner. GC-7.3 WRITTEN NOTICE 7.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. GC-7.4 CLAIMS AND DAMAGES 7.4.1 Should the Contractor suffer injury or damage to person or property because of any act or omission of the Owner, Construction Program Manager or Design Consultant, or of any of their employees, agents or others for whose acts one of them may be legally liable, claim shall be made in writing to the Owner within seven (7) days after the first observance of such injury or damage, otherwise the Contractor shall have waived any and all rights he may have, if any, against the Owner, the Construction Program Manager and the Design Consultant and their employees, representatives and agents for any such injury or damage. GC-7.5 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 7.5.1 The Contractor shall furnish to the Owner in duplicate a Performance Bond and a Labor and Materials Payment Bond, each in the amount of one-hundred percent (100%) of the Contract Sum, in the form required by the Contract Documents, written by a surety company licensed to do business in the state where the Work is to be performed and who is acceptable to the Owner. 7.5.2 The Contractor shall commence no work on site until satisfactory compliance with Subparagraph 7.5.1. Failure to obtain such bonds in a timely manner shall not be a basis of claim for extension in time. GC-7.6 The Contractor shall commence no work on site until satisfactory compliance with Subparagraph 7.5.1. Failure to obtain such bonds in a timely manner shall not be a basis of claim for extension in time. GC-7.6 RIGHTS AND REMEDIES 7.6.1 The duties and obligations of the Contractor imposed by the Contract Documents and the rights and remedies of the Owner available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law or equity. GC-22 GENERAL CONDITIONS 7.6.2 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 herein contained 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 such strict performance or exercise such right(s), and the rights shall continue unchanged and remain in full force and effect. 7.6.3 Contractor agrees that he can be adequately compensated by money damages or time extensions for any breach of this Contract which may be committed by the Owner, the Construction Program Manager or the Design Consultant, and hereby agrees that, no default, act or omission of the Owner, the Construction Program Manager, or the Design Consultant, except only for failure to make payments as required by the Contract Documents, shall constitute a material breach of the Contract entitling 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. Contractor hereby waives any and all rights and remedies to which he might otherwise be or become entitled, saving only his right to money damages or time extensions pursuant to the terms of this contract. END OF ARTICLE 7 GC-23 GENERAL CONDITIONS ARTICLE GC-8 TIME GC-8.1 DEFINITIONS 8.1.1 Unless otherwise provided, the Contract Time is the period of time allotted in the Contract Documents for Final Completion of the Work, including authorized adjustments thereto. 8.1.2 The date of commencement of the Work is the date established in the Notice to Proceed. If there is no Notice to Proceed, it shall be the date of the Owner-Contractor Agreement or such other date as may be established therein. 8.1.3 The Date of Substantial Completion of the Work or designated portion thereof is the date certified by the Design Consultant and the Construction Program Manager when the Work has sufficiently progressed, in accordance with the Contract Documents, so the Owner can fully occupy and utilize the Work or designated portion thereof for the use which it is intended, with all of the parts and systems operable as required by the Contract Documents and where all work is complete, accessible, operable and usable by the Owner. Only incidental corrective work under "punchlists" and final cleaning (if required) beyond cleaning needed for the Owner's full use may remain for Final Completion. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. GC-8.2 PROGRESS AND COMPLETION 8.2.1 All time limits 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 as defined in Subparagraph 8.1.2. He shall carry the Work forward expeditiously with adequate forces and shall achieve the Substantial and Final Completion within the Contract Dates stated in the Contract Documents. 8.2.3 If a date or time of completion is included in the Contract, it shall be the Date of Substantial Completion as defined in Subparagraph 8.1.3, including the authorized extensions thereto, unless otherwise provided. 8.2.4 Attention is directed to the fact that the Work is urgently needed by the Owner and that time is of the essence. For this reason, it shall be agreed that the Contractor will substantially complete the Work, or designated portions thereof, under the Contract, within the time and dates established in the Contract Documents for such completion, and that he will complete the Contract in all its details for final acceptance as specified after Substantial Completion. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 Except as otherwise specifically provided under Paragraph GC-3.4 (Owner's Right to Stop Work) or Paragraph GC-12.1 (Changes in the Work), Contractor shall not be entitled to payment or compensation of any kind from the Owner for direct, indirect or impact damages, including but not limited to costs of acceleration, arising because of hindrance or delay from any cause whatsoever, whether such hindrance or delay be reasonable or unreasonable, foreseeable or unforeseeable or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery by Contractor of damages for hindrances or delays due solely to fraud or bad faith on the part of the Owner. Contractor shall be entitled to extensions in the time required for performance of the Work as specifically provided in this Contract. 8.3.2 The Contract Time shall be adjusted only for Changes in the Work (pursuant to Paragraph GC- 12.1), Owner's Rights to Stop Work (pursuant to Subparagraph GC-3.4) and Excusable Delays (pursuant to Subparagraph GC-8.3.3). In the event the Contractor requests an extension of the Contract Time, he GC - 2 4 GENERAL CONDITIONS shall furnish such justification and supporting evidence as the Owner may deem necessary for a determination as to whether the Contractor is entitled to an extension of time under the provisions of this Contract. The Owner, after receipt of such justification and supporting evidence, shall make his findings of fact and decision thereon and shall advise the Contractor in writing thereof. If the Owner finds that the Contractor is entitled to any extension of the Contract Time, the Owner's determination as to the total number of days' extension shall be based upon the currently approved schedule and on all data relevant to the extension. Such data will be included in the next monthly updating of the schedule. The Contractor acknowledges and agrees that actual delays (due to said changes, suspension of Work or excusable delays) in activities which, according to the schedule, do not affect the Contract Time or Specific Dates, and will not be the basis for an extension of the Contract Time or Specific Dates. 8.3.3 Subject to other provisions of this Contract, Contractor may be entitled to an extension of the Contract Time (but no increase in the Contract Sum) for delays arising from unforeseeable causes beyond the control and without the fault or negligence of the Contractor or his Subcontractors as follows: .1 Labor strikes (including strikes affecting transportation), that do, in fact, directly and critically affect the progress of the Work; however, an extension of Contract Time on account of an individual labor strike shall not exceed the number of calendar days of said strike; .2 Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage completed work or stored materials, provided that an act of neglect by the Contractor did not contribute to such damage; .3 Abnormal inclement weather; however (1) 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. (2) 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 NOAA weather data, 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. (3) 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 the Contractor, a letter certifying the date the Work became enclosed for the purposes thereof. (4) If the total calendar days lost due to inclement weather, from the start of the Work at the Project site by the 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. .4 Acts of the public enemy, acts of the State, Federal or local Government in its sovereign capacity, and acts of another contractor in the performance of a contract with the Owner relating to the Project. GC-25 GENERAL CONDITIONS 8.3.4 All claims for extensions of time shall be made in writing to the Construction Program Manager no more than seven (7) days after the beginning of the delay; otherwise all such claims are waived by the Contractor. In the case of a continuous cause of delay only one written claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. 8.3.5 If no schedule or agreement is made stating the dates upon which written interpretations as set forth in Subparagraph GC-2.2.17 shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretations until fifteen (15) days after demand is made for them, and not then unless such claim is reasonable. 8.3.6 This Paragraph 8.3 does not preclude the recovery of damages for delay by either party under other provisions of the Contract Documents except as specifically provided herein. END OF ARTICLE 8 GC-26 GENERAL CONDITIONS ARTICLE GC-9 PAYMENTS AND COMPLETION GC-9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Owner-Contractor Agreement and, including authorized adjustments thereto, is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. GC-9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit the Owner a Schedule of Values allocated to the various portions of the Work, as set forth in Division 1, Section 01315 of the General Requirements entitled "Schedules and Reports", and supported by such data to substantiate its accuracy as the Construction Program Manager and the Owner may require. This schedule, unless objected to by the Owner, shall be used only as a basis for the Contractor's Application for Payment. GC-9.3 APPLICATIONS FOR PAYMENT 9.3.1 On a regular monthly basis, Contractor shall meet with the Construction Program Manager and submit a completed Progress Report, in accordance with the requirements of Contract Documents, 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. 9.3.1.1 The submission and approval of the Construction Schedule and monthly updates thereof as required by the Contract Documents shall be an integral part and basic element of the Application upon which progress payment shall be made. The Contractor shall be entitled to progress payments only upon substantial compliance with all the requirements of this Article 9, which compliance shall be a condition precedent to the processing of Contractor's Applications. 9.3.2 Owner will retain ten percent (10%) of the amount of all progress payments until the Work is finally completed and accepted and Contractor has fully complied with all requirements of the Contract Documents, whether or not the Owner has occupied any or all of the Work before such time. However, if the Owner, at any time after fifty percent (50%) of the Work has been completed, finds that satisfactory progress is being made, he may, in his sole discretion and at his sole option, authorize payment to the Contractor in full for each Progress Payment for Work performed beyond the fifty percent (50%) stage of completion. However, if Contractor fails, in the opinion of the Construction Program Manager or Owner, to continue satisfactory progress of the Work thereafter, Owner may, in his sole discretion and at his sole option, revoke his previous authorization and recapture retention previously released or not retained as authorized by this Subparagraph. Provided, however, that it is understood and agreed that the Contractor is not entitled to any automatic reduction in retainage under this Contract. Any reductions in retainage or further withholding are at the sole discretion of the Owner. 9.3.4 Payments may be made by the Owner at his sole discretion, on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site by the Contractor. Payments for materials or equipment stored on the site shall only be considered if Contractor submits documentation (for example, releases or paid invoices from the seller or supplier) to the Construction Program Manager, evidencing to the satisfaction of the Construction Program Manager that Contractor has acquired title to such materials or equipment, that it will be utilized as part of the Work under this Contract and that it is satisfactorily stored, protected, and insured or that other procedures satisfactory to the Construction Program Manager that will protect the Owner's interests have been taken. Materials once paid for by the Owner become the property of the Owner and may not be removed from the Project site without the Owner's written permission. GC-27 GENERAL CONDITIONS 9.3.5 The Contractor warrants that title to all Work (including all materials and equipment) within the scope of an Application for Payment will pass to the Owner either by incorporation in the construction or upon the receipt of payment by the Contractor from Owner, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances (hereinafter referred to in this Article 9 as "liens"); and that no Work, materials or equipment covered by Application for Payment will have been acquired by the Contractor, or by any other person performing or furnishing any portion of the Work for Contractor, subject to an agreement under which a security interest therein or any other encumbrance thereon is retained by the seller or supplier, or is otherwise imposed thereon by Contractor or such other person. GC-9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Construction Program Manager after receipt of the Contractor's Application for Payment, will within a reasonable time issue a Certificate of Payment to the Owner, with a copy to the Contractor, for such amount as the Construction Program Manager and Design Consultant, determine is properly due, or notify the Contractor in writing of the reasons for withholding a Certificate as provided in paragraph GC- 9.6. 9.4.2 The signing of a Certificate for Payment will constitute a representation by the Construction Program Manager and Design Consultant to the Owner, that based upon observations at the site, pursuant to their agreements with the Owner, and the data comprising the Application for Payment, the Work has progressed to the point indicated and that, to the best of their knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to: an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion; the results of any subsequent tests required by or performed under the Contract Documents; minor deviations from the Contract Documents correctable prior to completion; and any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, by signing a Certificate for Payment, the Construction Program Manager and Design Consultant shall not thereby be deemed to represent that either has made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, or that either has reviewed the construction means, methods, techniques, sequences or procedures, or that either has made any examination to ascertain how or for what purpose the Contractor has used the monies previously paid on account of the Contract Sum. GC-9.5 PROGRESS PAYMENTS 9.5.1 After a Certificate for Payment has been issued, the Owner shall make payment in the manner and within the time provided in the Contract Documents. 9.5.2 The Contractor shall promptly pay each Subcontractor (including suppliers, laborers and materialmen) performing labor or furnishing material for the Work upon receipt of payment from the Owner out of the amount paid to the Contractor on account of the Work of such Subcontractor, supplier, laborer, or materialman, the amount which said Subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on account of such Work. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his Sub-subcontractors in similar manner. 9.5.3 The Owner may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding the percentages of completion or the amounts applied for by the Contractor and the action taken thereon by the Construction Program Manager on account of Work done by such Subcontractor. 9.5.4 Neither the Owner, the Construction Program Manager nor the Design Consultant shall have any obligation to pay nor to see to the payment of any monies to any Subcontractor except as may otherwise be required by law. GC-28 GENERAL CONDITIONS 9.5.5 No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work which is not in accordance with the Contract Documents. 9.5.6 Contractor agrees to keep the Work and the site(s) on which Work is to be performed free and clean of all liens and claims of liens on materials furnished pursuant to the Contract Documents. Contractor hereby waives any right it may have in connection with the Work to file any liens, mechanics or otherwise. Notwithstanding anything to the contrary contained in the Contract Documents, if any such lien is filed or there is any reason to believe that any lien may be filed at any time during the progress of the Work or the duration of this Contract, the Owner may refuse to make any payment due to Contractor a sum sufficient in the opinion of the Owner to pay all obligations and expenses necessary to satisfy such lien or claim and completely indemnify the Owner against any such lien or claim unless and until Contractor shall furnish satisfactory evidence that the indebtedness and the lien in respect thereof, if any, has been satisfied, discharged and released of record if and as provided by law pending the resolution of any dispute between Contractor and the person filing such lien; and if such evidence is not furnished by Contractor to the Owner within a period of five (5) days after demand to do so, the Owner may discharge such indebtedness and deduct the amount required therefore, together with any and all losses, costs, damages and attorney's fees suffered or incurred by the Owner from any sum payable to Contractor under the Contract Documents. Final Payment to Contractor may be withheld until the Work and the site(s) on which the Work is to be performed are free and clear of any and all liens or rights thereto arising because of Work performed or material furnished under the Contract Documents. This Subparagraph GC-9.5.6 shall be specifically included in all subcontracts and Purchase Orders entered into by Contractor. GC-9.6 PAYMENTS WITHHELD 9.6.1 The Construction Program Manager and Design Consultant may decline to certify payment and may withhold the Certificate in whole or in part, to the extent necessary to protect the Owner, if in their opinion they are unable to make representations to the Owner as provided in Subparagraph GC-9.4.2. If the Construction Program Manager and Design Consultant are unable to make representations to the Owner as provided in Subparagraph GC-9.4.2 and to certify payment in the amount of the Application, they will notify the Contractor as provided in Subparagraph GC-9.4.1. If the Contractor, the Design Consultant and the Construction Program Manager cannot agree on a revised amount, the Construction Program Manager and Design Consultant will promptly issue a Certificate for Payment in the amount for which they are able to make such representations to the Owner. The Construction Program Manager and Design Consultant may also decline to certify payment or any part thereof or, because of subsequent observations, they may nullify the whole or any part of any Certificate for Payment previously issued, to such extent as may be necessary in their opinion to protect the Owner from loss because of: .1 defective work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be or has not been completed within the Contract Time or Specific Dates; .7 failure to carry out the Work in accordance with the Contract Documents; GC-29 GENERAL CONDITIONS .8 liens filed or reason to believe it is probable a lien will be filed for any portion of the Work, as more specifically provided in Subparagraph GC-9.5.6; or .9 failure or refusal of the Contractor to fully comply with Division 1, Section 01311 of the General Requirements entitled "Schedules and Reports." 9.6.2 When the above grounds in Subparagraph GC-9.6.1 are removed, payment shall be made for amounts withheld because of them. GC-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, the Contractor shall give the 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, the 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. GC-9.8 SUBSTANTIAL COMPLETION 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined in Subparagraph GC-8.1.3, the Contractor shall prepare for the Owner a list of items to be completed or corrected and request in writing that the Work be inspected for Substantial Completion determination. