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HomeMy WebLinkAboutCONTRACT EAST AUGUSTA WATER UTILITY PROJECT-MARION HOMES SUBDIVISION 1 0. 9 33 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR EAST AUGUSTA WATER UTILITY PROJECT — MARION HOMES SUBDIVISION Augusta, Georgia The Honorable Deke S. Copenhaver, Mayor Commissioners: William Fennoy Corey Johnson Donnie Smith Alvin Mason Bill Lockett Joe Jackson Mary Davis Wayne Guilfoyle Marion Williams Grady Smith Tom D. Wiedmeier Director, Augusta Utilities Department Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 December 31, 2013 SECTION CO TITLE # OF PAGES I I nvitation to Bid IB I nstructions to B 2 2 3 P Proposal A Agreement NA N o t ice o f A P2231 AGES Notice to Proceed 1 CO Change Order 1 BB Bid Bonds 2 PB Performance and Paymen Bonds 5 GC General Conditions 52 SC Supplementary General Conditions 10 Standard and Technical Specifications: Section 02055 Soils- Structural 3 Section 02060 Aggregate 2 Section 02221 Selective Demolition 2 Section 02230 Clearing Sr Grubbing 2 Section 02324 Trenching 6 Section 02374 Erosion Control Devices 2 Section 02512 Site Water Distribution 11 Section 02516 Disinfection of Water Distribution 5 Section 02740 Flexible Pavement Structures 3 Section 02750 Concrete Construction 3 Section 02760 Flowable Fill Material 2 Section 02822 Fence Removal and Replacement 4 Section 02924 Grassing and Mulching 4 SECTION IB INSTRUCTIONS TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB -02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the conformation of the ground; the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work; the general and local conditions; and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the OWNER, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other pre -bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Geri A. Sams, Director of Procurement; Procurement Department; Room 605; 530 Greene Street; Augusta, GA 30901 and to be given consideration must be received at least ten days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by facsimile or U.S. mail to all prospective bidders (at the respective addresses furnished for such purposes), not later than five days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB -04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the hid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. IB -1 Bids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB -05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the CONTRACTOR to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The OWNER may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The OWNER reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. 1B -07 PERFORMANCE BOND At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the use of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER and authorized by law to do business in the State of Georgia. Attorneys -in -fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REIECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the OWNER. I13-2 SECTION P PROPOSAL Date: ( :; - e7 Gentlemen: In compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and material, and perform all work for the project referred to herein as: EAST AUGUSTA WATER UTILITY PROJECT — MARION HOMES SUBDIVISION In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto and totaling: 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. The undersigned hereby agrees that, if awarded the contract, he will commence the work in accordance with required contract performance dates based upon a written notice to proceed per each qualified task order. The undersigned hereby also agrees that the work will be completed within a time frame reasonable to accomplish the work, or that which has been mutually agreed upon by the Augusta Utilities Department, based on the scope for work for the task order as assigned. The undersigned acknowledges receipt of the following addenda: Addendum No. Addendum Date Enclosed is a bid guarantee consisting of r in the Amount of • Respectfully Submitted, Address By: _ ,_ f �r f � TITLE: f _ - L f C' .. P -i MARION HOMES WATER MAIN INSTALLATION PROJECT BID ITEMS AUD Pay Description Unit Quantity Unit Cost Total Cost Item W-113 8" diameter PVC water transmission main C900. DR -18, standard LF 4,100 518.25 574,825.00 joint W- I K 8" diameter PVC water transmission main C900, DR -18, LF 3,581 $25.50 591,315.50 restrained joint W S Remove unsuitalbe soil and replace with select backfill, GA DOT CY 3,075 S 18.00 555,350.00 Type I, Class I & 11 (Sand/Clay) — Measured by in -place volutm W -6 Miscellaneous pipe fittings and connections LBS 6,000 53.25 $19,500.00 W 8 Fire hydrant, installed complete with tee, valve and valve collar, ) EA I I 54,275.00 547,025.00 Joint Restrained Ductile Iron Pipe, and blocking W -IOB 8" in -line full body ductile iron gate valve, including valve box, EA 20 51,1 10.00 522,200.00 concrete collar, installed, complete, open -lef W -IS New 1" long side water service, installed, including re- connection, EA 86 51,095.00 594,170.00 complete W -I SA New 2" long side water service. installed. including re- connection, EA 1 54,282.00 54,282.00 complete W 16 New I" short side water service, installed, including re- EA 70 5645.00 545,150.00 connection, complete W -18 Tie -in to existing line - 8" EA 1 54,550.00 54,550.00 P -5 Remove and replace 4" thick concrete sidewalk, 3000 psi mix SY 90 $50.00 54,500.00 P -6 Remove and replace 6" thick concrete driveway SY 400 555.00 S22,000.00 P 9 6 "x24" concrete curb and /or gutter removal and replacement (as LF 275 525.00 56,875.00 appropriate and necessary) P• I I Flowable fill. 12" thick, 5' wide and asphalt patch 2" thick, SY 435 573.25 531,863.75 including placement of bituminous tack coal M - Flowable fill CY 25 5110.00 52,750.00 M 3 Remove unsuitable soil and replace with foundation backfill. GA CY 325 $18.00 $5,850.00 DOT Type 11, for additional unclassified excavation LS -1 Lump sum construction (Includes but is not limited to the listing LS 1 5113,970.25 5113,970.25 continued below) TOTAL BID 5646,176.50 LUMP SUM CONSTRUCTION ITEMS: Items without a specific pay item • Mobilization, Demobilization • Bonds, Insurance • Dewatering Clearing and Grubbing • Vertical Trench Stabilization • Remove and reset fences, All types Remove and reset gates, All types • Remove and reset storm sewer, lengths & sizes vary Remove and reconnect water services • Reconnect sanitary sewer services • Remove and reset signs, type varies • Remove and reset water valve and/or meters, size varies • Remove and reset yard lamps. type varies • Remove and reset mailboxes, type varies • Abandon water valve and meter boxes, fill with concrete • Reconstruct brick wall, height varies Remove existing fire hydrant Erosion and sediment control (temporary grassing, construction exits, rip -rap, misc. erosion control structures; • Silt Fence. Type "A" • Silt Fence, Type "B" • Silt Fence. Type "C" • Permanent grassing • Raise manhole and valve boxes to grade Traffic control • Miscellaneous grading 4/12014 c 'o R u t ,k NOTICE TO ALL BIDDER (P READ CAREFULLY) ADHERE T BELOW INSTRTIONS AND DO NOT SUBSTITUTE FORMS PL READ C B i s a co nsolidated HE d consisting of: 1. Business Attachment Li Number TO Requ (must be provided) 2. Acknowledgement of Addenda (muss be acknowledged, if any) 3. Statement of Non - Discrimination 4. Non - Collusion Affidavit of Prime Bidder /Offeror 5. Conflict of Interest 6. Contractor Affidavit and Agreement (E- Verify User ID Number must be provided) Attachment B Keg be Notarized A g! 3 Pages Mgg be returned with your submittal - No Exceptions. Business License Requirement: Contractor must be licensed in the Governmental entity for where they do the majority of their business. Your comoanv's business license number must be provided on Page 1 of Attachment B. If your Governmental entity (State or Local) does not require a business license, your company will be required to obtain a Richmond County business license if awarded a Bid /RFP/RFQ. For further information contact the License and Inspection Department @ 706 312 -5162. Acknowledgement of Addenda: You Must acknowledge all Addenda. See Page 1 of Attachment B. E- Verify • User Identification Number (Company I.D.) The recommended awarded vendor will be required to provide a copy of Homeland Security's Memorandum Of Understanding (MOU) Affidavit Verifying Status for Augusta Benefit Application (S.A.V.E. Program ) (Must Be Returned With Your Submittal) Return Only if Applicable: 1. The Exception Sheet (if applicable) 2. Local Vendor Registration (if applicable) DO NOT RETURN AT THIS TIME: 1. Georgia Security and Immigration Subcontractor Affidavit 2. Non - Collusion Affidavit of Sub - Contractor Note: The successful vendor will submit the above forms to the Procurement Department not later than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote the date forms are to be received). WARNING: Please review "Notice to Bidders" regarding Augusta Georgia's Local Small Business Opportunity Program Bidder Requirements. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or Inaccurate information upon which to base his qualifications. Blds/RFPs/RFQs are publicly opened. 11 is your responsibility to ensure that your company has met the Specifications and Licenses' requirements prior to submitting a Bid /RFP/RFO. Rev. 2/5/2013 Bid 14 -134 East Augusta Marron Homes Subdivision Page 5 of 23 G B R G I A Attachment B You Must Complete and Return all 3 pages of Attachment B with Your Submittal. Document Must Be Notarized. Augusta, Georgia Augusta Procurement Department ATTN: Procurement Director 530 Greene Street, Suite 605 Augusta, Georgia 30901 Name of Bidder: ' �, Street Address: k' , City, State, Zip Code: ; ". _ _. , _ . -- Phone: , �� >, i t t Fax f ' . ' Email: - ; �. . _ ;� 1 •s. r: �. Do You Have A Business License? Yes: - No: Business License # for your Company (Must Provide): / ' � 1 L r L ; t71 { ; (. Li .t - . r f t 1 - 7 Company must be licensed in the Govemmental entity for where they do the majority of their business. If your Governmental entity (State or Local) does not require a business license. your company Wift be required to obtain a Richmond County business license if awarded a Bi&RFP/RFO. For further information contact the License and Inspection Department © 706 312 -5162 List the State. City & County that issued your license: Acknowledgement of Addenda: ( #1) f : ( #2): (#3) _ (#4) : ( #5) : (#6) _: ( #7)_ (#S) NOTE: CHECK APPROPRIATE BONES).- ADD ADDmONAL NUMBERS AS APPLICABLE Statement of Non- Discrimination The undersigned understands that it is the policy of Augusta, Georgia to promote full and equal business opportunity for all persons doing business with Augusta, Georgia. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by Augusta, Georgia. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor /supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses. in conformity with Augusta, Georgia's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding/contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of non - discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; That the promises of non - discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and Incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling Augusta, Georgia to declare the contract in default and to exercise any and all applicable rights remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract. Bid 14-134 East Augusta Marion Homes Subdivision Page 9 of 23 Attachment B - Page 2 of 3 Non - Collusion of Prime Bidder /Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief (a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conflict of Interest By submission of a bid, the responding firm certifies. under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this ITB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub- consultant(s) has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. You Must Complete and Return all 3 panes of Attachment 8 with Your Submittal. Document Must Be Notarized Bid 14-134 East Augusta Marion Homes Subdivision Page 10 of 23 Attachment B - Page 3 of 3 Contractor Affidavit and Aareement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia Board of Commissioners has registered with and is participating in a federal work authorization program` [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in 0.C.G.A 13- 10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta, Georgia Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta, Georgia Board of Commissioners at the time the subcontractor(s) is retained to perform such service. Georgia Law requires your company to have an E Verify'User Identification Number (Company 1. D.) on or after July 1, 2008. For additional information or to enroll your company, visit the State of Georgia website: httas : / /e verifv.uscts.Qov /enrou/ and /or httD:// www .dol.state.ga.us /Ddf /rules/300 10 1.odf * * E- Verify * User Identification Number (Company I.D) 7 ';, ,,, „..r� , - NM: E•VERIFY USER IDENOIFlCATiON NUMBER (COMPANY 1.0.) MUST BE PROVIDED: IN ADDITION. THE RECOMMENDED AWARDED VENDOR WILL BE REQUIRED TO PROVIDE A COPY OF HOMELAND SECURITY'S MEMORANDUM OF UNDERSTANDING (MOU) The undersigned further agrees to submit a notarized copy of Attachment 8 and any required documentation noted as part of the Augusta, Georgia Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. I further understand that my submittal will be deemed non - compliant if any part of this process is violated. Company, Name BY: Authorized Officer or Agent (Contractor Signature) . t ._ Title of Authorized Officer or Agent of Contractor Printed Name of Authbrized Officer or Agent - SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 1 _t 1 DAY OF ekf tl &Al , 201(4 V NOt ' i0 Katie GurGy NOTARY SEAL Notary Public NOTARY PUBLIC My Commission Expires: D"1 (p to 11v I S Rict�rwrtd Courtly, GEORGIA My Ca►nlaelwl EWIrM 7$2015 You Must Complete and Return all 3 panes of Attachment B with Your Submittal. Document Must Be Notarized, REv. 8/15/2011 Bid 14-134 East Augusta Marion Homes Subdivision Page 11 of 23 G You Must Complete and Return with Your Submittal. Document Must Be Notarized ystematic Alien Verification for Entitlements SAVE) Program Affidavit Verifying Status for Augusta, Georgia Benefit Application By executing this affidavit under oath, as an applicant for an Augusta, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, Contract or other public benefit as reference in O.C.G.A. Section 5046 -1, I am statirN the following with respect to my bid for an Augusta, Georgia contract for (8/d/RFP/RFQ Protect Number and Project Name) JPrintR'ype: Name of naf Ural person applying on behalf of individual, business, corporation, partnership, or other private entity] Jprindr'ype Nam* of business, corporation, partnership. or other private entity) 1.) i I am a citizen of the United States. OR 2.) I am a legal permanent resident 18 years of age or older. OR 3,) I am an otherwise qualified alien (8 § USC 1641) or nonimmigrant under the Federal Immigration and Nationality Act (8 USC 1101 et seq.) 18 years of age or older and lawfully present in the United States. In making the above representation under oath, 1 understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 46 -40-20 of the Official Code of Georgia. Signature ofApp. cant _ Printed Name * Alien Registration Number for Non - Citizens SUB CRIBED AND SWORN BEFORE ME ON THIS THE t 4 DAY OF ]-.Q 1)410 11 20 )LI li 1 ' '� Katie Gurley 1 Notary Public ' a .r PUBLIC Richmond County, GEORGIA My Commission Expires: 01 IOU I an— IS My Commission Expires 742 W0ARY SEAL Note: THIS FORM MUST BE RETURNED WITH YOUR SUBMITTAL REV. 9/25/2012 Bid 14-134 East Augusta Marion Homes Subdivision Page 12 of 23 Zet- 0 O R C I A Local Small Business Opportunity Program Ordinance Requirements Notice To All Bidders (PLEASE READ CAREFULLY) Shall apply to ALL Bids/RFPs/RFQs regardless of the dollar amount In accordance with Chapter 108 of the AUGUSTA. GA. CODE, Contractors agree to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia upon request. The requirements of the Local Small Business Opportunity Program can be found at www.auctustaQa.aov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any as required by Augusta, Georgia. Such utilization reports shall be in the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta, Georgia. Required forms can be found at www.auqustaga.aov. If you need assistance completing a form or filing information, please contact the LSBO Program office at (706) 821 -2406. