AU_SC UH Animation Lab 95_ Spec.pdf

Project Manual For

AU-SC UH Animation Lab

Augusta University Contract Documents

Project # 25-117-UH

2KM #25-11.03

March 27, 2026

Location:

2500 Walton Way

Augusta, Georgia 30904

Construction Set

A Unit of

The Board of Regents of the University System of Georgia

2KM Architects, Inc.

529 Greene Street Augusta, GA 30901

03/27/2026

It is the policy of the State of Georgia that minority business enterprises shall have the maximum opportunity to participate in the State purchasing process. Therefore, the State of Georgia encourages all minority businesses to compete for, win, and receive contracts for goods, services, and construction.

Also, the State encourages all companies to sub-contract to minority business enterprises.

For additional assistance, write or call the University Purchasing Office of Augusta University at the address and telephone number listed below, Monday through Friday between the hours of 8:00 a.m.

and 4:30 p.m.

Augusta University

University Purchasing – HSB

1499 Walton Way

Augusta, GA 30901

Telephone: (706) 721-4582

2KM # 2025-11.03

AU-SC UH ANIMATION LAB

AUGUSTA UNIVERSITY

TABLE OF CONTENTS

Section Title Pages

TABLE OF CONTENTS Page - 1

Cover Project Manual Title Sheet Cover

Consultants Stamp Sheet (Not Used)

Contents Table of Contents 1 – 3

CM Construction Contract Contents

Summary Executive Summary of Contents 1 – 3

Basic Tenets of Contract

Contract CM/GC Form of Contract 1 – 4

General Requirements

Table of Contents 1 – 6

General Requirements 1 – 98

Forms 1 – 17

Exhibits 1 – 30

Supplementary General Requirements 1

Section F Special Conditions F1 – F9

F-1 Form 1

Attachment A – Request for Prior Approval 1

Attachment B – Statewide Sexual Harassment Policy 1 – 7

- Contractor Acknowledgement of Policy 1

Attachment C – Tax Compliance Form 1

Attachment D – Interim Waiver and Release Upon Payment – Contractor 1

Attachment E – Waiver and Release Upon Final Payment – Contractor 1

Attachment F – Interim Waiver and Release Upon Payment – Sub-Contractor 1

Attachment G – Waiver and Release Upon Final Payment – Sub-Contractor 1

DIVISION 1 GENERAL REQUIREMENTS

01 21 00 Allowances 1

01 33 00 Submittals 1 – 3

01 40 00 Quality Requirements 1 – 6

01 41 13 Codes 1

01 42 13 Abbreviations & Acronyms 1 – 3

01 50 00 Temporary Facilities and Controls 1 – 3

01 70 00 Execution and Closeout Requirements 1 – 4

01 74 00 Cleaning and Waste Management 1

01 77 00 Closeout Procedures 1 – 3

DIVISION 2 EXISTING CONDITIONS

02 41 19 Select Building Demolition 1 – 4

DIVISION 3 CONCRETE (Not Used)

DIVISION 4 MASONRY (Not Used)

DIVISION 5 METALS

05 40 00 Cold Formed Metal Framing 1 – 6

DIVISION 6 WOOD, PLASTICS AND COMPOSITES

06 10 00 Rough Carpentry 1 – 4

AUGUSTA UNIVERSITY

TABLE OF CONTENTS

Section Title Pages

TABLE OF CONTENTS Page - 2

DIVISION 7 THERMAL & MOISTURE PROTECTION

07 21 00 Thermal & Acoustic Insulation 1 – 3

07 92 00 Joint Sealants & Gasketing 1 – 8

DIVISION 8 OPENINGS

08 11 13 Hollow Metal Doors and Frames 1 – 5

08 14 16 Flush Wood Doors 1 – 3

08 71 00 Door Hardware 1 – 7

DIVISION 9 FINISHES

09 05 16 Subsurface Preparation for Floor Finishes 1 – 5

09 25 00 Noise-Reducing Gypsum Board 1 – 5

09 51 23 Acoustical Tile Ceilings 1 – 6

09 65 13 Resilient Transitions 1 – 2

09 68 13 Tile Carpeting 1 – 3

09 84 36 Sound Absorbing Wall Units 1 – 3

09 91 00 Painting 1 – 8

DIVISION 10 SPECIALTIES

10 42 50 Tactile Signs 1 – 15

DIVISION 11 EQUIPMENT (Not Used)

DIVISION 12 FURNISHINGS (Not Used)

DIVISION 13 SPECIAL CONSTRUCTION (Not Used)

DIVISION 21 FIRE SUPPRESSION See Dwgs.

DIVISION 22 PLUMBING (Not Used)

DIVISION 23 MECHANICAL See Dwgs.

DIVISION 26 ELECTRICAL See Dwgs.

DIVISION 27 COMMUNICATIONS (Not Used)

DIVISION 28 ELECTRONIC SAFETY & SECURITY (Not Used)

TABLE OF CONTENTS

Section Title Pages

TABLE OF CONTENTS Page - 3

DRAWINGS:

G0.1 INDEX

G0.2 EGRESS PLAN AND CODE ANALYSIS

ARCHITECTURAL:

A0.1 DEMOLITION AND CONSTR. SAFEGUARDING PLAN

A1.1 FLOOR PLAN

A1.2 REFLECTED CEILING/ELEVATIONS

A1.3 EQUIPMENT AND FURNITURE PLAN

FIRE PROTECTION:

FP1.1 FIRE PROTECTION

MECHANICAL:

M0.1 HVAC PLANS

M1.1 HVAC SCHEDULES, FMS SUMMARY, DETAILS, NOTES, AND LEGEND

M2.1 HVAC SPECIFICIATIONS

ELECTRICAL:

E1.0 LEGEND, NOTES, DETAILS, SCHEDULE AND SPECS

E1.1 ELECTRICAL SPECIFICATIONS

E2.1 ELECTRICAL DEMOLITION AND LIGHTING PLAN

E3.1 ELECTRICAL POWER PLAN

E4.1 MECHANICAL POWER AND SYSTEMS PLAN

E5.1 ELECTRICAL DETAILS

CM/GC Contract PROJECT NO. 25-117-UH; 2KM #25-11.03 V. May, 2025

CONSTRUCTION MANAGEMENT

AGREEMENT

(CM/GC)