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. When the Design Consultant and the Construction Program Manager, on the basis of an inspection, jointly determine that the Work or designated portion thereof is substantially complete, they will then prepare a Certificate of Substantial Completion, state the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, and fix the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract Documents shall not commence until the Date of Final Completion of the Work or designated portion thereof unless otherwise provided in the Certificate or Substantial Completion or the Contract Documents. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them is such Certificate. 9.8.2 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Construction Program Manager and the Design Consultant, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or such portion thereof, as provided in the Contract Documents. 9.8.3 Should the Design Consultant and the Construction Program Manager determine that the Work or the portion thereof designated by Contractor pursuant to Subparagraph 9.8.1 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 Manager perform a Substantial Completion inspection. Contractor shall pay Owner for all costs associated with re-inspection by the Construction Program Manager and Design Consultant. GC-30 GENERAL CONDITIONS 9.8.4 The acceptance of Substantial Completion payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Application for Payment for the Substantial Completion payment, and except for the retainage sums due at Final Completion. GC-9.9 FINAL COMPLETION AND FINAL PAYMENT 9.9.1 Upon receipt of written notice 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 and, 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 the conditions precedent to the Contractor's being entitled to final payment as set forth in Subparagraph GC- 9.9.2 have been fulfilled. 9.9.2 Neither final payment nor the remaining retained percentage shall become due until the Work is free and clear of any and all liens as required by Subparagraph GC-9.5.6 and the Contractor submits to the Owner (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 and (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 is such form as may be designated by the Construction Program Manager. If any Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against any loss. If any such lien or claim remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the Owner may be compelled to pay in discharging such lien or claim, including all costs and attorneys' fees. The Owner may withhold from final payment any sum that the Owner has reason to believe may be needed to satisfy any lien, claim or threat of lien arising out of the Work. The Owner may deduct from final payment an amount equal to any costs, expenses and attorneys' fees incurred by the Owner in removing or discharging any liens arising out of the Work. 9.9.3 If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting Final Completion, and the Owner so confirms, the Owner shall, upon application by the Contractor and certification by the Construction Program Manager and the Design Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in Paragraph GC-7.5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Construction Program Manager prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.9.4 The making of Final Payment shall constitute a waiver of all claims by the Owner against the Contractor except those arising from: .1 unsettled liens or claims against the Owner, the Construction Program Manager or the Design Consultant, or their employees, agents or representatives, .2 faulty or defective Work appearing after Substantial Completion, GC-31 GENERAL CONDITIONS .3 failure of the Work to comply with the requirements of the Contract Documents, .4 any warranties contained in or required by the Contract Documents, or .5 damages incurred by the Owner resulting from law suits brought against the Owner, the Construction Program Manager, the Design Consultant or their agents, employees or representatives because of failures or actions on the part of the Contractor, his subcontractors, sub-subcontractors, or any of their employees, agents or representatives. 9.9.5 The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment. GC-9.10 LIQUIDATED DAMAGES 9.10.1 Should the Contractor fail to substantially complete the Work on or before the date stipulated for Substantial Completion (or such later date as may result from extension of time granted by Owner), he shall pay the Owner, as liquidated damages, the sum specified in the Contract for each consecutive calendar day that terms of the contract remain unfulfilled beyond the date allowed by the Contract, which sum is agreed upon as a reasonable and proper measure of damages which the Owner will sustain per day by failure of the Contractor to complete the Work or designated portion thereof within time as stipulated; it being recognized by the Owner and the Contractor that the injury to the Owner which could result from a failure of the Contractor to complete on schedule is uncertain and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty on the contractor. 9.10.2 For each consecutive calendar day that the Work remains incomplete after the date established for Final Completion, the Owner will retain from the compensation otherwise to be paid to the Contractor the sum specified in the Contract. This amount is the minimum measure of damages the Owner will sustain by failure of the Contractor to complete all remedial work, correct deficient work, clean up and other miscellaneous tasks as required to complete all work specified. This amount is in addition to the liquidated damages prescribed above. GC-9.11 OWNER'S RIGHT TO OCCUPY INCOMPLETE WORK 9.11.1 Should the Work, or any portion thereof, be incomplete for Substantial Completion or Final Completion at the scheduled date or dates, the Owner shall have the right to occupy any portion of the Work. In such an event, the Contractor shall not be entitled to any extra compensation on account of said occupancy by the Owner or by the Owner's normal full use of the Work, nor shall the Contractor interfere in any way with said normal full use of the Work. Further, in such an event, the Contractor shall not be entitled to any extra compensation on account of the Owner's occupancy and use of the Work, nor shall the Contractor be relieved of any responsibilities of the Contract including the required times of completion. Such occupancy by the Owner would not, in itself, constitute Substantial Completion nor Final Completion. 9.11.2 If the Owner exercises his rights under the foregoing and occupies the full Work, then there shall be no liquidated damages on account of failure on the Contractor's part to provide Substantial Completion from that date forward. This provision does not affect, however, any liquidated damages that would be assessed for any period of time between the scheduled date of Substantial Completion and the date of any such occupancy. Further, this provision would have no effect on liquidated damages assessed on account of late Final Completion END OF ARTICLE 9 GC-32 GENERAL CONDITIONS ARTICLE GC-10 PROTECTION OF PERSONS AND PROPERTY GC-10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Owner, the Construction Program Manager and the Design Consultant, or their 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. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 10.1.2 Any notice given to the Contractor by the Owner, the Construction Program Manager or the Design Consultant of a safety or property protection violation will not; (1) relieve the Contractor of sole and complete responsibility for the violation and the correction thereof, or of sole liability for the consequences of said violation; (2) impose any obligation upon Owner, Construction Program Manager or Design Consultant to inspect or review Contractor's safety program or precautions or to enforce Contractor's compliance with the requirements of this Article 10; and (3) impose any continuing obligation upon Owner, Construction Program manager or Design Consultant to provide such notice to Contractor or any other person or entity. GC-10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: .1 all employees on the Work and all other persons who may be affected thereby; .2 all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-subcontractors; and .3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy all damage or loss to any property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, any Subcontractor, any Sub- subcontractor, 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 under Clause 10.2.1.2 and 10.2.1.3, except damage or loss attributable to the acts or omissions of the Owner or Design Consultant or anyone directly employed by any of them, or by anyone for whose acts any of them may be liable, and not GC-33 GENERAL CONDITIONS attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to his obligations under Paragraph GC 4.19. 10.2.6 The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's Superintendent unless otherwise designated by the Contractor in writing to the Owner. 10.2.7 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. GC-10.3 EMERGENCIES 10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension or time claimed by the Contractor on account of emergency work shall be determined as provided in Article GC-12 for Changes in the Work. END OF ARTICLE 10 GC-34 GENERAL CONDITIONS ARTICLE GC-11.1 CONTRACTOR'S LIABILITY INSURANCE GC-11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase and maintain such insurance as will protect him, the Owner, the Construction Program Manager and the Design Consultant and their agents, 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 or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts (with Workmen's Compensation and Employers Liability Insurance in an amount not less than those necessary to meet the statutory requirements of the state(s) having jurisdiction over any portion of the Work; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of his employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and .6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 11.1.2 The insurance required by Subparagraph GC-11.1.1 shall be primary and noncontributing to any insurance possessed or procured by the Owner, and limits of liability shall not be less than those set forth in the Special Conditions of this Contract. 11.1.3 The insurance required by Subparagraph GC-11.1.1 shall include contractual liability insurance applicable to the Contractor's obligations under Paragraph GC-4.19. 11.1.4 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work on site. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least thirty days' prior written notice has been given to the Owner. GC-11.2 PROPERTY INSURANCE 11.2.1 The Contractor shall purchase and at all times maintain such insurance as will protect the Contractor, Owner, the Construction Program Manager, the Design Consultant, Subcontractors and Sub- subcontractors and their representatives, agents and employees from loss or damage to Work or property in 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 until acceptance by the Owner. This insurance shall be in the form of "Builder's All-Risk" or equivalent. 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 deductive provision in such insurance shall not exceed the amount set forth in the Special Conditions of the Contract, or, if no amount is GC-35 GENERAL CONDITIONS specified, one hundred dollars ($100). Notwithstanding any such deductible provision, Contractor shall remain solely liable for the full amount of any item covered by such insurance. 11.2.2 Any loss insured under Subparagraph GC-11.2.1 is to be adjusted with the Owner and made payable to the Owner as trustee for this insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause and of Subparagraph GC-11.2.8. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and by appropriate agreement, written where legally required for validity, shall require each Subcontractor to make payments to his Sub-subcontractor in similar manner. 11.2.3 The Owner and Contractor waive all rights against each other for damages caused by fire and other perils to the extent covered by insurance obtained pursuant to this Paragraph GC-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, including the Construction Program Manager and the Design Consultant and their consultants, officers, employees and agents. 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 agreement, written where legally required for validity, similar waivers in favor of the Contractor by any separate contractor and his Subcontractors and Sub-subcontractors. 11.2.4 If required in writing by any party in interest, the Owner as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of his duties. He 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 or award. If after such loss no other special agreement is made, replacement of damaged work shall be covered by an appropriate Change Order. 11.2.5 The Owner as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to the Owner's exercise of this power, and if such objection be made, the matter shall be decided by a court of competent jurisdiction or as the parties in interest otherwise agree. The Owner as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.2.6 If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, Contractor shall obtain the consent of the insurance company or companies providing the property insurance, by endorsement to the policy or policies. No insurance required by this Article 11 shall be canceled or lapsed on account of such partial occupancy or use. 11.2.7In the event Contractor neglects, refuses or fails to provide the insurance required under the Contract Documents, or if such insurance is canceled for any reason, the Owner shall have the right but not the duty to procure the same, and the cost thereof shall be deducted from monies then due or thereafter to become due to Contractor. END OF ARTICLE 11 GC-36 GENERAL CONDITIONS ARTICLE GC-12 - CHANGES IN THE WORK GC-12.1 CHANGES IN THE WORK 12.1.1 The Owner may, at any time, without notice to the sureties and without invalidating the Contract, by written order designated or indicated to be a Change Order, make any Change in the Work within the general scope of the Contract, including, but not limited to Changes: .1 in the Specifications and the 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. 12.1.2 Any other written order (which terms as used in this Subparagraph shall include direction, instruction, interpretation or determination) from the Owner, the Construction Program Manager or Design Consultant which causes any such change, shall be treated as a Change Order under this subparagraph, provided that the Contractor gives the Construction Program Manager prompt, written notice stating the date, circumstances and source of the order and that the Contractor regards the order as a Change Order. 12.1.3 Except as provided in Subparagraphs GC-12.1.1 and GC-12.1.2, no order, statement, or conduct of the Owner, the Construction Program Manager or Design Consultant shall be treated as a change or entitle the Contractor to an equitable adjustment hereunder. 12.1.4 If any change under this Paragraph GC-12.1 causes an increase or decrease in the Contractor's cost of, or the time required for the performance of any part of the Work under this Contract, including work not affected directly by the change, an equitable adjUstment shall be made and the Contract modified in writing accordingly; provided, however, that except for claims based on defective Specifications, no claim for any Change under Subparagraph GC-12.1.2 shall be allowed for any costs incurred more than seven (7) days before the Contractor gives the Construction Program Manager written notice as therein required; and provided further, that in the case of defective Specifications for which the Owner is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with such defective Specifications. 12.1.5 If the Contractor intends to assert a claim for an equitable adjustment under this Article, he must, within twenty (20) days after receipt of a written Change Order under Subparagraph GC-12.1.1 above or the furnishing of a written notice under Subparagraph GC-12.1.2, submit to the Construction Program Manager a written statement setting forth the general nature and approximate cost of such claim, unless this period is extended by the Construction Program Manager. The statement of claim hereunder may be included in the notice under Subparagraph GC-12.1.2 above. 12.1.6 No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after Final Payment under this Contract. 12.1.7 The cost or credit to the Owner resulting from a Change in the Work shall be determined in one or more of the following ways: .1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data as the Construction Program Manager may require to permit evaluation, .2 by unit prices stated in the Contract Documents or subsequently agreed upon; GC-37 GENERAL CONDITIONS .3 by cost to be determined in a manner agreed upon by the parties plus a stipulated fixed or percentage fee; or .4 by the method provided in Subparagraph 12.1.12. 12.1.8 For the purposes of Subparagraph 12.1.7, cost shall be limited to the following: cost of materials and equipment, including sales tax and cost of delivery; cost of labor, including Social Security, payroll taxes, fringe benefits, unemployment insurance; workmen's compensation insurance; rental rate of and fuel for power tools and equipment not normally on the project. 12.1.9 For the purposes of Subparagraph 12.1.7, overhead shall include the following: bond premiums, supervision, superintendence, wages of time-keepers, watchmen and clerks, small tools, incidentals, general office expense, and all other expenses not included in 'cost'. 12.1.10 For the purposes of Subparagraph 12.1.7, overhead and profit combined included in the total cost to the Owner of any Change shall not exceed the rates set forth in the following schedule: .1 for the Contractor, for work performed by his own forces, 15% of cost; .2 for each Subcontractor involved, work performed by Subcontractor forces, 15% of the cost; .3 for the Contractor, for work performed by Subcontractors, 6% of the amount which the Contractor would pay to any of his Subcontractors for the Change. 12.1.11 If the net value of a Change results in a credit from the Contractor or Subcontractor, the credit given shall be the net cost without overhead or profit. The cost as used herein shall include all items of labor, materials and equipment. 12.1.12 If none of the methods set forth in Subparagraph 12.1.7.1, is agreed upon, the Contractor, provided he receives a written order signed by the Construction Program Manager, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the Construction Program Manager on the basis of the reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Contract Sum, the stipulated allowance for overhead and profit. In such case, and also under Subparagraphs 12.1.7.3 and 12.1.7.4 above, the Contractor shall keep and present, in such form as the Construction Program Manager may prescribe, an itemized accounting together with appropriate supporting data for Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, payroll taxes, unemployment insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensation insurance; bond premiums; rental value of equipment and machinery; and the additional costs of supervision and field office personnel directly attributable to the Change. Pending final determination of cost by the Owner, payments of account shall be made on the Certificate for Payment issued by the Construction Program Manager and the Design Consultant. The amount of credit to be allowed by the Contractor to the Owner for any deletion or change which results in a net decrease in the Contract Sum will be the amount of the actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in anyone Change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that Change. 2.1.13 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed with cause substantial inequity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. 12.1.14 Nothing in this Article shall excuse the Contractor from proceeding with the Contract as changed. GC-38 GENERAL CONDITIONS 12.1.15 The amount payable to the Contractor under this Contract, the Contract Time and the date required for performance of any part of the Work may be changed only by a written Change Order to this Contract. GC-12.2 CLAIMS FOR ADDITIONAL COST 12.2.1 If the contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Construction Program Manager written notice thereof within seven (7) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 10.3 No claim shall be valid unless so made. Contractor hereby waives all claims not so made. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. 