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the Contractor and/or collecting liquidated damages. To print a copy of the Prime Contractor Data Collection Form visit: http://www.auoustacia.00v/index.aspx?NID=1672 For questions and or additional information please contact: Mrs. Yvonne Gentry Local Small Business Opportunity Program 530 Greene Street, Room 305 Augusta, Georgia 30901 (706) 821 -2406 Website: httD:// www. auquslaga.govfindex.aspx ?nid =83 Bid 14.134 East Augusta Marion Homes Subdivision Page 15 of 23 SHALL APPLY TO PROJECTS $100,000 & V Local Small B Oppo Program (Cont inued) Sec. 1-10-129. Local small business opportunities program participation. (a) Sealed Bids, Sealed Proposals, Professional Services And Other Mafor Purchasing. The following procedures and contract requirements will be used to insure that local small businesses are encouraged to participate in Augusta, Georgia contracts, including but not limited to construction contracts, requests for professional services and the performance of public works contracts. The Augusta, Georgia user department shall indicate goals for local small business in all solicitations for contracts over $100,000 In value: (1) Bid conditions, requests for proposals, and all other specifications for contracts awarded by Augusta, Georgia will require that, where subcontracting goal is utilized in performing the contract, the bidder or proponent, will make Good Faith Efforts to subcontract with or purchase supplies from local small businesses. Bid specifications will require the bidder or proponent to keep records of such efforts that are adequate to permit a determination of compliance with this requirement. (2) Each bidder shall be required to provide documentation of achieving goal or provide documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts. and the scope of the work to be performed, recorded on the form(s) provided or made available as part of the bid package. If there are no sub - contracting opportunities, bidder shall so indicate on the appropriate form. (6) All bid documents shall require bidders or proponents to submit with their bid the following written documents, statements or forms, which shall be made available by the Procurement Department. (1) Non - Discrimination Statement which shall affirm the bidder's: (a) adherence to the policies of Augusta. Georgia relating to equal opportunity in contracting; (b) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (c) agreement not to engage in discriminatory conduct of any type. (11) Proposed Local Small Business Subcontractor /Supplier Utilization Plan. (iii) Documentation of Good Faith Efforts to use local small businesses. Failure to submit the above documentation shall result in the bid or proposal being declared non- responsive. (d) Post Contract Award Requirements. The purpose of this sub- section Is to establish requirements for contractor compliance with the LSBOP after a contract has been awarded. This is Incorporated into all Augusta, Georgia Contracts for which a local small business goal has been established or negotiated. (1) Contractors shall have an affirmative, ongoing obligation to meet or exceed the committed local small business goal for the duration of the contract. The Augusta, Georgia may deem a contractor to be In violation of the LSBOP and in breach of Its contract if at any time Augusta, Georgia determines that: (a) The contractor will not meet the committed local small business goals; and (b) the reasons for the contractors failure are within the contractor's control. For example, if a contractor does not meet the local small business goal because the contractor terminated a local small business without cause or if the contractor caused and local small business to withdraw from the project without justification, then Augusta, Georgia is justified in finding the contractor to be in violation of the LSBOP. (h) Compliance. (4) The Director of minority and small business opportunities shall be responsible for evaluating good faith efforts documentation and subcontractor Information submitted by bidders in conformance with, the AUGUSTA, GA. CODE and any State and Federal Laws applicable to any bid specifications for competitive sealed bid or competitive sealed proposal projects prior to award of the contract. (1) Competitive Bids. Nothing in this Policy is to be construed to require Augusta, Georgia to award a bid contract to other than the lowest responsible bidder, or to require contractors to award to subcontractors, or to make significant material purchases from local small businesses who do not submit the best overall pricing to Augusta, Georgia. Sec. 1 -10 -130. Exceptions — federally funded projects. In accordance with § 1 -10-8 and Chapter 10B, the LSBOP shall only be utilized with federally funded projects, solicitations or contracts as authorized by federal (and Georgia) laws, regulations and conditions applicable to such projects. To the extent that there are any conflicts between any such laws, regulations or conditions and the LSBOP, the federal (and Georgia) laws, regulations and conditions shall control. For Questions and or additional information please contact: Mrs. Yvonne Gentry, Local Small Business Opportunity Program, 530 Greene Street, Room 305, Augusta, Georgia 30901 (706) 821 -2406. NOTE: All forms should be submitted in a separate, sealed envelope labeled Local Small Business Required Forms, Company's Name & Bid Number. Bid 14 -134 East Augusta Marion Homes Subdivision Page 16 of 23 Local Small Business Goal The Local Small Business Opportunity Program provides for Local Small Business goals to be set on all applicable Augusta, Georgia procurements over $100,000 in value.] The Local Small Business goal for this procurement is: ___ All bidders or proposers shall submit the following with their bid or proposal as required by Augusta, GA Code § 1-10-129:2 1. Non - Discrimination Statement: As required by the Procurement document. 2. Proposed Local Small Business Subcontractor /Supplier Utilization Plan. 3. Documentation of Good Faith Efforts to use local small businesses. 4. Local Small Business Utilization document. Failure to submit the above documentation shall result in the bid or proposal being declared non - responsive. 1 Even when a solicitation does not contain a Local Small Business goal (or the goal is set at zero), each Bidder must negotiate in good faith with each local small business that responds to the Bidder's solicitation and each local small business that contacts the Bidder on its own accord. Self-performance does not exempt Bidders from Local Small Business Opportunity Program requirements unless the self - performer is a qualified and registered Local Small Business, All of the requirements of the Local Small Business Opportunity Program can be found in Augusta, GA Code, Chapter 10B. 2 Applicable forms are available on Augusta Georgia's Disadvantaged Business Enterprise websitc: www_augustata.taov. 3 Only one Non - Discrimination statement is required "See Attachment B ". Bid 14-134 East Augusta Marion Homes Subdivision Page 17 of 23 Local Small Business Opportunity Program Requirements Augusta, Georgia has adopted a race and gender neutral Local Small Business Opportunity Program ( LSBOP). See Augusta, GA Code, Chapter 10B. Bidders are encouraged to carefully review the all of the requirements of the LSBOP which can be found on Augusta, Georgia's Disadvantaged Business Enterprise Department website (www.auoustaga.gov). All of the requirements of the LSBOP become covenants of performance upon award of this procurement, The LSBOP provides for Local Small Business (LSB) goals to be set on all applicable procurements over $100,000 in value and even when a solicitation does not contain a LSB goal, each Bidder must negotiate in good faith with each local small business that responds to the Bidder's solicitation and each local small business that contacts the Bidder on its own accord. Self- performance does not exempt Bidders from the LSBOP requirements unless the self - performer is a qualified and registered LSB. (See Augusta, GA Code § 1 -10 -129). I. The pre - award requirements of the LSBOP are material conditions of this procurement. A Bid shall be rejected if it is determined that a Bid falls to meet the required LSBOP requirements, including but not limited to, failing to provide the Required Pre -Award Bid Submittal documents, falling to provide commitments to achieve the applicable Project Specific LS8 Goals (or the Bidder's documented Good Faith Efforts to do so). A Contractor's failure to carry out in good faith its Project Specific Goal commitments in the course of the Contract's performance shall constitute a material breach of the Contract and a violation of the AUGUSTA, GA CODE. If the breath is not cured within a reasonable amount of time, It may result in the termination of the Contract or such other remedies afforded by Federal, State or Local law. II. Good Faith Efforts, Pursuant to AUGUSTA, GA CODE SEC. 1- 10- 125(4) Good Faith Efforts shall be used by a bidder to seek Local Small Businesses to participate as a subcontractor or supplier. Such good faith efforts include, but are not necessarily limited to, the following actions: (a) Including qualified Local Small Businesses in the prime contractor's solicitations for subcontractors and suppliers. (b) Assuring that local small businesses are solicited whenever such business enterprises can perform a commercially useful function. (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of Local Small Businesses. (d) Establishing delivery schedules, where the requirements of the prime contract permit, which encourage participation of Local Small Businesses. (e) Using the services and the assistance of the Director of minority and small business opportunities in the identification of qualified local small businesses and negotiating subcontracts and supply contracts with such enterprises. (f) Requiring each first tier subcontractor to take the affirmative steps outlined within the AUGUSTA, GA CODE with respect to the identification and usage of second or third tier sub - contractors. (g) Placing notices of opportunities for qualified Local Small Businesses to perform subcontracting work on the eligible project in newspapers, trade journals, and other relevant publications, including publications specifically targeted to local small businesses, or communicating such notices of opportunities via the Internet or by other available media or means. (h) Designating portions of the work for Local Small Business subcontracting in trades with available Local Small Business subcontractors. (i) Providing a minimum of five (5) day notice to Local Small Businesses when requesting bids or proposals for furnishing material or services as a subcontractor or supplier Ili. Required Pre - Award Bid Submittals. Pursuant to AUGUSTA, GA CODE SEC. 1 -10 -129 the following procedures and contract requirements will be used to insure that local small businesses are encouraged to participate in Augusta, Georgia contracts: Bid 14-134 East Augusta Marlon Homes Subdivision Page 18 of 23 (a) Each bidder shall be required to provide documentation of achieving the LSB goal or provide documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed. If there are no sub- contracting opportunities, bidder shall so indicate on the appropriate form. Forms may be found on the official website of Augusta, Georgia. (b) Each bidder shall submit with their bid the following written documents, statements or forms, which are available at the Disadvantaged Business Enterprise Department and on the Disadvantaged Business Enterprise Department website: (1) Non - Discrimination Statement which shall affirm the bidder's: (i) adherence to the policies of Augusta, Georgia relating to equal opportunity in contracting; (II) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (iii) agreement not to engage in discriminatory conduct of any type. (2) Documentation of Good Faith Efforts to use local small businesses. (3) Proposed Local Small Business Subcontractor /Supplier Utilization Plan. (4) Executed Letter(s) of Intent with entities identified in LSB Utilization Plan. Failure to submit the following documents in accordance with these requirements will cause the Bid or proposal to be declared non - responsive. Augusta, Georgia reserves the right to request supplemental information regarding a Bidder's submissions and the Bidder shall fumish such information in a timely manner. Failure to furnish information or otherwise cooperate may result in the rejection of the Bid. IV. LSB Utilization Plan. The Bidder must submit with its Bid a completed LSB Utilization Plan. The LSB Utilization Plan shall list the Subcontractor or Supplier's name(s), business address(s), telephone number(s), e- mail(s) and the name of the principal contact person(s) of each Subcontractor(s) or Supplier(s) intended to be used in the performance of the Contract, including firms proposed as to meet the Project Specific Goals. Where the solicitation requires the Bidder to submit a base bid and one or more alternates, the LSB Utilization Plan must demonstrate the Bidder's achievement of the Project Specific Goal(s) or its Good Faith Efforts to achieve the Project Specific Goal(s) on the base bid. V. Letters) of Intent. The Bidder shall submit with its bid completed Letter(s) of Intent (LOI) utilizing the Letter of Intent format provided by the Disadvantaged Business Enterprise Department documents. The LOI must be executed by an authorized representative of the local vendor identified on the Utilization Plan and by the authorized representative of the Bidder. The LOI must accurately and completely detail the work to be performed and /or the materials to be supplied, and the agreed rates and /or prices to be paid. All Utilization