HomeMy WebLinkAboutALLEN BATCHELOR CONSTRUCTION INC SUBSTATION MARSHAL'S OFFICEDesign /Build Construction - Substation for the Richmond County Marshal's Office
RFP # 09 -195A
INDEX TO CONTRACT
Section Title Page
A Agreement 3 -4
GC General Conditions 11 -25
SGC Supplemental General Conditions 26 -28
SC Special Conditions 28
Special Conditions (from RFP) 9 of 89
Addendum #1 — 01/15/2010 (from RFP 09 -195)
Clarifications — 01 /20/2010
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SECTION A
AGREEMENT
THIS AGREEMENT, made this day of z2o , 2,2 /o , by and between
Augusta Georgia, a political subdivision of the State of Borgia, hereinafter called "Owner" and
Allen — Batchelor Construction, Inc. doing business as a corporation hereinafter called
"Firm."
WITNESSETH: That for and in consideration of the payments and agreements as hereinafter
mentioned the sufficiency which is hereby acknowledged, the parties agree to as follows:
1. The Firm will meet with the Owner and prepare preliminary a preliminary design based
on these discussions and the information included in the initial RFP.
2. The Firm will furnish all contract drawings, product data, material, supplies, tools,
equipment, labor, permits and other services necessary for the construction and
completion of the project described herein.
3. The Firm will commence preliminary design within Thirty (30) calendar days after the
date of the Notice to Proceed. Said preliminary design shall be completed within Sixty
(60) calendar days of the Notice to Proceed. Upon approval of the preliminary design by
the owner, the Firm shall have 300 days to complete construction documents and
complete construction of the proposed facility.
4. The Firm agrees to perform the necessary design, preparation of construction
documents, material acquisition and construction for a sum of Nine Hundred Ten
Thousand One Hundred & 00/100 dollars ($910,100.00).
5. The term "Contract Documents" means and includes the following:
Advertisement for Bids Request for Proposal # -195A Proposal
Notice of Award Agreement
Certificate of Owner's Attorney Notice to Proceed
Change Order General Conditions
Supplemental General Conditions Special Conditions Technical Specifications
Addendum No. One (1), dated 01/15/2010
6. The Owner will pay to the Firm in the manner and at such times as set forth in the
General Conditions such amounts as required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their
duly authorized officials, this Agreement in Six (6) counterparts, each of which shall be deemed
an original on the date first above written.
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OWNER: AUGUSTA, GEORGIA ATTEST:
BY: `' NAME 1 ..✓
Al
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�1 IRMayor) (Clerk)
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FIRM: Allen — Batchelor Construction, Inc. ATTEST:
CM
NAME: John C. Allen
(Type or Print)
TITLE: Vice - President
ADDRESS:
1063 Franke Industrial Dr.
Augusta, GA 30909
(SEAL)
NAME: Fletcher Dickert
(Type or Print)
TITLE: Proiect Manager
SECTION GC
GENERAL CONDITIONS
INDEX TO ARTICLES OF GENERAL CONDITIONS
Section I Page
GC -01
Definitions
12
GC -02
Additional Instructions and Detail Drawings
13
GC -03
Schedules, Reports and Records
13
GC -04
Drawings and Specifications
14
GC -05
Shop Drawings
14
GC -06
Materials, Services and Facilities
14
GC -07
Inspection and Testing
15
GC -08
Substitutions
16
GC -09
Patents
16
GC -10
Surveys, Permits and Regulations
16
GC -11
Protection of Work, Property and Persons
16
GC -12
Supervision by Firm
17
GC -13
Changes in the Work
17
GC -14
Changes in Contract Price
17
GC -15
Time for Completion and Liquidated Damages
18
GC -16
Correction of Work
18
GC -17
Subsurface Conditions
18
GC -18
Suspension of Work, Termination and Delay
19
GC -19
Payments to Firm
20
GC -20
Acceptance of Final Payment as Release
21
GC -21
Insurance
21
GC -22
Contract Security
22
GC -23
Assignments
22
GC -24
Indemnification
22
GC -25
Separate Contracts
23
GC -26
Subcontracting
23
GC -27
Project Representative's Authority
24
GC -28
Land and Rights -of -Way
24
GC -29
Guarantee
24
GC -30
Taxes
24
GC -31
Work Adjacent to Railway or Other Property
24
GC -32
Order and Discipline
24
GC -33
Warning Devices and Signs
25
GC -34
Special Restrictions
25
GC -35
As -Built Drawings
25
GC -36
Allowances
25
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GC -01. DEFINITIONS
Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be
applicable to both the singular and plural thereof.
ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which
modify or interpret the Contract Documents, Drawings and Specifications, by addition,
deletion, clarifications or corrections.
2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
3. BIDDER: Any person, firm or corporation submitting a bid for the work.
4. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the
Firm and his Surety in accordance with the Contract Documents.
5. CHANGE ORDER: A written order to the Firm authorizing an addition, deletion or revision in the work
within the general scope of the Contract Documents or authorizing an adjustment in the
contract price or contract time.
6. CONTRACT DOCUMENTS: The contract including Request for Proposals, Advertisement for Bids,
Information for Bidders, Original Proposal and Statement of Qualifications, Supplemental
Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond,
Notice to Proceed, Change Order, General Conditions, Supplemental General Conditions,
Special Conditions, Technical Specifications, Drawings and Addenda.
7. CONTRACT PRICE: The total monies payable to the Firm under the terms and conditions of the
Contract Documents.
8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the
completion of the work.
9. LIFE OF THE CONTRACT: The total duration of the Contract from Notice to Proceed to completion of
all the work.
10. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work
to be performed and which have been prepared or approved by the Project
Representative.
11. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract
price or an extension of the contract time issued by the Project Representative to the Firm
during construction.
12. FIRM: The Design /Build person, firm, partnership or corporation with whom the Owner has
executed the Agreement.
13. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful
Bidder.
14. NOTICE TO PROCEED: Written communication issued by the Owner to the Firm authorizing him
to proceed with the work and establishing the date of commencement of the work.
15. OWNER: A public or quasi - public body or authority, corporation, association, partnership or
individual for whom the work is to be performed.
