HomeMy WebLinkAboutHORIZON CONSTRUCTION BROAD STREET MEDIAN PLANTE R REPAIRS
SECTION NA
NOTICE OF AWARD
TO:
Horizon Construction
4411, . Columbia Road 5",,"+-1. /0,"
Martinez, GA 304109
Attention: Henry Henderson
PROJECT DESCRIPTION:
Broad Street Median - Planter Repairs
The Owner has considered the BID submitted by you for the PROJECT named above in response to its Request
for Bids {RFB} 07-121 due on April 25, 2007.
You are hereby notified that your BID (Including Alternates - None} has been accepted in the amount of Forty-
eight thousand and zero/100ths dollars {$48,OOO.00}.
You are to execute the AGREEMENT (Section A) within Ten {10} calendar days from the date of this Notice to
you. Furthermore, the Owner has elected to require a Contractor's Performance Bond (Section PB) and a Labor
and Materials Payment Bond (Section LMPB). The price of said bonds is included in the contract amount stated
above.
If you fail to execute said Agreement and to furnish said Bonds within Ten {10} working days from the date of this
Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your
PROPOSAL as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights
as may be granted by law.
Shop drawings and other submittals are due within thirty {30} calendar days of the issuance of this Notice of
." Award.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this 14th d Y of June, 2007.
L4) - I' !
BY: -lit,
Richard M. Acfue, Jr., Assistant
'I
Augusta Public Services Dep rtment
Facilities Management Division
ACCEPTANCE OF NOTICE
Receipt of th~ above NOTICE OF AWARD is hereby acknowledged on this ...I-b.-day of JulY
f4f.P
,2007.
BY:
TITLE: Prt.lIl~t(!-t
"
2
OATE CIDIIIQI'l't'N)
CERTIFICATE O~ LIABILITY INSURANCE 01/05/2007
THIS CER11f1CATE IS ISSUED AS A IlATTER OF INFORIIAnoN
ONLY AND CONFERS NO RIGHTS UPON THE CERTlRCATE
HOLDER. THIS CERllfICAlE DOES NOT AIIEND, EXTEND OR
THE COVERAGE RDED BY THE PO S BELOW.
AGI;S
iHE POLiCiES OF INSURANCE LISTED BELOW HAVE BEEN ISSUeo TO TIlE INSIJRB) NAMED ABCVE FOR lHE POUCY PERIOD INDICATED. NOlWiTI'lSTANDING
ANY REQUIREIIENr. l'EftM OR CONOmON OF ANY CONTRACT OR OnlER DOCUMENTwrnt 'RESPECT TO WHlQIIHIS camFICATE MAY BE ISSUED OR
MAY PERTAlN. TIiE INS1JRAlIIc:E AFFORDED BY 1liE POUCIES DESCRIBeD HEREl1IllS suaJECT TO AU.. 1'HE 'TERIIS. EXCLUSIONS AND CotmmONS Of SUCH
POLICIES. AGGREGA.1E. UIiIITS SHOWN IlAY HAVE BEEN REOUCED BV PAID ClAIMS-
~ 1VPE aF ~ PClI.IC'tNlJlEBl f'C!,Jl:Y~ ~EIlJ'IRIL",*
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BUT'FALURE'Ttl1lAlL SUCHHDlICE SIiALL 1IiIPOSel<<) DBLJ;ll1\Dlll DR L.IA8I\..m'
rJI' JIH'f IlN:l ~ 'THE N!llJRet. /l'S.AGafTS OR ltEPRESENTA'mI!!S.
A1Jnol\llRlZED~"~
te: 7/19/07 TimB: 3:45 PM To: horizon S70S210BS25
1 Page: 001-002
AC!:JBQ
FAX (706) 738-~3
PRODUCER. (706) 733-68&8
Dawson Taylor & Ccnpany
P.O. Box 14729
3510 Wheeler Rd.
Augus'ta. CiA 30919
NSURaI Hor zon Construction &ASsoc1a'tes, Inc.
P.O. Box 798
Evans. GA 30809
INSURERS AFFORDING cOVERAGE
~.I~;uHER "'. All ied Insurance Company
VIlSl.IRERB: Canal Insurance Canpany
INSL~ c:
INRrRER D.
tJ..'iURER E'
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PROP5<TYDAMAGE
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A Ren'ted Equ1pnent
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AUTOOlol..'r.
