HomeMy WebLinkAboutCONTRACT WITH ALLEN-BACHELOR FOR RENOVATIONS TO CUSTOMER SERVICES METERING DIV BLDG .`r f
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CONTRACT DOCUMENTS AND SPECIFICATIONS
- FOR
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Augusta, Georgia
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� Prepared for
� Augusta-Richmond County Commission
Tom Wiedmeier
— � , Director, Augusta Utilities Department
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� Augusta Utilities Department
360 Bay Street
Suite 180
Augusta, Georgia
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TABLE OF CONTENTS
SECTION TITLE NUMSEx OF
PAGES
IB Instructions to Bidders NA
P Proposal Form Incl. Allen+Batchelor Proposal Document 63
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� BB Bid Bond NA
� A Agreement 4
N/A Notice of Award 2
NP Notice to Proceed 1
� CO Change Order 1
� PB Performance and Payment Bonds 5
� GC General Conditions 53
_ SGC Supplemental General Conditions 1
SC-0 Index to Special Conditions 0
� SC Special Conditions 0
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� TS-0 Index to Technical Specifications (Scope of Work/Clari fl 0
TS Technical Specifications (Scope of Work/Clarifications) 0
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SECTION P
� PROPOSAL
DATE: %� ,'� ( f � '�' � '�-t .�� '���'� � �
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Gentlemen:
In compliance with you invitation for bids, the undersigned hereby proposes to furnish all labor,
equipment and materials, and perform all work for the project referred to herein as:
Customer Setvices Division Building Renovations Project
� In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid
schedule attached hereto and totaling:
�
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— and /100 dollars ( ).
The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days
of receipt of such notice execute a formal contract agreement with the Owner, and that he will provide
� the bond or guarantees required by the contract documents.
T'he undersigned hereby agrees that, if awarded the contract, he will commence the work within
� Ten (10) calendar days after the date of written notice to proceed, and that he will complete the work
� within Ninety(90) calendar days after the date of such notice.
The undersigned acknowledges receipt of the following addenda:
_ Addendum No. Addendum Date
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Enclosed is a bid guarantee consisting of in the
amount of
Respectfully Submitted,
Firm
�
Address
BY:
— TTTLE:
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,
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� ALLEN+BATCHELOit
` C O N S T R U C T I O N
� June 22, 201 1
Mr. Joe Holfand
A U ustaUfilitiesDe =os3 FRANKE INDUSTRIAL DRIVE
9 /- AUGUSTA, GA gogog
360 Bay Street SU II@ � HO P H: 9 0 6. 8 6 8. 6 5 3 4
FX:�o6.868.6033
AUgUStq� GA 30901 �.�ienbat�eior.�om
,
' Re: P�oposa/ for Const�uction
� AUD Cusfome� Service Division Building Renovation
�i
� Dear Mr. Holland,
We have revised ourproposal as you instructed in our meeting of 6/20/11. Please find
attached our revised detailed cost estimate, clarifications/assumptions as well as key -
subcontractor/vendo.r quotes. Changes from the previous proposal are:
� 1. Inclusion of a 100% Performance and Pa ment Bond
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�' 2. Inclusion of a temporary toilet -':
3. Deletion of allowance: items, which have been rep.laced with detailed descriptions of
: the scope of work. �
4 . Delefion of testing services as it is our understanding the ciiy has a contract with
— CSRA for those` services. '
� 5. Deletion of appliance allowance as it is our understanding that the city will purchase
�
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those items directly. .
' 6. Inclusion of a 10% whole project contingency which equates to $10 �,080.00. See
attached estimate for further,detail. .
•` 7. Deleti.on of liquid asphalt pricing allowance as this is covered in #he above. :
� 8. Correction of previous, Qiv. 15- Fire `Sprinkler "exclude" to read "includs".
° �' Therefore, we propose to provide all labor, materials, equipment, insurances, permits and fees
to complete the above referenced project for the lu'mp sum cost of ONE MILLION ONE
— HUNDRED SEUENTY THREE THOUSAND THIRTY TWO Dollars and 00/100 '
($1;173,032.00�:
� We hope that we interpreted your instruction correctly and that this revised proposal meets
� with your approval. As always, should you have any questions, comments or instruction
regarding this information please do not he§itate to contqct us. Thank you for tlie opportunity
E to be of service and we look forward to hearing from you. .
g Si` erel
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� June 22, 2011
Page 1 of 4
COST EST/MATE CLAR/F/CAl/ONS
AUD Metering
Div. 1- General Conditions
� a. Scope of work is based on plans by Godefroy Engineering dated 8/4/10 sheets
C-0, G1, G2, C-3, C-4, G5, C-6, C-7, C-$, C-9, C-10, plans by Christopher
Booker and Associates, PC dated 8/4/l 0 sheets A1.0, A2.0, A2.1, A2.2, A3.0,
A4.0, A5.0, A6.0, A6.1,,47.0 and the attached listing af clarifications with
referenced and attached subcontrac#or/�endor quotes. Shou[d any discrepancy
exist between the clarifications with attachments and the plans by Godefroy
and/or Booker, the clarifications shall control.
b. We include full time jobsite supervision to insure quality, proper construction
�. coordination and cooperation with your personnel.
c. We exclude costs for temporary office, electricity and water. We assume it is
� acceptable to use the building including the existing water, gas and electrical
�, power. We do include cost for a temporary toilet and the superintendants cell
telephone.
c. We include cost for ongoing and final cleanup including all waste hauling and
related dump fees.
e. We include cost for the building permits.
� f. We include cost for builder's risk and generai liability ir�sur�nce. Please advise of
any additional insurance coverage requirements.
� g. We include a 100% perform�nc� and payment bond.
� h. We include cost far Civii, Architec#ural, 5truc�ural, lvlecha�ica�, Plumbing ar�'
El�ctrieal design �ay regist�rec� prcfessio�a! �ngineers/crc�ifects. `�!e c!o ��at
include any interior design fees.
Div 2- Sitework
� c�. We include all site improvements as indica�ed per the plans by Godefroy
� Engineering as outlined above and as described per quofe from SifeMaster, copy
attached.
� b. 1Ne include cost for 14 each 3" caiiper Live �aks or afher approved tree
including irrigation system to accommodate as is required per sheet C2. No other
landscaping work is induded.
c. We assume that excavated earth wil) be acceptable for use as suitable fill. We
specifically exclude any rock removal, haul-in/out, unsuitable soils and/or de-
wateri ng. .
d. We include cost for a 30"tall x 60"long x l 6"wide masonry sign base with
� concrete foundation with aluminum panel attached each side with vinyl letters
reading "Augusta Utility Department Mefiering Division".
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e. We exclude cost for earthwork, concrete or other testing by 3 party testing
company. It is our understanding that AUD will provide those serrices at no cost to
contractor.
f. We have included cost for a new 3" domestic water service without the meter. We
assume the City will provide the new meter for no cost to us.
g. We include a downspout drains at the rear of the building only where the water
has rutted the earth badly.
� h. We include cost to improve the parking lot slope at the entrance gate. However
we have not included adequate cost to provide additional storm piping which
could be necessary with dramatic grade changes.
i. We include fencing as per attached quote from Mc�ner.
j. We include cost to seal coat and restripe all of the existing asphalt paving as is
recommended per Property Condition Assessment by Godefroy Engineering.
k. We have excluded any liquid asphalt allowance to accommodate for potential
price escalations. Quote is based on liquid asphalt price as of 5/18/11.
� I. We exclude any SESC testing as it is our understanding that AUD will provide
� these services free of charge to the contractor.
� Div: 3- Concrete
a. We include a 4" thick concrete foundation with 12" turn downs at the perimeter far
the out�ide storage building.
� Div. 4- Masonrv ,
a. We include cleaning, tuck pointing and waterproofing of the existing split faced
� block on the building.
�
Civ. 5- Metals
a. We have included the mezza�ine secand �laar as ir�dicated per the plans with
stairs and railings as per the plans.
b. We include a new entrance railing as per fihe plans.
� Di . 6-
. v Wood and P{astics
a. We include all cabinetry as shown per sheet A4.0 by CB Architects dated
� �/4/ 10 and as described per quote trom james Cabinets, copy attached.
b. We inciude in-wall backup blocking for toilet partitions, toilet accessories and
cabinets as is required.
c. We include wood trims at new windows only. Wood to be paint grade pine.
Div. 7- Thermal & Moisture
a. We include cost to repair one roof leak over the existing sink adjacent to the
men's bath noticed in our meeting the AUD personnel at the building on 4/28/1 1.
� No other roof repairs cost are included.
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� b. We include condensate control iype batt insvlations at the new storage building.
c. We include pa.tching of exterior wall panels at the right side elevation as is
required.
d. We include other building insulations as outlined per quote from GA Drywall,
copy attached.
�
� Div. 8- Doors and Windows
� a. We include al! new doors as 1 3/4" x 7'-0 in welded steel frames.
b. We include ail new and existing interior swing door hardware as ANSI Grade 2
US26D finished Cylindrical Lever sets with either privacy, passage or lockset
operation. Hinges on new doors to be 4'/2" ball bearing standard weight. Hinges
on existing doors to be reused.
Div. 9- Finishes
a. Painting included as per quote from Davis Pcsinting, copy attached.
� b. Fiber/cement siding to receive fiwo coats field applied of acrylic paint.
ce Flooring included as per plans and quote from Merit flooring, copy attached.
d. Acoustical ceilings included as per plans and quote from GA Drywall.
Div. 10- S�ecialties
a. We include toilet paper holders, grab bars and framed mirrors at the baths.
b. We include 6 each ABC 10# fire extinguishers ar�d 4 eqeh fire extirguisher
cabinets.
� c. We do not includ� any mgtal iockers.
d. We include new plastic laminate toilet partitions
�
� �iv. 1 1- Equipment
4. wQ i+n�IV4G \All� I�E�II 4��II�.i�\rG`rJ.
Div. 12- Furnishinas
a. We include furnishings as per quote from Modern Business, copy attached.
� biv. 13- S '
. pecial Construction
� a. We include cost for the pre-engineered storage building.
b. No otFer work included.
Div. 14- Conve�ing Systems
a. No work induded.
� Div. 15-Plumbina & Mechanica)
� a. We include plumbing as per plans and quote from Coleman.
� b. We include HVAC as per plans and quote from Southern MechanicaL
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� c. We have included cost to perform very minor repairs to the existing HVAC
equipment.
Div. 15- Fire Sprinkler
a. We include fire protection sprinkler system as per attached quote from Augusta
� Fire Protection.
�
� Div. 16- Electrical
a. VJe have includea eiectrical as per plans and quote from RL'V�fiiey, copy attached.
b. We have included cost for new exterior security lighting as follows:
e b each 30'-� direct buried fiberglass light poles with double headed
shoebox s#yle fixtures
� 5 each wall pack lighting fixtures mounted to the exterior face of the
existing building
c. We have included a Generator and UPS startup and check but no repairs.
� d. We have included security system as per quote from M/R Sysfems, copy attached.
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' June 22, 201 1
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03/17I2011 18:27 FAY, 7d643425Z0 MA�ER � 002/003
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au�r�r�ow F�R�
1�9A�OER BUILDERS� �UPPL�Y CCiMRANY '
- �ence ��tes
3717 Wxs6io�,tun Road P.O. Box x04598 Augusts, Gcocgis 30407 _
, To: Allen-$�tchetOr Uatk: U5I17/11
° Attn: dohn Quoted By: C�ris Davis
� Ref: August� U 't�titiea
Fax: 70f}865-6033 P'h�e 7��-��37f7
�
�'tanish a�d inst$�� approx SD� lf ofb' ta11, galva,niz�d cS�.�in link fence with tl�r�e
° straz►ds af barbwire to matc�i existing fe�ce. Tak� da�wn ane 20' daub�e swing �e �C
a�stal� �a.� new �Q' c�tile�r p�pe g�be �ua� �cor 8c �e � 5' w+ide si.ngle swing
g�ate p�r drawiz� C-2 .
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� 'T��al �'e�ar� � G�tes: S 9,�?4.00
'���1 �Dg�ftor p��k�tge: � 6.'9�,110 ;
� '!'� i�s#�l�ed: � 1G � -
� �" ���e ope��ar qua�� ���t farr p��is� i�n�s inc�ea�d�x*� ;;
`�ake davcm �4U flf �f exissin� r�ais� Xi�k fe�c� a� � 3.00 ge� 1� .:,
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• � ��C�,USICl1�t5: ��nds, core c�flixig, cl��.g, �Cadifl� tataade�' ���uad utibn�a�s `'' �
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T�rrrns are net ttairiy days with appAOVed credit appliG�tiQZ�: G;;
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This Quo#�.ti� g�od for 34 days uutess oth�cvai�e i�di�at�. ;;; .
'VV� do saat accept ��sp�n�i�fDity for da�ayed �i��ments ar delivez�es t+cr�s.i�n�d b� `�
strsk�s, f�res, ac�cid�nt�, � dela�+s � c�a�c�� �arii�rs ar otih� cau�s �eya�d. o�ar ��
$ ct. n
COriVUI dflC�0�iA1g d�l�S i.IL f�1VlI1� �Ql�$�llSLS b1' p81�3 O�tA1Q� tTdf]1 �'lXt51C�@ t�t[T1eP�. ;;
All signed quotes ar� legal a�d l�ieidi�►g c�antracts, (;;;
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� � ACCEPTANCE: Iv��er �caild� Suppfly �; ;r
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05/17/2011 13:27 FAx 7064342�20 MANER � q43/003
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� Fer�ce � Speci�ZtiES �
� Access Cankrol Division
� 3$01 M.�rtine7 �lvd. Au st Ga. 34907 hone 706 43437$�
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� Date-5-17-11
Praiect na�n�- Augusta Utilities- wylds Ra�d facpli�y
Attn-
- 1�Ve will nX�vide ��� r�bmr aaad ema��ri«l .for the f��l��•n�;
���(1�- �offi�aer�cisl gt•�d�, stgde g�#� �pe�`�to�' p��i.$ge.
F P�cka�e includes:
- Oue(1)- Doorkira,g 9310, 1IQVAC,1bp siide gate ope��tor,
� Une(1� Guosenecl€ ��a�ntnn.g s��nd f�nr cardread�r,
��e(X)- Uoorkir�g �520 c�r�re�derJ eu�tr�ll�r,
One(1)- 5(1li c$p�efiy me�n�ary c�ip,
Oa�1� Pk�utocell sa��ety d�vviee,
C1ne(1)- "Free-exit/ 3�fety" ��eha�le de#ectio� la��p
�n�(1)- "Safety�" v�hicle d�tec�ian �aa�p,
Three h�.ndred(30t�)- p���ffiity c�rds for read�r, . ���
L�bor �ndl 1Vl�terials ta i�st��l. �
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Tao�ai far d�b�r a�� ffia�eci�l� �me i�s���fl e�a� � t: �6 9�3.04 �
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4 A.a��i�i���l pr��.�m�.y c�rds c�� be �urcbm�ed fmr �3.8 E.A�.�f.
**All �a�terial li�t�d �bav� rne�s and�exe�ed.s �lfl �J� �2� g��vet���t�l s�f��
� ��andards.
� �A,t1 power wires (+1ZOv), eonduit, &�ny otHer eoatrol wiring, �rom�t be proWided by t9�e cust�mer, �& ins��l6ed by
� li�ensed electrician prir�r to beginnimg 8c9y 6cesta91at6om. Afi pmr�s as re�s�rded mXe wara�eated gs per
u manuf�eturer speei�ications. The labor ciiarge as recarded here relative to tl►e equipmemt ser�iced es not�d, is
guaran4eed Por 3 mont�a by Msner �aitders Supply �o.
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Tleta�k y�u for coa�se�eP�tag� ,Nl��a�� I�u�dd�rs Suppt,y �'� - �--•
�` far yaur Acc�s� �"�rrtrol needsl �.ance K. Joh son
Access G�ntral Supe��m
T�I�S:100°!m oa fa or a vaud M[�n�r ch�s e ae�.
I have tbe authority ta orde� tdte �bove work and da so order as outl�ned abava I agree to pap V{aner Snilders
Supp(y Co. t6c total amonnt dug OP this contsac3 �ccprdan� to ff�e t0rms Speeifeed abdv�.
1�.��e�D��d k1y: "�'i�ic: T�ate: / �_
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{70b) 8l�8-0 ! I�0 �"�s� (�Qb� 8���� � O 1 .
D�te; May l, 8, �01 l
� Submitt+�d To: Ft�oXectll,acatioa:
� lUturp�a�y $mthe�c�s Consfiruct�on: ,A,tJD Ut�Iiti�s Cu�t�yner �e�ces Division.
�.cJ. Bt�x ��9 183.� W�tds �.a�ad
`' A.�►Pling, ��or�ia 3t�802 A.u.�asta, +Ge�r�ia 3d?909
I�ef�rence D�r�rw�.a��s:
Prelimin�y Sit� DPa.win,gs b�r Gad��'roy ��.�'arieeri�.� d�t�d Ju�e 30, �O1D �d Iast r�vvi.see�
r�n A.u�gust 4, �ti�.D oonsisting �£eleven s����;s Sp�G111C�,t3Q�S �,d'� 11i17Yt�d t0'��5� �15t�CI
i On th,� dZ'aVt+im�s Ozo1.�l
� S�.Y"lEMCA�TEI�, �ri1C. ms p�e��� � ��d'�r �'�� y�ur ���as�o���`�tio�, the ��il�v�iaa� �
prapa���l i�r w�urk d����ib� �e��x� �n �� �i��v� ����ed gr����. Items �at�t
�pe�ffc�},!y ��$�� ea th�s �ro�r�p�9�I �re �ot iu��lud�d ��d ��ep a���s �radle�� exet��g���
�.ncl�u�led �re �rovtd�d anl�► �;� c�.� �ri�"ac.���n �.f tk�� pru�����.
1'��. I#e�
�. ���,� �o►ra��za�v�: � �,�ov.aa �'.
� L�y��t d� e�,�i�.�erir��, r.�v��lizat�o�
�. CL�,�I�1ts �& Ti3EA�C�L�'�'I(�l�': � $,�5�.04 �
]Remo�e �i d�s�ose �f indica��d ���r�a p�� a�: �t�c��pt��
�,e�t�ve � d��pos� oft���s � h�ush a�-s�t� as requi�d
Sava �tzt all tie-irr ��es
�. �(�II., �&��}�iC�.t�3 � SEDI��'T' C+(7NI'ROL: � �,�30�.0�1 '�'
� I�.ts�l� cc�.s#�ucfia� autlet �,a�.c� imdicat�l silt f�.ce
� I�s��I in��� pxote�tit�n, rip-rap sp�eaders �ttd r�r��it
Install cortastnacta�t� gr�sl� erc�sivn c��t#ra�l ,gr�ssin�
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4. S'I'(�R�.Vi iyJ,A�ER SY"�TEI'�: S�3,1�����
�
ins�,i� stveyn w�,ter syst�m a�s x�dic���d e��. dr��.g�
5. SIT� CRt�L�:[T`TC�: � � 21,7��.�� �°'
S�nip a�.d ��-sp�r�.d �xis�izag ta�pso� a��y �
Cut c4� f�I] to pzdYp�s�d sub�grades x�aciudir�g haa�i-�it� �ill
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d. C(�?�Ck�'�'E CURB: � S,�l.pQi �
Ia�s�a.Il concr�te headex curb � sh�wwa�
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7. �S�'HAL7 PA.V�NCr: $ 57,2ti0.0U �
Install as�h�lt pa*�ing (g +�" E-Mix) �t designated. �a
� Appl� p�aint�d lst�es and �if.�.y vne concxet� whe�l stops
*Add � �,55�.00 to seal-co�� & re-stripe e�istfng ��p�halt �aa�i��E
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8. SAr1r['�tY SEw.�,R S*rS�M: � �x,�4� '�
Inst�ll sanitaxy sewEr ixz+pxovements as s�aoj�m o� pl.�ns incl,�t6aing
clearing of �easem�nt
- '��0'�t�,L PF.�C� � 1'79,�,�3,�0
(One �undred �eventy 1Virze Thausar�d �ne Hundred and Si.xty Tbr�e I7ol�a�rs}
� *�'a�ria� r��e is b��ed c�n +e�a�re�mt i' `.�Aa� '�re� i thas e�i�� t�
� P LS��.a�l��-�!�� Y an �� � �p
� l�quid �s�ira�t �.t tim� �f p��ce�+��mt wiIl b� ca�cnlst�d per �pp��ved u�i� d�siign ��td
�cid�d t� tlhe t+�t�� �mtr�a�t pri�e �s � c��nge o�rd.er: Th� �iq�id �sp���� gnd�� used. to
c�l�tai��e this p�ice ch��ar�e is b��ed oa tl�� �eargi$ �►[}I' in�.�� �c�ess�ble �t t��x�
t �v�bffie�e: ww,d.a�«s�.b�.��.t�sfdo'a� b��i�e� ����ri�.e�!„� ������t��na���.��
� l�fio�es +� ��c�ut��c��s: �
1. No perm.i#�, �eea� o� te�ng.
' 2. �to r�aa���►a�, repl��ea�ae�� �� ����d���n �� ��a�i�bl� ��a��.
