HomeMy WebLinkAboutCONTRACT WITH LARRY PITTMAN & ASSOCIATES, INC. FOR CONSTRUCTION OF FORT GORDON UTILITIES ADMINISTRATION BUILDING EXPANSION IN THE AMOUNT OF $554,000.00 1
1
G ..'' O R GIA
1
Bid Specifications
Bid Item#17-170
tFort Gordon/Augusta Utilities Administration Building u�lding Expansian Project
' For
Augusta, Georgia =Augusta Utilities Department
Bid Due: Tuesday, April 25, 2017 @ 3:00 p.m.
1
i
Thanks for doing business with us. ..
I
Geri A.Sams,Procurement Director
535 Teifair Street,Room 605
Augusta, Georgia 30901
IRev.1/12/2015
Bid 17-170 Fort Gordon/Augusta Utilities Administration Building Expansion Project
Bid Due:Tuesday,April 25,2017 @ 3:00 p.m.
Page 1 of 15
I .
i
1
- s 0.
G E 0 R G I A
1
Bid specifications
Bid Item #17-170
Fort Gordon/Augusta Utilities Administration Building Expansion Project
1 For
Augusta, Georgia -Augusta Utilities Department
Bid Due: Tuesday, April25, 2017 @ 3:00 p.m.
1
1
Thanks for doing business with us. . .
1 Geri A.Sams, Procurement Director
535 TelfairStreet, Room 605
Augusta, Georgia 30901
Rev.1/12/2015
1 Bid 17-170 Fort Gordon/Augusta Utilities Administration e Building Expansion Project
Bid Due:Tuesday,April 25,2017 @ 3:00 p.m.
Page 1 of 15
1
1 Invitation to Bid
Sealed bids will be received at this office until Tuesday,April 25,2017 @ 3:00 p.m.for furnishing:
Bid item#17-170 Fort Gordon/Augusta Utilities Administration Building Expansion Project for Augusta,GA-
1 Utilities Department
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street— Room
605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by alt prime contractors
1 subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable
are 5125.
It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy
1 the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706
821-0405) beginning Thursday, February 2, 2017. Bidders are cautioned that submitting a package without Procurement
of a complete set are likely to overlook issues of construction phasing, delivery of goods or services,or coordination with
1 other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of
documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
1 A Mandatory Pre Bid Conference will be held on Friday, March 31, 2017 @ 10:00 a.m.In the Procurement Department,
535 Telfair Street,Room 605.
All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to
the office of the Procurement Department by Monday,April 10, 2017 @ 5:00 P.M. No bid will be accepted by fax,all
' must be received by mail or hand delivered.
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. A 10%Bid Bond Is required to be submitted along with the bidders'qualifications;a
' 100%performance bond and a 100%payment bond will be required for award.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include
specifications prepared in accordance with Article 4(Product Specifications),and all contractual terms and conditions,applicable
' to the procurement. All specific requirements contained in the invitation to bid including,but not limited to,the number of
copies needed, the timing of the submission, the required financial data, and any other requirements designated by the
Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the
Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement
' Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission.
Please mark BID number on the outside of the envelope.
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 placed the bidder at the risk of receiving
incomplete or inaccurate Information upon which to base his qualifications.
Correspondence must be submitted via mail,fax or email as follows:
' Augusta Procurement Department
Attn: Geri A.Sams,Director of Procurement
1 535 Telfair Street,Room 605
Augusta,GA 30901
Fax: 706-821-2811 or Email:procbidandcontract@augustaga.gov
No bid will be accepted by fax,all must be received by mail or hand delivered.
' GERI A.SAMS,Procurement Director
Publish:
' Augusta Chronicle March 9, 16,23,30,2017
Metro Courier March 15, 2017
' Cc: William Rhinehart Deputy Administrator
Tom Wiedmeier Utilities Department
Stanley Aye Utilities Department
Revised: 2/19/2016
Bid 17-170 Fort Gordon/Augusta Utilities Administration Building
S Expansbn Project
Bid Due:Tuesday,April 25,2017 @ 3:00 p.m.
' Page 2 of 15
- .
I
INSTRUCTIONS TO SUBMIT
I1.1 Purpose:The purpose of this document Is to provide
general and specific information for use by vendors 1.7 Minority/Women Business Enterprise (MWBE)
in submitting a bid to supply Augusta, Georgia with Policy:Court Order Enjoining Roce-Based Portion of
I
equipment,supplies,and or services as listed above. DBE Program Augusta, Georgia does i hove o
All bids are governed by the Augusta,Georgia Code. race or gender conscious Disadvantaged Business
Enterprises (DBE) program for projects having
Augusta, Georgia as the source of funding.
1.2 Viewing the Augusta Code: All bids are governed Augusto does enforce mandatory DBE requirements
I and awarded In accordance with the applicable
federal and state regulations and the Augusta, of federal and state agencies on contracts funded
by such agencies and has a DBE Program to comply
Georgia Code. To view the Code visit Augusta's with U.S. Deportment of Transportation (DOT),
I website at www,augustaga.got+ or Federal Transit Administration (FTA), Federal
httb://www.atiKUStaita.Kow/index.asplaNID=685 Aviation Administration (FAA) and other federal
Guidelines a F+racedures and state mandated DBE requirements for certain
DOT,FTA,FAA,and other federal and state assisted
I 1.3 Compliance with laws: The Proponent shall obtain contracts as required by 49 C.F.R. Part 26, et. seq.
and maintain all licenses,permits,liability Insurance,
and/or 49 C.F.R.Part 23,et.seq. This DBE program
workman's compensation Insurance and comply is only for DOT,FTA and FAA assisted contracts and
with any and all other standards or regulations other federal or state funded contracts having
I required by federal, state or Augusta, Georgia mandatory DDE requirements. (See Article 13 of the
statute, ordinances and rules during the Augusta,GA.Code.)
performance of any contract between the
Proponent and Augusta, Georgia. Any such Augusta, Georgia prohibits any language in any
I requirement specifically set forth in any contract
document between the Proponent and Augusta, solicitation,bid or contract that is Inconsistent with
the July 21,2011 Court Order in the case,Thompson
Georgia shall be supplementary to this section and Wrecking, inc. v. Augusta Georgia, civil action No.
not in substitution thereof. 1:07-CV-019. Any such language appearing in any
I _", Augusta,Georgia solicitation,bid or contract is void
1.4 Bid's For All Or Part:Unless otherwise specified by and unenforceable.
Augusta,Georgia or by the proponent,AUGUSTA,
GEORGIA RESERVES THE RIGHT TO MAKE AWARD A copy of this Order can be reviewed at
I ON ALL ITEMS,OR ON ANY OF THE ITEMS www.vuaustaaa.Qtt+home page.
ACCORDING TO THE BEST INTEREST OF AUGUSTA,
GEORGIA. Proponent may restrict his bid to 1.8 Augusta,Georgia License Requirement: For further
consideration in the aggregate by so stating,but information contact the License and Inspection
' must name a unit price on each Item submitted Department @ 706 312-5050.
upon.
General Contractors License Number: If applicable,
1.5 All protest shall be made In writing to: in accordance with O.C.G.A, §43-41,or be subjected
I Attn: Geri A.Sams to penalties as may be required by law.
Director of Procurement
535 Telfair Street,Room 605 Utility Contractor License Number: If applicable, in
I
Augusta,GA 30901 accordance with O.C.G.A.§43-14,or be subjected to
Fax: 706-821-2811 or Email: penalties as may be required by law.
procbidain ontracteauRustaRa.Rov
1.9 Terms of Contract:(Check where applicable)
I
1.6 Local Vendor Preference: The Local Vendor [ ](A)Annual Contract
Preference policy shall only be applied to projects of
IX)(B)One time Purchase.
one hundred thousand dollars ($100,000) or less [ ](C)Other
and only when the lowest local qualified bidder is
I
within 10% or $10,000, whichever is less of the
lowest non-local bidders.
IRevised 2/11/2016
' Bid 17-170 Fort Gordon/Augusta Utilities Administration Building
Expansion Project
Bid Due:Tuesday,April 25,2017 @ 3:00 p.m.
I
Page 3 of 15
r
/'--- f
a O R G i A
I NOTICE TO ALL VENDORS
(PLEASE REAL)CAWf:FIJI., N)
IADHERE TO THE BELOW INSTRUCTIONS AND DO NOT SUBSTITUTE FORMS
PLEASE READ CAREFULLY:
Attachment B is a consolidated document consisting of:
I 1. Business License Number Requirement(must be provided)
2. Acknowledgement of Addenda(must be acknowledged, if any)
3. Statement of Non-Discrimination
I4. Non-Collusion Affidavit of Prime Proponent/Offeror
5. Conflict of interest
6. Contractor Affidavit and Agreement(E-Verify User ID Number must be provided)
I ,Attachment g Nat ja Notarized Int itig 2 patios Med kt returned mdth your submittal-112 Exceptions,.
= iA J,.. _At,#ka, A..' :,1..111„L: Proponent must be licensed in the Governmental entity for where they do the
majority of their business. Your comaanv's business loense number trust be provided on Page 1 of
Attachment B, if your Governmental entity(State or Local)does not require a business license, your company
I will be required to obtain a Richmond County business license if awarded a contract. For further information
contact the License and Inspection Department(706 312-5050.
Acftriowledge nt ofAddenda: You Must acknowledge all Addenda. See Page 1 of Attachment B.
IE-Verift*goer Iden `1 Number(Company LD.) 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)mBe Returned
IYour Submittal)
Return Only If Applicable:
I 1. The Exception Sheet(if applicable)
2. Local Vendor Registration (if applicable)
I The successful proponent will submit the following forms to the Procurement Department no later than
five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms
are to be received
1. Georgia Security and Immigration Subcontractor Affidavit
2. Non-Collusion Affidavit of Sub-Contractor
I WARNING: Please review"Notice to Proponent" regarding Augusta Georgia's Local Small Business Opportunity Program
Proponent Requirements.
Vendors are cautioned that acquisition of bid documents through any source other than the office of the
I Procurement Department Is not advisable. Acquisition of bid documents from unauthorized sources places the
proposer at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Bids are publicly opened. It Is your responsibility to ensure that your company has met the Specifications and
Licenses'requirements prior to submitting a bid.
I
Rev.8/6/2015
IBid 11470 Fort Gordon/Augusta Utilities Administration Building Expansion Project
Bid Due:Tuesday,April 25,2017 @ 3:00 p.m.
Page 4 of 15
I
p.
EcD
G R' O R G i A
' --
Attachment B
You Must Comafete and Return the. Peres qf Attachreipt B with Your Submittal. Document Must ih Notarized.
Augusta, Georgia Augusta Procurement Department
ATTN:Procurement Director
I 535 TeifaU Street,Suite 605
Augusta,Georgia 30901
NameofProponent Larry Pittman & Associates, Inc.
I Street Address: 1249 Gordon Park Road
City,State,Zip Code:. Augusta, GA 30901
Phone: 706-724-7602 Fax 706-724-7641 Email: timmy,pittman@lpa-ga.cpm
I Do You Have A Business License? Yes: k . ..No:
Augusta,GA Business License#for your Company(t t.Provide): LCC2 0 0 3 0029 2 41
Md/or Your State/Local Business License#for your Company(Must Provridp): LCC2 0 0 30 0 29241
' Utility Contractors License#(Mgel P elf a is a?: MUST BE LISTED ON FRONT OF ENVELOPE
General Contractor License# : RLQ A O 0 21 5 7
Additional Specialty License#(tope Pr de._f y1kebte):
I ( r Company be licensed let the Governmental entity for where they do the majority of their business, If your Governmental entity
( t t eond Local)dty eesshnot a license awarded li a se, leaassee furtherr information
state
boe(Procurement wit verify),your company will be required to obtain a
the License and Inspection Department+j)a 708 312-5050. rogarcen9 Augusta.GA license requirements,please contact
List the moo,genteel Georgia, Augusta, Richmond
Acknowledgement of Addenda:(#1) X;(#2),___:(#3) :(#4) (#5) : (#6) :(#7) :(#8)
.NOTE:.CtiECJ<APPROPRiAT,g BQXfEyS)-ADD ADD TIOSAL NUMBERS AS APPLiCABtE
Statement of nice-Disci rnlnetien
I
The undersigned understands that it is the policy of Augusta,Georgia to promote fug and equal businesspersonsdoing
business with Augusta, The u opportunHli for all
Georgie d t�tteni�r#s that we have not discriminated,on the basis of race,religion,gender,national
origin or ethnicity,with regard to prime oontracting,snit acting or dertnertng opportunities.
The undersigned covenants end Agrees to make good faith efforts to ensure maximum practicable participation of local small
businesses on the proposal or conitra ct awarded by Augusta.Georgia. The undersigned further covenants that we have completed truthfully
I and fully the required forms r garding good filth efforts and local shell business subcontractor/supplier utilization.
The undersigned in conformitywgit furtherl venents and rees not to In discriminatory conduct of any type against local small businesses,
Armusta, Georgia's Local Small Business Opportunity Program Set forth below is the signature of an officer of the
Proposer entity with the Sudharity to bind the entity
' The undersigned adtno*tadge and Warrant that this Company has been made aware of understands and agrees to take affirmative
action to provide such companies with the matdmum practicable opportunities to do business with this Company;
T'hatthis promise Of rion:distximination as made and set forth herein shall be continuing in nature and shall remain in full force and
effect without interne**
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 wry hereafter obtain and;
That the failure of this Company to.satfrifectorty diticharge•any of the promises of nondiscrimination as made end set forth herein
shall constitute a material breach of contract entitling Augusta, Georgia to declare the contract In default and to exercise any end 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.
' iton&nituston sitP_rnne Proponent
By submission of a proposal,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 competifuon,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 theroposal have not been knowingly disclosed by the vendor prior to
opening,directly or indirectly,to any other vendor or to any competitor,
p
(c)No attempt has been made,or wit 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 restrkUng competition. Collusions and fraud in proposal preparation shall be reported to the State of Georgia Attorney
General and the United States Justice Department.
' Bid 17-170 Fort Gordon/Augusta Utilities Administration Building Expansion Project
Bid Due;Tuesday,April 25,2017 0 3:00 p.m.
Page 5 of 15
P'
I
�` .• r. ,• - .,
Conflict of interest
I By submission of a proposal,the responding firm certifies,under penalty of perjury,that to the best of f s knowledge and beef-
1 No clreamt:tencea exist which cause a Conflict of interest in performing the services required by this RFP,end
2.The no employee of the County..ear Any member thereof,not any public agency or official effected by this RFP,has any pecuniary
interest In the business of the responding firth or his sup-consulter`()has any Interest that would conflict In any manner or degree with the
related tct this RF'..
By alterdision of a proposal,the Vendor certifies under'penaiiy of perjury,that to the best of Its knowledge and belief:
(a)The pry In the proposal have been arrived et independently without coftusion, cons tion,communications, or agreement,for the
purpose W reetricilng competigtm,.as to any matter ruing to such prices with any other vendor or with any competitor.
(b)Unless otherwise required by law the prices Mich have bean quoted in the proposal have not knowingly been disclosed by the vendor
trld"to. ,ditictfy or trrdhecHY,loony other vendor or competitor.
