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HomeMy WebLinkAboutAugusta Richmond County Resurfacing Program Augusta Richmond GA DOCUMENT NAME: ffugl)~ic.. _ ? !chll>onj {. Duvt hi g&.5ur~Ct'/l~ \PrV?j~V\ DOCUMENT TYPE: CDrrf-rv....c.. + YEAR: I q q & BOX NUMBER: ;2 FILE NUMBER: 1 2 15'/ ~/7 NUMBER OF PAGES: cf..i.tu#- /~9f1 L.a.FA CONTRACT DOCUMENTS AND SPECIF lCA TIONS FOR AUGUSTA-RICHMOND COUNTY RESURFACING PROGRAM 1996 REFERENCE NO.: 88-075(96) ,~ ~ \... PREPARED BY ENGINEERING DEPARTMENT FOR AUGUSTA-RICHMOND COUNTY COMMIS SION - CO UNCIL ROOM 701, MUNICIPAL BUILDING 530 CREENE STREET, AUCUSTA CA. 3091 f AUGUST ' 1996 i I':' ; PUBLIC WORKS AND ENGINEERING ROOM 701 530 GREENE S1REET AUGUSTA, GEORGIA 30911 (706) 821-1706 FAX (706) 821-1838 CHARLES DILLARD Commissioner of Public Works and Director of Engineering November 22, 1996 Mr. Bob Long Apac Post Office Box 1129 Augusta, Georgia 30913 Re: 1996 Resurfacing Program, 1996 Project Reference: 88-075(96) Dear Mr. Long: Please accept this as your official notice to proceed on the above Reference Project, in accordance with the contract documents enclosed. You are to begin work on or before December 3, 1996 and fully complete the project on or before April 2, 1997. We are enclosing herewith two (2) copies of the executed contract documents. Please forward one (1) to your surety. s~:? ~ Frank Purnell Design Engineer FP/jss Enclosures cc: Mrs. Linda Beasley, Interim Administrato~ Urban Mr. Charles T. Dillard, Interim Administrator, Operations Mr. Clifford A. Goins, Asst. Comm. of Public Wks & Dir. of Engineering Mrs. Lena Bonner, Clerk of Commissioners/with document Mr. Stuart Walker Mr. Butch McKie, Comptroller ~ ,~ .,-..t........, LIBERTY t. BOND SERVICES ~ BID BOND Bond Number: KNOW ALL MEN BY THESE PRESENTS, that we APAC-Georgia, Inc., Southern~Roadbui1ders Division , as Principal (the "Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a mutual company duly organized under the laws of the Commonwealth of Massachusetts, as Surety (the "Surety"), are held and firmly bound unto Augusta-Richmond County Commission-Council , as Obligee (the "Obligee"), in the penal sum of Fi ve Percent of Bid Dollars ($ 5% of bid ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Augusta-Richmond County Resurfacing Program Reference No.: 88-075(96) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect; in no event shall the liability hereunder exceed the penal sum hereof. Signed and sealed this 10th day of September ,19 96 WITNESS OR ATTEST: APAC-Georgia, Inc., Southern Roadbuilders Division (Seal) Principal -- d~~t&~ ", , .:~ , ~ .--....;;;.- ~- By: ,,-::'. ., -; , Name: "er . D"'Cr -'-- _., Title: BrcuoJt.h m'4I~Qger < L1BER~ ~~~~L INSURANCE COMPANY ~urety (Seal) , ,'-. Las-sooo 8/94 Rev. i;~ THI~POWEROFATTORNEY !SNOTVALlOUN~ESS ITlSPRINTED ON RED BACK~ROlJND. .. ". 't:~ ,,195686 This''Power of Attorney limits tl'l~act ~fth~1iamed herein, andUiey have no authori~yto bind the Company:exceptin the' manner and to the extent herein stated. ,., ',,' ' ''- .' .', ," ',' ',' ': ,',' ',' , ,'" LIBERTY MUTUAL INSURANCE COMPANY , ' ' , :,BOSTON; MAS,SACHUSETTS' 'POWER OFA TIORNEY KNOW ALL PERSONS BYTHE$E PRESENTS: That Liberty Mutual InsuranceC.ompimy(the "Company"), a Massachusetts mutual insurance company; pursuant to and: by ,authority of the By,law and ,Authorization hereinafter set forth, does, hereby name,' constitute and appoint, ROY $CARBOROUGH:JR:;,EUGE'N~A.:CRONICJ MICHAEL C. SHE~TON, ALICIA J.RHOADES,ALL OF ~~~' ~'~:~ ~~:~~:~ ~:~~~:' : ~:r~i:: ~:~ ~ ~]{t;~;::: : ::~::,:,,~:j;:?~',~e~:~~:-:~::.,::.~:;,~~:: : : : ,;:~;.:tL: :: :'::?::~;::~..::::.::':;'rn':;:f":~i,i :::: :: : : ::: ::: :: :: :: : . '. . ~' . . ~ ~~. '. .. . . . . . . . . .'. . '. .: . - .... ~ ..'. .:. . . .:":.~:.~>_.:.~~~:...'; -'." a":. .j-',;;::~::; -. '.. .:;';_ ;'::,::"':'.~:../.,~ ",:. .:, : . ,'. ;'~':-:-::~;:-';'" o.'_.:~ ~..'~.<:;::~_..~ . ..... ..,'~:.: ;":~':': ,_ .: -. .'~. . ..' ;.'~:.~~).~~-. :.:- .:':..: . : . .. .-.'. . -. ~ . . . . .:. . ,. . . ~ . . . '. . . ~ . '. .. . ~. .' ~ . . .~. .' . ~. . >~':.<.:::::~:? .:. . .,..... .:.'.~. .;:..: .._;. - ~?..::~.:.~.:,~,;. ;, ..~ . -: . '. .~. .' ;.':":;'::_;':'~"~ .'. ~ :~~"\"~:~~:' : . . <.:~'-.;:'~;.~ .'. .:.. .... ':::::7<.~.~ ... . . . . ..'. .'.-. · . . . ... .' .:. .. . . ',. .: '-~. ".' .. . '. . ;, . .'. .,~' .... ~ . ,.....'~.:::<..:.>. ,~- .<.~.:~>);.. . -. .....:. \.>:~':::::'~:'"- . ..~. "'~ .'. '" ~ \~:...~:~::.~:~~ ..:.. ;.~.~:.~:~~.:.~~:. . . ~ ..::,~., ~.: ....:~.:. '.~ . ." " . ~-'- ..~- .:<"~~~..:'::":~ .' . :" ..:. . . ." ..