� f ,3. �To loc����n, �et���i�m a� rem��v�� �f nnd���r��n� aa�.�a�i�� �r ����a�a�.��c
� � '' unl+�s� speci��ll;y n��ed �b�v� i� ia��).�de�. -- �u; �"�,.. .,,�b� �..3�;, ;;5�,�,
y'` 4, I,�y�u� l���eerx�ag �,g fa�' a�ar a��� a�n�►.
.:- 5. I�To� d�w�te�i�g of ��� as inc.#�deci.
�� d. Na rem���� vr b��s�g �f r��� +�r ��tmd �e�ss tis a��lud.�d. .
7. 1"�� c�� i�aa�€ �� r��iav�1, i�ss��l��i��e m� re��.���a B� ��u�luded.
�. .l�do� r�ea�ovai �� dis�s�l mf s��y �s�t��i�.l d��a'mea��d �� b� ����d �� ��a°d�aa�s
w��t�. �t i� the �uu�! re���sib�Iity �� th� o�vaie� or get�e�� �om�tr�.e�t��t ta�
d�er�aaa� �f ��y ���d �r @��zardoa�a �a�s�� i� �����.
4 �. �T� s�fll ���a����,�� s��d �� �����gr ��y+er u�d�r �u�.d�a�� �8�� �� imel����.
� �.0� 1"�� r�f�iania�� wa9�, s���� �r h��d b���'i�.ti�.�.� �ff �a�sa� i� �s�ci�ad�dl.
�.I.1�Ta ena.p�d�t �r s�ree�a�� c����p��el, ������p��, a�r������ ��° #�e� ��'a��ctaa�m� ��
� an�ludled. �aras�g�e� as c����n��� gr�dle er�+�sa�n �Qmtr�� ���an� ��tdy.
-� X2 . �4+ �P�1�;+',�y R1Q��111��1`dlf�� ��' �A�4'�94��i1g@� 1� l��B�t��� -
f' 13. Na das����l �f ��teri�l� ��m�rat�d � ��� �v�r]� �ff �a���rs.
14. N� dowa�s�ae��, b��#� ar ��m�' d�ae�� �re ���D�+��d,
This �rnposul rnnp be wr.thdtawra by tui if �,ar acceptcd withia 30 dnys. 7ixc gric�s qua;e�{ gbmve apply c�aly to the work as it is
° dcacrilyeed cm tYee rcFerenac� dra a. An chea ta thesc rcferenncd larns or s ocGce[ions sha�� ro�utt in vcri?enQ ,. _ �';i�
� �• Y B'�n feCe P Pe � ..� ��:�fcMs � a
[x'OpL*ss1 tlrid etIfow i'ar ��!+:,i.ir.g ,.��, �.t'�e ��w r�ryuir�enis.
� � Payment is agrced to be msde f+�r 4�as worfc or ntr�ypert lhcro�n that ie c�implcted wifhir� tkirEy days af receipt af inv�ic�c.
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l� 1�'�" i i.�.. �Y � �"x
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May 18 2011 4:06PM HP LR5ERJET FRXHORDMRNN 7067369666 page 1
� NaRDMANN COnTRA.C'TING, INC PRUP�SAL
P.O. Box 16103
� Augusta, Gear,gia 309I9
� Telephone: (706} 733-7285 Date: May 18, 2011
To: Allen-Batchelar Construction Job: AUD customer Service
1063 Franke Ia�dustrial Drive Wylds Road
Augusta, Georgia 30944 Augusta, Gevrgia
ATTN: John Allen Site Work
� FAX: (7f}6) E68-6033
� PdOILDMA'�1N CO�NTI2.ACTING, INC., hereinafiter refereed ta as NCI, agrees to furnish alf labor, materials,
to ols, and equiptnent reqnired tn pravide, install, and c�mplete the items of work set farth below in accordance
� with the plans and specificarians far the above mentirnned job: .
Se� at��ched bid schedule (page 2 af 2)
L�T,IW�P' �TJl� TO'Y'AL � 197,450,00
� Add 3" water service . � 22,615.00
�
�
� N�tes:
■ This is a lunnp stim bid �d i�cludes only the �tems sch�d�.Ied an p�g� ? of 2.
■ Tl1e fol9awing ite�s are excluded:
1. �t�zzm. 'V��ter Ndor�it�ruxg
2. Permanent grass and landscapi�.g
3. F�nce instal9atinn or regnavai.
�. �emoval and repiacernent of aaana�s�aita�le sQils
� ■ NCI is not r�spoaasi��e f�r damage to our wa�rl� caused by other�.
e(ra�.str��c�aon ��aldr� is iaiclazded far c►ur wark only.
� � C��argia� U�ilat� Cantractors License �# �.JC 300175.
Terrnds: M���ly estiana�.e�, less tea per ce�t (10%) retaix�age.
� This proposa.l exp�res thirty (3 4} days fi the date her�on, bt�t may be accepted at any la�er date at the sole
optian of NCI.
� l�iC1RDMANN CONTd�.ACT�dG, ING.
�
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----•.
Pairick 3. , rdmann
� President
� Page 1 of2
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JAMES CABINET SHOP, INC. ;
1993JAMESTOWN pOAD �
MATTHEWS, GA 3U818 �
� �0) 706 567 2756
(f� 706 547 9563
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PROPOSAL: _ ��
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TO: Allen Batchelor FROM: JAM6 CABINET SHOP il �
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IOB: Augusb Lttliltles DATE: 4/1)/2017 �� ;
COMMENTS: �I i
This quote allows for obinets built Der plans and specs far the spedfied �oh. All cahinets wiil i
,� have laminated eKtarbr wlth white melamine Interior, antl will excssd AWI sbndards, � � I ,
CebinetstobebulltufingEuroconsvuctianmethod,using0.5mmetlge6andin6 TAISOUOte , -� I
� also allows for Counter tops N he plasvc laminate with a 4" backsplosh. 4uate Includes . . d �
premiuminsbllation. Commerclalstre�thwnceal¢dhingesandap0�o0�atesidemaunted �) I
floom�s) Descriptlon � �
� Tnt Room 305 ' . �f �
Sbnderd Base and upper Cabinets -
�.,
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Solid Surface Top Corian "C color i .l. .
$ $�414.00 . � i
Break Room i07'� Standard Baee and up r Cebinets ;�.� '
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� ' � Solid Surfare ToP CoAan "C coloF - i
$ 4,090.16
Dispateh 125 - „ I
aa cubby holes 9z3K32
. s melamine intenor ��� �
III
S eoo.00 " i
� Break Room 130 � �i �
StanEartl Base and u0M!r Cahine6
. Solid Surface Top Corlan "C color .
Iti i
SUntletd upper Wbinetz y I
$ 3,301.00
Total $ 13,705.16 � i
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� PAYMONOlAMES BIIANDONJAMES I�
706 831507A 706 8319377 � ��
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DAVIS PAINTING CCJNTR.ACTORS,INC.
� P.O. Box 6097 Ph .803-441-6464
North Augusta,SC. 29861 Fax 803-819-1257
PROPOSAL .
To Allen - Batchelor Construction Co.,Inc. DATE: May 17,2011
' P.O. Box 2358
Evans,GA. 30809
� RE: Au usta tl' 'i
g U it es at 1832 Wylds Roa.d
F+
John,
We propose to furnish all labor,materials,equipment,taxes and insurance to provide for the
painting on the above referenced proj ect. The work will be performed according to the
attached scope sheet and the following:
;
� 1 See a�ached Scop� Sheet fmr v�ork inclaaded.
2 ZJnless listed as specifca�ly ineluded a�d/or e�cl�nd�d , n� additional
coating work is covered by this quote.
3 If thas proposal is accepted, it is to beco�e a referenced at�ach�,ea�� to
c�ntract �nd/or agre��e�t pro�d�d.
�
�"
� The cost of the �%vork as herein described is as fol�czvs:
�
��s� ��d ��r �ain�ing �s here�n desc�ibed - $18,520,00 '
, f
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If you have �,ny questions on bi� day,please do noi hesitate to contact me.
, �
Sincerely, �
Attachment: Quote Scope Sheet page 2 of 2 Davis Painting �ontractors,Ine.
�i�h ;
� �
Richard Littleton,Vice Fresident {
I
Page 1 of 2 �
Davis Painting Contractors,inc.
� P.O. Box 6097 Ph: 803-441-6464
North Augusta,SC 29$61 Fax: 803-819-1257
Contact: Richard Littleton (email: ralittleton@aol.com) Date: May 17 ,20��
„ £ �'���� z � � ��"s ",. '��'��" : � ,� �� � � � o �, �°; ,�� .
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Augusta Utlilities � �
•� Painting Scope �
� The following is the scope as quoted for the Augusta Utlilities project located at 1832 Wylds Road
�� Pai�ting Scope arad Clarifi�ations:
� 1. We have included application of one coat of primer and two coats of latex eggshell to all new walfs
��
as shown on the drawings.
2. We have included application ofi two coats of latex eggshell to all existing walls except for Rooms
127 and 128.
` 3. We have included one freshen_ up coat of varnish on all existing wood doors shown to remain.
� 4. We have included staining and finishing all new wood doors as scheduled.
5, We have included sanding and application of two coats of epoxy to the floors in rooms 104 & 105.
� �� 6. W have included painting all interior and exte�ior HM doors and frames. (Incuding Storage �uilding) ,
7. We have included application of one coat of bonding primer to the new panels on the right side
_ of the building where the overhead doars are infilled and then pressure washing the entire existing
right side and application of one coat of DTM finish so that the side will be uniform in color and ;
sheen. �
!
8. We have included sanding,priming and repainting the handrails and the dock leveler on the rear i
of the building. (
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9. We have included painting ofi the new factory primed railings an the front. j
- 'i 0. We have inciuded painting aut upper level walls associated with Room 200 Mezzanine. I
� 11. We have included painting of exposed CMU walls within Rooms 104 and 107. �
I
,.: 12. We �iav� i��iude p�ir�fing of inetal stairs associated with access tor Niezzanine. j
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1. We �iave not included painting of any ceiling grid. �
s 2. We have not included painting of any exposed ceilings. '
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3. We have not included any painting within Rooms 127 and 128.
� �. Other �ra� ihe �-;��� U�ur ari� ira�� r� ��Cil[i6hal ��I�1'[I�1� IS If1C1UqeC� T01' ttl@ St01'a9� I�UIIdl11g
n 5. We have not included cleaning and/or coating of the exterior CMU. "
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� - Page 2 of 2 ,
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� G�o�rgia L�x��ra��i x�c.
r Drywall • M;eea{ Studs � Acaustica! Ceilings � EII^S � Scueco � Paint
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� M.attb ,. v �. Stezx�er
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�o�t o���� $o�. z$a$ ' � ro�) ��� -4228
Evans, Gearg�a 30809 (7( � 9D9-9234 �ax
�ad� i: �c@co�i,cast.u.ct
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US�`i i�adax Cliunaaplus #2214 square �dga ceilimg 4�1e ax�d 6" b�.tt i.t7sula�kior� a.l�o��.
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7. L�bor o�n3y ta inst�.il hoalc�w �xa.�.l doorfr�nr�es in na.e4a.1 sta�d wa�ls.
8. A.l� �quip��,��.t im.c�us�cd.
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� , Y Jeff Dowdle
�, ,�� �'•,, Sales Associate & Project Mgr.
= 3114 Wrightsboro Road
Augusta, Georgia 30909
` ��'-� �� Wk:706.736.1491 Fax:706.396.8210
- ���, Mobile:706.414.1124
�
A Division of THE C�4IZPET SHOP, IllrC.
�� �.4�1���. �.�cd� .�� �vv� ��a�
■: PropoSal
��
Date 05/18/11
Attn. John Allen - Alle�-Batchel�r Construction Compaaay
, Job Augusta Utilities Departaaient
Location: 1832 Wylds laoad - Augusta, GA 30909
�� Sco�pe: Carpet, VCT and Resili�nt Wall ��se
■;
�
Price including all materials, tax and labor: $14
- Voluntarv Alternate ADD: This shall be for cut-way removal of residual carpet/VCT adhesive
where new VCT is to be installed, sanding existing painted floor where new VCT is to be installed
� and cut-away old VCT glue where new carpet is to be installed: $1,200.00
��
C1arn�eatao�as:
�� Quote based on plar.s by Ch�is Booker � Associates A�chitects dated 10/21/10
Caxpet priced is Patcraft "Sound Investment" as per Finish Legend
�' No floor batterns seen on floor plans [single color VCT installation]
� `
' Price Excludes: �
;, Floor demolition or removal of residual flooring adhesives [see above voluntary alternate]
,' Flooring within the IT Room #129 [existing to remain per meeting at walk-thru]
�; Cleaning, waxing, sealing a.nd protection of finished floor
Major floor preparation or leveling
�'
Sincerely,
` THE CARPET' SI�OP, INC.
4 �
; Jeff Dowdle
° Sales Associate — Project Mgr. -
�`
i
�
John Alien
� From: Dianne Tant [dtant@mbsaugusta.com]
Sent: Monday, May 16, 2011 10:33 AM
To: John Allen
� Subject: FW: AUGUSTA UTILTIES
� Attachments: specs.pdf - Adobe Acrobat Standard
Hey John,
Attached is the specifications and I will be sending a second one with drawings.
The total is $73,321.87 including installation.
�� � � � 1 I
� -
� �
�
4
DIAIVNE TANT, SALES MANAGER
MODERN BUSINESS
� 1445 Greene Street
Augusta, GA 3090 I
Sg P 70bJ24.8700
; C 706.830.7740
� F 706J24.4654
www.mbsaugusta.com
`j Save trees... please print responsi6ly •
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I MAX ; MPW � I � M-EMF67424R ; Empwr Prame Base 7QHx24W Rad Trim �$ I 17 57 : $ I 1757
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� 21 MAX���MPW i 2 w :�M-EMFB7024R �� Empwr Frame Base 70Hx24W Rad Trim �$ �E 17.57 i $ 235.14
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27' M4X � MPW ;? i M_EMF�7b42R � Emowr Frame Bas� 7€1Hx42W Rad Trim �$ 129.79 � $ 25?.58
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�°� 29 MAX � MpW � 2 � M-EMFB7048R T. f Emp� Frame Base 7dHx48W Rad Trim �$ { 31.47 # $ 262.94
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31 MAX { MPW ;� 7� i M-EMFB7Q36R i Empv�rr Frame Base 70Hx36W Rad Trim �$ [ 26.00 ; $ 882.00
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35 i�iAX i E'�PiN E I � M-EMFB7d48R : Empwr Frame Base 70Hx4�W Rad 7rim i$ t31.47 : $ 13t.47
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39 MAX 't Mf'W `+. 12 't M-EDG! �� Duplex Ouelet Circuit##I �"_.__..._...._..._.____..�__�_.--12.b�4 ? $ t51.68
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42 MAX ; MPW ? 3 � M : Daubte Btock Duple�c Warness 30W ?$ 64.05 i $ 192.15
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43 MAX � MPW i 4 '•: M-EH36 ; Double Black L7uplex Harness 36W �$ 7(.22 : $ 284.88
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44 MAX � P1PW i 3 �; M-EH42 �� i Dauble Block t7up{ex Harness 42W ��� � 74.17 t $ 222.51
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45 M�X '• MPW � t�� M-EP48 � Pass-Through Harness 4BW � �? $ 53.1i� _ $ 53.f0
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� 53 MAX�: MPW i 5�: M-EMSD7036 �� Empwr SEiding Donr 7QHx3bW fnstalled j$� 453.0 f��$� 2,2bS.�5
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55 M,4X � MPW } l Q � M-EM5TL30 € Empvvr Task Lighe 30W or greater �$ 89.33 = $ 8�3.30
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56 MAY. V � Ntf'1N s 5 '_: M-FF3Rj4S .13-Port Fa��ptats �$ 6.33 s�$ � 3 E.65
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57 MAX � MPW j 5 � M-SIJRJ45 . � . ������ . Snap in Jack Etj45 Cat 5E �µ.~��� $� 12.22 i��$��61.{0
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58 MRX : MPW � 10�� ; M-USOC3bCEA �' Universal OH Cabinec 36W Sngi Curved �$� 6 � $ 3.181.6Q
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54 NiAX ? f�ISR i I � M-B53p i Boakcase -:�4N 2-Shelf _...` _.. _ 196.4n ? � !'�g.50 .
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83 MAX � MPL � I6 ; M-FP3RJ45 ..._........__._._.........� 3-Parc Faceplace ......�..........�..�...W ._...�...__. 6.33 ! $ ID1.28
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x 84 MAX i MPL ;'• I6 i M-SiJRJ45 � Snap in jack Rj45 Cat 5E ;$ f 2.22 � $ I45.52
$, ` ` �
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8S MAX�� MPL � 8 : M-PLCPLR66 ��� PL Connector Post 2-Way 90Deg L 66H ;�~$ �56,04 I� 448.32
j j � j Raceway ;
; ! ;$(SELEC'� ; MAX Select Cir �pts } j
fl,• f
� � ' ; .MPHZ ! GLR: Haze �
Sb MAX MPL��� IZ ��: M-PLCP'f'Rb6 �µ~..; PL Connectar Post 3-Way T- 6bH �.�€ $ •' $ b4288
i , j =
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e E � I
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i
&7 MAX 3 MPL� � ZO € M-PLEC 1 EN � � Parallel End Cover-Non-Raceway �� $ 5.OS { r $ � 101 AO
� E � � F
- i$(SELECT} ; htAX Select Cir Opts : �
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..._._.._._...w._._._._-___.�.:_______w.....�.._.._.._.....�._......_._.__...:...__.._.___._.._._ ..__�._...._...______.....__._.._.__..__..__..�..._.._....�.._.._.
88 MltX � MPL ? 2Q f M-PLMN-&636F � pL Std Mono NonRcwy Pnl b6Hx36W :$ 20i.85 ;$ 4,Q37.t10
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� � � j �
i 3 �$(SELECT} � MA7C Select Cir Opts 3 {
s 's € .MPHZ � CLR Haze ;
i ; `•:. $(3} ' Grd 3 Fab ''
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j Undecided FABRlC Option ! �
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= � � � ; Undetided FABRIC2 Optian ; ;
� 5 89 MAX ' fl"iPL � I 6 '•: M-PLN1R-o6�2F ._._._.�._; PL Std Mano Rcwy Pnt b6Hx42W Fabric �$ 240.2Q ;�$ 3,843.20
J � `$(SELEC`(') i r�+a�c s�i��c cr� o u � ;
y { P , :
; .MPHZ ; CLR: Haze ' 3
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�$(3) 1 Grd 3 Pab � �
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98 MAX s MF'L � 15 : M-U5L30 ? Task light 30W � 76.69 �� 1,227.(t�f
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9t MA}: f MPL � lb i M-USOC�2CEA i Universat OH Cabinet 42W Sng! Curved �$ 327.85 �$ 5,245,6�
i
; Door ED �
� . � $(SELEC7j ? MAX Select Cir dpts •. _
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h ltem � Mfg j Cat � Qty � Part Number � Par� Description j Sell � Ext Sep
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92 MAX i MStt i I 6 i M-FSP24BM-R ; Ridgel7ne Pedestal 24D BBF Mobile ft Pui[ 3$ 274.75 `_. $ 4,395.00
: = j '• �
;
; ? �$(SEIECT) � MAX Select C!r Opts � �
i �
�'"�� ; ; =.MPHZ F CLR: Haze
_._._...�_._._..�..., _._._�._....._...._._ ._.___......_.._._.,_._.____.._._......�..._.___._.._._....____..._._._._._._�.._......_.._........._....�:.......�...�...,._._..»
93 MAX '•. MWT ; 16 ~; M-UWR2442E� : U�iv Wksft-Rectgir 24Dx42W Edgeband €$ 101.48 ':. $ 1,63 t.6B
f i � f
� f f s
x �$(GCDRLAM} ; Select Dir Lam dpts
� � j .W7b5466 � Wild Cherry =
� ' ' °
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94 MAX� MWT :�16 ��i M-UWSKR2 ��� ���; Rect Worksurface Suprt Kit up to 63L '$ 34.13 ���$ 546.08
� i
3
t S I
� { ':_ : $(SELECT} ! MAX Select Clr Opts �
�`�� ' f .MPHZ ; CLR: Haze
.�.._._..._�..w�_____.;_�__�....;.._..._.......____..W.._............__.._....�_.._.....__._....._.................�.....,.._.__.._...._..�............_._�.__._......__..... �: _...__v....._.....�.
sub = Su[�tota[ M ; $ M 25,803.20
- _�.._........_._._.�.__.__.__.........�.._..�___..___._...._._..._..._...._.� .._......�..�...�..�..._..
45 MAX 7 MPL �i I 6�; M-CD I ; Pre-Parmed Law Profile Center Drawer j$ 53.52 ; $ 856.32
� � � ��..��w��� = 6lack ; �
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- � 96 h3AK ; MPL :( 6 !!`�l-bQNiE �; Qesk Fleight PowerlData Receptacle ;$ 100.34 #$ 1,604.80
� � � � € i
: _ : •
: : : : � .
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9T MAX � MPL s I b � M-ED3D � Qaplex Oudet Circuic #3 - �$ [2.64 ; $ 202.24
� � �
:lsoleted/Dedicated � i
f ;$(SELECT} ; P'fAX Select Ctr Upu ; i
,� �� ; .hEPHZ ; CE.R: Haze ' 3
____..,.M._...__..__..:_.w__..._.
...._.__.......,�.....i..._.:_....._.._...��,____.....___�...__.._....