BETWEEN

LEGAL CM FIRM NAME

(CM/GC)

AND

BOARD OF REGENTS OF THE

UNIVERSITY SYSTEM OF GEORGIA

(OWNER)

For the Use and Benefit of:

USING AGENCY (INSTITUTION)

2500 Walton Way Augusta, GA 30904

PROJECT NO. 25-117-UH; 2KM #25-11.03 AU-SC UH ANIMATION LAB

INCLUDES:

Executive Summary of Contents Preface Basic Tenets of Contract Preface CM/GC Form of Contract Contract 1 to 4 General Requirements Table of Contents GR i to vi General Requirements GR 1 to 98 Forms Forms 1 to 17 Exhibits Exhibits 1 to 30 Supplementary General Requirements

Preface

EXECUTIVE SUMMARY OF CONTENTS

Basic Tenets of the Contract

This Contract implements the “construction management” or “CM/GC” project delivery method as described in The Regents’ Guidance. The usual method of procurement is by solicitation of competitive sealed proposals, although other procurement methods may be utilized, as permitted by law.

The CM/GC is under contract to supply both preconstruction services and construction services to complete the project and place the Owner in occupancy of the project in a “turnkey” fashion. The Owner contracts with the Design Professional separately from the CM/GC using the Design Professional Contract for CM/GC. The design and construction progress in a coordinated fashion using one or more Component Change Orders to direct construction of a Component package (such as site work, foundations, etc.) while the design progresses toward complete Construction Documents. Once either a Guaranteed Maximum Price (GMP) or a Lump Sum Price is agreed between the Owner and the CM/GC, the CM/GC is “at risk” for project price, project schedule, and completion of all construction as set forth in the Contract Documents. The CM/GC holds all trade contracts and trade supplier contracts.

Often, the Owner will designate a Program Manager to assist the Owner in administering the Project. The Program Manager does not take on any of the responsibilities of either the Design Professional or the CM/GC. The Program Manager acts for the Owner to discharge the Owner’s obligations to the Project and coordinates the interaction of the Project Team.

The Program Manager’s agreement is independently drafted to meet the particular management needs of the Project. The Request for Proposals should identify whether a Program Manager will be utilized for the Project.

The pricing and financial structure for this CM/GC Contract is the “cost-plus” method, with a fixed dollar cap on the total price of the contract (the GMP), and certain other contingencies. The sole basis for the “plus” portion of the Contract is the CM/GC’s Fee, which is defined as the CM/GC’s “gross profit” as set forth in Section 4, Part 1, Compensation. The sole basis for “cost” throughout this Contract is Actual Cost, as defined in Section 4, Part 4. In addition to the GMP, there are total cost limitations imposed on Actual Costs allowed for preconstruction, construction overhead, salary and labor costs, both as to type of cost and allowable amounts. Actual cost is the only basis for payments to the CM/GC under this Contract, unless a Lump Sum Price is agreed between the Owner and CM/GC.

There is one contingency fund under the GMP. It is the “Construction Contingency,” which is largely under the control of the CM/GC pursuant to the terms of this Contract, and subject to Owner’s approval that will be “not be unreasonably withheld.” The CM/GC’s construction contingency is eliminated if the Owner and CM/GC agree to a Lump Sum Price for the project, upon which the CM/GC is then paid based upon an agreed upon schedule of values for the remainder of the Project.

Preface

EXECUTIVE SUMMARY OF CONTENTS

CM/GC FORM OF AGREEMENT

GENERAL REQUIREMENTS

SECTION 1 – GENERAL

Part 1 – General Provisions Part 2 – CM/GC’s General Responsibilities and Duties Part 3 – Owner’s Responsibilities and Rights Part 4 – Protection Of Persons And Property Part 5 – Bonds, Indemnity and Insurance Part 6 – Hazardous Conditions And Materials Part 7 – Miscellaneous Provisions

SECTION 2 – PRECONSTRUCTION PHASE

Part 1 – Preconstruction Phase Services Part 2 – Construction Documents and Site Preparation

SECTION 3 – CONSTRUCTION PHASE

Part 1 – Construction Services Part 2 – Component Change Orders Part 3 – GMP Change Order Part 4 – Changes To The Work Part 5 – Time Part 6 – Correcting the Work; Inspections; Covering And Uncovering Work Part 7 – Trade Contractors; Self-Performance

SECTION 4 – COMPENSATION

Part 1 – General Part 2 – Payment For Preconstruction Phase Services Part 3 – Payment For Construction Phase Services Part 4 – Cost Of The Work Part 5 – Liens

SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES, AND TERMINATION.

Part 1 – Owner’s Right to Suspend Work Part 2 – Contract Adjustments and Disputes Part 3 – Termination

SECTION 6 – PROJECT COMPLETION

Part 1 – Material Completion Part 2 – Final Completion Part 3 – Inspections for Completion of the Work Part 4 – Final Documents Part 5 – Payment for Material Completion and for Final Payment Part 6 – Correction of the Work after Final Completion

SECTION 7 – CONTRACT FORMS

Performance Bond Payment Bond Offsite Stored Materials Agreement Georgia Security and Immigration Compliance Act Affidavit(s) Non-Influence Affidavit Statutory Affidavit Five Year Bond on Roofs and Walls Specimen Certificate of Manufacturer Certificate of Insurance Bond to Discharge Claim Subcontractor Retainage Release Certificate

Preface

EXHIBITS

Exhibit A Using Agency’s Program and Existing Documents Exhibit B Initial Construction Budget Exhibit C Budget Format Exhibit D Monthly Report Format Exhibit E CM/GC’s Proposal Exhibit F Schedule Exhibit G Specimen Component Change Order Exhibit H Specimen GMP Change Order Exhibit I Specimen Change Order Exhibit J Wage Rates and Labor Cost Exhibit K Application for Payment Exhibit L Final Cost Certification Exhibit M Certificate of Material Completion Exhibit N Certificate of Final Completion Exhibit O Georgia-Based Materials and Products Checklist