16. PROJECT: The undertaking to be performed as provided in the Contract Documents.
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17. PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the
project site or any part thereof.
18. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which
are prepared by the Firm, a Subcontractor, Manufacturer, Supplier or Distributor, which
illustrate how specific portions of the work shall be fabricated or installed.
19. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical
nature or materials, equipment, construction systems, standards and workmanship.
20. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Firm or any
other Subcontractor for the performance of a part of the work at the site.
21. SUBSTANTIAL COMPLETION: That date as certified by the Project Representative when the
construction of the project or a specified part can be utilized for the purposes for which it
is intended.
22. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and /or additions to the General Conditions
of a specific nature generally aimed at the specific contract of which it is a part.
23. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work,
including that fabricated to a special design, but who does not perform labor at the site.
24. WORK: All labor necessary to produce the construction required by the Contract Documents and all
materials and equipment incorporated or to be incorporated in the project.
25. WRITTEN NOTICE: Written notice to any party of the Agreement relative to any part of this
Agreement. Said Notice is considered delivered and the service thereof completed, when
posted by certified or registered mail to the said party at his last given address or
delivered in person to said party or his authorized representative on the work.
GC -02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
The Firm may be furnished additional instructions by the Project Representative, as necessary, to carry out
the work required by the Contract Documents.
2. The additional drawings and instructions thus supplied will become a part of the Contract Documents. The
Firm shall carry out the work in accordance with the additional instructions.
GC -03. SCHEDULES, REPORTS AND RECORDS
The Firm shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls,
reports, estimates, records and other data as the Owner may request concerning the work performed or to
be performed.
2. Prior to the first partial payment estimate, the Firm shall submit schedules showing the order in which he
proposes to carry on the work, including dates at which he will start the various parts of the work, estimated
date of completion of each part and as applicable:
2.1 the dates at which special detail drawings will be required; and
2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing and
the installation of materials, supplies and equipment.
The Firm shall also submit a schedule of payments that he anticipates he will earn during the course of the
work.
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GC -04. DRAWINGS AND SPECIFICATIONS
The intent of the Contract Documents is to describe the scope of work for which the Firm shall furnish all
design, labor, materials, tools, equipment and transportation necessary for the proper execution. All work is
to be in accordance with the Contract Documents and all incidental work necessary to complete the project
in an acceptable manner, ready for use, occupancy or operation by the Owner is to be included.
2. In case of conflict between any drawings and specifications, the specifications shall govern. Figure
dimensions on drawings shall govern over general drawings.
3. Any discrepancies, inconsistencies, or ambiguities found between the Contract Documents and site
conditions shall be immediately reported to the Project Representative, in writing, who shall promptly have
corrected such inconsistencies or ambiguities in writing. Work done by the Firm after his discovery of such
discrepancies, inconsistencies or ambiguities shall be done at the Firm's risk.
4. All work that may be called for in the specifications and not shown on the drawings, or shown and not
called for in the specifications, shall be executed and furnished by the Firm as if described in both these
ways. Should any work or material be required which is not detailed in the specifications or drawings, either
directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof,
the Firm is to understand the same to be implied and required and shall perform all such work and furnish
any such material as fully as if they were particularly delineated or described.
5. It is understood and agreed that the Firm, by careful examination, has satisfied himself as to the nature
and location of the work, the conformation of the ground, the character, quality and quantity of the
materials to be encountered, the character of equipment and 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 under this contract. No verbal agreement or conversation with any officer, agent or employee of
the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or
obligations herein contained.
GC -05. SHOP DRAWINGS
The Firm shall provide system design drawings, shop drawings and product data for all components as
may be necessary for the prosecution of the work as required by the Contract Documents. The Project
Representative shall promptly review all shop drawings. The Project Representative's approval of any
shop drawings shall not release the Firm from responsibility for deviations from the Contract Documents.
The approval of any shop drawing that deviates substantially from the requirement of the Contract
Documents shall be evidenced by a Change Order.
2. When submitted for the Project Representative's review, shop drawings shall bear the Firm's certification
that he has reviewed, checked and approved the shop drawings and that they are in conformance with the
requirements of the Contract Documents.
3. Portions of the work that require shop drawing or sample submission shall not begin until the shop drawing
or submission has been approved by the Project Representative. A copy of each approved shop drawing
and each approved sample shall be kept in good order by the Firm at the site and shall be available to the
Project Representative.
GC -06. MATERIALS, SERVICES AND FACILITIES
It is understood that, except as otherwise specifically stated in the Contract Documents, the Firm shall
provide and pay for all materials, labor, tools, equipment, transportation, supervision, temporary
construction of any nature and all other services and facilities of any nature necessary to execute,
complete and deliver the work within the specified time.
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2. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the
work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate
prompt inspection.
3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used,
cleaned and conditioned as directed by the manufacturer.
4. Materials, supplies or equipment shall be in accordance with samples submitted by the Firm and approved
by the Project Representative.
5. Materials, supplies or equipment to be incorporated into the work and purchased by the Firm or the
Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement
by which an interest is retained by the seller.
GC -07. INSPECTION AND TESTING
All materials and equipment used in the construction of the project shall be subject to adequate inspection
and testing in accordance with generally accepted standards.
2. The Firm shall provide, at his expense, the necessary testing and inspection services required by the
Contract Documents, unless otherwise provided.
The Owner shall provide all other inspection and testing services required by the Contract Documents.
4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction require any work to specifically be inspected, tested or approved by someone other that the
Firm, the Firm will give the Project Representative timely notice of readiness. The Firm will then furnish the
Project Representative the required certificates of inspection, testing or approval.
Neither observation by the Project Representative nor inspections, tests or approvals by persons other
than the Firm shall relieve the Firm from his obligations to perform the work in accordance with the
requirements of the Contract Documents.
6. The Project Representative and his representatives will at all times have access to the work. In addition,
authorized representatives and agents of any participating Federal or State Agency shall be permitted to
inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and
records. The Firm will provide proper facilities for such access and observation of the work and also for any
inspection or testing thereof.
7. If any work is covered contrary to the written request of the Project Representative, it must, if requested by
the Project Representative, be uncovered for his observation and replaced at the Firm's expense.