� 98 MAX ; MPL 4 Ib ' M-F1'3RJ45 i 3-Port Faceptate :$ 6.33 ; $ i0E.28
� �� � . E � i j � � .
� 49 M�iX ; t"1PL . � M ib_� . ' M-51JRJ45 W _�.' Snap in )ack Rj45 Ca� SE � >~�$ 195.52
; i � :
� 6 � � ._._.�..�__._..... _._ . ..._....�.�...__..._....__._.�.... � ______�.._..._.__...�.._._ _...�.�. _�......._..�__.�...�._.______���__.
i t3Q MAX � MPl :� 8�'_. M-EH36 M •'. C7ouble Biock €7upiex Harness 3bW ��..�� $ 71.22 =. $ 5&9,7&
J � � �_. __ .............__....____...._......___.___.._._ -....._...�..._...._........_._._.__. ....._.. __....._'•• .._..
� �� •'•.
!QI f�tAX � MPL ; 2 ; M-EPF3 £ Prv�er !n-Feed throuoh End (CPif�ng� � $ �859b � $ 17t.42
�
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; • '
I Q3 MAX� � MPL i 2 w i M-FIPCC'i0 �� µ Paraliel End of Run Power Pofe ! 23h1 � i$ M� I I9.25 ?�$ � 238.5U�
� f } j
i + � �
: �(SELECT� ; MAX Select Cir Qprs
� � _._ . .._ �..._... .___._._._. _ _..__._.._._....... _.�.W__--� ___. ' ':
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_..�.�.........„....._..__.__:�._.___�_._..�.W..._.�.
.i I03 MAX �!"iPL �;� 7�� M-PLCPXR42 W. # AL Connector Post 4-Way X- 42H � F$ 44.25 � $ 30.4J5
; � ; Raceway � E
� ` ; ; $(SELECT) ; MAX Select Clr Oprs :
,� � ' ! .MPHZ ''• CLR: Haze i
I Q4 t'�AX = MPL '� 18 ! M-PLEC 1 EN � Parallel End Cover-Nan-Raceway �� $� 5.05 ;� $� 40.40
; f ` j �
i !
��' ? �$(SELECT} E MAX Saicct Cir Oprs { �
�' � # F � .MPNZ i CLR: Haze
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� CUSfOMER SIGt�A'fllRE iO of 12
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Item M€g � Cat � Qty � Part Num6er Part Oescription � SetI E7ct Seli
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, tt}5 MAX j MPL i f$ f M-PLMN-423dF � PL 5td Mono NortRcwy Pn142Hx30W �$ IbL81 j$ 2,912.5$
! j
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� ± ' ' $(SELECT) € MA?C Select Cir Opts : j
t
' i ; .MPhtZ � CLR: l-iazt j
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� ; F-� ! Undecided FABRtG Option � j
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F$(3) ' Grd 3 fab = s
� °��`� ` ._... . __._. j Undecided FABRIC2 Optian .�.. .. i .._._.. w
106 MAX 3 MPI. � S �� M-PLMR-4236P �i PLStd Mvno Rcwy Pni 42Hx3bW�Fabric g$ I&7.10 :�$ �(,496.80
_ ' � ! � S
} ' � $(SELECT} `':. MAX Select Clr Opts �
j =
; .ME'HZ ; CLR: Haze j
� � $(3) ; Grd 3 Fab < <
!
� ; � � Undecided FABRIC (7ptian `•
i
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_ __ _ ._.. _..;:......._.....___.�.__;.._......_....�.._____.
107 MAX � MPL � i�; M-PL{'1N-783&F 's PL Std Mono NonRcwy Pn! 78Hx3bW :� 2E9.97' � $ 219.97
�� i
� ' � � Fabric �
_
i ;$(SELECI'} E MAX 5e{ect Clr Uprs i
. ; ;
+ .MPHZ '•; CLR: Haze � ;
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; Undecided FABRIC C)ption ! j
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���� � ; Undecided PABRlC2 Optior. ;
� �.....___.�.._.__-____�...__....._..._.___..._..._..w._, _ ___...._......_.��.._.�...__�.._..,......._��___..� .................�....
t 08 MAX ; MPL i I � M-PLMrl-7842F � PL Std Mono NonRcwy Pnl 78Hx42W =$ 235.{4 ; $ �35.14
r ; ; ! Fabric
� ' i�(SELECl"} ? MAX 5elect CIr Opts
� ! � � ;
; .MPHZ � CLR: Naze � ;
; � ? i
p ; 5 ;$(3} � Grd 3 Fab : :
; ; ; — ; Undecided FA6RlC Option � ;
` ' ;$(3} i Grd 3 Fab = E
� ��; � i j Undecided EABRIC2 Option i '
� , : �
..____._.....__.._._.,..._.:_......._...�._...._._........_..___...�...._......_.____. ._..._.....,_._._...._..._._�....__....._... ._._.: ._..
� tQ4 MAX ? MPL � i ; M-Pl.WC78 ; Faralfel Adi WaH Connector 78H i$ 59.00
i
_
' ; i
� � � $(SELEC'� � MAX Selecc Clr Opts � :
� � � 1 ' .MPHZ ; CLRr FEaze ' i
� : . . _.._..:._......______...... ....�.._.__..___ __........_......_...__..._ ._..._ �...._.._.� ... _...�.....�._...,.......
_____..;.._.____.__..;_..._._.___�____._._._.____._.__.__...._
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; I 11 MAX i MWT � tb � M-Cl l ; Univ Cantilevered Worksurf Bracket LH i$ I 1.38 ; $ l8208
i 3 { j
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� f f 2 �MAX � MWT 16 �� M-C t R ��� ; Univ Cantilevered Worlcsurf Bracket RH ;$ µ t 1.38 ;.� $ f 82.08
� ; ; = i :. �
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'_. i 3$(SELECT} r NlAX Sefect Cir Opts : �
{
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______�....._._....._;__._..._....;..._._.. ._.___.�._...�....___�_.�__ww._..._._..._.._.._.....__.._._..._......._.._._.____...._..._�__..„........_............_.�__...._._________._
I 13 MAX ; MWT i 16 ; M-UWkt243bE `•. Univ Wksfc-Etectglr 24E3x36W Edgelrand �$ 96.93 �$ f,550J2
; ; !
_ ;
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j ;$(GCDRLAM) i Sefect Dir Lam Opu � j
? � '':. .W7Q54-60 i Wild Cherry 3 �
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° sub _ ... 7 � � ; Subtotal �; $ ! [ �497.31
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1
C.(.�LEI��L.�.N t:t7P�I�T1.'�t INC.
Pfumbing•Piping•Febricatiatt P,O, Hax1470
Harlem, GA 3a$14
Phone (706) 556-3400
� ` Fax (706} 55b-6ll4
��,
E �R�}P�S�
€
� , Allen-Batchelor Canstruction Date: OS/18/11
` 1063 �'ranke Industrial Drive Proposal # 3906
� ; Augusta, GA 30909
' Attn: John Allen
��:
Project: Renovations for Augztsta Utilities Department
1832 Wylds Road
� Augusta., GA
�
Johx1,
�;;
Thank you for your cantinued interest in our company and for ailowing us tl�e
�g opportunity to bid this project. �ur quote is based on our site visit of 03/17/11 and the
preliminary drawings provided. No mechanical plans or speci�ications are available; our
quote assumes a�l waste and vent to be PVC sch. 40, a11 pQtable water to be type "L" hard
copper.
Our price includes labor and material to complete the plzanbrng rei�avatians as
described, We include demoIition of the existang plumbing f xtures and accessaries as
needed, alang with saw cut af the existing slab where required. All spoils from any
demalition to be removed to a general cantractar supplied job site container.
£ 1Vew supply and waste piping far added fi�tures - alang with piping re-rough for
�, the recanfigured existing restrooms - is included.
U
Our scope of wark includes the fallowing new and/or replacement fixtures and
� accessaries:
2 ea.. - Standard height tank type toil.et.
; 2 ea. - .ADA height " "
�
� 2 ea. - Wal] hung urinal w/ manual flusli valve.
Z ew -�tij�I h�.:.�g :avatory ��/ sing�� �ever faucet.
2 ea. - Wall hung ADA electric water cooler.
� � 2 ea, - Stainless steel breal� room sinlc w/ single lever faucet
� �
(next page, please)
�
�
�
�'
�
C.(.�LEA�L-�N' C«N�TI'tL II�TC,
� � Plvmbing•Piping�Fabricntion E,O, flox1�4�0
Harlem, GA 308IA
Phone (706)556-3�00
� E Fax (706) SSfi-61I6
�
Augusta Utilities Department Renovations Bate: OS/18/11
; Scope of Work / Fixtures
' (continued)
�
�;
� 1 ea - Fiberglass laundry tray w/ legs (existing Janitor's Closet)
2 ea. -"Molded Stane" flaor mounted mop basin (new Janitor's Closet & Test
Room) '
- Replace existing 40 gal. natural gas heater w/ $Ogal heater (Attic space
over existing restrooms)
' - Add "Pro-set" trap gaard to existing floor drains, 5 locations.
� - Install new 3" copper main potable riser w/ baIl valve shut aff in Test
Raom for meter test; new main to be stubbed out to 5' outside the
�" building. BaclE#).ow device far new 3" main (if required} is by others and
� not included.
- Pntable water, waste, and vent piping as needed to
tie new fixtui and accessories into tlie existing building's
systems.
�
� B�se �id: � 19,737.U0
We exclude any afthe fall_owing frorn a�r scope of work-
4 EIectrical wiring, starters, controls, ar disconnects.
� Equipment pads ar vibration isolatian.
Raof drainage, storm water, irrigation, or fi�e protection piping.
Patching of any floors, walls, or ceilings - painting of any kind.
Engineering or bond fees.
Any work that requires prenuum time (after hours or weeltends).
Note: This praposal may be witl�drawn if not accepted within 30 days.
; If you have any questians or camments, or if you need any additional inf'ormatian,
� �iease do not hesitate to contact us.
,
Thank au,
l
' ^�1 ,�.
Cluis Roli�ns - Project Manager
r
i
� �
�� �
�
SDUTHERN MECHANICAL PAGE 91101
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invnr�tng extra castn wnl ba e�eut�a ony upon wr�� ordars, aTld vuAl 46COme pq mttta $ignsturc�
eh��e ovar eru� s+bv�,e ih� e�►7max+ egro8li'�enfg COhting8flt Ilpcn SVIIffiB, accitlents ar
aelsys b�yond aur coimai. Owr,ar. to prryfl% tarnadq and att�ar ne�ssary insurdrtce.0u� hlbte: T1�is propa9�! may ba
weri�4ra are tuily �uored byWr�r'� Campansasian insi,iranco, wiihdeaVUri by us iF not sccepted wiChin �� d�ys,
l
C��7�}.C� O� p�i3�t3S�,�. — Fha abwe pr;�s, s��cfficr�ilons an0
�iibne are aetletactory and e,re heretr�/ aCCeptad.You r�r� authc,rizad to do the work s�g�a�"� �
specl��sd, Payrnent wilt he mada a� oulffned abcve.
� � ' Slgnawtg
Gf Acc�ptance;
t
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� Augusta Fire �����
Prote+�tion g
� ; � iRi"iF ! ��IF.7i�i�WRiv �+�#X � .
""'""'"'.�.� .
.; 109 Commercial Blvd. M,artinez, GA 349Q7 2625 F Pinemeadow Ct. Dulnth, GA 3009b
`- 706-863-9374 FAX 706-855-1644 770-945-2330 FAX 77d-945-2651
�'_
DATE: May 18, 20ll
Y PROJEeT; Augusta. Utilities Dept.
� a Augusta, GA
t RE: Automatic F'ire S rinklers
�; �
SCOPE: Seller to furnish all material, equipment, labor, tools, desi$n, freight and handling, except
�� where specified herein, far the installation af a FM 200 system in areas indicated on
drawing A2.0. The system will be installed per specificatians listed an drawing A7.0,
N.F.P.A.-200I chapter 5 guidelines, rn�nu#a,ctuures require�ents �nd lacal codes.
;
° Alt Price Notes on drawing A2.0 indicate installing FM 200 in rooin 1 l2 (10�a Room) as part of
the overail system. The drawings list this room as a janitor closet. If this room is indeed a
daxa room a.nd not a janitor's cioset then add this cQSt to our base bid.
Cast for Fi',�i 200 Systein ------------------------------------$10, 775.00
�;
PR�CE: Siatv S�vea� Thous�r�d Saa F3umr�red �l��rs------------��—�67.6►Q►QsQO
�ES�vI�T CRIT��tI�: �er spe�s list�d on drat�ring A7.0
� 1t�TEI�AL. EQUFPRqENT AI+iD SERVICES:
1- Multi-hazard irne]Iigent contrai panel w! battery pack
� 16- t�ddressable smoke detectors
I O Addressable monitor modules
5 - Addressable relays
4 - Manual pult statians
. 3 - Abort switches
_ 3 - Maintenance bypass switohes
3 - Alarm hort�/ strobes
3 - Discharge strobes
�. 1 -'70 LB cylinder
� 1 -125 L$ cylinder
1 - �0 LS cyE�der�
3 - Cylinder wall brackets
� �` 3- Electric a.ctuators w/ manual override
6 - Nozzles
- 3551bs FM 204 agent
4 - Door signs
4 - Alarm signs
, - El�trical & Il�Yecfl�anira.i - La.bor & l�teriats
- System check out and certification
� - Drawings / Manuals / Training
�;
�
f�
WORK NOT INCLUDED:
I AC power to coittral panel Dedicated circuit �t}uired
• � 2 I.abor & Material to tie in base buiIcti�g fire alarm to monitor panei
` Contacts provided
3 Painting of suppression pipe
4 Dampers in HVAC in rooms. Contacts provided
? 5 Sealing room to cantain ageM
' 6 Clean agen�t fire extinguisher
� 7 Shutdown wiring to computers, contacts provided
8 Nig.ht or weekend wark
�
��
�� Clarifications:
1- Room pressure test to be performed on rooms if it's built to conduct test
; 2- Locating cylinder witl�in or adjacer� to each room
�
� .
�€ Price subject to revision if not accepted withia 30 days. Thr,s proposal is based on the prices for fabricated
steel pipe as of the bid date. Due t� rapidly rrsirtg steel prices this bid is subject to increase i, f pipe prices rise
= prior to the execution of a written agreement rntd fina! drawings and documents are made avaidahle fo us, by
p
the amour�t of increase guated by our fabricca�ior� �p�lier. (We �uild provide y�ru proof of any inereases)
We thanlc y�� for th� privil�ge mfsubmit�i�ig Y��� p���os�. �ycsr� ��a�ufld �ve �gr c�rue�ions, please ca.l] zne.
° Respect�lly,
�` AUG FIItE P�tOT]ECTIOlV / CEN'TU�t� �I�E P�i.OTEC��N LI.C.
� � i���.�
� �
�
� Mitch Miller / Service and Sales Ytepresentative
�
��
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y Augusta fire �����
Protection
, � � TAS i# A�71a9Y.7�W�i.�V�FiiY ��Y.l�S
�
109 CommerciaE Bivd. Mmti�z, GA 30907 2625-F Pinemeadow Ck Dulutkt, GA 30096
� � 706-863-9374 FAX 706-855-]649 '170-945-2330 �AX 770-945-2651
��
�
4 DA�: May �s, aoi i
d
PR4JECT; Augusta Utilities Dept.
, Augusta, GA
e
RE: Autom�tic Fire Sprinklers
t.,
� � SCOPE: Seller to furnish a!1 material, equipment, labor, tools, design, freight and handling, except
�' where specified herein, for the retrofit af a"wet" pipe systam of autamatic sprinklers.
;.
Add hea.ds under new mezzanine and add and relocate heads as needed to accammodate
` for n�w ceiling and w�.11s,
�' Se11er's wor�C to begin at existing outlets
x
k
P�i.£CE: Ei��t Thousand Five hundged �nd Foe-�v Dmtlars------�-------$8 5�0 00
�
� �ESIGN CRITERIA: Per NFPA #� 3
i
r
TvIA'�RI1�L. ��iJYPI�REAIT AND SEI�VICES:
- Standard response chrome recessed heads
� - Hangers for supporting the sprinkler piping will be in acca�*dance wath 1�iFPA # 13,
' - Richmond County pernut
� WO.dtK NOT INCLUD.�D:
� - Cleaning and painting of the sprinl�ier piping �td fYre pratecctio�x appara�izs
- Fi�e ext��agtiishers and/or eabin�ts
- Vl�eekend and a.fter hoaars work
� Price subje�t to revision if nat accepted witlegn 30 days. This prnposal is bused on the prices for fabricated
steelpipe as of the biddafe. Due to rapidly rrsingsteelprices thrs bid is suBjecl to iracrease rfpipeprfces rrse
prior to the ex�cution a, f a written agreemeni a»d frrral drawings and dacuments are made crvailabte ta us, by
the amaunt af increase quoted by aur firhrication supplrer. (We wild prvvade yau proaf of aa�y irtereases.)
We thainl� yau for the privilege af subr�itting tl2is proposal. �f yau should have any questions, please c�11 me.
� .
Respectfully
�
�� AUGUSTA FTRE PROTECTIdN / CENTURY FIRE PRdTECTiON LLC.
�
��. �'
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1VSitch l�iller J Service and Sates Representa.tive
�
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■ A� � R. L. Wi►ey
� � E(ectrical Contractors, lnc.
P 0 Box 3112
Evans, GA 30809
" Ph. 706-922-5026
Fax.706-922-5027
���GIl
To: Allen-Batchelor Consiruction, Inc.
� From: Robert L. Wiley
Date: May 18, 20ll
Re: Augusta Utilities Renovations
Electria�I Proposal
h We propose to install all necessary labor and materials to install the following scope of work.
� I. iVlain Service:
•o• Existing service and all sub fed panels are to remain "AS IS".
IT: Electrical for I3VAC:
❖ Existing electrical service for all HVAC equipment is to remain "AS IS".
❖ Install electrical feed for 2 condensing units for the air handler units in the open bay areas. Units
' are not to exceed 50-amp 208volt single phase.
�II. Rooms 100 & 101
❖ Install 15 — 2 x 4 four lamp acrylic lensed troffers with electronic ballasts.
•3 Insta116 — IT stub consisting of 2— CAT 6 cabies back to the IT closet.
- •S Install 4-120 volt circuits for pre-wired cubicies. Cubicles are to have power poles included to
� gain access to above ceiling,
IV: Room 102
❖ Install 2— 2 x 4 four lamp acrylic lensed troffers with electronic ballasts.
�� ❖ Install 1— Floor Box consisting of 2— CAT 6 cables back to the IT cioset, and 1— i20 volt
� receptacle.
V: Room 103
•3 Insta114 — 2 x 4 four lamp acrylic lensed troffers with electronic ballasts.
° :• Install 1— Floor Box consisting of 4— CAT 6 cables back to the IT cioset, and 1— 120 volt
receptacle.
VI. Room 104
•3 Insta112 — 21amp 8' strip light with electronic ballast.
� VYI. Room 105
❖ Insta116 — 2 x 4 four lamp wraparound fixture with electronic ballasts.
R ❖ Install 1— IT stub consisting of 2— CAT 6 cables back to the IT closet.
� E ❖ Insta113 — 120 volt receptacle.
� VIII. Room 106
❖ Insta112 — 2 x 4 four lamp acrylic lensed troffers with electronic ballasts.
:• Install 1— IT stub consisting of 2— CAT 6 cables back to the IT closet.
� :• Install3 — 120 volt general-purpose receptacles.
� :• Insta112 — dedicated 120-volt receptacles for the microwave and refrigerator.
�, :• Install2 — GFCI receptacles for counter space.
�
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• � IX: Rooms 108
` ❖ Install9 — 2 x 4 four lamp acrylic lensed troffers with electronic ballasts.
:• Install IT stub consisting of 20 — CAT 6 cables back to the IT closet.
� :• Insta117 —120 volt receptacles.
� •'r Insta114 —120 volt circuits for pre-wired cubicles, Cubicles are to have power poles included to
� gain access to above ceiling.
X. Room 109
� ❖ Insta113 — 2 x 4 four lamp acrylic lensed troffers with electronic ballasts.
❖ Insta113 — dedicated 120-volt receptacles for vending machines.
�P XI. Room 110 and 111(Typical per room)
❖ Install 2— 2 x 4 four lamp acrylic lensed troffers with electronic ballasts.
.;; •'r Install new GFCI receptacle on existing circuit in space.
XII. itoom 112
•:• Install surface mount ceiling fixture.
❖ Instail2 — dedicated 120-volt receptacles for equipment.
XIII. Room 113
❖ Insta114 — 2 x 4 four lamp acrylic lensed troffers with electronic ballasts. -
d• Insta112 — 120 volt convenience receptacies.
= XIV. Rooms 114 and 115 ('Pypical per room)
❖ Insta113 — 2 x 4 two lamp acrylic leased troffers with electronic ballasts.
❖ Insta118 — IT stub consisting of 2— CAT 6 cables back to the IT cioset.