12.2.2 If the Contractor claims that additional cost is involved because of , but not limited to, any written interpretation pursuant to Subparagraph 2.2.17, the Contractor shall make such claim as provided in Subparagraph GC12.2.1. END OF ARTICLE 12 GC-39 GENERAL CONDITIONS ARTICLE GC13 - TERMINATION OF THE CONTRACT GC-13.1 TERMINATION BY THE CONTRACTOR 13.1.1 If the Work is stopped for a period of sixty (60) days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault or negligence of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, then the Contractor may, upon seven additional days' written notice to the Construction Program Manager, terminate and recover from the Owner payment, on a quantum meruit basis, for all Work executed to the date of termination. GC-13.2 TERMINATION FOR CONVENIENCE OF OWNER 13.2.1 The Owner may, at any time upon ten days' written notice to the Contractor and Contractor's surety, terminate (without prejudice to any right or remedy of the Owner) the whole or any designated portion of the Work for the convenience of the Owner. GC-13.3 DEFAULT TERMINATION 13.3.1 The Owner may, upon ten days' written notice to the Contractor, terminate (without prejudice to any right or remedy of the Owner or any subsequent buyer of any portion of the Work) the whole or any portion of the Work required by the Contract Documents in anyone of the following circumstances: .1 if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will ensure the Substantial Completion of the Work within the Contract Time; .2 if the contractor is in material default in carrying out any provisions of this Contract for a cause within his control; .3 if the Contractor is adjudged a bankrupt, makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency; .4 if the Contractor fails to supply a sufficient number of properly skilled workers or proper materials; .5 if the Contractor fails to make prompt payment to Subcontractors or for materials or labor; .6 if the Contractor persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; or .7 if the Contractor substantially violates any provision of the Contract Documents. The right of the Contractor to proceed shall not be so terminated under this Paragraph GC-13.3 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 set forth in Subparagraph 8.3.3. 13.3.2 If, after Contractor has been terminated for default pursuant to this Paragraph GC-13.3, it is determined that none of the circumstances set forth in Subparagraph GC-13.3.1 exist, then such termination shall be considered a termination for convenience pursuant to Paragraph GC-13.2. GC-13.4 ALLOWABLE TERMINATION COSTS GC-40 GENERAL CONDITIONS 13.4.1 If the Owner terminates the whole or any portion of the Work pursuant to Paragraph GC-13.2, then the Owner shall only be liable to Contractor for those costs reimbursable to Contractor in accordance with Subparagraph GC-13.4.2, plus a markup of ten percent on the actual fully accounted costs recovered under GC-13.4.2; provided, however, that if it appears that the Contractor would have sustained a loss on the entire Contract had it been completed, no profit shall be included or allowed hereunder and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss. 13.4.2 If the Owner terminates the whole or any portion of the Work pursuant to paragraph GC-13.2, the Owner shall pay the Contractor the amounts determined by the Construction Program Manager as follows: .1 an amount for supplies, services, or property accepted by the Owner pursuant to Subparagraph GC-13.5.1.6 (or sold or acquired pursuant to Subparagraph GC-13.5.1.7) and not heretofore paid for, and to the extent provided in the Contract such amount shall be equivalent to the aggregate price for such supplies or services computed in accordance with the Price or Prices specified in the Contract, appropriately adjusted for any saving of freight or other charges; and .2 the total of: (1) the cost incurred in the performance of the Work terminated, including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies or services paid or to be paid for under Subparagraph GC-13.4.2.1 or GC-13.4.2.2(2), (2) the cost of settling and paying claims arising out of the termination of Work under subcontracts or orders, pursuant to Subparagraph GC-13.5.1.5, which are properly chargeable to the terminated portion of the Contract (exclusive of amounts paid or payable on account of completed items of equipment delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination), which amounts shall be included in the costs payable under (1) above, and (3) the reasonable costs of settlement, including accounting, legal, clerical and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the Contract and for the termination and settlement of subcontract thereunder, together with reasonable storage, transportation and other costs incurred in connection with the protection or disposition of property allocable to this Contract. 13.4.3 The total sum to be paid to the Contractor under this Paragraph GC-13.4 shall not exceed the Contract Sum as reduced by the amount of payments otherwise made, by the Contract Price of 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 this Subparagraph GC-13.4.3, 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 GC- 13.5.1.7. 13.4.4 If the Owner terminates in whole or in any part of the Work pursuant to Paragraph GC-13.3, 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 this Contract to the extent not terminated hereunder. GC-13.5 GENERAL TERMINATION PROVISIONS GC-41 GENERAL CONDITIONS 13.5.1 After receipt of a Notice of Termination from the Owner, pursuant to Paragraph GC-13.2 or GC- 13.3, and except as otherwise directed by the Construction Program Manager, the Contractor shall: .1 stop Work under the contract on the date and to the extent specified in the Notice of Termination; .2 place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; .3 terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; .4 assign to the Owner in the manner, at the times and to the extent directed by the Construction Program Manager, all of the right, title and interest of the Contractor under the orders and subcontracts so terminated, in which case the Owner shall have the right, in his discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; .5 settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Construction Program Manager, to the extent he may require, which approval or ratification shall be final for all the purposes of this clause; .6 transfer title and deliver to the entity or entities designated by the Owner, in the manner, at the times and to the extent, if any, directed by the Construction Program Manger, and to the extent specifically produced or specifically acquired by the Contractor for the performance of such portion of the Work as had been terminated: (1) the fabricated or unfabricated parts, Work in process, partially completed supplies and equipment, materials, parts, tools, dies, jigs and other fixtures, completed Work, supplies and other material produced as part of, or acquired in connection with the performance of, the Work terminated by the Notice of Termination, and (2) the completed or partially completed plans, drawings, information and other property related to the Work; .7 use his best efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the Construction Program Manger, any property of the types referred to in Subparagraph GC-13.5.1.6; provided, however, that the Contractor: (1) shall not be required to extend credit to any buyer, and (2) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Construction Program Manager; and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Owner to the Contractor under this Contract or shall otherwise be credited to the price or cost of the Work covered by this Contract or paid in such other manner as the Construction Program Manager may direct; .8 take such action as may be necessary, or as the Construction Program Manager may direct, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and in which the Owner has or may acquire an interest. 13.5.2 The Contractor shall, from the effective Date of Termination until the expiration of three years after final settlement under this Contract, preserve and make available to the Owner, at all reasonable . times at the office of the Contractor, but without direct charge to the Owner, all books, records, documents and other evidence bearing on the costs and expenses of the Contractor under this Contract GC-42 GENERAL CONDITIONS and relating to the Work terminated hereunder, or, to the extent approved by the Construction Program Manager, photographs, micro-photographs or other authentic reproductions thereof. 13.5.3 In arriving at any amount due the Contractor pursuant to Paragraph GC-13.4, there shall be deducted: .1 all unliquidated advance or other payments on account heretofore made to the Contractor applicable to the terminated portion of this Contract; .2 any claim which the Owner may have against the Contractor; .3 such claim as the Construction Program Manager determines to be necessary to protect the Owner against loss because of outstanding or potential liens or claims; and .4 the agreed price for, or the proceeds of sale of any materials, suppliers or other things acquired by the Contractor or sold, pursuant to the provisions of Subparagraph 13.5.1.7, and not otherwise recovered by or credited to the Owner. 13.5.4 If the termination, pursuant to Paragraph GC-13.2, be partial, the Contractor may file with the Construction Program Manager a claim for an equitable adjustment of the price or prices specified in the Contract relating to the continued portion of the Contract (the portion not terminated by the Notice of Termination), and such equitable adjustment as may be agreed upon shall be made in such price or prices. Any claim by the Contractor for an equitable adjustment under this clause must be asserted within six months from the effective date of the Notice of Termination. 13.5.5The Contractor shall refund to the Owner any amounts paid by the Owner to the Contractor in excess of costs reimbursable under Paragraph GC-13.4. 13.5.6 The Owner may, at his option and Contractor's expense, have costs reimbursable under Paragraph GC-13.4 audited and certified by independent certified public accountants selected by the Owner. 13.5.7 The Contractor shall be entitled to only those damages and that relief from termination by the Owner as specifically provided in Article GC-13 END OF ARTICLE 13 END OF GENERAL CONDITIONS GC-43 SPECIAL CONDITIONS SPECIAL CONDITIONS 1.01 BUILDING OPERATIONS A. The existing Municipal Building is the primary Judicial and Administrative complex for Augusta Richmond County. Its normal hours of operation are 8:00 AM until 5:00 PM, Monday though Friday. Facilities include courtrooms, County Commission chambers, and various administrative offices, including the Mayor and County Administrator. Work that is disruptive to building operations will be strictly limited during the aforementioned core hours of operation. Disruptive work will include excessive noise, objectionable fumes, and replacement of windows in courtroom areas, or any interior work in courtrooms, while court is in session. No hammer drilling, core drilling, sawcutting or grinding of stone, masonry or concrete shall be permitted on site between the hours of 8:00 AM and 5:00 PM, Monday through Friday, or when the County Commission is meeting (see Section 1.01 D). B. The building has restricted entry, including security checks which will be maintained for the duration of the Work. Any Work potentially impacting the facility security shall not be undertaken without written consent of the Owner. Owner shall be notified, in writing, at least 48 hours prior to any such proposed Work. C. The window replacement work shall be carefully scheduled and coordinated so that building occupants can be kept abreast of the schedule for work impacting their individual offices. The Contractor shall revise and resubmit an updated schedule of window work, on a weekly basis, identifying specific days when specific windows will be replaced. D. County Commission Meetings are held twice a month, normally on the first and third Tuesdays of the month, and must not be disrupted by noisy activities enumerated in 1.01A. These meetings start at 2 PM and often do not end until 8 PM. Disruptive work as defined in Section 1.01A shall not occur during Commission Meetings. E. The names and addresses of all of Contractor's employees and Subcontractor's employees must be submitted to Owner in advance of performing any Work at the jobsite. The Owner will screen them and reserves the right to disallow any worker, at the time of screening or later, than is deemed to be a security risk. F. The building will at times have prisoners transported to and housed in judicial areas. Worker's shall not come into contact with nor converse with such prisoners. Worker's entering secure areas will be subject to pat downs and inspections of their belongings. 1.02 INTERRUPTION OF UTILITIES SC-l SPECIAL CONDITIONS A. Work shall be scheduled to avoid, as much as possible, interference with the normal operation of the building(s). The Contractor shall give written notice to the Owner at least ten (10) calendar days in advance of all dates on which he wishes to interrupt power, phones, gas or water service for greater than 1 hour, except as noted in 1.01.8. Upon receipt of the request, the Owner will review the request and submit a written response, identifying acceptable date(s) and time(s). The Contractor shall not proceed with said work prior to receipt of Owner's written permission. The duration of each separate interruption shall not exceed 48 hours. B. Interruptions may normally be scheduled between Friday after the hour of 4:00 p.m. and Monday before the hour of 8:00 a.m. Work at such times requires at least three (3) calendar days advance written notice. The Owner is not obligated to respond to these notifications, and lack of Owner's response to these weekend requests shall be considered approval. Owner reserves the right, however, to disallow such work under special circumstances. C. The Contractor shall provide written notice to the Owner at least three (3) calendar days prior to any interruptions during normal building operation hours (between 8:00 a.m. Monday and 4:00 p.m. Friday) that are expected to be of less than 1 hour duration. Upon receipt of the request, the Owner will review the request and submit a written response, identifying acceptable date(s) and time(s). The Contractor shall not proceed with said work prior to receipt of Owner's written permission. D. The Contractor does not require the Owner's permission to interrupt utilities, in the event of an emergency affecting the safety of property, health or life. 1.03 PROTECTION OF EXISTING PROPERTY A. Protection of Roadways, Sidewalks, and Property Surfaces: 1. The Contractor shall repair and clean roadway, sidewalk and property surfaces located outside constructions limits free of dirt and mud where caused by conveyance of construction and demolition materials, equipment and personnel to and from the construction site. Contractor shall notify the Owner for his review of a written schedule, by which the Contractor shall perform corrective and clean-up work. Work shall be done at no additional expense to the Owner. 2. The Contractor shall be responsible for damage to property and persons that result from work inside and outside the construction limits. The Contractor shall promptly correct damages that create health, safety or property danger. 1.04 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. 8. Burning of material on the site will not be permitted. SC-2 SPECIAL CONDITIONS 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: Safety barricades shall be used where the safety of pedestrians, building occupants and/or vehicle drivers are endangered by the work area. r B. Weather protection: Conduct all work in such a manner as to maintain the building's waterproofing integrity as work proceeds. Do not demolish or remove more roofing, sealants or other assembly elements contributing to the building's weather protection, in a single day, than can be replaced with new materials restoring or upgrading the weather resistance, in that same day. Utilize secured, temporary tarps or other means of temporary weather protection whenever otherwise unprotected areas of the roof and/or wall assemblies are left unattended. 1.08 VEHICLE PARKING REGULATIONS A. Designated Parking Areas: The Contractor must park all vehicles inside the designated construction area. The Contractor is responsible for transporting his employees to and from the job site from off site staging areas. 1.09 STREET ADDRESS A. For purposes of utility work, the street address of this project is: 530 Greene Street, Augusta, GA 30911 SC-3 SPECIAL CONDITIONS 1.10 SITE LIMITATIONS A. Construction and staging are limited to the areas within the "Limits of Fenced Construction Area" indicated on the drawings. 1.11 ACCESS TO SITE BY PERSONNEL OF OWNER A. The Contractor agrees that mechanics, electricians, and maintenance personnel of the Owner may enter onto the site during the progress of the work for the purpose of maintaining existing facilities, and for the purpose of taking emergency measures necessary to preserve life of property. The Contractor shall have the right to exclude from the site any mechanic or maintenance personnel who undertakes to enter without a hard hat or who violates any of the safety regulations imposed by the U.S. Department of Labor, OSHA, by the Contractor, by law, or by the State Commissioner of Labor. 1.12 ACCESS TO BUILDING BY CONTRACTOR AND WORKERS A. The Contractor shall not be allowed access to the Municipal Building's elevators, for any use whatsoever, without express written consent of the Owner. B. The Contractor will be allowed use of the easternmost stair tower only, but not during normal working hours, as defined by 1.01 A, or after 12:00 AM (midnight). Between 5:00 PM and 12:00 AM, access to the stair tower shall be permitted via removal of the existing windows, at each landing. If such window access is utilized, the windows shall be replaced or otherwise outfitted with a secure, temporary enclosure, during normal business hours. 1.13 CODE AND STANDARDS A. The Codes and Standards referred to are minimum standards. Where the requirements of these specifications and the accompanying drawings exceed those of the Codes and Standards, the drawings and specifications shall be followed. 1.14 RAIN DAYS A. For purpose of this project, a rain day is defined as a day when precipitation equal to or greater than 0.01 inches is recorded at the NOM or NWS weather station closest to the project. Only that day on which the precipitation occurs will be considered a rain day. The threat of rain, or the occurrence of standing water from previous rain days will not be considered in the evaluation of the contract time to complete the project. In the event the nearest NOM or NWS weather situation is greater than 15 miles from the project, a rain day will also be defined as any day during which precipitation occurs at the project and the precipitation is documented daily by the contractor and the daily report is provided to the Owner within 24 hours. 1.15 DOCUMENTS REQUIRED PRIOR TO FINAL PAYMENT SC-4 SPECIAL CONDITIONS A. The following documents required prior to final payment, shall be delivered by the Contractor to the Owner, in the quantities indicated prior to final inspection of work: 1. Non-Influence Affidavit, 4 copies 2. Statutory Affidavit, 4 copies 3. Written notice of readiness for final inspection 4. Operating and Maintenance Data and Instructions B. Submittals as required by Section 01700, Project Closeout. END OF SPECIAL CONDITIONS SC-5 DIVISION 1 - GENERAL REQUIREMENTS Page 01010- 1 SUMMARY OF WORK - 01010 Addendum No.1 SECTION 01010 - SUMMARY OF WORK PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Special Conditions and other Division-1 Specification Sections, apply to this Section. PROJECT DESCRIPTION: Project includes building envelope renovations to roofing, parapets, exterior cladding joints and windows at the Augusta Richmond County Municipal Building located at 530 Greene Street in downtown Augusta. Work also includes limited amounts of underground storm drainage tie-ins of new roof drains. Base Bid Work generally includes the following: 1. Roof Areas A and B: a. Remove the existing single ply membrane, roof insulation, built-up coal tar pitch roofing, bituminous and metal flashings, gutters, and downspouts and discard. b. Furnish and install new insulation, cover board, modified bitumen torched roofing, bituminous and metal flashings, gutters and downspouts. 2. Roof Areas C and D: a. Remove the exiting single ply membranes, roof insulation, built-up coal tar pitch roofing, bituminous and metal flashings, scupper liners and discard. b. Furnish and install base insulation, tapered insulation, cover board, modified bitumen torched roofing. 