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A
ACPCAA7111723409 12/15/2006 12/1.5/2007 EACHOCCU<RENCE: $
AGGReG..TE S
$
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OWNER EXCLUDED El..Ol:i;EA~-EAEI'oIPlOYEE $
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DESCRlnlON l:IF CIf'aUTlQNS'LDCATlONS/~C1.ES IEXQJJlllDtlS ADDED BY~ JSPEdAL PRD\IISIDNS
CE TlRCATE HOLDER
Augusta Ric:huond County
license and Penai't Department
P. o. Box 9270
Augu~a, GA 30916-9270
Michael J.Ta lor Jr./LA
~M
G)ACORD CORPORATION 1988 .
ACORD 25 (2001108) FAX: (706) 312-4277
NAIC#
$
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EXHIBIT V
Broad Street Median - Planter Repairs
RFB #07-121
INDEX TO CONTRACT
Section Title Paqe
NA Notice of Award 2
A Agreement 3-4
PB Performance Bond 5-6
LMPB Labor & Material Payment Bond 7-8
COA Certificate of Owner's Attorney 9
NP Notice to Proceed 10
GC General Conditions 11-25
SGC Supplemental General Conditions 26-28
SC Special Conditions 28
1
SECTION A
AGREEMENT
.'fI"'\ J f.I~ Y .
THIS AGREEMENT, made this ~ day of~, '2007 by and between Augusta Georgia,
a political subdivision. of the State of Georgia, hereinafter called "Owner" and Horizon
Construction doing business as a corporation hereinafter called "Contractor."
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 Contractor will commence repairs to the masonry planters located in the center of
Broad Street in Augusta, GA. Said planters start on the west side of 6th Street and
.occur at each intersection through the east side of 10th Street. All work is to be in
accordance with in accordance with the specifications included in RFB# 07-121 and
related documents as listed in item 5 below.
2. The Contractor shall provide all labor, material, parts, engineering, licensing and
certifications required by any applicable regulation. Furthermore, the Contractor will
furnish all drawings, product data, material, supplies, tools, equipment, labor, traffic
control and other services necessary for the construction and completion of the project
described herein.
3. The Contractor will commence the work required by the Contract Documents within
Thirty (30) calendar days after the date of the Notice of Award and will complete the
work within One-hundred twenty (120) calendar days unless the period of completion is
extended otherwise by the Contract Documents.
4. The Contractor agrees to perform all the work described in the Contract Documents for
the sum of Forty-eight thousand and zero/100 dollars ($48,000.00).
5. The term "Contract Documents" means and includes the following:
Advertisement for Bids
Bid Bond
Performance/Payment Bonds
Change Order
Supplemental General Conditions
Addendum NO.1
Request for Bids #07-121
Notice of Award
Certificate of Owner's Attorney
General Conditions
Special Conditions
Bid
Agreement
Notice to Proceed
Technical Specifications
6. The Owner will pay to the Contractor 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.
3
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their
duly authorized officials, this Agreement in Five (5) counterparts, each of which shall be
deemed an original on the date first above written.
OWNER: AUGUSTA, GEORGIA
ATTEST:
BY:
:-t.~""<l."l'l."l\ "'t,,~
,,",~~,,'\..MOND ~\\,
$> ~.~ c. ,\
A"" / . "n9''''.0. O...~..
"'..... ...., . C::..t. 'f~
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/# C"'l .0 /"' (t ... YA
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tl ~ ~
NA f\t .
1V\Jf;" fI '.,~ -'
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q" "C'U -.... -
'~ ....~".-
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~"~'I1l.1~.:a'~~
, .,~;~
~":, -
i
J tfPeke Copenhaver (Mayor)
CONTRACTOR: Horizon Construction & AssoATTEST:
BY: -M ! ;il
(SEAL)
NAME: Henry L. Henderson
(Type or Print)
NAME: Sabrina Moore
(Type or Print)
TITLE: President
TITLE: Secretary
ADDRESS:
P. O. Box 798
Evans, Georgia 30809
4
Q~/28/07 .. 'PItT 11: 22 FAX 706 210 8625
HORIZON CONST.& ASSO.INC
141004
SECTIONPB
PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGES 7-8, IN
FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OFLAJ30R AND MATERIAL)
KNOW ALL MEN BY THESE PRESENTS:
Horizon Construction' & . . .