I
c)No attempt has been made..or will be made, by the vendor lb induce any other
submit aPte. partnership or cooperation to submit or not to
proposal for the purpose of restr sting For any breech or violation of this provision,the County shall have the right to
terminate any related contrast or agreement without liability end at Its discretion to deduct from the price, or otherwise recover: the full
subsalt of such fee,commission,percentage,.gift,payment aconsideration,
' By executing this affidavit, the undersigned contractor verifies is compliance with 0.C.G.A. § 13-10-91, stating affirmatively Nit the
ihrtnktied,Nin,or COMorsdon which I contracting with Aupsata.Georgia Boer of COMMisaloclene hes realstered with and iir PertiolPating in
a federal Work authdrization program' (any of the electronic verificotiOn of work authorization programs operated by the U'>ted State
I
t of H nd Security ivale
or any egtunt f`'ederal euttorlm#ion program operated by the Untied States of
Nome td_:Stteibi
edurty to verily Wont**of newly hired employees pursuant to the Immigration Reform end Control Acte 1986.(iRCA),P.L.
g9-604 In a IS*the aifcebilily *al deadlines*Rehashed In 0.C:G.A§13-10-91 The
that,thoufd`ft sn oy or contract With Undersigned thisto
rfees
arty aullCoritradbr{s)1n cxxietelon with the physical pmfarrriance of services pursuant to contract
with Aug** G of CCmtniseioners, contractor will secure from such subcontrador(s)similar verification of compliance with
:C GA§13'4 On`tte St ctor tritprovided`in Rude 300-10-01-.08 or a substantially&niter form.Contractor f ether agrees to
k**MOONS
II)
Of'Such cstmphencxt and provide a copy of each such verification to the Augusta,Georgia Board of Commissioners at the
time the suboontractor(s)is retained to perform such service.
Georgia Law requires your company to have en E•Verlfy'tisar Identification Number(Company 1.D.)on or after July 1,2009.
I For additional information or to enroll your company.visit the State of Georgia website:
bass/i 'y.seds and/or h /Mwwrw.i of etatr gs;trafodftrujes400 .10 lag
*ireE Verify*User identiicii�tNumber LP.) ?30014
I -, E.VERIFY BMil NDIFICATC*NUMBER(COMPANY 1.0.)AWRY BE PROVIDED: *ADDITION,THE RECOMMENDED AWARDED
VEMOR MU NtrItEtRifttED TO PROVIDEA DOPY OP HOPatukie gEturtmos8ERIORAPCIUNI OP UNDERSTANDING(MOU)
The undersigned further agrees to submit a notarized copy of Attachment B and any required
documentation noted as part of the Augusta, Georgia Board of Commissions specifications which
I 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.
I
Larry Pittman & Associates. Inc. .
ny -
I BY: Authorized e icer or Agent
(Contractor ii:ature)
President
I Title of Authorized Officer or Agent of Contractor
Timothy C. Pittman
Printed Name of Authorized Officer or Agent
1 SUBSCR/�EiD,AND 7ORN E ME ON THIS THE 2 5 thDAY OF April 201 7
sn�i 'sar�
' blic
NOTARY SEAL
Notary Pu
My Commission Expires: May 8, 2018
I YOU Must Complete and Return the 2 Panes of Attachment B with Your Submittal.Document Must Be Notarized.
Rn,.2/17/2016
I 81d 17-170 Fort Gordon/Augusta Utilities Administration Building Expansion Project
Bid Due:Tuesday,April 25,20170;3:00 p.m.
Page 6 of 15
I
V
4ORG1A
you must Complete and Retain With Your Submittal, Document Mt be Notarized
' Systematic 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
1 License, Taxi Permit, Contract or other public benefit as reference in O.C.G.A.Section 50-36-1, i am stating the
following with respect to my bid for an Augusta, Georgia contract for
ITB #17-170 Fort Gordon / Augusta Utilities Administration Building
' i�Project Number and Project Name) Expansion Project
Timothy C. Pittman
(PrhrtfType:Name of natural person applying on behalf of individual,business,corporation,,partnership,or other private Cathy)
' Larry Pittman & Associates, Inc.
(Prit/Type;Name of business,corporation,partnership,or other private entity)
1.) X 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, I 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 16-10-20 of the Official Code o
' gnature of Appik
Timothy C. Pittman
Printed Name
*Alien Registration e8 Number for Non-Citizens
' SUBSCRIBED AND SWORN BEFORE ON THIS THE 2 5th DAY OF Apr i 1 20 1 7
,,,e4e27,0 -Lf7
' Notary Public
My Commission Expires: May 8, 2018 NOTARY SEAL
Note: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL
REv.2/17/2016
' Bid 17-170 Fort Gordon/Augusta Utilities Administration Building Expansion Project
Bid Due:Tuesday,April 25,2017118:00 p.m.
Page 7 of 15
I ' Local Small Business Opportunity Program Ordinance participation of local small businesses;and(c)agreement
Requirements not to engage In discriminatory conduct of any type.
IIShall
To All Bidders(PLEASE READ CAREFULLY) (II) Proposed Local Small Business
Shall apply to L Bids regardless of the dollar amount Subcontractor/Suppler(ill)
Documentation
Utilization Pian.
In accordance with Chapter 10B of the AUGUSTA, GA. (ill)Documentation of Good Faith Efforts to use
CODE. Contractors agree to collect and maintain ad records
local re to businesses.
necessary to for Augusta,Georgia to evaluate the effectiveness of
Failure to submit the above documentation shall
I
Its Local Small Business Opportunity Program end to make such result in the bid being declared non-responsive.
records available to Augusta, Georgia upon request The (d)Post Contract Award 11?ael'requremen The purpose of
requirements of the Local Small Business Opportunity Program can this sub-section Is to establish requirements for contractor
be found at www.aucurstapa.coy. In accordance with AUGUSTA,GA: compliance with the LSBOP after a contract has been
CODE,Contractors shall report to Augusta, Georgia the total dollars awarded. This is incorporated
small
into all Augusta, Georgia
IIs,paid to each subcontractor, vendor other business on each business goal has been
contract,t, and shall provide such payment affidavits, regarding established or negotiated.
payment subcontractors,if any es a
Contracts for which a local required by Augusta,Georgia. (1) Contractors nes shall have an affirmative,
Such utilization reports shall be in the format specified by the small business obligation goal meet or exceed the the contractued local
Director of Minority and Small Business Opportunities,and shall be small for the duration of The
I submitted at such times as required by Augusta;Georgia Required Augusta,Georgia may deem a Itscontractorc b be inviolationime
forms can be found at www.aucustac a.gov. If you need assistance of the LSBOP and In breach of its contract If at any time
completing a form or filing information, please contact the L.SBO Augusta,Georgia determines that
Program office at(706) 821-2406. Failure to provide such reports (a)The contractor will not meet the committed
I within the time period specified by Auguste, Georgia shall entitle local small business goals;and
Augusta, to (b) the reasons for the contractor's i failure are
uyn t limited Georgiato exerciseholdi any yr the remedies setforth, r ancirtg within the contractor's control.For example,if a contractor
but not to.withholding payment from the Contractor errdror does not meet the local small business goal because the
collecti a copy tiquIdatod the damages Contractor Data Collection Form contractor terminated a local small business without cause
I visit:)tttof/www.auauslaoa.cov/lndex.asux?NID=167 or If the contractor caused and local small business to
Website: httpJ/vevw.aucustaaa,stov4r,dex,asox?nit 63 withdraw from the project without Justification, then
Augusta,Georgia is Justified in finding the contractor to be
SHALL APPLY TO PROJECTS$100.000&UP ( latbn othe
ce.LSBOP.
I Local Small Business Opportunity Program(Continued) (hh))t Complianca
Sac.1-10-126.Local small business opportunities program µ)The Director of minority and small business
participatlon opportunities shall be responsible for evaluating good faith
(a) Seated Bids The following procedures and'contract efforts documentation and subcontractor information
submitted by bidders In conformance with,the AUGUSTA,
.j requirements will be used to insure that local small GA.CODE and any State and Federal Laws applicable to
I businesses are encouraged to participate in Augusta, any bid specifications for competitive sealed bid projects
Georgia contracts,including but not limited to construction prior to award of the contract
contracts, requests for professional services and the (I)Competitive Bids.
performance of public works contracts. The Augusta, Nothing In this Policy is to be construed to require
' Georgia user department shall indicate goals for local Augusta,Georgia to award a bid contract to other than the
small business in all solicitations for contracts over lowest responsible bidder, or to require contractors to
$100,000 In value: award to subcontractors, or to make significant material
(1) Bid conditions for contracts awarded by purchases from local small businesses who do not submit
Augusta, Georgia will require that, where subcontracting the best overall
l Is utilized Inpricing to Augusta,Georgia
I goo performing the contrail, the bidder or SIM.140-13Q. —federally funded projects.
proponent, will make Good Faith Efforts to nesse Bid In accordance with Exceptions 1-10-8 and Chapter nOB,the LSBOP
with or purchase supplies from local small businesses,Bid shall only be utilized with federally funded projects,
specifications will require the bidder or proponent to keep solicitations or contracts as authorized by federal (and
records of such efforts that are adequate to permit a Gam) laws, regulations and conditions applicable to
Idetermination of compliance with this requirement such projects. To the extent that there are any conflicts(2) Each bidder shall be required to provide between any such laws,regulations or conditions and the
documentation of achieving goal or provide documentation LSBOP, the federal (and Georgia) laws, regulations and
of Good Faith Efforts to engage local small businesses as conditions shall control.
subcontractors or suppliers, the names of local small
I
businesses and other subcontractors to whom it Intends to NOTE: All forms should be submitted In a separate,
award subcontracts, the dollar value of the subcontracts, sealed envelope labeled Local Small Business
and the scope of the work to be performed, recorded on Required Forms,Company's Name&Bid Number
the form(s)provided or made available as part of the bid
I
package. if there are no sub-contracting opportunities, dor. Questions and or additlornal informationbidder shall so indicate on the appropriate form, please contact:
(6) All b►d documents shall require bidders or
proponents to submit with their bid the following written Local Small Business Opportunity Program,
documents, statements or forma which shall be made 535 Talfalr Street,Room 710,
I available by the Procurement Department. Augusta,Georgia 30901
(I) Non-Discrimination Statement which shall 706 821-2406.
affirm the bidder's: (a) adherence to the policies of ( )
Augusta, Georgia relating to equal opportunity in
i
contracting;(b)agreement to undertake certain measures Website: http l/www.auaustaga.gov/index.aspx?ntda ,3
as provided in this policy to ensure maximum practicable
R•vbed 2-11.16
IBid 17-170 Fort Gordon/ Utilities Administration/Augusta Ion Building Expansion Project
Bid Due:Tuesday,April 25,2017 @ 3:00 p.m.
Page 8 of 15
Local Small Business Goal
The Local Small Business Opportunity Program provides for Local Small Businessi goals
to be set on all applicable Augusta, Georgia procurements over $100,000 in value. The
Local Small Business goal for this procurement is:
10 %
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.
1
Failure to submit the above documentation shall result in the bid or
proposal brine declared non-responsive.
I 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 website: wwwaugumaga,goN.
3 Only one Non-Discrimination statement is required"See Attachment B".
Bid 17-170 Fort Gordon/Augusta Utilities Administration Building Expansion Project
Bid Due:Tuesday,April 25,2017#3:00 p.m.
Page 9 of 15
r • ,
» Local Small Business Qpportunity Program Requirements
Augusta, Georgia has adopted a race and gender neutral Local Small Business Opportunity Program (LSBOP).
See Augusta, GA Code, Chapter 108. 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.auvustaga: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 fails to meet the required LSBOP requirements, including
but not limited to, failing to provide the Required Pre-Award Bid Submittal documents, failing to provide
commitments to achieve the applicable Project Specific LSB 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 breach 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
1 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.
Required Pre-Award Bld Submittals..
Bld 17-170 Fort Gordon/ UtilitiesAdministration/Augusta Adm straUon Bu11dInY Expansion Project
Bld Due:Tuesday,April 25,2017•3:00 p.m.
Page 10 of 15
r . .- -
I —
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:
I
(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
I
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
I
are available at the Disadvantaged Business Enterprise Department and on the Disadvantaged
Business Enterprise Department website:
1 ('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
I type.
(2) Documentation of Good Faith Efforts to use local small businesses.
1 (3) Proposed Local Small Business Subcontractor/Supplier Utilization Plan.
(4) Executed Letter(s)of Intent with entities identified in LSB Utilization Plan.
IFailure 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 shallfurnish 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
I 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
I
Faith Efforts to achieve the Project Specific Goal(s)on the base bid.
V. Letters)of int.
I The Bidder shall submit with its bid completed Letter(s) of intent (LOl) utilizing the Letter of Intent
format provided by the Disadvantaged Business Enterprise Department documents. The LO1 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
I 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.
I
IVI. Post Award Requirements,.
(a) Prime Contractor Data Collection Form
IBid 17-170 Fort Gordon/.Augusta Utilities Administration Building Expansion anion Pro1 ect
Bid Due:Tuesday,April 25,2017 X13:00 p.m.
I
Page 11 of 15
II-. - ..
All prime contractors are required to complete and submit the Prime Contractor Data Collection Form
upon award. This form must be completed in its entirety and submitted within the designated time
established by the Compliance Department--Disadvantaged Business Enterprise Division,
I (b) First-Tier Subcontractor, Sub-consultant, Supplier Information Form
All prime contractors are required to complete and submit the First-Tier Subcontractor, Sub-consultant,
I Supplier information Form upon award. This form must be completed in its entirety and submitted within
the designated time established by the Compliance Department — Disadvantaged Business Enterprise
Division.
I
(c) Monthly Utilization Reports
To evaluate the effectiveness of the LSBOP, Augusta, Georgia monitors the participation of Subcontractors
I and Suppliers on Augusta Georgia contracts. Each Contractor must submit a Monthly Utilization Report of
Subcontract Payments by the 15th
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 the Monthly
IUtilization Reports will be considered a contract breach.
(d) Substitutions, Additions or Deletions of LSB Subcontractors or Suppliers.
I 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
I 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.
I
X
Submit all Forms and Utilization Reports to:
Augusta,Georgia Compliance Department
I Disadvantaged'Busi essLEnterpiise Division
08440111r$4+1et Room 710
Augusta,Georgia 30901
0048214408
I (e) Monitoring Procedures
I 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.
I
I
I
I
Bid 17-170 Fort Gordon/Augusta Utilities Administration Building Expansion on Project
Bid Due:Tuesday,April 25,2017 0 3:00 p.m.
Page 12 of 15
1
PROJECT NAME Fort Goldpn/Massa mewl IND 1 1 7-1 7 0
Administration Building Expansion Project
LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM
' LETTER OF INTENT
TO PERFORM AS A SUBCONSULTANTISUBCONTRACTOR/SUPPLIR
' To: Larry Pittman & Associates, Inc.
(Name of Proposer)
' A. The undersigned intends to perform work in connection with the above project In Me following
capacity(check one):
' Individual
Limited qty Company(LLC)
Par ership Joint Vera,*
' B. The Local Small SUWON Opportunity Program(LSBOP)status of the undersigned is
confirmed as foil vas:
By et�of of Certification Issued by the
Georgie' _x ransportation
Sy attachmert of a current Weer issued by the
Augusta.Georgia Clime Department-Disadvantaged&sham Enterprise Division
C.The undersigned Is prepared to perform the following work in connection with the above project
Comm Nava-s
D. The undersigned states that they we be Worming 81 %of the iotat project.
' E. The undersigned will sublet ander award 19 %of Mt subcontract to non-Local Small
BusinessOpportunity Program conk rs and/or s> kers.
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-Rlchmond Courtly.
'
Terra Excavating LLC
(LSBOP Contractor Fkrn Name)
By: t�"►.ir d'R°L $1- Date: 041251'017
(S�ipnatt J',0!!.. Repreeerdetive)
' Old 17-17>09 rot wrd.m l Augusta UMW taiaw+.n►101/1
Sid Main Tuddrer,Apt IL 2819.2403.a1.
P 13d1S
I
I
LOCAL SMALL BUSINESS UTILIZATION PLAN
IThe undersigned bidder/offeror has satisfied the requirements of the bid specification in the following
manner(please check the appropriate space):
Name of bidder/offeror's firm:
I By
(Print Name) (Signature) (Date)
IThe bidder/offeror is committed to a minimum of % LSBOP utilization on this contract.
(Please complete the requested subcontractor/supplier information below.)
I OR
The bidder/offeror is unable to meet the LSBOP goal of %. Therefore, the bidder/offeror will
complete in its entirety the document titled GOOD FAITH EFFORTS and submit supporting
I
documentation demonstrating good faith efforts.
