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HomeMy WebLinkAboutAugusta Levee Tree Removal & Maintenank Augusta Richmond GA DOCUMENT NAME: 4 U 5 u S TAL E' " ~ G I~IS~ Q 6 VI? 0 V .q /.., ~ yY\ f}1'" 'no- AM,;!..- DOCUMENT TYPE: Q. ON r (LAC-" YEAR: I q 9 q BOX NUMBER: "7 FILE NUMBER: J Y 1 q ~ NUMBER OF PAGES: 57 I 1 I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS FOR AUGUSTA LEVEE TREE REMOVAL & MAINTENANCE PROJECT NO. 98-005 I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS SECTION CONTRACT PROVISIONS TITLE NO. OF PAGES ADV Advertisement for Bids 2 IFB Information For Bidders 2 P Proposal 2 BB Bid Bond 1 NA Notice of Award 1 A Agreement 2 BS Bid Schedule 1 PB Performance Bond 2 LMPB Labor & Material Payment Bond 3 COA Certificate of Owner's Attorney 1 NP Notice to Proceed 1 GC General Conditions 19 SGC-O Index to Supplemental General 1 Conditions SGC Supplemental General Conditions 3 SC-O Index to Special Conditions 1 SC Special Conditions 1 TS-O Index to Technical Specifications 3 DWG-O Drawings 6 TS Technical Specifications 1 Clearing and Grubbing Grassing TS-02-l - I I I I I I I I I I I I I I I I I I I I ADVERTISEMENT FOR BIDS SEALED BIDS for the Augusta Levee Tree Removal and Maintenance in Augusta, Georgia, including all materials. tools. machinery. etc. together with appurtenances, hereinafter referred to by proj ect name as BID ITEM # 99~020 Augusta Levee Tree Removal and Maintenance PROJECT NUMBER: 98-005 will be received by the AUGUSTA-RICHMOND COMlVIISSION at the Purchasing Department, Room 605 Municipal Bldg., 530 Greene Street, Augusta, GA 30911, until then is referred to as the OWNER, at the office of the Purchasing Director, Room 605, Municipal Building until 3:00 p.m. on the 01 day of March. 1999, at which time all bids will be publicly opened and read in the presence of those interested. All work shall be in accordance with the Contract Documents of the Augusta- Richmond County Engineer and Director of Public Works, hereinafter referred to as the Engineer. Copies of the Contract Documents may be examined during regular business hours at the Engineering Office, 7th Floor, Municipal Building, Augusta, Georgia or at the following locations: The F. W. Dodge Division Plan Room Augusta, Georgia The Augusta Builders Exchange Augusta, Georgia Copies of the Contact Documents for bidding purposes may be obtained at the office of the Purchasing Director upon payment of Twenty-Five I>ollars ($25.00) for each set. (Non- refundable) Bids shall be addressed to Augusta-Richmond County Commission, c/o Purchasing Director, Municipal Building, Augusta, Georgia 30911, marking the envelope "Bid for Augusta Levee Tree Removal and Maintenance." Bids shall be completed and submitted as described in the Information for Bidders section of the Contract Documents. A 10% Bid Bond, 100% Performance Bond, and a 100% Labor and Material Payment Bond will ~~ required. "." No bid may be withdrawn for a period of Sixty (60) days after the date and time set " for the receipt of bids. ADV-l I I I I I I I I I I I I I I I I I Bidders are cautioned that sequestration of bidding documents through any source other than the office of the Purchasing Department is not advisable. Acquisition of bidding documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his proposal. It is the wish of the Owner that minority businesses be given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free . market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. The Owner reserves the right to waive any informalities in bidding and to reject any or all bids. Geri A. Sams, Purchasing Director Augusta-Richmond County Consolidated Government Date: Advertised in Augusta Chronicle, Feb. 3. 8. 15.22. 1999 Augusta Focus, Feb. 4. 1999 . . ADV -2 . I I I I I I I I I I I I I I I I INFORMATION FOR BIDDERS Bids will be received by Augusta-Richmond County Commission-Council, Augusta, Georgia, (hereinafter called the "Owner"), at the office of the Purchasing Director until am. , and then at said office publicly opened and read aloud. Each bid must be submitted in a sealed envelope, addressed to Mayor and Augusta- Richmond County Commission-Council at City-County Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as bid for "Augusta Levee Tree Removal and Maintenance" and the envelope should bear on the outside the name of the bidder, his address and his license number, if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Mayor and Augusta~Richmond County Commission, c/o Purchasing Director, City-County Municipal Building, Augusta, Georgia 30911. All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. Bidders must satisfy themselves as to the scope of the examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Contract Documents contain provisions' required for the completion of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to the Owner for ten percent of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of a bid bond. A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful . performance of the Contract. . . - - - IFB-l . I I I I I I I I I I I I I I I I I I I Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their Power-of-Attorhey. The party to whom the Contract is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The Notice of Award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement, the . Owner may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner. The Owner, within ten (10) days of receipt of acceptable performance bond, payment bond and. Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. The Notice to Proceed shall be issued within ten days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the Contractor. If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein. A conditional or qualified bid will not be accepted. Award will be made as a whole to one bidder. All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the Contract. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any ofthe foregoing shall in no way relieve any bidder from any obligation in respect to his bid. The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the Owner. The engineer is the Augusta-Richmond County Public Works Director or his designated representative. IFB-2 I I I I I I I I I I I I I I I I PROPOSAL FOR Augusta Levee Tree Removal and Maintenance Augusta-Richmond County Commission-Council Municipal Building Augusta, Georgia 30911 Gentlemen: follows:. . The undersigned as bidder, herein referred to as singular and masculine, declares as 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He understands that information relative to existing structures and underground utilities as furnished to him on the drawings, Contract Documents or by the Engineer, carries no guarantee expressed or implied as to its completeness or accuracy and he has made due allowances therefore; 4. He has made a personal examination of the site of the proposed work and has satisfied himself 3$ to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted, he will contract with Augusta- Richmond County Commission-Council, Augusta, Georgia, to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish all materials called for in accordance with requirements of the Engineer and the true intent of the Contract Documents and that he will take in full payment lump sum. NOTE: Bidders must bid on the item. The Contract covering the construction of all work described above will be completed within calendar days from the date specified in the "Notice to Proceed" of the Augusta- Richmond County Engineer for: Dollars ($ .~ subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in Section 15 of the General Conditions. It is understood that the Owner reserves the right to reject any or all proposals or to accept any.proposal as deemed to be to the best interest of the Owner. . It is also understood that the following addenda as issued during the bid period shall . be included as part of the Contract Documents: . ii Addendum Date P-1 I I I I I I I I I I I I I I I I The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will, within tell (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner with satisfactory performance and payment bonds in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or a Certified Check in the amount of Dollars ($ ) being not less than ten (10%) percent of the total base bid sum. Should the' bidder fail to execute the Contract and furnish the Performance and Payment Bonds in case this proposal is accepted, the Owrier shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check, it may be cashed by the Owner and the amount received shall Qecome the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned, by submittal of this proposal, agrees that the above stated amount is proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Name of Bidder Signature & Title of Authorized Representative Business Address City and State Date: P-2 I I I I I I I I I I I I I I I I I I I AUGUSTA LEVEE TREE REMOVAL MAINTENANCE AUGUSTA-RICHMOND COUNTY PROJECT NO. 98-005 ITEM I DESCRIPTION UNIT QTYI UNIT PRICE I AMOUNT I 1 REACH "Aft L.S. 1 EA. I C:::?? f;4n I$?? j::;l1n I I I I 2 REACH "Sft IL.S. 11 EA. I $ 6,100 $ 6,100 I , 3 , REACH "Cft I IL.S. 1 EA. I $16,700 $16 700 I I 4 I REACH "Oft 'L.S. . 1 EA. I $ 7,240 1$ 7,240 I , I 5 I I REACH "P' IL.S. 1 EA.' $90,115 1$90,115 I I I 6 I CLEANING OF !L.S. 4EA.1 ~ Y,lOO 1$ 9,200 I I GATE STRUCTURES I I I I , ! I TOTAL CONSTRUCTION PRICE I I I 1$151..995 I I I AL TERNA TE: Deduct for free usage of I I , I , Augusta-Richmond County Landfill and I I I I Lum Sum 1$ 100 Mulching Site. I I I I I I I ! I I , I I I I iREACH "Aft 1$ 100 I I I I I I I I I I I I REACH "Sft 1$ 100 I I I I , I I I I I I i REACH "Cft 1$ 100 I I I I , I I I I I I I REACH "Oft 1$ 100 I I I I , I I I ! I I ; REACH "P' 1$ 100 I I I I I I I I I I I I I GATE STRUCTURES, $ 1 () () I I I I , I , I I I I , iTOTAL DEDUCTION 1$ 700 I I I I I I I I I I I I I I I I , I I I I I I I I I I I I i , I I i , I I I I , I I I i I , I I I I , I I I I I I I I I I I I I , I I I I I I I I I I I I I I I I I , , I ! _ LEVEl! me RalOVAI. TAIILl! I I I I I I I I I I I I I I I I I I I / .' SECTION BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto Augusta- Richmond County Commission-Council, Augusta, Georgia, as Owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this day of . 1999. The condition of the above obligation is such that whereas the Principal has submitted to Augusta-Richmond County Commission-Council, Augusta, Georgia a certain Bid, attached hereto and hereby made a part hereof to enter into a Contract in writing for the construction of Augusta Levee Tree Removal and Maintenance. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set these hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. 1.S. (Principal) (Surety) By ATTORNEY IN FACT SEAL BB-l I I I I I I I I I I I I I I I I I I I SECTION NA NOTICE OF AWARD TO: PROJECT DESCRIPTION: Augusta Levee Tree Removal and Maintenance. The Owner has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated . and Information for Bidders. $ You are hereby notified that your BID has been accepted for items in the amount of You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within Ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within Ten (10) 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 BID 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. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of .1999. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged on this _ day of .1999. BY: TITLE: NA-l I I I I I I I I I - SECTION A AGREEMENT THIS AGREEMENT, made this -"z day Of~, 1999, by and between the Augusta-Richmond County Commission-Council as Successors by Consolidation to the City Council of Augusta, hereinafter called "Owner" and L-J Inc. doing business as a corporation hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor will commence and complete Augusta Levee Tree Removal and Maintenance. 2. The Contractor will furnish all material, supplies, tools, equipment, labor 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 Ten (10) calendar days after the date of the Notice to Proceed and will complete same within 140 calendar days unless the period of completion is extended otherwise by the Contract Documents. iii . 4. The Contractor agrees to perform all the work described in the Contract Documents for the lump sum of$ 151,995.00 5. The term "Contract Documents" means and includes the following: Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance/Payment Bond Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General Conditions Special Conditions Technical Specifications Drawings Addenda: No. _, dated , 19_. A-I I I I I I I I I I I I I I I I I I I I No. _, dated , 19_. No. -' dated , 19_. 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. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in Six (6) copies each of which shall be deemed an origin~1 on the date first above written. NAME: 1. . . o GUSTA-RICHMOND COUNTY COMMISSION-COUNCIL (SEAL) tp~ ATTEST: TITLE: , N4~ / . ~~. - - , . t.__;- , :. ' J1Wf CONTRACTOR: L - :fJ .,,",C. By:flo-JN1. ~ TITLE: NAME: 'DAVID fJ1. tA;.'ie1Z-- (Type or Print) ATT / ~ '//...- ADDRESS: 2Zo S1ONGlZiI>6t j),z. Co,-uMEStA, sc.. 2-~z..IO \J\G€ '?eesID~ TITLE: A-2 I. I I -) [I fI I (I fI fI I I I I II !:-i'..: -[1-- ~ [I b f"'.... . ,..-,.. '. II' SECTION B PERFORMANCE BOND NOTE: TIllS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB 2, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That L-J, Inc., Columbia. SC . as Principal, hereinafter called Contractor, and_ Fireman's Fund Insur;:!nc-p cnmpki:iyrporation organized and existing under the laws of the State otalifornia with its principal.Dffice in the C.ity O>>nv;:! tQ State pf C;:! 1 ifnrni;:!' .. as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council, Augusta, Georgia, as Obligee, hereinafter called the Owner, in the penal amount of *** Dollars ($ *** ) 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. *** . One Hundred Fifty-One Thousand, Nine Hundred Ninety-Five and No/100 Dollars ($151,995.00) WHEREAS, Contractor has by said written agreement dated entered into a Contract with Owner for the construction of the Augusta Levee Tree Removal and Maintenance. Augusta, Georgia, in accordance with the drawings and specifications issued by 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 the 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. Owner. The Surety hereby waives notice of any alteration or extension of time made by the Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a Contract between such bidder and OwneJ, 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 ofth~ 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 PB-l I ~ rI II rl II II II II II II II II I I I I I [I Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this day of A.D. 1999. 4f L I<L, Attest~~ By.J)..JN{.e(seaI) DAVIt::> "". L.e'lEe( V. P. (Title) Witnes;rnOJ\l 0. Grl ('~ . Fireman's Fund Inourapte.(SeaI) COIPpa~tSurety) Attest MArl. ~~ A 'A ~\ Witness ' L-J. Inc. (Seal) (Contractor) " ~ .- ,. I" ;> -- 'F- ~ - B~~'1~~) .. La a W. Dennison, AttorneY-ln-Fact (Title) Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. / COUNTERSIGNED BY:MatM;'~~ b'1f RESIDENT . .NT PB-2 I I I -I I -II Fireman's Fund Insurance Compap.}\ corporation organized and existing under the laws of the State ofCaliforn}avith its 1 :,-1, 1 1 :~I ~ -; ! :1 :1 .. l f~;(' :. ~. ~~' J- ~,: ~ . ~ ~ SECTION PB LABOR AND MATERIAL PAYMENT BOND (NOTE: TillS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-l, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: That L-J. Inc.. Columbia. SC, as Principal, hereinafter called Contractor, and principal office in the City of Novato ,State of California , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of One Hundred Fifty-One Thousand, Nine Hundred Ninety-Five and No/IOO - Dollars (SSI,99S.o9 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated _entered into a contract with Owner for the construction of Augusta Levee Tree Removal and Maintenance, Augusta, Georgia in accordance with drawings and specifications issued by 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 the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance ofthe 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 i to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that . every claimant as herein defmed, who has not been paid in full before the expiration of a period : of ninety (90) days after the date on which the last of such 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 fmal judgement for such sum or sums as LMPB-l :j i I 1 11 fI (I Ci [I [i (I [J I I I :I I . I t 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, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or 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 business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Contractor 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 oflimitation permitted by such law. ( c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision ofthe 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 elsewhere. (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. LMPB-2 i> I I I I I 'I .1 1 '1 ~I , , -I l l ~I , / ~I '1 JI JI r. UI ~. i i Signed and sealed this day of A.D. 1999. .if /.. JI; r,-J. Inc. (Seal) ( Contractor) Attest ~~yMLNtth~~~) (Title) Witness':Cf\on h &- i' )~~ Fireman's Fund Insurance (Seal) ComPo/~:riy (Sur-ety), ~ Attest @Q tJJ;~ ~ Witness B~!!