SUPPLEMENTARY GENERAL REQUIREMENTS

Contract 1

CONSTRUCTION MANAGEMENT CONTRACT

BETWEEN CM/GC AND OWNER

THIS CONSTRUCTION MANAGEMENT CONTRACT (hereinafter the “Contract”) made this Date day of Month, Year

(hereinafter the “Effective Date”), by and between the BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA (hereinafter the “Owner”), for the use and benefit of AUGUSTA UNIVERSITY (hereinafter the “Using Agency” or “Institution”) LEGAL CM

FIRM NAME, (hereinafter the “CM/GC”);

(a) CM/GC’s FEIN or Tax Identification Number:

(b) CM/GC’s Georgia License Type and Number:

(c) CM/GC’s Federal Employment Verification Certification:

The CM/GC is registered with, authorized to use, is using and will continue to use, the federal work authorization program throughout the term of the contract, and holds the following authorization:

User Identification Number:

Date of Authorization: Date

See also certification requirements in General Requirements Paragraph 1.7.1.7 and Section 7, Forms.

WITNESSETH, that the CM/GC and the Owner, for the consideration set forth herein, the adequacy and sufficiency of which is hereby acknowledged by each party, agree as follows:

PROJECT NO. 25-117-UH; 2KM #25-11.03

PROJECT NAME AND DESCRIPTION: AU-SC UH ANIMATION LAB (hereinafter the “Project”).

1. Existing Documents. The Using Agency’s Program and Existing Documents, which the CM/GC has reviewed and taken into consideration in preparing his proposal for fees and general conditions, are set forth on Exhibit A.

2. Notice. Notice in accordance with Section 1.1.5 shall be given to the following addresses:

CM/GC: LEGAL CM Firm Name Physical Address, NO P.O. Boxes City, State Zip

Attention: CM-POC, Title Phone Number: CM-POC Phone Email: CM-POC Email address

OWNER: Board of Regents of the University System of Georgia Attention: Sandra Lynn Neuse, Vice Chancellor for Real Estate & Facilities 270 Washington Street, SW Atlanta, Georgia 30334 Phone Number: 404-962-3155

USING AGENCY (Institution): Augusta University Augusta, Georgia 30912

Attention: Sam Center Phone Number: 706-721-8436 Email: scenter@augusta.edu

DESIGN PROFESSIONAL: 2KM Architects, Inc.

529 Greene Street Augusta, Georgia 30901 Attention: Robert Mauldin, Principal Phone Number: 706-736-3333 Email: rmauldin@2kmarchitects.com

Contract 2

PROGRAM MANAGER: LEGAL PM Firm Name (If Applicable) Physical Address, NO P.O. Boxes City, State Zip

Attention: PM-POC, Title Phone Number: PM-POC Phone Email: PM-POC Email Address

3. Owner’s Representative: All notices sent to the Owner at the above address shall also be sent to the Owner’s Representative. The Owner’s Representative for this project shall be:

OWNER’S REPRESENTATIVE: Board of Regents of the University System of Georgia 270 Washington Street, SW Atlanta, Georgia 30334 Attention: Mr. Samson Oyegunle, Program Manager

Phone Number: 404-962-3160 Email: Samson.Oyegunle@usg.edu

4. GMP Cost Limitation (Total CM/GC Contract Cost Limitation): The maximum amount allowable for the Guaranteed Maximum Price shall in no event exceed the following amount:

AND /100 DOLLARS ($ )

5. CM/GC Fee.

a. Preconstruction Fee: The Preconstruction Fee component of the CM/GC Fee shall in no event exceed the following amount:

b. Construction Fee: The Construction Fee component of the CM/GC Fee shall in no event exceed the following amount:

6. CM/GC Overhead Costs and Expenses: The amount allowable for the CM/GC’s Overhead Costs and Expenses (Preconstruction and Construction COMBINED) shall in no event exceed the following amount:

a. Preconstruction Costs & Expenses: The Preconstruction Costs & Expenses component shall in not event exceed the following amount:

b. Construction Overhead Costs: The Construction Overhead Costs component shall in no event exceed the following amount:

7. The Material Completion and Occupancy Date is .

8. The agreed daily amount for Liquidated Damages is $ per day.

9. Energy Efficiency and Sustainable Construction Act of 2008. This project is not subject to the Energy Efficiency and Sustainable Construction Act of 2008 (“Energy Act”). Projects subject to the Energy Act require commissioning, water-use reduction, and use of not less than 10% of Georgia products. [Strike inapplicable term.]

10. Scope Of Basic Services And The Work. The CM/GC shall perform all of the Basic Services and furnish all of the materials and perform all of the Work described in the Contract Documents and shall do everything required by the Contract Documents.

Contract 3

11. Schedule And Completion. The Work to be performed under the Contract Documents shall be commenced upon execution of this Contract and shall be completed in accordance with the approved Overall Project Schedule not later than 30 days after the Material Completion and Occupancy Date set forth above.

12. The Guaranteed Maximum Price (GMP). A GMP will be established in accordance with Section 3, Part 3 of the General Requirements. The GMP may be replaced by a Lump Sum Price as set forth in Article 3.3.7 of the General Requirements.

13. Payments. Payments on account of the Contract shall be made in accordance with Section 4 of the General Requirements. The Payment for Material Completion shall be made by a check payable jointly to the CM/GC and Surety and shall be mailed to the Surety.

14. Final Payment. Final payment will be made in accordance with Section 6, Part 5 of the General Requirements, provided that all other requirements of the Contract Documents shall have been met in full.

15. The Contract Documents. The Contract Documents include the executed Contract, any Component Construction Documents, the Construction Documents, and all Change Orders as defined in the General Requirements. (See Article 1.1.9).

16. Surety Bonds. The CM/GC shall furnish both a performance bond and a payment bond specified in the General Requirements and shall pay the premiums thereon as a Cost of the Work. The performance bond shall guarantee the full performance of the Contract and Contract Documents.

17. Full Performance. The Owner and the CM/GC hereby agree to the full performance of the Basic Services and the Work, including all the requirements, conditions and stipulations contained in the Contract Documents.