~. ~;' ~ . . . ~,. .;' ~.' ; eai:hindjvidually:jfther~ be more th~n;Of1e~nailied,it$; trLi~:a~~lawful atto:rney:ir.{~fact toi-fiak~; execut~:)eal, ac~now(~c;lge'ar1d deliver, foran'don, its behalf as surety and as Its'act and deea;,:anyand all under.takll1gs, bonds, recogl1lzances'andotheLSl:J[ety obligaltons:m"the penal sum not exceedmg '., , ' .TWENTY-FIVE MILLION *~~:*~:**?~..m**::~"~'~;:~,~**~:!:;.:~;~*i~:H****~*,~~:~HS'(~?~,~'?g~~PJ.Q.~,b~~~*~~** .') ea;h; on.behalfof APAC~~EORGIAAND/OR APAC-C.~ROLlNA"INC.;.. .,..-. ':.;..., ~. ~ ... '.... ~. .,.,..:- ~ ',.-... ... ~...... ~......-.... .,...;............. ~~t~~~jz~~~~' ~~~-:6th~~ . ~~r~i;<:;bIi9~ii6~;'~ t~;-b~'~;~~~'d f6~ th~' 6~!-r;p~~Y'a;nd' th~' i~al' 6i, th~;C6~;p'a'n'Y'~ff;;~d th~;e't6S~~ ~~e:~~i~~Sth~O~~fd , ROVSCARBQROUGHJ:JR~, EUGENE,A.'CRONlc';MICHAEL,C~SHELTON~ ALlCIAJ.,RHOADeS'...; .:.~. .......:. :.~ ....:...:..;.: +:: ' l'. c..' ell 'tJ ..: ..ll:,~ l;,& .or:: .;-:.E. '-ca -g~, ...01 u'-eIl -~ 0- ...~ ell ' =:n; ~~ ',~ 'tJ r::',- 1/1' ca ell: 0... -..., aj'o -ell o_ r:: ca, '~ ... eIl_' 0)1/1' ca ell, 0)'" t: ,&' 0;5 E ~' ell ...- ,0 ca" -........ 'tJ>o ::U' car:: >eIl -... 0',:;" Zu' . . . . -. .- . . ....- .', . .' . '.". '. . . .-.... . '.- ...- . .,'," .:. .~ ,..' . -. .'. ;" .'.-'. ". .",. ; ,.,; . ~ . '. .... - ~,'. . . . .,'. ,.' . . . ,'~ .'. ,.:. ~'. . '. . . . ~ ,.-"; . . -. .,.'. ~ .'" .:. '. . . .'~. .... '. .'.,.'. . ,; .'. . . . . -. ~ . '. . . . . . ',,' , ..' '. -,' -- " . " - ',,'.' '..' -.' . -. , .' - '. , -'- ' " " " " " ~ .,' .... .'. .;" .'.. ._;"..,'.' ~ .... .-.... .'. '.' ..' ~,... .,_."~." !..;' .,..' .-....,... ...! .'. .'. .".:".... ...'.. .,.... .:. ~. ~ .'.,.. ..,.'. ... .',' .... e,.. .'.... .'.',. ..*... .',. .,'. .,.! .'." .'.. . "'" " - .. . ...., '- -' '.. '-' .",', , " . ','.. ". --' " ,- ,'. ..'... ...,.... ...... .'...'.....',.............. ...._..'...........,... ................_.. ..,....'. e.._... ...'. ....'....'..._....,.. ...... ........'... ... .... . "-. . , . . ,'- . - -' , -- . -.-" '.-. " " ' , , - '.." .- '- . - '" , " . .', . ',,,.,' '. '..' '., .,'" ,", '.' .' , " '. ... ... . .' . . . . .'. __ . .... . . '. '. -. ,. . .'. .'. . '.' e, .-. '. '. . ,. . ..-.~. . '. . '.,. .'. . '. .". . '. .-. . . . '. . . . . . ... . '. . . '. ... ... . . .'. '. . . . '. ..... ... . . . . . . . .'. . . . ... . . . . '. . . ... . . . . . .'.. . ., - - .- . . . . . . .' . '. . . . . .,..~. ..'. -. .. . . . .. .:~ . '. .-. .. . '. .'.. e',.... . . .'.. .:. '. .',. .... .. '. .,. ; . ,. . ',. '~,. ;. '. -. ". '. .-! .. . '., !'. . . ;, "._ -.",. ';. _. . . . . .'. ". '. ~ . ',. .... .' . . '. '.--.:. Ii,'. -., . '.. . ,'. .'.. "I indiyidually. And the execution of such ,undertakings,: bonds, recognizances and other surety obligations, in pi,Jrsuance of these presents" shall be as binding upon tJ1e Coll1par1ya~ if. they h~d been duly signed by Jhe president and a~ested by the secret~ry,of the Company ifl their own ,proper persons, ' , .' , -".' ,.. . ' . .'. ... .' '- . . , Thatthis Power is made an~ exec\ltedpursua'nt to and by-~uih9rity :oithe following By-law and, Authorization: " " " " ARTICLE XVI -.Execution of Contracts: Section 5,Su:rety Bqndsi3.l')dUndifrtakings, ,,:'" . ".- ' ,',', '.. ,.'," " The president oea vice preslderitor an assistant vice, presiqent authorize,d for that purpose in writing by,the president and the secretary or an assistant,secretary authorized for, that p\Jrpose in writing'by the president, subject to'such limitations as the board may prescribe, shall appoint such attorneys~in~fact, as mayb~ necessary to actin behal/ofthe company,to make, execute, seal" acknowledge and deliver as surety any and all unde(1akings,borids, recognizances and .oth.er,surety obligations, Such attorneysdn-fCl,ct, subject to the limitations set. forth in their respe<;tivepowers of attorney,' shall- ~ave fullpower)o bind the company by their signature and execution: of any such instruments and to attach thereto the seal of the company either by'an impression"of'the seal.or by the attachmef')t of a seal ,of paper or other, similar substance bearing a facsimile impression of the seaL When so ,executed. such instruments'shall be:as binding,as if signep by the president and attested by the secretary. , ',,'. '.,. ,. .,', , ',' ,. , ' By. the following inst~umenuhe',president,hasauthorizedJh,e officers named therein to appoint attorneys-in-fact: , ' ,.' " Pursuant to Article XVI, Section 5 anhe syclaws,VicePreside~t H,Aobert Schielke,together':WfthAssistant Secretary Garnet W. Elliott, are hereby ,authorized to appoint such attorneys'in-fact a~ may, b~,necessa,rytoact in behalf<?fthe c;ompany to make, execute,' seal, acknowledge and dehveras surety ('lny and alll,mdertaklngs,bonds~ recognizances and other surety obhgatlol')s; - ' " " " That the By-law and the Authorization above set forth 'are t!'Ue copies thereof andere now In full force and effect. IN WITNESS WHEREOF,thlsinstrume~(has been subscribed by its authorized officer and the corporate seal 6fthe said Liberty Mutual Insurance Company has been affixed~~r:et, in plymouthMeeting, -P~nnsylvaniathis ' 15th ",.' day of. . '. ,'. September' , . '. , ., . ,19 . 