I
Subcontractor/Supplier Address Principal LSBOP Utilization Yo
Name Phone Contact Certified
Email
I
,
I
I
I
I
I _ _
Use additional sheets as necessary.
I
IBid 17-170 Fort Gordon/Augusta Utilities Administration Building Expansion Project
Bid Due:Tuesday,April 25,2017 CP 3:00 p.m.
Page 14 of 15
' 10 X4v
C o o.o
V d8 �
d
.M 0CO XI
3 'yn cL
W N
0
r N
43 :12 rE
O or
I fa
Z c i >
ul
in i .._ « 9
IS'c o ? N
o t. ,_
(/t T t w N• .S
Ts
0 0 a
co c
o
4) t t7
2.
r.
1,1 V .41 G1
p O 1-1p
a Ci
V CO
a
I
I
W C
O r;
1 aco
LL• 3
O
o � E
W
.iii 1
i.
0. I" .;
' liii ai
O
(..) I
I
CO
+, ilt N
VI at
J V
13
fi Q
'ti . B
` c
O
•
fi A o
m
C4,1 C4 1 5 O Ca.
0
t ,_. gs 0 E J1 ro
m
' CONTRACT DOCUMENTS
' FOR
Bid item # 17-170
FORT GORDON ADMINISTRATION
' BUILDING EXPANSION
prepared for
' AUGUSTA COMMISSION
Augusta, Georgia
The Honorable Hardie Davis,Mayor
' Commissioners:
William Fermoy
Dennis Williams
Mary Davis
' Sammie Sias
Andrew Jefferson
Ben Hasan
' Sean Frantom
Wayne Guilfoyle
Marion Williams
' Grady Smith
' Tom D. Wiedmeier
Director,Augusta Utilities Department
Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, GA 30901
' prepared by
JOHNSON,LASCHOBER&ASSOCIATES,P.C.
ARCHITECTS + ENGINEERS + LANDSCAPE ARCHITECTS
1296 Broad Street,Augusta,Georgia 30901
www.theJLAgroup.com
' January 11,2017 JLA Job No. 3042.1601
I ;.. ,. - .. ._, .. •
IrFort Gordon Administration Building Expansion 01/2017
� JLA Project No. 3042.1601
1
TABLE OF CONTENTS
ITITLE PAGES
I Invitation to Bid 1
Instruction to Bidders 3
Bid Form(Exhibit to Standard Form of Agreement) 4
I
Agreement 3
Notice of Award I
Notice to Proceed 1
IChange Order 1
Bid Bond 2
Performance and Payment Bond 5
IGeneral Conditions 52
Supplementary Conditions 12
ISpecial Conditions 4
Application for Payment 3
Certificate of Substantial Completion 2
1
DIVISION 01 GENERAL REQ,}U REMENTS
011000 Summary 2
I 012100 Allowances 2
013000 Submittals 4
014000 Quality Control 3
I
017000 Contract Closeout 2
I
I
I
I
I
I TOC-1
V
Fort Gordon Administration Building Expansion 01/2017
IJLA Project No. 3042.1601
IInvitation To Bid
Bids will be received at this office until Tuesday,April 25,2017 @ 3:00 p.m.
IA. Bid Item#17-170: Fort Gordon Administration Building Expansion involving construction of a building expansion to
the existing administration building,approximate 2,200 SF. The building addition will include two new offices,plan
room,supply closet,and expansion of the break/training room and men's locker room,building utilities,covered patio
Iand site improvements involving approximately one-half acre.
Bids will be received by Augusta,GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A.Sams
I Procurement Department
535 Telfair Street-Room 605
Augusta,Georgia 30901
706-821-2422
I
Bid documents may be examined at the office of the Augusta,GA Procurement Department,535 Telfair Street—Room 605,Augusta,
GA 30911. Plans and specifications for the project shall be obtained by all prime contractors,subcontractors and suppliers
I
exclusively from ARC. The fees for the plans and specifications which are non-refundable are$125.
It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the
Owner is providing the opportunity to view plans online(www.e-arc.com)at no charge through ARC Southern(706 821-0405)
beginning Thursday,March 9,2017. Bidders are cautioned that submitting a package without Procurement of a complete set are
I
likely to overlook issues of construction phasing,delivery of goods or services,or coordination with other work that is material
to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not
advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
I " A Mandatory Pre Bid Conference will be held on Friday,March 31,2017 @ 10:00 a.m.in the Procurement Department,
535 Telfair Street,Room 605.
I All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcootract@augustaga.gov to
the office of the Procurement Department by Monday,April 10,2017 @ 5:00 P.M. No bid will be accepted by fax,all
must be received by mail or hand delivered.
I No bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10%Bid bond is required to
be submitted in a separate envelope so marked along with the bidder's qualifications;a 100%performance bond and a 100%
payment bond will be required for award.
I Invitation for bids and specifications.An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including,but not limited to,the number of copies needed,
the timing of the submission,the required financial data,and any other requirements designated by the Procurement Department are
I considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive
or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the
Augusta,Georgia Commission for approval by the Augusta,Georgia Commission. Please mark BID number on the outside of the
envelope.
IBidders 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 placed the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
ICorrespondence must be submitted via mail,fax or email as follows:
Augusta Procurement Department
I Attn: Geri A. Sams,Director of Procurement
535 Telfair Street,Room 605
Augusta,GA 30901
Fax: 706-821-2811 or Email:pr xb ciandeontrgcxeatigusta.ga go
,„,IGERI A. SAMS,Procurement Director
r
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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 1117..RPRETA ONS
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 by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Monday,April
10,2017 @ 5:00 P.M. No bid will be accepted by fax,all must be received by mail or hand delivered.
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 US. 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 bid 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
:r,.. - .s... r. .. . -
I Fort Gordon Administration Building Expansion 01/2017
-. JLA Project No. 3042.1601
IBids 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
Iwho will affix the corporate seal to the proposal.
NOTE: A 10%Bid Bond is required in all cases.
IIB-05 BASIS OF AWARD
The bids will be compared on the basis of unit prices,as extended,which will include and cover the
I 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.
I 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. Itis 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.
I
IB-06 P3IDIER'S OUALIFICAnONS
I 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,a FINANCIAL
EXPERIENCE AND EQUIPMENT STATEMENT,giving reliable information as to working capital
I
available,plant equipment,and his experience and general qualifications. The Bidder shall submit a
list of properties the company has built in the past three years,that are multi-family.(Multi-Family is
defined as duplexes up to 10+ units.)The OWNER may make such investigations as are deemed
I 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
I 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. Bidders must show cash or line of credit availability for$200,000.
IIB-07 PERFORMANCE BOND
At the time of entering into the contract,the CONTRACTOR shall give bond to the OWNER for the use
I 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
I 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:
I 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 .REFECTION OF BIDS
I
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.
IB-2
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
IIB-09 CONTRACT TIMES
Substantial completion of this project shall be 180 days after notice to proceed.Final completion shall
Ibe 30 days after substantial completion.
Substantial completion shall be defined as completion of the building expansion and site work.
I
I
I
I
I
I
I
I
I
I
I
I
I
IB-3
I -
r
f
I Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
BID FORM
PROJECT IDEN.MICATION: Fort Gordon Administration Building Expansion
Project No.FG_2016-014
CONTRACT IDENTIFICATION AND NUMBER: Bid Item#17-170
THIS BID IS SUBMITTED TO:
Augusta Commission
Augusta Procurement Department
' 535 Telfair Street—Room 605
Augusta,GA 30901
1.01 The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with OWNER
' in the form included in the Bidding Documents to perform all Wort as specified or indicated in the Bidding
Documents for the prices and within the tines indicated in this Bid and in accordance with the other terms and
conditions of the Bidding Documents.
I2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to
Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain
subject to acceptance for 60 days after the Bid opening,or for such longer period of time that Bidder may agree
to in writing upon request of OWNER.
3.01 In submitting this Bid,Bidder represents,as set forth in the Agreement,that:
A. Bidder has examined and carefully studied the Bidding Documents,the other related data identified in
the Bidding Documents,and the following Addenda,receipt of all which is hereby acknowledged.
' Addendum No. AcktentidumDete
1 04/18/2017
' B. Bidder has visited the Site and become familiar with and is satisfied as to the general,local and Site
conditions that may affect cost,progress,and performance of the Work.
' C. Bidder is familiar with and is satisfied as to all federal,state and local Laws and Regulations that may
affect cost,progress and performance of the Work.
D. Bidder has carefully studied all: (1)reports of explorations and tests of subsurface conditions at or
' contiguous to the Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site(except Underground Facilities)which have been
identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions,
and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been
' identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.
' 00300-1
I
.. . .. ... .. - .. _ .
II
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
E. Bidder has obtained and carefully studied(or assumes responsibility for having done so)all additional
U
or supplementary examinations, investigations, explorations, tests, studies and data concerning
conditions (surface,subsurface and Underground Facilities) at or contiguous to the Site which may
affect cost,progress,or performance of the Work or which relate to any aspect of the means,methods,
techniques,sequences,and procedures of construction to be employed by Bidder,including applying
I the specific means, methods, techniques, sequences, and procedures of construction expressly
required by the Bidding Documents to be employed by Bidder,and safety precautions and programs
incident thereto.
I F. Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or
data are necessary for the determination of this Bid for performance of the Work at the price(s)bid
and within the times and in accordance with the other terms and conditions of the Bidding
Documents.
I
G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that
relates to the Work as indicated in the Bidding Documents.
I H. Bidder has correlated the information known to Bidder,information and observations obtained from
visits to the Site, reports and drawings identified in the Bidding Documents, and all additional
examinations,investigations,explorations,tests,studies,and data with the Bidding Documents.
I I. Bidder has given ENGINEER written notice of all conflicts,errors,ambiguities,or discrepancies that
Bidder has discovered in the Bidding Documents,and the written resolution thereof by ENGINEER is
acceptable to Bidder.
1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for the performance of the Work for which this Bid is submitted.
4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed
I individual or entity and is not submitted in conformity with any agreement or rules of any group,association,
organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to
submit a false or sham Bid;Bidder has not solicited or induced any individual or entity to refrain from bidding;
and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over
I OWNER.
5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):
BASE BID:
I
yd
I. Fort Gordo A. '.tration Building Expansion Complete S •5 5 1 , b DI7,
�,r ;i (Numerals)
e- :—.74::%' e_.. •yl-�,�',fZ
I
ti,C it.“ red " "-"r '.y rciiv-% f
2.. Allowance No.1 Testing by Owner Selected( Testing Firm. $ 3.000.00
(Numerals)
3. Total Base Bid(Items 1&2) S07
A;Ae
-kA-411-411A
tfj
I
rd (Numerals)
DEDUCTIVE ALTERNATE NO. 1: Remove proposed asphalt pavement(including pavement markings)
for the rear parking area as shown on sheet C-101 and replace with gravel pavement per
I
Detail B2/ 1. ix44
C noa o 0
(Words) (Numerals)
I00300-2
1
r. . . . .. . . .
I
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
6.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment in
accordance with paragraph 14.07.8 of the General Conditions on or before the dates or within the number of
calendar days indicated in the Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the
Work within the times specified above,which shall be stated in the Agreement.
' 6.03 The following documents are attached to and made a condition of this Bid:
A. Required Bid security in the form of Certified Bid Bond;
B. Financial experience and equipment statement per section IB-06 of Instructions to Bidders.
' SUBMITTED on April 25 ,2017
If BIDDER is:
An Individual
(SEAL)
(Name-type or prknt)
(Indviduars Signature
Doing Business As
Business Address
Phone No Fax No
' A Partnerahiv
(SEAL)
(Partnership Name-type or print)
(Signature of General Partner) (attach evidence of authority to sign)
Business Address
Phone No Fax No
00300-3
III
Fort Gordon Administration Building Expansion 01/2017
I7LA Project No. 3042.1601
A Corporation
I
Larry Pittman & Associates, Inc. (SEAL)
(Corporation Name)
Georgia
I
(slate of incorpwafo n)
Ser ' -
ype-cF: Business,Professional,Service,tinted Uab )
I
(Signature)Lure) (a o idence of authority to sign)
I
Timothy C. *ittman
(Noone-lype or per)
President (CORPORATE(SEAL)
1 ,./4 : ?7;17).....,74:: , "4;71"
(ATTESTSignature of F-..rate Secretary)
I1249 Gordon Park Road
Business Address
I ( Augusta, GA 30901
706-724-7602 706-724-7641
I
Phone No Fax No
02/1985
Date of Ousslication To Do Business
IA Joint Venture
(SEAL)
I (Joint Venture Name-type or print)
(Signature of Joint Venture Partner) (attach evidence of authority to sign)
I (Name-type or print)
I (Tfe-type or print)
Business Address
I
I Phone No Fax No
(Each joint venturer must sign. The manner of signing for each individual,partnership and corporation that is a party
to the joint venture should be in the manner indicated above).
I00300-4
i
I
IBond No.
BID BOND
The American Institute of Architects,
AIA Document No.A310(February, 1970 Edition)
I
KNOW ALL MEN BY THESE PRESENTS,that we Larry Pittman&Associates.Ins.
I
1249 Gordon Park Road.Augusta.GA 30904
as Principal hereinafter called the Principal,and an Beoublic surety
I
a corporation duly organized under the laws of the state of wigoonsin as Surety, hereinafter called the Surety,
are held and firmly bound unto motet&Georgia
I
as Obligee,hereinafter called the Obligee,in the sum of 10%of Bid
Dollars ($t o%Of Bid ), for the payment of which sum well and truly to be made,the said Principal and the
said Surety, bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally, firmly
I
by these presents.
WHEREAS,the Principal has submitted a bid for Fort Gordon/Augusta Gordon/AugustaUtilities Administration Bu$dirw Exoension Protect
I
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
I 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
I 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.
ISigned and sealed this 24th day of Awn , 2017
I „9 Larry Pittman&Associates,Inc.
Witness Principal (Seal)
ITimothy C. Pittman, PresidentNarnc!ritle
IOld Reoublic Suety
.[ �L /� �^ Surety 4a1)
;,G� 4 t�f/� 61e...reti.-.WitnassBy' —( '—G Anthony Act
IORSC 21328(5/97)
IM
* * •
OL REPUBLIC SURETY COMPANY
I *'t** POWER OF ATTORNEY
I KNOW ALL MEN BY THESE PRESENTS That OLD REPUBLIC SURE'L'Y COMPANY,a Wisconsin stock insurance corporation,does make,constitute and
appoin
GERALD ANTHONY ARMSTRONG,JESSICA A.BENDER OF AUGtrSTA,GA
Iits tree and Lawful Attorney(s)-n-Fact,with full power and authority,not exceeding S50,000;000,for and on behalf of the company as surety,to execute and deliver
and affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof,(other than bail
bonds,bank depository bonds,mortgage deficiency bonds,mortgage guaranty bonds guarantees of installment paper and note guaranty bonds.self-insurance workers
compensation finds guaranteeing payment of benefits,asbestos abatement contract bonds, waste management bonds.hazardous waste remediation bends or black lung
I
bonds). as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED
SEVEN MILLION FIVE HUNDRED THOUSAND($7,500,000)-----FOR ANY SINGLE OBLIGATION
Iand to bind OLD REPUBLIC SURETY COMPANY thereby,and altertheacts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed.
This document is not valid unless prink/don colored baclt;gmund andis mutti;colore d. This appointment is madeamderand by authority of the board of directors
at a special meeting held on February 18,1982 This Power of Attorney is signed and sealedby facsiinile ruder and by the addirrty' of the following resolutions
I adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that,the president,any vise-president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint
attomeys.in-fact or agents with authority as defined or limited in the inFtrument evidencing the appointment in each ease,fir and on behalf of the'ceyto
executeand deliver and affix the seal of the company to bonds,undertakings,recognisances,and suretyship obligations of all kinds;and said officers may remove
I any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid andbinding upon the Company
(i)when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secnetary or assistant
secretary;or
I (ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and reale d,(if a seal be
required)by a duly authorized attorney-in-fact or agent;or
(iii)when duly executed and sealed(if a seal berequired)'by one or more attorneys-in-fact or agents•pnrsuant to and within the limits of the authority
evidenced by-the Power of Atorneyissuedby thecompany to such person or persons.
I RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and•itacorporate seal to be
I affixed this 29TH day of MARCH,2017.
OLD REPUBLIC SORETV COMPANY
P
Alt
/:—.._.. � SEAL
Ad I°
SF
...."'" Aide:______________
STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS ''"Am`„,.+•' President
IOs alis 29TH day of MARCH,2017 ,personally came before me,, Alan Pesti-iv and
i Jane I~l ltemty ,to ire known to be the individuals and officers of the OLD REPUBLIC SURER-1'COMPANY who executed the above
instrtunent,andthey each acknowledged the execution of the same,and being by me duly sworn,did severally depose.and say; that they are.the said officers of the
I corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the heard.o€'directors of said corporation. ,01
111 i s 6 .43. 1J.'
I
My commission expires: 9/28/2018
CERTIFICATE (Expiration Oratory commission does not Invalidate this instrument)
II,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power
of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in
force. h i
80-3000 Signed and sealed at the City of Brookfield,WI this ��' .- day of Apr I.t E F
I (1/00*****-Si\
r000�w+ ' Ass>eran' dir
INS SERVI •OF AUGUSTA
THIS DOCUMENT HAS A COLORED PACl<QROUNDANOIS MULTI-COLORED ON 31.3E TACE_ THE COMPkNY LOGO APPEARS OrITHE
1',,', ail - '
HACK OF THIS 1"() LIMENTASAWATERMARK. IF THESE FEATURES ARE ABSENT,THIS DOCUMENT IS VOID).
m
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
I
THIS AGREEMENT, made on the day of ,2017 by and between AUGUSTA,
I GEORGIA, BY AND THROUGH THE AUGUSTA, GEORGIA 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
Inamed,agree as follows:
ARTICLE I-SCOPE OF THE WORK
IThe 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
Iproject entitled:
Fort Gordon Administration Building Expansion
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.
I CONTRACTOR shall be compensated in accordance with the compensation provisions below and in
accordance with the rates established in Bid Item 17-170 or as may be amended and approved by OWNER.
ARTICLE II-TIME OF COMPLETION/LIQUIDATED DAMAGES
I The work to be performed under this Contract shall be commenced within 10 calendar days
after the date of written notice by the OWNER or the CONTRACTOR to proceed. All work shall be
substantially completed within 180 calendar days with all such extensions of time as are provided for in the
I General Conditions. Substantial completion shall be defined as sewer being in service.Final completion shall
be 30 days after substantial completion.
It is hereby understood and mutually agreed,by and between the CONTRACTOR and the
I 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
I 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
Iprevailing 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
I
consideration for the awarding of this contract,to pay the OWNER the sum of one thousand($1,000}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
Icompleting the work.
The said amount is fixed and agreed upon by and between the CONTRACTOR and the
I 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.
I
I A-1
im
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
IIt 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
I allowed for the completion of any work,the new time limit fixed by extension shall be the essence of this
contract.
Points of Contact and Direction
IAll administrative deliverables including notices,certificates and permits required under this Agreement
shall be submitted to the OWNER. All technical deliverables required by the Contract shall be submitted to
I OWNER technical point of contact(POC)noted below. Any administrative or technical direction received
from these individuals, unless received in the form of a revision to this Agreement, shall be considered
informational only and shall not be binding by the parties. All notices and actions by OWNER under this
IAgreement shall be submitted to the CONTRACTOR POC identified below.
OWNER Technical POC: AHCD Assigned Personnel
CONTRACTOR POC:
IARTICLE III-PAYMENT
I (A) The Contract Sum
The OWNER shall pay to the CONTRACTOR for the performance of the Contract the amount
I as stated in the Contract based upon rates stated in the BID FORM and Schedule of Items of Bid Item
170. No variations shall be made in the amount except as set forth in the specifications attached hereto.
(B) Progress Payment
I On no later than the fifth day of every month, the CONTRACTOR shall submit to the
OWNER's Engineer an estimate covering the quantities used toward completion of Contract which has been
completed from the start of the job up to and including the last working day of the preceding month,together
I with such supporting evidence as may be required by the OWNER and/or OWNER's 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
I
deducting previous payments made,pay to the CONTRACTOR 90% of the amount of the estimate on units
accepted in place. The 10% retained percentage may be held by the OWNER until the final completion and
acceptance of all work under the Contract.
IARTICLE IV-ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is ready for final inspection and
I
acceptance,the OWNER's Engineer shall within 10 days make 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
I 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.
I (B) Before final payment is due,the CONTRACTOR shall submit evidence satisfactory to
the OWNER 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
I 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.
I A-2
IFort Gordon Administration Building Expansion1
0 /2017
JLA Project No. 3042.1601
1i (D) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the CONTRACTOR, and the OWNER's Engineer, so certifies, the
I OWNER shall upon certification of the OWNER's 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
I that it shall not constitute a waiver of claims.
Entire Agreement
IThis Agreement supersedes all prior agreements and understandings and may only be changed by written
revision executed by both parties.
I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original,in th ratrchtayf .i iii iti ned above.
l
I
OWNER:AUGUSTA,GEORGIA ,40.,�®p*p'l'itffi
.414 9ACH N104,„4446,,{
r��*®lam-•••••
s®® ¢� 1
ATFJ , r; % S we, SEAL
i
I The Honorable Hardie Davis m ``" 5 �" + % •i
Len J .ner %s : i-
Md Or ! ,1?
- iD44 OPM #11 k#`
Y Clerk the 91 , .n
m
I
Date: Date: I�4p ' ��.
f
APPROVED AS TO FORM: 2D 'A$TMENT AP'ROVAL: .;, ,a
I
4
By: .j4` By: lat,\
I
Thomas D. Wiedmeier
Attorney / Director,Augusta Utilities Department
Date: 6/26/7) Date: (4•1"2-`6/ I T)
I
1
CONTRACTOR: Larry Pittman & Associates, Inc.
IATTEST: SEAL
( -..7— y
B3' B : ,! 102 2�1` '�
Name: Till by C. Pittman Name: Deborah Idding(
I
Title: President Title: Secretary
Date: 06/26/2017 Date: 06/26/2017
1
I A-3
r
1 E
GusT
NOTICE OF AWARD
ORG
I
DATE: %"20A/11___
I
CONTRACTOR: Larry Pittman&Associates, Inc.
IADDRESS: 1249 Gordon Park Road
Augusta Georgia 30901
ICity State Zip Code
PROJECT: Fort Gordon Administration Building PROJECT NO: Bid Item#17-170
Expansion
I
At a meeting of the held on(Date) 60 /LC1//7
you were awarded the Contract for the Project noted above.
I
Enclosed please find 5 copies of the Contract Documents for your execution. Please complete the
I
pages, affixing signatures, dates, notary and/or corporate seals,etc.where necessary and retum to this office
10 days from the date of this letter,excluding Legal Holidays.
IThe Certificate of Insurance must be complete.
Power of Attorney must be submitted in triplicate; an original and two copies is permissible.
I
Very truly yours,
I
I
440111r- 0.A....,„
Reciept of this NOTICE OF AWARD is hereby acknowledged this,the 26th day of June , 2017
Larry Pittman & Associa idIMIIIIII/Mib President
I Contractor By Title
Please sign and return one copy of this Notice of Award Acknowled s - to:
I
I
I
I 1
pu C.U.S
1";-!. NOTICE TO PROCEED
' OR
DATE:
TO: Larry Pittman&Associates, Inc.
' Attn:Timothy C. Pittman
1249 Gordon Park Road
' Augusta, Georgia 30901
' PROJECT: Fort Gordon Administration BuildingExpansion Bid item
P PROJECT NO: #17-170
You are hereby notified to commence WORK in accordance with the Agreement g Bement dated
ton 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,
' Receipt of this NOTICE TO PROCEED is hereby acknowledged
This,the day of , 2017
Contractor:
By:
Title:
Please sign and return one copy of this Notice to Proceed Acknowledgement to:
I 1
r
I
I
CONSTRUCTION CONTRACT CHANGE ORDER
CO NUMBER
IBIDITEM
DA 1"E
PROJECT TITLE Fort Gordon Administration Building Expansion
IORIGINAL CONTRACT DATE PROJECT NUMBER 17-170
OWNER AUGUSTA,GEORGIA PO NUMBER
I
The following change is hereby made to the contract for the above project:
Description of Change(for a more detailed description see attached proposal):
1
PAYEE
ITOTAL AMOUNT OF THIS CHANGE ORDER $
The contract time will be INCREASED by 0 calendar days as a result of this change.
tORIGINAL CON TRACT AMOUNT $
PREVIOUS CHANGE ORDER(INCREASE) $
ITHIS CHANGE ORDER(INCREASE) $
TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER $
I
FUNDING NUMBER/ACCOUNT NUMBER
IPROPOSED BY: DATE:
CONTRACTOR
IREQUES 1'ED BY: DATE:
ENGINEER
I SUBMI II ED BY: DATE:
DEPARTMENT HEAD
I FINANCE ENDORSEMENT: DA1"E:
COMPTROILER
RECOMMENDED BY: DATE:
IADMINISTRATOR
APPROVED BY: DATE:
I
MAYOR
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 dayof
,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 FORT GORDON
IADMINISTRATION BUILDING EXPANSION,for Augusta,Georgia in accordance with plans and
specifications as prepared by Johnson, Laschober and Associates.
' 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
P a contract in
the Form of Contract attached hereto (properly completed in accordance with said
tBid) 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
g
' 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)
1
' BB-2
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 LarryPittman&Associates,s,Inc. as Principal,
hereinafter called Contractor,and
' a corporation organized and existing under the laws of the State of Georgia, 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 Five Hundred Fifty Four Thousand Dollars and 00/100( $554,000.00)
' 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 FORT GORDON ADMINISTRATION BUILDING
EXPANSION,PROTECT NO. FG 2016-014 in accordance with the drawings and specifications
issued by 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
(2) 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. 2017.
Witness (Seal)
(Contractor)
Attest By (Seal)
' (Title)
Witness
(Seal)
(Surety)
' Attest By (Seal)
(Title)
' PB-2
p
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 Larry Pittman&Associates,Inc. as
Principal,
' hereinafter called Contractor,and
a corporation organized and existing under the laws of the State of Georgia with
its principal office in the City of Augusta ,State of Georgia 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
' Five Hundred Fifty Four Thousand Dollars and 00/100 ($554,000.00)
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 FORT GORDON ADMINISTRATION BUILDING EXPANSION,
PROJECT NO. FG 2016-014 in accordance with drawings and specifications issued by 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 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
I
claimant's work or labor was done or performed,or materials were furnished by such
Iclaimant,may sue on this bond for the use of such claimant,prosecute the suit to
final judgment for such sum or sums as may be justly due claimant,and have
I
execution thereon. The Owner shall not be liable for the payment of any costs or
expenses of any such suit.
I
(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,
I 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
Iof 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
Iperformed. Such notice shall be served by mailing the same by registered
mail or certified mail, postage prepaid, in an envelope addressed to the
I 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
I
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
I 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
Ibe 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
Iother 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
I
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
I 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.
I
I
I
•
I
I
PB-4
P
1
1 Signed and sealed this day of A. D. 2017.
1 Witness (Seal)
(Contractor)
Attest By (Seal)
(Title)
1 Witness (Seal)
(Surety)
Attest By (Seal)
(Title)
i
1
1
1
1
1
i
1
1
1
1 PB-5
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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,
' reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to
PROFESSIONAL's recommendation of final payment,unless responsibilityfor the protection thereof has been
assumed by OWNER at Substantial Completion(in accordance with paragraph 14.8 or 14.10).
GC-1
1
1
I ,.. , - .,
I
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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.
1 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.
' Projeet 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
submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.
' Specifications-Those portions of the Contract Documents consisting of written technical descriptions of
materials,equipment,construction systems,standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
GC-2
1
1
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' 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.
1
GC-3
1
1
�.
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1.When CONTRACTOR delivers the executed Agreements to OWNER,CONTRACTOR shall also
' deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
' Copies of Documents:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1)
complete set of the Contract Documents for execution of the work. Additional sets of the project manual and
' drawings and/or individual pages or sheets of the project manual or drawings will be furnished by AUGUSTA
upon CONTRACTOR'S request and at CONTRACTOR's expense,which will be OWNER'a 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
' y 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
1
I
. . , . .
1
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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.
1 CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
maintaining the schedule,includingupdating schedule. Schedule updates shall include progression of work
as compared to scheduled progress on work. Schedule updates shall accompany each pay request.
1
i
1
GC-5
1
1r
1 Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
1 AMENDING, REUSE
intent:
1 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.
1 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
3.6.3. a Work Change Directive(pursuant to paragraph 10.4).
GC-6
1
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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).
1 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 seat 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.
1
1
i
1
GC-7
i
1 f .
I
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
ARTICLE 4-AVAILABILITY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
' Availability of Lands:
'
4.1.OWNER shall furnish,as indicated in the Contract Documents,the lands upon which the Work is
to be performed,rights-of-way and easements for access thereto,and such other lands which are designated
for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be
borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or
' extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's
furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as
provided In Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials and equipment.
Physical Conditions:
4.2.1.Explorations and Reports:Reference is made to the Supplementary Conditions for identification
of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been
utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site(except Underground Facilities)that have
' been utilized in preparing the Contract Documents.
4.2.2. CONTRACTOR may rely upon the general accuracy of the"technical data"contained in such
reports and drawings.Such "technical data"is identified in the Supplementary Conditions. Except for such
reliance on such "technical data,"CONTRACTOR may not rely upon or make any claim against OWNER,
z` 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
performed after direction is provided by the PROFESSIONAL.
GC-8
1
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' Physical Conditions-Underground Facilities:
4.3.1.Shown or Indicated:The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the site is based on information and data
furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless
it is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1.OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of
' any such information or data;and
4.3.1.2.The cost of all of the following will be included in the Contract Price and CONTRACTOR shall
have full responsibility for reviewing and checking all such information and data for locating all Underground
' Facilities shown or indicated in the Contract Documents,for coordination of the Work with the OWNER'S of
such Underground Facilities during construction,for the safety and protection thereof as provided in paragraph
6.20 and repairing any damage thereto resulting from the Work,the cost of all of which will be considered as
having been included in the Contract Price.
4.3.2.Not Shown or indicated. If an Underground Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not
' reasonably have been expected to be aware of, CONTRACTOR shall,promptly after becoming aware thereof
and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22,
identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to
OWNER and PROFESSIONAL. PROFESSIONAL wit 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:
' 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
GC-9
1
1
I • -
Fort Gordon Administration Building Expansion 01/2017
ILA Project No. 3042.1601
present a substantial danger to persons or property exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR,Subcontractor,
' Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6 CONTRACTOR shall immediately:(I)stop all work in connection with such hazardous condition
and in any area affected thereby(except In an emergency as required by 6.22),and (ii)notify OWNER and
PROFESSIONAL,(and thereafter confirm such notice in writing.). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such
hazardous condition or take corrective action,if any. CONTRACTOR shall not be required to resume Work in
connection with such hazardous condition or in any such affected area until after OWNER has obtained any
required permits related thereto and delivered to CONTRACTOR special written notice(i)specifying that such
condition and any affected area is or has been rendered safe for the resumption of Work,or(ii)specifying any
special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot.
'
agree as to entitlement to or the amount or extent of an adjustment,if any,In Contract Price or Contract Times
as a result of such Work stoppage or such special conditions under which Work Is agreed by CONTRACTOR
to be resumed, either party may make a claim therefor as provided in Articles 11 and 12.
4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such
Work based on a reasonable belief It is unsafe,or does not agree to resume such Work under such special
conditions,then CONTRACTOR may order such portion of the Work that is in connection with such hazardous
conditions or In such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot
I
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.
1
1
r
1
GC-10
1
r. �.