Thatl'.cooci:ltco rno. ' as Pnnclpal, hereInafter called Contractor, and
Contractors Bonding ~80rporation organized and existing under the laws of the State of
rn~UL dllce Company " -
1:2.-. with its principal office in the City of Seattle , State of WA ,as Surety,
hereinafter called Surety, are held and firmly bound unto Augusta, Georgia, as Obligee, hereinafter
. Forty-Eight .
calledthe Owner, In the penal amount of 'fLOtl.!ahd 8. 0/1 Sellars ($ 48,000.00
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a
certain written agreement
WHEREAS, Contractor has by said written agreement dated entered into a contract
with Owner for the construction of Broad Street Median - Planter Repairs, Augusta, Georgia, in
. accordance with the specifications issued by the Richmond County Public Works and Engineering
Department, which contract is by reference made a part hereof, and is hereinafter referred to as the
CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and
faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain
in full force and effect. .
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever contractor shall be, and declared by Owner to be in default under the CONTRACT, the
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default,
or shall promptly
(1) Complete the CONTRACT in accordance with its terrnsand conditions, or,
(2) Obtain a bid or bids for completing the Contract in accordance with its tems and conditions, and
upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a
contract between such bidder and Owner, and make available as Work progresses (even though
there should be a default or a succession of defaults under the contract or contracts of completion
. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of
the contract price; but not exceeding, including other costs and damages for which the Surety may
be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the
contract price," as used in this paragraph, shall mean the total amount payable by Owner to
Contractor under the Contract and any amendments thereto, less the amount properly paid by
Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which
final payment under the CONTRACTfalls due,
5
06/.28/07 .. THU 11: 22 FAX 706 210 8625
HORIZON CONST.& ASSO.INC
19JVVOJ
No right of actions hall accrue on this bond to or for the use of any person or corporation other than the,
Owner named herein or the heirs, executors, administrators or successors ofthe Owner.
Signed and sealed this I ?:
---
day of j '-l , ~
I J..cJln
Witness (l,au,d- h1~
. . Associates Inc.
Hon.zonConstructJ.on &.. . (Seal)
(Contractor)
AttCPIf/l7J~
By ;/;W-
(Seal)
(Title)
;--- ~ontractors
Witness ~ ~ I~ [-{h;
(Surety)
Bonding And Insurance Company
(Seal)
Attest
~;/ \L tJ~
I "-.
By #~.:?z-- Cl (Seal)
W.D. Morris, Jr (Atto~ney-in-Fact)
(Title)
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should
execute Bond.
6
00/28/07.. THU 11: 23 FAX 706 210 8625
HORIZON CONST.& ASSO.INC
19d VVtl
I
I
!
I
I
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I
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. .'
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SECTION LMPB
LABOR AND MATERIAL PAYMENT BOND
(NOTE: THIS BOND IS ISSUED SIMUL TANEOUSL YWITH PERFORMANCE BOND ON PAGES 5-6.
IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.)
KNOW ALL MEN BY THESE PRESENTS: Contractors Bonding And
Horizon Construction & . Insurance Company
ThatAssociates, Inc. ,as Principal, hereinafter called Contractor. and . a
corporation organized and existing under the laws of the State of Wl. , with its principal office in the
City of Set'] tt.l e ,State of WA I as Surety, hereinafter called Surety, are held and firmly
bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of
claimants as hereinbelow defined in the amount of Forty-Eiqht* Dollars ($48.000.00) *Thousand
forthe payment whereof Contractor and Surety bind themselves, their heirS, executors, administrators, & 0/ 1 00
successors, and assigns, jointly and severally, firmly by these presents.
WHEReAS. Contractor has, by written agreement dated ,- (2 -" 1 ....entered into a contract with
Owner for the construction of. Broad Street Median - Planter Repairs, in accordance with
specifications issued by the Richmond County Public Services Department, which contract is by
reference made a part hereof, and is hereinafter referred to as the CONlRACT.