❖ Insta114 — 120 volt circuits for pre-wired cubicles, Cubicles are to have power poles included to
� gain access to above ceiling.
� XV. Rooms 116,117, 119,120,121, 122, and 125 (Typ�ical per roo�►)
❖ Install2 — 2 x 4 two lamp acrylic lensed troffers with electronic ballasts.
❖ Install 1— IT stub consisting of 2— CAT 6 cables back to the IT closet.
:• Insta114 — 120 volt receptacles.
XVI. Room 118
:• Insta115 — 2 x 4 two lamp acrylic lensed iroffers with electronic ballasts.
° :• Insta114 — 120 volt receptacles.
XVII. RoQm 124
❖ Insta113 — 2 x 4 four lamp acrylic lensed troffers with electronic ballasts.
❖ Install 1— IT stub consisting of 2— CAT 6 cables bacic to the IT cioset.
k :• Insta112 — dedicated 120-volt receptacles.
� XVIII. Room 130
:• Install 4— 2 x 4 four lamp acrylic lensed troffers with electronic ballasts.
❖ Install 1— IT stub consisting of 2— CAT 6 cables back. to the IT closet.
:• Install 1— 120-volt receptacles.
XVIV. Room 131
:• Install 2— 2 x 4 four lamp acrylic lensed troffers with electronic ballasts.
' •S Install 1— Floor Box consisting of 2— CAT 6 cables back to the IT closet, and 1-120 volt •
receptacie.
XX. Mezzanine
❖ Insta114 — 2 x 4 four lamp wraparound fixture with electronic ballasts.
•S Install 1 — 120-volt receptacles.
� XXI. Misc.
:` lteplace existing exterior light at front entrance with new.
•:• Install 1— dedicated 120-volt receptacle for Ice Maker at back loading dock.
�� ❖ Install l— dedicated 120-volt circuit out to storage building.
� :• Insta112 — 120-volt receptacles in storage building.
❖ Install 1— 2 x 4 four lamp wraparound fixture with electronic ballasts.
XXII. Engineering
- ❖ Engineering fees to be provided by Alektrocon Engineering and Consulting.
XXIII. Exits/Emergency
:• Emergency egress lights will be obtained by utilizing the emergency generator.
•3 Install6 — Exit lights
�
,;
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�
s• Insta118 — Exit lights with remote exterior emergency egress light.
� ' XXIII. Fire Alarm �
:• Install Fire Alarm system that will comply with NFPA 101 and standard building codes.
❖ Fire alarm system is to be installed by FireTech.
��
XXIV. Voice/Data
� :• Install 62 jacks with 2— CAT 6 Plenum rated cables in locations as shown in the above scope.
•'r Insta113 jacks with 4— CAT 6 Plenum rated cables in locations as shown in the above scope.
� :• All inside wiring and equipment shall be installed according to the Specifications section labeled
"Inside Cabling" sections A thru E
� ❖ IT system is to be installed by Comtura.
XXV. Eaclusions
,�'
❖ Fiber Optical Cabling or Equipment
:• Fees from Georgia Power, Be1lSouth, Comcast, etc for providing their utilities to the building.
� :• HVAC control wiring
•'• Security System
.
�
❖ Site Lighting
❖ Repairs for either the UPS system or the generator if they are not in working order.
•3 Any work in rooms 126, 127, 128, or 129.
� ❖ Anything that is not clearly defined as Included shall be considered Excluded
Total for the above scope $69,150.00
� Allowance for installing oecupaa�ey switches $4,500.00
� Total lump some with allowance $73,650.00
Thank you for the opportunity to quote on this project. If you require any further information or have any
questions please do not hesitate to call.
Sincerely,
Robert L. Wiley
�
�
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�
John Allen
From: Marlowe Stringer [mstringer@mrsystems.com]
Sent: Friday, May 13, 2011 2:10 PM
� To: John Allen
Subject: Augusta Utilities Quote
_` Attachments: QS11-059 RO-A Augasta Utilities Meter Service Building Security System.pdf
� �
��
if you have any questions please call.
Regards,
� A�a�/Qr,�e .��ri�rger
�! M/R Systems, Inc.
� 1185 Beaver Ruin Rd. Sufte A
Norcross, GA 30093
� Office: 678-325-2800
� Direct: 678-325-2822
� Mobile: 770-519-1190
� Fax: 770-564-5689
,� Email: mstringer mrsystems.com
t
�
Ail content, references, and ideas pres2nted in this email are M/R Systems, Inc. copyright 20D8. The informafian in this emaii is confidential and may be legally
, privileged. This electronic mail message and any attached files contain informafion intended for the exclusive use of the individual or entity to whom it is addressed
and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicabie law. if you are not the intended recipient,
you are hereby neYified that 2ny viewing, ccpying, disclosure or distrlbution cf this ir�or�ati�n may be subject io legaf restnciion or sanction. Please noiify the
sender, by eiectronic mail or telephone, of any unintended recipients and delete the original message �uithout making any copies.
�
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� M/R Systems, Inc. 5I.13/2017
M/R Quote # QS11-059 RO-A Bilis of Materials and Labor
� Augusta Utilities Meter Service Buiiding
SecuMty System
�b
f�t L Tag Descriotion Price
�^
� Camera System $2�,3g�.�g
6 Bosch NWD-495V03•20P IP FLEXIDOME DN,
� 3-9MM F1.4 VARIFOCAL, 12VDC/24VAC/POE, 60H
�� Z Bosch AutoDome 300 Series VG4-324-ECE1 C-
Nerivork camera - PTZ - outdoor - color ( Day&Night )
.� - auto iris - opticai zoom: 38 x- 540 M- 10/10D - AC 120 V
� � 3 POE power supplys
�'
" 1 Hardware & cable
i
� The DES-3028 is a managed 24-port SO/100
� Layer 2 stackable switcfi with 4 Gigabit ports and 2
Combo SFP slots
@
13 Omnicast Camera License Om-P-1 C
� Outdoor Fixed Cameras
5 Bosch LTC 9215/OOS MOUNT,
�� FEED-THRU, 7-INCH, FOR
938X SERIES, & 948X
� SERIES HOUSINGS
y
$ Bosch NWC-D455-20P IP
, CAMERA, 1!3-INCH 540 NL
COLOR, DSP,
12VDC/24VAC/POE, 60HZ
5 BOSCh LTC 3364/41 CS
k LENS, 1/3-INCH, 2.8 TO .
12MM, DIRECT DRIVE, Fl1.4
TO F/360, 4 PIN
5 Bosch UHO-HBGS-60
� � HOUSING, OUTDOOR,
IP66/NEMA-4X, w/HEATER,
BIOWER, SUNSHIELD,
' 120VAC, 50/60HZ
, PTZ& FTxed Flber Enclosures for Parking Lot $6,875.12
� 4 Hirschmann SPIDERIISTX/2FXEEC
� UnManaged Ethernet Switch, 610/100Meg Copper ports and 2
10o�eg SC Fiber ports, Extended Temp -40 to +70 deg C.
Stock at factory
� •� 1 Hirschmann SPIDER 4TX/1 FX (943221001)
4 Hoffaman Enclosure A-12106CHNFSS
` 4 Subpan A-12P10
4 Solar Shield, Front
� 8 5olar Shield, Side
� 4 Solar Shield, Top
Page 1 of 3
'� M/R Systems, Inc. -QS11-059 RO-A Augusta Utilities Meter Service Building Security System
�
� -
�
u M/R Systems,lnc. 5/13l2011
,� MIR Quote # QS11•059 RO-A B(Ils of Materials and Labor
Augusta Utilities Meter Service Building
� Security System
�
s
�
. 5 MINI-PS-100-240AC/240C/2 (2938730)
� 4 Tripp Lite DNET1 (880870) Neiwork Surge Suppressor
-� 500 Coming OOBKBP-31130-29 fiber optic cable
• 20 Corning 95-000-40 Fiber Optic Connector, UniCam, SC type �
A
_ 5 Coming CGH-CP12-59 connectos panel fo� WCH
' 5 Coming SPH-01 P Wall mount closet housing
E
t 1 Hardware and Cables
�
�
� Access System $ 8,189
-� 1 HID Vetex 1000 Sy-71040AEPONt
4 HID Vetex 100 5y-7010DAEPON
� 8 Honeywell NGOP10HON Card Reader
k S Door Strike
_�
2 MINI-PS-100-240AC/10-15DC/2 (2938756)
_
- 1 Hardware & Cable
4 �
_, e EDCO EL-EDS Electric door surge protector
-� Riarm System $ 3,881
a 1 Honeywell VISTA-128BP Alarm Control Panel
� 2 Honeywel16160 Alarm Keypad
� 12 Honeywell Aurora PIR Motion .
P
n
. 3 Crow Glassbreak Detector With PIR CW SRPG2
9 25 System Sensor BK-4WTB Smoke Detector
�" 10 Door Switch GE SR-1045W
• 1 Honeywefl 4204 Relay Module for Alarm System
�
� 1 MINI-PS-100-240AC/10-15DC/2 (2938756)
-
� 1 Hardware, Wire
_;
.
_�.. Note M/R Systems will install program and start up ali above equipment. We wiil
provide and instail all wlre inside the building need fo� the above equipment.
F Allen+Batchelor will provide any conduft and 120AC power need to install the
� cameras in the parking lot. We will need a conduit from the Data doset to a
light pole in parking lot and then to be continued to 3 more poles. We will instail
G fiber in this conduit so it must be installed with sweep 90 where needed.
_�
� Page 2 of 3
4 M/R Systems, Inc. -QS11-059 RO-A Augusta Utilities Meter 5enrice Building Security System '
E
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• y M/R Systems, Inc. 5/13/2011
� M/R Quote # QS17-059 RO-A Bills of Materlals and Labor
Augusta Utilities Meter Service Buiiding
Security System
ProJect Labor
One Lot ProJect Eng(neering, Electrical Design, Mechanical Design, Drafting, $ 7,951
7 and other miscellaneous Administrative Labor(including Travel &
Living expenses) as required to perform final system design and to prepare
Submittals and Record Drawings as required to instal6above Equipment.
��
� One Lot HMI Software Applicatlons Deveiopment and Graphics Design Labor $ 10,174
(including Trevel & Living expenses) as required to install above Equipment.
One Lot Eiectrical Instailation (inciuding Travel & Living expenses) to provide instaliation $ 18,097
of conduit, wire, etc. as required required to install above Equipment.
1 Year Onsite Comprehensive Warranty (including Travel & Living expenses) $ 1,895
One Lot Freight to Jobsite $ 1.062
Subtotal of Labor and Materials: $ 83,623
�
� STATE SALES TAXES ARE INCLUDED $ 3.782
Estimated Sa/es Ta�c Rate: 7.00%
Total Project Cost: $ 87,405
General Notes:
• 1 This scope of supply DOES INCLUDE the physical installation of conduit or the pulling
of wire, coaxial cable, or fiber optics cable in conduit.
2 This scope of supply DOES NOT INCLUDE physical installadon of field instruments, pipe, tubing,
r fittings, isolation valves, instrument stands, instrument mounts, control panels, antennas, masts,
� wooden poles, or other devices or other equipment except as specificaliy noted above.
3 This pricing INCLUDES State Sales and Use Taxes.
��
� 4 This scope of supply INCLUDES the termination of field winng to field instruments, control panels,
RTU panels, motor control centers, and other devices supplied under this scope of supply.
Terminations of wiring to equipment supplied by Others are excluded unless specifically noted.
; M/R Systems' GA Electrical Contractors License Number fs EN214384 (Non-Restricted).
This scope of supply INCLUDES terminations of fiber optics cable.
e
� M/R Systems, Inc. General Terms & Conditions of Sale apply to any order resulting from this quotation. °
Piease refer to the link provided below for a copy of our General Terms and Conditions of Sale.
� � ht���//www.mrsvstems com/Purchase0rderTerm ttabid/64/Default as�x
� Revisit�n .R�etps:
Rev. 0 First Issue
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Page 3 of 3
� M/R Systems, Inc. -QS11-059 RO-A Augusta Utilities Meter Service Building Security System
�,
�
= Section A
� Agreement
THIS AGREEMENT, made on the -��day of t � 20� by and between
AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICH " OND COUNTY COMMISSION
party of the first part, hereinafter called the OWNER, and A������"'! 3���'/� %'�o���
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations hereinafter
� • named, agree as follows:
', ARTICLE I- SCOPE OF THE WORK
,� The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and
labor necessary, and to perform all of the work shown on the plans and described in the specifications for the
� project entitled:
�, Customer Services Metering Division Building Renovations
� and in accordance with the requirements and provisions of the Contract Documents as defined in the General
and Special Conditions hereto attached, which are hereby made a part of this agreement.
,c
� ARTICLE II - TIME OF COMPLETION/LIQUIDATED DAMAGES—ARTICLE II IS NOT
' � APPLICASLE TO THIS PROJECT
, The work to be performed under this Contract shall be commenced within 10 calendar days
, after the date of written notice by the OWNER the CONTRACTOR to proceed. All work shall be completed
within � calendar days with all such extensions of time as are provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the CONTRACTOR and the
�WNER, that the date of beg�n*�ng, rate of progress and the timm? for completian of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract. CONTRACTOR agrees that said work shall be
prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion
thereof within the time specified. It is expressly understood and agreed by and between the CONTRACI'OR
and the OWNER, that the time for completion of the work described herein is a reasonable time for
completion of the same, taking into consideration the average climatic range and construction conditions
prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK
WITHIN THE TIME HEREIN SPECIFIED, then the CONTRACTOR does hereby agree, as a part of the
consideration for the awarding of this contract, to pay the OWNER ZERO Dollars, not as a penalty, but as
liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that
the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the CONTRACTOR and the
OWNER because of the unpracticability and extreme difficulty of fixing and ascertaining the actual damages
the OWNER would, in such event, sustain, and said amounts shall be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence for each and every poriion of this Contract, and
the specifications wherein a definite portion and certain length of time is fixed, if additional time is allowed
for the completion of any work, the new time limit fixed by extension shall be the essence of this contract.
r A-1
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' ' �•' ��, f l' ��J .:'. �,/ � ` / / •-�; � ._�.,.
�
�
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first mentioned above.
OWNER:
- . � AUGUSTA, GEORGIA
.
�� �
(SEAL) ,�,�.-��;��� } �,� � �} By: ��C �--��.�'��'_
� � � '' ���'F'.������ �{ � � As its Mayor
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��````�`'�`�" } CONTRACTOR:
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■ � (SEAL) By:
� - As its �"�.� � '���- `�'.--
A�i'F.�T:
S r y Address: �04�3 �pl�kE (�`�'J• - -
� � �� �
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� itness
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� : p ��� �:,:��`�,�� Offi:ce of the Administrator
�- �� + ;,� R�;��ar
'�. �i k �"��`�"� "�:r�t � : �
G°�� ',�%��;'�;�;��-,�;.I A �ederEck L Russei Adrnii�istxator Room 801 - Munici at BuiWin
��_..��'=��-�,�:.:�,;�d" �, P S
'"��" 530 Greene Street-AUGUSTA, GA, 30901
l"ameka Alten, Deputy AdministraYor (70G) 821-2400 - FAX (706) 821-2819
Wiliiam P. Shanahan, UeputyAdminirnatvr www.augustaga.gov
� August 2, 2011
M�. Tom Wiedmeier
Utilities Director
360 Bay Street
Augusta, GA 30901
� Dear Tom:
The Augusta-Richmond County Commissi.on, at their regular meeting held on Tuesday, August 2, 2011 approved to
1 award subject contract to the Allen + Batchel�r Canstructian Company in the amaunt of $1,173,032.00 for the
� renovations to the Customer Services Metering Division Bui(ding for Augusta Utilities Department. (Approved by
fngineering Services Commitxee luly 25, 2Q11}
[f you have any question.s, please contact me.
Y urstruly,
�
� a Allen
� Deputy Administrator
Q8-02-I1: #11
cc: Ms. Danna Wiiliams
Ms. Geri Sams
�
�
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�
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� GUS
� pU Tq
NOTICE OF AWARD
� C ORG
DATE: 8-18-2011
CONTRACTOR: Allen+gatchelor Construction
ADDRESS: 1063 Franke Industrial Drive
Augusta Georgia 30909
� City State Zip Code
PROJECT: Cust. Svcs. Metering Div. Bld. Renovations PROJECT NO: RFQ 11-100
At a meeting of the Augusta held on (Date) 8-2-2011
Commission
you were awarded the Contract for the following Project: Customer Services Meterinq Div. Bldp. Renovations
�
` Enclosed please find Five copies of the Contract Documents for your execution. Please complete the
� pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office
10 days from the date of this letter, excluding Legal Holidays.
The Certificate of insuranc and other applicable documents must be completed.
� Power of Attorney must be submitted in triplicate; an original and two copies is permissible.
� Very truly yours,
� , Joe Holland, Construction Manager
'�,�
., � ,
Project C' Manager �`
� � —
Reciept of t NOTICE O 's-inReby acknowledged this, the "' day of ! s,-�`� � 2011
■ � . �
_ �lK^ �"� V •
� Co tractor By itle
Please ign n turn one copy of ihis �ioiice ofi Award Acknowledgemenf io:
Augusta Utilities Department
Attn: Joe Holland
360 Bay Street, Suite 180
�' Augusta, GA 30901
�
�
1 �
■1 ���
i
AUGUSTA-RiCHMOND COUNTY, GEDRGIA
PURCHASE ORDER ROOM 606, PURCHASING DEPARTMENT p�RCHASE ORDER NO.
CITY-COUNCtL N�JNICIPAL BUILDMt3 (11)
AUOUSTA, GEORCiW 50811-5888 page 1 of 1 P198660
�au�smownuo� nw.
08/10/11 43210 R201756
VENDORl1 VENOOR PNONE #
10036 (706) 868-6033
VENOOR
ALLffiJ BATC88LOR CONSTRIICTION ATTN:
1063 FRANKB INDIIBTRIAL DRIVB BIDNUMeER: 11-100
AUGIISTA, GA 30909
tt�NTRACT M:
8UYER: NANCY
S � p �' B � �� AUGUSTA-RICHMOND COUNTY. GE�ROIA
AIIGIISTA UTILITIBS ADMIN RQOM 105� ACCOt1NTINt3 DEPARTMENT
SIIITS 180 CITY-COUNCIL MUNICIPAL BUILDING (11)
360 SAY 3TR88T AU(iUSTA, CiEORCiIA 30911-3988
AUGRSTA, GA 3 0 9 O l ALL INVOICES AND CORRE8PONDENCE NRJST BE SENT TO
ABOVE ADDRESS REGARDLESS OF SHIPPING DESTINA170N.
� , ..�
0001 8A RSNOVATIONS TO CIISTO� 1,173,032 1,173,032.0
SBRVICB
1�T8RIN6 DIVISIOIQ SIIILDIDiG
LOCATBD AT I832 V�YLDS ROAD.
APPROV� SY COD�ISSION
8/2/11, ITBM #2
506-04-3210/54-13120
�
CONDITIONS - READ CAREFULLY
1, TM purdaax ie swsmpt by datus 1mm peymak d Fedxd, �te, and MmidDd
!/IlO, 11mM MA OUIOf �O%M.
2. Sh�ppinpMarpNOroPUaeyNnaa.
s. paymant vae w m�dm on aomp�su o�apmantn omx unNsc wnanw« roqumtee. N ET TOTAL ............. 1.1 T 3, 0 3 2. 0
� a. oe�rvaer neKer wst �cea��n 0000s.
S. No Dack atl�rs. ViM WA nadr KaNilabl�.
6. Rene make deNvafas balwaen e A.M. �n0 a P.M. APPROVEC FOR ISSUE
� 7. All poods rsaivsd w�A wmseOwM pmibpe to inepsd end �etum at VetM�s � ����q
e�snx N tleteUlve a nd in aompllenea wtlh au qadfiationa. t �f { T�i�— �
8. Mdoordeliveryifrwoesssr} � /p //�
�. Ptpnad Nat �0 x�xadinY lo �d. � ����� PURCHASINO AGENT SIONATURE
� _ _ _ BEflIlLSLTl4dEFt _ _ ._._. _ _
�
� . . PvGU T . .
■ NOTICE TO PROCEED
� � o�= -
DATE: 8.18.11
TO: Allen + Batchelor Construction
AttnJohn Allen
1063 Franke Industrial Blvd.
� Augusta, Georgia 30909
RFQ
PROJECT: Customer Services Metering Buildin Division Renovations PROJECT NO: 11-100
You are hereby notified to commence WORK in accordance with the Agreement dated
� on or before , and you are to complete the WORK within 120
. consecutive calendar days thereafter. The date of completion of all WORK is therefore
� Very truly yours,
Augusta Program Management Team
.
.�'''
�,
� Proj t gineer
.
� Receipt of this NOTICE TO PROCEED is hereby acknowledged
This, the day of , 2011
Contractor:
� By.