1
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
ARTICLE 5-BONDS AND INSURANCE
1
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 commies that are duly licensed or authorized
in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds
signed by an agent must be accompanied by a certified copy of authority to act.Such surety and insurance
companies shall also meet such additional requirements and qualifications as may be provided in the
Supplementary Conditions.
5.2.2. CONTRACTOR shall deliver to OWNER,with copies to each additional insured identified in
5.3,an original or a certified copy of the complete insurance policy for each policy required,certificates of
' insurance (and other evidence of insurance requested by OWNER or any other additional insured)which
CONTRACTOR is required to purchase and maintain in accordance with 5.3.
' 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or it
ceases to meet the requirements of paragraph 5.1,CONTRACTOR shall within five days thereafter substitute
another Bond and Surety, both of which must be acceptable to OWNER.
' CONTRACTOR's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other
' insurance as is appropriate for the Work being performed and furnished and as will provide protection from
claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of
the Work and CONTRACTOR's other obligations under the Contract Documents,whether it is to be performed
or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of
' them to perform or furnish any of the Work,or by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar
' employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of
CONTRACTOR's employees;
' 5.3.3.Claims for damages because of bodily injury,sickness or disease,or death of any person other
than CONTRACTOR's employees;
GC-11
1
I
I Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
5.3.4.Claims for damages insured by personal injury liability coverage which are sustained(a)by any
I 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;
I
5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom;
5.3.6.Claims arising out of operation of Laws or Regulations for damages because of bodily injury or
Ideath 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.
IThe 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
I 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
I
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.
1 .
Contractual Liability Insurance:
I5.4.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.
IOWNER'S Liability Insurance:
5.5.OWNER shall be responsible for purchasing and maintaining OWNER's own liability Insurance,
I
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.
IProperty 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
I 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
I and shall include"all risk"insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as may be provided in the Supplementary
Conditions,and shall include damages,losses and expenses arising out of or resulting from any insured loss
or incurred in the repair or replacement of any insured property(including but not limited to fees and charges
I
of PROFESSIONALs,architects,attorneys and other PROFESSIONALs), if not covered under the"a11 risk"
insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and
GC-12
t
I
I
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
maintain similar property insurance on portions of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for Payment.
' 5.7.OWNER shall purchase and maintain such boiler and machinery insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include
the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's
' consultants in the Work, all of whom shall be listed as insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be
' purchased and maintained by OWNER In accordance with paragraphs 5.6 and 5.7 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at
least thirty days prior written notice has been given to CONTRACTOR by certified mall and will contain waiver
provisions in accordance with paragraph of 5.11.2.
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to
protect the Interests of CONTRACTOR,Subcontractors or others in the Work to the extent of any deductible
amounts that are provided in the Supplementary Conditions.The risk of loss within the deductible amount will
be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and If any of them wishes
property insurance coverage within the limits of such amounts, each may purchase and maintain it at the
purchaser's own expense.
' 5.10. If CONTRACTOR requests to writing that other special insurance be included in the property
insurance policy, OWNER shall, if possible, Include such insurance,and the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or Written Amendment Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has.been
' procured by OWNER.
Waiver of Rights:
5.11:1. OWNER and CONTRACTOR waive all rightsagainst each other for.all losses damages
g and damag
caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and
5.7 and other property Insurance applicable to the Work, and also waive all such rights against the
Subcontractors,PROFESSIONAL,PROFESSIONAL's consultants and all other parties named as insureds in
such policies for losses and damages so caused.As required by paragraph 6:11,each subcontract between
CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor In favor of
' OWNER,CONTRACTOR,PROFESSIONAL,PROFESSIONAL's consultants and all other parties named as
insureds.None of the above waivers shall extend to the rights thatany of the insured parties may have to the
proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued.
' 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and
5.7 shall protect all of the parties Insured and provide primary coverage for all losses and damages caused by
the perils covered thereby.Accordingly,all such policies shall contain provisions to the effect that in the event
of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named
as Insureds or additional insureds, and If the Insurers require separate waiver forms to be signed by
PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same,and if such waiver forms
are required of any Subcontractor,CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12, Any insured loss under the policies of insurance required by paragraphs 5.6 and 5;7 will be
' adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may
appear,subject to the requirements of any applicable mortgage clause and of paragraph 5.13.OWNER shall
GC-13
1
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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, sults, 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 body injury,sickness,
disease or death,or injury to or destruction of tangible property,including the loss of use resulting therefrom
and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor,anyone
directly or indirectly employed by any of them,or anyone for whose acts any of them maybe 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
GC-14
1
C
.. ,
c.
1 .
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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 ail such claims in
connection with any alleged infringement of such rights.
1
1
1
GC-15
1
it -
1
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently,devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means,
' methods,techniques,sequences and procedures of construction,but CONTRACTOR shall not be responsible'
for the negligence of others in the design or specification of a specific means,method,technique,sequence or
procedure of construction which is shown or Indicated in and expressly required by the Contract Documents,
' CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work,at all times during its progress, a competent resident
superintendent,who shall not be replaced without written notice to OWNER and PROFESSIONAL except
' under extraordinary circumstances.The superintendent will be CONTRACTOR's representative at the site and
shall have authority to act on behalf of CONTRACTOR.All communications to the superintendent shali be as
binding as if given to CONTRACTOR.
' Labor,Materials and Equipment:
6.3, CONTRACTOR shall provide competent,suitably qualified personnel to survey andlay out the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the sits.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 NER'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
1
E
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' Substitutes or"Or-Equal"items:
6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier,the naming of the item is Intended to
' establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is permitted,materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material
' or equipment proposed is equivalent or equal to that named.The procedure for review by PROFESSIONAL
will include the following as supplemented in the General Requirements. Requests for review of substitute
items of material and equipment will not be accepted by PROFESSIONAL from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,
' CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof,certifying that the
proposed substitute will perform adequately the functions and achieve the results called for by the general
design,be similar and of equal substance to that specified and be suited to the same use as that specified.
The application will state that the evaluation and acceptance of the proposed substitute will not prejudice
' CONTRACTOR's achievement of Substantial Completion on time,whether or not acceptance of the substitute
for use in the Work will require a change in any of the Contract Documents(or in the provisions of any other
direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and
whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any
license fee or royalty. All variations of the proposed substitute from that specified will be identified in the
application and available maintenance,repair and replacement service will be indicated.The application will
also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such
substitute, including costs of redesign and claims of other contractors affected by the resulting change,all of
' t 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.
I6,7.2: If a specific means,method,technique,sequence or procedure of construction is indicated in
or required by the Contract Documents,CONTRACTOR may furnish or utilize a substitute means,method,
sequence,technique or procedure of construction acceptable to PROFESSIONAL if CONTRACTOR submits
sufficient information to allow PROFESSIONAL to determine that the substitute proposed Is equivalent to that
indicated or required by the Contract Documents.The procedure for review by PROFESSIONAL will be similar
to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen-
eral Requirements.
6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed
substitute.PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered,Installed
or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change
Order or an approved Shop Drawing.OWNER may require CONTRACTOR to furnish,at CONTRACTOR's
expense,a special performance guarantee or other surety with respect to any substitute.PROFESSIONAL will
record time required by PROFESSIONAL and PROFESSIONAL's consultants In evaluating substitutions
proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby.
Whether or not PROFESSIONAL accepts a proposed substitute,CONTRACTOR shall reimburse OWNER for
the charges 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
1
1
r . , .e r.
I
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.16.01
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 byfailing to make
written objection thereto by the date indicated for acceptance or objection in the bidding documents or the
Contract Documents)of any such Subcontractor,Supplier or other person or organization so Identified may be
revoked on the basis of reasonable objection after due investigation, In which case CONTRACTOR shall
submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost
occasioned by such substitution and an appropriate Change Order will be Issued or Written Amendment
signed.No acceptance by OWNER or PROFESSIONAL of any such Subcontractor,Supplier or other person
or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work.
' 6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions of the Subcontractors,Suppliers and other persons and organizations performing or furnishing any
of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR Is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual
' relationship between OWNER or PROFESSIONAL and any such Subcontractor,Supplier or other person or
organization,nor shall it create any obligation on the part of OWNER or PROFESSIONAL to pay or to see to
the payment of any moneys due any such Subcontractor,Supplier or other person or organization except as
may otherwise;be required by Laws and Regulations.
' 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the.Subcontractor which specifically binds the Subcontractor to the
' applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL
and contains waiver provisions as required by paragraph 5.11.CONTRACTOR shall pay each Subcontractor a
just share of any insurance moneys received by CONTRACTOR on account of losses under policies Issued
pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
' 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation In the Work of any invention,design,process,product or
device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and
hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them
' from and against all claims,damages,losses and expenses including attorneys'fees and court and arbitration
costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of
the Work or resulting from the incorporation in the Work of any invention,design, process,;product or device
not specified in the Contract Documents, and shall defend all such claims in connection with any alleged
infringement of such rights.
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.
GC-18
1
r
1
I Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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
1 easements.CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
other materials or equipment.Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is
' solely at the risk of CONTRACTOR, CONTRACTOR shall assume full responsibility for any dam=•= 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.
i
GC-19
1
If ..
c. •• .,- ,. - .. . .1
I Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded In any manner
I
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:
I 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
I 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:
I6.20. 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
I
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
I thereby;
6.20.2. all the Work and materials and equipment to be incorporated therein,whether in storage on or
III 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
Ireplacement 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
I
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 arid replacement of their property.
I All damage, Injury or loss to any property referred to in paragraph 6 20.2 or 6.20.3 caus , 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
I 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
I
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).
I 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.
I
_J, GC-20
I
I
' Fort Gordon Administration Building Expansion 01/2017
ILA Project No. 3042.1601
Emergencies:
6:22. In emergencies affecting the safety or protection of persons or the Work or property at the she
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.
8.22.2. 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.
IShop Drawings and Samples:
6.23. After checking and verifying all field measurements,CONTRACTOR shall promptly submit to
I 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.
624.2. Before submission of each Shop Drawing or sample,CONTRACTOR shall have determined
and verified all quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or
sample with other Shop Drawings and samples and with the requirements of the Work and the Contract
Documents.
GC-21
1
ar
I
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' 6.24.3. At the time of each submission,CONTRACTOR shall give PROFESSIONAL specific written
notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents,and, in addition,shall cause a specific notation to be made on each Shop Drawing submitted to
PROFESSIONAL for review and approval of each such variation.
' 6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and
samples,but PROFESSIONAL's review and approval will be only for conformance with the design concept of
the Project and for compliance with the information given in the Contract Documents and shall not extend to
' means, methods, techniques, sequences or procedures of construction(except where a specific means,
method, technique, sequence or procedure of construction is Indicated In or required by the Contract
Documents)or to safety precautions or programs incident thereto.The review and approval of a separate item
as such will not Indicate approval of the assembly In which the item functions.
6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has,
in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the
' OWNER has given written approval to the specific deviation;any such approval by PROFESSIONAL shall not
relieve CONTRACTOR from responsibility for errors or omissions in the submittals.
6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of
shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work
performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole
expense and responsibility of CONTRACTOR.
Continuing the Work:
' 6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may
otherwise agree in writing.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials,rubbish,and
other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the
work,CONTRACTOR shall remove ail 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. M 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,
attorneys and other PROFESSIONALs and court and arbitration costs)arising out of or resulting from the
performance of the Work, provided that any such claim,damage, loss or expense(a)is attributable to bodily
GC-22
1 _ .. .
1 _
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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
1 omission of CONTRACTOR,any Subcontractor,any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,.
regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is Imposed by
Law and Regulations regardless of the negligence of any such party.
1 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
1 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
1 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
1 approval of maps,drawings,opinions, reports,surveys,Change Orders,designs or specifications.
1
1
1
i
1
1
1
1
1
GC-23
1
1
r
i
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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.
I 7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of
other contractor or utility OWNER(or OWNERCONTRACTOR shall inspect and promptly report to
PROFESSIONAL in writtn delays,any 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
111
1
I
I Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
ARTICLE 8--OWNER'S RESPONSIBILITIES
' 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all
communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such
appointment shall be subject to arbitration.
' 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and
14.13.
1 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 41 and 4.d. 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.
1 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.
1
GC-25
1
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
ARTICLE 9--PROFESSIONAL'S STATUS DURING
CONSTRUCTION
OWNER'S Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period,The duties and
responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and PROFESSIONAL.
Visits to Site:
' 9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of
construction to observe the premises and quality of the executed Work and to determine, in general, if the
Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
' PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that
the completed Work will conform to the Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design PROFESSIONAL,PROFESSIONAL will keep OWNER
' informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in
the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project
Representative to assist PROFESSIONAL in observing the performance of the Work. The duties,
' responsibilities and limitations of authority of any such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions.If OWNER designates another agent to represent OWNER at
the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of
authority of such other person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR,which shall be consistent with or reasonably inferable from the overall intent of
the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to
an increase in the Contract Price and/or Contract Time,CONTRACTOR may make a claim as provided for in
Articles 11 or 12.
' Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the
' Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order
and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly.If
CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the
' 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
1
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' 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.
' and 12. 9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders,see Articles 10, 11
' 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 14.18)will be a condition
precedent to any exercise byOWNER or CONTRACTOR of such rights or remedies as,either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any such claim,dispute or other
' matter.
GC-27
1
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' 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.
1
1
i
1
1
1
1
GC-28
•
1
i
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' ARTICLE 10--CHANGES IN THE WORK
10.1.Without invalidating the Contract,OWNER may at any time or from time to time order additions,
deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request,
identifying the Work to be added,deleted or revised. Upon receipt,CONTRACTOR shall promptly submit a
written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request
calls only for the deletion of Work,the OWNER may order the partial suspension of any Work related to the
proposed deletion,In which case CONTRACTOR must cease performance as directed;CONTRACTOR shall
' not be entitled to claim lost profits on deleted work. Ali 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 try 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,arid 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.
1
GC-29
1
I .. .
I
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' 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 Maydays 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 8,11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved.No claim for
an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2.
' 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment In the
Contract Price will be determined by the following procedures:
11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and
acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price Items are
approximations prepared by OWNER for bid purposes and that the actual compensation payable to
CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual
quantities of items involved as measured in the field and required to complete the Work as originally defined in
the Contract Documents.
' 11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as
defined In these Contract Documents,is required and affects the quantities required for items designed in the
Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to
CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the
application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item
required to complete the Work as defined in the Contract Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices,OWNER and
CONTRACTOR may establish unit prices as agreed on by Change Order.
11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the
Work is required which results in a change In Work designated in the Bid Proposal as a lump sum item,the
' amount of increase or decrease in the lump sum price shall be established by mutual agreement of the
parties.
11.3.5. If the pricing methods specified in 11.3 are inapplicable,or if the parties are unable to agree on
a price for the changed work,a reasonable price for the same shall be established by OWNER in accordance
with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable
price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the
' Change Order.
GC-30
•
1
1
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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.
' r
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. Ail 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 willbe 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
CONTRACTOR'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,
GC-31
1
I . _ ..
I :
Fort Gordon Administration Building Expansion 01/2017
ILA Project No, 3042.1601
' which are consumed in the performance of the Work,and cost less market value of such items used but not
consumed which remain the property of CONTRACTOR.
11.4.5.3. Rentals of alt 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
I 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 A,1 or specifically covered by paragraph 11.4.4-all of which are to be
considered administrative costs covered by CONTRACTOR's Fee.
I11.5.2. 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
1
,e. .a ..
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' 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 andP rofit 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
for each piece of equipment,material by units of measure and price per unit,other costs specifically itemized,
' plus the overhead and profit markup.
GC-33
1
r
+a
1
I
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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
II 1 82 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.
1
1
' GC-34
1
1
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in
the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER Within seven(7)
' calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be
submitted to PROFESSIONAL and OWNER within fifteen(15)calendar days after such occurrence unless the
OWNER allows additional time.All claims submitted by CONTRACTOR for adjustments to the Contract Time
must set forth in detail the masons for and causes of the delay and dearly 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 compiled with ail
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.