94, ' . ",~.\ . " "'1' LII3EFlTY,MUTUALINSURANCE COMPANY: ~~~~.~ . :~~/ , . By ~~,,4./ ..~ . '. " " " , , , e., , ,,', " ' Garn~t~:~lIiott, A~,$IS.t,~Pt_~,~r~t~.r'Y):.>,~, ' COMMONWEALTH OF PENNSYLVANIA ,_:'>:'~: . ,u., "':',; .'., ...," . "..':'..<.' COUNTY OF MON.TGOMERY ":;':::, ',;:,,<,,"'; ..', :,:::,~',,-:,::' . " ,'.,:.,. ">:::'" ,":~:":: ",:",: ,,' . , On this ',.1~th ',~~~of~(:(~: Se9te~ber. ,>,.,":\:A.D,"19~:~,b~i~re m~;a:NotarY:p.Gbiic, person,all~::4rpe theindividual,known to m. e to be the, t,nerel,n~~,w rr1bOO, ',n. dJiid. ,i&" an, d,Qff. I~..e,.r O,f Llb,:ert,Xf\I1u, tu. allnsura nc.e,co.,m, pan,.,Y..,,who'exec, u.ted".t,h.e p.reced 1n9.,.I,ns,trlll')1, ent, and. he,ac, kn,owled- ,ged tha,! h~ e~, ecut.~ep- ~~~.~~.',tfi @f't .~ea, ,I affix~d, to'"th,',esaldprecedln, 9 Instru'Tolent rS,.th,e ,'~, orpo, ra. te:sea,1 0, f ~ald cqrnpany; and,. that said corporate seal and hlsslgnat~r~sl'&b-,jmfed'~~ a~,<luly affixed and. Subscnbedto th,e,Satd.lnstrumeN:by authonty and dlrectl()n'c>f.the said company, .'N TESTIMO, ,~~~, {)ER~F,I hd' ~'~'.",'<j':~etmY. han.d a;;((~x~y. :o.~~i~t:~ ~~!'ai PIYm~0h~ee, ting.,)~A;J~e. ~~y:~jd:y'~ar first abo,ve writt en. ' '., ~..{\\~'~ ' ..iv- ',,*,,,;' '.' orr.'~A~~~:.tri~S~~f~/~(,;i::J" "~/!l:' ..,'p7.://.,"-;."t; '. " . ,'.' , ,.' " y~, ~1.~; ..~;, ,'). - 'qy;>l.f',~4p";.,'''l1;,,,c''''olj '~'Ci;~~'. . ' ' : ,',,',' " '. 1;-: "i....<:\iS';":.'---',J~ {~ /,./ ' My COIl:"',b'0l','.;';fCI '-,' 60, 2: 1 ~1_ Notary Public ' ' " " .' " , , ,~;--.;-<~, //. ' ,',', 'CERTIFICATE . ' I, ihe undersignea;-Asiftit"iesefretaryof libertY MutUal Insurance Company, do hereby certify that the original power of attorney of which the foregoingisa, full, trueand-.correcC copy, is In full, force and effect on the date of this 'certificate; and I do further certify that the officer who executed the said power of ,attorney was one ,of the officers speCially authorized by the board to appoint anyattomey-in-fact as prOVided in Article XVI, Section 5 of, the '; By-laws of the, Uberty Mutual Insurance Company. ',' , ' " , , . , " Th,iscert,ificate,', m,' ay be. s., igne"d by facs, imile ',un,dera. ',n!:l, bY., autho. rity 0, f the fOllowin,.g v, o,te O.f the, board of dire.ctors 0, /th,e. L,' ibertyMu,tualln,syr,ance,' COmpanyata,meetingduly,calledand,h~ldon,th(l12thdayofMarc~,o1980,: : ., " , .," " " ,:,' .' .~_:", ,'-, "' VOTED: thalthe, facsimile or mecliahieally'reproduced signature 01 any assistant secretary of the company wherever appearing-upon a certified .- copy of anypbwer of attorney issued by, tliecompany, shall be valid and ,binding upon the: company with the saine f9Lce and.effe'ctas , thoughinanually affixed, :,:' ' ' ' , ' ',.' . " ',',' ,-;; , , IN TESTIMONY WHEREOF, i have here'U!1tQ.$Ubscribed my name and affixedJhe corporate seal of the said company, this lOth,er' B.eptpmber 19 lttL ," ~"~""'. Q , , - , ,;~.. ~t~ '- \ -, --r " I'.' . . '. ,~ ~.: . ;. H.-l' f? O-.......A:A.A . :::t- ~ .~ ~ , ,", ' ,,',' ',_ ,', ,:', '., "':,,:>l . AssistantSecretary\' , '" THIS POWER OF ATTORNEY MAY NOT BE USED.TO,EXECUT~ANY BON[) WITH AN INCEPTION DATEAFTE,~ ' December 31, ,day; of .~,'~ ':., ',19...9.L...:.. . >. ca ''tJ 1/1' ',1/1 ell r:: ,'(ij '~ .0 >0 r:: ca , r:: =mo ul- >oW eIlW EE Oc.. =0 <CC") ....- .. oo:t ...'tJ eIlr:: ::ca oE D..ca 1/1 :c8 - .. _0) or:: ~m :2! ~.8 ell 0 .co:t _N EO\' ...N .-C") 'E'9 00 U,.. oeD I-~ , ... Bond Number: {J LIBERTY BOND SERVICES \ BID BOND KNOW ALL MEN BY THESE PRESENTS, that we APAC-Georgia, Inc., Southern Roadbui1ders Diyision , as Principal (the "Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a mutual company duly organized under the laws of the Commonwealth of Massachusetts, as Surety (the "Surety"), are held and firmly bound unto Augusta-Richmond County Commission-Council , as Obligee (the "Obligee"), in the penal sum of Fi ve Percent of Bid Dollars ($ 5% of bid ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. -' WHEREAS. the Principal has submitted a bid for Augusta-Richmond County Resurfacing Program Reference No.: 88-075(96) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or. if no period be specified. within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect; in no event shall the liability hereunder exceed the penal sum hereof. Signed and sealed this 10th day of September ,19 96 WITNESS OR ATTEST: APAC-Georgia, Inc., Southern Roadbui1ders Division (Seal) Principal d~~ t 4~J~ I ~' By: ";?;;; , Name: 0 er . ",.,~ Tille: Bra Nt. h tYlarlaC) e r ,/'~ (Seal) LBS-5000 8/94 Rev. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. ' 195686 This~Power of Attorney limits the act <:f thor.~ named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the .Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name,' constitute and appoint ROY SCARBOROUGH, JR., EUGENE A. CRONIC, MICHAEL C. SHELTON, ALICIA J. RHOADES, ALL OF THE CITY OF AUGUSTA, STATE OF GEORGIA........::........:..........;.......,.....;..:....,...:..................... . . '. . .......... .......... ...... .......... ................ ...... ............... ........ ........ ...... ..... .......................... .. . . . -,. .............................................~.... ."..................................... .............. IO..... ........ IO..................... . IO.......................... .'............. .'............ IO......... ," ".' . . .,- ................. ..... ... ........ ... ...... ....... ........ .......... ................................ ....... ........... .......... ,-. .. , , , . . " . . .. . . .............. ..... .......... ....... ... ................ ............... .... ................ ...... .... ................... ........... . . . . -. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . ... . . . . . . . . . . . . .-. . '..' . . . . . . . . . . . . . . . . ... . . . , each individually If there be more than one 'named, its true and lawful attomey-in-/act to make, execute, ,seal, acknowledge and deliver, lor and on its behalf as surety and as its act and deed,' any and all undertakings, bonds, recognlzancesilnd other surety obligations Ih the penal sum not exceeding TWENTY-FIVE MILLION ................................;,........................ ' 25000000............. DOLLARS ($ , , ) each, on behalf 01 APAC-GEORGIA AND/OR APAC-CAROLINA, INC. . . . . .. . . . . . . . . .. .. . . . .. . . . . . . . . .. . . . .. .. . . . . . . . . .. .. . . . . . . . .. . . . . . . . . . .. . . r~~~g~iz~~~~~' ~~d . ~th~~ . ~~r~i; '~blig~ii~~~ . io' b~' ~i~~~d '/~; 'th~ . c~~~~~y 'a'n'd' ih~ . ~~~I' ~i ih~ 'c~:n'~a'n'y' ~ffi;~d 'th~;e't~S;~ ~~~e~a:i~V~h~o~~~ ROY SCARBOROUGH, JR., EUGENE A. CRONIC, MICHAEL C. SHELTON, ALICIA J. RHOADES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- C/) o 0. Q,l o . .... ~ ........................................................................................................................ Cev Cll- nC ,~ ~ '-Cll ~::l ;:C1 l,) Q,l That this power is made and executed pursuant to and by authority of the following By-law and Authorization: o .2 ARTICLE XVI - Execution 01 Contracts: Section 5. Surety Bonds and Undertakings, !:: ~ The president or a vice president or an assistant vice president authorized lor that purpose in writing by the president and the secretary or an assistant secretary authorized for that purpose In writing by the president, sub)'ectto such limitations as the board may prescribe, shall appoint ::; gJ I such attorneys-in-fact, as may be necessary to act In behalf of the company to make, execute, seal, acknowledge and deliver as surety any ~ ~ and all undertakings, bonds, recognizances and other surety obligations, Such attorneys-In-/act, subject to the limitations set forth In their '" lil respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to '" Q,l attach thereto the seal of the company either by an impression 01 the seal or by the attachment of a seal of paper or other similar substance ... ... bearing a lacsimlle impression 01 the seal. When so executed such instruments shall be as binding as If signed by the president and attested :: 0 by the secretary, = ~ By the following instrument the president has authorized the officers named therein to appOint attorneys-in-fact: -Cll . ... Pursuant to Article XVI, Section 5 of the By-laws, Vice President H, Robert Schielke, together with Assistant Secretary Garnet W. Elliott. are ~ ~ I hereby authorized to appoint such attorneys-In-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge ~. ~ I and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, - .:::,' I nat the By. law and the Authorization above set forth are true copies the real and are now in full lorce and effect. :.