. Title:
� Niease sign ana return one copy ofi this Notice to Proceed Acknowledgement to:
Augusta Utilities Department
Attn: Joe Holland
� 360 Bay Street, Suite 180
• Augusta, GA 30901
� NP
�
�'
�
�
�
CONSTRUCTION CONTRACT CHANGE ORDER
CO NUMBER
BID ITEM
D�TE
PR�OJECT TITLE
ORIGINAL CONTRACT DATE PROJECT NUMBER
� OWNER AUGUSTr1-RICHMOND COUNTYCOMIVIISSION PO NUMBER
The following change is hereby made to the contract fox the above project:
Description of Change (fox a more detailed descriprion see attached pxoposal):
PAYEE
TOTAI, AMOUNT OF THIS CHt1NGE ORDER $
� The contract time will be INCREASED by 0 calendar days as a result of this change.
ORIGINr1L CONTRr�CT AMOUNT $
� PREVIOUS CHr1NGE ORDER (INCREr1SE) $
� THIS CHr1NGE ORDER (INCRE�SE) $
TOTAI, REVISED C �NIOUNT WITH CH�NGE ORDER $
FUNDING NUNIBER/ACCOUNT NUMBER
y PROPOSED BY: D ` , �'
. CONTRACTOR
� REQUESTED BY: D `�� :
ENGINEER
SUBMITI'ED BY: D `�� :
DEPARTMENT HEAD
� FINr1NCE ENDORSEMENT: D `�'�`
. COMPTROLLER
� RECOMMENDED BY: D `�� :
AllMINIST'RATOR
APPROVED BY: D `�� :
MAYOR
�
.
�
.
.'
SECTION PB
� PERF�RMANCE $OND
Bond No. 6066624
(NOTE : THIS BpIVI? IS ISSUED SIMULTANEOUSLY WTl'H PAYMENT BOND ON PAGE
PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF
LABOR AND MATERIAL.)
� KNOW ALL MEN BY THESE PRESENTS:
�lat Allen + Batchelor Construction, Inc. aS PririClpal,
�l�T81I121�tei C�Bd COn�iaCtOr, 12id Westfield Insurance Company
a carpvration arganized and existing under the laws of the State of on�o ,with
� its principal office in the City of N/estfield Center ,g{�� o f on�o , as Suze#y, .
hereinafter called Surety, are held and firmly bound unto AUGUST A, GE�RGIA BY AND
� THROUGH THE AUGUSTA COMMISSiON as Obligee, hereixiafter called the awner, in the
� pE21AI AIYtOUIlt Of One Million One Hundred Seventy-Three Thousand Thirty-Two & 00/100 j�pj�g �� 1,173,032.00 } for
the payment whereof Contractor and Surety bind themselves, their heirs, exec�tors,
admix�is�ators, successars, and assigns, jointly and severally, firmly by #hese presents for the
faithful perfarnuance of a certain writben agreement.
� WHEREAS, Contractor has by said written agreement dated August 2 zoii
entered into a coniract with Owner for the Customer Services Metering Div. Bldg. Renovations
� Pro�ect in accordance with the drawings and specifications issued by the Augusta Utilities
� Departrnent and the Augusta-Richmond County Commission, which contract is by reference
made a part hereof, and is hereiirtafter refened to as the the CONTRACT .
NOW, THEREFORE, the condition of this obligation is such that, if Confiractor shall promptly
and faithfully perfarm said CONTRACT, then this obligation shall be nexll and void; otherwise it
� shall rentain in fizll force and effect.
� The Snrety hereby waives notice of any alteration or extens�ion of time made by the Owner.
� Whenever Contractor shall be, and declared by Owner to be in default under the
CONTRAC"T, the Owner having perfarmed Owner's obligations thereunder, the Surety may
pramptly remedy the de£ault, or shall prompfly
{1} �mplete the CONTRACT in accordance with its terms and canditions, or
� {2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
� and upon determinaiion by Surety of the lowest responsible bidder, or, if the Owner elects,
upon detez�nination by the Owner and the Sureiy jointly of the iowest responsible bidder,
� arraztge for a contract between sach bidder and Owner, and make available as Work
progresses (even though there should be a default a succession af
1
� PR-T
� ' .
�
,. defaults under the contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completi.on less the balance of the contract price; but not
� exceeding, including other cos#s and damages for which the Surety may be liable hereundez,
_- the amount set forth in the first paregraph hereaf. The teYm "balance of the contract price," as
_ used in this paragraph, shall mean the total aznount payable by Owner to Cantractor under the
-� Contract and anyamendments thereto, less the amount properly paid by Owner to Contractar .
�
� Any suit vnder this bond must be instihxted before the expiration of two {2) years
from the date on which finai payment t�nder the CQNTRACT falls due.
_�
- No right of action shall accrue on this bond to or for filie use of any person ar
_ corporation other than the Owner narned herein or the heirs, executors, adz�.inistrators or
� successors of #he Owner.
_�
_1 Signed and sealed this ' 1sth day of AugUSt A �. 2Q 11 .
� ��
wltrleS3 •� Ailen + Batchelor Construction, Inc. �r���
_ (Contractor}
�
" Atbest i By � • (S�aI)
■ {Title)
_■
w
��
_ wltllE'.33 Westfield Insurance Company r���
i
. Ki berly J. Ferris /StX�e��
l
�
_� � ,_
� Attest By ,
- J nn' er Scott ITl�
l� 1
� Bradford W. Bush, Attorney-in-Fact
_�
-.
_.
-�
_�
• PB-2
�
THIS PC�NER � A7TVRMtr 3UPtHt:�YES ANY PRtMtWIS Pt79�tit RfCNK11Wi tn�a �c
.
a�� � a,�,r�a r��u��r na� ro a��i�, � n�+v P��s� o� va�sr�s �a+��o ��r.
Ft�1�VER Nt?. Q�+8�T2 02
Gen�ral
�a�rer Wes�tfeld Insuranc� Ca.
� of Attarney V� es�'ield Nation�! Insurance Ca�.
c�R� eo�Y t?hicr Fa�mer� 1�surance �r�.
Westfield Center, Qhia
kt�o4v RI► Men by TI►BS8 Prtsenls. Thaf WESTFIEL� ihISURANGE G{3MPANY w�ss����o r,ar�c��At it�su��t�c� co�►aar�� �r,a o�io
FARMERS 1NSURANCf COMPANY, corporafions, ttereinafte� reierr�sci ta indfvtciu�lty as a'Ct>mpany" and col9eatively a5 "Camp�sra�ts,` ctuty .
organized anG sx�sting undsr ihe laws oi the 5tate of Ot►ira, and having its p�rincipat otf"sce in Westtietd Cdntcr Madina Ccte�nty, C3hto, dti tay these
presertts make, cqrtstftute 8nd 8ppoiai
TH�RESA G. FU4ZEL, dUWTH L. DUPRiES. BRADFC�t#31N. Bt{SN� iCYLE C., YV1fiTlwht(. CLARENCE F. OREENE, lii�
JCNNTtY OR 5�ti/ERAtLY
� of JACKSANVt4lE and State of FL iis true and l�wiul Attarr�ey(s)•in-Fact, wlth f+�li powe� �nd authcsrity lscreby �tanierraci in its nar�t�,
place �nd sEead, to execute, acknrnalgcige and dat�ver an�t �rad adl baAds, rsco�tdta�nces, ��, � oMwer ie�� er t�racis of
�� ..............................d...---._..___.______.._._..... :
Lit�tItATIQN: TNIS PCCa!WER G� RTTQRNEY CANN4T BE USED TQ p(ECUTE I�O'fE GUARANTEE. IYlCRTt�At3E DEFICiENCY, MC�tTQ�AI'�E
�1i��. f,'�i! BANK QEPO�SITrDRY BCN�IpS.
a�nd to bind any ot the Campaniess tners4y as tutty and to the sema exteM as �[ suct3 t�arzds were sMgned by tne Pres�dent, seai�sd with the corporate
sea# of fh� a�licable Company and duiy attested by fts Secretary, hereb� ratttying �nc! umflrmiruu� �10 tnst the s�id Attr»�ney(�)-in-�aet may cio in
the premis+�s. S�icE appainRmer�t Is made under �nc! by autha►ty ot the foikawing rasotution �dopted by the 8t�rd ot tNrectors ot esch af the
WESi'FIELD iNSURRN�E COMPANY, WESTFiELQ NAtlQPtAI. INSURANCf Ct7MFANY �r#0 C)Hi0 F1�4RMERS iFt5URANCE COMPANY:
'Be tt Resataed, ib�t the PresEdent, any Senia� E�cecutiv�, any Sect�ary or any Fideliiy & Surety C�er�tacros Exetutive or o#her Ex�utia� sh�ft
be and 1s hereby v�sted w�th futt p�wvsr and aut#►ority to appoint any one +ar more suitabte perso�s as Attar�y�s)-ir�-Fact to represent and aci tor
arrd c�n b�lf nf the Cr�mp�ny sut�Ject ta tite foflorring provisi�s:
Tha A#ornay-fn-FaG�. may t� given fuli R�er �nd aathority inr anq in the n�me af and on t�enaif af the C�arnp��y, to e�ute, acknaw4ecfge �nd
� Ostiver, any and ail bonds� rer.og�fzances, contracts, a�ree�ents af ir+demnity encf othar ccs►retttbvnal or c�li4at+orY undertakings and sny and a�E
ncitices antl documents c.�er►aeiir�� w termMnatit►� tns Ccrmpany's liabilitp fhereander, and �ny such �nstruments so e�uYed by any such
Atiarney-irs-�r�ct shail be as trinding upon the Cornpany as if signed by the President and saaled an# attesCed by tha Corpor+�te 5ecretery."
� "Ba it FurtAer Resotved, that the signature of any such desfgn�st�c! person and ihe seal of ihe Cc�mpany heretotore or herc�aiter sfY�d ta any
paw� af attorney or any certiticate r+�atFng tt►er+� by fac�imile, and any power ot �ttorncy vr certiftcsie De�rrng faCSimile sfgnature:s pr tacsimite
� SeaE st��lt he v8#id and #slntkng upqm the Compafwy wtith respect to any bnnd or undettaking fo v+rhaCtt if !s a#t�cried." (Each �t� 8t a meet�rt�
hetid cu► February 8, 2000�.
tn Wf#ness Whereof, WES?FtELp INSURANCE COtytPANY, WESTFiELC1 NATlC�NR� lNSURANCE CQMFAAlY and OHlCt �ARMERS It��URANCE
CQMPANY havt Cau�l #t�ase preserttS to be swgned by the#� S+edor Execvtive and th#€r cOrRarate se�is ta be hereta afi��st# this +D6� day oi
dtli it` A.L?., Ztl11 .
.��ti�i�.x s
�°s���`$ ,�,s��r,e,� �, WESTFIEl.D fNSURANGEGQMPRNY
ntt+�ed �,,,"�'.�, I � ,a �'.•• f.•, `��.� ,""..�,... W�STFIELG► NATtQNAL INSURRNCE COMPANY
� � � ;�`�• ,�'.�'' �,�,. C?H4Q FARMERS INSURANCE COtrAPANY
+�� ' � . �:.�' r ' `
'" ��"�a�a , "r"'�� '" -
� '�j• .�. �" :`�'''-,: :, ,: '�j r �' � 1e4� ; ' �` �,����%', �� '
=:.�" •. ,,._ � '• .w..-•`' ; �
� State at ��o +��'''•'•••�#•••,,,•''•' '�'w" By Richard L. Kinnsird, Jr., Nalrona! Surety Leader and
� county nf M+sdEna ss.: S��►ior Executive
{?n this �i6th Gay ot aULY A.D., �Q1t , betore m� personelly camC Rkhard L. Kinnsird, ,iT. ta me kncwrn, who. bel�sg ky ma duly
s4YOi"11 dtd dBpOSt 8ftd Say, Lhelt tF8 rCSideS i4t MllN��t1. Qfi�Oe th8t 11� iS Sertiar Exatuttve af WESTF!€lA iNSt1RANCE CaMPANY� WESTFIEL,D
NATI(3NAL �N9URAhiCE CO�APANY a�►q QHtO FARklERS iNS4tRANCE GQMPANY, th� campanies descril�ai in antf which a�uted the above
instrurner►t; th�t he kno4NS tt�e �eatS afi 5aid Ccm�pande�; th8t the seals aflixaci to said fnsirument ars such corporaEe se�tls; that ihey were sO aitiscecf
by order of the �oerds ot Diractors vt s81d Campanies: ar�c3 that R� siqned his name thereta by like rxder.
NOf31i8� r
SeatC at A � �` •
� AfCixe� e��':�����fi'��1+
'�" 1 "'„'� Y"
� � � VI�Niam J. Kshelfn. A ney at Law. Notary Aublic
State ot t�t►io tl► Y '�` o I,Ay Corrrmissipn Dnes Not E�ire (Sec. 147.Q3 Ot�io Revisad Coda)
� County at Medin� ss.: �,y +t�`
�'�a�'
!, Frank A. Carl31'10. Sscretary pf VAiESTFt�LC? lNSURANCE CA�ulPANY, WESTFIELD NATI(?NAL tNSURANCE COMPANY and QHIS'a FAtRiwFER5
INSURANGE CtlMPANY, tics hsret�y ceetfiy ihai the at�ove and for�nQ is a true and corred copy at a Pa�wer of Attarney, ew�uk�d Dy said
Cvmpanies, vMhiCh Is st+(t Irt fuif iprae �nd sflect; and lurttte�mpr�, tt+e reso+utions ot the Soards o/ Rir�t�s, set out in the Pa�Ner a} Attorney are
[fs tu!# itx'G� �tKi r�t1e�.
{n Witinass Whesr�ot, 1 ha�ve hereunto set mp hand and aifi�f the seats of said Campanies at Westfleid GeMer, C}hio, ihi� 18th aay af
� August �, ., 2011 � , ,.a,....,.. ' �
�,Y �`. `��d}N* tt. t '°`"�"""�t"
. �+�, " �,F , ,.•'�;.. ..�%�.; .�'' Y ,...., �"`�'�►
��
��' � ' `°'' :� � � " ' : �j f �
? "r•' , � : .���_ �_.
� �,�► �� y � � S�:�I. ?� � t� i � �i"�Ay*�'{ � s.ar�eror�
� ' .
�`.�, ,�`�.���,� =.��., ,,:�.� : �, : 1i1�4H •� � Frar�k A, Carrina, 5ecretary
'� • � • :;;.•�'" :'
� ����xs�t�� e ��N• * � K ��� ��i�yar�+��
�' Raner_� r.�,.�,ti��„�ti �as.n�t
�
• SECTION PB
� LABOR AND MATERIAL PAYMENT BOND
Bond No. 6066624
N�TE: THIS BOND IS LSSUED SIMULTANEOUSLY WTTH PERFORMANCE BOND
ON PAGE P&I, IN FAVOR OF THE OWNER CONDITIONED FOR 'THE
PERFORMANCE OF THE WORK.}
� KNOW ALL NIEN BY THESE PRESENTS:
• •I•ha# Allen + Batchelor Construction, mc. � P �� P � /
�
hereinafter called Contractor, ailC� Westfield Insurance Company
a corporation organized and existing under the laws of the State of with
� 1t9 prinCSpal offiCe i11 the City of Westfield Center , S�dt2 Of Ohio aS
. Suxety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY
AND THROUGH THE AUGUSTA-RICHMOND COUN'TY C(�MMISSION, as Obligee,
� hereinafi�ercalled the Owner, for the use and benefit af claixnants as hereinbeiow defined in the
gIIlp�lIlt pf One Million One Hundred Seventy-Three Thousand Thirty-Two & 00/100 ��� �� 1,173,032.00 �
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally, firmty by these presents.
� WHEREAS, Contractor has by written agreement dated august z, zoii entered
. into a contract with Owner for the Customer Services Metering Div. Bldg, Renovations Proj,ect in
accordance with drawings and specificaiions issued by the Augusta Utilities Deparhnent and
� A�xgusta-Rich�mond County Commissio� which contract is by reference made a part hereof, and is
hereinafter referred to as the CONTRACT .
NOW, THEREFORE, the condition of this obligation is such that, if the Contractor
shall prompfly make payment to all claimants as hereinafter defined, far all labor and material used
� vz reasonably required to use in the perfvrmance of the CONTRACT, then this obligation shall be
void; otherwise it shall xemain in full force and effect, subject, however, to the following conditions:
�
� (j) A claimant is defined as one having a dizect contract with the Contractor or with a
subcontractor of the Contractor for Iabar, material, or both, used or reasonably
� required for use in the performance af the contract, labor and material being
� construed as to include that part of water, gas, power, light, heat, oi1, gasoline,
telephone service or rental of equipment directty applicable to the CONTRACT .
�, (2) The above named Contractor and Surety hereby jointly and severally agree with the
� Owner that every claimant as herein defined, who has no# been paid in full before
� the expiration of a period af ninety (90) days after the date on which the last of such
�
�
■ I P�
�
`
� claimant's work or labor was done or performed, ar materials were fumished by such
claimant, may sue on this bond for the use of such clairnant, prosecute the suit to
final judgement £or such surn or sums as may be jusfly due claimant, and have
execution thereon. The Owner shall not be liable for the payrnent of any costs or
expenses of any such suit.
( 3) No suit or action shall be commenced hereunder by any Clairnant,
� ��� Uniess claim.ant, other than one having a direct cantract with the Contractor,
shall have given written notice to any two of the following: The Cantractor,
the Owner, or the Surety above named, withixl ninety {90) days after such
cla7ix�nant did or performed the last of the work or Iabor, or furnished the last
of the materials for wluch said claim is made, statixig with substantiai
accuracy the amount claimed and the name of the party to whom the
materiais were furnished, or for whom the work or Iabor was done or
performed. Such notice shall be served by mailing the same by regisfiered
� mail or certified mail, postage prepaid, in an envelope addressed to the
Contractor, Owner or Surety, at any place where an office regvlarly
� rnaintained for the transactian of business, or served in any manner in which
� legal process rnay be served in the state in which the aforesaid project is
located, save that such service need not be made by a public officer .
{ b> After the expiration of ane { I} year following the date on which Contractor
ceased wozk an sa.�id CUNTRACT, it being understood, however, that if any
lunitation embodied in this bond is prohibited by any law contralling the
� construction hereof, such limitation shall be dee�med to be amended so as to
. be equal to the m;n;m period of limitation permitted by such law.
� �°� Other than in a state court of competent jurisdiction in and for the couniy oz
other political subdivision of the stafie in which the praject, or any part
thereof, is situated, or in the United States District Court for the district in
which #he project, or any part thereof, is situated, and not eLsewhere.
� � 9 1 The amount of this 'bond shall be reduced by and to the extent of any payment or
payments made in gaod faith hereunder, inclusive of the payment by Surety of
� mechanics' liens which may be filed of record against said improvement, whether or
� not claim for the amount of such lien be presented under and against this bond.
�
�
�
n�
__
� �igned an� sealed this �� day o# �tL��' A. D. 20 <<.
Allen + Batchelor Construction, Inc. ����
�1111�SS
{Cantractar)
�
Attest B �' � � ����
� (Tit�e}
�
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Westfield Insurance Company r �l�
NT7.111QSS �
Kim rly 1. Ferris {5�g{��
Att�6t + B y ��� � �'��
� Jen ' er cott �'i�e}
� Bradford W. Bush, Attorney-in-Fact
�
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�, PB-5
� TH#S POw�R oF ATro�trter suf*�sc�ues npr rKerrcws rvwtee o�Arci� �n�a �c
' �tJ{NER � AND IS�uED PRI�t 1'Gi q7lID�11. FQR ANY PERSOI�I tNR PERSdMS NAl�1E0 BELQrW.
Genera i �pw��t r�o. o�aa��2 o;t
�' pawer V�estfeld #nsuranc� Co.
1� o� �ttornev �est�'ie�d �1a�iona� Insuranc+� Cc�.
c�������a cv�,r t3h�o �armer� �nsuranc�e �c�.
westfieid Center, dhio
Kno�er At► Man by Tt+ese Presedts. Thaf W�STF1ELt� iNBURANCE GC�MtFRNY, WESTFfELD NATit)NAL lNS�iRANCE GQMRANY and �JHIE}
FARMERS INSIlRANCE CC7AAPANY, corporations, hereinatter reisrr�l lo ind#v[dualiy as a'Cexnpany" ar�d cOi9ectivtsly as °Comp�nfes,' ctuty
� organized s�nd tat�stin� untfer' ihe laws at ihe Stafe ot C�ia, and hav�ng its prinr�pat ot�ac� in WestTioEd Center Medins Cc�nty, Ohitt, dt� by these
pres�ts m�k+e, cvrtstitute and aPPoint
THERESA G. NAZ�I„ JUtxtTH L. OUPAtES. BRADFOt�i? W. BUSH, KYLE C. WlfltiYlAN. CUIRENCE P, t�R�ENE, lii.
. ,lC�NTt,Y OR 5fl11:RARLY
� oR dJICKSONVtt.L,E and State ot F1 its true and lawiul Attorr�ey(s)-tn-F�ci, wtih full povrer and autharity hereby r.vnfeo°reci in its name,
places and stead, to exeCe�te, acknawiedqe and dei[ver any �d a� bonds, rscagr�ixances, u�d�^tak&�gs, o�^ olher r��s ol
suretyship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i�1s�tMeNer�t_ or . . . .