18. Applicable Law. This Contract and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia.

19. No Conflict Of Interest. The CM/GC covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance required under this Contract. The CM/GC further covenants that, in the performance of this Contract, no person having any such interest shall be employed or contracted with.

20. Transactions With State Officials. The parties hereto certify that the provisions of law contained in the Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State as defined in O.C.G.A. Sections 45-10-20 through 45-10-26 have not and will not be violated in any respect in regard to this Contract.

21. No Assignment. This Contract and the proceeds of this Contract may not be assigned nor may the performance thereunder be assigned, without the prior written consent of the Owner.

22. No Waiver. The failure of the Owner at any time to require performance by the CM/GC of any provision hereof, shall in no way affect the right of the Owner thereafter to enforce any provision or any part of the Contract, nor shall the failure of the Owner to enforce any breach of any provision hereof to be taken or held to be a waiver of such provision, or as a waiver, modification or recession of the Contract itself.

23. Severability. If any term or provision of this Contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Contract shall be valid and enforced to the fullest extent permitted by law.

24. Full Agreement. The Contract Documents supersede all prior negotiations, discussion, statements, and agreements between Owner and CM/GC and constitute the full, complete, and entire agreement between Owner and CM/GC. There can be no changes to this Contract by oral means, nor by course of conduct of the parties, nor by custom of the trade.

No changes to this Contract will be binding on either party hereto unless such change is properly authorized, in writing, in accordance with Section 3 of the General Requirements.

Contract 4

IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first written above.

CM/GC:

LEGAL GC FIRM NAME

PRINT NAME, TITLE

APPROVED BY USING AGENCY:

AUGUSTA UNIVERSITY (A UNIT OF THE UNIVERSITY SYSTEM OF GEORGIA)

PRINT NAME, PRESIDENT AUGUSTA UNIVERSITY

PRINT NAME AND TITLE

OWNER:

BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA

SANDRA LYNN NEUSE, VICE CHANCELLOR FOR REAL ESTATE & FACILITIES

SAMSON OYEGUNLE, ASSOCIATE VICE CHANCELLOR

FOR DESIGN AND CONSTRUCTION

Attachments:

1. General Requirements, Forms and Exhibits

2. Supplementary General Requirement

GR i

GENERAL REQUIREMENTS

TABLE OF CONTENTS

SECTION 1 – GENERAL

Part 1 General

1.1.1 General Matters

1.1.2 Project Team, Cooperation, Partnering

1.1.3 Constitutional Principles Applicable to State Public Works Projects

1.1.4 Third Party Beneficiary

1.1.5 Notice

1.1.6 Liquidated Damages

1.1.7 Documents

1.1.8 Defined Terms

1.1.9 Basic Definitions

Part 2 CM/GC’s General Responsibilities and Duties

1.2.1 General Responsibilities

1.2.2 General Duties

1.2.3 General Consultation Services

1.2.4 Other Actions

1.2.5 Existing Documents

1.2.6 Duty to Give Notice to Owner

Part 3 Owner’s Responsibilities and Rights

1.3.1 Owner’s Representative

1.3.2 Design Professional

1.3.3 Permits, Licenses, and Inspections

1.3.4 Testing

1.3.5 No Partial Occupancy

1.3.6 Disqualification of Potential “Prequalified” Subcontractors

1.3.7 Owner’s Right to Perform Work

Part 4 Protection of Persons and Property

1.4.1 Reasonable Precautions

1.4.2 Duty to Protect Property

1.4.3 Safety Precautions

1.4.4 Emergencies

1.4.5 Fire Protection

1.4.6 Remedy Damages

1.4.7 Written Programs

Part 5 Bonds, Indemnity and Insurance

1.5.1 Bonds

1.5.2 Liability and Indemnification

1.5.3 Insurance Requirements

Part 6 Hazardous Materials and Conditions

1.6.1 Hazardous Materials

1.6.2 Responsibility and Warranty of Trade Contractors, Trade Suppliers and Subcontractors

1.6.3 Hazardous Materials and Substances Used on the Job Site

1.6.4 Hazardous Conditions

Part 7 Miscellaneous Provisions

1.7.1 Legal Compliance

1.7.2 Surveys, Permits, and Regulations

1.7.3 Open Records Act

1.7.4 Use of Site

1.7.5 Office for Contract Compliance Specialist (CCS)

1.7.6 Utilities

GR ii

1.7.7 Royalties and Patents

1.7.8 Separate Contracts

1.7.9 Women and Disadvantaged Business Participation

1.7.10 Employment of Georgia Citizens and Use of Georgia Products and Georgia Forest Products

1.7.11 Interpretation of Contract Documents

1.7.12 Counterparts

1.7.13 Forms and Specimens

1.7.14 Entire Contract

1.7.15 Energy Efficiency and Sustainable Construction Act of 2008

SECTION 2 – PRECONSTRUCTION PHASE

Part 1 Preconstruction Phase Services

2.1.1 General

2.1.2 Construction Preparation Period

2.1.3 Construction Management Plan

2.1.4 Quality Control Program

2.1.5 Scheduling Requirements

2.1.6 CM/GC Design Coordination Activities

2.1.7 Building Commissioning Services

2.1.8 CM/GC Cost Responsibilities

2.1.9 Limitation of Scope

2.1.10 Extent of Responsibility

2.1.11 Long Lead-Time Items

2.1.12 Payment Bond for Preconstruction

Part 2 Construction Documents and Site Preparation

2.2.1 General Provisions Regarding Construction Documents

2.2.2 Documents at the Project Site

2.2.3 Completion of Construction Documents Following Acceptance of the GMP Change Order

2.2.4 Special Situation – New Sole Source Designation

2.2.5 Submittals

2.2.6 Manufacturer’s Recommendations

2.2.7 Site Plan

2.2.8 Geological and Archaeological Specimens

SECTION 3 – CONSTRUCTION PHASE

Part 1 Construction Services

3.1.1 Basic Construction Services

3.1.2 Meetings and Schedule Updates

3.1.3 Construction Budget

3.1.4 Coordination of the Work

3.1.5 Mobilization

3.1.6 Duty to Commence

3.1.7 Notice of Commencement

3.1.8 Measurements and Dimensions

3.1.9 Rain Water, Surface Water, and Back-up

3.1.10 Cutting, Patching, and Fitting

3.1.12 Space conditions

3.1.13 Cleaning

3.1.14 Duty of CM/GC to Report Defects

3.1.15 Duty of CM/GC to Report Conflicts

Part 2 Component Change Orders

3.2.1 Scope of Part

3.2.2 Component Change Order Proposal

3.2.3 Component Change Order Sum

3.2.4 Unacceptable Proposals

3.2.5 Time for Review

GR iii

3.2.6 Rejection

3.2.7 Proceed Order for a Component

3.2.8 Duty to Proceed

3.2.9 Owner's Liability

3.2.10 Completion Date

3.2.11 Effect of GMP Change Order

3.2.12 Cumulative Effect of Component Change Orders

3.2.13 Pre-commencement Obligations

Part 3 GMP Change Order

3.3.1 Guaranteed Maximum Price Proposal

3.3.2 Submittal of GMP Change Order

3.3.3 Acceptance or Rejection of GMP Change Order

3.3.4 Duty to Proceed

3.3.5 Modification of GMP

3.3.6 Replacement of GMP with Lump Sum Price

Part 4 Changes to the Work

3.4.1 Acknowledgement of Existing Physical Conditions

3.4.2 Owner's Right to Make Changes

3.4.3 Changes Forbidden without Consent of Owner

3.4.4 Form and Execution of Change Orders

3.4.5 All Cost and Time Impacts to be Included

3.4.6 Changes in Contract Time

3.4.7 Determining the Cost to Owner for Changes

3.4.8 Overhead and Profit for Change Orders

3.4.9 Allowable Costs for Changes to the Work

3.4.10 Costs Not Allowable for Changes in the Work

3.4.11 Change Order Formats

3.4.12 Changes due to Subsurface or Other Unforeseen Conditions

3.4.13 Compensable Rock

3.4.14 Claims for Extended Overhead Costs

3.4.15 Release of Claims

3.4.16 Sole Source Designation for Change Order Work

3.4.17 Effect of Change Order

Part 5 Time

3.5.1 Time is of the Essence

3.5.2 Competent Management of Time

3.5.3 Contract Time

3.5.4 Commencement, Prosecution, and Completion

3.5.5 Construction Progress Schedule and Overall Progress Schedule

3.5.6 Completion Date

3.5.7 General Rule – No Damages for Delay, Extension of Time Sole Remedy

3.5.8 Exception to General Rule – Compensable Delay

3.5.9 Non-Compensable Delay

3.5.10 Submission of Claims for Compensable Delay, Extending the Material Completion and Occupancy Date

3.5.11 Recovery of Schedule Delays

Part 6 Correcting of Work; Inspections; Covering and Uncovering Work

3.6.1 Duty to Promptly Correct Work

3.6.2 Correcting the Work

3.6.3 No Delay

3.6.4 Inspection of Work

3.6.5 Covering and Uncovering Work

3.6.6 Inspection Does Not Relieve CM/GC

3.6.7 Owner may Require Uncovering of Work

3.6.8 Owner may Pay for Uncovering Work

GR iv

3.6.9 Effect of Notice of Non-Compliant Work

3.6.10 Deductions for Uncorrected Work

Part 7 Trade Contractors; Self-Performance

3.7.1 Parties

3.7.2 Selection

3.7.3 Proposers Lists

3.7.4 CM/GC Proposal Review

3.7.5 Responsible Proposers

3.7.6 Owner Rights

3.7.7 CM/GC Award

3.7.8 CM/GC Self-Performance

3.7.9 Duty to Continue Work

3.7.10 Alternative Price Terms

3.7.11 CM/GC Supplied Equipment of Supplies

3.7.12 No Conflicts of Interest

3.7.13 Opportunity for Trade Contractors – Trade Packages

3.7.14 Warranty of CM/GC

3.7.15 CM/GC Responsible for Acts/Omissions of Trade Contractors, Materialmen, Suppliers, and Employees

3.7.16 Relationship of CM/GC and Trade Contractors

3.7.17 Assignment of Trade Contracts, Subcontracts

SECTION 4 – COMPENSATION

Part 1 General

4.1.1 Authorized Compensation and Limitations

4.1.2 Audit

4.1.3 Limitation of Owner Liability

4.1.4 Provision for Further Development of the Contract Documents

4.1.5 Inclusion of Contingency Amounts

4.1.6 CM/GC’s Compensation Prior to Acceptance of GMP

Part 2 Payment for Preconstruction Phase Services

4.2.1 Basis of Compensation

4.2.2 Payment Schedule

4.2.3 Payment Due

4.2.4 CM/GC’s Fee

4.2.5 Effect of GMP Change Order

4.2.6 Form of Applications for Payment

Part 3 Payment for Construction Phase Services