8. If any work has been covered which the Project Representative has not specifically requested to observe
prior to its being covered or if the Project Representative considers it necessary or advisable that covered
work be inspected or tested by others, the Firm at the Project Representative's request, will uncover,
expose or otherwise make available for observation, inspection or testing as the Project Representative
may require, that portion of the work in question, furnishing all necessary labor, materials, tools and
equipment. If it is found that such work is defective, the Firm will bear all the expenses of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is
not found to be defective, the Firm will 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 an appropriate change order shall be issued.
9. The Firm shall give the Project Representative 24 hours notice of starting any new work. No work shall be
done or materials used without suitable supervision and inspection by the Project Representative. The Firm
shall furnish the Project Representative with necessary samples of material for testing purposes.
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GC -08. SUBSTITUTIONS
When a material, article or piece of equipment is identified on the drawings or specifications by reference
to brand name or catalogue number, the performance or other salient requirements and that other
products of equal capacities, quality and function shall be considered. The Firm may recommend the
substitution of a material, article or piece of equipment of equal substance and function for those referred
to in the Contract Documents by reference to brand name or catalogue number and if, in the opinion of the
Project Representative, such material, article or piece of equipment is of equal substance and function to
that specified, the Project Representative may approve its substitution and use by the Firm. Any cost
differential shall be deducted from the contract price and the Contract Documents shall be appropriately
modified by change order. The Firm warrants that if substitutes are approved, no major changes in the
function or general design of the project will result. Incidental changes or extra component parts required to
accommodate the substitute will be made by the Firm without a change in the contract price or contract
time.
GC -09. PATENTS
The Firm shall pay all applicable royalties and license fees. He shall defend all suits or claims for
infringement of any patent rights and save the Owner harmless from loss on account thereof except that
the Owner shall be responsible for any such loss when a particular process, design or the product of a
manufacturer or manufacturers is specified, but if the Firm has reason to believe that the design, process
or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly
gives such information to the Project Representative.
GC -10. SURVEYS, PERMITS AND REGULATIONS
The Owner shall furnish all land surveys and establish all base lines for locating the principal component
parts of the work together with a suitable number of benchmarks adjacent to the work as shown in the
Contract Documents. From the information provided by the Owner, unless otherwise specified in the
Contract Documents, the Firm shall develop and make all detail surveys needed for construction such as
slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut
sheets.
2. The Firm shall carefully preserve benchmarks, reference points and stakes 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.
3. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Firm.
The Firm shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the
conduct of the work as drawn and specified. If the Firm observes that the Contract Documents are at
variance therewith, he shall promptly notify the Project Representative in writing and any necessary
changes shall be adjusted as provided in Section GC -13, Changes in the Work.
GC -11. PROTECTION OF WORK, PROPERTY AND PERSONS
The Firm will be responsible for initiating, maintaining and supervising all safety precautions and programs
in connection with the work. He will take all necessary precautions for the safety of and will provide the
necessary protection to prevent damage, injury or loss to all employees on the work and other persons who
may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in
storage on or off the site or other property at the site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement
in the course of construction.
2. The Firm will comply with all applicable laws, ordinances, rules, regulations and orders of any public body
having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all
necessary safeguards for safety and protection. He will notify the owners of adjacent properties when
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prosecution of the work may affect them. The Firm will remedy all damage, injury or loss to any property
caused, directly or indirectly, in whole or in part, by the Firm, and Subcontractor or anyone directly or
indirectly employed by any of them or anyone for whose acts any of them are liable, except damage or loss
attributable to the fault of the Contract Documents or to the acts or omissions of the Owner or the Project
Representative 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 the Firm.
3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the
Firm, without special instructions or authorization from the Project Representative or Owner, shall act to
prevent threatened damage, injury or loss. He will give the Project Representative prompt written notice of
any significant changes in the work or deviations from the Contract Documents caused thereby and a
Change Order shall be issued covering the changes and deviations involved.
4. The work under this Contract in every respect shall be at the risk of the Firm until finished and accepted,
except to damage or injury caused directly by the Owner's agents or employees.
GC -12. SUPERVISION BY FIRM
The Firm will supervise and direct the work. He will be solely responsible for the means, methods,
techniques, sequences and procedures of construction. The Firm will employ and maintain on the work a
qualified supervisor or superintendent who shall have been designated in writing by the Firm as the Firm's
representative at the site. The supervisor shall have full authority to act on the behalf of the Firm and all
communications given to the supervisor shall be as binding as if given to the Firm. The supervisor shall be
present on the site at all times as required to perform adequate supervision and coordination of the work.
GC -13. CHANGES IN THE WORK
The Owner may at any time as the need arises, order changes within the scope of the work without
invalidating the Agreement. If such changes increase or decrease the amount due under the Contract
Documents or in the time required for performance of the work, an equitable adjustment shall be
authorized by Change Order.
2. The Project Representative, also, may at any time, by issuing a field order, make changes in the details of
the work. The Firm shall proceed with the performance of any changes in the work so ordered by the
Project Representative unless the Firm believes that such field order entitles him to a change in the
contract price or time or both, in which event he shall give the Project Representative written notice thereof
within ten (10) days after the receipt of the ordered change pending the receipt of an executed change
order or further instruction from the Owner.
GC -14. CHANGES IN CONTRACT PRICE
The contract price may be changed only by a change order. The value of any work covered by a change
order or of any claim for increase or decrease in the contract price shall be determined by one or more of
the following methods in the order of precedence listed below:
1.1 Unit prices previously approved.
1.2 An agreed lump sum.
1.3 The actual cost for labor, direct overhead, materials, supplies, equipment and other services
necessary to complete the work. In addition there shall be added an amount to be agreed upon
but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general
overhead and profit.
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GC -15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
1. The date of beginning and the time for completion of the work are essential conditions of the Contract
Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed.
The Firm will proceed with the work at such rate of progress to insure full completion within the contract
time.. It is expressly understood and agreed, by and between the Firm and the Owner, that the contract
time for the completion of the work described herein is a reasonable time, taking into consideration the
average climatic and economic conditions and other factors prevailing in the locality of the work.