= IN WITNESS WHEREOF, this instrument has been subscribed by its authonzed officer and the corporate seal of the said Liberty Mutual Insurance ai Company has been aflixed th~~o, in Plymouth Meeting, Pennsylvania this 15th day 01 September , 19 94 . :. ~ ~ ~,}~\ LIBERTY MUTUAL INSURANCE COMPANY ~~ By /~~J' By ~dr tJ. ~ _, :;, H, Roben Schielke, VI dent Gamel W, Elliol1, Asslslant Secrelary - U COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , Individually. And the execution 01 such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as ilthey had been duly signed by the president and attested by the secretary of the Company In their own proper persons. ss, On this 15th day:or- September . A,D, 19~ , before me. a Notary Public, personally ca~e the individual, known to me to be the therein described indhtidual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed.t~e sam~\and thal1he seal affixed to the said preceding instrument IS the corporate seal of said company: and that said corporate seal and his signature,subscribed,thereto was duly affixed and subscribed to Ihe said instrument by authority and direction of the said company, IN TESTIMONYYVHERE.~t, I her~Jnio sel_n:!Y hand ~f!d.,!!!~_offi_cial seal at Plymouth Meeting, PA, the day and year first above written, i ,I.' ,) ':: .:,'.." '"';" : ,1/ ~ //' :. , '-to', :~~: '.(>f~""'-'J"'-"'" ,...': a.lt1vH ~ " ~::~~, ~:\, I :_.::.:~;~~,~.:'~,~,.:';~:>;'n~::~_LJ Notary Public '-4' 'V ",,'-',~-, ".,-:::;',,/' CERTIFICATE I, the undersigned:-AssistahtSecretary of Liberty Mutual Insurance Company, do hereby certily that the original power of attorney of which the foregoing is a full, true and c6tr&t copy, is In lull force and effect on the date 01 this certi/icate; and I do further certily that the officer who executed the said power of attorney was one of the officers specially authorized by the board to appoint any attorney-in-fact as proVided in Article XVI, Section 5 of the By.laws of the Liberty Mutual Insurance Company, This certificate may be signed by lacsimile under and by authority of the following vote 01 the board of directors of the Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day 01 March, 1980, , VOTED that the lacsimile or mechanically reproduced signature 01 any assistanl secretary of the company wherever appearing upon a certified copy 01 any power of attorney issued by the company, shall be valid and binding upon the company with the same lorce and effect as though manually affixed, IN TESTIMONY WHEREOF. I have hereunto.subscribed my name and affixe~ .th~ corporate seal of the said company. this lOth day of Spptpmber ,19 ~Q.. , , ':':,-':: ' ~ t"l. "'-.AAA \ ;;J.. :L.. L- , ",~ .- :" Assislanl seCrelary\ .. , THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER December 31. ,19~. >. Cll '0 Ul C/) ev c 'iij ::l .c >- c Cll _c -0 1h- >-(/) evW EE 00. =0 <M - .. oo:t ...'0 Q,lC ~ca OE Q.ca .!!!o .c:o ::0; Oc ~81 :2! -ev ~.c Q,lo .c:o:t _N eC9 ...N '-M -co C, 00 l,),... OlD ~.,!.. . INDEX TO SPECIFICATIONS Section Title Pages . ADV Advertisment for Bids 1 - 2 IFB Information for Bidders 1 - 3 1 - 9 1 - 2 P Proposal . BB Bid Bond NA Notice of Award 1 A Agreement 1 - 2 . PB Performance Bond 1 - 2 PB Labor & Materials Payment Bond 3 - 5 COA Certification of Owner's Attorney 1 - - NP Notice to Proceed 1 1 - 23 1 - 5 0-3 GC General Conditions SGC Supplemental General Conditions SC Special Conditions TECHNICAL SPECIFICATIONS TS1 Bituminous Paving 1 - 3 TS2 Manhole & Water Valve Adjustment 1 - 3 1 - 2 TS3 Milling . . ADVERTISEMENT FOR BIDS . SEALED BIDS for furnishing all materials, tools, machinery, etc. necessary for the Resurfacing Program, 1996 by AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL . hereinafter referred to as the OWNER, at the office of the Clerk of Commission-Council, Room 806, Municipal Building until 12 noon on the 10th day of September, 1996, 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 City Engineer and Commissioner of Public Works, hereinafter referred to as the Engineer. . ',>- - Copies of the Contract Documents may be examined during regular business hours at the office of the City Engineer, 7th Floor, Municipal Building, Augusta, Georgia; and at the following locations: The F. W. Dodge Division Plan Room Augusta, Georgia C.S.R.A. Business League Augusta, Georgia Copies may be obtained for bidding purposes at the office of the City Engineer upon payment of Twenty-five Dollars ($25.00) for each set of documents issued, (Non-refundable) . Bids shall be addressed to Augusta-Richmond County Commission-Council, c/o Clerk of Council, Municipal Building, Augusta, Georgia 30911, marking