Plan commitments must conform to those Included in the submitted LOIs. The LOI will become a binding contract covenant upon the Bidder's receipt of a signed contract from Augusta, Georgia. VI. Post Award Requirements. (a) Substitutions, Additions or Deletions of LSB Subcontractors or Suppliers. In accordance with the requirements of the LSBOP, the Contractor shall provide the User Department, the Director of minority and small business opportunities and the Procurement Director written notice prior to replacing or terminating a LSB on a contract and must comply with the Good Faith Efforts requirement to replace the departing local small business with another local small business, Likewise, when new opportunities for subcontracting arise on a contract and Augusta, Georgia sets a supplemental local small business goal, the contractors shall comply with the Good Faith Efforts set in an effort to meet the supplemental local small business goal. Bid 14 -134 East Augusta Marion Homes Subdivision Page 19 of 23 (b) Contract Monitoring (1) Monthly Utilization Reports To evaluate the effectiveness of the LSBOP, Augusta, Georgia monitors the participation of Subcontractors and Suppliers on Augusta Georgia contracts. Each Contractor must submit a Monthly Utilization Report of Subcontract Payments by the 15 of each month, The Monthly Utilization Report must reflect, from project start to date, the Contractor's receipt of payments from Augusta Georgia and the utilization of and payments to all Subcontractors or Suppliers identified in the Utilization Plan. Failure to submit a completed monthly Status Report will be considered a contract breach. Return all Utilization Reports to: Disadvantaged Business Enterprise Department 530 Greene Street Room 306 Augusta, Georgia 30901 (2) Monitoring Procedures Procedures for monitoring contract compliance may Include, but are not limited to, site visits or telephone audits; consideration of requests for substitutions, additions, deletions, or change orders; and review and verification of payments to Subcontractors or Suppliers as documented by the Monthly Utilization Status Reports of Subcontractor /Suppliers Payments. Bid 14 -134 Easl Augusta Marion Homes Subdivision Page 20 of 23 PROJECT LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM LETTER OF INTENT TO PERFORM AS A SUBCONSULTANT /SUBCONTRACTOR/SUPPUER TO: (Name of Proposer) A. The undersigned intends to perform work in connection with the above project in the following capacity (check one): Individual Corporation Limited Liability Company (LLC) Partnership Joint Venture B. The Local Small Business Opportunity Program (LSBOP) status of the undersigned is confirmed as follows: By attachment of a current Certificate of Certification issued by the Department of Transportation By attachment of a current letter issued by the Disadvantaged Business Enterprise Office C The undersigned is prepared to perform the following work in connection with the above project D. The undersigned states that they will be performing % of the total project. E. The undersigned will sublet and /or award % of this subcontract to non -Local Small Business Opportunity Program contractors and /or suppliers. The undersigned will enter into a formal agreement for the above described work with the Proposer cited above conditioned upon the execution of a contract for the project cited herein between the Proposer and Augusta - Richmond County. (LSBOP Contractor Firm Name ) • Date ; a' . - % By t t+ 1 / - Signature of Authorized Representative) Bid 14 -134 East Augusta Marion Homes SubdhMsion Page 21 of 23 Disadvantaged Business Enterprise Department —/ • ": t G .. • ; : ; e I/ A Yvonne Gentry DBE Director January 8, 2014 Ms. Dwight Johnson DJ Construction 611 Sea Isle Drive Augusta, GA 30901 Dear Mr. Johnson: Your firm has been registered as a Local Small Business Opportunity Program (LSBOP) with the Augusta - Richmond County Disadvantaged Business Enterprise Department (DBE). Your company's registration will last for a period of two (2) years, beginning January 8, 2014. Registration entitles your firm to be included on the LSB website directory and your firm information will be submitted to all contractors bidding on the Augusta - Richmond County projects. Placement on the LSB Directory's list is no guarantee of solicitation for informal or formal invitation to bids/proposals. This is a service of convenience for the vendor and Augusta - Richmond County and not a binding assurance of solicitation. To insure maximum bid participation, vendors should register with DemandStar Service which will allow you to receive the appropriate bid specifications as they are issued. Please call toll -free 1 -800 - 711 -1712 or visit www.demandstar.com for more information. As .a registered firm, you are required to notify the Disadvantaged Business Enterprise Department of any changes in ownership and/or control of your firm. Failure to provide this notification, in writing, may result in your firm being removed from the Local Small Business Opportunity Program register. We welcome you to the Augusta - Richmond County Local Small Business Opportunity Program. S incerely, W Gatifr Yvonne Gentry DBE Director YG:ckc cc: Vendor File Disadvantaged Business Enterprise Department 530 Greene Street — Suite 305 - Augusta. GA 30901 (706) 821.2406- Fax (706) 821 -4228 W W W.AUGUSTAGA.GOV LOCAL SMALL BUSINESS UTILIZATION The undersigned bidder /offerer has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): c �c The bidder/offerer is committed to a minimum of % LSBOP utilization on this contract. The bidder /offerer if unable to meet the LSBOP goal of % will submit documentation demonstrating good faith efforts. Name of bidderlofferor's firm: ,r" ' - .., ; - (Print NEtrrt ) p 1 (Si1atre) (Date) ■ Sid 14-134 East Augusts Marion Homes Subdivision Page 22 of 23 1. . 18 41 s = c d u v 01. •••., C en .0 z otis C 4 4; E • 0 0 E < o 7.7 8 iv a. 2 1- 4.; 11.1 .c 2 TO 0 a 0. - N. 3 ar e ID It ft. 5. 0 c o & 401 • or) 0 '. c o c If; 0 C. t 0 4 0 8 I Do r "al m .13 , 0 4. .0 .0 - W uot a) •c 6. aft . E • n° c 2 r-,\ roV = I 0 u E c w 0 a ' = CD W I 0 a m 0 1 4 - • 2 1. _va:mocci m= c: 0 c 2 t co a. o t . 7 a ' D gl 111 E *.■ c -74 2- 12 .2 .0) w w = 4r) e • C To cc co k" ■1. = C. 11 0. . 0 SL a) _ E 4 o o 2 E 0. W O. n r. 0 Z 0.0 • C ro' 0 16 a w • Revision Dace Aug.. 3007 GENERAL CONDITIONS ARTICLE I-- DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: Addenda -Any changes, revisions or clarifications of the Contract Documents which have been duly issued by OWNER to prospective Bidders prior to the time of opening of Bids. Agreement -The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment -The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds -Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order -- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents -The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price -The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time -The number of days (computed as provided in paragraph 17.2.1) or the date stated in the Agreement for the completion of the Work. CONTRACTOR -The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY - Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta, Georgia Commission, and its authorized designees, agents, or employees. Day - Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. 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, GC -1 Revision Dare AL>ust 2001 reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings -The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. Effective Date of the Agreement -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia. Field Order -A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. General Requirements - Sections of Division I of the Specifications. Laws or Regulations -Laws, rules, regulations, ordinances, codes and /or orders. Notice of Award -The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. OWNER- Augusta, Georgia, and the Augusta, Georgia Commission. Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended or for a related purpose) before reaching Substantial Completion for all the Work. PROFESSIONAL -The Architectural /Engineering firm or individual or in -house licensed person designated to perform the design and /or resident engineer services for the Work. PROGRAM MANAGER — The professional firm or individual designated as the representative or the OWNER who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an OWNER designated program. Project -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Project Area -The area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. Project Manager -The professional in charge, serving OWNER with architectural or engineering services, his successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work embraced in this Contract. Resident Project Representative -The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is assigned to the site or any part thereof. Shop Drawings -All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and GC -2 August 2001 submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Revision Dete Specifications -Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor -An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion -The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions -The part of the Contract Documents which amends or supplements these General Conditions. Supplier -A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Price Work -Work to be paid for on the basis of unit prices. Work -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Change Directive -A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. Written Amendment -A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non - engineering or non - technical rather than strictly Work- related aspects of the Contract Documents. GC -3 EAGLE UTILITY CONTRACTING, INC. Financial Statements For the Six Months Ended June 30, 2013 HUBERT A. BRISCOE, CPA Certified Public Accountant P. 0. Box 531 Winder, Georgia 30680 -0531 HUBERT A. BRISCOE, CPA l ife d 9 as c2Siccooneaeit AlC .WUrrum C. © Box 531 ra .o n 47 North Center Street C PA c.nw�n .uwu.ee au,.r„ Winder, Georgia 30680 -0531 Office (770) 867-1270/ Fax (770) 867 -8798 ACCOUNTANTS' REVIEW REPORT To the Board of Directors Eagle Utility Contracting, Inc. Bishop, Georgia 30621 We have reviewed the accompanying Balance Sheet of the Eagle Utility Contracting, Inc. (a corporation) as of June 30, 2013, and the related Statement of Operations, Retained Earnings and Cash Flows for the six months then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements are the representation of the management of Eagle Utility Contracting, Inc. A review consists principally of inquiries of management personnel and analytical procedures applied to financial data. It is substantially less in scope than that of an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. HUBERT A. BRISCOE, CPA Winder, Georgia 30680 -0531 July 26, 2013 Eagle Utility Contracting, Inc. Balance Sheet June 30, 2013 ASSETS Current Assets: Cash & Cash Equivalents $ 76,065 Accounts Receivable 490,415 Advances (Employees) 443 Inventory (Work in Progress) 0 Income Tax Deposits 590 Costs and Estimated Earnings in Excess of Billings on Uncompleted Contracts (Note B) 0 Total Current Assets $ 567,513 Property and Equipment (Note A): Land $ 64,699 Buildings 164,606 Office Equipment 13,568 Tools 33,509 Machinery Equipment 1,559,726 Vehicles 262,396 $ 2,098,504 Less Accumulated Depreciation (1,542,337) Net Property and Equipment $ 556,167 Other Assets: Utility Deposits $ 600 Organizational Costs Less Accumulated Amortization 400 (400) Net Other Assets $ 600 TOTAL ASSETS $ 1,124,280 LIABILITIES AND STOCKHOLDER'S EQUITY Current Liabilities: Accounts Payable $ 177,020 Payroll Taxes Payable Income Taxes Accrued C) 4,3 1 0 Current Portion - Long Term Debt (Note C 10 Billings in Excess of Costs and Estimated 81'792 2 Earnings on Uncompleted Contracts (Note B) 211 Total Current Liabilities $ 263,365 Long Term Liabilities: Notes Payable (Note C) 5 280,844 Stockholder's Equity: Common Stock, $1 par value, Authorized 10,000, Issued 55,000 $ 5,000 Paid in Capital Retained Earnings 285,000 290,071 Total Stockholder's Equity $ 580,071 TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $ 1,124,280 See accompanying notes and accountants' review report . 2 Eagle Utility Contracting, Inc. Statement of Operations and Retained Earnings For the Six Months Ended June 30, 2013 Revenues (Page 9) $ 1,949,322 Cost of Revenues Earned (Page 10) 1,885,776 Gross Margin a 63,546 General and Administrative Expense: Salaries & Wages (Office) $ 7,800 Payroll Taxes (Office) 875 Bad Debt Expense 3,930 Depreciation (Office Building & Equipment) 1,494 Insurance (Office) 4,418 Office Expense 5,983 Professional Fees (Legal & Accounting) 1,500 Repairs & Maintenance 1 ,200 Taxes & Licenses Telephone 3,749 Utilities 3,914 12,469 Total Expenses $ 47,332 Operating Income (Loss) S 16,214 Non - Operating Income (Expenses): interest Expense $ (8,989) Total Non - Operating Income (Loss) s (8,989) Income (Loss) before income taxes s 7,225 Less: Provision for Income Taxes (10) Net Income (Loss) 7,215 Retained Earnings - Beginning of Period 282,856 Retained Earnings - End of Period 290,071 See accompanying notes and accountants' review report 3 Eagle Utility Contracting, Inc. Statement of Cash Flows For the Six Months Ended June 30, 2013 CASH FLOWS FROM OPERATIONS: Net Operating Earnings (Loss) $ 16,214 Adjustments to reconcile net earnings (loss) to net cash provided by (used in) operations: Depreciation 52,854 Changes in assets and liabilities: Decrease (increase) in: Accounts Receivable & Prepaid Taxes 34,903 Inventory (Work in Process) 73,925 Advances (306) Cost and Estimated Earnings in Excess of Billings 0 Increase (decrease) in: Accounts & Income Taxes Payable (36,430) Payroll Taxes Payable 718 Billings in Excess of Cost and Estimated Earnings 0 NET CASH PROVIDED BY (USED IN) OPERATIONS $ 141,878 CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of fixed assets $ (199,005) NET CASH PROVIDED BY (USED IN) INVESTING ACTIVITIES $ (199,005) CASH FLOWS FROM FINANCING ACTIVITIES: Loan proceeds $ 186,942 Repayment of debt (77,892) Interest Expense (8,989) NET CASH PROVIDED BY (USED IN) FINANCING ACTIVITIES $ 100,061 NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS $ 42,934 CASH AND CASH EQUIVALENTS - Beginning of Period 33,131 CASH AND CASH EQUIVALENTS - End of Year $ 76,065 See accompanying notes and accountants' review report 4 l e ty tracti . t s Notes t Utility the Fi nancial St atemen For the Six M on th s Con Ended J une 30 2013 (See Accountants' Review Report) Note A. Nature of Operations and Summary of Significant Accounting Policies: Nature of Operations: Eagle Utility Contracting, Inc. (the Company) is a corporation organized under the laws of the State of Georgia and incorporated on July 23, 1990. Basis of Accounting; The Company maintains its accounting books and records using the percentage of completion method. Income Taxes: The Company calculates income for federal and state tax reporting under the cash basis. Use of Estimates: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results may differ from those estimates. Cash, Cash Equivalents and Investments: Cash and cash equivalents include all monies in banks and highly liquid investments with maturity dates of less than three months. The carrying value of cash and cash equivalents approximates fair value because of the short maturities of those financial instruments. Investments are stated at cost or amortized costs, which approximates market. The Company had no investments as of June 30, 2013. Property and Equipment: Property and equipment are stated at cost. Depreciation on property & equipment is calculated using accelerated methods over estimated useful lives of the assets Organizational cost were amortized over sixty months using the straight line method and are fully amortized. 