\~~Seal). · La ra W. Dennison, Attorney-in-Fact (Title) ; .,,_--1'"" Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. COUNTERSIGNED B~;~~ C/t RESiDENT' ENT LMPB-3 I FIREl\lAN'S FUND INSURANCE COl\1PANY NATIONAL SURETY CORPORATION ASSOCIATED INDEiVlJ.'1ITY CORPORATION THE AlVIERICAN INSURANCE COMPANY Al\IERICAN AUTOMOBILE lJ.'1SURANCE COMPANY I I GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURA.'1CE COMPANY. a California corpor:ltion. NATIONAL SURETY CORPORATION. :m lllinois corpomion. THE AMERICAN INSURANCE COMPANY. a N~w J~rsey corpor:ltion redomesticated in Nebr:lSka. ASSOCIATED INDEMNITY CORPORATION. a California corpor:ltion. :md A.."1ERICAN AUTOMOBILE INSURA..'1CE COMPANY. a Missouri corpor:ltion. (herein collectively called ~lhe Companies~) does each hereby appoint Laura W. Dennison and C. Criss Williams Jr., Columbia, SC I I lheir true and lawful Attorney(s)-in-Fact, wilh full power of aulhority hereby conferred in lheir name. place and stead. to ~xecute. SC:lI. acknowledge and deliver any and all bonds. undertakings. recognizances or olher written obligations in lhe natUre lhereof ------------------------------------------------------____ I and to bind lhe Comp:mies lhereby as fully and to lhe Silllle extent as if such bonds were signed by the President. sealed with lhe corpor:lte seals of the Companies and duly attested by lhe Companies: Secretary. hereby ratifying and confirming alllhat lhe said Attorney(s)-in-Fact may do in lhe premises. This power of attorney is gr:lllted under and by lhe aulhoriry of Article VII of lhe By-laws of FIREMAN'S FUND INSURANCE COMPANY. NATIONAL SURETY CORPORATION. THE A..'vIERICAN INSURANCE COMPA..'1Y. ASSOCIATED INDEMNITY CORPORATION and AMERICA..'1 AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect This power of attorney is signed and sealed under lhe aulhoriry of lhe following Resolution adopted by lhe Board of Directors of FIREMAN'S FUND INSUR.-\NCE COMPANY. NATIONAL SURETY CORPORATION. THE AMERICAN INSL'RANCE COMPANY. ASSOCIATED INDElvlNITY CORPORATION and AMERICA..'1 AUTOMOBILE INSURANCE COMPA..'1Y at a meeting duly called and held. or by written consent. on lhe 19th day of March. 1995. and said Resolution has not been amended or repealed: -RESOLVED. that lhe signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of the Companies. and lhe seal of lhe Companies may be affixed or printed on any power of attorney. on any revoc:ltion of any power of attorney. or on any certificate relating lhereto. by facsimile. and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon lhe Companies." IN WITNE5.S WHEREOF. the Comp~ies have caused lhese ...Qfesents to be signed by lheir Vice-President. and lheir corporate seals to be hereunto affixed this 21 day of October . 19y1S . I I I I I By ~~_ FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE A.."1ERICAN INSURANCE COMPANY ASSOCIATED INDEl'vtNITY CORPORATION AMERICAN AUTOMOBILE lNSURA..'1CE COMPANY ~\u'nllll"", ~,~' !\lE '''~''~ l~ ~~i;~.............'f!,~~~ i~"'-'-\\Z-~ ~rSE"L:S~ \:~...:~:.,,~~J ". .""./'IOUrs.'I>""",->' "'*'''''IIJ&'1,.\lI ~'..., h'...'~ i'~",. ~ ~.'... '. ~",. - ~/~.". ,. '#......~ '\ ~~i f1 lEi \;'\ ~/~J '\;.....,.. .4~..".$ ,~...\\:~..~.. -"" I STATE OF CALIFORNIA } ss. I COUNTY OF MARIN On lhis 21 day of October . 1998 . before me personally carne M. A. Mallonee to me known. who. being by me duly sworn. did depose and say: that he is a Vice-President of each company. described in and which executed the above instrument: lhat he knows the seals of the said Companies: lhatlhe seals affixed to lhe said instrument are such company seals: lh:lt lhey were so affixed by order of lhe Board of Directors of said companies and thai he signed his nilllle lhereto by like order. I IN lWITNESS WHEREOF. I ~a~::~ set my hard and affixed my official seal. th~ day and year herein first above Writte~n.. '~,. Commission # 1163726 r ~ :._. NotCJly Puolic . California ~ . i~ Mcrin County I 1_ MtCcmm.ExpresNov2S.2CDl :O;OIJr: Publo. . _ _ _ _ _ _ _ _ _ _ _ _ . CERTIFICATE STATE OF CALIFORNIA I I } 55. I COUNTY OF MARIN I. the undersigned. Resident Assistant Secretary of each company. DO HEREB Y CERTIFY that the foregoing and attached POWER OF ATfOR~EY remains in. full force and has nor been revoked: and furthermore that Artide V-H oi the By-laws of each company. and the Resolutiun of the Board of Directors: set t'orth in the Power or Attorney. are now in force. ..' I Resiloicnt As.'llIotant Secretary ~e~ . ~:...'~";u';"""", ({~~:~~j) -,.:*J. ,;;.._..', " . " ." lOUtS ..".~...." ""/tUttt..':"'."\ ~'\\iI"lIIhth"" ,"~~;(I"''''''# f ~~<:;'~'.~;.~~:\. \~:..~~.:.~:.J "'>......;;;-.. :/ .,~~,,\ I '1..clY'fQO 11 OQ '.:2. ,,$';, .-~ .7"'" ~ ~;,. ..~ ~ .~~ ~ .P_'~ , ;...":.:. :~i;: ::~ . ~~~ "1~ -- ~!!t -~.: ~.; f~ ;~. ;\[. .~. ~.~ c~ .~ -. :? .~I' .... ';:1 .;::,; .~ .~~....~ .....;,; i~ ..~ )t .1 '~ ~~ .:~ .~: t :1- :"'.' -"":~ . ;r:: I I I I I I I I I I I I I I I I I I I CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned . the authorized and acting legal representative of Augusta-Richmond County Commission-Council 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. Jim Wall, Attorney DATE: COA-l I I I I I I I I I I I I I I I I I I I SECTION NP NOTICE TO PROCEED TO: DATE: PROJECT: Augusta Levee Tree Removal and Maintenance. You are hereby notified to commence work in accordance with the Agreement dated , 1999, within Ten (10) calendar days following this date, the date first written above, and you are to complete the work within L) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore .1999. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted on this day of .1999. BY: TITLE: NP-l I I I I I I I I I I I I I I I I I I I SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section GC-Ol. Definitions GC-02. Additional Instructions and Detail Drawings GC-03. Schedules, Reports and Records GC-04. Drawings and Specifications GC-05. Shop Drawings GC-06. Materials, Services and Facilities GC-07. Inspection and Testing GC-08. Substitutions GC-09. Patents GC-lO. Surveys, Permits and Regulations GC-ll. Protection of Work, Property and Persons GC-12. Supervision by Contractor GC-13. Changes in the Work GC-14. Changes in Contract Price GC-15. Time for Completion and Liquidated Damages GC-16. Correction of Work GC-17. Subsurface Conditions GC-18. Suspension of Work, Termination and Delay GC-19. Payments to Contractor GC-20. Acceptance of Final Payment as Release GC-2l. Insurance GC-22. Contract Security GC-23. Assignments GC-24. Indemnification GC-25. Separate Contracts GC-26. Subcontracting GC-27. Engineer's Authority GC-28. Land and Rights-of-Way GC-29. Taxes GC-30.' Work Adjacent to Railway or Other Property GC-3l: O~der and Discipline GC-32. Warning Devices and Signs ,GC-33. Special Restrictions 'GC-34. As-Built Drawings GC-35. Contractor Not to Hire Employees of the Owner GC-l Page GC 2, 3, & 4 GC4 GC4 GC4 GC5 GC 5, 6 GC 6, 7 GC7 GC7 GC 7, 8 GC 8, 9 GC9 GC9 GC9 GC 10 GC 10, 11 GC 11 GC 11, 12, 13 GC 13, 14 GC14 , GC 14, 15, 16 GC 16 GC 16 GC 16, 17 GC 17 GC 17, 18 GC 18 GC 18 GC 18 GC 18, 19 GC 19 GC19 GC19 GC 19 GC19 I I I I I I I I I I I I I I I I I I I GC-Ol. 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 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 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. GC-2 I I I I I I I I I I I I I I I I I I I 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. 16. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. 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 site 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. GC-3 I I I I I I I I I I I I I I I I I 26. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and 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 persoI?- to said party or his authorized representative on the work. GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS: 1. The Contractor may be furnished additional instructions and detail drawings, by the Engineer; 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 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 drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work 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. 2. . . In' case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications 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. GC-4 I I I I I I I I I I I I I I I 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 and 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. GC-OS. SHOP DRAWINGS: 1. The Contractor shall provide shop drawings 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 which substantially deviates 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 drawing or sample submission shall not begin until the shop drawing or submission has 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: ii - . 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, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time. 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. GC-5 I I I I I I I I I I I I I I I I 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 constniction 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 and inspection 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 than 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. 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. I . 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, GC-6 I I I I I I I I I I I I I I I I I I I 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 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 Contractor has reason to believe that the design, process or product specified is an irifringement of a patent, he shall be responsible for such loss unless he promptly gives such inf~rmation to the Engineer. GC-IO. SURVEYS. PERMITS AND REGULATIONS: I I 1. 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 th~ work as shown in the Contract Documents. From the information provided by the Owner, GC-7 I I I I I I I I I I I I I I I I I I I 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 arid licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. 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 GC13, CHANGES IN THE WORK. GC-ll. 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 utilities 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 t~e fault or negligence of the Contractor. i I 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 oJ Owner, shall act to prevent threatened damage, injury or loss. He will give the Enginee~ 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. GC-8 I I I I I I I I I I I I I I I I 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. 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 Docmnents 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 (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: 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 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. . . GC-9 I I I I I I I I I I I I I I I I I GC-15. TIME FOR COMPLETION AND LIOUIDATED 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. 