1
1
1
' GC-35
i
•I
1 P
1 • r.
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' 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 begiven 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:
I133. . If the Contract Documents,laws,ordinances,rules,regulations or orders of any public authority
havingjurisdiction require any Work tospecificallyinspected,testedapproved
erl Y P� .o 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. Ail
other inspections,tests or approvals shall be at CONTRACTOR's expense including additional expenses for
inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours
per week. For all required inspections,tests,and approvals on any Work prepared,performed,or assembled
away from the site,CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection,
testing,or approval. All such tests will be In accordance with the methods prescribed by the American Society
' for Testing and Materials or such other applicable organizations as may be required by law or the Contract
Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of
PROFESSIONAL and at CONTRACTOR's expense.
' 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any
public body having Jurisdiction shall be performed by organizations acceptable to OWNER and
CONTRACTOR(or by PROFESSIONAL If so specified).
13.6. If any Work(including the work of others)that is to be inspected,tested or approved is covered
without written concurrence of PROFESSIONAL,it must,if requested by PROFESSIONAL,be uncovered for
observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given
PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not
acted with reasonable promptness in response to such notice.
' GC-36
I
i
I
rFort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or
approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of Its obligations to perform the
Work in accordance with the requirements of the Contract Documents.
Uncovering Work:
13.8. If any Work required to be inspected,tested or approved is covered prior thereto without the
prior written approval of PROFESSIONAL, or If any Work is covered contrary to the request of
PROFESSIONAL,the Work shall,if requested by PROFESSIONAL,be uncovered for observation,inspection,
' testing or approval and replaced at CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
' PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall
uncover,expose or otherwise make available for observation,inspection or testing as PROFESSIONAL may
require, that portion of the Work in question,furnishing all necessary labor, material and equipment. If It is
found that such Work Is defective, CONTRACTOR shall bear all direct and consequential costs of such
' uncovering,exposure,observation,inspection and testing and of satisfactory reconstruction(including but not
butted 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 toexercise 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 Ina written notice from PROFESSIONAL,OWNER may have the deficiency corrected. Ail 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.
GC-37
•
1
I r .
i
IFort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
One Year Correction Period:
I13,12. 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
I 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
I 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.
IAcceptance 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,
I 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,
I 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
I , 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 falls to perform the Work in accordance with the
I 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
I 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
I
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 toI .
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
I 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
I OWNER's rights and remedies hereunder.
GC-38
• tt
I
I
I .4 r
I
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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
end/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%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
r r,.
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule l
14.1of.VaTheues: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
1
r
I
IFort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such
I 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
I
OWNER or OWNER to withhold payment to CONTRACTOR.
14,6. PROFESSIONAL's recommendation of final payment will constitute an additional representation
I
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
I 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:
I14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement.
I
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
I 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.
IOWNER 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
I against the amount recommended, but OWNER must give CONTRACTOR immediate written notice(with a
copy to PROFESSIONAL)stating the reasons for such action.
ISubstantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for its intended use,CONTRACTOR
I 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
I 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
I 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
I GC-41
•
I
I
r
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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.
1
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:
w g.
' 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.
14.102. 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 riot 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
1
r
' Fort Gordon Administration Building Expansion
01/2017
JLA Project No. 3042.1601
CONTRACTOR with respect to security, operation,safety,maintenance,utilities,insurance,warranties and
' guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time
when OWNER takes over such operation(unless they shall have otherwise agreed In writing and so informed
PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work,
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to
' compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
' Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion
' thereof Is complete,PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will
notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work Is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi-
ciencies.
Final Application for Payment:
11114.12. 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
I
1
r
I
I ,
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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 thefinal 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
I CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to
OWNER of the application and accompanying documentation, in appropriate form and substance and with
PROFESSIONAL's recommendation and notice of acceptability,' the amount recommended by
PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR.
14.14. If,through no fault of CONTRACTOR,final completion of the Work is significantly delayed and
if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for
Payment and recommendation of PROFESSIONAL and without terminating the Agreement,make payment of
' the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held
by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and
if bonds have been furnished as required in Article 5,the written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR
' to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
' 14.15. CONTRACTOR"s obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or final
payment by PROFESSIONAL,nor the issuance of a certificate of Substantial Completion,nor
any payment by OWNER to CONTRACTOR under the Contract Documents,nor any use or
occupancy of the Work or any part thereof by OWNER,nor any act of acceptance by OWNER
nor any failure to do so, nor any review and approval of a Shop Drawing or sample
submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to
' paragraph 14.13, nor any correction of defective Work by OWNER will constitute an
acceptance of Work not in accordance with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents
(except as provided in paragraph 14.16).
' GC-44
1
P'
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
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.
1
1
i
1
1
I
GC-45
I
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' 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 wiii 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 chapterofthe 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
1
1
111
Fort Gordon Administration Building Expansion 01/2017
JLA Project No; 3042.1601
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
YJ Y
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
' 16.4, 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 androfit on
P such
Work;
' 15.4.2. For expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims,costs,losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppliers and others;and
' 15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
' arising out of or resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated by OWNER,the termination will
not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter
' accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
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
111
1
r
C . <
' Fort Gordon Administration Building Expansion 01/2017
ILA Project No. 3042.1601
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 ail 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 630 to carry on the Work in accordance with the progress schedule and without
delay during disputes and disagreements with OWNER.
1
1
1
1
GC-48
1
r _
I •. .
I
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' ARTICLE 16—DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both,
or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the
' commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers
pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but
shall state the facts surrounding the claim in sufficient detail to identify the claim,together with its character
' and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not
presented within the time limit specified In this paragraph shall be deemed to have been waived,except that If
the claim is of a continuing character and notice of the claim is not given within ten(10)working days of its
commencement,the claim will be considered only for 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.
1y
1
1
1
1
I
GC-49
•
1
� r.
Ir
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' 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 propebecause of
any error, omission or act of the other party or of any of the other party's employees or agents r 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 632, 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.
' GC-50
•
1
1
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
' provisions of the Georgia Prompt Pay Act,O.C.G,A.Section 13-11-1,et seq. In the event any provision of the
Contract Documents are inconsistent with any provision of the Prompt Pay Act,this provision of the Contract
Documents shall control.
17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and
CONTRACTOR specifically waives any claim to same.
' Substitutions:
17.8. Notwithstanding any provision of these general conditions,there shall be no substitutions of
' materials that are not determined to be equivalent to those indicated or required in the contract documents
without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
' 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to
' waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a list of key personnel with 24-hour cow 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 knowledgeabie 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
Fr1
.
' Fort Gordon Administration Building Expansion
01/2017
JLA Project No. 3042.1601
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.
1 PROGRAM MANAGER:(DELETED)
1
1 1
i
1
1
1
1
GC-52
1
I .d y _ t r. <t . v .. ...
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
I
SECTION SC-0
IINDEX TO SUPPLEMENTARY CONDITIONS
SECTION
I SC-01 Scope of the Work
SC-02 List of Drawings
SC-03 Bonds
I SC-04 Contractor's Liability Insurance
SC-05 Project Sign
SC-06 Protection of the Environment
I SC-07
SC-08 Temporary Toilets
Plans and Specifications Furnished
SC-09 Record Drawings
SC-10 Shop Drawings
I
SC-11 Existing Structures
SC-12 Salvage Material
SC-13 Referenced Specifications
I SC-14
SC-15 Traffic Control
Surveys
SC-16 Construction Order and Schedule
SC-17 Consulting Engineers
I SC-18 Inspection and Testing of Work
SC-19 Site Access
SC-20 Tree Save
I SC-21 Georgia Prompt Pay Act
SC-22 City Acceptance
SC-23 Disputes
l SC-24 Specified Materials
SC-25 Interest Not Earned on Retainage
SC-26 Basis of Payment
SC-27 Compliance with Laws,Codes,Regulations,Etc.
I SC-28 Equivalent Materials
SC-29 After Hours Inspection
SC-30 Supplement to the Agreement
ISC-31 Deletion of Program Manager
I
I
I
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
SECTION SC
SUPPLEMENTARY CONDITIONS
1 -01. SCOPE OF THE WORK:
The project referred to in the Agreement shall consist of the following major elements
Ior portion thereof as outlined in each contract.
The construction and installation of a sanitary trunk line sewer with appurtenances and site improvements.
I -02. LIST OF DRAWINGS:
The following drawings,prepared by The Augusta Utilities Department comprise the plans for the project.
I DATE
SHEET NO. TITLE ORIGINAL REVISED REVISED
G-001 Cover Sheet 11/16
IG-002 Life Safety/Code Analysis 11/16
CG-001 Civil Cover Sheet 11/16
CD-101 Existing Conditions&Demolition Plan 11/16
I
C-101 Layout, Staking&Utility Plan 11/16
C-201 Grading,Drainage&ESPC Plan 11/16
C-401 Construction Details 1 of 2 11/16
C-402 Construction Details 2 of 2 11/16
I A-001 Existing Conditions/Demo Plan 11/16
A-100 Overall Floor Plan 11/16
I
A101 Large Scale Floor Plan 11/16
A-201 Reflected Ceiling Plan/Cabinet Elevation
11/16
A 301 Roof Plan 11/16
A-401 Exterior Elevations 11/16
l
A-501 Building Sections 11/16
A-601 Flashing Details 11/16
S-001 General Notes and Special Inspections 11/16
I
S-101 Foundations and Slab Plan 11/16
S-201 Structural Sections and Details 11/16
P-001 Plumbing Demolition Plan 11/16
P-100 Waste Piping Plan 11/16
I
P-101 Potable Water Piping Plan 11/16
P-200 Plumbing Schedules,Notes and Details 11/16
M-100 HVAC Plan 11/16
I
M-200 HVAC Schedules and Notes 11/16
M-201 HVAC Details 11/16
E-001 Electrical Demolition Plan 11/16
E 002 Lighting Protection Demolition Plan 11/16
I
E-100 Lighting Plan 11/16
E-101 Power and Signal Plan 11/16
E-102 Audio and Visual Plan 11/16
I
E-103 Lightning Protection Plan 11/16
E-200 Electrical.Schedules,Notes and Details 11/16
E-201 Electrical Schedules,Notes and Details 11/16
SC-2
I
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
-03.BONDS:
' The Contractor will include in the lump sum payment for Lump Sum Construction the cost of his performance
and payment bonds.
' -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 TILE 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.Workmen 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.
SC-3
1
r __
f -
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' -08.FLANS 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
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 drawinngs,
' 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 theproject 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 masonryand 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.
SC-4
1
i ,. .• .
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
i -14.TRAFFIC CONTROL:
Traffic control shall conform to the Manual on Uniform Traffic Control Devices(MUTCD)of the Federal
i 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
i 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
employ only Registered Land Surveyors or Registered Professional Engineer to perform all detail surveys..
i 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 loss or
disturbance.
1
-16.CONSTRUCTION ORDER AND SCHEDULE:
iA. 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
ifollowing 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.
i (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
ito show the work completed at the date of the payment requested.
D. Progress Schedule Requirements
i (1) Bar Chart Schedule:Erepare 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
i 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
i Substantial Completion date(s). Listings to be identified by Specification section
number.
i SC-5
i
r
I _ ..
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
I (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.
I (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.
U (2) General:
I (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.
I (b) The schedule requirement herein is the minimum required. Contractor may prepare
a more sophisticated schedule if such work will aid Contractor in execution and
timely completion of work.
(c) Base schedule on standard 5-day work week.
I
(d) When bar chart or network analysis schedules are specified,use Microsoft Project
latest version or a compatible and approved software.
(e) Adjust or confirm schedules on a monthly basis as follows:
I Contractor shall submit to Engineer for acceptance proposed adjustments in the
progress schedule that will not change the contract times (or milestones). Such
adjustments will conform generally to the progress schedule then in effect and
I additionally will comply with any provisions of the General
Requirements applicable thereto.
Proposed adjustments in the progress scheduled that will change the contract times
I
(or milestones)may only be made by Change Order.
Use of float suppression techniques such as preferential sequencing or logic,special
I 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.
I 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.
I -17. CONSULTING ENGINEERS:
I 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, J•• o�Lasc•.• r&Associa es P.C.is,
authorized to represent the Director of Utilities within the limits of the various duties delegated and assigned
I
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.
I 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,
I
SC-6
I
NW
I c _
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' 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
construction documents and that the integrity of the design concept as reflected in the construction documents
' has been implemented and preserved by the construction eontractor(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 thereis 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 may or 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.
SC-7
1
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
IRe-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
I
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
I 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
I Laboratory will be coordinated by the Engineer through his duly authorized inspector.
Allowance for Contractor Testing, see Section 012100 — ALLOWANCE. Where retesting is required
following corrective measures or under other circumstances and allowance has been use,the Contractor shall
Ireimburse the Owner for the cost of additional testing.
-19.SITE ACCESS:.
1 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 only those routes unless written approval is given by the owner.
I -20.TREESAVE:
Prior to beginning grading operations,the Contractor is to notify the Owner and the Engineer so that those
I
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.
I
-21. GEORGIA PROMPT PAY ACT:
This Agreement is intended by the Parties to,and does,supersede any and all provisions of the Georgia
I 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.
I -22. CITY ACCEPTANCE:
Notwithstanding any other obligations of the Contractor, he shall complete the work to the full
I satisfaction of the Augusta Utilities Department and the Engineer. This provision shall not relieve the
Contractor of his responsibilities for guarantees.
I -23.DISPUTES:
All claims,disputes and other matters in question between the Owner and the Contractor arising out of or
I 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,
I
Georgia.
I
r
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
-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 anyprovision of the law to thecontrary,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.
-27. COMPLIANCE WITH LAWS.CODES.REGULATIONS.ETC,:
Supplementing the provision of the G. t r • 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.
1
.^. .r _. ,r. .. . .- ..
I
Iy,.0 Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
I 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
I 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
Icome 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
I 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
I 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.
I3. Occupational Safety&Health Act:
I 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.
- EOUI VALENT MATERIALS:
I28.
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
Iamendment to the contract.
-29. AFTER HOURS INSPECTION:
IIf 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
I 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 are
I
needed to work outside normal business hours,Augusta needs to be notified in advance.
-30.SUPPLEMENT TO THE AGREEMENT
Ia) Defective pricing
To the extent that the pricing provided by CONTRACTOR is erroneous and defective,the parties may,by
Iagreement,correct pricing errors to reflect the intent of the parties.
I
ISC-10
I
''. . . r.
-
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' 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) Prghibit on 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
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.
t) Use of A .ta.,Geortiia 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
SC-11
1
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
I 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
I
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
I 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
Icontractor 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
Icompliance and provide a copy of each such verification to Augusta,Georgia at the time the subcontractor(s)
is retained to perform such physical services.
Ih) Owner Inspections
All contracts shall provide that Augusta,Georgia may,at reasonable times,inspect the part of the plant,place
Iof 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.
I
i) Local Small Business:
I In accordance with Chapter l0B of the AUGUSTA,GA.CODE,Contractor expressly agrees 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.The requirements of
I the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with
AUGUSTA, GA. CODE § 1-10-129(d) (7), for all contracts where a local small business goal has been
established,the contractor is required to provide local small business utilization reports. Contractor shall
I report to Augusta, Georgia the total dollars paid to each local small business on each contract, and 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
I opportunities,and shall be submitted 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 and/or collecting
Iliquidated damages.
I -31.DELETION OF PROGRAM MANAGER: Remove Section 17.10 Program Manager from the
General Conditions.
I
I SC-12
mw
IFort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
SPECIAL CONDITIONS
I SPC-1. Work Schedule: Work on Sundays is not permitted. Work may occur between 7 a.m. and 7 p.m.