5 Eagle Utility Contracting, Inc. Notes to the Financial Statements For the Six Months Ended June 30, 2013 (See Accountants' Review Report) Note B. Cost and Estimated Earnings on Uncompleted Contracts: Costs incurred on uncompleted contracts $ 1,615,050 Estimated earnings 74,226 $ 1,689,276 Less: Billings to date 1,689,487 $ (211) The $211 is reflected on the accompanying Balance Sheet as follows: Cost and estimated eamings in excess of billings on uncompleted contracts $ 0 Billings in excess of costs and estimated earnings on uncompleted contracts 211 $ (211) Note C. Long Term Liabilities: Debt: The Company has two Tong -term notes with Georgia Bank & Trust. Note 1 for real estate (shop building) expiring on March 17, 2015, bearing interest at 8.20 %, with a balance of $45,789 as of June 30, 2013. Note 2 for the payoff of a line of credit with Community & Southern Bank expiring on September 7, 2015, bearing interest at 6.00 %, with a balance of $40,031 as of June 30, 2013. The Company has one long -term note for operating funds and refinanced equipment notes with Community & Southem Bank, expiring on May 25, 2014, bearing interest at 6.585 %, with a balance of $53,113 as of June 30, 2013. The Company has two Tong -term equipment notes with Volvo Financial Services. Note 1 expires on February 20, 2014, bearing interest at 5.351 %, with a balance of $23,872 as of June 30, 2013. Note 2 expires on March 20, 2017, bearing interest at .62 %, with a balance of $81,175 as of June 30, 2013. 6 Eagle Utility Contracting, Inc. Notes to the Financial Statements For the Six Months Ended June 30, 2013 (See Accountants' Review Report) Note C. Long Term Liabilities - Continued: The Company has one long -term vehicle note with Ford Motor Credit, expiring on August 23, 2014, bearing zero interest with a balance of $20,348 as of June 30, 2013. The Company has one long -term equipment note with CNH Capital, expiring on March 20, 2018, bearing interest at 3.65 %, with a balance of $98,308 as of June 30, 2013. Notes payable maturities are as follows: Community 8 Georgia Bank Volvo Financial Ford Motor CNH J4n00 Southern.Bai & Trust Servic Credit Capital Walt 2013 521,287 515,998 $28,697 59,392 56,420 2014 31,826 26,387 27,415 10,956 13,197 09,781 2015 0 23,616 21,664 0 13,687 58,967 2016 0 19,821 21,800 0 14,195 55,816 2017 0 0 5471 0 14,722 20,193 2018 0 0 0 0 36,087 Totals 553,113 585,820 32,636 Less Current 5105,047 520,348 598,308 362,636 Portion 21,287 15,996 28,697 9,392 6,420 Long -term 81,792 Debt 531,826 569,824 576,350 510,956 591,888 5280,844 Note D. Allowances for Uncollectibles: The Company contracts with city and county governments and sub - contracts with bonded large construction companies. Although, collection of accounts receivable should be one hundred per cent (100 %), the Company allows for possible uncollectible at a rate of .79% of Accounts Receivable. The bad debt expense for this period was $3,930. 7 Eagle Utility Contracting, Inc. 1350 Branch Road Bishop, Georgia 30621 -1729 Phone (706) 769-6015 Fax (706) 769 -1638 Email: eaglentilityAbellsoath.net RELEVANT EXPERIENCE OF BIDDER US Hwy 1 Water System Improvements Laney Walker Emergency Sewer Repair Augusta Utilities Dept. (706) 312 -4132 Augusta Utilities Dept. (706) 312 -4132 Engineer: James G. Swift & Associates AUD Engineering Dept. $711,170.39 $ 1,138,854.36 Completion: September 23, 2003 Completion: June 29, 2007 Jamestown Sewer Extension Willow Oak Subdivision Water, Sewer, Augusta Utilities Dept. (706) 312 -4132 Storm Sewer Lines —Bill Beasley Dev. Engineer: Johnson, Laschober & Associates Engineer: Southern Partners, Inc. $1,373,073.00 $1,339,633.85 Completion: February 17, 2004 Completion: August 1, 2008 Jamestown Sewer Extension, Phase I1 Wrens, GA Sewer System Improvement Augusta Utilities Dept. (706) 312 -4132 City of Wrens (706) 547 -3000 Engineer: Johnson Iaschober & Associates Engineer: G. Ben Turipseed Engineers $1,889,664.50 $543,320.00 Completion: June 14, 2005 Completion: February 9, 2009 Horsepen Sanitary Sewer Extension Pembroke, GA Water & Sewer System Augusta Utilities Dept. (706) 312 -4132 City of Pembroke (912) 653 -4413 Engineers: Johnson, Laschober & Associates Engineer: P. C. Simonton & Associates $2,203,807.14 $1,506,966.75 Completion: April 3, 2006 Completion: February 16, 2010 Upper Butler Creek Sanitary Sewer Extension City of Warrenton, GA Sewer System Augusta Utilities Dept. (706) 312 -4132 City of Warrenton (7006) 465 -3282 Engineer: James J. Swifl & Associates Engineer: G. Ben Tumipseed Engineers $1.516,235.20 $546,842.30 Completion: December 31, 2006 Completion: June 28, 2010 Upper Butler Creek - Grovetown Extension $485,154.00 City of Hephzibah, GA Sewer Sys. Imp. Completion: September 30, 2007 City of Hephzibah (706) 592 -4423 Engineer: G. Ben Tumipseed Engineers Wrens, GA Sewer System Improvements $157,672.00 City of Wrens (706) 547 -3000 Completion: June 28, 2010 Engineer: G. Ben Tumipseed Engineers $774,859.10 City of Portal, GA Proposed Municipal Completion: February 13, 2008 Sewer Expansion City of Portal (912) 865 -2561 Engineer: Carter & Sloope, Inc. -Macon $893,606.80 Completion: 5/25/2010 Horsepen Phase 2 -B Sewer Collection System Warrenton, GA Dig & Replace Sewer Augusta Utilities Dept. (706) 312 -4132 City of Warrenton (706) 465 -3282 Engineer: Johnson, Laschober & Associates Engineer: G. Ben Turnipseed Engineers $1,770,161.00 $319,528.68 Completion: December 27, 2010 Completion: May 27, 201 1 FY 2009 Sanitary Sewer & Drainage Imp. City of Blythe Hood Chapel Road Water City of Thomson (706) 595 -1781 Line Extension Engineer: Civil Design Solutions, LLC City of Blythe (706) 592 -6255 $513,679.59 Engineer: G. Ben Turnipseed Engineers Completion: August 2, 2011 $89,259.45 Completion: October 9, 2011 City of Wrens Sewer System Improvements City of Wrens (706) 547 -3000 Engineer: G. Ben Turnipseed Engineers $433,520.40 Completion: December 5, 2011 Task Order Work for Augusta Utilities Dept. City of Augusta (706) 796 -5067 Engineering Bennington Drive Pipe Replacement #9 $25,886.40 Completion: October 14,2011 Perimeter Parkway Sewer Repair #10 Augusta- Richmond County (706) 821 -1706 $18,915.00 Completion: March 2, 2012 Westminister School Emergency Sewer Repair #12 Augusta- Richmond County (706) 821 -1706 $73,610.00 Completion: March 13, 2012 1 Eagle Utility Contracting, Inc. 1350 Branch Rd. Bishop, GA 30621 706- 769 -6015 Office 706- 769 -1638 Fax Iotilkty EQUIPMENT UST 2013 Case EX 350C series Excavator 2003 Volvo EC 2908 series Excavator 2005 Volvo EC 2408 series Excavator 2009 Volvo EC 160C series Excavator 2011 Volvo EC 88C series Excavator 2007 Kabota KX -161 Excavator 1998 Case 7218 Wheel Loader 2005 Volvo 170E series Wheel Loader 2013 Volvo L7OG series Wheel Loader 1998 Case 580 Super L Loader Backhoe 1990 Case 1155E Track Loader 2011 Case 750L series Dozier 2005 Wacker RT-85 Trench Compactor 2013 Bomag Trench Compactor 2002 Wacker 54" Asphalt Roller 2003 Bomag 60" Sheepsfoot Compactor 1999 McLaughlin 30/36 Boring Machine 2001 McLaughlin 20/24 Boring Machine 1995 Thompson 4V Pump 2002 Thompson 4V Pump 1996 Ingersol 185 Air Compressor New Holland 4630 Tractor John Deere 3230 Tractor with 60" Sweepster Broom 2 each 8' x 16' trench shields 2 each 8' x 20' trench shields leach 4' x 20' trench shield 1 each 8' x 24' trench shield 4 each pipe grade lasers 1993 Peterbuilt low -Boy 1989 Peterbuilt 10 wheel Dump Truck 2011 Ford F -450 Tool Truck 2002 Ford F -550 Tool Truck 2000 Ford F -550 Tool truck 1995 Chevrolet C7 Dump Truck 2 each Miller Big 50 Welding Generators EAGI J CONTRACTING, INC. 235 Branch Road Bishop, Georgia 306 Phone: (7o6)769- o6isFax: (706)769 -1638 CERTIFICATE OF INCUMBENCY STATE OF GEORGIA COUNTY OF OCONEE This is to certify that I am Judy H. Highfield, Secretary — Treasurer of Eagle Utility Contracting inc. of Bishop, Georgia. As such I keep its official records, including its minutes, and in that capacity do certify that the attached material is a true and correct copy of its official minutes of duly set meeting of August 24, 2002. The resolution set out in the minutes remains of full force and effect, without modification or repeal. The incumbent officer or officers authorized to execute the instruments referred to be Tony Highfield its President, Anthony P. Highfield its Vice President, William Timothy McElroy its second Vice President, and Judy H. Highfield its Secretary — Treasurer; each now being empowered so to act. Witness my official signature and seal this 18` day of May, 2007. / i� %r 1 ° • - Name: ..>1 r! Title: . _ • . _ —��, - -- County Of Oconee State Of Georgia I II I Personally before me, the undersigned authority, appeared -. V etj 1 • , t 7 Jt t (1 who is known tomett jitr If; . the fun Eagle lit. ill ty Cont rari ng. Inc.. who after being du1 tk) ��,! '� }f' oath that he had read the above statement and that the same is true and , f l l • witty %A ' . '_.• .t.. - 0 Notary Public My commission p U BU .93/a- p es� - 1. ,A �� SECTION A AGREEMENT AGREEMENT This AGREEMENT, made on the day of ,20 , by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA - RICHMOND COUNT COMMISSION, party of the first part, hereinafter called the OWNER, and 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: EAST AUGUSTA WATER UTILITY PROJECT — MARION HOMES SUBDIVISION 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. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 14 calendar days after the date of written notice by the Owner or the Contractor to proceed. All work shall be substantially completed within 120 calendar days with all such extensions of time as are provided for in the General Conditions. Substantial completion shall be defined as sewer being in service. Final completion shall be 150 days after substantial completion. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion 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 Contractor 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 the sum ($ )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. A -1 The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability 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 of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III — PAYMENT (A) The Contract Sum The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the BID FORM and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (B) Progress Payment On no later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and /or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor go% of the amount of the estimate on units accepted in place. The io% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within io days made such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor ,including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A -2 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. ....., —. it OWNER: AUGUSTA, GEORGIA ......--...f-.-..-• °t ,,,„...t.vot..Nl iltv t •10g ..11"" VISA tr ATEST: .,. . - ca..... ‘ 1 0 s, • ':C' '',, '' .... k 0 „,,.L B B 7 kz4 :. Am ' .-:: : 4 //64 The Honorable Dele Cof N' .4(1 be4a÷.--139914e . 4■4'0,244 03; *... • i 1 4 '4 4 Mayor / I r f; 7..”. 0 • ' : ) 4). Clerk of the Comil Oit. —s t-11/' e e it. c‘",, - . ; ,, Date: ) -( r!. '.. '- ,..% ' .. -:; Da le: .. „,.. si. .. ,, i . - .. • , ......... , APPROVED AS TO EORM: ' ' . : DEPARTMENT APPROVAL: .. . -,- . ^ , , By A ,,,‘ 4, . , Thomas D. Wiedmeier Attorney Director, Augusta Utilities Department Date: / Date: S7t /j1.- CONTRACTOR: Eagle Utility Contracting, Inc. / ATTEST: / SEpt. N i 7 By / : / ,-,± ,{, - 3 : 4 L- v - / 1: / L ---- t i Name: Anthony it". Hi Narze: shfield Judy H. Hight t Title: Vice President Title: Secretary—Treasurer Date: Date: A-3 , NOTICE OF AWARD DATE: �J itil i CONTRACTOR: Eagle Utility Contracting Inc. t ADDRESS: 1350 Branch Road Bishop GA - 306211729 City State Zip Code PROJECT: E. Aug Water Util Proj - Marion Hms Subd PROJECT NO: At a meeting of the held on (Date) you were awarded the Contract for the following Project: Enclosed please find 5 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 within 10 days from the date of this letter, excluding Legal Holidays. The Certificate of Insurance must be complete. Power of Attorney must be submitted in triplicate; an original and two copies is permissible. Very truly yours, 411,1M1 • Project Engineer I Recl : pt of this NOTICE OF AWARD is hereby acknowledged this, /q4 day of / 1 , 20 ( 9 the / 7 ) f t sCoft tractor f By Title Please sign and return one copy of this Notice of and Ackfiowledgement to: Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 NOTICE TO PROCEED DATE: TO: Name Eagle Utility Contracting, Inc. Attn:Firm Contact Address1350 Branch Road City, State 30904 Bishop, GA 30621 -1729 PROJECT: Name E. Aug Water Utility Project - Marion Homes Subd. PROJECT NO: You are hereby notified to commence WORK in accordance with the Agreement dated on or before , and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore Very truly yours, Project Engineer Receipt of this NOTICE TO PROCEED is hereby acknowledged This, the day of , 2014 i f Contractor By: The: i Please sign and return one copy of this Notice to Proceed Acknowledgement to: Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond Number CBB36937 KNOW ALL MEN BY THESE PRESENTS, that we Eagle Utility Catig, I . 1350 Br anc h R oa d (Here insert full name and address ontr or c lega ti of nc Contractor) Bishop, GA 30621 as Principal, hereinafter called the Principal, and National American insurance Company P.O. Box 9 (Here Insert full name and address or legal title of Surety) Chandler, OK 74834 a corporation duly organized under the laws of the State of Oklahoma as Surety, hereinafter called the Surety, are held and firmly bound unto Augusta, Georgia Commission 530 Greene Street (Here insert full name and address or legal title of Owner) Augusta, GA 30901 as Obligee, hereinafter called the Obligee, in the sum of 10 % of the amount bid not to exceed Ten Percent of Amount Bid * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Dollars ($ tO% of Amount Bid* ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Augusta Water Utility Project - Marion Homes Subdivision (Here insert fail name and address and description of project) Augusta, GA Project No.14 -134 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 26th day of February ,2014 Eagle Utility Contracting, Inc. (Principal) (Seal) (Witness) ;' (Idtle) V . National American Insurance Company (Surety) (Seal) (Witness) Anthony M. DiGeronimo (Tllle) Attorney -In -Fact AIA DOCUMENT A310 BONG ' Alike ' FEBRUARY 1970 ED' THE AMERICAN INSTITUTE OF ARCHITECTS 1735 N Y AVE . N W . WASHINGTON. D C 20006 1 9/93 NATIONAL AMERICAN INSURANCE COMPANY Bond 36937 CHANDLER, OKLAHOMA Number CBB POWER OF ATTORNEY DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Oklahoma, Having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution. adopted by the Board of Directors of the said Company on the 8th day of July, 1 887, to wit "Resolved. That any officer of the Company shall have authority to make, execute and deliver a Power of Attomey constituting as Attorney -in -fact, such persons, fans, or corporations as may be selected from time to time. Resolved that nothing in This Power of Attorney shall be construed as a grant of authority to the attorney(s) -in fact to sign, execute, acknowledge. deliver or otherwise issue a policy or policies of insurance on behalf of National American Insurance Company. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which 4 is attached." National American Insurance Company does hereby make, constitute and appoint Anthony M. DiGeronimo its true and lawful attorney(s)-in -fad, with full power and authority hereby conferred in Its name, places and stead. to sign, execute, acknowledge and deliver in its behalf, and its act and deed. as follows, The authority of said Attorney -in -fact to bind the company shall not exceed 53.000,000 for any single bond Ana to bind National American Insurance Company thereby es fully and to the same extent as if such bonds and documents relating to such bonds were, signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. o we osS NATIONAL AMERICAN INSURANCE COMPANY ri ` *too 4 5 r n )/1/./. ' SEAL / /r +J°_ r ay s J i A1� W. Brent LaGere, Chairman & Chief Executive Officer STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 26 day of September, A.D. 2011, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides In the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the Notional American Insurance Company, the corporation described In and which executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to the said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. ,,• OFFICIAL SEAL '" JANET TAYLOR qt.lfdahl � �= NOTARY PUBLIC OKLAHOMA °s .J�,r .• ,� OKLA COUNTY MY COMM. N0. 0 006203 Notary Public t ':: , ; 0 • MY COMM. EXP. I My Commission Expires April 18, 2014 STATE OF OKLAHOMA ) Commission #02006203 COUNTY OF LINCOLN ) SS: I, the undersigned, Assistant Secretary of the National American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force. Signed and Sealed at the City of Chandler. Dated the 26 th day of February , 7014 G IN 11184, i t � ce Tip • N. I SEAL = C"reft- s %LAroo Joyce M. Seitz, Assistant Secretary SECTION BB BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the as Principal, and as Surety, are hereby held and firmly bound unto the Augusta, Georgia Commission of Augusta, Georgia as Owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of , 20 The condition of the above obligation is such that whereas the Principal has submitted to the Augusta, Georgia Commission of Augusta, Georgia, a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the EAST AUGUSTA WATER UTILITY PROTECT - MARION HOMES SUBDIVISION, for Augusta, Georgia in accordance with plans and specifications of the AUGUSTA UTILITIES DEPARTMENT. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, ( b ) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. BB -I The Surety , for value receive, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed and sealed this day of A. D. 20 . Witness (Seal) (Principal) Attest By (Seal) (Title ) Witness (Seal) (Surety) Attest By (Seal) (Title) BB -2 Bond No. CBB38698 SECTION PB PERFORMANCE BOND (NOTE : THIS BOND IS ISSUED SIMULTANEOUSLY WITH 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: That Eagle Utility Contracting, Inc. as Principal, hereinafter called Contractor, and National American Insurance Company a corporation organized and existing under the laws of the State of Oklahoma ,with its principal office in the City of Chandler ,State of Oklahoma , as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND TIIROUGH THE AUGUSTA COMMISSION as Obligee, hereinafter called the Owner, in the penal amount of sPVni- sn'f too *sand On Hu Dollars ($ 646, 176.50 *) for the payinent whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the EAST AUGUSTA WATER UTILITY PROTECT - MARION HOMES SUBDIVISION in accordance with the drawings and specifications issued by the Augusta Utilities Department and the Augusta - Richmond County Commission, 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 Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or ( Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default a succession of PB -1 Bond No. CBB38698 - . defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, Iess the amount properly paid by Owner to Contractor Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 22nd day of April A. D. 2014. r Wit O ; W ill ( LLL ./,,f ' Eagle Utility Contracting, Inc .(Seal) Gt (Contractor) f { j:. i '7� Att � / i' "� , ,v Vie,/ � /%' ' -- B Y r , --�__ . (Seal) � / —. (Title) ' , ` i.e t ‘ /7.t J - t-.� i ' National American Witness. , / /, :, ~,,,,'/ : ',>�,/ Insurance Company (Seal) (Surety) Attest . / /e2- t t 7. 2,- ./U ?" zn .� , By / . .7 • 'r (Sea Anthony M. D` e nimo itte) Attorney -In- act O' A 8 I k I PB -2 r i Bond No. CBB38698 - Cont. SECTION PB LABOR AND MATERIAL PAYMENT BOND NO'T'E: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB -I, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) KNOW ALL MEN BY THESE PRESENTS: That Eagle Utility Contracting, Inc. as Principal, hereinafter called Contractor, and National American Insurance Company_ a corporation organized and existing under the laws of the State of Oklahoma with its principal office in the City of Chandler , State of Oklahoma as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA, GEORGIA COMMISSION, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as herein below defined in the amount of S Six Hundred Forty -Six Thousand One Hundred Dollars {$66, 176.50' eventy-Six and $ for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the MARION HOMES WATER MAIN IMPROVEMENT PROTECT in accordance with drawings and specifications issued by the Augusta Utilities Department and Augusta- Richmond County Commission, 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 promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly 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 not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such TM PB -3 Bond nt No. CBB38698 - Co. claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3 ) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the Last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may 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 one ( 1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made m good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may he filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. PB -4 Borgi . CBB3 86 98 - Signed and sealed this 22nd day of April A. D. 20 14. / wit 6,1,4, 1_, I I/ ( , I 4-,,,,,,L(.. 0, Eagle Utility Contracting. Inc. (Seal) (Contractor) 4',/ /: / - ' / ,./ , Attest___ -7 6 i.., ',. 1 l',/ .'": By , ..,__ .--.-- C._ . National American Witness -- , , ,...-i, . y ,. , ,,, : Insurance Company (Seal) (Surety) -- ny Attest '' ''' ,!' I' 1 ,/ i {-1 -..,* / le il I3y 7 1_4 m / / • — 7_(Se — al) o . ri -ronimo / itle) Attorney-In- act 1 1 ■ PB-5 1 1 NATIONAL AMERICAN INSURANCE COMPANY CHANDLER, OKLAHOMA Number: CBB38698 POWER OF ATTORNEY DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Oklahoma, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attomey constituting as Attomey -in -fact, such persons, firms, or corporations as may be selected from time to time, Resolved that nothing in this Power of Attorney shall be construed as a grant of authority to the attomey(s)-In fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of National American Insurance Company. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attomey or any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which it is attached." • National American Insurance Company does hereby make, constitute and appoint Anthony M. DiGeronimo its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, places and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The authority of said Attomey -in -fact to bind the company shall not exceed $3,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were, signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. t`ca„ INN, NATIONAL AMERICAN INSURANCE COMPANY I, ` 0 * js» IV Yom. -�'p t� - W. Brent LaGere, Chairman & Chief Executive Officer STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 26"' day of September, A.D. 2011, before me personally came W. Brent LaGere, to me known, who being by me duly swom, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. ,,, , OFFICIAL SEAL 1 r' JANET TAYLOR qt.4jj°.alen .�; �n �, . � NOTARY PUBLIC OKLAHOMA �. �; N OKLA COUNTY ,i MYCOMM. NO. 02006203 �.1 ®�' Notary Public MY COMM. EXP. O L(-i g- ! ', My Commission Expires April 18, 2014 Commission #02006203 STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: I, the undersigned, Assistant Secretary of the National American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 22nd day of April , 2014 . o` 60"" 4t. 44 r ~. ti• LAND Joyce M. Seitz, Assistant Secretary SECTION PB PERFORMANCE BOND (NOTE : THIS BOND IS ISSUED SIMULTANEOUSLY WITH 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: That as Principal, hereinafter called Contractor, and a corporation organized and existing under the laws of the State of ,with its principal office in the City of ,State of , as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA COMMISSION as Obligee, hereinafter called the Owner, in the penal amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the EAST AUGUSTA WATER UTILITY PROTECT - MARION HOMES SUBDIVISION in accordance with the drawings and specifications issued by the Augusta Utilities Department and the Augusta - Richmond County Commission, 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 Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or ( Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default a succession of PB -i defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this day of A. D. 20 . Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) PB -2 SECTION PB LABOR AND MATERIAL PAYMENT BOND NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB -I, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) KNOW ALL MEN BY THESE PRESENTS; That as Principal, hereinafter called Contractor, and a corporation organized and existing under the laws of the State of with its principal office in the City of , State of as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA, GEORGIA COMMISSION, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as herein below defined in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the MARION HOMES WATER MAIN IMPROVEMENT PROTECT in accordance with drawings and specifications issued by the Augusta Utilities Department and Augusta- Richmond County Commission, 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 promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly 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 not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such PB -3 claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. ( No suit or action shall be commenced hereunder by any claimant, ( a ) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may 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 one (I) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. ( The amount of this bond shall be reduced by and to the extent of any payment or payments made in good 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. PB -4 Signed and sealed this day of A. D. 20_ Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) PB-5 Revision Pace August 2007 ARTICLE 2- PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents. Copies of Documents: 2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of the Contract Documents for execution of the work. Additional sets of the project manual and drawings and /or individual pages or sheets of the project manual or drawings will be fumished by COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction. Commencement of Contract Time, Notice to Proceed: 2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effective Date of the Contract. Starting the Project: 2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. GC-4 Reutslos Date August 2001 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which OWNER may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre - construction Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER , PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled progress on work. Schedule updates shall accompany each pay request. GC -5 Intent: August 3901 ARTICLE 3- CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE Revision Date 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well -known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in paragraph 9.4. 3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.6.1. a formal Written Amendment, 3.6.2. a Change Order (pursuant to paragraph 10.3), or GC-6 Revision Dace August 7001 3.6.3. a Work Change Directive (pursuant to paragraph 10.4). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). 3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL. GC -7 Revision Dace August 2001 ARTICLE 4-AVAILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall fumish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Necessary easements or rights -of -way will be obtained and expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2,1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract Documents. 4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions. 4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or 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 -8 August 2401 performed after direction is provided by the PROFESSIONAL. Physical Conditions Underground Facilities: Revision Date. 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: GC -9 RevIeion Dace. Avg■Itt 3001 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 conceming the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. GC -10 Rev:aion Dace August 200: ARTICLE 5 -BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and fumished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and fumishing 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; GC -11 Raviaion Date tt guat 2001 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 Toss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33. OWNER's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured Toss GC -12 Revision Date Avgatt 2001 or If not covered under the "all risk" r incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONAts, architects, attorneys and RO Cond tioOns A CONTRACTOR shall purchase and insurance or otherwise provided in the Supplementary 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 App lication for Payment. 