If the Firm shall fail to complete the work within the contract time or extension of time granted by the
Owner, then the Firm will pay to the Owner the amount for liquidated damages as specified in the bid for
each calendar day that the Firm shall be in default after the time stipulated in the Contract Documents.
The Firm shall not be charged with liquidated damages or any excess costwhen the delay in completion of
the work is due to the following and the Firm has promptly given written notice of such delay to the Owner
or Project Representative.
4.1 To any preference, priority or allocation order duly issued by the Owner.
4.2 To unforeseeable causes beyond the control and without the fault of negligence of the Firm,
including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of
another Firm in the performance of a contract with the Owner, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and
4.3 To any delays of Subcontractors occasioned by any of the causes specified in Paragraphs 4.1 and
4.2 of this Article.
GC -16. CORRECTION OF WORK
The Firm shall promptly remove from the premises all work rejected by the Project Representative for
failure to comply with the Contract Documents, whether incorporated in the construction or not and the
Firm shall promptly replace and re- execute the work in accordance with the Contract Documents and
without expense to the Owner and shall bear the expense of making good all work of other Firms
destroyed or damaged by such removal or replacement.
All removal and replacement work shall be done at the Firm's expense. If the Firm does not take action to
remove such rejected work within ten (10) days after receipt of written notice, the Owner may remove such
work and store the materials at the expense of the Firm.
Any omissions or failure on the part of the Project Representative to disapprove or reject any work or
material shall not be construed to be an acceptance of any defective work or material. The Firm shall
remove, at his own expense and shall rebuild and replace same without extra charge and in default thereof
the same may be done by the Owner at the Firm's expense or in case the Project Representative shall not
consider the defect of sufficient importance to require the Firm to rebuild or replace any imperfect work or
material, he shall have the power and is hereby authorized to make an equitable deduction from the
stipulated price.
GC -17. SUBSURFACE CONDITIONS
The firm shall promptly and before such conditions are disturbed, except in the event of an emergency,
notify the Owner by written notice of:
1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents.
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1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided for
in the Contract Documents.
2. The Owner shall promptly investigate the conditions and if he finds that such conditions do so materially
differ and cause an increase or decrease in the cost of, or in the time required, for performance of the
work, an equitable adjustment shall be made and the Contract Documents shall be modified by a Change
Order. Any claim of the Firm for adjustment hereunder shall not be allowed unless he has given the
required written notice; provided that the Owner may, if he determines the facts so justify, consider and
adjust any such claims asserted before the date of final payment.
GC -18. SUSPENSION OF THE WORK, TERMINATION AND DELAY
1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not
more than ninety days or such further time as agreed upon by the Firm, by written notice to the Firm. The
Project Representative shall fix the date on which work shall be resumed. The Firm will resume that work
on the date so fixed. The Firm will be allowed an increase in the contract price, an extension of the
contract time, or both, directly attributable to any suspension.
2. If the Firm is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his
creditors or if a trustee or receiver is appointed for the Firm or for any of his property or if he files a petition
to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or if he
repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly
fails to make prompt payments to Subcontractors or for labor, materials or equipment or if he disregards
laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or if he
disregards the authority of the Project Representative, or if, in the opinion of the Project Representative,
the Firm fails to make satisfactory progress in prosecuting the work, or if he otherwise violates any
provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy
and after giving the Firm and his Surety a minimum of ten (10) days from delivery of a written notice,
terminate the services of the Firm and take possession of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Firm and finish the work by whatever method
he may deem expedient. In such case, the Firm 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 and indirect costs of
completing the Project, including compensation for additional professional services, such excess shall be
paid to the Firm. If such costs exceed such unpaid balance, the Firm will pay the difference to the Owner.
Such costs incurred by the Owner will be determined by the Project Representative and incorporated in a
Change Order.
3. The Firm must obtain permission from the Project Representative before any equipment can be removed
from the job site. In the event such equipment is removed without the Project Representative's approval,
the job will be terminated until such time as the equipment is returned to the project and any time and
money lost by the Firm as a result of moving the equipment shall be absorbed by the Firm.
4. Where the Firm's services have been so terminate by the Owner, said termination shall not affect any right
of the Owner against the Firm then existing or which may thereafter accrue. Any retention or payment of
monies by the Owner due the Firm will not release the Firm from compliance with the Contract Documents.
After ten (10) days from delivery of a written notice to the Firm and the Project Representative, the Owner,
may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and
terminate the Contract. In such case, the Firm shall be paid for all work executed and any expense
sustained plus reasonable profit.
6. If, through no act or fault of the Firm, the work is suspended for a period of more than ninety (90) days by
the Owner or under an order of court or other public authority of the Project Representative fails to act on
any request for payment within thirty (30) days after it is submitted or the Owner fails to pay the Firm
substantially the sum approved by the Project Representative within thirty (30) days of its approval and
presentation, then the Firm may after ten (10) days from delivery of a written notice to the Owner and the
Project Representative, terminate the Contract and recover from the Owner payment for all work executed
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and all expenses sustained. In addition, and in lieu of terminating the Contract, if the Project
Representative has failed to act on a request for payment or if the Owner has failed to make any payment
as aforesaid, the Firm may, upon ten (10) days notice to the Owner and the Project Representative, stop
the work until he has been paid all amounts then due, in which event and upon resumption of the work,
Change Orders shall be issued for adjusting the contract price or extending the contract time or both to
compensate for the costs and delays attributable to the stoppage of the work.
If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a
failure of the Owner or the Project Representative to act within the time specified in the Contract
Documents, or if no time is specified, within reasonable time, an adjustment in the contract price or an
extension of the contract time or both, shall be made by Change Order to compensate the Firm for the
costs and delays necessarily caused by the failure of the Owner or the Project Representative.