4.3.1 Basis of Compensation

4.3.2 Submission of Applications for Payment

4.3.3 Timing of Payments

4.3.4 Payments Withheld

4.3.5 Retainage

4.3.6 Subcontractor’s Retainage Release

4.3.7 Supplier’s Retainage Release

4.3.8 CM/GC’s Warranty on Applications for Payment

4.3.9 Special Provisions for Payments of CM/GC under a Component or GMP Change Order

4.3.10 Applications for Payment

4.3.11 Processing of Applications for Payment

4.3.12 Representations of CM/GC

4.3.13 Design Professional’s Certificate Not Acceptance of Work

4.3.14 Payment Not Acceptance of Work

4.3.15 Payment for Change Order Work

4.3.16 Payment Due

4.3.17 Late Payment and Interest

GR v

Part 4 Cost of the Work

4.4.1 Definition

4.4.2 Preconstruction Phase Services

4.4.3 Construction Phase Services

4.4.4 Limitations on the Cost of the Work

4.4.5 Construction Contingency Costs

4.4.6 Adjustments to Construction Contingency

4.4.7 Release of Construction Contingency

4.4.8 Final Disposition of Construction Contingency

4.4.9 Owner Option

4.4.10 Discounts, Rebates, Etc.

Part 5 Liens

4.5.1 Public Property Not Subject to Lien

4.5.2 Notice of Commencement

4.5.3 Release of Liens

SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES, AND TERMINATION

Part 1 Owner’s Right to Suspend the Work

5.1.1 Owner’s Right to Suspend Work

5.1.2 Owner’s and Program Manager’s Right to Stop Work

5.1.3 Owner’s Rights Independent from Rights and Duty of Design Professional

Part 2 Contract Adjustments and Disputes

5.2.1 General Provisions

5.2.2 General Claims for Contract Adjustments and Disputes

5.2.3 Dispute Resolution

Part 3 Termination

5.3.1 Owner’s Right to Terminate Contract Without Cause

5.3.2 Owner’s Right to Declare Default and/or Terminate Contract for Cause

5.3.3 CM/GC’s Right to Terminate

5.3.4 Termination for Abandonment by CM/GC

5.3.5 Notices of Termination

5.3.6 Cumulative Remedies

SECTION 6 – PROJECT COMPLETION

Part 1 Material Completion

6.1.1 Prerequisites

6.1.2 Material Completion

6.1.3 Effect of Achieving Material Completion

6.1.4 Effect of Failure to Achieve Material Completion

Part 2 Final Completion

6.2.1 Final Completion.

6.2.2 Effect of Achieving Final Completion

6.2.3 Effect of Failure to Achieve Final Completion

Part 3 Inspections for Completion of the Work

6.3.1 General Responsibility of the CM/GC for Inspection

6.3.2 Notice of Readiness for Inspection for Material Completion

6.3.3 Conducting the Inspection for Material Completion

6.3.4 Notification of Using Agency of Site Visits by the CM/GC or Trade Contractors

6.3.5 Notification of Readiness for Interim Inspection for Punchlist Completion

6.3.6 Conducting the Interim Inspection for Punchlist Completion

6.3.7 Conducting the Inspection for Final Completion

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Part 4 Final Documents

6.4.1 Final Documents

6.4.2 Presentation of Final Documents

6.4.3 Keys

Part 5 Payment for Material Completion and for Final Payment

6.5.1 Payment for Material Completion

6.5.2 Application for Payment for Material Completion

6.5.3 Release of CM/GC’s Retainage

6.5.4 Effect of Payment for Material Completion and Release of Claims

6.5.5 Final Payment

6.5.6 Effect of Final Payment and Release of Claims

Part 6 Correction of Work After Final Completion

6.6.1 Non-complying or Defective Work

6.6.2 Warranty and Guaranty

6.6.3 Warranty Complaint Item Procedure

SECTION 7 – FORMS

Performance Bond Payment Bond Offsite Stored Materials Agreement

Georgia Security and Immigration Compliance Act Affidavit(s) Non-Influence Affidavit Statutory Affidavit Five Year Bond on Roofs and Walls Specimen Certificate of Manufacturer Certificate of Insurance Bond to Discharge Claim Subcontractor Retainage Release Certificate

EXHIBITS

Exhibit A Using Agency’s Program and Existing Documents Exhibit B Initial Construction Budget Exhibit C Budget Format Exhibit D Monthly Report Format Exhibit E CM/GC’s Proposal Exhibit F Schedule Exhibit G Specimen Component Change Order Exhibit H Specimen GMP Change Order Exhibit I Specimen Change Order Exhibit J Wage Rates and Labor Cost Exhibit K Application for Payment Exhibit L Final Cost Certification Exhibit M Certificate of Material Completion Exhibit N Certificate of Final Completion Exhibit O Georgia-Based Materials and Products Checklist

SUPPLEMENTARY GENERAL REQUIREMENTS

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GENERAL REQUIREMENTS

OF THE CONSTRUCTION MANAGEMENT CONTRACT

SECTION 1 – GENERAL

PART 1 GENERAL PROVISIONS

1.1.1 General Matters.

1.1.1.1 This Contract and Affiliated Agreements – Requirement for Written Agreements. Affiliated Agreements are any agreement required by this Contract or deemed necessary, efficient, or expedient by CM/GC, between the CM/GC and any party other than the Owner. All Affiliated Agreements, including any subsequent modifications, must be in writing, dated, and executed by the parties. Affiliated Agreements, including financial arrangements with respect to this Project, must be promptly and fully disclosed to the Owner upon their execution or modification. The Affiliated Agreements shall be executed in conformance with the requirements in Section 3, Part 7.

1.1.1.2 Basic Statement of Owner Objectives. The Owner’s basic objectives are to develop Construction Documents based on the Documents listed in Exhibit A incorporated herein by reference so as to permit construction of the Project within the limits of the funds available to Owner for construction of the Project as established by the Owner (but in no event in excess of the GMP Cost Limitation set forth on Exhibit B) and to construct the Project in accordance with the approved Construction Documents. The basic tenets of this Contract, which shall form the basis of interpretation of this Contract, are set forth in the Preface and incorporated by reference herein.

1.1.1.3 Project Team. To accomplish Owner’s objectives, Owner intends to employ a team concept in connection with the development of Construction Documents and construction of the Project. The basic roles and general responsibilities of team members are set forth in general terms below but are more fully set forth in the Architectural Contract with respect to the Design Professional, in the Program Management Contract with any Program Manager, and in this Contract with respect to the CM/GC.

1.1.1.3.1 Relationship of Parties. The Owner and the CM/GC agree to proceed with the Project on the basis of trust, good faith, and fair dealing, to cooperate fully with each other and shall do all things reasonably necessary to perform this Contract in an economical and timely manner, including without limitation, consideration of design modifications and alternative materials or equipment, if considered necessary or convenient by the Owner. The CM/GC agrees to procure or furnish, as permitted by the laws of Georgia, all preconstruction phase services and construction phase services as set forth herein. The Owner shall endeavor to promote harmony and cooperation among the Owner, Program Manager, Design Professional, the Using Agency, CM/GC and other persons or entities employed by the Owner for the Project.