5.7. OW NER shall purchase and mainteannta u mLaw�s and Regulations which wilnery insurance or additional nclude insurance as may be required by the Cupplem �Y Conditions the interests of OWNER, CONTRACTOR, Seed as insu�ed or addiEo alnsu ed pD 1ROFESSIONAL s consultants in the Work, all of whom shall be I 5.8. All the policies of insurance (or rdance with paragraphs 5.6 and 5.7 will e contain a provision b or purchased and maintained by OWNER in acco endorsement that the coverage afforded will not given to CONTRACTOR by certified mail and will conta waiver least thirty days prior written notice ice h has been g provisions in accordance with paragraph of 5.11.2. 5.9. OWNER shall not property insurance to CONTRACTOR, Subcontractors responsible or a others in the Work to the extent of ny deductible a mour the Interests of CONT S wi amounts that are provided in the Supplementary Conditions. The risk of such loss, and deductible an amount washes be borne by CONTRACTOR, Subcontractor or others suffering any ss, and f any maintain it a the insurance coverage within the limits of such amounts, each may purchase purchaser's own expense. 5.10. If CONTRACTOR requests in writing that uch insurance, ' and the cost the thereof will be charged to insurance ONTR a policy, OWNER shall, Cha possible, CONTRACTOR by appropriate Change e CONTRACTOR whether Prior such other nsurance been the site, OWNER shall in writing adviseC procured by OWNER. Waiver of Rights: s 5.11.1. OWNER and CONTRACTOR is +es rights provided ded n�esponse to paragrap hs 5,6 and s ther for all losses and 5.7 a caused by any property the n covered by P S 7 e o athr r insurance applicable to the Work, and also waive all such rights against the u policies f n ddamages cased. A AS PROFESSIONALS by paragraph pt 6.1 1 ch subcontract between ares named as insureds in ea such for losses and damaes so so will l cu Subcontractor in OWNER, CONTRACTOR, PROFESSIONAL ACTOR and a T SR, PROFESSO have to the Subcontractor ZONAL PROFESSIONALS consultants and all other partiesnamed as insureds. None of the above waivers shall extend to the rights that any of to i nr any policy sa sued. proceeds of insurance held by OWNER as trustee or otherwise payable 5.11.2. OWNER and CONTRACTOR intend that policieprovided fr i I response and damagesha5.6 bd 5.7 shall protect all of the parties insured and provide primary coverage the perils covered thereby. Accordingly, all such policies shall contain provisions any of the earn the h named event of payment of any loss or damage the insurer will have no rights of recovery against as insureds or additional insureds, and if ultant OWNER will obta n sa waiver and forms if such waiver forms insurers require PROFESSIONAL or PROFESSIONAL s cons are required of any Subcontractor, CONTRACTOR will obtain the same. Receipt and Application of Proceeds: GC-13 Revision Date August 4401 5.12. Any insured Toss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach, If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Receipt and Application of Insurance Proceeds 5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power, If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14, If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization- Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Indemnification 5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or GC -14 Revision Dace au 7eo death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys' fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. GC -15 Augv.t 2501 ARTICLE 6 -- CONTRACTOR'S RESPONSIBILITIES Rem Ion Date 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except under extraordinary circumstances, The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. GC -16 Revs on rage Auaue[ 2001 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 fumish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fumish, 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. GC -17 PP,SiOn D•Er 4g4nt ?O11 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or fumishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses including attorneys fees and court and arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Fevieiar Date Auq st 20G; Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any Toss 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 shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. GC -19 Fevi sion Date Fuqua: 01. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger them. Record Documents: 6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted with the Application for Final Payment. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or Toss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. Emergencies: GC -20 Renalon DACe Auaui 2001 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Change Directive or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract GC -21 Prv:sinn Caie P�auat LUU; Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and approval of each such variation. 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals. 6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in writing. Cleaning Up: 6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Indemnification: 6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and 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, attomeys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, Toss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by GC -22 p.Yy6iOn Cate August 1001 any of them to perform or fumish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. GC -23 P?r si Dnre Tua.:�r 30D: ARTICLE 7-- -OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by aided OWNERs or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility OWNERs and other contractors. 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination. GC -24 ARTICLE 8---OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall fumish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4,1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7, OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. GC-25 ... - ..... -. Fo.ision Oat.. A9e[ 3001 A RTICLE 9 - -- PROFESSIONAL'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. PROFESSIONAL'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12. Authorized Variations in Work: 9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the 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. GC -26 e ?seion Cate Auoua[ X00: Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9, In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder, Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have 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 GC -27 w: Gate auaust 200) have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on PROFESSIONAL's Responsibilities: 9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees. 9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any Subcontractors, any. agents or employees, or any other persons performing any of the Work. GC-28 Augur: :441 ARTICLE 10 -- CHANGES IN THE WORK Revision DACE 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive , CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Work Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. 10.6, If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. GC -29 feviaion nave P.uquot 2CG'_ ARTICLE 11- CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and CONTRACTOR may establish unit prices as agreed on by Change Order. 11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 11.15. 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 Change Order. GC -30 Re C.'c 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not GC -31 Revision bate R +aoust ?Oi.!. consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5,4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.6. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 -all of which are to be considered administrative costs covered by CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. GC -32 Aev.slon Date Auou•t 20G1 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3, 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and 11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CON - TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man -hours required by discipline /trade with the unit cost per man -hour and total labor price, labor burden, equipment hours and rate GC -33 ae.i zion once Aug .ia[ 00] for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10. 11,9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 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. GC -34 Augvxt 200: ARTICLE 12— CHANGE OF CONTRACT TIME Rev :.si On D$4.. 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. GC -35 Pev i Ua: Aun t ;001 ARTICLE 13-- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. Access to Work: 13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. Tests and Inspections: 13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. 13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will fumish PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by PROFESSIONAL if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or GC-36 Rev soon Gace A g,,st 200; approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non- defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. One Year Correction Period: GC -37 kcieion oeec Auau•c ?DD] 13.12. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non - defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of GC -38 nfl tart e AUguxt 2441 OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC -39 FeviRion C., A4ouer 20 ^1 ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Value 14,1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10 %) retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended. 14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on -site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF - ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the 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 GC -40 Noyie ian Dace ADgu•,t ta 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. PROFESS IONAL's recommendation of final payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off -set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14,8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially 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 GC -41 P.cvi s.i on Date. S:n•..t 100` 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 reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and GC -42 l.girst 20301 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 Occupan y . Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or 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. GC-43 Rev:aion W[N Auguec :00: 14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this project. 14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents. Final Payment and Acceptance: 14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection and PROFESSIONAL's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR. 14.14. 1f, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions goveming final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of GC -44 F.nv ision Dare. nuauer aam CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. GC -45 Re Vinlon Da, Alums.[ ?COI ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Termination For Cause: 15.2. Upon the occurrence of any one or more of the following events: 15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due; 15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, GC -46 urvi s, o oae AuoUst : construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. Termination for Convenience 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date of termination in performing services and fumishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty -one days GC-47 RP, slon Dace Fvgust 107, 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. GC -48 August 200'. ARTICLE 16—DISPUTE RESOLUTION Revision Oars 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. GC -49 veis;�� oaL= Aguec ]OO' ARTICLE 17- MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation. 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all GC-50 Pp. v' {e100 Cet¢ Au IOOi provisioContract ns of the ocuments Georgia are Prom Pay s tent Actwit, O .C n 11 -1, et In e ion of he Dcsih any provision Sectio of the 13 - Prompt Pay seq. Act this th provision event any provision of the Contra Documents shall co ntrol . 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any c to same. Substitutions: 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. Sanitary Sewer Overflow Prevention: 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction: 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24 -hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken 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. GC -51 Rev: sine ruse August 200, 17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the CONTRACTOR. 17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR. PROGRAM MANAGER: 17.10 The PROGRAM MANAGER for the project is Augusta Utilities Department, Engineering Division. The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM MANAGER's own personnel. The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work GC -52 SECTION SC -0 INDEX TO SUPPLEMENTARY CONDITIONS CT SC SE -Ol ION Scope of the Work SC -02 List of Drawings SC -03 Bonds SC -04 Contractor's Liability Insurance SC -05 Project Sign SC -06 Protection of the Environment SC -07 Temporary Toilets SC -08 Plans and Specifications Furnished SC -09 Record Drawings SC -10 Shop Drawings SC -11 Existing Structures SC -12 Salvage Material SC -13 Referenced Specifications SC -14 Traffic Control SC -15 Surveys SC -16 Construction Order and Schedule SC -17 Consulting Engineers SC -18 Inspection and Testing of Work SC -19 Site Access SC -20 Tree Save SC -21 Georgia Prompt Pay Act SC -22 City Acceptance SC -23 Disputes SC -24 Specified Materials SC -25 Interest Not Earned on Retainage SC -26 Basis of Payment SC -27 Compliance with Laws, Codes, Regulations, Etc. SC -28 Equivalent Materials SC -29 After Hours Inspection SC -30 Supplement to the Agreement SC -1 SECTION SUPPLEMENTARY CO NDITIONS -01. SCOPE OF THE WORK: The project referred to in the Agreement shall consist of the following major elements or portion thereof as outlined in each contract. The construction and installation of the water mains with appurtenances by Direct Bury. The proposed 8" diameter water main shall be PVC C -900 DR 18 pipe installed by direct bury. The station ranges are for bid purposes only and are approximate based on several factors right -of -way constraints, and existing utilities. The proposed alignment has been designed to accommodate a future storm sewer improvement project. Special attention is directed to minimum installation depths and alignment during construction. Installation is proposed by HDD and direct bury in the approximate station ranges below: -02. LIST OF DRAWINGS: The following drawings, prepared by The Augusta Utilities Department comprise the plans for the project. DATE SHEET NO. TITLE ORIGINAL REVISED REVISED 1.0 Cover Sheet 1.1 Sheet Index 1.2 General Notes 1.3 — 1.4 General Details 1.5 Detailed Estimate 2.0 — 2.10 Utility Plans 3.0 — 3.4 Water Main Profiles 4.0 -4.13 ES &PC Plans -03. BONDS: The Contractor will include in the lump sum payment for Lump Sum Construction the cost of his performance and payment bonds. SC -2 -04. CONTRACTOR'S LIABILITY INSURANCE: Insurance shall be written with limits of liability shown below or as required by law, whichever is greater: Commercial General Liability (per occurrence) Each Occurrence $ 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 (any auto) Each Occurrence $ 5,000,000 Workers Compensation Statutory Limits Employer Liability $ 1,000,000 -05. PROJECT SIGN: The Contractor will provide and install one (1) project sign at prominent location on the construction site as directed by the Engineer. The sign will carry in a prominent manner the name of the project, the Owner, and the name of the Contractor and the Engineer and a 24 -hour phone number for the Contractor in 4 -inch letters. The sign shall be constructed and erected on wood posts in a substantial manner 7 -feet above the ground. The full size stencil shall be approved along with colors before fabrication. The Contractor shall include the cost of the project sign in the Total Base Bid. -06. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of the exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material from the project area onto adjacent properties or into adjacent water courses. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. -07. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workrnen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. -08. PLANS AND SPECIFICATIONS FURNISHED: The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct black line prints together with a like number of complete bound specifications for construction purposes. Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. -09. RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the SC -3 construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction and at the completion of construction. Prior to submitting his estimate for final payment, as -built drawings are to be prepared and submitted by the contractor to the engineer. As -built drawings shall include tap locations and manholes located to a minimum of two separate surface features. -10. SHOP DRAWINGS: The Contractor shall submit to the Engineer for his review shop drawings, cuts, diagrams, bar lists, steel details and other descriptive data on every item, where shown on the drawings or specified herein. The Contractor shall check all submittals and so indicate on each copy thereof. Five copies of such shop drawings shall be submitted to the Engineer before ordering of the material. Submittals which have not been checked by the Contractor will not be reviewed by the Engineer. Reviews by the Engineer of submittals will cover only general conformity with the project requirements, while responsibility for detailed conformity shall remain with the Contractor. The Contractor will be notified by mail of the results of the submittal reviews within ten (10) days of the receipt by the Engineer thereof. -11. EXISTING STRUCTURES: Where sidewalks, street signs, private signs, walls, sidewalks, fences, pipelines, etc. are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. -12. SALVAGE MATERIAL: All existing installations to be removed, including but not limited to masonry and concrete rubble, asphalt, pipe, etc. will be disposed of at an approved location by the Contractor. -13. REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. -14. TRAFFIC CONTROL: Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration, latest edition. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta Fire Department, Police Department, Emergency Medical Services, and the Augusta Traffic Engineering Department of any street closures. -15. SURVEYS: The Engineer has established base lines for locating the principal component parts of the work, together with a suitable number of bench marks adjacent to the work. From the information thus provided, the Contractor shall develop and make all detail surveys needed for construction lines and elevations. The Contractor shall SC -4 employ only Registered Land Surveyors or Registered Professional Engineer to perform all detail surveys. The Contractor will diligently preserve and maintain the position of all stakes, reference points and bench marks after they are set and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary Toss or disturbance. -16. CONSTRUCTION ORDER AND SCHEDULE: A. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified. B. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: (1) Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. (2) A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the overall contract time. (3) A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. C. With each request for payment the Contractor shall submit two copies of the bar chart clearly marked to show the work completed at the date of the payment requested. D. Progress Schedule Requirements (1) Bar Chart Schedule: Prepare on maximum 11 inch by 17 inch sheet size for each separate stage of Work as specified and shown, to include at least: (a) Identification and listing in chronological order of those activities reasonably required to complete work, including, but not limited to, subcontract work, major equipment design, factory testing and startup activities, project close out and cleanup and specified work sequences, constraints, and milestones, including Substantial Completion date(s). Listings to be identified by Specification section number. (b) Identify: (i) horizontal time frame by year, month, and week, (ii) duration, early - start, and completion of each activity and sub - activity and (iii) critical activities and Project float. (c) Provide sub - schedules to further define critical portions of the work. (d) Monthly schedule submissions: show overall percent complete, projected and actual, and completion progress by listed activity and sub - activity. (e) Identify the critical path on the schedule. (2) General: (a) Schedule(s) shall reflect work logic sequences, restraints, delivery windows, review times, contract times and milestones set forth in the Agreement, and shall begin with the date of Notice to Proceed and conclude with the date of Final Completion. SC -5 (b) The sch requirement herein is the minimum required. Contractor may prep a more so edule phisticated schedule if such work will aid Contractor in execution and timely completion of work. (c) Base schedule on standard 5 -day work week. (d) When bar chart or network analysis schedules are specified, use Primavera Project Planner, latest version, SureTrak latest version or a compatible and appro software. (e) Adjust or confirm schedules on a monthly basis as follows: Contractor shall submit to Engineer for acceptance proposed adjustments in the progress schedule that will not change the contract times (or milestones). S uch adjustments will conform generally to the progress schedule then if effect and additionally will comply with any provisions of the General Requirements applicable thereto. Proposed adjustments in the progress scheduled that will change the contract times (or milestones) may only be a Change Order. Use of float suppression techniques such as preferential sequencing or logic, special lead/lag logic restraints, and extended activity times are prohibited, and use of float time disclosed or implied by use of alternate float - suppression techniques shall be shared to proportionate benefits to Owner and Contractor. Pursuant to above float- sharing requirement, no time extensions will be granted nor delay damages paid until a delay occurs which (i) impacts project's critical path, (ii) extends work beyond contract completion date. -17. CONSULTING ENGINEERS: The Owner has engaged consulting engineers to assist the Director of Utilities, defined herein as the Engineer, by preparing plans and specifications for the work and by providing certain services during the bidding and construction phases of the project. The consulting engineer, Johnson, Laschober & Associates, P.C. is authorized to represent the Director of Utilities within the limits of the various duties delegated and assigned to the firm by the Director. Nevertheless the Director of Utilities remains the final authority hereunder and is the "Engineer" as used throughout the Contract Documents. The presence or duties of Consulting Engineer's personnel at the construction site, whether as onsite representatives or otherwise, do not make 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. The Consulting Engineer'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 Consulting Engineer's own personnel. The presence of the Consulting Engineer's personnel at the construction site is for the purpose of providing to Owner a greater degree of confidence that the completed construction work will conform generally to the SC -6 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). Consulting Engineer neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this Agreement only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers or materials incorporated into the construction work. -18. INSPECTION AND TESTING OF WORK: The Owner shall provide sufficient competent engineering personnel for the technical observation and testing of the work. The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspections. Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or the culling over or removal of defective materials or for any other purpose requiring discharge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor, nor for the safety of the job. If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply. If any work should be covered up without review or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re- examination of any work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of re- examination and replacement. If such work is not in accordance with the Contract Documents, the Contractor shall pay such cost. The Owner will employ a qualified materials testing laboratory, hereinafter referred to as the Laboratory, to monitor more fully on the Owner's behalf the quality of materials and work, and to perform such tests as may be required under the Contract Documents as conditions for acceptance of materials and work. The Laboratory will be solely responsible to and paid separately by the Owner. The timing of the work of the Laboratory will be coordinated by the Engineer through his duly authorized inspector. The Owner will bear the cost of testing a particular material or area of the work once. Where retesting is required following corrective measures or under other circumstances, the Contractor shall reimburse the Owner for the cost of additional testing. SC -7 -19. SITE ACCESS: In order to minimize damage to existing paving and landscaping, access to the site for the contractor's personnel and equipment will be restricted to the routes designated by the Owner. The contractor will be required to use on those routes unless written approval is given by the owner. -20. TREE SAVE: Prior to beginning grading operations, the Contractor is to notify the Owner and the Engineer so that those trees which are to be saved can be marked in the field. Once these trees are marked, the Contractor shall take every precaution, including tree protection fence, to save these trees. -21. GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13 -11 -1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. -22. CITY ACCEPTANCE: Notwithstanding any other obligations of the Contractor, he shall complete the work to the full satisfaction of the Augusta Utilities Department and the Engineer. This provision shall not relieve the Contractor of his responsibilities for guarantees. -23. DISPUTES: All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. -24. SPECIFIED MATERIALS: Attention is drawn to the specification of certain brands or manufacturers of construction materials on the drawings. Unless the phrase "or equal" appears in the specification thereon, no substitution or deviation from the product specified will be allowed. Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. -25. INTEREST NOT EARNED ON RETAINAGE: Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due to the Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. -26. BASIS OF PAYMENT: As explained in the section "Instructions to Bidders" and in the "General Conditions ", payment will be made based on the per cent complete per the contractor's breakdown. SC -8 -27. COMPLIANCE WITH LAWS, CODES, REGULATIONS, ETC.: Supplementing the provision of the GENERAL CONDITIONS, the successful bidder awarded this contract by signing the contract acknowledges the following, however, this is not to be construed as all inclusive or being these only: 1. Underground Gas Pipe Law: The Contractor signing the contract acknowledges that he is fully aware of the contents and requirements of "Georgia Laws 1969, Pages 50 and the following, and any amendments and regulations pursuant thereto ", and the Contractor shall comply therewith. 2. High Voltage Act: The Contractor by signing the contract acknowledges that he is fully aware of the contents and requirements of "Act No. 525, Georgia law 1960, and any amendments thereto, and Rules and Regulations of the commissioner of Labor pursuant thereto" (the preceding requirements within quotation marks being hereinafter referred to as the "high voltage act "), and the Contractor shall comply therewith. The signing of Contract shall also confirm on behalf of the Contractor that he: A. has visited the premises and has taken into consideration the location of all electrical power lines on and adjacent to all areas onto which the contract documents require to permit the Contract either to work, to store materials, or to stage operations, and B. that the Contractor has obtained from the Owner of the aforesaid electric power lines advice in writing as to the amount of voltage carried by the aforesaid lines. The Contractor agrees that he is the "person or persons responsible for the work to be done" as referred to in the high voltage act and that accordingly the Contractor is solely "responsible for the completion of the safety measures which are required by Section 3 of the high voltage act before proceeding with any work." The Contractor agrees that prior to the completion of precautionary measures required by the high voltage act he will neither bring nor permit the bringing of any equipment onto the site (or onto any area or areas onto which the contract documents require or permit the Contractor to work, to store materials, or to stage operations) with which it is possible to come within eight feet of any high voltage line or lines pursuant to operations arising out of performance of the Contract. The foregoing provisions apply to power lines located (a) on the site and (b) on any area or areas onto which the contract documents require or permit the Contractor either to work, to store materials, or to stage operations, or (c) within working distance for equipment or materials, being used on (a) and (b) above. These provisions of the Contract do not limit or reduce the duty of the Contractor otherwise owed to the Owner, to other parties, or to both. The Contractor agrees that the foregoing provisions supplement provisions of the General Conditions. The Contractor agrees and acknowledges that any failure on his part to adhere to the high voltage act shall not only be a violation of law but shall also be a breach of contract and specific violation of the provisions of the General Conditions which pertains to safety precautions. 