GC -19. PAYMENTS TO THE FIRM
1. Between the first (1 st) and the fifth (5th) of each month, the Firm will submit to the Project Representative a
partial payment estimate filled out and signed by the Firm on an approved form covering the work
performed during the period covered by the partial payment estimate and supported by such data as the
Project Representative may reasonably require. If payment is requested on the basis of materials and
equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial
payment estimate shall also be accompanied by such supporting data, satisfactory to the Owner, as will
establish the Owner's title to the material and equipment and protect his interest therein, including
applicable insurance. The Project Representative will, within ten days after receipt of each partial payment
estimate, either indicate in writing his approval of payment and present the partial payment estimate to the
Owner, or return the partial payment estimate to the Firm indicating in writing his reasons for refusing to
approve payment. In the latter case, the Firm may make the necessary corrections and resubmit the
partial payment estimate. The Owner will, within ten days of presentation to him of an approved partial
payment estimate, pay the Firm a progress payment on the basis of the approved partial payment
estimate. The Owner shall retain ten (10 %) percent of the amount of each payment until final completion
and acceptance of all work covered by the Contract Documents. The Owner at any time, however, after
fifty (50 %) percent of the work has been completed, if he finds that satisfactory progress is being made,
shall reduce the retained percentage to five (5 %) percent on the current and remaining estimates. On
completion and acceptance of a part of the work on which the price is stated separately in the Contract
Documents, payment may be made in full, including retained percentages, less authorized deductions.
The request for payment may also include an allowance for the cost of such major materials and
equipment which are suitably stored and insured either at or near the site.
All work covered by partial payment shall thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Firm of the sole responsibility for the care and protection of
the work, material and equipment upon which payments have been made or the restoration of any
damaged work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the Contract
Documents.
4. Upon completion and acceptance of the work, the Project Representative shall issue a certificate attached
to the final payment request that the work has been accepted by him under the conditions of the Contract
Documents, The entire balance found to be due the Firm, including the retained percentages shall be paid
to the Firm, except such sums as may be lawfully retained by the Owner for saving the Owner or the
Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers,
workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, tools and
supplies, incurred in the furtherance of the performance of the work. The Firm shall, at the Owner's
request, furnish satisfactory evidence that all obligations of the nature designated above have been paid,
discharged, or waived. If the Firm fails to do so, the Owner may, after having notified the Firm, either pay
unpaid bills or withhold from the Firm's unpaid compensation a sum of money deemed reasonably
sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have
been fully discharged whereupon payment to the Firm shall be resumed, in accordance with the terms of
the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any
obligations upon the Owner to either the Firm, his Surety, or any third party. In paying any unpaid bills of
20
the Firm, any payment so made by the Owner shall be considered as a payment made under the Contract
Documents by the Owner to the Firm and the Owner shall not be liable to the Firm for any such payments
made in good faith.
5. If the Owner fails to make payment 30 days after approval by the Project Representative, in addition to
other remedies available to the Firm, there shall be added to each such payment, interest at the maximum
legal rate commencing on the first day after said payment is due and continuing until the payment is
received by the Firm.
GC -20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
The acceptance by the Firm of final payment shall be and shall operate as a release to the Owner of all
claims and all liability to the Firm other than claims in stated amounts as may be specifically excepted by
the Firm for all things done or furnished in connection with this work and for every act and neglect of the
Owner and other relating to or arising out of this work. Any payment, however, final or otherwise, shall not
release the Firm or his Sureties from any obligations under the Contract Documents or the Performance
Bond and Payment Bonds.
GC -21. INSURANCE
The Firm shall purchase and maintain during the life of this Contract such insurance as will protect him
from claims set forth below which may arise out of or result from the Firm's execution of the work, whether
such execution by himself or by any Subcontractor or by anyone directly or indirectly employed by any of
them or by anyone for whose acts any of them may be liable.
1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts,
1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his
employees,
1.3 Claims for damages because of bodily injury, sickness or disease or death of any person other
than his employees,
1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by
any person as a result of an offense directly or indirectly related to the employment of such person
by the Firm or (2) by any other person; and
1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use
resulting therefrom.
2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of
the work. These Certificates shall contain a provision that coverage afforded under the policies will not be
cancelled unless at least fifteen (15) days prior written notice has been given to the Owner.
3. The Firm shall procure and maintain, at his own expense, during the life of the Contract, liability insurance
as hereinafter specified.
3.1 Firm's General Public liability and Property Damage insurance including vehicle coverage issued
to the Firm and protecting him from all claims for personal injury, including death, and all claims for
destruction of or damage to property, arising out of or in connection with any operations under the
Contract Documents, whether such operations be by himself or by any Subcontractor under him or
anyone directly or indirectly employed by the Firm or by a Subcontractor under him. Insurance
shall be written with a limit of liability of not less than $200,000 for all damages arising out of bodily
injury, including death, at any time resulting therefrom, sustained by any one person in any one
accident; and a limit of liability of not less than $500,000 for any such damages sustained by two
or more persons in anyone accident. Insurance shall be written with a limit of liability of not less
than $100,000 for all property damage sustained by any one person in any one accident; and a
21
limit of liability of not less than $200,000 for any such damage sustained by two or more persons in
any one accident.
3.2 The Firm shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon
the Project to the full insurable value thereof for the benefit of the Owner, the Firm and
Subcontractor as their interest may appear. This provision shall in no way release the Firm or
Firm's Surety from obligations under the Contract Documents to fully complete the Project.
4. The Firm shall procure and maintain, at his own expense, during the life of the Contract, in accordance:
with the provisions of the laws of the state in which the work is performed, Workman's Compensation
Insurance, including occupational disease provisions, for all of his employees at the site of the project and
in case any work is sublet, the Firm shall require such Subcontractor similarly to provide Workman's
Compensation Insurance, including occupational disease provision for all of the latter's employees unless
such employees are covered by the protection afforded by the Firm. In case any class of employees
engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's
Compensation statute, the Firm shall provide and shall cause each Subcontractor to provide adequate and
suitable insurance for the protection of his employees not otherwise protected.
5. The Firm shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be performed.
Unless specifically authorized by the Owner, the amount of such insurance shall not be less than One
Million Dollars ($1,000,000.00). The policy shall cover not less than the losses due to fire, explosion, hail,
lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke during the contract time
and until the work is accepted by the Owner. The policy shall name as the insured the Firm, the Project
Representative and the Owner.