Monday through Friday. Work outside of these specified hours on weekdays and on Saturday may
occur with at least 48 hours notice to and with approval from the City of Augusta.and within the con-
straints set forth in the following paragraph SPC-2, "Noise Restrictions". The additional cost of I Au-
gusta Utility Dept inspection time to the Contractor for work performed outside the 7 a.m. to 7 p.m.
weekday time period shall be based on 50%of the approved time times$80.00 per hour. No separate
payment shall be made for this cost other than within the Lump Sum Price.
ISPC-2. Noise Restrictions: See appended Noise Provisions of the Code(2 pages).
I
I
I
I
I
I
I
I
I
I
I
I
.�
1
I
s! ..
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042-1601
SPECIAL CONDITIONS
APPENDIX
' 1. Noise provisions of Code(2 Pages)
1
1
1
1
1
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' Noise Provisions of the Code(2 Pages):
§ 3-6-1.REGULATED.
' It shall be unlawful for any person to make,continue or cause to be made or continued or
permit to be made, continued or caused any loud, unnecessary or unusual noise or any noise
which either annoys,disturbs, injures or endangers the comfort,repose,health,peace or safety of
' others in Augusta-Richmond County.
§ 3-6-2.PROHIBITED NOISES ENUMERATED.
The following acts are declared to be loud,disturbing and unnecessary noises in violation
of this chapter, but this enumeration shall not be deemed to be exclusive: (a) Horns, signaling
devices. The sounding of any horn or signaling device on any automobile, motorcycle or other
vehicle on any street or public place in Augusta-Richmond County except as a danger warning;
the creation of any unreasonable loud or harsh sound by means of any signaling device and the
sounding of any device for any unnecessary and unreasonable period of time; the use of any
signaling device except one operated by hand or electricity; the use of any horn, whistle or other
' device operated by engine exhaust and the use of any signaling device when traffic is for any
reason held up.(b)Radios,phonographs,similar devices.The using, operating or permitting to be
played, used or operated of any radio receiving set, musical instrument, phonograph or other
machine or device for the producing or reproducing of sound in a manner as to disturb the peace,
' quiet and comfort of the neighboring inhabitants or at any time with a volume louder than
necessary for the convenient hearing of the person who is in the room vehicle or chamber, in
which the machine or device is operated, and who is a voluntary listener thereto.The operation of
any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00
a.m. in a manner as to be plainly audible at a distance of fifty (50) feet from the building,
structure or vehicle in which it is located shall be a prima facie evidence of a violation of this
' section. (c) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be
played, used or operated, of any radio receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing or reproducing of
sound which is cast upon the public streets for the purpose of commercial advertising or attracting
' the attention of the public to any building or structure. Announcements over loudspeakers can
only be made by the announcer in person and without the aid of any mechanical device. (d)
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets,
' particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy
or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of
residence, or of any persons in the vicinity. (e)Animals,birds. The keeping of any animal or bird
' which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any
persons in the vicinity. (f) Steam whistles. The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or
danger or upon request of proper county authorities. (g) Exhausts.The discharge into the open air
' of the exhaust of any steam engine, stationary internal-combustion engine or motorboat except
through a muffler or other device which will effectively prevent loud or explosive noises
therefrom. (h)Defect in vehicle or load. The use of any automobile,motorcycle or vehicle so out
' of repair, so loaded or in a manner as to create loud and unnecessary grating, grinding,rattling or
other noise. (i)Loading, unloading, opening boxes. The creation of a loud and excessive noise in
connection with loading or unloading any vehicle or the opening and destruction of bales, boxes,
' crates and containers. (j)Construction or repair of buildings. The erection(including excavation),
demolition, alteration or repair of any building, as well as the operation of any pile driver, steam
shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment
attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 10:00 p.m. on
1
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
weekdays; however, the inspections and permits department shall have the authority, upon
determining that the loss or inconvenience which would result to any party in interest would be
extraordinary and of such nature as to warrant special consideration,to grant a permit for a period
not to exceed ten(10) days within which time such work and operation may take place within the
hours of 10:00 p.m. to 7:00 a.m. (k) Schools,courts,places of worship,hospitals.The creation of
any excessive noise on any street adjacent to any school, institution of learning,place of worship
' or court while in use, or adjacent to any hospital which unreasonably interferes with the normal
operation of that institution,or which disturbs or unduly annoys patients in the hospital,provided
that conspicuous signs are displayed in those streets indicating a school,hospital or court street.
' (1)Hawkers,peddlers, vendors. The shouting and crying of peddlers,hawkers and vendors which
disturb the peace and quiet of the neighborhood. (m) Noise to attract attention. The use of any
drum or other instrument or device for the purpose of attracting attention by creation of noise to
' any performance, show or sale. (n) Transportation of metal rails or similar materials. The
transportation of rails,pillars or columns of iron,steel or other material over and along streets and
other public places so as to cause loud noises or as to disturb the peace and quiet of those streets
or other public places. (o) Blowers. The operation of any noise-creating blower or power fan or
' any internal-combustion engine, the operation of which causes noise due to the explosion of
operating gases or fluids, unless the noise from the blower ar fan is muffled and the engine is
equipped with a muffler device sufficient to deaden the noise. (p) Sound trucks. The use of
mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for
advertising or other commercial purposes. The use of sound trucks for noncommercial purposes
during hours and in places and with volume as would constitute this use as a public nuisance
provided, that the provisions of this section shall not apply to or be enforced against: (1) Any
' vehicle of Augusta-Richmond County while engaged in necessary public business; (2)
Excavations or repairs of streets by or on behalf of Augusta Richmond County or the state at
night when the public welfare and convenience renders it impossible to perform such work during
the day,or (3)The reasonable use of amplifiers or loudspeakers in the course of public addresses
which are noncommercial in character.
' § 3-6-3.HOSPITAL ZONES.
There shall be within Augusta-Richmond County what shall be known as hospital zones
around such hospitals or sanitariums as may be in existence or that may be established. Within
' these zones, no unnecessary noises of any kind shall be allowed. These zones shall extend two
hundred fifty (250) yards in every direction from any such hospital or sanitarium. The
approaches to said zones shall have necessary signs in such localities as to enable everyone to see
them. Persons violating this section shall be punished as provided in§ 1-6-1 of this Code.
' § 3-6-4.PENALTY FOR VIOLATION OF CHAPTER.
Any person or persons failing to comply with the lawful provisions of this chapter or any
act prohibited by this chapter or failing to do any act mandated by this chapter shall be guilty of
an offense, and upon trial as a misdemeanor and conviction, shall be punished by a fine in an
amount not to exceed one thousand dollars ($1000.00) and/or imprisonment in the county jail for
a period not to
' End of Applicable Portion of Noise Regulation
2
I
APPLICATION FOR PAYMENT NO.
ITo:
(OWNER)
From: (CONTRACTOR)
I
Contract:
Project:
I OWNER's Contract No. ENGINEER's Project No.
For Work accomplished through the date of:
1 1. Original Contract Price: $
2. Net change by Change Orders and Written Amendments(+or-): $
I 3. Current Contract Price(1 plus 2): $
4. Total completed and stored to date: $
5. Retainage(per Agreement):
I %of completed Work: $
%of stored material: $
ITotal Retainage: $
6. Total completed and stored to date less retainage(4 minus 5): $
7. Less previous Application for Payments: $
I8. DUE THIS APPLICATION(6 MINUS 7): $
Accompanying Documentation:
CONTRACTOR'S Certification:
I The undersigned CONTRACTOR certifies that(1) all previous progress payments received from OWNER on account of Work done
under the Contract referred to above have been applied on account to discharge CONTRACTOR'S legitimate obligations incurred in
connection with Work covered by prior Applications for Payment numbered 1 through inclusive;(2)title of all Work,materials
and equipment incorporated in said Work or otherwise listed in or covered by tins Application for Payment will pass to OWNER at time
I of payment free and clear of all Liens,security intcsests and encumbrances(except such as are covered by a Bond acceptable to OWNER
indemnifying OWNER against arty such Lien, security interest or encumbrance), and (3) all Work covered by this Application for
Payment is in accordance with the Contract Documents and not defective.
I
Dated
CONTRACTOR
By:
I State of
County of
Subscribed and sworn to before me this day of ,
INotary Public
My Commission expires:
IPayment of the above AMOUNT DUE THIS APPLICATION is recommended.
I Dated
ENGINEER
By:
I
r
APPLICATION FOR PAYMENT
I
INSTRUCTIONS
A. GENERAL INFORMATION
' The sample form of Schedule of Values is intended as a guide only. Many projects require a more
extensive form with space for numerous items, descriptions of Change Orders, identification of variable
quantity adjustments, summary of materials and equipment stored at the site and other information. It is
' expected that a separate form will be developed by Engineer and Contractor at the time Contractor's
Schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract
permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to
' Article 14 of the General Conditions for provisions concerning payments to Contractor.
B. COMPLETING THE FORM
' The Schedule of Values, submitted and approved as provided in paragraphs 2.05.B.3 and 2.07 of the
General Conditions, should be reproduced as appropriate in the space indicated on the Application for
Payment form. Note that the cost of materials and equipment is often listed separately from the cost of
' installation. Also,note that each Unit Price is deemed to include Contractor's overhead and profit.
All Change Orders affecting the Contract Price should be identified and included in the Schedule of
Values as required for progress payments.
The form is suitable for use in the Final Application for Payment as well as for Progress Payments;
' however, the required accompanying documentation is usually more extensive for final payment. All
accompanying documentation should be identified in the space provided on the form.
C. LEGAL REVIEW
All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an
attorney,and Engineer should so advise Owner.
1
1
r -
I
1
o
0 .
4 4
I
rd O
I 6 4
e
i
o
�
1 v
*I O
Qa
6.3 6
I >. A
:9.'
-
0,Ls . ,,,,'1
.
uz3 ffi
I E
..I
. O
1WI
a
A �
1
i ao
H
Q'
I w
I U44
g E
m
0
1 e
z
ti
IO
o
G7)
1 •:?:C NiM 4 V7 ‘,c; ( o0 01 O Ni c*-, rt kr; �C N oo ci C
t".-1 .-+ N M V Vl �D C� 00 O. .-. . ,.-+ N N N N N N N N N N r
I
CERTIFICATE OF SUBSTANTIAL COMPLETION
1
DATE OF ISSUANCE
OWNER Augusta Utilities Department
' CONTRACTOR Larry Pittman&Associates, Inc.
Contract:
Project: Fort Gordon/Augusta Utilities Administration Building Expansion Project
' OWNER's Contract No. 17-170 ENGINEER's Project No. 17-170
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
' To Augusta Utilities Department
OWNER
And To Larry Pittman&Associates,Inc.
CONTRACTOR
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in
accordance with the Contract Documents on
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list shall
be completed or corrected by CONTRACTOR within days of the above date of Substantial
' Completion.
FJCDC No.1910-8-D1996
( Edition)
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,maintenance,
heat,utilities, insurance and warranties and guarantees shall be as follows:
' OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
[For items to be attached see definition of Substantial Completion as supplemented and other
' specifically noted conditions precedent to achieving Substantial Completion as required by Contract
Documents.]
' This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with
the Contract Documents.
' Executed by ENGINEER on
Date
Johnson, Laschober&Associates,P.C.
ENGINEER
By:
' (Authorized Signature)
CONTRACTOR accepts this Certificate of Substantial Completion on
Date
' Larry Pittman&Associates, Inc.
CONTRACTOR
1 By:
(Authorized Signature)
' OWNER accepts this Certificate of Substantial Completion on
Date
Augusta Utilities Department
OWNER
By:
(Authorized Signature)
EJCDC No.1910-8-D (1996 Edition)
I
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' SECTION 011000-SUMMARY
PART 1 -GENERAL
' 1.1 WORK COVERED BY CONTRACT DOCUMENTS •
A. Fort Gordon Administration Building Expansion;Project No.FG_2016-014
' 1. Project Location: Project side is on the south side of Dorsey Drive approximately 3,700
LF southeast of Chamberlain Ave, (from Chamberlain Ave. southeast along Boardman
Lake Road approximately 2,300 LF and east along Dorsey Drive approximately 1,400
' LF)in Fort Gordon,GA.
2. Owner: Augusta-Richmond County Commission
Engineer Identification: The Contract Documents, dated January 11, 2017, were prepared for
Project by: Johnson,Laschober and Associates,P.C., 1296 Broad Street,Augusta,GA 30901
B. The Work consists of constructing Fort Gordon Administration Building Expansion involving
construction of a building expansion to the existing administration building, approximate 2,200
SF. The building addition will include two new offices, plan room, supply closet, and
expansion of the break/training room and men's locker room, building utilities, covered patio
and site improvements involving approximately one-half acre.
1.2 CONTRACT
A. Project will be constructed under a general construction contract.
' 1.3 WORK RESTRICTIONS
A. General: The existing Administration Building shall remain accessible and in operation by the
' Owner.
1. The Contractor shall have use of the premises for equipment, laydown and staging in the
crushed stone paved portions of the site from the rear building line to the south fence line
' and from the east building line to Dorsey Drive. The Contractor shall access the site
from Dorsey Road east of the building. The Owner shall maintain full use of the paved
areas of the site.
' 2. The existing building will remain in use during construction. The Contractor shall
coordinate any required interruptions with the Owner a minimum of a week in advance.
Necessary interruptions shall be minimized. A temporary walled barrier shall be installed
and maintained to provide closure to the existing building envelope to control intrusion of
' construction dust and that allows the building's existing HVAC system to maintain a
controlled environment.
1 1.4 SPECIFICATION FORMATS AND CONVENTIONS
SUMMARY
011000- 1
1
I
t e .t
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
I A. Specification Format: The Specifications are organized into Divisions and Sections using the
CSI/CSC's"MasterFormat"numbering system.
1. Section Identification: The Specifications use section numbers and titles to help cross-
referencing in the Contract Documents. Sections in the Project Manual are in numeric
sequence; however, the sequence is incomplete. Consult the table of contents at the
beginning of the Project Manual to determine numbers and names of sections in the
IContract Documents.
B. Specification Content: The Specifications use certain conventions for the style of language and
I the intended meaning of certain terms, words, and phrases when used in particular situations.
These conventions are as follows:
1. Abbreviated Language: Language used in the Specifications and other Contract
Documents is abbreviated. Words and meanings shall be interpreted as appropriate.
Words implied, but not stated, shall be inferred as the sense requires. Singular words
shall be interpreted as plural, and plural words shall be interpreted as singular where
Iapplicable as the context of the Contract Documents indicates.
I 2. Imperative mood and streamlined language are generally used in the Specifications.
Requirements expressed in the imperative mood are to be performed by Contractor.
Occasionally, the indicative or subjunctive mood may be used in the Section Text for
clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by
others when so noted.
I
a. The words "shall," "shall be," or "shall comply with," depending on the context,
are implied where a colon(:)is used within a sentence or phrase.
PART 2 -PRODUCTS (Not Used)
I
PART 3 -EXECUTION(Not Used)
I
1
END OF SECTION 0 1000
I
I
I
I
SUMMARY
011000-2
I
a
' t Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
SECTION 012100-ALLOWANCES
' PART 1 -GENERAL
' 1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
' A. This Section includes administrative and procedural requirements governing allowances.
1. Certain materials and equipment are specified in the Contract Documents by allowances.
' In some cases, these allowances include installation. Allowances have been established
in lieu of additional requirements and to defer selection of actual materials and equipment
to a later date when additional information is available for evaluation. If necessary,
' additional requirements will be issued by Change Order.
B. Types of allowances include the following:
1. ALLOWANCE NO. 1 —Testing by Owner selected testing firms: $3,000.00.
Testing shall include but not be limited subgrade testing and observation of proof-rolling,
' backfill compaction, concrete and grout compressive strength tests.
.3 ALLOWANCES
' A. Use the general contingency allowance only as directed by Engineer for Consulting Engineer's
purposes and only by Change Orders that indicate amounts to be charged to the allowance.
B. Contractor's overhead and profit and related costs for materials and equipment ordered by Owner
under the contingency allowance are included in the aIlowance's referenced unit price items.
These costs include delivery,installation,taxes,insurance, equipment rental,and similar costs.