NOW, THEREFORE. the condition of this obligation is such that, if the Contractor shall promptly make
paymentto all claimants as hereinafter defined, for all labor and material used or reasonably required to
use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain
in full force and effect, subject, however, to the following conditions:
(1.) A claimant is defined as one having a direct contract with the Contractor orwith a subcontractor
of the Contractor for labor, material, or both, used or reasonably required for use in the
performance of the contract, labor and material being construed as to include that part of water,
gas, power, light. heat, oil, gasoline, telephone service or rental of equipment directly applicable
to the CONTRACT.
(2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that
every claimant as herein defined, who has not been paid in full before the expiration of a penod
of ninety (gO) days after the date on which the last of such claimant's work or labor was done or
performed, or materials were furnished by such claimant, may sue on this bond for the use of
such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall not be liable for the payment of any
costs or expenses of any such suit
(3) No suit or action shall be commenced hereunder by any claimant, .
(a) Unless claimant, other than one having a direct contract with the Contractor, shall have
given written notice to any two of the following: The Contractor, the Owner, orthe Surety
above named, within ninety (90) days after such claimant did or performed the last of
~__ the work or labor, or furnished the last of the materials for which said claim is mads,
stating. with substantial accuracy the amount claimed and the name of the party to
whom the materials were furnished, or for whom the work or labor was done or
performed. Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or
Surety, at any place where an office regularly maintained for the transaction of
7
06/28/07 THll 11:23 FAX 706 210 8625
. . .
HORIZON CONST.& ASSO.INC
I4J 007
business, of-served in any manner in which legal process may be served inttie state in
which the aforesaid project is located, save that such service need not be made by a
public officer.
(b) Afterthe expiration of one (1) year following the date on which Contractor ceased work
on said CONTRACT, it being understood, however, that if any limitation embodied in
this bond is prohibited by any law controlling the construction hereof, such limitation
shall be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
(c) Other than in a state. court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project. or any part thereof. is situated, or in
the United States District Court for the district in which the project, or any part thereof, is
situated, and not elsev.k1ere.
(4) The amount of this bond shall be reduced by and to the extent of any payment or payments
made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which
may be filed of record against said improvement, whether or not claim for the amount of such
lien be presented under and against this bond.
Signed and sealed this ( ;)..
day of \"u ( r
, )..00,
Witness ~ rJ1?
(Contractor)
Horizon Construction & Associates, Inc.
. (Seal)
~J4$1~
By ~fl2--
(Seai)
Wilr1esA00fkW4f~
(Surety)
Contractors Bonding And Insurance Company
(Seal)
Attest hPhKv f (J~,
(Title). .
BY#~Jz-- ~"al)
W:D. Morris, Jr (Attorney-in-Fact)
Note: Date of Bond must be priorto date of Contract. If Contractor is Partnership, all partners should
execute Bond.
8
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned ' the authorized and acting legal
representative of Augusta, Georgia, do hereby certify as follows:
I have examined the attached Contract(s) and Surety Bonds, and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements has been duly
executed by the proper parties thereto acting through their duly authorized representatives;
that said representatives have full power and authority to execute said agreements on
behalf of the respective parties named thereon; and that the foregoing agreements
constitute valid and legally binding obligations upon the parties executing. the same in
accordance with the terms, conditions and provisions thereof.
~
Stephen Shepard, Attorney
Augusta, Georgia
DATE:
9
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SECTION GC
GENERAL CONDITIONS
Section
GC-01
GC-02
GC-03
GC-04
GC-05
GC-06
GC-07
GC-08
GC-09
GC-10
GC-11
GC-12
GC-13
GC-14
GC-15
GC-16
GC-17
GC-18
GC-19
GC-20
GC-21
GC-22
GC-23
GC-24
GC-25
GC-26
GC-27
GC-28
GC-29
GC-30
GC-31
GC-32
GC-33
GC-34
GC-35
GC-36
INDEX TO ARTICLES OF GENERAL CONDITIONS
Definitions
Additional Instructions and Detail Drawings
Schedules, Reports and Records
Drawings and Specifications
Shop Drawings
Materials, Services and Facilities
Inspection and Testing
Substitutions
Patents
Surveys, Permits and Regulations
Protection of Work, Property and Persons
Supervision by Contractor
Changes in the Work
Changes in Contract Price
Time for Completion
Correction of Work
Subsurface Conditions
Suspension of Work, Termination and Delay
Payments to Contractor
Acceptance of Final Payment as Release
Insurance
Contract Security
Assignments
Indemnification
Separate Contracts
Subcontracting
Engineer's Authority
Land and Rights-of-Way
Guarantee
Taxes
Work Adjacent to Railway or Other Property
Order and Discipline
Warning Devices and Signs
Special Restrictions
As-Built Drawings
Allowances
12
14
14
14
15
15
15
16
16
16
17
17
18
18
18
18
19
19
21
21
21
22
23
23
23
24
24
24
24
25
25
25
25
25
25
25
Paqe
11
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.