GC -22. CONTRACT SECURITY
A performance and payment bond is not required.
GC -23. ASSIGNMENTS
Neither the Firm nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract or any
portion thereof, or his right, title or interest therein, or his obligations thereunder, without written consent of
the other party.
GC -24. INDEMNIFICATION
The Firm will indemnify and hold harmless the Owner and the Project Representative and their agents and
employees from and against all claims, damages, losses and expenses including attorney's fees arising
out of or resulting from the performance of the work, provided that any such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or
willful act or omission of the Firm and Subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
2. In any and all claims against the Owner or the Project Representative or any of their agents or employees,
by an employee of the Firm, Subcontractor, anyone directly or indirectly employed by any of them, or
anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or for the
Firm or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee
benefits acts.
3. The obligation of the Firm under this paragraph shall not extend to the liability of the Project
Representative, his agents or employees arising out of the preparation or approval of maps, drawings,
opinions, reports, surveys, change orders, design or specifications.
Fla
GC -25. SEPARATE CONTRACTS
1. The Owner reserves the right to let other contracts in connection with this Project. The Firm shall afford
other Firms reasonable opportunity for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate his work with theirs. If the proper execution or results
of any part of the Firm's work depends upon the work of any other Firm, the Firm shall inspect and
promptly report to the Project Representative any defects in such work that render it unsuitable for such
proper execution and results.
The Owner may perform additional work related to the Project by himself or he may let other contracts
containing provisions similar to these. The Firm will afford the other Firms who are parties to such
contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the
introduction and storage of materials and equipment and the execution of the work and shall properly
connect and coordinate his work with theirs.
3. If the performance of additional work by other Firms or the Owner is not noted in the Contract Documents
prior to the execution of the Contract, written notice thereof shall be given to the Firm prior to starting any
such additional work. If the Firm believes that the performance of such additional work by the Owner or
others involves him in additional expense or entitles him to an extension of the contract time, he may make
a claim therefor as provided in Sections GC -13 and GC -14.
GC -26. SUBCONTRACTING
1. The Firm may utilize the services of specialty Subcontractors on those parts of the work which, under
normal contracting practices, are performed by specialty Subcontractors.
2. The Firm shall not award work to Subcontractor(s), in excess of fifty (50 %) percent of the Contract Price,
without prior written approval of the Owner.
3. The Firm shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of
persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly
employed by him.
4. The Firm shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind
the Subcontractors to the Firm by the terms of the Contract Documents insofar as applicable to the work of
Subcontractors and to give the Firm the same power as regards terminating any subcontract that the
Owner may exercise over the Firm under any provision of the Contract Documents.
5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the
Owner.
GC -27. PROJECT REPRESENTATIVE'S AUTHORITY
1. The Project Representative shall act as the Owner's representative during the construction period. He shall
decide questions which may arise as to quality and acceptability of materials furnished and work
performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The
Project Representative will make visits to the site and determine if the work is proceeding in accordance
with the Contract Documents.
2. The Firm will be held strictly to the intent of the Contract Documents in regard to the quality of materials,
workmanship and execution of the work. Inspections maybe made at the factory or fabrication plant or the
source of material supply.
3. The Project Representative will not be responsible for the construction means, controls, techniques,
sequences, procedures, or construction safety.
23
4. The Project Representative shall promptly make decisions relative to interpretation of the Contract
Documents.
GC -28. LAND AND RIGHTS -OF -WAY
1. The Owner shall provide the Firm information which delineates and describes the land owned and right -of-
way acquired.
2. The Firm shall provide at his own expense and without liability to the Owner any additional land or building
and access thereto that the Firm may desire for temporary construction facilities, or for storage of
materials.
GC -29. GUARANTEE
1. The Firm shall provide a warranty on all work, materials and equipment incorporated into this project. The
warranty period shall not be less than one (1) year from the date of completion and shall cover parts and
labor.
GC -30. TAXES:
1. The Firm will pay all sales, consumer, use and other similar taxes required by the law of the place where
the work is performed.
GC -31. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY
1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner or of
other railways, persons, or property, the work shall be so conducted as not to interfere with the movement
of trains or other operations of the railway, or, if in any case such interference be necessary, the Firm shall
not proceed until he has first obtained specific authority and directions therefor from the proper designated
officer of the Owner and has the approval of the Project Representative.
GC -32. ORDER AND DISCIPLINE
1. The Firm shall at all times enforce strict discipline and good order among his employees and any employee
of the Firm who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified
for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Project
Representative and he shall not again be employed on the workout with the Project Representative's
written consent.
GC -33. WARNING DEVICES AND SIGNS
1. The Firm shall furnish, erect, paint and maintain appropriate warning devices in and around the
construction area.
GC -34. SPECIAL RESTRICTIONS
1. NOT USED
GC -35. AS -BUILT DRAWINGS
1. The Firm shall maintain a set of as -built Drawings in the construction trailer or office, as applicable. All
deviations or important measurements shall be recorded on the as- builts daily. Measurements should be .
made form visible surface objects such as manholes, fire hydrants, valves, property corners, fence
24
r .
corners, etc. Measurements shall locate underground and surface objects by two measurements as stated
above. These measurements should be to the nearest tenth of a foot. Three sets will be provided at the
Firm's expense, one set must be the originals drawn in red ink while the remainder may be copies. Each
shall be clearly marked on the first sheet in one inch high letters "As -Built Drawings ".
GC -36. ALLOWANCES
1. The Contract Price shall include an allowance of $10,000 for construction testing. If this amount exceeds
the actual cost for said testing, the Owner will direct the Firm to issue a deductive Change Order for the
difference.
2. The Firm shall notify the owner in advance if the cost of the testing is estimated to exceed the allowance
before any action is taken.
25
. .