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. 3. If the Contractor shall fail to complete the work within the Contract time or extension of time granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages as specified in the bid for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. 4. If the Contractor has promptly given written notice of a time delay to the Owner or Engineer. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following: 4.1 To any reference, priority or allocation order duly issued by the Owner. 4.2 To uhforeseeable causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor 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: 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 Docwnents 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 due to rejected 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. - . . - GC-lO I I I I I I I I I I I I I I I I 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 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: 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 ifhe 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, ifhe 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. Ifth~ Contractor is adjudged banlaupt or insolvent, or ifhe 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 banlauptcy or applicable laws or ifhe repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors 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 GC-ll I I I I I I I I I I I I I I I I 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 often (10) days from delivery ofa 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 Own~r 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 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 GC-12 I I I I I I I I I I I I I I I 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 (10) 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 (10) 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, shall reduce retainage 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. 2. The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored 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 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 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, material men and furnishers of machinery and parts thereof, equipment, tools GC-13 I I I I I I I I I I I I I shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature design~ted 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 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 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 others 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 I person other than his employees, I GC-14 I I I I I I I I I I I I I I I I 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 Contractor 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 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 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 anyone person in anyone accident; and a limit ofliability 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 anyone person in anyone accident; and a limit of liability of not less than $200,000 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, W orlanan'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 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 Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. GC-15 I I I I I I I I I I I I I I I I I I I 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 the Contract price totaled in the bid. 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 Docwnents 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 Docwnents. 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 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. The 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 oftangible 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. GC-16 I I I I I I I I I I I I I I I I I I I 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-2S. SEPARATE CONTRACTS: 1. The Owner reserv,es 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. 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 offifty (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. GC-17 I I I I I I I I I I I I I I I I I . 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 and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-29. 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-30. WORK ADJACENT TO RAIL WAY 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 GC-18 I I I I I I I I I I I I I I I I I I I 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-31. 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-32. WARNING DEVICES AND SIGNS: 1. The Contractor shall furnish, erect, paint and maintain warning devices when construction is on or near public streets for the protection of vehicular and pedestrian traffic. Such devices \'fill be in accordance with the "Manual on Uniform Traffic Control Devices for Street and Highways", Current Edition and the "Traffic Control for Highway Construction and Maintenance Operations," Section III-I through III -75. 2. On a 20" x 30" sign, mounted on a solid post, 8 feet above the ground, indicating the name and night phone number of the Contractor in 4" letters, shall be erected at each end of the project throughout the construction and maintenance periods. The Contractor may remove the sign following the maintenance period. GC-33. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness or on Sunday without written permission of the Owner. GC-34. AS-BillLT DRAWINGS: The contractor 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 comers, fence comers, 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 contractors 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 on inch letters "As-Built Drawings". GC-35. . CONTRACTOR NOT TO HIRE EMPLOYEES OF THE OWNER: 1. The Contractor shall not employ or hire any of the employees of the Owner. GC-19 I -. I I SECTION SGC-Ol. I SGC-02. I SGC-03. SGC-04. . I SGC-05. I SGC-06. SGC-07. I SGC-08. I SGC-09. SGC-lO. I SGC-ll. I SGC-12 I I I I I I I I SECTION SGC-O INDEX TO SUPPLEMENTAL GENERAL CONDITIONS TITLE Rights-of- Way Estimate of Quantities Contractor's Breakdown of Lump Sum Payment Items Prior Use by Owner Cleaning Up Maintenance of Traffic Maintenance of Access Erosion Control and Restoration of Property Bypassing Sewage Safety and Health Regulations Pre-Construction Conference Non-Related General Conditions And Supplemental General Conditions SGC-O-O I I I I I I I I I I I I I I I I I I SECTION SGC-O INDEX TO SUPPLEMENTAL GENERAL CONDITIONS SGC-Ol. RIGHTS-OF-WAY: The Owner will furnish all land and rights-of-way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said lalld and rights-of-way as speedily as possible. But it is possible that all land and rights-of-way may not be obtained as herein contemplated before construction begins, in which event the Contractor shall begin his work upon such land and rights-of-way as the Owner may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way. Should the Owner be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the Owner; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the Owner. SGC-02. ESTIMATE OF QUANTITIES: The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. SGC-03. 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 costs apportioned to the major elements of 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-04. PRIOR USE BY OWNER: Prior to completion of the work, the Owner may take over the operation and/or use of the incompleted 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 Contractor from any of the requirements of the Contract Documents. SGC-O-l . . I I I I I I I I I I I I I I I I I I I SGC-OS. CLEANING 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. Period cleaning will be scheduled by a representative of the owner. SGC-06. MAINTENANCE OF TRAFFIC: In any work within the public right-of-way, 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 cause the 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-07. MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to business establishments during all time they are open for business, to churches, schools and other institutions during the time they are open and to all residential and other occupied buildings or facilities at all times. 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-08. 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 include protective measures in places before land disturbing activities begin in accordance with Federal, State and Local Ordinances covering soil erosion and siltation prevention. I Any areas disturbed during the course of construction shall be restored to a condition equal or better I than the original condition. SGC-0-2 I I I I I I I I I I I I I I I I I I I SGC-09. BYPASSING SEWAGE: The Contractor will be required to schedule and coordinate construction sequences and to use temporary construction and other approved methods which will minimize the bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or streams will not be permitted. SGC-IO. 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-l1. ' 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-12. NON-RELATED GENERAL CONDITIONS AND SUPPLEMENTAL GENERAL CONDITIONS: General Conditions and Supplemental General Conditions not applying to this project. These sections are hereby deleted. GC-02. Additional instructions and detail drawings. GC-05. Shop Drawings. GC-08. Substitutions. GC-35. As-Built Drawings. SGC-09. Bypassing Sewage SGC-13. PROMPT PAYMENT ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. SGC-14. CLAIMS: All claims, disputes and other matters in question relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, between the Owner and the Contractor arising out of or Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. SGC-0-3 I I I I I I I I I I I I I I I I I I I SGC-1S. RETAlNAGE: Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. SGC-0-4 I I I I I I I I I I I I I SPECIAL CONDITIONS SC-Ol. 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 Engineering Department. All construction shall be in accordance with the specifications. SC-03. OPERATION AND STORAGE AREAS: All operations of the Contractor (including storage of material) shall be confined to areas authorized and approved by the Engineer. 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 require removal. 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. . - II . . -' SC-l I I I SECTION I TS-O 1 I TS-02 I I I I I I I I I I I I . I SECTION TS-O INDEX TO TECHNICAL SPECIFICATIONS TITLE NO. OF PAGES Clearing and Grubbing Finish Grading and Grassing 1 1 TS-O-l I -. I I I I I I I I I I I I I I . . . - - - - SECTION TS-Ol CLEARING AND GRUBBING TS-Ol. SCOPE: Clearing and grubbing shall consist of the removal and disposal of trees (both upright, and downward), stumps & logs. Clearing and grubbing shall be accomplished within the immediate construction limits indicated on the plans. TS-02. CONSTRUCTION METHODS: I., CLEARING: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the satisfactory disposal of the trees and other vegetation together with the down timber, snags, brush and rubbish occurring within the areas to be cleared. Trees shall be cut off one foot above the original ground surface. The clearing zones are defined on details. Trees and shrubs to be left standing are defined as those within the entire site which are not delineated for removal. Extreme care shall be taken not to bruise, scar, or otherwise damage vegetation to be left standing, including its roots. Trees located on the clearing line shall be trimmed of all branches to a height of 15 feet or as directed in the field. All limbs and branches required to be trimmed shall be neatly cut. Clearing operations shall be conducted so as to prevent damage from falling trees and any related debris to any structures and to provide safety to any personnel. 