' C. At Project closeout, credit unused amounts remaining in the contingency allowance to Owner
by Change Order. No credit will be solicited by Owner for unused quantities remaining in the
allowance for re-compaction of existing loose materials.
' D. Related Sections include the following:
1. Division 1 Section "General Requirements" for procedures for submitting and handling
Change Orders.
PART 2-PRODUCTS(Not Used)
PART 3 -EXECUTION
ALLOWANCES 012100- 1
1
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
3.1 SCHEDULE OF ALLOWANCES
A. ALLOWANCE NO. 1 —Testing by Owner selected testing firms. The Contractor will include
' in Contract Sum for Base Bid an allowance of$3,000.00 to include all costs associated with this
allowance item,i.e.,equipment,labor,materials,and taxes.
END OF SECTION 012100
1
1
1
1
1
1
1
r
i
ALLOWANCES 012100-2
i
IFort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
I
SECTION 013000-SUBMITTALS
1
PART 1 -GENERAL
1 1.1 RELATED DOCUMENTS
I A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections,apply to this Section.
I1.2 SUMMARY
A. This Section includes administrative and procedural requirements for submittals required for
I
performance of the Work,including the following:
I
1. Contractor's construction schedule.
I 2. Shop Drawings.
3. Product Data.
I r- B. Administrative Submittals: Refer to other Division 1 Sections and other Contract Documents for
requirements for administrative submittals. Such submittals include,but are not limited to,the
following:
i
I1. Permits.
2. Applications for Payment.
3. Performance and payment bonds.
I 4. Insurance certificates.
5. List of subcontractors.
I1.3 SUBMITTAL PROCEDURES
A. Coordination: Coordinate preparation and processing of submittals with performance of
I construction activities. Transmit each submittal sufficiently in advance of performance of related
construction activities to avoid delay.
I 1. Coordinate each submittal with fabrication,purchasing,testing,delivery,other submittals,
and related activities that require sequential activity.
2. Coordinate transmittal of different types of submittals for related elements of the Work so
I processing will not be delayed by the need to review submittals concurrently for
coordination.
a. The Owner reserves the right to withhold action on a submittal requiring coordination
Iwith other submittals until all related submittals are received.
SUBMITTALS 013000- 1
.4 l•... .) .. I. .i s^.. as ,+ ..
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
3. Processing: To avoid the need to delay installation as a result of the time required to
process submittals, allow sufficient time for submittal review, including time for
I
resubmittals.
a. Allow 10 days for initial review. Allow additional time if the Architect must delay
I processing to permit coordination with subsequent submittals.
b. If an intermediate submittal is necessary,process the same as the initial submittal.
c. Allow 10 days for reprocessing each submittal.
d. No extension of Contract Time will be authorized because of failure to transmit
Isubmittals to the Owner sufficiently in advance of the Work to permit processing.
B. Submittal Preparation: Place a permanent label or title block on each submittal for identification.
IIndicate the name of the entity that prepared each submittal on the label or title block.
1. Provide a space approximately 4 by 5 inches(100 by 125 mm)on the label or beside the
title block on Shop Drawings to record the Contractor's review and approval markings and
I
the action taken.
2. Include the following information on the label for processing and recording action taken.
1
I a. Project name.
b. Date.
c. Name and address of the Owner.
Id. Name and address of the Contractor.
e. Name and address of the subcontractor.
f. Name and address of the supplier.
I g. Name of the manufacturer.
h. Number and title of appropriate Specification Section.
i. Drawing number and detail references,as appropriate.
C. Submittal Transmittal: Package each submittal appropriately for transmittal and handling.
Transmit each submittal from the Contractor to the Owner using a transmittal form. The Architect
will not accept submittals received from sources other than the Contractor.
I1. On the transmittal, record relevant information and requests for data. On the form, or
separate sheet, record deviations from Contract Document requirements, including
variations and limitations. Include Contractor's certification that information complies with
I
Contract Document requirements.
I1.4 CONTRACTOR'S CONSTRUCTION SCHEDULE
A. See Section SC,Index to Supplementary Conditions, SC-16,Construction Order and Schedule.
I
1.5 SHOP DRAWINGS
IA. See Section SC,Index to Supplementary Conditions, SC-10, Shop Drawings.
B. Submit newly prepared information drawn accurately to scale. Highlight,encircle,or otherwise
SUBMITTALS 013000-2
I
' Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
' indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy
standard information as the basis of Shop Drawings. Standard information prepared without
specific reference to the Project is not a Shop Drawing.
' C. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules,
patterns,templates and similar Drawings. Include the following information:
t1. Dimensions.
2. Identification of products and materials included by sheet and detail number.
' 3. Compliance with specified standards.
4. Notation of coordination requirements.
5. Notation of dimensions established by field measurement.
6. Sheet Size: Except for templates,patterns and similar full-size Drawings, submit Shop
Drawings on sheets at least 8-1/2 by 11 inches but no larger than 36 by 48 inches.
' 18.1 Do not use Shop Drawings without an appropriate final stamp indicating action taken.
' 1.6 PRODUCT DATA
A. Collect Product Data into a single submittal for each element of construction or system, Product
' Data includes printed information, such as manufacturer's installation instructions,catalog cuts,
standard color charts, roughing-in diagrams and templates, standard wiring diagrams, and
performance curves.
' 1. Mark each copy to show applicable choices and options. Where printed Product Data
includes information on several products that are not required,mark copies to indicate the
applicable information. Include the following information:
a. Manufacturer's printed recommendations.
b. Compliance with trade association standards.
c. Compliance with recognized testing agency standards.
d. Application of testing agency labels and seals.
e. Notation of dimensions verified by field measurement.
' f. Notation of coordination requirements.
2. Do not submit Product Data until compliance with requirements of the Contract Documents
' has been confirmed.
3. Preliminary Submittal: Submit a preliminary single copy of Product Data where selection
of options is required.
4. Submittals: Submit 3 copies of each required submittal;submit 4 copies where required for
maintenance manuals. The Owner will retain one and will return the other marked with
action taken and corrections or modifications required.
' a. Unless noncompliance with Contract Document provisions is observed,the submittal
may serve as the final submittal.
5. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers,
' manufacturers,fabricators,and others required for performance of construction activities.
Show distribution on transmittal forms.
I
SUBMITTALS 013000-3
1
IFort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
Ia. Do not proceed with installation until a copy of Product Data is in the Installer's
possession.
b. Do not permit use of unmarked copies of Product Data in connection with
Iconstruction.
1.7 QUALITY ASSURANCE SUBMITTALS
I 1
A. Submit quality-control submittals, including design data, certifications, manufacturer's
instructions,manufacturer's field reports,and other quality-control submittals as required under
other Sections of the Specifications.
IB. Certifications: Where other Sections of the Specifications require certification that a product,
material, or.installation complies with specified requirements, submit a notarized certification
Ifrom the manufacturer certifying compliance with specified requirements.
1. Signature: Certification shall be signed by an officer of the manufacturer or other 1
I
individual authorized to sign documents on behalf of the company.
C. Inspection and Test Reports: Submittal of inspection and test reports from independent testing
agencies.
I1.8 OWNER'S ACTION
1
A. Except for submittals for the record or information,where action and return is required,the Owner
Iwill review each submittal,mark to indicate action taken,and return promptly.
1. Compliance with specified characteristics is the Contractor's responsibility.
B. Action Stamp: The Owner will stamp each submittal with a uniform,action stamp. The Owner
will mark the stamp appropriately to indicate the action taken.
IC. Unsolicited Submittals: The Owner will return unsolicited submittals to the sender without action.
PART 2-PRODUCTS (Not Applicable)
IPART 3 -EXECUTION (Not Applicable)
I
END OF SECTION 013000
I
I
I
1
SUBMITTALS 013000-4
I
p
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
SECTION 014000-QUALITY CONTROL
111 PART 1 -GENERAL
' 1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract,including General and Supplementary Conditions
(Section SC-18, Inspections and Testing of Work)and other Division 1 Specification Sections,
apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for quality-control services.
' B. Quality-control services include inspections,tests,and related actions,including reports performed
by Contractor, by independent agencies, and by governing authorities. They do not include
' contract enforcement activities performed by Owner.
C. Inspection and testing services are required to verify compliance with requirements specified or
indicated. These services do not relieve Contractor of responsibility for compliance with Contract
Document requirements.
D. Requirements of this Section relate to customized fabrication and installation procedures, not
' production of standard products.
1. Specific quality-control requirements for individual construction activities are specified in the
Sections that specify those activities. Requirements in those Sections may also cover
production of standard products.
2. Specified inspections, tests, and related actions do not limit Contractor's quality-control
procedures that facilitate compliance with Contract Document requirements.
' 3. Requirements for Contractor to provide quality-control services required by Owner, or
authorities having jurisdiction are not limited by provisions of this Section.
1.3 RESPONSIBILITIES
A. Contractor Responsibilities: Unless otherwise indicated as the responsibility of another identified
' entity, Contractor shall provide inspections, tests, and other quality-control services specified
elsewhere in the Contract Documents and required by authorities having jurisdiction. Costs for
these services are included in the Contract Sum.
1. Where individual Sections specifically indicate that certain inspections, tests, and other
quality-control services are required, the Owner will engage the services of a qualified
' independent testing agency to perform those services. Payment for these services will be
made by the Contractor from the Inspection and Testing Allowance as setup in the Bid Form.
Contractor shall submit the invoice of the Testing Agency with the Monthly Payment request
and Waiver of Lien for the previous month's invoice of the Testing Agency.
QUALITY CONTROL 014000- 1
..
' r Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
B. Retesting: The Contractor is responsible for retesting where results of inspections,tests,or other
quality-control services prove unsatisfactory and indicate noncompliance with Contract Document
' requirements,regardless of whether the original test was Contractor's responsibility.
1. The cost of retesting construction,revised or replaced by the Contractor,is the Contractor's
' responsibility where required tests performed on original construction indicated
noncompliance with Contract Document requirements.
C. Associated Services: Cooperate with agencies performing required inspections,tests,and similar
' services,and provide reasonable auxiliary services as requested. Notify the agency sufficiently in
advance of operations to permit assignment of personnel. Auxiliary services required include,but
are not limited to,the following:
' 1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections and tests.
' 3. Take adequate quantities of representative samples of materials that require testing or assist
the agency in taking samples.
4. Provide facilities for storage and curing of test samples.
5. Provide the agency with a preliminary design mix proposed for use for materials mixes that
' require control by the testing agency.
6. Provide security and protection of samples and test equipment at the Project Site.
D. Duties of the Testing Agency: The independent agency engaged to perform inspections,sampling,
' and testing of materials and construction specified in individual Sections shall cooperate with the
Owner and the Contractor in performance of the agency's duties. The testing agency shall provide
' qualified personnel to perform required inspections and tests.
1. The agency shall notify the Owner and the Contractor promptly of irregularities or
deficiencies observed in the Work during performance of its services.
' 2. The agency is not authorized to release,revoke,alter,or enlarge requirements of the Contract
Documents or approve or accept any portion of the Work.
3. The agency shall not perform any duties of the Contractor.
' E. Coordination: Coordinate the sequence of activities to accommodate required services with a
minimum of delay. Coordinate activities to avoid the necessity of removing and replacing
construction to accommodate inspections and tests.
' 1. The Contractor is responsible for scheduling times for inspections,tests,taking samples,and
similar activities.
1.4 SUBMITTALS
' A. The independent testing agency shall submit a certified written report, in duplicate, of each
inspection,test,or similar service to the Owner.
1. Report Data: Written reports of each inspection,test,or similar service include,but are not
limited to,the following:
QUALITY CONTROL 014000-2
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
a. Date of issue.
b. Project title and number.
' c. Name,address,and telephone number of testing agency.
d. Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
If. Designation of the Work and test method.
g. Identification of product and Specification Section.
h. Complete inspection or test data.
i. Test results and an interpretation of test results.
Ii. Ambient conditions at the time of sample taking and testing.
k. Comments or professional opinion on whether inspected or tested Work complies with
Contract Document requirements.
I 1. Name and signature of laboratory inspector.
m. Recommendations on retesting.
IPART 2-PRODUCTS (Not Applicable)
I
PART 3 -EXECUTION
3.1 REPAIR AND PROTECTION
I
A. General: Upon completion of inspection, testing, sample taking and similar services, repair
Idamaged construction and restore substrates and finishes.
B. Protect construction exposed by or for quality-control service activities, and protect repaired
construction.
IC. Repair and protection is Contractor's responsibility,regardless of the assignment of responsibility
for inspection,testing,or similar services.
END OF SECTION 01400
I
I
I
I
QUALITY CONTROL 014000-3
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
St ECTIC3N 017000-CONTRACT CLOSEOUT
' PART 1 -GENERAL
' 1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
' Conditions and other Division 1 Specification Sections,apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for contract closeout including,
but not limited to,the following:
1. Inspection procedures.
2. Project record document submittal.
' 3, Operation and maintenance manual submittal.
4. Submittal of warranties.
5. Final cleaning.
B. Closeout requirements for specific construction activities are included in the appropriate Sections
in Divisions 2 through 16.
1.3 SUBSTANTIAL COMPLETION
l
A. Preliminary Procedures: Before requesting inspection for certification of Substantial Completion,
complete the following. List exceptions in the request.
' 1. In the Application for Payment that coincides with, or first follows, the date Substantial
Completion is claimed,show 100 percent completion for the portion of the Work claimed
as substantially complete.
I 2. Advise the Owner of pending insurance changeover requirements.
3. Submit specific warranties, workmanship bonds, maintenance agreements, final
certifications,and similar documents.
4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to
' services and utilities. Include occupancy permits, operating certificates, and similar
releases.
5. Submit record drawings, maintenance manuals, fmal project photographs, damage or
settlement surveys,property surveys,and similar final record information.
6. Deliver tools, spare parts,extra stock,and similar items.
7. Make final changeover of permanent locks and transmit keys to the Owner. Advise the
' Owner's personnel of changeover in security provisions.
8. Complete startup testing of systems and instruction of the Owner's operation and
maintenance personnel. Discontinue and remove temporary facilities from the site,along
with mockups,construction tools, and similar elements.
N:i2017 BID INFORMATION\17-170 FORT GORDON AUGUSTA UTILITFS ADMINISTRATION BUILDING ALA''Q1-CONTRACT
CLOSEOUT.DOC
Er1
Fort Gordon Administration Building Expansion 01/2017
JLA Project No. 3042.1601
B. Inspection Procedures: On receipt of a request for inspection,the OWNER will either proceed
with inspection or advise the Contractor of unfilled requirements. The OWNER will prepare the
' Certificate of Substantial Completion following inspection or advise the Contractor of
construction that must be completed or corrected before the certificate will be issued.
1.4 FINAL ACCEPTANCE
A. Preliminary Procedures: Before requesting final inspection for certification of final acceptance
' and final payment,complete the following. List exceptions in the request.
1. Submit the fmal payment request with releases and supporting documentation not
previously submitted and accepted. Include insurance certificates for products and
completed operations where required.
2. Submit a certified copy of the OWNER's final inspection list of items to be completed or
corrected,endorsed and dated by the OWNER. The certified copy of the list shall state that
each item has been completed or otherwise resolved for acceptance and shall be endorsed
and dated by the OWNER.
3. Submit consent of surety to final payment.
' 4. Complete final cleanup requirements,including touchup painting.
5. Touch up and otherwise repair and restore marred,exposed finishes.
B. Reinspection Procedure: The OWNER will reinspect the Work upon receipt of notice that the
I * Work,including inspection list items from earlier inspections,has been completed.
1. Upon completion of reinspection,the OWNER will prepare a certificate of fmal acceptance.
' If the Work is incomplete, the OWNER will advise the Contractor of Work that is
incomplete or of obligations that have not been fulfilled but are required for final
acceptance.
1
PART 2 -PRODUCTS (Not Applicable)
PART 3—EXECUTION (Not Applicable)
END OF SECTION 017000
CONTRACT CLOSEOUT 017000-2
i