U�1T/1TION: THt� Pt7MlER OF ATTCRkEY GANNOT B6 U�CED T4 pfECUTE N07E G1�AFIANTEE. iIOR?'t3At3E DEf1GtENCY, MCNtt`E��Af3E�
�"li�T�, tNt BANK DEPO�SITORY B#�IQS.
arttt to t�#nd any ot the Comps�ni�ss thBreby as tully and t�a the sams e�d�nt as if such Dpnds were signed by tR� President se+at+gd r�ith the �poraCe
seaf ot th�s a�sitcable CamPany and ttuiy attestec# by iis Sec,�etat`y, hereby ratdfying and Gonfirming al! that the sa#d AttorneY(�)-in-Fact may do in
the premises. S�d appolntment !s made under anct by aumwity of th� fat�vwi�g rescslution adoysfed by the �cs�rd t�t t�rectcars ot eact� ai the
eac
WEST�f�e�t3 INSURANGE CAMPANY, WESTFIEID NATlONAt, 1N8URANGE Ct)MPAMY �r#d fJFtifJ �RRMERS tNSURRNCE CCtA+4PANV;
'Be i� R+ssalved ihai the PresFCfent, any Seniar Eu�ecut�ve, any Setxetary or any Fidel�2y & Surety C?peratians E�utEVe or other Ex+�tRive sh�tt
ba and is hereby vestctti with tu1! Pu�er and author►ty to appafnt any crne cx mare suitabt� pergor�s as �tttar�eY(s?-f�-Fact to r�prese�nt and �# t€�r
and an bsh�Pf af the Campany sub�ad to the fW4owing provisions:
The �ttorney-fa-FaGG may be �+iven fiuli power �ntl authority tvr and fn the name of and an behpstt c�f the Ccsmp�ny, ta exacute, acicnowledge anr3
� detiver, arty and a44 trc�nds, �e�c�gn#zar►cas, contracts, agr�mec�ts os fnde,mnity and athsr candifEana3 or obl+gatary uncb�rt�kfngs �and any ancf at6
ROtiCes �fltl dOCUmCnts G�itG9it►iq of te►i►lf�8titt� C11B COtrlp,�fly'S lfetS�ll'tty f1�8fCttt►d�. 8►lt! 8tty 9uGh trtstruments sa ax�auted by an� 5l�Gh
Atiofnsyan-Fact shati bs as hindin$ upon !he Cq�mpany as it slgned by the President �nsi sealed and sfttestecJ by the C�r'�rar`ate Secretary •
'8a it �urtirer l2asQJved. that the siqnature ot any suet► de.si�nated persan and ihs sea! at th� Company heratofore cu t�erealtier affixed ta any
� payvev of attarney or any certific2�te r�ating tfier`eto by f�csimite, and �rey Po�irBr o# attorncy or CBrtiRcste be�r4fitg f�CSStnite sigse2tture� r�r 48�simile
� seal sh�tt he vatfd �nd binding upon the Canr�any wlih r�q�ct to any bEand ar undert�king to which it I5 aif�ad." {�ach $dopt�! ai � m�titrq
hald a� Feb�uary 8, 2a(�0�.
tr+ Witttilss Whe�eDf, WESTFtELt7 INSURANCE CAMPA�#Y, WESTFtELLI NATlONkL lNStlRANC6 COkAPAPtY anci C)HIO ��ARtNERS INSLtRANCE
CAMPANY have cau9ed th�.se presents ta be signed by their �aeior Execu�ra ancf ti►�sir cqrPorate sa�is to be hereto atT�aus�! t�is (i6M day ot
JiiLX A.U., 2Qf1 .
Cor�4Xdte . •���•�� �
,�,:a� .R �ti�►��.; �• � �'"""` WESTFl�LD fNSURANCE Ct)MPAt�Y
s�a�s ,, n- ... �V ''-., �
.�tri,csa o,,�' � I' �' ••• �'� : ,,��R•".,, WESfiF(ELt3 NATf4NE+�i. !NSlIR/�NCE C4A+�PANY
�'e a ` ' � •;�' : • ? C3HIG2 FARM�RS INSURANCE CO�APA�fY
�� � :u �:�'i; �'`+��;
� ��:.�+ � : f.-; ��;,�., '
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5tat� ot on�o ' � r ''"��.•�* �,.••,•� .•'�. ,��""'� y Rict�ard L. Kinnaird, Jr., Nat�on�! Surety Leader �nd
� Courrty at Mesdtna ss.: Se�ior Executive
C?n #hi� Q6th cfay ot JU4Y A.D., �ltt , be�fore rrae pe�'son�iry r.amc Rkhard L. Kint�r�t, J�. to rr� known, whc t�ing ts�i ma du�y
sv�rorn, d1d depust and say ihat t►e rGSic� in �NedMa, �: that he �s Sertfor Executhre of WESTFtEL[) INStJRANCE COMPANY� WEST�►ELD
NAThONAi. 1N�URANC� t,�1MPANY and Otllt� FARMERS tN�URAMCE GOIulPAMY, the compantes descrittied 1n and which e�ecut+xt the abcave
insirumer�t; th�t he knaavs the s�ars a# said Companl�s; ihat the seats a�i� tn said lnstrumant are �uch corporate seals, ihat they wera so atti3ced
by arder of the 8oerds ot Dir�tars Qt said ComQas�ie�s; ancf that i�e sigr►�xi his name thereta by iike order.
Nata�at
58art i �
� ,�;� P a� A �.. s '
� ��1�t1�'t� �
� ' � Y * N�tltam J. Kahelin, A ney af Law, Nata�y PuD/ic
� SEe�te ot i�rio +p� �' ` 4 My Commission Does N�t E�pire iSec. 147.� C3kt10 Revis+Dd Codey
Cqunty ot J4dedina 5s,:
y �,�, ¢ � p #`
1, �e^ank A. C�rritw, S�€cretary oi WESTf1ELD iNSURANCE CU�uiPANY, WESTFtEIA NATIC)NAt� tNSURANCE CAMFANY and QHIO FARt�AERS
INSURANGE Ct�MPANY, da hereDy cartity tha� the rabava and }�rsgotng is a true �nd correct ca�ty at a Pawer ot Attorney, executed by said
Companie�� Wh1Gh IS S�IIi I�t fI31! fK)t`C8 8hC @1[�Ct: �titJ fU1Ttt@.�tT#CTfP,�»� tlae r�sa3uttor�s of the 8oards of Dlrecto�s, set out in ttae Pc�ver af Attomey are
in tU{E fqtc� ancJ efiect.
!n I�itrrctss Wt��rsot, i h�ve her�un2o set my hsnd and aifi� ttse seaks of said CamRanies at VVest�ielcl Center, Ohio this 18th day at
� . - !�
August A 2011 .
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� �+'q�:�4� Y.� P��C�t`1�4t, /,����+*� ���,,� q ��� +! �
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�''�,,,,,�'�,',,,+r��r� . a; .�'��- � : '��'�'� ••" .� Frank A, Carrino Seeretary
•�, ,.r ��. * ,
'.� r �a'� � i+� ::
'+'.+ .. r ��+ '� �
�t�.ue�er�.� `�ipsws+�'
RQAA["'J treaa»hin�►el1 IQ8.1'#2S
y
�
� Revision Date .
July 2011-JRH
GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated, which are applicable to both the singular and plural thereof:
� Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by
OWNER to prospective Bidders prior to the time of opening of Bids.
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be perFormed;
other Contract Documents are attached to the Agreement and made a part thereof as provided therein.
Application forPayment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required by
the Contract Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) forthe Work
� to be performed.
� Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR
and its Surety in accordance with the Contract Documents.
� Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and
OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price
or the Contract Time, issued on or after the Effective Date of the Agreement.
Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's
Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the
� Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the
Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically
� identified in the Agreement; Certificates of Insurance; Notice ofAward; and Change Order duly delivered after
� execution of Contract together with all amendments, modifications and supplements issued pursuant to
paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement.
Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated
in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph 17.2.1) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement.
� COUNTY-Richmond County Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the
Augusta-Richmond County Commission, and its authorized designees, agents, or employees.
Day- A calendar day as is specified in the bid documents. If a calendar day shall fall on a legal holiday, that
day will be omitted from the computation for project completion date. Legal Holidays: New Year's Day, Martin
Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following
Friday, and Christmas Day. If CONTRACTOR is requested to not work during MASTER'S WEEK that week
will be omitted from the computation, but no claims for additional compensation to CONTRACTOR will be
allowed by OWNER.
� GC-1
Page 1 of 53
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� . Aevision Uate
July 2011-JRH
Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or
deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to
PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10).
Drawings-The drawings which show the character and scope of the Work to be performed and which have
� been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents.
Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no
such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia.
Field Order-Awritten order issued by PROFESSIONAL that modifies Drawings and Specifications, butwhich
does not involve a change in the Contract Price or the Contract Time.
General Requirements-Sections of Division I of the Specifications.
� Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders.
Notice ofAward The written notice by OWNER to the apparent successful bidder stating that upon compliance
� by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified,
� OWNER will sign and deliver the Agreement.
Notice to Proceed-A notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL)
fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to
perform CONTRACTOR'S obligations under the Contract Documents.
OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission.
� Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a
� related purpose) before reaching Substantial Completion for all the Work.
� PROFESSIONAL-The Architectural/Engineering firrn or individual or in-house licensed person designated to
perform the design and/or resident engineer services for the Work. In some cases the OWNER may opt to
perform activities indicated to be handled by PROFESSIONAL- at the OWNERS discretion.
PROGRAM MANAGER — The professional firm or individual designated as the representative or the OWNER
who shall act as liaison befinreen OWNER and both the PROFESSIONAL and CONTRACTOR when project is
part of an OWNER designated program. Some projects mav not have a PROGRAM MANAGER assigned. If
there is a PROGRAM MANAGER assigned, they will be identified within the contract documents.
Project-The total construction of which the Work to be provided under the Contract Documents may be the
� whole, or a part, as indicated elsewhere in the Contract Documents.
ProjectArea-The area within which are the specified Contract Limits of the improvements contemplated to be
constructed in whole or in part under this Contract.
Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his
successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having
in charge the work embraced in this Contract.
GC-2
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July 2011-JAH
Resident Project Representative-The authorized representative of PROFESSIONAL or PROGRAM
MANAGER who is assigned to the site or any part thereof. NOTE: The OWNER may elect to have their own
Inspector oversee and or inspect the project in lieu of a Resident Project Representative.
Shop Drawings-Ail drawings, diagrams, illustrations, schedules and other data which are specificaily prepared
by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and
submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.
� Specifications-Those portions of the Contract Documents consisting of written technical descriptions of
. materials, equipment, construction systems, standards and workmanship as applied to the Work and certain
� administrative details applicable thereto.
Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other
SUBCONTRACTOR for the perFormance of a part of the Work at the site.
Substantial Completion-The Work (or a specified part thereofl has progressed to the point where, in the
opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial
� Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or
specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued,
when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and
t "substantially completed" as applied to any Work refer to Substantial Completion thereof.
� Supplementary Conditions-The part of the Contract Documents which amends or supplements these General
Conditions.
Supplier-A manufacturer, fabricator, supplier, distributor, material man or vendor.
Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
� such facilities or attachments, and any encasement containing such facilities which have been installed
underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum
� products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems, or water.
� Unit Price Work-Work to be paid for on the basis of unit prices:
Work-The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as
required by the Contract Documents.
Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or
� revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to
be performed as provided in paragraph 4.2 or 4.3 �r to emergencies under paragraph 6.22. A Wark Change
Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that
the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract
Time as provided in Article 10.
Written Amendment-A written amendment of the Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering
GC-3
� Page 3 of 53
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� Revision Date
,7uly 2o11-JRH
or non-technicai rather than strictly Work-related aspects of the Contract Documents.
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GC-4
� Page 4 of 53
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� Revision Date
July 2011-JRH
ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
� Copies of Documents:
2.2. After the award of the Contract, OWNER shali furnish CONTRACTOR, at no cost, one (1)
complete set of the Contract Documents for execution of the work. Additional sets of the project manual and
drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY
upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges
for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
� 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed
� may be given at any time after the Effective Date of the Contract.
� Starting the Project:
2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall
be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR
prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR.
Before Starting Construction:
� 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
. Contract Documents and check and verify pertinent figures shown thereon and all applicable field
� measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall
be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract
Documents, if CONTRACTOR knew or reasonably should have known thereof.
2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the
� General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review:
2.6.1. an estimated progress schedule indicatmg the starting and completion dates of the various
� stages of the Work:
� 2.�.2. a arefiminary schedu{e of �hcp Crawing and �ample �ubmissions, and
2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of
items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to
serve as the basis for progress payments during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at
the time of submission.
GG5
� Page 5 of 53
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� Revision Date . .
July 2011-JRH
2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identi�ed in the Supplementary Conditions, an original policy or certified copies of each
insurance policy (and other evidence of insurance which OWNER may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with Article 5.
Pre-construction Conference:
2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER ,
� PROFESSIONAL and others as appropriate will be held to establish a working understanding among the
parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling
Shop Drawings and other submittals, processing applications for payment and maintaining required records.
Finalizing Schedu/es:
2.9. At least ten days before submission of the first Application for Payment, a conference attended by
CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the
schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10)
calendar days to make corrections and adjustments and to complete and resubmit the schedules. No
� progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to
OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to
. OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any
specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL
� responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and
Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for
reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by
PROFESSIONAL as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
� maintaining the schedule, including updating schedule. Schedule updates shall include progression of work
as compared to scheduled progress on work. Schedule updates shall accompany each pay request.
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� GC-6
Page 6 of 53
� � Revision Date
July 2011-JRH
� ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
� AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agreement befinreen OWNER and CONTRACTOR
concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as
� if called for by all. The Contract Documents will be construed in accordance with the law of the State of
Georgia.
S
� 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment
that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as
being required to produce the intended result will be supplied whether or not specifically called for. When
words or phrases which have a well-known technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning.
� 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
. amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the
Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy befinreen
� the provisions of the Contract Documents and the provisions of any such standard, specification, manual,
code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the
provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided
in paragraph 9.4.
3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the Laws or Regulations of any governmental authority, whether such reference be specific
or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect
at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may
� be otherwise specifically stated in the Contract Documents. _.
3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any provision of any
such Law or Regulation applicable to the perFormance of the Work or of any such standard, speeification,
manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to
PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a
written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to
OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract
Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof.
� Amending and Supplementing Contract Documents:
� 3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the
� Work or to modify the terms and conditions thereof in one or more of the following ways:
3.6.1. a formal Written Amendment,
� 3.6.2. a Change Order (pursuant to paragraph 10.3), or
�
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3.6.3. a Work Change Directive (pursuant to paragraph 10.4).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a
Change Order or a Written Amendment.
3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized in one or more of the following ways:
� 3.7.1. a Field Order (pursuant to paragraph 9.5).
3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and
6.26), or
3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4).
Reuse of documents:
� 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire
any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any
� thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall
� not reuse such Drawings, Specifications or other documents (or copies of any thereofl on extensions of the
Project or any other project without written consent of OWNER and PROFESSIONAL and specific written
verification or adaptation by PROFESSIONAL.
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ARTICLE 4-AVAILABILITY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
� Availability of Lands:
� 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is
to be pertormed, rights-of-way and easements for access thereto, and such other lands which are designated
� for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be
borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or
extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's
furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials and equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification
� of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been
utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have
been utilized in preparing the Contract Documents.
4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such
reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such
reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER,
PROFESSIONAL, or any of PROFESSIONAL's Gonsultants with respect ta
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but
� not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions and programs incident thereto, or
, � 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any
such data, interpretations, opinions or information.
4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurtace or
� otherwise concealed physical conditions which differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those
. ordinarily found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly
� before conditions are disturbed and in no event later than 48 hours after first observance of the conditions.
4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they
differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for,
performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable
adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine
that the conditions at the Site are not materially different from those indicated in the Contract Documents or
� are not materially different from those ordinarily found and that no change in the terms of the Contract is
justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be
, GC-9
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performed after direction is provided by the PROFESSIONAL.
Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the site is based on information and data
furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless
� it is otherwise expressly provided in the Supplementary Conditions
4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of
any such information or data; and
4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall
have full responsibility for reviewing and checking all such information and data for locating all Underground
Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of
such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph
6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as
� having been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to
� the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not
� reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof
and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22,
identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to
OWNER and PROFESSIONAL. PROFESSIONALwill promptly reviewthe Underground Facilityto determine
the extent to which the Contract Documents should be modified to reflect and document the consequences of
the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to
the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of
� such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the
. existence of any Underground Facility that was not shown or indicated in the Contract Documents and which
� CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree
as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and
12.
Reference Points:
� 4.4. OWNER shall provide Engineering surveys to establish reference points forconstruction which in
PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
� Requirements), shall protect and preserve the established reference points and shall make no changes or
� relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL
whenever any reference point is iost ar destroyed or requires re{ocatian because af neces�ary changes ir�
grades or locations, and shall be responsible for the accurate replacement or relocation of such reference
points by professionally qualified personnel.
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive MateriaL•
� GC-10
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July 2011-JRH
4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be within the scope of the Work and which may
� present a substantial danger to persons or property exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor,
� Suppliers or anyone else for whom CONTRACTOR is responsible.
� 4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition
and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and
PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such
hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in
connection with such hazardous condition or in any such affected area until after OWNER has obtained any
required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such
condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any
special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot
agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or ContraCtTimes
� as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR
to be reSumed, either parly may make a claim therefor as provided in Articles 11 and 12.
4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such
Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous
conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot
agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times
as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in
Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces
or others in accordance with Article 7.
� 4.7.1 The provisions of 42 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum,
. Hazardous Waste or Radioactive Material uncovered or revealed at the site.
�
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July 2011-JRN
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal
� to the Contract Price as Security for the faithful performance and payment of ali CONTRACTOR's obiigations
under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when
final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract
Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary
Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents
and be executed by such sureties as are named in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published
in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds
signed by an agent must be accompanied by a certified copy of the authority to act.
Licensed Sureties and Insurers; Certificates of Insurance
� 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained
. by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized
� in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds
signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance
companies shall also meet such additional requirements and qualifications as may be provided in the
Supplementary Conditions.
5.22. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in
5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of
� insurance (and other evidence of insurance requested by OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain in accordance with 5.3.
� 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
� insolvent or its right to do business is terminated in any state where any part of the Project is located or it
ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute
another Bond and Surety, both of which must be acceptable to OWNER.
CONTRACTOR's Liability Insurance:
� 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other
insurance as is appropriate for the Work being perFormed and furnished and as will provide protection from
r claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of
the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed
� or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of
them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar
employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of
� CONTRACTOR's employees;
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� GC-12
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� Revision Date .
July 2011-JRH
� 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
� than CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any
person as a result of an offense directly or indirectly related to the employment of such person by
CONTRACTOR, or (b) by any other person for any other reason;
5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of
� tangible property wherever located, including loss of use resulting therefrom;
� 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or
� death of any person or for damage to property; and
5.3.7. Claims for damages because of bodily in�ury or death of any person or property damage arising
out of the OWNERSHIP, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less
than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law,
whichever is greater. The comprehensive general liability insurance shall include completed operations
insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or
other evidence thereofl shall contain a provision or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to
� OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in
effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain
such completed operations insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of such insurance at final payment and one year thereafter.
Contractual Liability Insurance:
5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual
liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33.
�
OWNER's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance,
and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will
protect OWNER against claims which may arise from operations under the Contract Documents.
Property lnsurance:
� 5.6. Uniess othervvi�e provid�d in the Supplementary Cb�iditions, OWNER shall purcha�� �nd
maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such
� deductible amounts as may be provided in the Supplementary Conditions or required by Laws and
� Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors,
PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all ofwhom shall
be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage
and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as may be provided in the Supplementary
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Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss
or incurred in the repair or replacement of any insured property (inciuding but not limited to fees and charges
of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). if not covered under the "ali risk"
insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and
maintain similar property insurance on portions of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for Payment.
5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property
� insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include
the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's
consultants in the Work, all of whom shall be listed as insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or other evidence thereofl required to be
purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at
least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver
provisions in accordance with paragraph of 5.11.2.
� 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to
protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible
amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amountwill
be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other special insurance be included in the property
insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been
� procured by OWNER.
� Waiver of Rights:
� 5.11:1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages
caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and
5.7 and other property insurance applicable to the Work, and also waive all such rights against the
Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in
such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract befinreen
CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of
� OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as
, insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the
proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued.
� 5.11.2. OWR�ER and CONTRACTOR int�rd that policies providzd in rzsp�nsz to �aragraphs 5.� and
5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by
the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event
of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named
as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by
PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms
� are required of any Subcontractor, CONTRACTOR will obtain the same.
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Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be
adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may
appear, subject to the requirements of any applicable mortgage ciause and of paragraph 5.13. OWNER shali
deposit in a separate account any money so received and shall distribute it in accordance with such
� agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work
shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost
thereof covered by an appropriate Change Order or Written Amendment.
Receipf and Application of Insurance Proceeds
5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's
exercise of this.power. If such objection be made, OWNER, as trustee, shall make settlement with the
insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any
� party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper
performance of such duties.
�
� Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance
required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on
the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing
thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph
2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of
� insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7
on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in
� writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with
� paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in
respect of insurance provided by each as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of
such insurance purchased by the other as complying with the Contracf Documents.