the envelope "Bid for Resurfacing Program, 1996" Bids shall be completed and submitted as described in the Information for Bidders section of the Contract Documents. A Bid Guarantee, Performance Bond, and a Labor and Material Payment Bond will be 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 . . The Owner reserves the right to waive any informalities in bidding and to reject any or all bids. Lena J. Bonner Clerk of Commission-Council 806 Municipal Bldg. Augusta, GA 30911 . Advertised in Augusta Chronicle August 26, 27 & 28, 1996. . - -- - ADV-2 . INFORMATION FOR BIDDERS . Bids will be received by Augusta-Richmond County Commission-Council, Georgia, (hereinafter called the "Owner"), at the office of the Clerk of Commission-Council until 12 Noon on September 10, 1996 and then at said office publicly opened ana 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 1996 Resurfacing Program 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- Council, c/o Clerk of Commission-Council, 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 wi thin 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 of the accuracy of the estimated quantities in the Bid Schedule by 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 construction 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 five 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. IFB-l . . 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. 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 attorney. 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 wi thin ten 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 throughout. 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 of the IFB-2 . . 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. Inspection trips for prospective bidders will be conducted by the Owner if requested in writing by the bidder. Such request shall be directed to the City Engineer by the bidder. The bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the Equal Opportunity clause set forth in the Supplemental General Conditions. The engineer'is the City Engineer. All bidders are encouraged to utilize, to the maximum extent possible, local labor forces and suppliers of materials which have residences, offices or places of business within Augusta-Richmond County, Georgia. While Augusta-Richmond County encourages the utilization of local laborers and supplies on a purely voluntary basis on local public works projects, nothing contained herein shall impose any legal or contractual obligation for any bidder to do so. . . - IFB-3 . . . PROPOSAL FOR 1996 RESURFACING PROGRAM PROJECT REFERENCE 88-075(96) ~ ~ Augusta-Richmond County Commission-Council Municipal Building Augusta, Georgia 30911 Gentlemen: ~ The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 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 City Engineer, carries no guarantee expressed or implied as to its completeness or accuracy and he has made due allowances therefor; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as 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, 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 the requirements of the City Engineer and the true intent of the Contract Documents and that he will take in payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (Note: Bidders must bid on each item.) ~l . SCHEDULE OF PRICES . Item Description Est. Quanti ty RICHMOND AVENUE winter Street to Troup Street . 1. Raise manholes to grade 2 ea @ 2. Raise water valves to grade 5 ea @ 3. Bituminous Tack Coat 195 Gal @ a. - 4. 1 1/2 type "E" Asphaltic Concrete 290 Tons @ BAKER AVENUE Walton Way to Central Avenue 1. Raise manholes to grade 24 ea @ 2. Raise water valves to grade 8 ea @ 3. Bituminous Tack Coat 580 Gal @ 4. 1" type "E" Asphaltic Concrete 590 Tons @ 5. Milling 5000 s.y. @ ELLIS STREET 13th Street to 14th Street 1. Raise manholes to grade 7 ea @ 2 . Raise water valves to grade 2 ea @ 3 . Bituminous Tack Coat 230 Gals @ 4 . 1" Type "E" Asphaltic Concrete 240 Tons @ P-2 Unit Price $ 137 5-0 $ /3/, sa $ .90 $ c37. 30 TOTAL: $ /37. SIJ $ /3/. So $ /10 $ ~7. 3tJ $ ~,7tJ TOTAL: $ /37, StJ $ /.3/.StJ $ /10 $ 373{) TOTAL: Total Price $ :J-- j:J-' dO $ (;;57, SO $ /75: so $/ (}g /7. tltJ $ //9:25. OtJ $ 33tJtJ. tJa $ / t) S ;2., tJCJ $ S:Z;;<. tJo $dd..(>/J 7. ~tJ $!3SlJ{J. tJtJ $103~ /. 00 $ 96.2. !J-~ $ J.~3.tJo $ ~ 07. 00 $ trs-d .(k!) . $ /tJ -:JRf. .5{) . CONKLIN AVENUE Forest Street to Augusta Avenue 1. Raise manholes to grade 19 ea @ 2. Raise water valves to grade 10 ea @ 3 . Bituminous Tack Coat 210 Gals @ 4. 1" "E" Asphaltic Concrete 210 Tons @ P-3 $ /31. 