1.1.1.3.2 Design Professional. The Design Professional is retained in accordance with the Architectural Contract (i) for the design and preparation of Construction Documents that are necessary to implement the Program governing the construction of the Project or Components thereof, and the design and preparation of any necessary documents antecedent to preparation of such Construction Documents, or (ii) for supervision or architectural administration of the Work under Contract Documents, or (iii) for both. The term “Design Professional” includes engineers, surveyors, designers and the other consultants retained by the Design Professional. The CM/GC acknowledges and agrees that the Contract Documents are addressed to skilled tradesmen in the construction profession who shall be required to use their special skills and experience, through submittals and shop drawings, to translate the Design Professional’s design intent as expressed in the Contract Documents into a completed structure. The Contract Documents shall specify when shop drawings or submittals require the seal of a specialty consultant.

1.1.1.3.2.1 The basis of the Owner's engagement of the Design Professional is the “Design Professional Contract.” The CM/GC acknowledges that both the Owner and the Design Professional have on file, at their respective places of business, copies of that executed agreement, and that both the Owner and the Design Professional will make available for review by CM/GC those copies at the CM/GC's request. The Design Professional is not the agent of the Owner, except to the extent so specified in writing, GR 2 but is employed as a consultant to the Owner to assist the Owner in determining if the conditions of the contract have been met. All decisions of the Design Professional on matters of aesthetics are final, conclusive, and binding on all parties if consistent with the requirements of the Contract Documents.

1.1.1.3.2.2 The CM/GC shall promptly request and review a copy of the Design Professional Contract prior to the commencement of preconstruction services and shall become familiar with the respective services, authorities, obligations, and responsibilities of the parties therein. CM/GC agrees to coordinate, assist, and develop a working relationship with the Design Professional to effect the purposes of the Project in accordance with the terms of this Contract and the Architectural Contract.

1.1.1.3.2.3 The CM/GC also acknowledges that the Design Professional will consult with and assist the Owner in developing and implementing the Owner's objectives, including budgeting and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements. Furthermore, the CM/GC acknowledges that the Owner and the Design Professional are proceeding with the Project on the basis of trust, good faith, and fair dealing, and they will take all actions reasonably necessary to ensure the Project proceeds to completion within the Owner's time and budgeting constraints. The CM/GC further acknowledges that in order for the Design Professional to perform its obligations under the Design Professional Contract, the Design Professional requires certain materials, information or other submissions as per the Contract Documents, from the CM/GC. The CM/GC agrees to provide the Design Professional with the submittals required by the Construction Documents. The CM/GC further agrees to cooperate with the Design Professional to ensure timely completion of all obligations under this Contract and the entire Project.

1.1.1.3.2.4 CM/GC agrees that the services provided by the Design Professional under the Architectural Contract are intended to coordinate and complement, but not to diminish, alter or substitute for any of the services, authority, obligations, or responsibilities of the CM/GC under this Contract. CM/GC further agrees that the performance of services by the Design Professional in connection with the Project shall in no way relieve CM/GC from any of its services, authority, obligations, or responsibilities under this Contract, and shall not alter or diminish those services, authority, obligations, or responsibilities in any way whatsoever.

1.1.1.3.3 Program Manager. Owner may designate a Program Manager to administer the Project and this Contract. In lieu of a Program Manager, Design Professional may be designated to perform the role of Program Manager. The Program Manager may also be designated as the Owner’s Representative, and if no Owner’s Representative is designated, the Program Manager shall be the Owner’s Representative.

1.1.1.3.4 Owner's Representative. Owner shall from time to time in writing designate one person as Owner's Representative under this Contract. Owner may designate the Program Manager, if any, as the Owner’s Representative. Owner's Representative so designated in writing shall serve as Owner's Representative under this Contract unless or until Owner gives notice in writing of the appointment of his successor. Owner or Owner's Representative may designate in writing assistants to serve as Owner's Representative with respect to the Project governed by this Contract or in different phases or in specific areas of responsibility with respect to the Project. All requests for consents and approvals required of Owner in connection with the Project, whether by Program Manager, Design Professional, or CM/GC, shall be submitted to Owner's Representative, or if the matter is within the written designation of authority of his assistant, to his designated assistant. Design Professional and CM/GC may rely upon written consents and approvals signed by the Owner's Representative, or his designated assistant acting within the scope of his written designation, as the consent and approval of Owner.

1.1.1.3.5 Using Agency, Using Agency’s Representative. The Project is intended for the benefit of the Using Agency. A copy of all matters submitted to Owner shall also be submitted to

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Using Agency for Using Agency’s information. The Using Agency may designate one or more representatives to participate with Owner in Owner’s activities under this Contract. Neither the Using Agency nor any representative of Using Agency shall have any authority to act for or in the name of the Owner. Participation in the Project by Using Agency or its representative(s) shall be solely advisory to the Owner. The Program Manager, Design Professional, CM/GC, or any Separate Contractor must not act or rely solely upon any directive, interpretation, decision, act, or omission of Using Agency or the Using Agency’s Representative.

1.1.1.3.6 CM/GC. In accordance with this Contract, the CM/GC shall participate in the review and development of the design of the Project set forth in the Program and, in coordination with the Design Professional, shall participate in the scheduling of such design work and of construction of the Project, including Components thereof, construction of the Components of the Project under Component Change Orders, and of the entire Project under a GMP Change Order. Nothing herein shall be deemed to impose upon the CM/GC any responsibilities to provide any services constituting the practice of architecture, engineering, or any related design profession. CM/GC shall exercise the professional skill and judgment of a CM/GC in similar circumstances in Georgia in the performance of its construction management services.

1.1.1.3.7 Owner’s Construction Inspector. From time to time, in writing, the Owner may designate an individual or firm as Owner's Construction Inspector under this Contract. The Owner’s Construction Inspector may be hired by Owner or hired under the Program Manager’s or Design Professional’s contract and shall provide up to 100% inspection services of the work on behalf of the Owner. The presence of an Owner’s Construction Inspector does not relieve the CM/GC of any of its responsibilities for quality control and independent testing set forth in the General Requirements. The Owner’s Construction Inspector has the authority to report any deviations from the contract documents directly to the CM/GC’s superintendent at the job site for immediate action, and also to report same to the Program Manager or Design Professional, and Owner.