Partial Utilization-Property Insurance:
� 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with
. paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces-
� sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be canceled or lapse on account ofi any such partial use or
occupancy.
lndemnification
� 5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its
employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and
�
� GC-15
Page 15 of 53
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July 2011-JRx
� expenses, including attorneys' fees, arising out of or resulting from the pertormance of its Work, provided that
� any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom
and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or
not it is caused in whole or in part by the negligence or other fault of a parly indemnified hereunder.
5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of
� CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them; or anyone
for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall
not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or
other employee benefit acts.
5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys'
fees) arising out of any infringement on patent orcopyrights held by others and shall defend all such claims in
connection with any alleged infringement of such rights.
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� Page 16 of 53
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July 2011-.1RN
ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
6.1. CONTRACTOR shall supervise and direct the Work competently and efficientiy, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible
� for the negligence of others in the design or specification of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident
superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except
under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and
shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
� Labor, Materials and Equipment:
. 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
� maintain good discipline and order at the site. Except in connection with the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not
permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's
written consent given after prior written notice to PROFESSIONAL.
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
� assume full responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities
� and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing,
� initial operation, and completion of the Work as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in
the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no
� provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's
consultants, agents or employees, any duty or authority to supervise or direct the furnishing or pertormance of
' the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or
9.15.
� Adjusiing r�rogress Scheduie:
6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments;
these will conform generally to the progress schedule then in effect and additionally will comply with any
provisions of the General Requirements applicable thereto.
�
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Page 17 of 53
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Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to
establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material
or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL
� will include the following as supplemented in the General Requirements. Requests for review of substitute
items of material and equipment will not be accepted by PROFESSIONAL from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,
CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the
proposed substituke will perform adequately the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that specified.
The application will state that the evaluation and acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and
� whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any
license fee or royalty. All variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service will be indicated. The application will
� also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such
� substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of
which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may
require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed
substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in
or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method,
� sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits
sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that
. indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar
� to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen-
eral Requirements.
6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed
substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed
or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change
Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's
� expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will
record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby.
� Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for
� the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially
or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to
furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.
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6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or
other persons or organizations including those who are to furnish the principal items of materials and
equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by
OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the
Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance or objection in the bidding documents or the
� Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be
revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall
submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost
occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment
signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person
or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions of the Subcontractors, Suppliers and other persons and organizations performing orfurnishing any
of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual
� relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to pay or to see to
the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as
� may otherwise be required by Laws and Regulations.
� 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement befinreen CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the
� applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL
and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a
� just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued
� pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation in the Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and
7 hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them
from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration
costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of
! the Work or resulting from the incorporation in the Work of any invention, design, process, product or device
� not specified in the Contract Documents, and shall defend all such claims in connection with any alleged
in�ringement ef such rights.
Permits:
6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental
charges and inspection fees, and all public utility charges which are applicable and necessary for the
execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and
paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting
� GC-19
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process will be considered for time extensions only and no damages or additional compensation for delay will
be allowed.
Laws and Regulations:
6.14.1. CONTRACTOR shall give ali notices and comply with all Laws and Regulations applicable to
furnishing and perFormance of the Work. Except where otherwise expressly required by applicable Laws and
� Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such
laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall
then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or
should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to
the Project Manager, it shall bear all related costs.
Taxes:
� 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in
accordance with the Laws and Regulations of the place of the Project which are applicable during the
. performance of the Work.
� Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and perrnitted by the Contract
Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and
easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is
� solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any
such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting
, from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any
� such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt
to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law.
CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER
harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of
PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising
directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party
against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work.
' 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
' accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work. At the
completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about
� the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials,
and shali leave the site ciean and ready fior occupancy by c�WNtR. �ONTRACTOR shall restore io original
condition all property not designated for alteration by the Contract Documents.
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6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to
stresses or pressures that will endanger them.
Record Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents
� and all Drawings and Specifications. These documents shail be annotated on a continuing basis to show all
changes made during the construction process. These shall be available to PROFESSIONAL, PROJECT
MANAGER, and RESIDENT PROJECT REPRESENTATIVE at the time of final walk-through, and shall be
submitted and approved as correct before the Application for Final Payment.
Safety and Protection;
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored
equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored
� equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or loss to:
� 6.20.1. all employees on the Work and other persons and organizations who may be affected
� thereby;
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or
off the site; and
6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or
� repiacement in the course of construction.
. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction
� for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of
adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect
them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.
All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or
indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for
� whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or
PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be
� liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON-
� TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall
continue until such t�me a� ail the U1�brk is �ompleted and PROFESSIONAL has issued a notice to Ob'V�fER
and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Completion).
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the
prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise
designated in writing by CONTRACTOR to the Project Manager.
� GG21
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� Revision Date
July 2011-JRH
Emergencies:
6.22. I n emergencies affecting the safety or protection of persons or the Work or property at the site
or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or
OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give
PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a
� change in the Contract Documents is required because of the action taken in response to an emergency, a
Work Change Directive or Change Order be issued to document the consequences of the changes or
variations.
6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to
any person on the Site, whether or not such person was engaged in the construction of the Project, and shall
file a written report on such person(s) and any other event resulting in property damage of any amount within
five (5) days of the occurrence.
6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because
of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to
� document the consequences of such action.
. Shop Drawings and Samples:
� 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to
PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and
samples required by the Contract Documents. All submittals and samples shall have been checked by and
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data
shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any
other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of
each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or
� sample may have from the requirements of the Contract Documents.
� 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and
� approval shall be only for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. The approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by
PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's
stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and
OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction
criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or
� coordinated with the requirements of the Work and the Contract Documents.
6.24.1. No Work requiring a submittal or sample submission shall commence until the submission
� has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall
� be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER.
Any delays associat�d with fihe submittal process wiil be consid�r�d far time extensions oniy, and r�o damages
or additional compensation for delay will be allowed.
6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined
and verified all quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or
sample with other Shop Drawings and samples and with the requirements of the Work and the Contract
Documents.
� GC-22
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� � � . . ReviSion Date .
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6.24.3. At the time of each submission, CONTRACTOR shali give PROFESSIONAL specific written
notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to
PROFESSIONAL for review and approval of each such variation.
6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and
samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of
� the Project and for compliance with the information given in the Contract Documents and shall not extend to
means, methods, techniques, sequences or procedures of construction (except where a specific means,
method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item
as such will not indicate approval of the assembly in which the item functions.
6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has,
in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the
OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not
� relieve CONTRACTOR from responsibility for errors or omissions in the submittals.
. 6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of
shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work
� performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole
expense and responsibility of CONTRACTOR.
Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all
� disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may
� otherwise agree in writing.
� Cleanin U :
5 p
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and
other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the
work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools,
� construction equipment and machinery, and surplus materials and will leave the Site clean and ready for
occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition
to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain
� the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original
� condition those portions of the site not designated for alteration by the Contract Documents.
lndemnification:
6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and
hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and
employees from and against all claims, damages, losses and expenses, direct, indirect or consequential
� (including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects,
attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the
�
� GG23
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� . Revision Date . .
July 2011-JRH
performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itseifl
including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by
Law and Regulations regardless of the negligence of any such party.
� 6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of
their consu(tants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32 shafl not extend to the liability of
PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or
� approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
�
�
�
�
�
�
�
�
� GG24
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� � . � Revision Date
July 2011-JRH
ARTICLE 7---OTHER WORK
Re/afed Work at Site:
� 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have
other work performed by aided OWNERs or let other direct contracts therefor which shall contain General
� Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract
Documents, written notice thereof will be given to CONTRACTOR prior to starting any such otherwork, and, if
� CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires
additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a
direct contract for OWNER, if OWNER is pertorming the additional work with OWNER's employees, proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs.
CONTRACTOR shal� do all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work
� of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the
written consent of PROFESSIONAL and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other
contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct
contracts between OWNER and such utility OWNERs and other contractors.
7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of
any such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to
PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an
acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or
� nonapparent defects and deficiencies in the other work.
� Coordination:
� 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the
person or organization who will have authority and responsibility for coordination of the activities among the
various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be
covered by such authority and responsibility will be itemized, and the extent of such authority and
responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the
Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in
� respect of such coordination.
�
�
�
�
� GG25
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� Revision Date
July 2011-JRH
ARTICLE 8---OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all
communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL, or at a
minimum copy the PROGRAM MANAGER or PROFESSIONAL with communications made to the
CONTRACTOR as deemed appropriate by the OWNER.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
� PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such
appointment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and
14.13.
8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys
to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's
� identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface _
conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the
. Drawings and Specifications.
� 8.5. OWNER's responsibilities in respect of purchasing and maintaining liabiliry and property
insurance are set forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
� 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and
. 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain
� circumstances.
�
�
�
GG26
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during
� construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of
construction to observe the premises and quality of the executed Work and to determine, in general, if the
Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that
� the completed Work will conform to the Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design PROFESSIONAL, PROFESSIONALwill keep OWNER
� informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in
the Work.
�
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project
Representative to assist PROFESSIONAL in observing the pertormance of the Work. The duties,
responsibilities and limitations of authority of any such Resident Project Representative and assistants will be
� as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at
the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of
� authority of such other person will be as provided in the Supplementary Conditions.
� larifications and lnte retations:
C rp
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of
� the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles itto
an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in
. Articles 11 or 12.
� Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order
and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If
CONTRACTOR believes that a Field Orderjustifies an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Article 11 or 12.
� GG27
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July 2011-JRH
Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL
believes to be defective and will also have authority to require special inspection or testing of the Work as
provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed.
�
Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29 inclusive.
9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11
and 12.
� 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment,
etc., see Article 14.
� Determinations for Unit Prices:
� 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's
preliminary determinations on such matters before rendering a written decision thereon (by recommendation
of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and
binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either
OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written
� notice of intention to appeal from such a decision.
I Decisions on Disputes:
� 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the
performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the
Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a
formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a
� reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant
to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirly days after
� the occurrence of the event giving rise thereto) and written supporting data will be submitted to
PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows
� an additional period of time to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL
will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation
or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant
to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have
been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise
GG28
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� Revision Date
July 2011-.TRR
ARTICLE 10--CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions,
deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request,
identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a
written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request
� calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the
proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall
not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable
conditions of the Contract Documents.
10.2. Additional Work performed by CONTRACTOR without authorization of a Change Orderwill not
entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the
case of an emergency as provided in Article 6. The effect of this paragraph shall cemain paramount and shall
prevail irrespective of any conflicting provisions contained in these Contract Documents.
10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency
� as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the
Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and
CONTRACTOR and submitted to OWNER for approvaL
10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a
Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with
Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined
to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive , CONTRACTOR
may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated
to fully perform the work as directed by the Work Change Directive.
� 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
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� 10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any
Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the
amount of each applicable Bond will be adjusted accordingly.
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ARTICLE 11-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to written authorized
adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obiigations
assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the
� Contract Price.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party
making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days)
after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of
the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless
PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts
(direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event.
All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with
� paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for
an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2.
� � 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the
Contract Price will be determined by the following procedures:
11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and
acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are
approximations prepared by OWNER for bid purposes and that the actual compensation payable to
CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual
� quantities of items involved as measured in the field and required to complete the Work as originally defined in
the Contract Documents.
� 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as
� defined in these Contract Documents, is required and affects the quantities required for items designed in the
Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to
CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the
application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item
required to complete the Work as defined in the Contract Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and
7 CONTRACTOR may establish unit prices as agreed on by Change Order.
. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the
� Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the
amount of increase or decrease in the lump sum price shall be established by mutual agreement of the
parties.
11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on
a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance
with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable
price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the
7 Change Order.
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11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions
within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs
to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the
discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum
quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to
� construct to plan or authorized dimensions.
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by
OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work under schedules ofjob classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for
� employees not employed full time on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits
' which shall include social security contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
� applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field services required in connection therewith. Afl cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to
� make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and
refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and
� CONTRACTOR shall make provisions so that they may be obtained.
� 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of
PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid
on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the
same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions
of the Contract Documents insofar as applicable.
� 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing
� laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.
� 11.4.5. Suppiemental costs including the faliawing:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers,
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.' which are consumed in the performance of the Work, and cost less market value of such items used but not
consumed which remain the property of CONTRACTOR.
� 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of
� PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal
� thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery
or parts shall cease when the use thereof is no longer necessary for the Work.
� 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and forwhich CONTRACTOR is
� liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or
anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise,
� to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of
the Work (except losses and damages within the deductible amounts of property insurance established by
OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such losses shall include settlements made with the written consent
and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work
for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a
fee proportionat� to that stated in paragraph 11.6.2.
� 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone senrice at the
� site, expressage and similar petty cash items in connection with the Work.
� 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the
Work and premiums of property insurance coverage within the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.6.
11.5. The term Cost of the Work shall not include any of the following:
� 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys,
. auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office
� for general administration of the Work and not specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11:4.4-all of which are to be
considered administrative costs covered by CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's
office at the site.
� 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital
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� used for the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for ail insurance whether or not CONTRACTOR is
i required by the Contract Documents to purchase and maintain the same (except for the cost of premiums
r covered by subparagraph 11.4.5.9 above).
— 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
_� indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to,
the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any
- damage to property.
--� 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in paragraph 11.4.
-� CONTRACTOR's Fee:
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__ � 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined
as follows
� 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon;
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11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work:
' 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be
fifteen percent,
--� 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a
-■ subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors shall be fifteen percent,
—� 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and
— 11.3,
� 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change
� which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in
CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and
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--, 11.6.2.5. when both additions and credits are invotved in any one change, the adjustment in CON-
_ TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1
_ through 11.6.2.4, inclusive.
� 11.7. Far a{I chanyes, CONTRACTOR shall submit an itzmized cost breakdcwn, together with
_ supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the
amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net
� decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project
Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved
in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether
__� an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by
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discipline/trade with the unit cost per man-hour and totai labor price, labor burden, equipment hours and rate
� for each piece of equipment, material by units of ineasure and price per unit, other costs specifically itemized,
pius the overhead and profit markup.
�
� Cash Allowances:
� 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so
named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or
. Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL
� CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs,
overhead, profit and other expenses contemplated for the allowances have been included in the Contract
� Price and not in the allowances. No demand for additional payment on account of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to
� reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract
� Price shall be correspondingly adjusted.
Unit Price Work:
11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified item of Unit Price Work times the estimated quantity of
� each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR
� will be made by PROFESSIONAL in accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs
materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no
� corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that
CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an
. increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount
of any such increase.
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.� ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in
� the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7)
calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be
� submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the
� OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time
must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was
beyond CONTRACTOR's control or fault.
• 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
.'' completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or
by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor
� disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by
CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control orfault, then the
. Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine.
CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay
� which OWNER may determine to be due solely to such causes and only to the extent such occurrences
actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all
the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract
� Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance,
� progress, commencement or completion of the Work for any cause whatsoever, including those for which
OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty
to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's
� sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of
any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the
procedures set forth herein.
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.� ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
� Warranty and Guarantee:
�
� 13.1. CONTRACTOR warrants and guarantees to OWNER that all materiais and equipment will be
new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner,
free from faults or defects, and in accordance with the requirements of the Contract Documents and any
, inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all fauity Work and ail Work
� not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all
applicable building, construction and safety requirements shall be considered defective. Notice of all defects
shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be
rejected, corrected, or accepted as provided in this Article.
� Access to WorM.
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� 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated
representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be
given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of
� the Work and also for any inspection or testing by others.
� Tests and Inspections:
13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than
CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore.
� 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or
approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All
� other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for
� inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours
per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled
away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection,
testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society
� for Testing and Materials or such other applicable organizations as may be required by law or the Contract
. Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of
PROFESSIONAL and at CONTRACTOR's expense.
� 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any
public body having jurisdiction shall be performed by organizations acceptable to OWNER and
� CONTRACTOR (or by PROFESSIONAL if so specified).
� 13.6. if any Work (including the work of others} that is ta be inspected, tested or approved is covered
without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for
� observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given
1 PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not
R acted with reasonable promptness in response to such notice.
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13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or
approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obiigations to perform the
Work in accordance with the requirements of the Contract Documents.
' Uncovering Work:
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� 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the
prior written approvai of PROFESSIONAL, or if any Work is covered contrary to the request of
PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection,
testing or approval and replaced at CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall
uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may
require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is
found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not
� limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and
OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to
agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however,
� such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or
� an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation,
inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
OWNER May Stop the Work:
� 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or
suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or
. equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order
� CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of
OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the
benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the
Contract Price or Contract Time or other damages for a stop work order under this paragraph.
Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER
� and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or
completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not
� correct such defective Work or remove and replace such defective Work within a reasonable time, as
� specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and
indirect costs of such correctian shall be paid by CO�{TRACTOR or �educted fram payment to
CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work
of others destroyed or damaged by the correction, removal, or replacement of the defective Work.
� One Year Correction Period:
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13.12. If, after approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such
defective Work or if it has been rejected by OWN ER, remove it from the Site and replace it with non-defective
� Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have
the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such
removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and
other professionals) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it,
OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to
� OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by
PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's
� recommendation of final payment, a Change Orderwill be issued incorporating the necessary revisions in the
� Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim
therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
� 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to
� proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in
� accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents,
OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In
exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the e�ctent
necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part
of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto,
take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and
7 incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees such access to the site as may be necessary to enable OWNER to
� exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER
� in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to
r�asonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may
make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but
not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs
and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or
� replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the
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Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of
OWNER's rights and remedies hereunder.
7 Neglected Work by CONTRACTOR
� 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
� including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit
a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen
and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put
" the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective
action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and
have the Work done by others. The cost of completion under such procedure shall be charged against
CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract
Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are
not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs
� to OWNER of associated inspection, construction management and resident engineers shall be identified to
CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
� Schedule of Values:
a 14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
� payments and will be incorporated into a form of appiication for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work wiil be based on the number of units completed.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date estabiished for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application
for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the
application and accompanied by such supporting documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and
suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be
� accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the
materials and equipment free and clear of all liens and evidence that the materials and equipment are covered
a by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which
� will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the
final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be
as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment
� covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no
later than the time of payment free and clear of all Liens.
�
� Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or
return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit
the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for
� payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount
recommended.
! 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment
� will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site
observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF-
ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work
has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and
belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the
Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests
called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price
� Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that
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.� CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such
payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous
on-site inspections have been made to check the quality or the quantity of the Work beyond the
� responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be
other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by
� OWNER or OWNER to withhold payment to CONTRACTOR.
� 14.6. PROFESSIONAL's recommendation offinal paymentwill constitute an additional representation
by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final
� payment as set forth in paragraph 14.13 have been fulfilled.
� 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in
PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL
may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent
as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because:
� 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement.
� 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
� 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.9 inclusive.
� OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims
have been made against OWNER on account of CONTRACTOR's pertormance or furnishing of the Work or
, Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set
� against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a
copy to PROFESSIONAL) stating the reasons for such action.
Substantia/ Completion:
14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR
� shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for
items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a
. certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If
� PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify
CONTRACTOR in writing giving the reasons therefor. if PROFESSIONAL considers the Work substantially
complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial
Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a
tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after
receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any
provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes
� that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the
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tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after
consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete,
PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a
� definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or
. corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after
consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial
� Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to
division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing
the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be
binding on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct
items on the tentative list.
� Partial Utilization:
� 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i)
� has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by
OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the
remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the
following:
� 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If
CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the
� Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion
� for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that
CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and
request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider
that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR,
in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially
� complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial
Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
� 14.10.2. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over
� operation of any such part of the Work although it is not substantially complete. A copy of such request will be
sent to PROFESSIONAL and, within a reasonabfe time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and
PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final
payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the
Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be
completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written
7 recommendation as to the division of responsibilities pending final payment between OWNER and
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CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time
when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed
PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work,
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to
complete other related Work.
� 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final lnspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion
thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will
� notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi-
. ciencies.
� Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of
PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance
and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required
by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may
� make application for final payment following the procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety,
� if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of
� all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as
approved by OWNER, CONTRACTOR may furnish receipts or release in fufl and an affidavit of
CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipmentforwhich
a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with
the Work for which OWNER or OWNER's property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full,
CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against
� any lien.
. 14.12.1. No application for final payment will be accepted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
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14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER
and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider,
Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of
them are or will be made. Such parties shall rely oniy on CONTRACTOR's surety bonds for remedy of
nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors,
indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or
supplier or materiai men or laborer services in connection with this project.
� 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any
damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the
work required by these contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final
inspection and PROFESSIONAL's review of the final Application for Payment and accompanying
� documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled,
PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in
� writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment.
� At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and resubmitthe Application. Afterthe presentation to
OWNER of the application and accompanying documentation, in appropriate form and substance and with
PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by
PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR.
� 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and
if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for
� Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of
� the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held
by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and
if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR
to PROFESSIONAL with the application for such payment. Such payment shall be made underthe terms and
conditions governing final payment, except that it shall not constitute a waiver of c�aims.