6-() $ /3/. 5"'tJ $ ,90 $ 313tJ TOTAL: $ 2~/2.. 6""tJ $ / 3 /~5". otJ . $ / !?7. (}CJ $ 7K33,tJO $ 1/9~(l SCJ . Schedule of Prices cont. . Item Description Est. Quantity Unit Price Total Price HARPER STREET At 15th Street Intersection - - 1. Milling 500 @ s.y. 2 . 1" Type "E" Asphaltic Concrete 50 Tons @ $ d.10 $ /3siJ.~o $ ~ 7. 30 TOTAL: $ Iff c;s. tPCJ $ r3~/s: &0 WRIGHTSBORO ROAD AND HIGHLAND AVENUE INTERSECTION 1. Milling 2000 s.y. @ $ ;<, 7t? $ ~-/f&tJJ. 6)0 2. 1" Type "E" Asphaltic Concrete 120 Tons @ $ -3 7. 3tJ TOTAL: $ CfLf7t. 6)0 $ 917t.oo BLOUNT AVENUE Wrightsboro Road to Florence Street 1. Raise manholes to grade 8 ea. @ $ /375"'tJ $ / / tJcP, ,t') () 2 . Raise water valves to grade 3 ea. @ $ /3/. btJ $ .~9f sc; ,', 3 . Bituminous Tack Coat 125 Gal @ $ .90 $ //d..5"0 4. 1" Type "E" Asphaltic 373& Concrete 130 Tons @ $ $ y-g' $L9. ~o TOTAL: $ 67iS6, (!)O P-4 . Schedule of Prices cont. . Item Description Es t. Quanti ty unit Price MILL STREET Wrightsboro Road to Florence Street . /37. So 1. Raise manholes to grade 2 ea. @ $ 2. Raise water valves to grade 3 ea. @ $ /3/StJ 3 . Bituminous Tack Coat 160 Gal @ $ J9t) -- :;; 4. 1" Type "E" Asphaltic Concrete 165 Tons @ $ 3730 TOTAL ASPHALTIC CONCRETE LEVELING 1000 TONS @ $ 3;7. 3& Total Price $ ;2 75 00 $ 3~4..so $ / !f-'I-. tJO $ ~ /5f; S-o $ trd>F. CJO $ J 73 &1. ()O TOTAL PAVING $ / Lf~ ~St:" t)CJ Item Description Est. Quanti ty Unit Price RAISE EXISTING STRUCTURES OVERLAYED BY STATE PROJECT Total Price $ /37..50 $':<~/~.So $ /3/S0 $ ?X'9. eJO TOTAL $ 3 ~() I. ..sCJ Warren Street Heard Avenue to Metcalf Street 1. Raise manholes to grade $ /37.StJ $ /3/.5lJ 6 ea @ 2. Raise water valves to grade 4 ea @ TOTAL Heckle Street Hickman Road to Metcalf Street 1. Raise manholes to grade 19 ea @ 2. Raise Water valves to grade 6 ea @ P-5 $ g~~o $ 5.;1 b. 0~ $ /_? S/, 6)0 . Schedule of Prices cont. . Item Description Est. Quantity Unit Price Total Price McAnally Street Bransford Avenue to Druid Park Avenue 1. Raise manholes to grade 4 ea @ $ /3 7. ~7J $ $S"tJ. &0 . 2. Raise water valves to grade 4 @ $ /31 cSO $ .5""~ t,. t) () ea TOTAL $ /07/;'.00 Beman Street - Central Avenue to Walton Way 1. Raise manholes to grade 19 ea @ $/37.StJ $ ~ (,/;1 . So 2 . Raise water valves to grade 4 ea @ $ /31. S-tJ $ t>-::<t. .&0 TOTAL $3/3<3,5"0 Howard Avenue Murphy Street to Beman Street 1. Raise manholes to grade 4 ea @ $ /37.?tJ $ f;) S&. 00 2. Raise water valves to grade 2 ea @ $ /3/,50 $ ;:{ 6 3, tJ)0 TOTAL $ g /3" (}tJ' Watkins Street Gordon Highway to 6th Street 1. Raise manholes to grade 10 ea @ $ )3 7 6-0 $ / 37S, t>o 2. Raise water valves to grade 5 ea @ $ /.3 /. so $ "57. SO TOTAL $ d.tJ3~ .S-O Mill Street Steiner Avenue to Johnson Avenue 1. Raise manholes to grade 10 ea @ $/~7.So $/ 37.::; -t1JO 2. Raise water valves to grade 4 ea @ $ 13/. 5'0 $ .5~t. DO TOTAL $ /901. 00 P-6 - - Conklin Avenue Chestnut Street to Mill Street 1. Raise manholes to grade 5 ea @ $ /37.50 $ ~g 7. So 2 . Raise water valves to grade 2 ea @ $ /3/.S0 $ :<63.CJCJ TOTAL $ 9StJ.So $ /37.50 $ ~00:J.. So $ $ 5;;.ta. ~(J TOTAL $ j_5'g~,.")1J . Schedule of Prices cont. . Item Description Est. Quanti ty Unit Price Steiner Avenue Forest Street to Mill Street . 1. Raise manholes to grade 5 ea @ $/37.5tJ $ /3/ 5"0 2. Raise water valves to grade 6 ea @ TOTAL Linden Street Poplar Street to Tutt Avenue 1. Raise manholes to grade $ 137.6-0 $ /3/.50 16 ea @ 2. Raise water valves to grade 4 ea @ TOTAL Mills Street Martin Luther King Blvd. to Grand Blvd. 1. Raise manholes to grade 15 ea @ 2. Raise water valves to grade 4 ea @ P-7 Total Price $ C, <g 7- 50 $ 7fJ9. IJtJ $ /9-76.5'0 $ d.;{t9tJ. ()O $ $;lt,.~ $ d.72G,(){) . Schedule of Prices cont. . Item Description Est. Quantity Unit Price Total Price . Hernlen Street Stiener Avenue to Martin Luther King Blvd. 1. Raise manholes to grade 10 ea @ $ /37. 50 $ /3 "75,00 2. Raise water valves to grade 4 ea @ $ /3/.5tJ $ .5"dt:"tJtJ TOTAL $17'&/.00 TOTAL STRUCTURE PRICE $ ~335~ ,00 GRAND TOTAL $ /7(, ~/:1 , ~(J . . The Contract covering the construction of all work described above will be completed within 120 calendar days from the date specified in the "Notice to Proceed" of the City Engineer for: (jt!E ff(/Ndred Sei/eA/1y !Jete Jj;(/sa/'ld SIX: JltIIV4red Z;;e!ve f "'"htJ{2C --- -Dollars ($ /7 ~ ;;'1 ~ ' (/)0 subject to reductions, additions and deletions provide 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 $500.00 for each consecutive calendar day thereafter as hereinafter provided in Section 15 of the General Conditions. -- .... It is understood that the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date P-8 . . The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will wi thin ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner satisfactory performance and payment bonds in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or a Certified Check in the amount of . Dollars ($ total base bid sum. being not less than 5 (5%) percent of the ... -- Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds in case this proposal is accepted, the Owner 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 become 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. !f-P/lC,- GEORGia. I)jc .