3. Roof Areas E & G: a. Temporarily remove and later reinstall existing stone copings. b. Remove and replace masonry and stone parapets as indicated. c. Remove and discard the existing single ply membranes, roof insulation, built-up coal tar pitch roofing, bituminous and metal flashings and scupper liners. d. Furnish and install new tapered insulation, cover board, modified bitumen roofing, bituminous and metal flashings, scupper liners, roof drains, masonry in fill and though-wall flashings. 4. Roof Areas F & H: a. Temporarily remove and later reinstall existing stone copings. b. Remove and replace masonry and stone parapets as indicated. c. Remove and discard the existing single ply membranes, roof insulation, Page 01010- 1 SUMMARY OF WORK - 01010 Addendum No.1 built-up coal tar pitch roofing, bituminous and metal flashings and scupper liners. d. Furnish and install tapered insulation, cover board, modified bitumen roofing, bituminous and metal flashings, base insulation, scupper liners, masonry in fill an through-wall flashings. 6. Building Facade: a. Cladding: 1) Remove lowest marble panels at base of tower above roof areas E, & G. 2) Remove existing marble coping stone at Roof Areas E, F, G, and H and reinstall on raised parapets. 3) Furnish and install new stone cladding at parapet wall at Roof Areas E, F, G, and H. 4) Clean all exposed stone c/addina, as specified. b. Stucco: 1) Furnish and install new waterproofing and stucco finish on west wall below Roof Area A. 2) Furnish and install new cementitious watemroofina above six (6) entrances on exposed concrete soffits totalina 60 sauare feet. c. Sealant: 1) Remove all existing sealant at marble and granite exterior wall panels and windows and prep for new sealant. 2) Furnish and install new backer rod and sealant at all joints. d. Windows: 1) Remove all existing window sashes. Frames are to remain. 2) Furnish and install new windows with integral panning system. 3) Remove all existing window and frames at the stairwells. 4) Furnish and install new curtain wall system at stair wells. 5) Remove and reinstall existina window blinds, as directed bv Owner. 6) Replace specified auantitv of window blinds, as directed bv Owner. e. Miscellaneous Metals: 1) Clean exterior faces of existina aluminum window and door frames to remain as specified. 2) Clean existina aluminum letters mounted to buildina above main entry. 3) Clean exterior faces of existina metal louvers as specified herein. Page 01010- 2 SUMMARY OF WORK - 01010 Addendum No.1 6. Plumbing a. Furnish and install new underground piping to connect four (4) new downspouts to the existing underground drainage system. 7. Paintina a. Prepare. prime and paint existina tubular steel entry canopy at southeast corner of buildina. as specified. 8. Landscapina a. Replace damaaed landscapina as directed bv Owner, with matchina species. or approved. substitutina species. NOTE: REPLACEMENT OF EXISTING CURTAINWALL AT NORTH ENTRANCE, WINDOWS AT PENTHOUSE, AND TRANSOM LITES ABOVE EXISTING ENTRANCES ARE NOT INCLUDED IN THE SCOPE OF WORK. ROOF SYSTEM SCHEDULE: Following is a general schedule of the primary roof components: Roof Size Existing Roof Existing Structural Drainage Height Area (squares) Roofing Deck Metal Slope (approx :) A 6 Ballasted Structural Aluminum 0 Gutter 127 ft. EPDM Concrete B 4 Single ply Structural Aluminum 0 Gutter 124 ft. membrane Concrete & Copper C 70 over 1 inch Structural Aluminum 0 Roof 110ft. saturated Concrete & Copper Drain D 4 perlite over Structural Copper 0 Roof 39 ft. built-up Concrete Drain E 70 roof. Coal Structural Copper 0 Roof 35 ft. tar pitch Concrete Drain over wet 2 & Metal inch fiber- Decking F 4 glass Structural Copper 0 Roof 33 ft. and vapor Concrete Drain G 70 retarder. Structural Copper 0 Roof 35 ft, Concrete Drain & Metal DeckinQ H 4 Structural Copper 0 Roof 33 ft. Concrete Drain WORK UNDER OTHER CONTRACTS: N/A Page 01010- 3 SUMMARY OF WORK - 01010 Addendum No.1 CONTRACTOR USE OF PREMISES: Contractor's use of the site will generally be limited to the construction laydown and staging areas as indicated on the drawings, or, if not indicated, as approved by the Owner. Areas used shall not conflict with Owner's operations. OWNER OCCUPANCY: The building will remain occupied and in use during the execution of the work. Restrictions on certain types of work will be enforced, as described in Special Conditions. PART 2 - PRODUCTS 2.1 CLEANING MATERIALS FOR MISCELLANEOUS METALS A. Non-Hvdrofluoric Restoration DeterQent 1. PRODUCTS: SUBJECT TO COMPLIANCE WITH REQUlRMENTS, AVAILABLE PRODUCTS THA T MA Y BE INCORPORA TED INTO WORK INCLUDE THE FOLLOWING: A. EACO CHEM; SAFERESTORE PART 3 - EXECUTION 3.1 PROTECTION A. Protect adjacent and surroundina surfaces from exposure to the cleanina solution. Avoid direct contact with foliaae. 1. Cover landscapina usina plastic or wet the foliaae with water before and after c/eanina process. 2. Erect temporary protective covers over walkways and at points of pedestrian and vehicular entrance and exit that must remain in service durina course of c/eanina work B. Comply with chemical-cleaner manufacturer's written instructions for protectina buildina and other surfaces aaainst damaae from exposure to its products. Prevent chemical cleanina solutions from comina into contact with people, motor vehicles. landscapina. buildinas, and other surfaces that could be harmed by such contact. 1. Cover adjacent surfaces with materials that are proven to resist chemical cleaners used unless chemical cleaners beina used will not damaae adjacent surfaces. Use materials that contain only watemroof. UV resistant adhesives. 2. Keep area wet below area beina cleaned to prevent streakina from runoff. Page 01010- 4 SUMMARY OF WORK - 01010 Addendum No.1 3. Do not clean durinQ winds of sufficient force to spread cleanina solutions to unprotected surfaces. 3.2 C/eanina A. Proceed with cleanina in an orderly manner: work from top to bottom of each area and from one end of each elevation to the other. Ensure that dirty residues and rinse water will not wash over cleaned. dry surfaces. B. Use equipment that provides controlled application at volume and pressure indicated. measured at spray tiP. Adiust pressure and volume to ensure that area beina cleaned is not damaQed. For c1eanina of louvers and siQnaae. use medium bristled brushes and cloths. 3.3 Safety Comply with all safety precautions as directed in manufacturer's Material Safety Data Sheets. END OF SECTION 01010 Page 01010- 5 APPLICATIONS FOR PAYMENT - 01027 SECTION 01027 - APPLICATIONS FOR PAYMENT PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Special Conditions and other Division-1 Specification Sections, apply to this Section. SUMMARY: This Section specifies administrative and procedural requirements governing the Contractor's Applications for Payment. Coordinate the Schedule of Values and Applications for Payment with the Contractor's Construction Schedule, List of Subcontracts, and Submittal Schedule. The Contractor's Construction Schedule and Submittal Schedule are included in Section "Submittals" . SCHEDULE OF VALUES: Coordinate preparation of the Schedule of Values with preparation of the Contractor's Construction Schedule. Correlate line items in the Schedule of Values with other required administrative schedules and forms, including: Contractor's construction schedule. Application for Payment form. List of subcontractors. Schedule of alternates. List of products. List of principal suppliers and fabricators. Schedule of submittals. Submit the Schedule of Values to the Owner at the earliest feasible date, but in no case later than 14 days after the date of the "Notice to Proceed". Format and Content: Use the Project Manual Table of Contents as a guide to establish the format for the Schedule of Values. Identification: Include the following Project identification on the Schedule of Values: Project name and location. Name of the Design Consultant. Project number. Contractor's name and address. Date of submittal. Page 01027- 1 APPLICATIONS FOR PAYMENT - 01027 Arrange the Schedule of Values in a tabular form with separate columns to indicate the following for each item listed: Generic name. Dollar value. Provide a breakdown of the Contract Sum in sufficient detail to facilitate continued evaluation of Applications for Payment and progress reports. Break principal subcontract amounts down into several line items. Round amounts off to the nearest whole dollar; the total shall equal the Contract Sum. For each part of the Work where an Application for Payment may include materials or equipment, purchased or fabricated and stored, but not yet installed, provide separate line items on the Schedule of Values for initial cost of the materials, for each subsequent stage of completion, and for total installed value of that part of the Work. Marqins of Cost: Show line items for indirect costs, and margins on actual costs, only to the extent that such items will be listed individually in Applications for Payment. Each item in the Schedule of Values and Applications for Payment shall be complete including its total cost and proportionate share of general overhead and profit margin. At the Contractor's option, temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown as separate line items in the Schedule of Values or distributed as general overhead expense. APPLICATIONS FOR PAYMENT: Each Application for Payment shall be consistent with previous applications and payments as paid for by the Owner. The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements. Payment Application Times: Each progress payment date is as indicated in the General Conditions. The period of construction Work covered by each Application or Payment is the period indicated in the General Conditions. Payment Application Forms: Use form as approved and/or furnished by the Owner. Application Preparation: Complete every entry on the form, including notarization and execution by person authorized to sign legal documents on behalf of the Owner. Incomplete applications will be returned without action. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions have been made. Include amounts of Change Orders issued prior to the last day of the construction period covered by the application. Page 01027- 2 APPLICATIONS FOR PAYMENT - 01027 Transmittal: Submit 4 executed copies of each Application for Payment to the Owner by means ensuring receipt within 24 hours; one copy shall be complete, including waivers of lien and similar attachments, when required. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of the first Application for Payment include the following: List of subcontractors. List of principal suppliers and fabricators. Schedule of Values. Contractor's Construction Schedule (preliminary if not final). Submittal Schedule (preliminary if not final). Copies of building permits. Schedule of MBE Participation (continues on a monthly basis) Application for Payment at Substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment; this application shall reflect any Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. Administrative actions and submittals that shall proceed or coincide with this application include: Warranties (guarantees) and maintenance agreements. Final cleaning. List of incomplete Work, recognized as exceptions to Certificate of Substantial Completion. Final Payment Application: Administrative actions and submittals which must precede or coincide with submittal of the final payment Application for Payment include the following: Completion of Project closeout requirements. Completion of items specified for completion after Substantial Completion. Assurance that unsettled claims will be settled. Assurance that Work not complete and accepted will be completed without undue delay. Transmittal of required Project construction records to Owner. Proof that taxes, fees and similar obligations have been paid. Certified statement regarding Offshore Items. Approval of Surety for release of retainage. Removal of temporary facilities and services. Removal of surplus materials, rubbish and similar elements. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01027 Page 01027- 3 ALTERNATES. 01030 SECTION 01030 . ALTERNATES PART 1 . GENERAL SUMMARY: This Section specifies administrative and procedural requirements for Alternates. Definition: An Alternate is an amount proposed by Bidders and stated on the Bid Form for certain construction activities defined in the Bidding Requirements that may be added to or deducted from Base Bid amount if the Owner decides to accept a corresponding change in either the amount of construction to be completed, or in the products, materials, equipment, systems or installation methods described in Contract Documents. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary to ensure that Work affected by each accepted Alternate is complete and fully integrated into the project. Notification: Immediately following the award of the Contract, prepare and distribute to each party involved, notification of the status of each Alternate. Indicate whether Alternates have been accepted, rejected or deferred for consideration at a later date. Include a complete description of negotiated modifications to Alternates. Schedule: A "Schedule of Alternates" is included at the end of this Section. Specification Sections referenced in Hie Schedule contain requirements for materials and methods necessary to achieve the Work described under each Alternate. Include as part of each Alternate, miscellaneous devices, accessory objects and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate. PART 2 . PRODUCTS (Not Applicable). PART 3 . EXECUTION SCHEDULE OF ALTERNATES: Alternate NO.1: Work under Alternate number 1 consists of installation of new marble exterior stone cladding, matching the appearance the existing marble cladding, in lieu of granite cladding, at the raised parapets in areas E, F, G and H. Alternate shall include all accessories and associated work relative to the use of marble cladding in lieu of granite cladding. END OF SECTION 01030 Page 01030- 1 MODIFICATION PROCEDURES - 01035 SECTION 01035. MODIFICATION PROCEDURES PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Special Conditions and other Division 1 Specification sections, apply to this section. SUMMARY: This section specifies administrative and procedural requirements for handling and processing Contract modifications. Related Sections: The following sections contain requirements that relate to this section: Division 1 Section "Submittals" for requirements for the Contractor's Construction Schedule. Division 1 Section "Application for Pavment" for administrative procedures governing applications for payment. Division 1 Section "Product Substitutions" for administrative procedures for handling requests for substitutions made after award of the Contract. MINOR CHANGES IN THE WORK: Supplemental instructions authorizing minor changes in the Work, not involving an adjustment to the Contract Sum or Contract Time, will be issued on the Design Consultant's Document Clarification form. CHANGE PROPOSAL REQUESTS: Owner-Initiated Proposal Requests: Proposed changes in the Work that will require adjustment to the Contract Sum or Contract Time will be issued on a Change Proposal form by the Owner, with a detailed description of the proposed change and supplemental or revised Drawings and Specifications, if necessary. Proposal requests issued are for information only. Do not consider them instruction either to stop work in progress, or to execute the proposed change. Unless otherwise indicated in the proposal request, within 20 days of receipt of the proposal request, submit to the Owner an estimate of cost necessary to execute the proposed change. Prepare in accordance with Article 12. CHANGES IN THE WORK OF THE GENERAL CONDITIONS. Submit on the form furnished by the Owner a breakdown of quantities of labor and materials to be purchased and unit costs, along with the total amount of purchases to be made. Breakdown shall include a similar breakdown of work proposed by each subcontractor. Page 01035- 1 MODIFICATION PROCEDURES - 01035 Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. Include a statement indicating the effect the proposed change in the Work will have on the Contract Time. No future consideration for time extension relatinq to this chanoe will be entertained after acceptance bv the Owner. Contractor-Initiated Chanqe Proposal Requests: When latent or other unforeseen conditions require modifications to the Contract, the Contractor may propose changes by submitting a Request for Information (RFI) on form furnished by the Owner. Include a statement outlining the reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and Contract Time. Comply with requirements in Section "Product Substitutions" if the proposed change in the Work requires the substitution of one product or system for a product or system specified. After receipt of the above information from the Contractor, the Owner, with assistance from the Design Consultant, will evaluate the request and if necessary will prepare and issue a Change Proposal as specified above. CONSTRUCTION CHANGE DIRECTIVE: Construction Chanoe Directive: When the Owner and Contractor are not in total agreement on the terms of a Change Proposal request, the Owner may issue a Construction Change Directive, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. The Construction Change Directive will contain a complete description of the change in the Work and designate the method to be followed to determine change in the Contract Sum or Contract Time. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. After completion of the change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. CHANGE ORDER PROCEDURES: Upon approval of the Change Proposal, the Owner will issue a Change Order for the signature of the Contractor, as provided in the Conditions of the Contract. PART 2 - PRODUCTS (Not Applicable). PART 3 - EXECUTION (Not Applicable). END OF SECTION 01035 Page 01035- 2 CUTTING AND PATCHING - 01045 SECTION 01045 - CUTTING AND PATCHING PART1-GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. SUMMARY: This Section specifies administrative and procedural requirements for cutting and patching. Refer to other Sections for specific requirements and limitations applicable to cutting and patching individual parts of the Work. Requirements of this Section apply to mechanical and electrical installations. Refer to Division-15 and Division-16 Sections for other requirements and limitations applicable to cutting and patching mechanical and electrical installations. SUBMITTALS: Cuttino and Patchino Proposal: Where approval of procedures for cutting and patching is required before proceeding, submit a proposal describing procedures well in advance of the time cutting and patching will be performed and request approval to proceed. Include the following information, as applicable, in the proposal: Describe the extent of cutting and patching required and how it is to be performed; indicate why it cannot be avoided. Describe anticipated results in terms of changes to existing construction; include changes to structural elements and operating components as well as changes in the building's appearance and other significant visual elements. List products to be used and firms or entities that will perform Work. Indicate dates when cutting and patching is to be performed. List utilities that will be disturbed or affected, including those that will be relocated and those that will be temporarily out-of-service. Indicate how long service will be disrupted. Where cutting and patching involves addition of reinforcement to structural elements, submit details and engineering calculations to show how reinforcement is integrated with the original structure. Approval by the Design Consultant to proceed with cutting and patching does not waive the Design Consultant's right to later require complete removal and replacement of a part of the Work found to be unsatisfactory. QUALITY ASSURANCE: Requirements for Structural Work: Do not cut and patch structural elements in a manner that would reduce their load-carrying capacity or load-deflection ratio. Obtain approval of the cutting and patching proposal before cutting and patching the following structural elements: Foundation construction. Bearing and retaining walls. Structural concrete. Structural steel. Lintels. Structural decking. Stair systems. Miscellaneous structural metals. Equipment supports. Piping, ductwork, vessels and equipment. Page 01045- 1 CUTTING AND PATCHING - 01045 Operational and Safety Limitations: Do not cut and patch operating elements or safety related components in a manner that would result in reducing their capacity to perform as intended, or result in increased maintenance, or decreased operational life or safety. Obtain approval of the cutting and patching proposal before cutting and patching the following operating elements or safety related systems: Primary operational systems and equipment. Air or smoke barriers. Water, moisture, or vapor barriers. Membranes and flashing. Fire protection systems. Noise and vibration control elements and systems. Control systems. Communication systems. Conveying systems. Electrical wiring systems. Visual Reauirements: Do not cut and patch construction exposed on the exterior or in occupied spaces, in a manner that would, in the Design Consultant's opinion, reduce the Project's aesthetic qualities, or result in visual evidence of cutting and patching. Remove and replace Work cut and patched in a visually unsatisfactory manner. If possible retain the original installer or fabricator to cut and patch exposed Work, or if it is not possible to engage the original installer or fabricator, engage another recognized experienced and specialized firm. PART 2 - PRODUCTS MATERIALS: Use materials that are identical to existing materials. If identical materials are not available or cannot be used where exposed surfaces are involved, use materials that match existing adjacent surfaces to the fullest extent possible with regard to visual effect. Use materials whose installed performance will equal or surpass that of existing materials. PART 3 - EXECUTION INSPECTION: Before cutting existing surfaces, examine surfaces to be cut and patched and conditions under which cutting and patching is to be performed. Take corrective action before proceeding, if unsafe or unsatisfactory conditions are encountered. Before proceeding, meet at the site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. PREPARATION: Temporary Support: Provide temporary support of Work to be cut. Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of the Project that might be exposed during cutting and patching operations. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. PERFORMANCE: General: Employ skilled workmen to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time and complete without delay. Page 01045- 2 CUTTING AND PATCHING - 01045 Cut existing construction to provide for installation of other components or performance of other construction activities and the subsequent fitting and patching required to restore surfaces to their original condition. Cuttino: Cut existing construction using methods least likely to damage elements to be retained or adjoining construction. Where possible review proposed procedures with the original installer; comply with the original installer's recommendations. In general, where cutting is required use hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut holes and slots neatly to size required with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. To avoid marring existing finished surfaces, cut or drill from the exposed or finished side into concealed surfaces. Cut through concrete and masonry using a cutting machine such as a carborundum saw or diamond core drill. Comply with requirements of applicable Sections of Division-2 where cutting and patching requires excavating and backfilling. By-pass utility services such as pipe or conduit, before cutting. Patchinq: Patch with durable seams that are as invisible as possible. Comply with specified tolerances. Where feasible, inspect and test patched areas to demonstrate integrity of the installation. Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. CLEANING: Thoroughly clean areas and spaces where cutting and patching is performed or used as access. Remove completely paint, mortar, oils, putty and items of similar nature. Thoroughly clean piping, conduit and similar features before painting or other finishing is applied. Restore damaged pipe covering to its original condition. END OF SECTION 01045 Page 01045- 3 PROJECT MEETINGS - 01200 SECTION 01200 - PROJECT MEETINGS PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. SUMMARY: This Section specifies administrative and procedural requirements for project meetings including but not limited to: Pre-Construction Conference. Pre-Installation Conferences. Coordination Meetings. Progress Meetings. Construction schedules are specified in another Division-1 Section. PRE-CONSTRUCTION CONFERENCE: A pre-construction conference and organizational meeting will be scheduled at the Project site or other convenient location no later than 15 days after execution of the Agreement and prior to commencement of construction activities. The Owner will review the responsibilities of the various entities, personnel assignments, policies and procedures to be used during construction. Attendees: The Owner, Design Consultant and their consultants, the Contractor and its superintendent, major subcontractors, manufacturers, suppliers and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the Work. Aqenda: Discuss items of significance that could affect progress including such topics as: Tentative construction schedule. Critical Work sequencing. Designation of responsible personnel. Procedures for processing field decisions and Change Orders. Procedures for processing Applications for Payment. Distribution of Contract Documents. Submittal of Shop Drawings, Product Data and Samples. Preparation of record documents. Use of the premises. Office, Work and storage areas. Equipment deliveries and priorities. Safety procedures. First aid. Security. Page 01200- 1 PROJECT MEETINGS - 01200 Housekeeping. Working hours. PRE-INSTALLATION CONFERENCES: Conduct a pre-installation conference at the site before each construction activity that requires coordination with other construction. The Installer and representatives of manufacturers and fabricators involved in or affected by the installation, and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise the Design Consultant of scheduled meeting dates. Record significant discussions and agreements and disagreements of each conference, along with the approved schedule. Distribute the record of the meeting to everyone concerned, promptly, including the Owner and Design Consultant. Do not proceed if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of Work and reconvene the conference at the earliest feasible date. COORDINATION MEETINGS: Conduct Project coordination meetinas at regularly scheduled times convenient for all parties involved. Project coordination meetings are in addition to specific meetings held for other purposes, such as regular progress meetings. Request representation at each meeting by every party currently involved in coordination or planning for the construction activities involved. The Owner shall record meeting results and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. MONTHLY PROGRESS MEETINGS: Monthly Proaress meetinas will be held at the Project site once a month. Dates of meetings will be coordinated with preparation of the payment request. Attendees: In addition to representatives of the Owner and Design Consultant, each subcontractor, supplier or other entity concerned with current progress or involved in planning, coordination or performance of future activities shall be represented at these meetings by persons familiar with the Project and authorized to conclude matters relating to progress. Monthly Aaenda: Review and correction of minutes of the previous progress meeting and interim coordination meetings will be included. Review other items of significance that could affect progress. Topics for discussion will be included as appropriate to the current status of the Project. Contractor's Construction Schedule: Review progress since the last meeting. Determine where each activity is in relation to the Contractor's Construction Schedule, whether on time or ahead or behind schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. Review the present and future needs of each entity present, including such items as: Page 01200- 2 PROJECT MEETINGS - 01200 Interface requirements. Time. Sequences. Deliveries. Off-site fabrication problems. Access. Site utilization. Temporary facilities and services. Change Orders. Documentation of information for payment requests. Reportina: Owner will keep minutes and distribute copies to each party present at the meetings and to other interested parties. Schedule Updatino: Revise the construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue the revised schedule concurrently with the report of each meeting. END OF SECTION 01200 Page 01200- 3 SUBMITTALS - 01300 SECTION 01300 . SUBMITTALS PART 1 . GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Secial Conditions and other Division-1 Specification Sections, apply to this Section. SUMMARY: This Section specifies administrative and procedural requirements for submittals required for performance of the Work, including: Contractor's construction schedule, submit to Owner. Submittal schedule, submit to Owner. Shop Drawings, submit to DESIGN CONSULTANT. Product Data, submit to DESIGN CONSULTANT. Samples, submit to DESIGN CONSULTANT. Administrative Submittals: Refer to other Division-1 Sections and other Contract Documents for requirements for administrative submittals. Such submittals include, but are not limited to: Permits, submit to Owner. Applications for payment, submit to Owner. Performance and payment bonds, submit to Owner. Insurance certificates, submit to Owner. List of Subcontractors, submit to Owner. The Schedule of Values submittal is included in Section "Applications for Payment." SUBMITTAL PROCEDURES: Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals and related activities that require sequential activity. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals concurrently for coordination. The DESIGN CONSULTANT reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. Processinq: Allow sufficient review time so that installation will not be delayed as a result of the time required to process submittals, including time for re-submittals. Page 01300- 1 SUBMITTALS - 01300 Allow two weeks for initial review. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. The DESIGN CONSULTANT will promptly advise the Contractor when a submittal being processed must be delayed for coordination. If an intermediate submittal is necessary, process the same as the initial submittal. Allow two weeks for reprocessing each submittal. No extension of Contract Time will be authorized because of failure to transmit submittals sufficiently in advance of the Work to permit processing. Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block. Provide a space approximately 4" x 5" on the label or beside the title block on Shop Drawings to record the Contractor's review and approval markings and the action taken. Include the following information on the label for processing and recording action taken. Project name. Date. Name and address of DESIGN CONSULTANT. Name and address of Contractor. Name and address of subcontractor. Name and address of supplier. Name of manufacturer. Number and title of appropriate Specification Section. Drawing number and detail references, as appropriate. Submittal Transmittal: Package submittals appropriately for transmittal and handling. Transmit with DESIGN CONSULTANT'S transmittal form only (sample of form included herein). Submittals received without proper transmittal form or from other than the Contractor will be returned without action. CONTRACTOR'S CONSTRUCTION SCHEDULE: CPM Schedule: See Section 01315 for construction schedule requirements. SUBMITTAL SCHEDULE: After development and acceptance of the Contractor's construction schedule, prepare a complete schedule of submittals on form provided by Owner. Submit to the Owner the completed schedule within 10 days of the date required for establishment of the Contractor's construction schedule. Coordinate submittal schedule with the list of subcontracts, schedule of values and the list of products as well as the Contractor's construction schedule. Prepare the schedule in chronological order; include submittals required during the first 90 days of construction. Page 01300- 2 SUBMITTALS - 01300 Distribution: Following approval by the Owner of the initial submittal, the Owner will print and distribute copies to the DESIGN CONSULTANT and Contractor. The Contractor shall distribute copies to subcontractors and other parties required to comply with submittal dates indicated. Post copies in the Project meeting room and field office. Schedule Updatinq: The Contractor will continuously update the schedule after initial submittal and approval. Contractor will immediately notify the Owner of any revisions required due to changes in the work or construction schedule. Updated schedule will be distributed each month concurrently with the Monthly Progress Meeting. SUBMITTALS - GENERAL: Submittal of shop drawings, product data and samples with their related approvals are required prior to final ordering of materials. The DESIGN CONSULTANT'S review of these submittals shall allow for the opportunity to make changes, correct conflicts, etc. without impact on the schedule or cost. If materials have been ordered prior to approval of specified submittals and changes are required, which if made prior to the ordering would not have affected the schedule or the cost, the Contractor shall be required to make such changes at no cost to the Owner and without extension of the time of completion. Prior to transmission of submittals to the DESIGN CONSULTANT, the Contractor shall carefully review the submittal for accuracy, compliance with contract documents, additional data required, etc. Submittal will be returned for resubmittal if Contractor has not signed-off his approval.6 Submit shop drawings, product data, and samples to the DESIGN CONSULTANT or the appropriate Consultant for review. When submittal is sent directly to the Consultant, a copy of the transmittal form shall be sent to the DESIGN CONSULTANT for his information. SHOP DRAWINGS: Submit newly prepared information, drawn to accurate scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or COpy standard information as the basis of Shop Drawinqs. Standard information prepared without specific reference to the Project is not considered Shop Drawings. Shop Drawings include fabrication and installation drawings, details showing the affect on and/or the integration of adjacent construction, setting diagrams, schedules, patterns, templates and similar drawings. Include the following information: Dimensions. Identification of products and materials included. Compliance with specified standards. Notation of coordination requirements. Notation of dimensions established by field measurement. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit Shop Drawings on sheets at least 8-1/2" x 11" but no larger than 30" x 40". Submittal: Submit one correctable translucent reproducible print and two blue- or black- line print for the Design Consultant's review; the reproducible print will be returned. Do not use Shop Drawings without an appropriate final stamp indicating action taken in connection with construction. Page 01300- 3 SUBMITTALS - 01300 PRODUCT DATA: Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information such as manufacturer's installation instructions, catalog cuts, standard color charts, roughing-in diagrams and templates, standard wiring diagrams and performance curves. Where Product Data must be specially prepared because standard printed data is not suitable for use, submit as "Shop Drawings." Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products, some of which are not required, mark copies to indicate the applicable information. Include the following information: Manufacturer's printed recommendations. Compliance with recognized trade association standards. Compliance with recognized testing agency standards. Application of testing agency labels and seals. Notation of dimensions verified by field measurement. Notation of coordination requirements. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed. Submittals: For Review Only - No Approval Required: Submit 2 copies, 3 copies if Consultant review is required. No copies will be returned. Where required for Maintenance Manuals, Contractor will retain 3 similar copies for inclusion on the manuals. For Approval: Submit 5 copies, 6 copies if Consultant review is required. 3 copies will be returned marked with action taken and corrections or modifications required. Where required for Maintenance Manuals, Contractor will revise if required and retain 3 copies for inclusion in the manuals. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. Show distribution on transmittal forms. Do not proceed with installation until an applicable copy of Product Data applicable is in the installer's possession. Do not permit use of unmarked copies of Product Data in connection with construction. SAMPLES: Submit full-size, fully fabricated Samples cured and finished as specified and physically identical with the material or product proposed. Samples include mockups, partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture and pattern. Mount, display, or package Samples in the manner specified to facilitate review of qualities indicated. Prepare Samples to match the Design Consultant's Sample. Include the following: Page 01300- 4 SUBMITTALS. 01300 Generic description of the Sample. Sample source. Product name or name of manufacturer. Compliance with recognized standards. Availability and delivery time. Submit Samples for review of kind, color, pattern, and texture, for a final check of these characteristics with other elements, and for a comparison of these characteristics between the final submittal and the actual component as delivered and installed. Where variation in color, pattern, texture or other characteristics are inherent in the material or product represented, submit multiple units (not less than 3), that show approximate limits of the variations. Refer to other Specification Sections for requirements for Samples that illustrate workmanship, fabrication techniques, details of assembly, connections, operations and similar construction characteristics. Refer to other Sections for Samples to be returned to the Contractor for incorporation in the Work. Such Samples must be undamaged at time of use. On the transmittal, indicate special requests regarding disposition of Sample submittals. Preliminary submittals: Where Samples are for selection of color, pattern, texture or similar characteristics from a range of standard choices, submit a full set of choices for the material or product. Preliminary submittals will be reviewed and returned with the Design Consultant's mark indicating selection and other action. Submittals: Except for Samples illustrating assembly details, workmanship, fabrication techniques, connections, operations and similar characteristics, submit 3 sets; one will be returned marked with the action taken. Maintain sets of Samples, as returned, at the Project site, for quality comparisons throughout the course of construction. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. Sample sets may be used to obtain final acceptance of the construction associated with each set. Distribution of Samples: Prepare and distribute additional sets to subcontractors, manufacturers, fabricators, suppliers, installers, and others as required for performance of the Work. Show distribution on transmittal forms. Field Samples or Mockups specified in individual Sections are special types of Samples. Field Samples are full-size examples erected on site to illustrate finishes, coatings, or finish materials and to establish the standard by which the Work will be judged. Page 01300- 5 SUBMITTALS - 01300 Comply with submittal requirements to the fullest extent possible. Process transmittal forms to provide a record of activity. DESIGN CONSULTANT'S ACTION: Except for submittals for record, information or similar purposes, where action and return is required, the Design Consultant will review each submittal, mark to indicate action taken, and return. Compliance with specified characteristics is the Contractor's responsibility. DESIGN CONSULTANT'S review is for general conformance with the design concept and Contract Documents. If any deviations from the Contract Documents are included herein. such deviations shall be presumed bv the Contractor as not havinq been reviewed bv the Desiqn Consultants. except where specific emphatic attention is called to the chanqe as a deviation. Markings or comments shall not be construed as relieving the Contractor from compliance with the project plans and specifications. The Contractor remains responsible for details and accuracy, for confirming and correlating all quantities and dimensions, for selecting fabrication processes, for techniques of assembly, and for performing his work in a safe manner. Action Stamp: The DESIGN CONSULTANT will stamp each submittal with a uniform, self- explanatory action stamp. The stamp will be appropriately marked to indicate the action taken. Other Action: Where a submittal is primarily for information or record purposes, special processing or other activity, the submittal will not be returned. PART 2 - PRODUCTS (Not Applicable). PART 3 - EXECUTION (Not Applicable). END OF SECTION 01300 Page 01300- 6 CPM SCHEDULES AND REPORTS - 01315 SECTION 01315 - CPM SCHEDULES AND REPORTS PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. SUMMARY: General: This Section specifies administrative and procedural requirements for the critical path method (CPM and Bar Chart Method) of scheduling and reporting progress of the Work. Refer to General Conditions and the Agreement, for definitions and specific dates of Contract Time. It will be the decision of Owner to which form of scheduling will be permissible for each project. This will be designated at the pre-bid conference. DEFINITIONS: Critical path method (CPM) is a construction scheduling technique using network analysis diagrams to plan and organize construction activities in an orderly manner along the critical path. Bar Chart: A construction scheduling technique using horizontal lines, or bars, plotted along a daily time scale. Network: A network diagram is a graphic representation showing the relationship of activities and events in the correct sequences required to complete the Project within the Contract Time. Activitv: An activity is any single identifiable step in the Project. It depends upon and cannot begin until completion of all preceding activities. Float or slack 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 on the CPM Schedule. QUALITY ASSURANCE: Consultant: Retain a Consultant to provide CPM or Bar Chart scheduling services, including planning, evaluating and reporting. The Consultant shall be a recognized specialist, acceptable to the Design Consultant, who is expert in the critical path methods (CPM or Bar Chart methods) of scheduling and reporting. The Consultant shall have computer facilities available that are capable of delivering detailed network diagrams within 48 hours of request. Standards: Comply with procedures contained in "CPM in Construction - A Manual for General Contractors" published by The Associated General Contractors of America, Inc. Comply with procedures contained within this specification pertaining to bar charts. SCHEDULE REQUIREMENTS: Within fifteen (15) calendar days following Notice to Proceed, the Contractor shall submit to the Owner, for review and comment, a CPM Schedule in precedence form for his construction/erection work scope. The form of submittal of the contract scheduling documents, including logic diagrams, is as follows: The Contractor shall submit to the Owner two (2) copies of his proposed Contract Activities and a computer disk containing the schedule data files. The Contractor shall develop his schedule using the Primavera or PMS-80 scheduling system (Primavera is preferred). The schedule shall consist of a network diagram with activity descriptions and duration's and supporting data which will explain the Contractor's planning of the work. Page 01315- 1 CPM SCHEDULES AND REPORTS - 01315 CPM SCHEDULE: The CPM Schedule shall include: The order and interdependencies of the Contractor's activities and the major points of the interface or interrelation with the activities of others, including Specific Dates for completion. Conformance with and identification of the Specific Dates specified in the Contract Documents. The description and quantity of work by activity. Off site activities: The time required for engineering, preparation and approval of shop drawings, manufacturing and delivery of Contractor-furnished permanent plan materials, especially long lead items. Delivery of Owner-furnished material and equipment. Shop fabrication and delivery. Critical Path (or Paths). Testing of equipment and materials. The CPM Schedule shall provide a complete and detailed sequence of operations of the Work within the time limits specified in the Contract. The identity and duration of all activities to be included in this CPM Schedule shall meet the following criteria: Activity descriptions shall be clear and concise. The beginning and end of each activity shall be readily verifiable. Responsibility for each activity shall be identified with a single performing organization. The identity of any potential problems of constraints related to the implementation of the overall construction plan. The level of detail of the CPM Schedule shall be such that no activity shall have a duration longer than fourteen (14) calendar days, except for procurement and General Conditions Activities or except at the discretion of the Design Consultant. The CPM Schedule shall indicate an early completion date for the project that is not later than the project's required completion date. All activity durations shall be given in calendar days. The CPM Schedule shall also indicate each of the following: Interfaces with the work of outside contractors, e.g., utilities, power, and with any separate contractor. Description of activity including activity number/numbers. Estimated duration time for each activity. Early start date for each activity. Late start date for each activity. Early finish date for each activity. Late finish date for each activity. Float available for each path of activities containing float. Actual start date for each activity begun. Actual finish date for each activity completed. Identification of all Critical Path activities in the mathematical analysis. The Critical Path for the project, with said path of activities being clearly and easily recognizable on the time-scaled CPM Schedule Diagram. The relationship between all non-critical activities and activities on the Critical Path shall be clearly shown on the CPM Schedule Diagram. The percentage complete of each activity in progress or completed. It is to be expressly understood and agreed by the Contractor that the Schedule is an estimate to be revised from time to time as progress proceeds, and that the Owner does not guarantee that Contractor can start work activities on the "early start" or "late start" dates or complete work activities on the "early finish" or "late finish" date shown in the Schedule, or as same may be updated or revised; nor does the Owner or Design Consultant guarantee that Contractor can proceed at all times in the sequence established by said Schedule. If Contractor's Schedule indicates that Owner or a separate contractor is to perform an activity by a specific date, or within a certain duration, Owner or any separate contractor under contract with Owner shall Page 01315- 2 CPM SCHEDULES AND REPORTS - 01315 not be bound to said date or duration unless Owner expressly and specifically agrees in writing to same; the Owner's, the Design Consultant's overall review and approval or acceptance of the Schedule does not constitute an agreement to specific dates, durations, or sequences for activities of the Owner or any separate contractor. Schedule of Values: The Contractor shall submit a Schedule of Values (using the breakdown of the computer listing of activities) for acceptance by the Owner. The Schedule of Values will allocate a dollar value (cost) for each activity of the CPM Schedule. The Sum of all activity costs shall be equal to the total Contract Sum. Each activity cost shall be coded with a cost code corresponding to the subcontractor responsible for performing the Work so that subtotals for each division of the Work can be prepared. The accepted Schedule of Values shall represent a fair, reasonable, and equitable dollar (cost) allocation for each activity on the CPM Schedule. Processinq: Enter prepared data on the processing system. Process data to produce output data or a computer-drawn time-scaled network. Revise data, reorganize activity sequences, and reproduce as often as necessary to produce the best possible CPM construction schedule within the limitations of Contract Time. Format: Display the full network on a single sheet of sufficient width to show data clearly for the entire construction period. Mark the critical path. Locate the critical path near the center of the network; locate paths with the most float near the edges. Sub networks on separate sheets are permissible for activities clearly off the critical path. Submittal and Distribution: Submit the initial issue of the tabulations and network for acceptance. When authorized, distribute copies to the Design Consultant, Owner, separate Contractors, principal subcontractors and suppliers or fabricators, and others identified by the Contractor with a need-to-know schedule responsibility. Post copies in the temporary field office. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. Submit copies of each computer-produced report (listing) in duplicate to Design Consultant. Schedule Updatinq: Revise the schedule immediately after each meeting or other activity, where revisions have been recognized or made. Issue the updated schedule concurrently with the report of each Project meeting. Float Time: Float or slack time is not for the exclusive use or benefit of either the Contractor or the Owner. Contractor's work shall proceed according to 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. Extensions of time for performance as described in the Contract Documents will be granted only to the extent: (1) that time adjustments for the activity or activities affected by any condition or event which entitles the Contractor to a time extension exceed the total float or slack along the path of activities effected at the time of Notice to Proceed of a Change Order or the commencement of any delay or condition for which an adjustment is warranted under the Contract Documents; and (2) that such condition or event affected the Critical Path and delayed the completion of the Project. Network Revisions: Should the Contractor, after approval of the initial CPM Schedule desire to change his plan of construction, he shall submit his requested revisions to the Owner 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 schedule to include the effect of changes, acts of God or other conditions or events which have affected the CPM Schedule. If the requested changes are acceptable to the Design Consultant, they will be incorporated by the Contractor into the CPM Schedule in the next reporting period. Page 01315- 3 CPM SCHEDULES AND REPORTS - 01315 PART 2 - PRODUCTS (Not Applicable). PART 3 - EXECUTION (Not Applicable). END OF SECTION 01315 Page 01315- 4 QUALITY CONTROL SERVICES - 01400 SECTION 01400 - QUALITY CONTROL SERVICES PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. SUMMARY: This Section specifies administrative and procedural requirements for quality control services. Quality control services include inspections and tests and related actions including reports, performed by independent agencies, governing authorities, and the Contractor. They do not include Contract enforcement activities performed by the Owner. Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with Contract Document requirements. Requirements of this Section relate to customized fabrication and installation procedures, not production of standard products. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Those requirements, including inspections and tests, cover production of standard products as well as customized fabrication and installation procedures. Inspections, test and related actions specified are not intended to limit the Contractor's quality control procedures that facilitate compliance with Contract Document req uirements. Requirements for the Contractor to provide quality control services required by the Design Consultant, Owner, or authorities having jurisdiction are not limited by provisions of this Section. RESPONSIBILITIES: Contractor Responsibilities: Re-testinQ: The Contractor is responsible for re-testing where results of required inspections, tests or similar services prove unsatisfactory and do not indicate compliance with Contract Document requirements, regardless of whether the original test was the Contractor's responsibility. Cost of re-testing construction revised or replaced by the Contractor is the Contractor's responsibility, where required tests were performed on original construction. Associated Services: The Contractor shall cooperate with agencies performing required inspections, tests and similar services and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include but are not limited to: Page 01400- 1 QUALITY CONTROL SERVICES - 01400 Providing access to the Work and furnishing incidental labor and facilities necessary to facilitate inspections and tests. Taking adequate quantities of representative samples of materials that require testing or assisting the agency in taking samples. Providing facilities for storage and curing of test samples, and delivery of samples to testing laboratories. Providing the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. Security and protection of samples and test equipment at the Project site. Owner Responsibilities: The Owner will provide inspections, tests and similar quality control services specified to be performed by independent agencies and not by the Contractor, except where they are specifically indicated as the Contractor's responsibility or are provided by another identified entity. Costs for these services are not included in the Contract Sum. The Owner will employ and pay for the services of an independent agency, testing laboratory or other qualified firm to perform services of the Owner's responsibility. The Owner will pay for Special Inspections as required by the Building Official to comply with UBC Section 306. Coordination: The Contractor and each agency engaged to perform inspections, tests and similar services shall coordinate the sequence of activities to accommodate required services with a minimum of delay. In addition to Contractor and each agency shall coordinate activities to avoid the necessity of removing and replacing construction to accommodate inspections and tests. The Contractor is responsible for scheduling times for inspections, tests, taking samples and similar activities. PART 2 - PRODUCTS (Not Applicable). PART 3 - EXECUTION REPAIR AND PROTECTION: General: Upon completion of inspection, testing, sample-taking and similar services, repair damaged construction and restore substrates and finishes to eliminate deficiencies, including deficiencies in visual qualities of exposed finishes. Comply with Contract Document requirements for "Cutting and Patching." Protect construction exposed by or for quality control service activities, and protect repaired construction. Repair and protection is the Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing or similar services. END OF SECTION 01400 Page 01400- 2 TEMPORARY FACILITIES - 01500 SECTION 01500 - TEMPORARY FACILITIES PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. SUMMARY: This Section specifies requirements for temporary services and facilities, including utilities, construction and support facilities, security and protection. Temporary utilities required include but are not limited to: Water service and distribution. Temporary electric power and light. Telephone service. Internet & Email access. Storm and sanitary sewer. Temporary construction and support facilities required include but are not limited to: Temporary heat. Field offices and storage sheds. Sanitary facilities, including drinking water. De-watering facilities and drains. Temporary enclosures. Hoists and temporary elevator use. Temporary Project identification signs and bulletin boards. Waste disposal services. Rodent and pest control. Construction aids and miscellaneous services and facilities. Security and protection facilities required include but are not limited to: Temporary fire protection. Page 01500- 1 TEMPORARY FACILITIES - 01500 Barricades, warning signs, lights. Sidewalk bridge or enclosure fence for the site. Environmental protection. SUBMITTALS: Temporary Utilities: Submit reports of tests, inspections, and similar procedures performed on temporary utilities. Implementation and Termination Schedule: Submit a schedule indicating implementation and termination of each temporary utility within 15 days of the date established for commencement of the Work. QUALITY ASSURANCE: ReQulations: Comply with industry standards and applicable laws and regulations if authorities having jurisdiction, including but not limited to: Building Code requirements. Health and safety regulations. Utility company regulations. Police, Fire Department and Rescue Squad rules. Environmental protection regulations. Standards: Comply with NFPA Code 241, "Building Construction and Demolition Operations", ANSI-A 10 Series standards for "Safety Requirements for Construction and Demolition", and NECA Electrical Design Library, "Temporary Electrical Facilities." Refer to "Guidelines for Bid Conditions for Temporary Job Utilities and Services", prepared jointly by AGC and ASC, for industry recommendations. Electrical Service: Comply with NEMA, NECA and UL standards and regulations for temporary electric service. Install service in compliance with National Electric Code (NFPA 70). Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary utility before use. Obtain required certifications and permits. PROJECT CONDITIONS: Temporary Utilities: Prepare a schedule indicating dates for implementation and termination of each temporary utility. At the earliest feasible time, when acceptable to the Owner, change over from use of temporary service to use of the permanent service. Page 01500- 2 TEMPORARY FACILITIES - 01500 Conditions of Use: Keep temporary services and facilities clean and neat in appearance. Operate in a safe and efficient manner. Take necessary fire prevention measures. Do not overload facilities, or permit them to interfere with progress. Do not allow hazardous dangerous or unsanitary conditions, or public nuisances to develop or persist on the site. PART 2 - PRODUCTS MATERIALS: General: Provide new materials; if acceptable to the Design Consultant, undamaged previously used materials in serviceable condition may be used. Provide materials suitable for the use intended. Lumber and Plvwood: Comply with requirements in Division-6 Section "Rough Carpentry." For job-built temporary offices, shops and sheds within the construction area, provide UL labeled, fire treated lumber and plywood for framing, sheathing and siding. For signs and directory boards, provide exterior type, Grade B-B High Density Concrete Form Overlay Plywood conforming to PS-1, of sizes and thickness indicated. For fences and vision barriers, provide exterior type, minimum 3/8" thick plywood. For safety barriers, sidewalk bridges and similar uses, provide minimum 5/8" thick exterior plywood. Gvpsum Wallboard: Provide gypsum wallboard complying with requirements of ASTM C 36 on interior walls of temporary offices. Roofino Materials: Provide UL Class "A" standard weight asphalt shingles complying with ASTM D 3018, or UL Class "C" mineral surfaced roll roofing complying with ASTM D 249 on roofs of job-built temporary offices, shops and sheds. Paint: Comply with requirements of Division-9 Section "Finish Painting." For job-built temporary offices, shops, sheds, fences and other exposed lumber and plywood, provide exterior grade acrylic-latex emulsion over exterior primer. For sign panels and applying graphics, provide exterior grade alkyd gloss enamel over exterior primer. For interior walls of temporary offices, provide two coats interior latex semi-gloss wall paint. Tarpaulins: Provide waterproof, fire-resistant, UL labeled tarpaulins with flame-spread rating of 15 or less. For temporary enclosures provide translucent nylon reinforced laminated polyethylene or polyvinyl chloride fire retardant tarpaulins. Water: Provide potable water approved by local health authorities. Open-Mesh Fencino: Provide 11-gage, galvanized 2-inch, chain link fabric fencing 6-feet high with galvanized barbed wire top strand and galvanized steel pipe posts, 1-1/2" I.D. for line posts and 2-1/2" I.D. for corner posts. Page 01500- 3 TEMPORARY FACILITIES - 01500 EQUIPMENT: General: Provide new equipment; if acceptable to the Design Consultant, undamaged, previously used equipment in serviceable condition may be used. Provide equipment suitable for use intended. Water Hoses: Provide 3/4" heavy-duty, abrasion-resistant, flexible rubber hoses 100 ft. long, with pressure rating greater than the maximum pressure of the water distribution system; provide adjustable shut-off nozzles at hose discharge. Electrical Outlets: Provide properly configured NEMA polarized outlets to prevent insertion of 110-120 volt plugs into higher voltage outlets. Provide receptacle outlets equipped with ground- fault circuit interrupters, reset button and pilot light, for connection of power tools and equipment. Electrical Power Cords: Provide grounded extension cords; use "hard-service" cords where exposed to abrasion and traffic. Provide waterproof connectors to connect separate lengths of electric cords, if single lengths will not reach areas where construction activities are in progress. Lamps and Liqht Fixtures: Provide general service incandescent lamps of wattage required for adequate illumination. Provide guard cages or tempered glass enclosures, where exposed to breakage. Provide exterior fixtures where exposed to moisture. Heatino Units: Provide temporary heating units that have been tested and labeled by UL, FM or another recognized trade association related to the type of fuel being