1.
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 or proposal for the work.
4.
BONDS:
Bid, Performance and Payment Bonds and other instruments of security furnished by
the Contractor and his Surety in accordance with the Contract Documents. .
5. CHANGE ORDER: A written order to the Contractor 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, but not limited to, Request for Proposals,
Advertisement for Bids, Information for Bidders, 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 Contractor 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. CONTRACTOR: The person, firm or corporation with whom the Owner has executed the
Agreement.
11. 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 Engineer.
12. ENGINEER: The person, firm or corporation named as such in the Contract Documents. For
purposes of this contract, the Assistant Director of Public Services Department,
Facilities Management Division or his designated representative shall act as the
Engineer.
13. 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 Engineer to the Contractor
during construction.
14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the
successful Bidder.
15. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor
authorizing him to proceed with the work and establishing the date of commencement of
the work.
12
16.
OWNER:
For purposes of this Request for Bids, the Owner is Augusta, Georgia.
17.
PROJECT:
The undertaking to be performed as provided in the Contract Documents.
18. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is
assigned to the project or any part thereof.
19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data
which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or
Distributor, which illustrate how specific portions of the work shall be fabricated or
installed.
20. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a
technical nature or materials, equipment, construction systems, standards and
workmanship.
21. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or
any other Subcontractor for the performance of a part of the work at the site.
22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the
project or a specified part can be utilized for the purposes for which it is intended.
23. 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.
24. 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.
25. 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.
26. 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.
13
GC-02.
ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS:
1. The Contractor may be furnished additional instructions or detail drawings, by the Engineer, as necessary
to carry out the work required by the Contract Documents.
2. Any additional drawings and instructions thus supplied will become a part of the Contract Documents.
The Contractor shall carry out the work in accordance with the additional detail drawings and instructions.
GC-03.
SCHEDULES. REPORTS AND RECORDS:
1. The Contractor 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 Contractor 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.
3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the
course of the work.
GC-04.
DRAWINGS AND SPECIFICATIONS;
1. The intent of the Contract Documents is to describe the scope of work for which the Contractor 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 Engineer, in writing, who shall promptly correct such
inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such
discrepancies, inconsistencies or ambiguities shall be done at the Contractor'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 Contractor 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 Contractor 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 Contractor, 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.
14
GC-05.
SHOP DRAWINGS:
1. The Contractor shall provide 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 Engineer
shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release
the Contractor 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 Engineer's review, shop drawings shall bear the Contractor'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 drawings or sample submission shall not commence until the shop
drawings or submissions have been approved by the Engineer. A copy of each approved shop drawing
and each approved sample shall be kept in good order by the Contractor at the site and shall be available
to the Engineer.
GC-06.
MATERIALS. SERVICES AND FACILITIES:
1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor
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.
2. Materials and equipment shall be stored so 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 Contractor and
approved by the Engineer.
5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor 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:
1. 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 Contractor shall provide, at his expense, the necessary testing, inspection and certification services
required by the Contract Documents, unless otherwise provided.
3. 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
Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor will then
furnish the Engineer the required certificates of inspection, testing or approvaL
'15
5. Neither observation by the Engineer nor inspections, tests or approvals by persons other than the
Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the
requirements of the Contract Documents.
6. The Engineer 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 Contractor 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 Engineer, it must, if requested by the
Engineer, be uncovered for his observation and replaced at the Contractor's expense.
,8. If any work has been covered which the Engineer has not specifically requested to observe prior to its
being covered or if the Engineer considers it necessary or advisable that covered work be inspected or
tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make
available for observation, inspection or testing as the Engineer 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 Contractor 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
Contractor 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 Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be done
or materials used without suitable supervision and inspection by the Engineer. The Contractor shall
furnish the Engineer with necessary samples of material for testing purposes.
GC-08.