3. Occupational Safety & Health Act: SC -9 The Contractor by signing the contract acknowledges that he is fully aware of the provisions of the Williams- Steiger Occupational Safety and Health Act of 1970 and he shall comply therewith. -28. EQUIVALENT MATERIALS: Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. -29. AFTER HOURS INSPECTION: If the Contractor opts to work before or after normal working hours, 8 a.m. to 5 p.m., Monday through Friday, or on Augusta, Georgia Legal Holidays, then the Contractor must pay for the cost of inspection by the City of Augusta, Georgia and follow all necessary procedures listed in "Section 15, Right -of -way Encroachment Guidelines, Part E, Outside of Normal Working Hours," of the Augusta - Richmond County Planning Commission Development Documents dated September, 1999, or latest version. If inspectors of Augusta - Richmond County are needed to work outside normal business hours, Augusta - Richmond County needs to be notified in advance. -30. SUPPLEMENT TO THE AGREEMENT a) Defective pricing To the extent that the pricing provided by CONTRACTOR is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. b) Specified excuses for delay or non - performance CONTRACTOR is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. c) Termination of the contract for default Failure of the CONTRACTOR, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta, Georgia may terminate this contract is part or in whole upon written notice to the CONTRACTOR pursuant to this term. d) Prohibition against contingent fees There shall be no contingent fees allowed under this contract. e) An acknowledgement by all parties contracting with Augusta, Georgia as follows: "Contractor acknowledges that this contract and any changes to it by amendment. modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from SC -10 recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non - payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. f) Use of Augusta. Georgia Landfill. All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. g) Federal Work Authorization Program All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E -Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13 -10 -91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor's E -Verify number as evidence of verification of compliance with O.C.G.A. § 13 -10 -91 on the subcontractor affidavit provided in Rule 300 -10- 01 -.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. h) Owner Inspections All contracts shall provide that Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. SC -11 retBA n : ui AUGUSTA, accordance S rhGaoe m e wi incAI co C GA. or e rr t 1 Georgia Business: :Orssi Program hm OB h Opportunity eeloagonttnou- 0P)al lruka(poe:rGgs)osr:UuvpatfcimaaSodhi, rTedcrGeorgia aA, reco lconl oGcab contracts cnss C . fhtmaorvtaual 0 tici d abav C abwuatissihemuiwentaar e lesnAlwstatrbu.huaaul tceouisticioeffectiveness isnaz tfelaasfsett small cGmope gt oniea regisreenosgbpalevi business a reports. shit.siTsn:e co. heofesanc si crtteorscgaq and aaa nd o shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submiued at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor andlor collecting Iiquidated damages. SC- 1 2 SECTION 02055 SOILS - STRUCTURAL PART 1 GENERAL 1.1 SUMMARY A. Section includes structural subsoil backfill materials. 1.2 UNIT PRICES - MEASUREMENT AND PAYMENT A. Soils - Structural (AUD Pay Item W -5): 1. Basis of Measurement: Per cubic yards. 2. Basis of Payment: Select backfill shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in- place" volume. The maximum trench width used to calculate the volume will be 5 feet. No additional payment shall be made for these items. 1.3 REFERENCES A. American Society for Testing and Materials: 1. ASTM D698 - Test Methods for Moisture - Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.5Ib Rammer and 12 inch Drop. 2. ASTM D2487 - Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System). 3. ASTM D2922 — Standard Test Methods for Density of Soil and Soil - Aggregate in Place by Nuclear Methods (Shallow Depth). 4. ASTM D3017 — Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). B. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. Soils- Structural 2O55-1 1.4 SUBMITTALS A. Materials Source: Submit name of imtd mateals soce. Contc to provide material classification for all imported materials. Classify per Georg Department of Transportation Standards and Specifi Section 810. Additional classifi tests may be required e to confirm ri characteristics of imported material. No additional payment 1.5 QUALITY ASSURANCE A. Perform Work in accordan with Georgia por Department of ur Transportation andi a Augusta Utilities Department Standards. PART 2 PRODUCTS 2.1 SUBSOIL MATERIALS A. Type S1: 1. Structural 2. Graded. 3. Free of lumps larger than 2 inches, rocks larger than 1 inch, and debri 4. Conforming to Georgia Department of Transportation Standards and Specifications Section 810, Class IA1, A2. 2.2 SOURCE QUALITY CONTROL A. Testing and Analysis of Subsoil Material: Perform in accordance with ASTM D698. ASTM D2922. ASTM D3017. B. If tests indicate materials do not meet specified requirements, change material and retest. C. Provide materials of each type from same source throughout the Work. PART 3 EXECUTION 3.1 STOCKPILING A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile apart to prevent mixing. D. Prevent intermixing of soil types or contamination. Soils- Structural 02055 - 2 E eI r L e E ct c s L u E rf A ac N e u w p ate l r away from stockpile site to prevent erosion or deterioration 3.2 STOCK Direct materials. i area in clean and neat condition. Grade site surface to free standing surface water. Grass as necessary. END OF SECTION Soils-Structural 02055 - 3 SECTION 02060 AGGREGATE PART 1 GENERAL 1.1 SUMMARY A. Section includes aggregate materials for pipe bedding. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Foundation Backfill, GA DOT Type II, for Additional Unclassified Excavation (Aggregate Type Al), AUD Pay Item M -3. 1. Basis of Measurement: Per cubic yard, measured in- place. 2. Basis of Payment: Aggregate shall be measured in cubic yards and shall include costs for the backfill and installation as well as all transportation and stockpiling charges. The volume of material included shall be the actual measured "in- place" volume for the 4 inch thickness underneath the pipe. The maximum trench width used to calculate the volume will be 5 feet. No additional payment shall be made for these items. 1.3 REFERENCES A. AASHTO M147 (American Association of State Highway and Transportation Officials) - Materials for Aggregate and Soil- Aggregate. B. ASTM C136 - Method for Sieve Analysis of Fine and Coarse Aggregates. C. ASTM D698 - Test Method for Moisture - Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.5Ib Rammer and 12 inch Drop. D. ASTM D2167 - Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. E. ASTM D2487 - Classification of Soils for Engineering Purposes. F. ASTM D2922 - Test Method for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). G. ASTM D3017 — Test Method for Moisture Content of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth). H. ASTM D4318 — Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. Aggregate 02060 - 1 I. PRODAugusta Utilities Department Standards and Specifications, August 2006, 2 PART inc UCTludiS ng July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. 2.1 COARSE AGGREGATE MATERIALS A. Coarse Aggregate Type Al: GA DOT Type II Foundation Backfill material conforming to Georgia Department of Transportation Standard Specifications, Section 812.2.02. 2.2 SOURCE QUALITY CONTROL A. Aggregate Material - Submit name of imported materials source. Contractor to provide material classification for all imported materials. Classify per Georgia Department of Transportation Standards and Specifications Section 812.2.02. Additional classification tests may be required to confirm characteristics of imported material. No additional payment. B. If tests indicate materials do not meet specified requirements, change material or material source and retest. C. Provide materials of each type from same source throughout the Work. PART 3 EXECUTION 3.1 STOCKPILING A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile apart to prevent mixing. D. Direct surface water away from stockpile site so as to prevent erosion or deterioration of materials. 3.2 STOCKPILE CLEANUP A. Remove stockpile, leave area in clean and neat condition. Grade site surface to prevent free standing surface water. Grass as necessary. END OF SECTION Aggregate 02060 - 2 1 GENERAL 1.1 SUMMARY l A. Section includes demolition of designated structures; demolition of pavement sections; disconnecting and capping of identified utilities. 1.2 UNIT PRICES - MEASUREMENT AND PAYMENT i A. Se ectve Demolition, AUD Item LS 1. Basis of Measurement: Lump Sum 2. Bas Reco of Paym SELECTIVE ent: SECTION Shall include DEMO- 02221 1: costs ITION associated with the demolition of utilitie pavement sections, brick wail sections and mail boxes and disconnectin and capping of identified utilities. 1.3 CLOSEOUT SUBMITTALS A. Projec Documents: Accurately record actual locations of capped . 1.4 REFERENCES 1. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. 2 PRODUCTS [Not Used.] 3 EXECUTION 3.1 PREPARATION A. Provide, erect, and maintain temporary barriers and security devices including warning signs and lights, and similar measures, for protection of the public, Owner, Contractor's employees and existing improvements to remain. B. Mark location of utilities. 3.2 DEMOLITION REQUIREMENTS A. Conduct demolition to minimize interference with adjacent properties. B. Cease operations immediately if adjacent structures appear to be in danger. Notify Engineer. Do not resume operations until directed. Selective Demolition 02221 - 1 C. Coo mmrfe to e . Maintain protected egress and ini ac inte from er adj acent public areas or at all times. accesses D. Sprinkle nduct Work with ns water with to minimize um dust. Provide hoses and privat water connections for this pur operati 3.3 DEMOLITION A. Disconnect, cap and identify designated utilities within project area. B. Assure line, grade and cross - section are maintained. C. Continuously clean -up and remove demolished materials from site. Do not allow materials to accumulate on the site. D. Do not burn or bury materials on site. Leave site in clean condition. E. Do not disturb utilities that are to remain active, in- place. END OF SECTION Selective Demolition 02221 - 2 SECTION 02230 CLEARING & GRUBBING PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Removing surface debris. 2. Removing trees, shrubs, and other plant life. 1.2 UNIT PRICE - MEASUREMENT AND PAYMENT A. Clearing and Grubbing, AUD Item LS -1: 1. Basis of Measurement: Lump Sum 2. Basis of Payment: Shall include costs for vegetation removal, stockpiling, disposal and any required permitting. 1.3 REFERENCES A. Augusta Utilities Department Standards and Specifications, August 2006, including July 2008 revisions for ductile iron pipe, fire hydrants, and disinfection. PART 2 Not Used. PART 3 EXECUTION 3.1 PROTECTION A. Locate, identify, and protect utilities that remain, from damage. B. Protect trees, plant growth, and features designated to remain. C. Protect bench marks, survey control points and existing structures from damage or displacement. D. Install Erosion Control Best Management Practices concurrent with clearing activities. E. Stabilize cleared area per ES & PC plans. 3.2 TREE REMOVAL A. Remove only trees that are necessary for completion of construction activities. Contractor is to schedule a site meeting with Augusta Utilities Department representatives to review tree removal limits prior to the start of clearing activities. Clearing & Grubbing 02230 - 1 ACC) DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 4/17/203.4 C ERTIFICATES NOT A ISSUED RMATIVELY NEGATIVELY AMEND, EXTEND OR RIGHTS UPON THE COVERAGE A FO CERTIFICATE HOLDER. THIS CERTIFICATE DOES BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. to IMPORTANT: terms and conditions of the pol cy, ce to n may require an endorsement. A statement on this certificate does not WAIVED, subject onferrigh stothe the e terms certificate holder in lieu of such endorsement(s). CONTACT Adrienne Payne PRODUCER NAME: 1 PHONE (706) 543 -2575 { (FAA/C,No1: <7Q5)593 -9897 Chastain & Agsociates Ins (Attd � o.Extl: P.O. Box 1908 E AnnRFSS INSURER(S) AFFORDING COVERAGE NAIC s Athens GA 30603 INSURER A : Cincinnati Insurance Company 31895 INSURED INSURER8 American Interstate Eagle Utility Contracting, Inc. INSURERC: 3.350 Branch Road INSURERD: INSURER E : Bishop GA 30621 INSURER F : COVERAGES CERTIFICATE NUMBER:CL1312214847 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS �' :. rc Pi I '' FF • .LI • ILTR TYPE OF INSURANCE � .0.. POLICY NUMBER MM �. M MIOO 1,000,000 EACH OCCURRENCE $ GENERAL LIABILITY e as _ e - • _ $ 50,000 © COMMERCIAL GENERAL LIABILITY 12/1/2013 2j1/2014 50, 000 A CLAIMS -MADE I T i OCCUR EPP0114216 MED EXP (Any one person) $ ■ PERSONAL 8 ADV IN JRY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 III PRODUCTS- COMP /OPAGG $ 2,000,000, GENT- AGGREGATE LAvI17 APPLIES PER $ Q POLICY R R0- III LOC • yla� "l'e'i 1 000 000 AUTOMOBILE LIABILITY BODILY IN (Per person) $ A © ANY AUTO 12/1/2013 /2013 r 2/1 /2014 BODILY INJURY (Per accident) $ — ■ AUT SCHEDULED EBA0114216 BODILY �-��y � n, III HIRED AUTOS AUTOS $ 5,000 Modica! payments 11 EACH OCCURRENCE $ 5,000,000 UMBRELLA LIM; X occuR 5 5,000,000 000 , 000 A 111 EXCESS LIMB CLAIMS MADE AGGREGATE $ X 10,000 EPP0114216 12/1/2013 . 2/1/2014 $ DED RETENTION $ X VC STAMU- OTH- er B AND EMPLOYERS' YERS'L AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 500,00C ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N 1 2/1/2013 • 2/1/2014 (Mandatory FI MBE EXCLUDED? Ayy 15 7 7 22 0 12 E.L. DISEASE - EAEMPLOYEz $ 500,00( If ye5, describe under E.L. DISEASE - POLICY LIMIT $ 500,00( DESCRIPTION OF OPERATIONS below — DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule if more space Is required) Project: Marion Homes Water Main Installation, Bid Item 1 -134 CERTIFICATE HOLDER CANCELLATION SHOULD EXPIRATION DATE ABOVE THEREOF, DESCRIBED NOTICE POLICIES L WILL BE CANCELLED THE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Augusta - Richmond County Commission 530 Greene Street - Room 605 ALiTHORIZEDREPRESENrAnvE Augusta„ GA 30901 y�� Palmer Bush /ADRIEN 1' �" v✓■ ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserve) INS025 (201005) The ACORD name and logo are registered marks of ACORD