consumed. Temporary Offices: Provide prefabricated or mobile units or similar job-built construction with lockable entrances, operable windows and serviceable finishes. Provide heated and air- conditioned units on foundations adequate for normal loading. Temporary Toilet Units: Provide self-contained single-occupant toilet units of the chemical, aerated recirculation, or combustion type, properly vented and fully enclosed with a glass fiber reinforced polyester shell or similar nonabsorbent material. First Aid Supplies: Comply with governing regulations. Fire Extinouishers: Provide hand-carried, portable UL-rated, class "A" fire extinguishers for temporary offices and similar spaces. In other locations provide hand-carried, portable, UL- rated, class "ABC" dry chemical extinguishers, or a combination of extinguishers of NFPA recommended classes for the exposures. Comply with NFPA 10 and 241 for classification, extinguishing agent and size required by location and class of fire exposure. PART 3 - EXECUTION INSTALLATION: Use qualified personnel for installation of temporary facilities. Locate facilities where they will serve the Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required. Provide each facility ready for use when needed to avoid delay. Maintain and modify as required. Do not remove until facilities are no longer needed, or are replaced by authorized use of completed permanent facilities. Page 01500- 4 TEMPORARY FACILITIES - 01500 TEMPORARY UTILITY INSTAllATION: General: Engage the appropriate local utility company to install temporary service or connect to existing service. Where the company provides only part of the service, provide the remainder with matching, compatible materials and equipment; comply with the company's recommendations. Arrange with the company and existing users for a time when service can be interrupted, where necessary, to make connections for temporary services. Provide adequate capacity at each stage of construction. Prior to temporary utility availability, provide trucked-in services. Use Charoes: Cost or use charges for temporary facilities are not chargeable to the Owner or Design Consultant, and will not be accepted as a basis of claims for a Change Order. Water Service: Install water service and distribution piping of sizes and pressures adequate for construction until permanent water service is in use. Sterilization: Sterilize temporary water piping prior to use. Temporary Electric Power Service: Provide weatherproof, grounded electric power service and distribution system of sufficient size, capacity, and power characteristics during construction period. Include meters, transformers, overload protected disconnects, automatic ground-fault interrupters and main distribution switch gear. Except where overhead service must be used, install electric power service underground. Power Distribution System: Install wiring overhead, and rise vertically where least exposed to damage. Where permitted, wiring circuits not exceeding 125 Volts, AC 20 ampere rating, and lighting circuits may be nonmetallic sheathed cable where overhead and exposed for surveillance. Temporary Liqhtino: Wherever overhead floor or roof deck has been installed, provide temporary lighting with local switching. Install and operate temporary lighting that will fulfill security and protection requirements, without operating the entire system, and will provide adequate illumination for construction operations and traffic conditions. Temporary Telephones: Provide temporary telephone service for all personnel engaged in construction activities, throughout the construction period. Install telephone unit with cordless connection to temporary field office. Install telephone on a separate line for each temporary office. At each telephone, post a list of important telephone numbers. Internet & Email: Provide Internet access and separate, functioning email addresses for both headquarters (project management) and field superintendent's offices. Drainaoe: Provide earthen embankments and similar barriers in and around excavations and subgrade construction, sufficient to prevent flooding by runoff of storm water from heavy rains. TEMPORARY CONSTRUCTION AND SUPPORT FACILITIES INSTAllATION: Locate field offices, storage sheds, sanitary facilities and other temporary construction and support facilities where approved by Owner. Page 01500- 5 TEMPORARY FACILITIES - 01500 Maintain temporary construction and support facilities until near Substantial Completion. Remove prior to Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to the Owner. Provide incombustible construction for offices, shops and sheds located within the construction area. Comply with requirements of NFPA 241. Temporary Heat: Provide temporary heat required by construction activities, for curing or drying of completed installations or protection of installed construction from adverse effects of low temperatures or high humidity. Select safe equipment that will not have a harmful effect on completed installations or elements being installed. Coordinate ventilation requirements to produce the ambient condition required and minimize consumption of energy. Heatino Facilities: Except where use of the permanent system is authorized, provide vented self-contained LP gas or fuel oil heaters with individual space thermostatic control. Use of gasoline-burning space heaters, open flame, or salamander type heating units is prohibited. Field Offices: Provide insulated, weather tight temporary offices of sufficient size to accommodate required office personnel at the Project site. Keep the office clean and orderly for use for small progress meetings. Storaqe and Fabrication Sheds: Install storage and fabrication sheds, sized, furnished and equipped to accommodate materials and equipment involved, including temporary utility service. Sheds may be open shelters or fully enclosed spaces within the building or elsewhere on the site. Sanitary facilities include temporary toilets, wash facilities and drinking water fixtures. Comply with regulations and health codes for the type, number, location, operation and maintenance of fixtures and facilities. Install where facilities will best service the Project's needs. Provide toilet tissue, paper towels, paper cups and similar disposable materials for each facility. Provide covered waste containers for used material. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. Use of pit-type privies will not be permitted. Wash Facilities: Install wash facilities with potable water at convenient locations for personnel involved in handling materials that require wash-up for a healthy and sanitary condition. Dispose of drainage properly. Supply cleaning compounds appropriate for each condition. Drinkino Water Facilities: Provide containerized tap-dispenser bottled-water type drinking water units, including paper supply. Dewaterinq Facilities and Drains: For temporary drainage and de-watering facilities and operations not directly associated with construction activities included under individual Sections, comply with dewatering requirements of applicable Division-2 Sections. Where feasible, utilize the same facilities. Maintain the site, excavations and construction free of water. Temporary Enclosures: Provide temporary enclosure for protection of construction in progress and completed, from exposure, foul weather, other construction operations and similar activities. Provide temporary enclosures where the permanent building is incomplete, heat is needed, and there is no other provision for containment of heat. Coordinate enclosure with ventilation and material drying or curing requirements to avoid dangerous conditions and effects. Page 01500- 6 TEMPORARY FACILITIES - 01500 Install tarpaulins securely, with incombustible wood framing and other materials. Close openings of 25 square feet or less with plywood or similar materials. Close openings through floor or roof decks and horizontal surfaces with load-bearing wood- framed construction. Where temporary wood or plywood enclosure exceeds 100 square feet in area, use UL-Iabeled fire-retardant treated material for framing and main sheathing. Temporary Lifts and Hoists: Provide facilities for hoisting materials and employees. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities. Proiect Identification and Temporary Sions: Proiect Identification Sions: Two signs were furnished under the Site Preparation bid package. Engage an experienced sign painter to revise the signs as required. Temporary Sions: Prepare signs to provide directional information to construction personnel and visitors. Temporary Exterior Liohtino: Install exterior yard and sign lights so that signs are visible when Work is being performed. Collection and Disposal of Waste: Collect waste from construction areas and elsewhere as required. Comply with requirements of NFPA 241 for removal of combustible waste material and debris. Enforce requirements strictly. Do not hold materials more than 7 days during normal weather or 3 days when the temperature is expected to rise above 80 deg F (27 deg C). Handle hazardous, dangerous, or unsanitary waste materials separately from other waste by containerizing properly. Dispose of material in a lawful manner. Stairs: Until permanent stairs are available, provide temporary stairs where ladders are not adequate. Cover finished permanent stairs with a protective covering of plywood or similar material so finishes will be undamaged at the time of acceptance. SECURITY AND PROTECTION FACILITIES INSTALLATION: Except for use of permanent fire protection as soon as available, do not change over from use of temporary security and protection facilities to permanent facilities until Substantial Completion, or longer as requested by the Design Consultant. Temporary Fire Protection: Until fire protection needs are supplied by permanent facilities, install and maintain temporary fire protection facilities of the types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 10 "Standard for Portable Fire Extinguishers," and NFPA 241 "Standard for Safeguarding Construction, Alterations and Demolition Operations." Locate fire extinguishers where convenient and effective for their intended purpose, but not less than one extinguisher on each floor at or near each usable stairwell. Store combustible materials in containers in fire-safe locations. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire protection facilities, stairways and other access routes for fighting fires. Prohibit smoking in hazardous fire exposure areas. Page 01500- 7 TEMPORARY FACILITIES - 01500 Provide supervision of welding operations, combustion type temporary heating units, and similar sources of fire ignition. Environmental Protection: Provide protection, operate temporary facilities and conduct construction in ways and by methods that comply with environmental regulations, and minimize the possibility that air, waterways and subsoil might be contaminated or polluted, or that other undesirable effects might result. Avoid use of tools and equipment which produce harmful noise. Restrict use of noise making tools and equipment to hours that will minimize complaints from persons or firms near the site. OPERATION. TERMINATION AND REMOVAL: Supervision: Enforce strict discipline in use of temporary facilities. Limit availability of temporary facilities to essential and intended uses to minimize waste and abuse. Maintenance: Maintain facilities in good operating condition until removal. Protect from damage by freezing temperatures and similar elements. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation and similar facilities on a 24-hour day basis where required to achieve indicated results and to avoid possibility of damage. Protection: Prevent water filled piping from freezing. Maintain markers for underground lines. Protect from damage during excavation operations. Termination and Removal: Unless the Owner requires that it be maintained longer, remove each temporary facility when the need has ended, or when replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with the temporary facility. Repair damaged Work, clean exposed surfaces and replace construction that cannot be satisfactorily repaired. Materials and facilities that constitute temporary facilities are property of the Contractor. The Owner reserves the right to take possession of Project identification signs. At Substantial Completion, clean and restore permanent facilities that have been used during the construction period to a condition equal to or better than existed upon commencement of Work. END OF SECTION 01500 Page 01500- 8 MATERIALS AND EQUIPMENT - 01600 SECTION 01600 - MATERIALS AND EQUIPMENT PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. SUMMARY: This Section specifies administrative and procedural requirements governing the Contractor's selection of products for use in the Project. The Contractor's Construction Schedule and the Schedule of Submittals are included under Section "Submittals." Standards: Refer to Section "Definitions and Standards" for applicability of industry standards to products specified. Administrative procedures for handling requests for substitutions made after award of the Contract are included under Section "Product Substitutions." DEFINITIONS: Definitions used in this Article are not intended to change the meaning of other terms used in the Contract Documents, such as "specialties," "systems," "structure," "finishes," "accessories," and similar terms. Such terms such are self-explanatory and have well recognized meanings in the construction industry. "Products" are items purchased for incorporation in the Work, whether purchased for the Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. "Named Products" are items identified by manufacturer's product name, including make or model designation, indicated in the manufacturer's published product literature, that is current as of the date of the Contract Documents. "Foreion Products", as distinguished from "domestic products," are items substantially manufactured (50 percent or more of value) outside of the United States and its possessions; or produced or supplied by entities substantially owned (more than 50 percent) by persons who are not citizens of nor living within the United States and its possessions. "Materials" are products that are substantially shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed, or installed to form a part of the Work. "Equipment", is a product with operational parts, whether motorized or manually operated, that requires service connections such as wiring or piping. Page 01600- 1 MATERIALS AND EQUIPMENT - 01600 QUALITY ASSURANCE: Source Limitations: To the fullest extent possible, provide products of the same kind, from a single source. When specified products are available only from sources that do not or cannot produce a quantity adequate to complete project requirements in a timely manner, consult with the Owner for a determination of the most important product qualities before proceeding. Qualities may include attributes relating to visual appearance, strength, durability, or compatibility. When a determination has been made, select products from sources that product products that possess these qualities, to the fullest extent possible. Compatibility of Options: When the Contractor is given the option of selecting between two or more products for use on the Project, the product selected shall be compatible with products previously selected, even if previously selected products were also options. Nameplates: Except for required labels and operating data, do not attach or imprint manufacturer's or producer's nameplates or trademarks on exposed surfaces of products which will be exposed to view in occupied spaces or on the exterior. Labels: Locate required product labels and stamps on a concealed surface or, where required for observation after installation, on an accessible surface that is not conspicuous. Equipment Nameplates: Provide a permanent nameplate on each item of service- connected or power-operated equipment. Locate on an easily accessible surface which is inconspicuous in occupied spaces. The nameplate shall contain the following information and other essential operating data: Name of product and manufacturer. Model and serial number. Capacity. Speed. Ratings. PRODUCT DELIVERY. STORAGE. AND HANDLING: Deliver, store and handle products in accordance with the manufacturer's recommendations, using means and methods that will prevent damage, deterioration and loss, including theft. Schedule delivery to minimize long-term storage at the site and to prevent overcrowding of construction spaces. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft and other losses. Deliver products to the site in the manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting and installing. Inspect products upon delivery to ensure compliance with the Contract Documents, and to ensure that products are undamaged and properly protected. Page 01600- 2 MATERIALS AND EQUIPMENT - 01600 Store products at the site in a manner that will facilitate inspection and measurement of quantity or counting of units. Store heavy materials away from the Project structure in a manner that will not endanger the supporting construction. Store products subject to damage by the elements above ground, under cover in a weather tight enclosure, with ventilation adequate to prevent condensation. Maintain temperature and humidity within range required by manufacturer's instructions. PART 2 - PRODUCTS PRODUCT SELECTION: General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise indicated, unused at the time of installation. Provide products complete with all accessories, trim, finish, safety guards and other devices and details needed for a complete installation and for the intended use and effect. Standard Products: Where available, provide standard products of types that have been produced and used successfully in similar situations on other projects. Product Selection Procedures: Product selection is governed by the Contract Documents and governing regulations, not by previous Project experience. Procedures governing product selection include the following: Proprietary Specification Requirements: Where only a single product or manufacturer is named, provide the product indicated. No substitutions will be permitted. Semi-proprietary Specification Requirements: Where two or more products or manufacturers are named, provide one of the products indicated. No substitutions will be permitted. Where products or manufacturers are specified by name, accompanied by the term "or equal," or "or approved" comply with the Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. Non-Proprietary Specifications: When the Specifications list products or manufacturers that are available and may be incorporated in the Work, but do not restrict the Contractor to use of these products only, the Contractor may propose any available product that complies with Contract requirements. Comply with Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. Performance Specification Requirements: Where Specifications require compliance with performance requirements, provide products that comply with these requirements, and are recommended by the manufacturer for the application indicated. General overall performance of a product is implied where the product is specified for a specific application. Page 01600- 3 MATERIALS AND EQUIPMENT - 01600 Manufacturer's recommendations may be contained in published product literature, or by the manufacturer's certification of performance. Compliance with Standards. Codes and Reoulations: Where the Specifications only require compliance with an imposed code, standard or regulation, select a product that complies with the standards, codes or regulations specified. Visual Matchino: Where Specifications require matching an established Sample, the Design Consultant's decision will be final on whether a proposed product matches satisfactorily. Where no product available within the specified category matches satisfactorily and also complies with other specified requirements, comply with provisions of the Contract Documents concerning "substitutions" for selection of a matching product in another product category, or for noncompliance with specified requirements. Visual Selection: Where specified product requirements include the phrase "...as selected from manufacturer's standard colors, patterns, textures..." or a similar phrase, select a product and manufacturer that complies with other specified requirements. The Design Consultant will select the color, pattern and texture from the product line selected. PART 3 - EXECUTION INSTALLATION OF PRODUCTS: Comply with manufacturer's instructions and recommendations for installation of products in the applications indicated. Anchor each product securely in place, accurately located and aligned with other Work. Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. END OF SECTION 01600 Page 01600- 4 PRODUCT SUBSTUTUTIONS - 01631 SECTION 01631 - PRODUCT SUBSTITUTIONS PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. SUMMARY: This Section specifies administrative and procedural requirements for handling requests for substitutions. The Contractor's Construction Schedule and the Schedule of Submittals are included under Section "Submittals." Standards: Refer to Section "Definitions and Standards" for applicability of industry standards to products specified. Procedural requirements governing the Contractor's selection of products and product options are included under Section "Materials and Equipment." DEFINITIONS: Definitions used in this Article are not intended to change or modify the meaning of other terms used in the Contract Documents. Substitutions: Requests for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor are considered requests for "substitutions." The following are not considered substitutions: Revisions to Contract Documents requested by the Owner or Design Consultant. Specified options of products and construction methods included in Contract Documents. The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities. SUBMITTALS: Substitution Request Submittal: Requests for substitution will be considered if received within 60 days after commencement of the Work. Requests received more than 60 days after commencement of the Work may be considered or rejected at the discretion of the Design Consultant. Submit 3 copies of each request for substitution for consideration. Submit requests in the form and in accordance with procedures required for Change Proposals. Identify the product, or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawings numbers. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: Page 01631- 1 PRODUCT SUBSTUTUTIONS - 01631 Product Data, including Drawings and descriptions of products, fabrication and installation procedures. Samples, where applicable or requested. A detailed comparison of significant qualities of the proposed substitution with those of the Work specified. Significant qualities may include elements such as size, weight, durability, performance and visual effect. Coordination information, including a list of changes or modifications needed for other parts of the Work and for construction performed by the Owner and separate Contractors, that will become necessary to accommodate the proposed substitution. A statement indicating the substitution's effect on the Contractor's Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time. Cost information, including a proposal of the net change, if any in the Contract Sum. Certification by the Contractor that the substitution proposed is equal-to or better in every significant respect to that required by the Contract Documents, and that it will perform adequately in the application indicated. Include the Contractor's waiver of rights to additional payment or time, that may subsequently become necessary because of the failure of the substitution to perform adequately. Desion Consultant's Action: Within one week of receipt of the request for substitution, the Design Consultant will request additional information or documentation necessary for evaluation of the request. Within 2 weeks of receipt of the request, or one week of receipt of the additional information or documentation, which ever is later, the Design Consultant will notify the contractor through the Owner of acceptance or rejection of the proposed substitution. If a decision on use of a proposed substitute cannot be made or obtained within the time allocated, use the product specified by name. Acceptance will be in the form of a Change Order. PART 2 - PRODUCTS SUBSTITUTIONS: Conditions: The Contractor's substitution request will be received and considered by the Design Consultant when one or more of the following conditions are satisfied, as determined by the Design Consultant; otherwise requests will be returned without action except to record noncompliance with these requirements. Extensive revisions to Contract Documents are not required. Proposed changes are in keeping with the general intent of Contract Documents. The request is timely, fully documented and properly submitted. The request is directly related to an "or equal" clause or similar language in the Contract Documents. Page 01631- 2 PRODUCT SUBSTUTUTIONS - 01631 The specified product or method of construction cannot be provided within the Contract Time. The request will not be considered if the product or method cannot be provided as a result of failure to pursue the Work promptly or coordinate activities properly. The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved. A substantial advantage is offered the Owner, in terms of cost, time, energy conservation or other considerations of merit, after deducting offsetting responsibilities the Owner may be required to bear. Additional responsibilities for the Owner may include additional compensation to the Design Consultant for redesign and evaluation services, increased cost of other construction by the Owner or separate Contractors, and similar considerations. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where the contractor certifies that the substitution will overcome the incompatibility. The specified product or method of construction cannot be coordinated with other materials, and where the Contractor certifies that the proposed substitution can be coordinated. The specified product or method of construction cannot provide a warranty required by the Contract documents and where the Contractor certifies that the proposed substitution provide the required warranty. The Contractor's submittal and Design Consultant's and Owner's acceptance of Shop Drawings, Product Data or Samples that relate to construction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. PART 3 - EXECUTION (Not Applicable). END OF SECTION 01631 Page 01631- 3 PROJECT CLOSEOUT - 01700 SECTION 01700 . PROJECT CLOSEOUT PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. SUMMARY: This Section specifies administrative and procedural requirements for project closeout, including but not limited to: Inspection procedures. Project record document submittal. Operating and maintenance manual submittal. Submittal of warranties. Final cleaning. Closeout requirements for specific construction activities are included in the appropriate Sections in Divisions-2 through - 16. SUBSTANTIAL COMPLETION: Preliminary Procedures: Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. Include supporting documents for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. If 100 percent completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the Work is not complete. Advise Owner of pending insurance change-over requirements. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications and similar documents. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities; include occupancy permits, operating certificates and similar releases. Submit record drawings, maintenance manuals, damage or settlement survey, property survey, and similar final record information. Deliver tools, spare parts, extra stock, and similar items. Page 01700- 1 PROJECT CLOSEOUT - 01700 Make final change-over of permanent locks and transmit keys to the Owner. Advise the Owner's personnel of change-over in security provisions. Complete start-up testing of systems, and instruction of the Owner's operating and maintenance personnel. Discontinue or change over and remove temporary facilities from the site, along with construction tools, mock-ups, and similar elements. Complete final clean up requirements, including touch-up painting. Touch-up and otherwise repair and restore marred exposed finishes. Inspection Procedures: On receipt of a request for inspection, the Design Consultant will either proceed with inspection or advise the Contractor of unfilled requirements. The Design Consultant will prepare the Certificate of Substantial Completion following inspection, or advise the Contractor of construction that must be completed or corrected before the certificate will be issued. The Design Consultant will repeat inspection when requested and assured that the Work has been substantially completed. Results of the completed inspection will form the basis of requirements for final acceptance. FINAL ACCEPTANCE: Preliminarv Procedures: Before requesting final inspection for certification of final acceptance and final payment, complete the following. List exceptions in the request. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. Submit an updated final statement, accounting for final additional changes to the Contract Sum. Submit a certified copy of the Design Consultant's final inspection list of items to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, and the list has been endorsed and dated by the Design Consultant. Submit consent of surety to final payment. Submit a final liquidated damages settlement statement. Submit evidence of final, continuing insurance coverage complying with insurance requirements. Reinspection Procedure: The Design Consultant will reinspect the Work upon receipt of notice that the Work, including inspection list items from earlier inspections, has been completed, except items whose completion has been delayed because of circumstances acceptable to the Design Consultant. Upon completion of reinspection, the Design Consultant will prepare a certificate of final acceptance, or advice the Contractor of Work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. Page 01700- 2 PROJECT CLOSEOUT - 01700 If necessary, reinspection will be repeated, at the Contractor's expense, by issuance of a deduct Change Order covering the Design Consultant's additional cost. RECORD DOCUMENT SUBMITTALS: General: Do not use record documents for construction purposes; protect from deterioration and loss in a secure, fire-resistive location; provide access to record documents for the Design Consultant's reference during normal working hours. Record Drawinos: Maintain a clean, undamaged set of blue or black line white-prints of Contract Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark whichever drawing is most capable of showing conditions fully and accurately; where Shop Drawings are used, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. Mark record sets with red erasable pencil; use other colors to distinguish between variations in separate categories of the Work. Mark new information that is important to the Owner, but was not shown on Contract Drawings or Shop Drawings. Note related Change Order numbers where applicable. Prior to completion of the work, the Contractor shall transfer all record drawings to permanent reproducible mylar transparencies. Changes and information shall be neatly and clearly drawn and described and shown technically correct. All costs associated with the record drawings, including the mylar transparencies shall be borne by the Contractor. The Design Consultant and his consultants will make their original tracings available to the Contractor for production of mylars. Contractor shall submit the record drawings (actual marked-up blue-line prints and the new marked-up mylars) to the Design Consultant for review and shall make such revisions or corrections as may be necessary for the drawings to be a true, complete and accurate record of the work. After final corrections are complete submit prints and mylars to the Owner for their records. Record Specifications: Maintain one complete copy of the Project Manual, including addenda, and one copy of other written construction documents such as Change Orders and modifications issued in printed form during construction. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. Give particular attention to substitutions, selection of options and similar information on elements that are concealed or cannot otherwise be readily discerned later by direct observation. Note related record drawing information and Product Data. Upon completion of the Work, submit record Specifications to the Owner for their records. Record Product Data: Maintain one copy of each Product Data submittal. Mark these documents to show significant variations in the actual Work performed in comparison with information submitted. Include variations in products delivered to the site, and from the manufacturer's installation instructions and recommendations. Give particular attention to concealed products and portions of the Work which cannot otherwise be readily discerned later Page 01700- 3 PROJECT CLOSEOUT - 01700 by direct observation. Note related Change Orders and mark-up of record drawings and Specifications. Upon completion of mark-up, submit complete set of record Product Data to the Owner for their records. Record Sample Submitted: Immediately prior to the date or dates of Substantial Completion, the Contractor will meet at the site with the Owner's personnel to determine which of the submitted Samples have been maintained during progress of the Work are to be transmitted to the Owner for record purposes. Comply with delivery to the Owner's Sample storage area. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record-keeping and submittals in connection with actual performance of the Work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Owner for their records. Maintenance Manuals: General: Organize operating and maintenance data into suitable sets of manageable size. Bind properly indexed data in individual heavy-duty 2-inch, 3-ring vinyl-covered binders, with pocket folders for folded sheet information. Mark appropriate identification on front and spine of each binder. Manuals shall be prepared as follows: Product Data: Product data shall contain detailed information, where applicable, relative to the following: Routine and preventative maintenance instruction, including a schedule of recommended checks. Safety precautions and safety features. Include only sheet pertinent to specific product. Annotate each sheet to: Clearly identify specific product or part installed. Clearly identify data applicable to installation. Supplement product/installation data with written text: Organize in consistent format under separate headings for different procedures. Provide logical sequence of installations for each procedure. Warranties. Bonds and Service Contracts: Copy of each warranty, bond and service contract issued, signed over to the Owner and exercisable by Owner. Provide information sheet for Owner's personnel indicating: Proper procedures in event of failure. Instances which might affect validity of warranties and bonds. Instructions and recommendations for repair of finish. Submittals: Submit two (2) copies/preliminary drafts of proposed formats and outlines of contents. Design Consultant will review and return with comments. Page 01700- 4 PROJECT CLOSEOUT - 01700 Submit one (1) copy of completed data in final form fifteen (15) days prior to final inspection or acceptance. After final inspection or acceptance, copy will be returned with accompanying comments. Make corrections based on copy returned after final inspection or acceptance and submit specified number of copies of approved data in final form ten (10) days after final inspection or acceptance. The Design Consultant will be the sole judge of the completeness of the manual. After receipt of the Design. Consultant's approval, the Contractor shall prepare and transmit to the Design Consultant three (3) final copies of each of the above manuals not later than thirty (30) days following the receipt of the Design Consultant's approval. PART 2 - PRODUCTS (Not Applicable). PART 3 - EXECUTION FINAL CLEANING: Cleanino: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, commercial building cleaning and maintenance program. Comply with manufacturer's instructions. Complete the following cleaning operations before requesting inspection for Certification of Substantial Completion. Remove labels that are not permanent labels. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compound and other substances that are noticeable vision-obscuring materials. Replace chipped or broken glass and other damaged transparent materials. Clean exposed exterior and interior hard-surfaced finishes to a dust-free condition, free of stains, films and similar foreign substances. Restore reflective surfaces to their original reflective condition. Clean the site, including landscaped areas, of rubbish, litter and foreign substances. Sweep paved areas broom clean; remove stains, spills and other foreign deposits. Removal of Protection: Remove temporary protection and facilities installed for protection of the Work during construction. Compliance: Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not discharge volatile, harmful or dangerous materials into drainage systems. Remove waste materials from the site and dispose of in a lawful manner. Where extra materials of value remaining after completion of associated Work have become the Owner's property, arrange for disposition of these materials as directed. END OF SECTION 01700 Page 01700- 5 WARRANTIES AND BONDS - 01740 SECTION 01740 - WARRANTIES AND BONDS PART 1 - GENERAL RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. SUMMARY: This Section specifies general administrative and procedural requirements for warranties and bonds required by the Contract Documents, including manufacturers standard warranties on products and special warranties. Refer to the General Conditions for terms of the Contractor's special warranty of workmanship and materials. General closeout requirements are included in Section "Project Closeout." Specific requirements for warranties for the Work and products and installation that are specified to be warranted, are included in the individual Sections of Divisions-2 through -16. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the Work that incorporates the products, nor does it relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. DEFINITIONS: Standard Product Warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the Owner. Special Warranties are written warranties required by or incorporated in the Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for the Owner. WARRANTY REQUIREMENTS: Related Damaqes and Losses: When correcting warranted Work that has failed, remove and replace other Work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted Work. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated Page 01740- 1 WARRANTIES AND BONDS - 01740 warranty shall be equal to the original warranty with an equitable adjustment for depreciation. Minimum period shall be 6 months after corrective work is completed. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of its anticipated useful service life. Owner's Recourse: Written warranties made to the Owner are in addition to implied warranties, and shall not limit the duties, obligations, right and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other duties, obligations, rights, or remedies. Reiection of Warranties: The Owner reserves the right to reject warranties and to limit selections to products with warranties not in conflict with requirements of the Contract Documents. The Owner reserves the right to refuse to accept Work for the Project where a special warranty, certification, or similar commitment is required on such Work or part of the Work, until evidence is presented that entities required to countersign such commitments are willing to do so. SUBMITTALS: Submit written warranties to the Design Consultant prior to the date certified for Substantial Completion. If the Design Consultant's Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of the Design Consultant. When a designated portion of the Work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Design Consultant within fifteen days of completion of that designated portion of the Work. When a special warranty is required to be executed by the Contractor, or the Contractor and a subcontractor, supplier or manufacturer, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Design Consultant for approval prior to final execution. Refer to individual Sections of Divisions-2 through -16 for specific content requirements, and particular requirements for submittal of special warranties. Form of Submittal: At Final Completion compile two copies of each required warranty and bond properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. Bind warranties and bonds in heavy-duty, commercial quality, durable 3-ring vinyl covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8- 1/2" by 11" paper. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the Page 01740- 2 ~ WARRANTIES AND BONDS - 01740 product or installation, including the name of the product, and the name, address and telephone number of the installer. Identify each binder on the front and the spine with the typed or printed title "WARRANTIES AND BONDS," the Project title or name, and the name of the Contractor. ' When operating and maintenance manuals are required for warranted construction, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. PART 2 - PRODUCTS (Not Applicable). PART 3 - EXECUTION (Not Applicable). END OF SECTION 01740 END OF DIVISION ONE - GENERAL REQUIREMENTS Page 01740- 3 ~