SUBSTITUTIONS:
1 . 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 Contractor 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 Engineer, such material, article or piece of equipment is of equal substance and function to
that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential
shall be deducted from the contract price and the Contract Documents shall be appropriately modified by
change order. The Contractor 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 Contractor without a change in the contract price or
contract time.
GC-09.
PATENTS:
1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or c1aimsfor
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 Contractor 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 Engineer.
GC-10.
1. The Owner shall furnish all land surveys and establish all base lines for locating the princfPafto~"::':';
parts ofthe work together with a suitable number of benchmarks adjacent to the work as shown in the
16
SURVEYS, PERMITS AND REGULATIONS:
Contract Documents. From the information provided by the Owner, unless otherwise specified in the
Contract Documents, the Contractor 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 Contractor 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
Contractor. The Contractor 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 Contractor observes that
the Contract Documents are at variance therewith, he shall promptly notify the Engineer 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:
1. The Contractor 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 Contractor 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 prosecution of the work may affect them. The Contractor will remedy all damage, injury
or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, 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 Engineer 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 Contractor.
3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the
Contractor, without special instructions or authorization from the Engineer or Owner, shall act to prevent
threatened damage, injury or loss. He will give the Engineer 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 Contractor until finished and
accepted, except to damage or injury caused directly by the Owner's agents or employees.
GC-12.
SUPERVISION BY CONTRACTOR:
1. The Contractor will supervise and direct the work. He will be solely responsible for the means, methods,
techniques, sequences and procedures of construction. The Contractor will employ and maintain on the
work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor
as the Contractor's representative at the site. The supervisor shall have full authority to act on the behalf
of the Contractor and all communications given to the supervisor shall be as binding as if given to the
Contractor. The supervisor shall be present on the site at all times as required to perform adequate
supervision and coordination of the work.
17
GC-13.
CHANGES IN THE WORK:
1. 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 Engineer, also, may at any time, by issuing a field order, make changes in the details of the work.
The Contractor shall proceed with the performance of any changes in the work so ordered by the
Engineer unless the Contractor 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 Engineer written notice thereof within ten (1 O) 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:
1. 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
1.2
1.3
Unit prices previously approved.
An agreed lump sum. .
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.
GC-15.
TIME FOR COMPLETION:
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.
2. The Contractor 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 Contractor 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.
GC-16.
CORRECTION OF WORK:
1. The Contractor shall promptly remove from the premises all work rejected by the Engineer for failure to
comply with the Contract Documents, whether incorporated in the construction or not and the Contractor
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 Contractors
destroyed or damaged by such removal or replacement.
2. All removal and replacement work shall be done at the Contractor's expense. If the Contractor 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 Contractor.
3. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall not
be construed to be an acceptance of any defective work or material. The Contractor 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 Contractor's expense or in case the Engineer shall not consider the
defect of sufficient importance to require the Contractor to rebuild or repla(te any imperfect work or
18
material, he shall have the power and is hereby authorized to make an equitable deduction from the
stipulated price.
GC-17.
SUBSURFACE CONDITIONS:
1 . The Contractor 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.
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 Contractor 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 Contractor, by written notice to the
Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume
that work on the date so fixed. The Contractor 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 Contractor 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 Contractor 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 Engineer, or if, in the opinion of the Engineer, the Contractor
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 Contractor and his Surety a minimum of ten (1 O) days from delivery of a written notice, terminate the
services of the Contractor and take possession of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor and finish the work by whatever
method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further
payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and
indirect costs of completing the Project, including compensation for additional professional services, such
excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay
the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and
incorporated in a Change Order.
3. The Contractor must obtain permission from the Engineer before any equipment can be removed from
the job site. In the event such equipment is removed without the Engineer'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
Contractor as a result of moving the equipment shall be absorbed by the Contractor.
4. Where the Contractor's services have been so terminate by the Owner, said termination shall not affect
any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention
19
or payment of monies by the Owner due the Contractor will not release the Contractor from compliance
with the Contract Documents.
5. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, 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 Contractor shall be paid for all work executed and any expense
sustained plus reasonable profit.
6. If, through no act or fault of the Contractor, 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 Engineer fails to act on any
request for payment within thirty (30) days after it is submitted or the Owner fails to pay the Contractor
substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation,
then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the
Engineer, terminate the Contract and recover from the Owner payment for all work executed and all
expenses sustained. In addition, and in lieu of terminating the Contract, if the Engineer has failed to act
on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor
may, upon ten (10) days notice to the Owner and the Engineer, 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.