� CONTRACTOR's Continuing Obligation:
� 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the
� Contract Documents shall be absolute. Neither recommendation of any progress or final
payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor
any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or
occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER
nor any failure to do so, nor any review and approval of a Shop Drawing or sample
submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to
paragraph 14.13, nor any correction of defective Work by OWNER will constitute an
7 acceptance of Work not in accordance with the Contract Documents or a release of
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CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents
(except as provided in paragraph 14.16).
Waiver of Claims:
14.16. The making and acceptance of final payment will constitute:
� 14.16.i. A waiver of ali claims by OWNER against CONTRACTOR, except claims arising from
unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply
with the Contract Documents or the terms of any special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made
in writing and still unsettled.
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ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend WorM.
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a
� period of rot more than ninety days by notice in wriiing to CON i i�ACTOR and PROFESSIONAL which will fix
the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed.
CONTRACTOR shall be ailowed an adjustment in the Contract Price or an extension of the Contract Time, or
both, directly attributable to any suspension if CONTRACTOR makes an approved ciaim thereforas provided
in Articles 11 and 12.
Termination For Cause:
15.2. Upon the occurrence of any one or more of the foliowing events:
� 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code
(Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or
similar action by filing a petition or otherwise under any other federal or state law in effec# at such time relating
� to the bankruptcy or insolvency;
� 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now
or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief
against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or
insolvency;
15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors;
� 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law
. or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the
� purpose of enforcing a Lien against such property or for the purpose of general administration of such property
for the benefit of CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due;
15.2.6. if CONTRACTOR fails to pertorm the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or
� failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
�
� 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
Documents,
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to
the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude
7 CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances,
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construction equipment and machinery at the site and use the same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work ali
materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are
stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall
not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract
Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to
fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and
� arbitraticn costs) such excess wifl be paid tc� CONTRACTOR. (f such costs exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to
reasonableness by PROFESSIONAL and incorpocated in a Change Order, but when exercising any rights or
remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work
performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will be the
means for disposition of the balance of the contract obligations.
� Termination for Convenience
� 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER
� may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the
Contract. In such case, CONTRACTOR shall be paid (without duplication of any items):
15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such
Work;
� 15.4.2. For expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with
. uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
� 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppfiers and others; and
15.4.4. For reasonable expenses directly attributable to termination. �
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
� 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will
� not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter
� accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than
ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails
7 to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days
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,� to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working
days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not
� remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER
payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to
any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days
after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay
CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to
OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude
CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract
Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the
obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without
� delay during disputes and disagreements with OWNER.
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� ARTICLE 16--DISPUTE RESOLUTION
� 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both,
or extra work, and all claims for aileged breach of contract shall within ten (10) working days of the
� commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers
� pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but
shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character
and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not
presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if
the c(aim is of a continuing character and notice of the claim is not given within ten (10) working days of its
commencement, the claim will be considered only for a period commencing ten (10) working days prior to the
receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to
� CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address.
. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR
arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia
� Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract
consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to
contest same.
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_' ARTICLE 17-MISCELLANEOUS
Giving Notice:
_' 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will
_ be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail,
-' postage prepaid, to the last business address known to the giver of the notice.
�
- Computation of Time:
� 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed
-- to exclude the first and include the last day of such period. If the last day of any such period falls on a
__ Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be
-, omitted from the computation.
' 17.2.2. A calendar day of finrenty-four hours measured from midnight to the next nidnight shall
_� constitute a day.
� GeneraL•
� 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of
__ any error, omission or act of the other party or of any of the other party's employees or agents or others for
whose acts the other party is legally liable, claim should be made in writing to the other party within a
reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall
. not be construed as a substitute for or a waiver of the provisions of any applicabfe statute of limitations or
repose.
� 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
-� available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees
and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all
� of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are
not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which
— are otherwise imposed or available by Laws or Regulations, by special warranry or guarantee or by other
_ provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated
-, specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to
_ which they apply. All representations, warranties and guarantees made in the Contract Documents will survive
__ final payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this
_� Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of
_ five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to
� audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the
— period of the Contract and for a period of five (5} years thereafter provided, however, such activity shall be
_� conducted only during normal business hours. OWNER, during this period of time, shall also have the right to
obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the
� aforesaid records and supporting documentation.
- 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
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, provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the
Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract
� Documents shall controL
_, 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held �s retainage pursuant to the Contract Documents and
CONTRACTOR specifically waives any claim to same.
-�
� Substitutions:
_. 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of
_ materials that are not determined to be equivalent to those indicated or required in the contract documents
— without an amendment to the contract.
–_� Sanitary Sewer Overflow Prevention:
—■
° 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
�
� 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to
�
waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
_� 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
= plan will include a fist of key personnel with 24-hour contact information who will respond during an emergency
situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any
= changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT
� REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
� and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
7 establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
= failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the
°' State.
= 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation
— and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to
7 waters of the State.
= 17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following
actions:
� 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
� 2. Immediately notify the Utilities Department dispatcher and the RESIDENT PROJECT
— REPRESENTATIVE (contact information will be provided at the preconstruction conference).
� 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken
— by the CONTRACTOR and estimates of the discharge volume.
_�
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
_. Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if
_ appropriate.
17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the
� GG52
_ Page 52 of 53
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Revision Date
'— July 2011�-JRH
� CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities
_ Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be
the responsibility of the CONTRACTOR.
. 17,9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by
the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR.
--� PRfiGRfi119 fl�IANAGEf?:
�
17.10 The PROGRAM MANAGER for the project will be named in the contract documents if a
. PROGRAM MANAGER is utilized by the OWNER for the PROJECT.
- The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite
, representatives or otherwise, do not make PROGRAM MANAG�R or PROGRAM MANAGER's personnel in
any way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and
� do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including,
- but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for
_� coordinating and completing all portions of the construction work in accordance with the construction Contract
' Documents and any health and safety precautions required by such construction work.
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control
� over any construction contractor or other entity or their employees in connection with their work or any health
__ or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or
safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM
- MANAGER's own personneL
• The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to
OWNER a greater degree of confidence that the compfeted construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction documents
� has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither
guarantees the performance of the construction contractor(s) nor assumes responsibility for construction
-� contractor's failure to pertorm work in accordance with the construction documents.
-- For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into
_ the construction work, and construction contractors include manufacturers of materials incorporated into the
-, construction work
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_ Page 53 of 53
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� SECTION SGC
SUPPLEMENTAL GENERAL CONDITIONS
-�
— CONTIZACTOR'S Liability Insurance
. Insurance shall be written with limits of liability shown below or as required by law, whichever
__ is greater:
—� • Commercial General Liab'Li� (per oc�urrer.ce) Each Oc�urrencP $1,000,000
� • General Aggregate $ 2,000,000
• Products $ 2,000,000
_. • Personal & Adv Injury $1,000,000
• Fire Damage $ 500,000
• Automobile Liability (any auto) Combined Single Limit $1,000,000
— • Excess Liability (Umbrella) Each Occurrence $5,000,000
. • Workers Compensation Statutory Limits
• Employer Liability $1,000,000
7
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� '`'`�., CERTIFICATE OF LI °"TE,M�°°""""'
ABILITY INSURANCE 8�19�2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
-� CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES
_ BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
� the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certiflicate holder in lieu of such endorsement(s).
PRODUCER NTACT T@TT1 StOIIe
NAME:
- Blanchard & Calhoun Insurance Agency, Inc. PHONE ,(706) 650-6000 NC No: ��06)650-6001
. 245 Davis Road •'"a�� tstone@blanchardcalhounins.com
ADDRESS:
P� BOX 212359 PRODUCER ��0�1237
p'u sta GA 30917-2359 INSURER S AFFORDING COVERAGE NAIC #
� INSURED
INSURERA:CIIIC1I1Zlatl Insurance Com an 10677
� INSURERB:BUl1C�@rS Insurance Com an 0704
Allen-Batchelor Construction Co Inc
INSURER C :
. 1063 Franke Industrial Dr
INSURER D :
_— Augusta GA 30909 �NSURERE:
INSURER F :
COVERAGES CERTIFICATE NUMBER:il/14 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
. INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICM 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
��LTR TYPE OF INSURANCE ADDL UBR POLICY EFF POIICY EXP
IN R D POLICY NUMBER MM/DD/YYYY MM/DD LIMITS
GENERAL LIABIUTY �
■ EACH OCCURRENCE y 1� OOO � 000
X COMMERCIAL GENERAL LIABILITY DA A E T ENTE
PREMISES Ea occurrence S 100, 000
A CLAIMS-MADE � OCCUR PP0066982/EBA00066982 �z4�2011 /24/2014 MED EXP Any one erson) 3 5, 000
--• PERSONAL 8 ADV INJURY � S � 1� OO�O � OOO
— GENERAL AGGREGATE $ 2� O00 � OOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2, OOO � OOO
X POUCY PR �� �p� $
. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1� O00 � OOO
ANY AUTO (Ea accident)
PP0066982/EBA00066982 BODILY INJURY (Perperson) a
A ALL OWNED AUTOS /24/2011 /29/2014
}{ BODILY INJURY (Per accidenQ $
SCHEDULED AUTOS
■ X PROPERTY DAMAGE
HIRED AUTOS (Per accident) $
x NON-0WNED AUTOS Uninsured motorist combined $ 1� �00 � 00�
■ Medicalpayments S 5,000
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE a 5, 000 � OOO
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5� OOO � O00
DEDUCTIBLE S
� A X RETENTION 3 Q PP0066982/EBA00066982 /24/2011 /24/2014 $
B WORKERS COMPENSATION WC STATU- OTH-
- AND EMPLOYERS' LIABI�ITY Y � N �
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 OOO OOO
_ OFFICER/AAEMBER EXCLUDED? ❑ N / A
(Mandatory in NH) CV001929110 /29/2011 /29/2012 E.L. DISEASE - EA EMPLOYE $ 1 U00 000
� If yes, describe under
DESCRIPTION OF OPERATIONS belaw E.L. DISEASE - POLICY LIMIT $ 1 OOO OOO
- A Leased/Rented Eqmt PP0066982/Eaa00066982 /29/2011 /24/2014 50,000
Builders Risk S� ,OOOded 3,500,000
� DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additlonal Remarks Schedule, if moro space Is requfred)
� Certificate Holder is included as Additional Insured arith respects to General and Automobile Liability, when required
by written contract, but only with respects to work performed by or for the named insured.
Waiver of Subrogation in favor of Certificate Holder applies to General and Automobile Liability and Workers
• Compensation, mhen required by written contract. Certificate Holder mill be notiPied of material changes and 30 day
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEPORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
. Augusta County Commission ACCORDANCE WITH THE POLICY PROVISIONS.
530 Greene St.
Augusta, GA 30901 AUTHORIZEDREPRESENTATIVE
�
� Morris Moss/SUSANG �—�t �� � ��""°
. ACORD 25 (2009/09) O 1988-2009 ACORD CORPORATION. All rights reserved:
INS025 �zoosos� The ACORD name and logo are registered marks of ACORD
� COMMEN
� TS/REMARKS
� notice of cancelation.
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OFREMARK COPYRIGHT 2000, AMS SERVICES INC.
. � � �
'
' � AUGUSTA LAW DEPARTMENT
—/= -� i�:--ct.-
G ; {J � (3 I A
' Matt Aitken
ANDREW G. MACKENZIE Corey 7ohnson
' GENERAL COLJNSEL Joe Bowles
Augusta Law Department Alvin Mason
DAVID S. COPENHAVER Bill Lockett
Mayor WAYNE BROWN Joe Jackson
' Senior StaffAttorney Jerry Brigham
Wayne Guilfoyle
KENNETH S. BRAY J. R. Hatney
JODY M. SMITHERMAN Grady Smith
JoE Bowi,ES KAYLA E. COOPER
' Mayor Pro Tem StaffAttorneys FREDERICK L. RUSSELL
Administrator
' JUIy 22� 2011
DISTRIBUTE TO ALL EMPLOYEES, OFFICERS AND AGENTS OF AUGUSTA,
' GEORGIA IMMEDIATELY.
A court Order was recently entered in Federal Court enjoining Augusta, Georgia "from
, evaluating or awarding bids or other contracts on the basis of the bidder's status as a
Disadvantaged Business Enterprises ("DBE") or Minority Business Enterprises ("MBE")
(or any other entity that qualifies as a DBE or MBE based on the racial composition of its
' ownership)." See attached July 21, 2011 Order. Please read it thoroughly and provide a copy
to your managerial level staf£ In addition, the 2011 Order can be found in its entirety on the
Augusta homepage, through a link at www.au�;usta J�a.�.
, The 2011 Order is binding upon each of the following entities and persons: "the City, its
officers, agents, servants, employees and attorneys, and upon those persons in active concert
' or participation with it who receive actual notice of this injunction by personal service or
otherwise." Therefore, everv emplovee, officer, and agent of Augusta is bound to comply
with this Order. Anyone failing to comply with this Order may be subject to severe discipline
' (including termination of employment) as well as any court ordered, fines and/or jail time.
All third-party contractors and program managers who procure goods on behalf of
' Augusta, Georgia and any employee or agent within the Augusta government who procures
goods, services, or participates in any aspect of the procurement process according to
Article Four of the AUGUSTA, GA. COnE is hereby directed to immediately review and
' inspect all procurement and contracting documents for use of the terms "DBE" or "MBE."
If you have any questions regarding whether certain provisions using the terms "DBE" or
"MBE" violate the 2011 Order, please contact the Law Department immediately. Please be verv
, cautious when renewing a contract or when usin�anv forms or templates that mav have been
used in the past for other procurement proiects Such contracts and forms mav contain lan ug a�e
that could violate this injunction.
' Please be forewarned and advised that Augusta is not currently authorized to operate a
LOCAL DBE, MBE, or any other race conscious program in procuring goods, services or
' Augusta Law Department
501 Greene Street, Suite 302, Augusta, Georgia 30901
(706) 842-5550 - Fax (706) 842-5556
,
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projects, nor can Augusta let its contracts on this basis. Rather, in 2008, Augusta adopted a
race neutral Local Small Business Opportunity Program ("LSBOP") as a means to attract and
t facilitate the inclusion of small businesses located with Augusta, Georgia in all aspects of the
procurement processes. The LSBOP specifically repealed Augusta's DBE Ordinance which was
, deemed unconstitutional. To the extent any department head believes that his or her
department is subject to FEDERAL DBE requirements distinct from those enjoined by the
2011 Court Order, please contact the Law Department for review of such documents using
' the terms "DBE" or "MBE" to ensure that they are used in accordance with federal
guidelines and regulations.
' Training sessions regarding the requirements of the 2011 Order will be conducted shortly.
If you become aware of anything that you believe may be a violation of this Order, contact the
' Law Department immediately at 706-842-5550. The injunctive portion of the Order states as
follows:
Augusta, Georgia is hereby ENJOINED from evaluating or awarding bids or other
' contracts on the basis of the bidder's status as a Disadvantaged Business
Enterprises ("DBE") or Minority Business Enterprises ("MBE") (or any other
entity that qualifies as a DBE or MBE based on the racial composition of its
t ownership).
This prohibition does not apply to DBE or MBE requirements imposed by state or
' federal laws, regulations, agencies, or grant agreements.
This prohibition also does not bar Augusta from enacting a prospective, narrowly
' tailored DBE or MBE program or policy as permitted under rulings of the United
States Supreme Court.
' Augusta shall be free to conduct such studies as may be necessary to support a
future DBE or MBE program or policy that complies with the above exceptions.
Before Augusta may enact such a program or policy it must notify electronically or
, by U.S. mail all businesses on the then-current vendor list and constructively notify
the public via a reasonably visible hyperlink on its homepage entitled "Proposed
Legislation Enacting Disadvantaged BusinessEnterprise or Minority Business
' Enterprise Program." On this vendor list, Augusta must maintain the contact
information provided by any businesses or individuals who have expressed an
interest in contracting with Augusta, by registering their business information with
' the Department of Procurement, for 36-months. The notice on Augusta's website
must include the text of its intended legislation and the related Disparity Study.
Before Augusta may enact such a program or policy it must also provide the public
, an opportunity to be heard at an open meeting of the Augusta-Richmond County
Commission, to take place no sooner than thirty days after the vendor list
notif'ication has taken place. Augusta may rely upon the contact information that
' interested parties supplied the city when they registered with the Department of
Procurement in providing electronic or mailed notice.
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' Augusta shall, within 3 days of the date of this Order, post a copy of this Order, and
the Court's March 14, 2007 Order, in portable document format (°°PDF") on
Augusta's homepage via a reasonably visible hyperlink entitled "Court Order
, Enjoining Local DBE Program."
This injunction is binding upon Augusta's officers, agents, servants, employees, and
' attorneys, and upon those persons in active concert or participation with it who
receive actual notice of this injunction by personal service or otherwise. See Fed. R.
Civ. P. 65(d).
1
r Sincerely,
'
������ �` �''��-, .,
Andrew G. MacKe ie
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' Case 1:07-cv-00019-BAE-WLB Document 128 Filed 07/21/11 Page 1 of 2�
'
I ` lTi THE UrTITED STATES D�STRICT COURT
FOR THE SOUTAERN DISTRICT UF GEORGIA :
, AUGUSTA DM4ION
I
THOMP50N BUII.DING VYRECKIIVG ��,, p�ON NO. �
' COMPANY, INC., et ai. 1:07-cv-00019-BAE-WLB
Plaint[t'f,
, vs.
' AUGUSTA, G6�ORGIA,
Defeadan�
' Consent Order and J'adam��t �A.aDrovin¢ 3ett�ement and Modif_v_in¢ Iniunction
It appearing to the Court that the parties Plaintiff Thompson� Building Wrecking +
' Company, Inc. arsd Defendant Augusta, Georgia have reached a settlement of the remaining
� issues pending in this Court, the same is hercby approved. Pursuant to such settlement, for
good cause shown, the prelinvnary injuaction entered by this Court on March 14, 2007, made
, permanen# by the Court on November 13, 2007, shall be and is hereby vacated, and repl�
with t�e following injunction:
' Augusta, Geaa�gia is hereby ENJOIl�iED from evaluating or
awarding bids or other contracts on the basis af the biddar's status
' as a Disadventaged Business Eaterprises ("DBE"� or Minority
Business Enterprises ("MBE'� (or any other entity that qualiSes as
a DBE or MBE based on the racial compositioa af its ownerslup).
' This prolu'bition does n�t apply to DBE or MBE requirements
imposed by state or federal laws, regulations, agencies, ar grant
t agi�eements.
Thia prohibition elso does aot bar Augusts from enacting a �
prospective, nairowly tail�red DBE or MBE program or policy as
' permitted vnder nilings of the United States Supreme Court.
Augusta shall be free to conduct such studies as may be necessary
to support a future DBE or MBE program or policy that complies
,
' � -]_ A11.ANfA:5349432.3
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! Case 1:07-cv-00019-BAE-WLB Document 128 Filed 07/21/11 Page 2 of 2
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with the above exceptions. Before Augusta may enact such e
program or policy it must nodfy electronlcally or by U.S. mail all
� businesses on the then-curnent vendor list and consfructively notify
the public via a reasonably visible hyperlink on its homepage
entitled "Proposed Legisladon Enacting Disadvantaged Business
' Enterprise or A�tinority Business Enterprise Program." On this
vendar list, Augusta must roaintain the contact information
pmvidetl by any busines�s ox inditviduels who have expressed an
' interest in contracting with Auguste, by registiering their
l:usiness infoxm�tion with the Departa�ent of Procuremeat, far 36-
mo�s. The notice on Augusta's website raust include the text of
its intiennded legisiation and the related Disparity Study. Before
' Augusta may enact such a program or policy it must siso
provide the public an opportanity to bc heard at an open meating of
the Augusta-Rictunond Coimty Commissivn, ta take plaoe tto
' sooner than t]rirty days af�er the vendor list notification has taken
place. Augusta may rely upon the contsct information that
i�rterested pariies supplied the city when they registered with the
� Department of Proct�rement in pmviding electronic or rnailed
notice.
Augasta shall, within 3 days of the date of this Order, post a copy
� of this Order, snd the Court's Mazch 14, 2007 Order, in gortable
document format ("PDF'� on Augusta's homepage via s.
reason►ably visible hyperlink eatitled "Court Order Enjoitung Local
, DBE Program."
This injunction is binding upon Augusta's officsrs, agents,
' servants, emgloyees, aaii attorneys, aud upon those persons in
active concert or parkicipation with it who receive actual notice of
this injuncdvn by personal service or otherwise. See Fed. R. Civ. P,
65(d).
,
' This�[ day of J 2011.
R
� B. A t enfie , Judge
United States District Judge
S�uthern District of Georgia
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� -Z- ATLANTA:53094523
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AUGUSTA-RICHMOND COUNTY, GEORGlA DUES
� NOT OPERATE A DBE, MBE OR WBE PROGRAM _
BUT RATHER PURSUANT TO !TS CODE OF
QRDINANCES, THlS LOCAL G�VERNMENT
_� �PERAI'ES tNSTEAD, /� LOCAL �I�fA►LL BUSiNESS
� C)PPORTUNITY PRtJGRAM.
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