APPENDIX 7 M
ARTICLES OF REPRESENTATION ON BEHALF OF
BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA
TO: GEORGIA STATE FINANCING AND INVESTMENT COMMISSION
Article (1)
I certify that I have been authorized and directed by the Using Agency to make the following
certifications to the Commission with regard to the plans and specifications which have been
completed and submitted to the Using Agency under an architectural contract with (Firm Name) ,
dated [
, 20
Project No. [
], [amended
, 20
] and described as "[
cost $[
,] covering a project designated
]", which the architect estimates will
].
Article (2)
The documents have been formally approved as meeting the needs of the Using Agency; the
documents have been submitted to the State Fire Marshal, The Director of the State Self Insurance
Program, The Department of Human Resources and the Department of Natural Resources, as
evidence of which approval I attach hereto written notice from each of the foregoing in the form
customarily issued in each case; that as to all high voltage lines as defined by Act No. 525, Georgia
Laws 1960, Pages 181 et. seq., the precautions and safeguard required by Act No. 525, Georgia Laws
1960, Pages 181 et seq., and Rules and Regulations of the Commissioner of Labor have been
physically completed and complied with in full and in cases where the safeguard adopted is one
which, under the foregoing regulations requires approval of the Inspection Division of the
University System of Georgia
Building Project Procedure
App. 7 M-1
APPENDIX 7 M
Department of Labor of the State of Georgia, such approval has been obtained in verification of
which there is attached hereto notice in writing from the owner of the high voltage line or lines in
which it is stated which of the prescribed safeguard has been followed. (The safeguard adopted does
not require approval of the Inspection Division of the Department of Labor).
Article (3)
The documents provide for a project which is economical in design.
Article (4)
The documents comprise the complete and final architectural and engineering program to the
extent called for in the application of the Using Agency for a commitment letter and as called for in
the commitment letter of the Commission for the project shown in Article (1) above.
Article (5)
Any work not called for in the plans and specifications which is preliminary to the work
called for in the plans and specifications and which was to be performed by the Using Agency or by
any person, party, or agency other than the contractor of the Commission and which could, if not
already executed, interfere with the immediate commencement of the work called for in the plans
and specifications, has been completed in full, and the physical condition of the site is now as shown
on the plans and specifications.
Article (6)
The parcel of land shown on the plat of boundary-line survey submitted to the architect and
to the Commission is the most suitable site for the location of the project and the plans and
specifications were designed for construction of the project on the above specific parcel of land.
University System of Georgia
Building Project Procedure
App. 7 M-2
APPENDIX 7 M
Article (7)
The plans and specifications are designed in such manner and containing such provisions as
will result in (a) no nuisance for property adjoining the site of the work, (b) no illegal flow of water
onto adjoining property; and (c) no illegal injury of any nature to the adjoining property.
Article (8)
No work is called for under the plans and specifications except that which is included within
the scope of the commitment of the Commission.
Article (9)
In the event it is found that in the reasonable opinion of the Commission there has been included
in the plans and specifications work which is beyond the scope of the responsibility assumed by the
Commission under the terms of its letter of commitment to the Using Agency, it is understood that
the Commission reserves the right to remove such work by addendum or change order unless (a) the
Using Agency shall have deposited a cash supplement with the Commission to cover the cost of such
work and (b) the Commission shall have agreed to accept the cash supplement.
Article (10)
Every existing building to which an addition or in which remodeling is to be constructed by
the Commission meets in full the Georgia Safety Fire laws and Building Exit does as evidenced by
Occupancy Permit No. ____________________ dated _____________.
Article (11)
Legal authorization has been granted by a duly adopted resolution of the proper public body,
agency, or corporation for the use of and connection with any utility lines or facilities not to be
financed by the Commission under its contract with the Using Agency but which utilities or facilities
University System of Georgia
Building Project Procedure
App. 7 M-3
APPENDIX 7 M
are nevertheless necessary to the operation of and form an integral part of or tie into and function
with any project to be financed by the Commission have already been completed in full, with the
exception that the Contractor must contact:
(a)
, (___)
-
; and
(b)
, (___)
-
.
The Using Agency has been made formally aware of the fact that it may not hold the Commission
responsible for any delay occasioned by failure on the part of the Using Agency or any other agency
to furnish any of said incidental utilities or facilities not to be furnished by the Commission under its
contract with the Using Agency and that the Using Agency may make no demand upon the
Commission for financing said incidental utilities or facilities.
Article (12)
Under the terms of these articles of representation and the commitment letter, no demand
may be made upon the Commission for the performance of any incidental, supplementary, or extra
work not called for in the plans and specifications unless the Using Agency shall have deposited cash
with the commission to cover the cost of such work.
Article (13)
In the event error, omission, oversight, or defect in the plans and specifications be detected
during the progress of construction, the Commission is authorized in its discretion to cure or remedy
such error, omission, oversight, or defect pursuant to what the architect or engineer who executed the
contract for professional services deems to be the most economical way consistent with sound
construction practices, and the Using Agency shall assert no claims against the Commission on
account of any such error, omission, oversight, or defect in the plans and specifications inasmuch as
the Using Agency has a duty to select competent architectural or engineering consultants and to
submit plans and specifications which are proper and sufficient. The Using Agency has been made
University System of Georgia
Building Project Procedure
App. 7 M-4
APPENDIX 7 M
formally aware that the Commission has no duty to discover error, omission, oversight, or defect and
that the Commission does not express any preferences as to design or specification.
Article (14)
The Using Agency has a duty to make available to the Commission space or spaces in any
existing building or buildings to which or in which the Commission is financing an addition or
additions or any betterment or betterments and that any such space or spaces shall be vacated and
turned over to the exclusive use of the Commission prior to issuance of invitations to bid as required
by the commitment letter covering this project.
Article (15)
These articles of representation are furnished to the Commission as proof of the Using
Agency's unqualified approval of the plans and specifications referred to in Article (1).
Article (16)
The Using Agency has carefully considered all work described by the alternates in the
proposal form; it has found and determined that the sequence of alternates as established in the
proposal form is the exact sequence in which the Using Agency desires work to be removed in the
event removal of work is necessitated by the bid prices; it understands that the contract documents
provide that alternates may be exercised in numerical sequence only; it agrees that it will recognize
that good faith to the bidders and sound public policy demand a strict adherence to all terms and
conditions of the bidding documents; and that it agrees not to make demand on the Commission for
any deviation from the terms and conditions upon which bids have been invited.
University System of Georgia
Building Project Procedure
App. 7 M-5
APPENDIX 7 M
Article (17)
These articles of representation are furnished as proof that the Using Agency recognizes that
the plans and specifications approved by the Using Agency are binding on the Using Agency, that
any special conditions for construction in stages, any special consideration to be given to the convenience of the Using Agency, and any extraordinary precautions required have been called for in the
plans and specifications, the Using Agency being committed to the conditions stated or not stated in
the plans and specifications.
This [
th day of
, 20
.]
By:
Vice Chancellor for Facilities
BOARD OF REGENTS OF THE
UNIVERSITY SYSTEM OF GEORGIA
Using Agency
University System of Georgia
Building Project Procedure
App. 7 M-6