7. 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 Engineer 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 Contractor for the costs and
delays necessarily caused by the failure of the Owner or the Engineer.
GC-19.
PAYMENTS TO THE CONTRACTOR:
1. Between the first (1st) and the fifth (5th) of each month, the Contractor will submit to the Engineer a
partial payment estimate filled out and signed by the Contractor on an approved form covering the work
performed during the period covered by the partial payment estimate and supported by such data as the
Engineer 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. Engineer 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 Contractor indicating in writing his reasons for refusing to
approve payment. In the latter case, the Contractor 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 Contractor 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, may 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 fulljincluding retained percentages,less authorized
deductions.
2. 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.
3. 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 Contractor of the sole responsibility for the care and
protection of the work, material and equipment upon which payments have been made or the restoration
20
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 Engineer 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 Contractor, including the retained percentages shall
be paid to the Contractor, 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
Contractor 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 Contractor fails to do so, the Owner may,
after having notified the Contractor, either pay unpaid bills or withhold from the Contractor'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
Contractor 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
Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so
made by the Owner shall be considered as a payment made under the Contract Documents by the
Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made
in good faith.
5. If the Owner fails to make payment 30 days after approval by the Engineer, in addition to other remedies
available to the Contractor, there may be added to each such payment, interest at a maximum rate of 1 %
per month commencing on the first day after said payment is due and continuing until the payment is
received by the Contractor.
GC-20.
ACCEPTANCE OF FINAL PAYMENT AS RELEASE:
1. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner
of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically
excepted by the Contractor 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 Contractor or his Sureties from any obligations under the Contract
Documents or the Performance Bond and Payment Bonds.
/
GC-21.
INSURANCE:
1. The Contractor 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 Contractor'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 personas a result of an offense directly or indirectly related to the employment of such
person by the Contractor or (2) by any other person; and
21
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 Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability
insurance as hereinafter specified.
3.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage
issued to the Contractor 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 Contractor or by a
Subcontractor under l=1im. 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 anyone person in anyone 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 $200,000 for all property damage
sustained by anyone person in anyone accident; and a limit of liability of not less than $500,000
for any such damage sustained by two or more persons in anyone accident.
3.2 The Contractor 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 Contractor
and Subcontractor as their interest may appear. This provision shall in no way release the
Contractor or Contractor's Surety from obligations under the Contract Documents to fully
complete the Project.
4. The Contractor 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 Contractor 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 Contractor. In
case aoy class of employees engaged in hazardous work under this Contract atthe site of the Project is
not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each
Subcontractor to provide adequate and suitable insurance for the protection of his employees not
otherwise protected.
5. The Contractor 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
Contractor, the Engineer and the Owner.
GC-22.
CONTRACT SECURITY:
1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with
a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price,
conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions
and agreements of the Contract Documents and upon the prompt payment by the Contractor to all
persons supplying labor and materials in the prosecution of the work provided by the Contract
Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed
to transact business in the state in which the work is to be performed and named on the current list of
"Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular
22
Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on
any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to
be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor
shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds)
in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner.
The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due
nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner.
GC-23.
ASSIGNMENTS:
1. Neither the Contractor 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:
1 . The Contractor will indemnify and hold harmless the Owner and the Engineer 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 Contractor 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 Engineer or any of their agents or employees, by an
employee of the Contractor, 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
Contractor or any Subcontractor under Workman's Compensation acts, disability benefit acts or other
employee benefits acts.
3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his
agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports,
surveys, change orders, design or specifications.
GC-25.
SEPARATE CONTRACTS:
1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall
. afford other contractors 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 Contractor's work depends upon the work of any other Contractor,
the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it
unsuitable for such proper execution and results.
2. The Owner may perform additional work related to the Project by himself or he may let other contracts
containing provisions similar to these. The Contractor will afford the other Contractors 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 Contractors 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 Contractor
prior to starting any such additional work. If the Contractor 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.
23
GC-26.
SUBCONTRACTING:
1. The ContraCtor 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 Contractor 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 Contractor 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 Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to
bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable
to the work of Subcontractors and to give the Contractor the same power as regards terminating any
subcontract that the Owner may exercise over the Contractor 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.