SECTION SGC
INDEX TO SUPPLEMENTAL GENERAL CONDITIONS
SECTION TITLE
SGC -01. Firm's Breakdown of Lump Sum Payment Items
SGC -02 Prior Use By Owner
SGC -03 Cleaning Up
SGC -04 Maintenance of Traffic
SGC -05 Maintenance of Access
SGC -06 Erosion Control and Restoration of Property
SGC -07 Safety and Health Regulations
SGC -08 Pre - Construction Conference
SGC -09 Settlement of Disputes
SGC -10. Open Records Act
26
SECTION SGC
SUPPLEMENTAL GENERAL CONDITIONS
SGC -01. FIRM'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS
The Firm shall, immediately after the contract has been awarded, submit to the Project Representative for his
approval, a breakdown showing estimates of all costs apportioned to the major elements of design, equipment,
material and labor comprising the total work included under any of the lump sum items shown in the proposal.
These estimates as approved will serve as the basis for estimating of payments due on all progress estimates.
SGC -02. PRIOR USE BY OWNER
Prior to completion of the work, the Owner may take over the operation and /or use of the incomplete project or
portions thereof. Such prior use of the facilities by the Owner shall not be deemed as acceptance of any work or
relieve the Firm from any of the requirements of the Contract Documents.
SGC -03. CLEAN -UP:
The Firm shall keep the premises free from the accumulation of waste material and rubbish and upon completion of
the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all
rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the
Project Representative. Periodic cleaning will be scheduled by a representative of the owner.
SGC -04. MAINTENANCE OF TRAFFIC
In any work within the public right -of -way, the Firm shall provide adequate warning and protection for pedestrian
and vehicular traffic from any hazard arising out of the Firm's operations and will be held responsible for any
damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road
lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below.
The Firm shall not block traffic on any street more than 30 minutes or without written permission from such agency.
Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard
therefrom. Should the Firm fail to comply with the provisions of this paragraph, the Owner may, with his own forces,
provide signs, flagmen, barricades and /or passageways or clear the pavement and deduct the cost thereof from
sums due to the Firm. Detours and traffic controls are to be reviewed by Traffic Engineering before
implementation.
SGC -05. MAINTENANCE OF ACCESS
The Firm will be required to maintain access to the establishment during all times it is normally open for business.
Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges
with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be
necessary to remove bridges and to block cross traffic while equipment is in operation. The Firm shall, however,
plan and pursue his operations so as to minimize the time that direct entrance is blocked.
SGC -06. EROSION CONTROL AND RESTORATION OF PROPERTY
The Firm will be required to schedule his work and perform operations in such a manner that siltation and bank
erosion will be minimized during all phases of construction. This work should included protective measures in
places before land disturbing activities begin in accordance with Federal, State and Local Ordinances covering soil
erosion and siltation prevention. Any areas disturbed during the course of construction shall be restored to a
condition equal or better than the original condition.
27
SGC -07. SAFETY AND HEALTH REGULATIONS
The Firm shall comply with the Department of Labor Safety and Health Regulations for construction promulgated
under the Occupational, Health and Safety Act of 1970 (PL31 -596) and under Section 107 of the Contract Work
Hours and Safety Standards Act (PL91 -54).
SGC -08. PRE - CONSTRUCTION CONFERENCE
A pre- construction conference may be held at an acceptable time to the Owner and the Firm prior to the "Notice to
Proceed" to coordinate the work and satisfy all requirements of the Contract Documents.
SGC -09. SETTLEMENT OF DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, U.S.A. All
claims, disputes and other matters in question between Licensee and Icon Software. Corporation arising out of, or
relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County,
Georgia. Firm, by executing this Agreement, specifically consents to venue and jurisdiction in Richmond County,
Georgia and waives any right to contest jurisdiction and venue in said Court.
SGC -10. OPEN RECORDS ACT:
Firm acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records
Act (O.C.G.A. § 50- 18 -70, et seq. Firm shall cooperate fully in responding to such request and shall make all
records, not exempt, available for inspection and copying as required by law.
SPECIAL CONDITIONS
SC -01. LICENSE:
The successful bidder shall have a current Business license during the term of this contract. The license shall be
purchased form the Business License and Enforcement Department.
SC -02. COORDINATION OF WORK:
The Firm shall coordinate his work with the JLEC Operations Manager and the Sheriff's Department Jail
Administration. The Firm is required to follow security protocols as set forth by the Chief Jailer. All construction shall
be in accordance with the contract documents.
SC -03. OPERATION AND STORAGE AREAS:
All operations of the Firm (including storage of material) shall be confined to areas authorized and approved by the
Project Representative and the Sheriff's Department Jail Administration.
SC -04. PRESERVATION OF EXISTING VEGETATION:
The Firm will preserve and protect existing vegetation such as trees, shrubs and grass on or adjacent to the site
which do not unreasonably interfere with the construction as may be determined by the Project Representative.
SC -05. CLEAN -UP:
The Firm shall keep the premises free from the accumulation of waste material and rubbish. Upon completion of
the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all
rubbish and surplus materials to the satisfaction of the Project Representative.
28
SPECIAL CONDITIONS
3.1 County's Right To Amend Bid Solicitations Or Awards That Are In Violation Of Law.
(A) Prior to bid opening or closing date for receipt of proposals. If prior to the bid opening or the
closing date for receipt of proposals, the Purchasing Director, after consultation with the Augusta-
Richmond County Administrator, and the Augusta- Richmond County Attorney, determines that a
solicitation is in violation of federal, state, or local law or ordinance, then the solicitation shall be
canceled or revised to comply with applicable laws.
(B) Prior to award. If after bid opening or the closing date for receipt of proposals, the Purchasing
Director, after consultation with the Administrator or his designee, and the Augusta- Richmond County
Attorney determine that a solicitation or proposed award is in violation of federal, state or municipal
law, and then the solicitation or proposed award shall be canceled.
(C) After award. If, after an award, the Procurement Director, after consultation with the Administrator
and the Augusta- Richmond County Attorney determines that a solicitation or award of a contract was
in violation of applicable law, then the contract shall be revised to comply with applicable law. If
Augusta- Richmond County is unable to revise the contract to comply therewith, the contract shall be
terminated and declared null and void by the Augusta- Richmond County Commission.
3.2 Bonds: (Check where applicable)
[ ] (A) Each bidder shall post a bid bond, certified check or money order made payable to the City in
the amount of 10% of the bid price. A company check is not acceptable. No bids shall be read or
considered without a proper form of security.