2. GRUBBING: Grubbing consists of the removal and proper disposal of all objectionable matter embedded in the underlying soil. Clearing consists of felling and removal of all saw logs, pulp wood, cord wood and overhanging branches. a. Objectionable Roots: Objectionable roots are defined as (1) matted tree roots (2) individual roots more than 3/4 inches iri. diameter (3) individual roots greater in length than three (3) feet regardless of size and (4) large quantities of roots of lesser size in the top eight (8) inches of subgrade. b. Stumps: A stump is defined as the defined as the butt of the tree having a diameter of 4" or more measured 6" above the ground line. c. Stump Holes: Stump Holes are to be filled and compacted to the density of the surrounding soils. TS-03. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Saw logs, pulp wood, cord wood or other merchantable timber removed incidental to clearing and grubbing shall become the property of the Contractor and may be sold by him, provided such disposal is otherwise in accordance with these specifications. All matter removed shall be hauled away, deposited at the disposal site approved by the Engineer or chipped and spread on site in a manner that will not damage existing vegetation. No matter may be burned on the site. TS-04. MEASUREMENT AND PAYMENT: schedule. Payment shall be made according to each lump sum price as shown in the bid TS-Ol-l I I I I I I I I I SECTION TS-02 GRADING AND GRASSING 13.01 SCOPE: Work under this section shall consist of grading, furnishing and applying fertilizer and seeding all areas disturbed by the Contractor's operation, complete in strict accordance with this section of the specifications and the applicable drawings, and subject to the terms and conditions of , the contract. 13.02 GRADING: Grading shall consist of finishing to a uniformly surface, free from abrupt irregular surface changes, all areas disturbed by contractor's operations. The degree ofsmoothne~s shall be that ordinarily obtainable from power grader operation. The surface shall be suitable to support inspection and maintenance vehicles. 13.03 FERTILIZER: (a) Material: Fertilizer shall be 4-12-12, commercially mixed, conforming to the fertilizer laws of the State of Georgia. (b) Application: All areas disturbed by the Contractor's operations shall be fertilized. Fertilizer shall be applied just before, or simultaneously with, the planting of the grass seed. It shall be applied uniformly at the rate of 1,500 pounds per acre. It shall be applied with approved mechanical spreaders. . . 13.04 GRASSING: Use Georgia DOT Standard Specification Section 700, 1993 Edition. 13.05 MAINTENANCE: Georgia DOT Standard Specification Section 105.14, 1993 Edition. 13.06 PROTECTION: Newly graded and seeded areas shall be protected from the action of the elements, and any settlement or washing that may occur from that or any other cause, prior to acceptance of the work, shall be repaired and grades re-established to the required payment for elevations and slopes at the Contractor's expense. . . 13.07 MEASUREMENT AND BASIS FOR PAYMENT: Grading and grassing shall belincluded in each individual lump sum item as shown in the Bi~ Schedule. TS-02-1 i I I I I SAVANNAH RIVER REMOVE TREES, BACKFILL ALL HOLES AND GRASS. MOW AREAS WITHOUT TREES. ..-1 <{ z <{ u 25' LEVEE MINIMUM CLEAR ZONE GATE RETAINING WALL III - - TOE OF' LEVEE 25' LEVEE CLEAR ZONE RETAINING WALL TOE Of' L.EVE TYPICAL FOR SIBLEY MILL. KING MILL. I HAWKS GULLY GATE AND BUTLER CREEK NOT TO SCALE OWC.: 98012 REVISED REMOVE EXISTING TREES AND STUMPS. BACKFILL All HOLES, GRADE AND GRASS. >- ~ :::.::: Q:: -< a.. :c u I- ~ Q:: ~ ~ . . r I I- ::iE' w :J ~ w Z lL. 0 0 N w 0 z I- :J Q:: (/) ~ 10' w w z ~ W Cl..EARING ZONE U CD :!: -J TOE OF LEVEE--.-/ OR TO WATER UNE REACH "A" FlGURE 2 NOT TO SCALE OWG.: 98012 REVISED REMOVE EXISTING TREES AND STUMPS. BACKFILL ALL HOLES, GRADE AND GRASS. I- ~ w ::J ~ w Z 4- 0 0 N w 0 z ::J l- I 0:: en ~ 10' w w ~ ~ (,) a.EARlHG ZONE CD I ~ I ::J >- ~ ~ 0:: I < 10I Cl. ~ :J: ~ ~ I ~ g 0:: ~ ct: I I I I I I I EXISTING RETAINING WALL TOE OF LEVEE ~ OR TO WATER UNE NOTE: REACH .. A-1" IS APPROXIMA TEL Y 2/3 OF REACH "A". REACH "A-1" FIGURE 2A NOT TO SCALE OWG.: 98012 REVISED I I PROVIDE 5' CLEARING ZONE BY REMOVING EXISITNG TREES AND STUMPS. REMOVE EXISTING SHRUBS AND STUMPS FROM TOP OF LEVEE. BACKFILL ALL HOLES AND GRASS. I.LJ ~ I.LJ -l ..... o I.LJ Z :J 5' CLEARING ZONE ~ Z I.LJ U . CLEARING ZONE .. I I I I REACH "EL 13.tb. STREET TO NEAR 11.tb. STREET NOT TO SCALE - . iii DWG.: 98012 REVISED I I I I I I REMOVE EXISllNG TREES AND STUMPS. BACKFILL ALL HOLES AND GRASS. ~ ~ u... o UJ z ::J ~ as u CLEARING ZONE --------- SAVANNAH RIVER ~ THIS POINT IS EQUAL TO THE CITY SIDE TOE OF SLOPE ELEVA llON. REACH "c" NOT TO SCALE (/) ~ u < g: o -< o 5 < a:: OWG.: 518012 REVISED ~ ~ ~ ~ :J' .~ :J w w z' ~ z 0 ~' 0 N N 0 w 0 ~ Z ~ ::J (/) ~ (/) w 10' 10' w w w ~ z ~ a.EARlNG ZONE UJ a.EARlNG ZONE (.) CD ~ :J REMOVE EXISTING TREES AND STUMPS. BACKFILL ALL HOLES AND GRASS. REACH "0" . - I NOT TO SCALE OWG.: 98012 RE\1SED REMOVE EXISTlNG TREES AND STUMPS. BACKFILL ALL HOLES AND GRASS. 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