ENGINEER'S AUTHORITY:
1. The Engineer 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 Engineer will
make visits to the site and determine if the work is proceeding in accordance with the Contract
Documents.
2. The Contractor 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 may be made at the factory or fabrication
plant or the source of material supply.
3. The Engineer will not be responsible for the construction means, controls, techniques, sequences,
procedures, or construction safety.
4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents.
GC-28.
LAND AND RIGHTS-OF-WAY:
1 . The Owner shall provide the Contractor information which delineates and describes the land owned and
right-of-way acquired.
2. The Contractor shall provide at his own expense and without liability to the Owner any additional land or
building and access thereto that the Contractor may desire for temporary construction facilities, or for
storage of materials.
GC-29.
GUARANTEE:
1. The contractor 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 partK~bbr: . -. -'
24
GC-30.
TAXES:
1. The Contractor 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 Contractor 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 Engineer.
GC-32.
ORDER AND DISCIPLINE:
1. The Contractor shall at all times enforce strict discipline and good order among his employees and any
employee of the Contractor 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 Engineer and he shall not again be employed on the workout with the Engineer's written
. consent.
GC-33.
WARNING DEVICES AND SIGNS:
1. The Contractor shall furnish, erect, paint and maintain appropriate warning devices in and around the
construction area.
GC-34.
SPECIAL RESTRICTIONS: Not Used for this Project
GC-35.
AS-BUILT DRAWINGS: Not Used for this Project
GC-36.
ALLOWANCES: - Not Used for this Project
25
SECTION SGC
INDEX TO SUPPLEMENTAL GENERAL CONDITIONS
SECTION
TITLE
SGC-01.
Contractor'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.
CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a
breakdown showing estimates of all costsapportioned 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 all 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 final acceptance of any
work or relieve the Contractor from any of the requirements of the Contract Documents.
SGC-03.
CLEAN.:.UP:
The Contractor 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 Engineer. Periodic Cleaning will be scheduled by a representative of the owner.
SGC-04.
MAINTENANCE OF TRAFFIC AND OPERATIONS:
The Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard
arising out of the Contractor'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 Contractor 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 causethe least possible hazard therefrom.
Should the Contractor 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 Contractor. Detours and traffic controls are to be reviewed by Traffic Engineering before
implementation.
SGC-05.
MAINTENANCE OF ACCESS:
The Contractor 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 Contractor
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 Contractor 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 Contractor 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 Contractor 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. Contractor, 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:
Contractor 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. Contractor 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 Contractor shall coordinate his work with the Traffic Engineering Section of the Augusta Engineering
Department and the Richmond County Sheriffs Department as required for traffic control. All construction shall be
in accordance with the contract documents and applicable codes and regulations.
SC-03.
OPERATION AND STORAGE AREAS:
The nature of this project does not provide for secure storage on the job site. The owner will not be responsible
for providing security for any stored materials, on site or off.
SC-04.
PRESERVATION OF EXISTING VEGETATION:
The Contractor 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 Engineer.
SC-05.
CLEAN-UP:
The Contractor 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 Engineer.
28
t.e: 7/19/07
Time: 3:45 PM To: horizon a 7082108625
Page: 001-002
AC.OBQ,.
OATE CIDIIIQI'l't'N)
CERTIFICATE OF LIABILITY INSURANCE 01/05/2007
THIS c~TE IS ISSUED AS A IlATTER OF INFORIIAnoN
ONLY AMD CONFERS NO RIGHTS UPON THE CERTlRCATE
HOLDER. THIS CERllfICAlE DOES NOT AIIEND, EXTEND OR
THE COVERAGE D BY THE pC) S BELOW.
FAX (706)738-4063
~o~c~ (706)733-G888
Da..$OIl Taylor & Caupany
P.O. Box 147Z9
3510 Wheeler Rd.
Augus~a. GA 30919
INSUIEl "or zoo. Const:l"Uct:ion &. ASsoc1a1:es.
P.O. Box 798
Evans. GA 30809
Inc.
INSURERS AFFORDING cOVERAGE
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Augusta Rictaond County
License and Penni1: Depa~
P. O. Box 9270
Augu~a. GA 30916-9270
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Michael J. Ta lor Jr./LA ~,.,
<ilACORD CORPORATION 1988 .
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