[X] (B) No bond, certified check, or U.S. Money Order is required.
[ ] (C) Bidder shall post a payment I performance bond payable to the City in the amount of 100% of
the bid price if awarded the purchase. Such bond(s) are due prior to contract execution as a guarantee
that goods meet requirements of the contract including timely delivery, performance specifications and
warranty requirements.
Such bonds will also guarantee quality performance of services and timely payment of invoices to any
subcontractors.
[ ] (D) Bidder shall post a performance bond in the amount of 100% of the bid price if awarded the
purchase. Such bond(s) are due prior to contract execution as a guarantee of timely delivery and that
equipment, materials and /or goods are delivered according to specifications.
In accordance with Article 5 of the City's Code. Augusta Richmond County's code can be viewed in its
entirety @ httn: / /www.auaustaaa.jzov /index as ?NID =685 Guidelines & Procedures
3.3 City License Requirement: Contractor must be licensed in the State of Georgia or by the
Governmental entity for which they do the majority of their business.
3.4 Warranty Requirements: (Check where applicable)
[ ] (A) Provisions of item 2.12 in regards to quality shall apply.
[ ] (B) Warranty required.
[ ] (a) Standard Warranty shall be offered with bid.
[ ] (b) Extended Warranty shall be offered with bid.
3.5 Terms of Contract: (Check where applicable)
[ ] (A) Annual Contract
[ ] (B) One time Purchase.
[Xj (C) �ither
RFP 09 -195A Design /Build Construction of a Substation Specs
Page 9 of 89
G E O R G 1 A
TO: All Bidders
Phyllis Mills, Quality Assurance Analyst
Steve Smith, Marshal's Office
FROM: Geri Sams &�' 1'r�m
Procurement Director
DATE: January 15, 2010
SUBJ: Proposed Plan and Responses to Vendor Questions
RFP ITEM; RFP 09 -195 Design /Build Construction of a Substation for Marshal's Office
RFP OPENING: Friday, January 29, 2010 at 11:00 a.m.
ADDENDUM NO. 1
Bidders on this project are hereby notified that this Addendum shall be attached to and made part of
the above -named RFP Package.
1. Attached is a copy of the proposed plan.
2. The following responses are provided to Vendor questions.
Question Please confirm that the "Fee" for design and construction is intended to define Profit markup on
the cost of all design and construction services, labor and materials. Costs associated with
management, insurance, bonding and general conditions are to be part of the construction cost
and are not to be included in the "Fee Proposal ".
Response The Fee for Design is to include all activities related to the design of the structure: The
fee for Construction is to include all activities related to physical construction of the
building. Each respective fee is to include all permitting, licensing, insurance, bonding,
general conditions, testing, management and reimbursables related to each activity. The
sum of the Design Fee and Construction Fee are to be the total project cost. There is no
additional funding other than the budget number referenced in RFPltem 09 -195.
Question Page 14 of the RFP documents, bullet item 5 under "Additional Information" stipulates that all
required geotechnical and construction testing is to be included in the construction costs.
Please note that item GC -36, ALLOWANCES, page 41, stipulates an allowance of $10,000 for
construction testing. Please clarity the scope of testing that will ultimately be included in the
construction materials testing allowance of $10,000.
Response The scope of construction testing is to include all testing required under applicable
codes to include material testing, compaction testing, soil bearing, and special
inspections.
Question On page 18, what does the design cost include? Will it include civil, structural, mechanical,
electrical engineering? Is all engineering to be by P.E., registered in Georgia? Does it include
interior design and FF &E? Does it include landscape design?
Response All design activities required to permit and construct the project are to be included as
design cost. Design professionals should be licensed in accordance with applicable
laws and codes.
Question We are assuming that the proposal for the design /build team will be the contractor. Is this a
correct assumption?
Response This RFP is not intended to dictate which discipline is to be the lead contact. It is our
intent to engage a single firm /partnership /coalition to design and build the structure.
Room 605 - 530 Green Street, Augusta Georgia 30911
(706) 821 -2422 - Fax (706) 821 -2811 Addendum 1 RFP Item #09 -195
www.au
Page 1 of 4
Register at www.demandstar.com /supplier for automatic bid notification
Question Does the $1 million budget include landscaping, furniture, equipment and any reimbursable?
Or is there is a separate budget for these items?
Response The $1,000,000 includes the building and finishes.
Question On page 17, will names of "principles and specifics" pertain to the construction company only?
Are the principals of the design firm to be listed?
Response The principals should include the key personnel for both construction and design.
Question Are there liquidated damages involved? (See sheet 35)
Response No.
Question I do not understand what you are asking on page 16 of the bid documents item "f" under
EVALUATION CRITERIA. It sounds like you are asking about our knowledge of the area the
project is in, which is in Augusta Richmond County, but then you give evaluation point for
CSRA, Georgia, SE United States, all others. Can you give an explanation of what you are
looking for in "f ?
Response The Evaluation Criteria was provided as information on how the proposals will be
evaluated and ranked. The criteria will be used by the Evaluation Committee to rank the
proposals received as it relates to this RFP and do not require a response from vendors.
Please acknowledge addendum in your submittal
END ADDENDUM
Addendum 1 RFP Item #09 -195
Page 2 of 4
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G E R G 1 A
TO: All Bidders
Phyllis Mills, Quality Assurance Analyst
Steve Smith, Marshal's Office
FROM: Geri Sams
Procurement Director
DATE: January 20, 2010
SUBJ: Topographic Map and Plat
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RFP ITEM: RFP 09 -195 Design /Build Construction of a Substation for Marshal's Office
RFP OPENING: Friday, January 29, 2010 at 11:00 a.m.
CLARIFICATIONS
Attached are copies of the Topographic Map and Plat for RFP 09 -195 Design /Build
Construction of a Substation for the Marshal's Office.
YJ �IGXe�I7.P/l2G ��il¢1/7.e�ItG
Room 605 - 530 Green Street, Augusta Georgia 30911
(706) 821 -2422 - Fax (706) 821 -2811 Clarifications - RFP Item #09 - 195
www.augustaga.gov Page 1 of 1
Register at www.demandstar.com /supplier for automatic bid notification
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