1.1.1.3.8 Representatives. The designated representatives of the CM/GC and the Owner shall have full authority to act (other than for the receipt of notices that must be given as specified in Paragraph 1.1.5) in matters relating to this Contract until notice is given that such authority has been revoked. CM/GC and the Owner may each rely upon the written certification of the other as to the appointment of a designated representative or the revocation of his authority. The CM/GC shall designate, in writing, a representative authorized to act on the CM/GC's behalf with respect to the Project. The CM/GC's initial authorized representative shall be the Project Superintendent identified in the CM/GC’s proposal. CM/GC shall employ the Project Superintendent and necessary assistants who shall be in attendance at the Site during the progress of the Work. The Project Superintendent shall represent the CM/GC: All written communications given to the Project Superintendent shall be binding upon the CM/GC.

1.1.1.3.9 Separate Contractor. Owner may select one or more Separate Contractors to perform work with respect to the Project or Components thereof. The CM/GC shall afford the Owner's Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall coordinate the Separate Contractors’ schedules with those of the CM/GC. The Owner's Separate Contractors shall adhere to the CM/GC's work rules, schedule, laydown areas, and safety requirements.

1.1.1.3.10 Commissioning Authority. Owner may select and employ a Commissioning Authority to perform building commissioning activities and monitor testing activities. The Commissioning Authority shall perform and coordinate and accomplish its work as set forth in Articles 1.3.4 and 2.1.6.

1.1.2 Project Team, Cooperation, Partnering

1.1.2.1 Concept. It is the Owner's expectation that the Program Manager, Design Professional, Owner, Using Agency, CM/GC, and any Separate Contractor, shall work as a Project Team to effect the commencement of and completion of construction in accordance with the Project Schedule, and to achieve Final Completion of the Project. Each team member shall communicate with all other team

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members to assure overall coordination, cooperation, and efficiency. Each team member shall cooperate fully with and coordinate fully with each other team member in order to achieve Project completion in an expeditious and economical manner. The CM/GC shall schedule regular meetings of the key principals of the Project Team in an effort to solve problems in a partnering atmosphere to facilitate the ability of each team member to meet its business objectives, so long as its business objectives are consistent with the successful completion of the Project. It is the Owner’s intent that all consensus decisions of the Project Team, where differing from the Contract Documents, be reduced to writing in an appropriate Change Order.

1.1.2.2 Conference. Promptly after the execution of this Contract, CM/GC shall confer with the Program Manager, Design Professional, Owner, and Using Agency to identify personnel and relevant organizational charts of each team member, and to establish working relationships with each team member.

1.1.2.3 Authority of CM/GC. CM/GC is, and at all times during the term of this Contract shall be, an independent CM/GC in the performance of its duties and obligations under this Contract. CM/GC shall have no authority to bind or otherwise obligate Owner, orally, in writing or by any acts, unless specifically authorized by Owner in writing. Nothing contained in this Contract shall constitute or be deemed or construed to create a partnership or joint venture, or any agency relationship, between Owner and

CM/GC.

1.1.2.4 Team Evaluation Process, Covenant not to Sue. If Team Evaluation is elected as part of this Contract, all team members agree to participate in good faith in the State of Georgia’s formal Team Evaluation Process [copies of which will be made available to any bidder on request]. By executing this agreement for construction services with the Owner, the CM/GC waives any and all legal rights for defamation, libel or slander and covenants not to sue the Board of Regents, the Owner, the Design Professional, the Using Agency, other team members, and their respective representatives and agents for comments, rankings, and results related to the CM/GC's performance posted in good faith as a part of, and in accordance with, said Team Evaluation Process. The Design Professional and other team members, in their agreements with the Owner, have executed, or will execute, a similar agreement.

1.1.3 Constitutional Principles Applicable to State Public Works Projects.

1.1.3.1 Title to Project Site. Title to the Site is vested in the Board of Regents of the University System of Georgia as public property of the State of Georgia, and is not subject to levy or lien.

1.1.3.2 Title to Improvements and Delivered Materials. Title to all improvements constructed at the Site vests instanter in the Board of Regents. Title to all materials vests in the Board of Regents upon their delivery without rejection by the CM/GC at the Site, regardless of the status of payment or nonpayment of the costs thereto. Protection of laborers and Suppliers (regarding payment for services and materials) is effected through the provision of payment and performance bonds by the State.

1.1.3.3 Limited Waiver of Sovereign Immunity Ex Contractu. CM/GC acknowledges and agrees that Owner is an agency or instrumentality of the State of Georgia, and as such is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.”

CM/GC specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, CM/GC specifically acknowledges the constitutional prohibitions against claims against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, quantum meruit, or O.C.G.A § 13-4-4 (mutual departure from contract terms).

1.1.3.4 Limitations upon Authority of Agents. CM/GC further acknowledges that Owner is an agency or instrumentality of the State of Georgia, and as such acts through specific public officials. The legal concepts of agency applicable to the Owner are solely as set forth in O.C.G.A. §45-6-5 and as further specified in the Contract Documents. CM/GC specifically acknowledges the statutory and contractual requirements that written changes, modifications, and waivers to this contract must be executed only by the identified representatives of Owner as set forth in the Contract Documents. Accordingly, CM/GC specifically acknowledges that any claims against Owner based upon the act of any non-authorized employee or official are invalid.

1.1.3.5 U.C.C. Not Generally Applicable. CM/GC further acknowledges and agrees that Owner, as set forth in subsection (3) above, has granted only a limited waiver of sovereign immunity, such that the

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provisions of the Uniform Commercial Code (O.C.G.A §11-1-101 through §11-2-725) governing sales of goods do not apply to this Contract. CM/GC specifically acknowledges the contractual requirements that written changes, modifications, and waivers to this contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, CM/GC specifically waives and covenants not to make against Owner any claims based upon the Uniform Commercial Code. CM/GC understands, however, that CM/GC’s subcontracts with Suppliers and Subcontractors may in fact include sales of goods and therefore be properly governed by the Uniform Commercial Code; nonetheless CM/GC covenants that any such application shall in no way be construed to have any legal effect upon this contract between Owner and CM/GC.

1.1.4 Third Party Beneficiary. CM/GC acknowledges, stipulates, and agrees that the Owner is a public department, agency, or commission of the executive branch of government of the State of Georgia performing an essential public and governmental function by means of the Contract.