-~- Name of Bidder / :i~. ,(, ~' - ~ ~ ,', . -grl1fic'l /IJ;;;';Q~/el ignat e & Title of -.-::;, J Authorized Representative' ~ (!). BO)L- / / c?- '/ Business Address IJlllrj si-:; 0eor'{id Cit and Stcft:e" Date: q-/tJ- 9~ Conformed COpy BY:'~ Date: IO/15/rb p-g r: \ Bond Number: tI LIBERTY BOND SERVICES BID BOND KNOW ALL MEN BY THESE PRESENTS, that we APAC-Georgia, Inc., Southern Roadbui1ders Division , as Principal (the "Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a mutual company duly organized under the laws of the Commonwealth of Massachusetts, as Surety (the "Surety"), are held and firmly bound unto Augusta-Richmond County Commission-Council , as Obligee (the "Obligee"), in the penal sum of Fi ve Percent of Bid Dollars ($ 5% of bid ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. -' WHEREAS, the Principal has submitted a bid for Augusta-Richmond County Resurfacing Program Reference No.: 88-075(96) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect; in no event shall the liability hereunder exceed the penal sum hereof. Signed and sealed this 10th day of September ,19 96 WITNESS OR ATTEST: APAC-Georgia, Inc., Southern Roadbuilders Division (Seal) Principal d~" t 4"ref. ~ By' / , . Name: "er . DN" Title: 8 rcu'4 ~ h m'U~Qq e r ~ LIBERTY MUTU L INSURANCE COMPANY Surety (Seal) LBS-5DDD 8/94 Rev. .' TH.s POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 19 ~ 6 8 6 This Power of Attorney limits the act d tho'O_' named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF A TIORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint ROY SCARBOROUGH, JR., EUGENE A. CRONIC, MICHAEL C. SHELTON, ALICIA J. RHOADES, ALL OF THE CITY OF AUGUSTA, STATE OF GEORGIA........................................... ~................................. , , ..... ...... ... ........... ...... .... .................. ...'.. .......... ...... ..... ..........-.............._..... ... ....... ... ..... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .0. . . . .. . ._.'. . . . . . . .'. . . '. . . . . . .".. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . '0 . . .. . . . . . 0'. . . . . . . . . . . . . . . . . . . . . . . . . . , .' . . . . . . . . . . . . . . . . . . . . . . . . . . . '0. .. .... . . . . . . ... . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . ..... . . . . . . . . .,0 . . . . . . . . . . . . . . . . . . . . . . . . , .. ~ . . . ................0..0..... .....'...... ..... ................. ..... ..._.. ........ ...........'._. ................. ............. ....... .-- . . each individually if there be more than one named, its true ,and lawful attorney-in-fact to make. execute, ,seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations iri,the penal sum not exceeding TWENTY-FIVE MILLION ....~....**.................""...."".........."**."...."..................." DOLLARS ($ 25;OOO,OOO**"~.""''''''''' ) each, on behalf of .-=:." m o 0. Ql 'C. .xm c:Gl III 2 .oC: ..-" E .- III 'C::I ~CI VQl -::I 0- ...Ill Ql> =- Gllll _::I .'C C:'- Illm o~ -... cio -Gl 0_ C:1ll .... Gl_ Clm IllQl CI'" t:2 0.5 S . Ql ...- Olll -... 'C>- ::0 Ill!: >Gl at z~ APAC-GEORGIA AND/OR APAC-CAROLlNA, INC. .. . . . . . . . .. .. . . . .. . .. .. . . . . . . . . . . . . .. . ... . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . r~~;~~i~~~~~~' ~~d . ~th~~ '~~r~i; ';b'li~~ii~~~' io' b~' ~i;n'e'd' 'f~; 'th~ . c~~~~~; ~'nd' ih~ . ~~~I' ~i ih~ 'C~~'p'a'n'y' ~ffi;e'd' ih~;e't;S;~d ~~~e~a:i~~sth~O~~fd ROY SCARBOROUGH, JR., EUGENE A. CRONIC, MICHAEL C. SHELTON, ALICIA J. RHOADES.. . . . .. .. . . . . . . .. . . . . . . . . . . .. . . ..... ..... ..... ... ....... .......... .......... ......................... ............... ................ .... ......,.... .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . , individually, And the execution of such undertakings, bonds. recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons, That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. The president or a vice president or an assistant vice president authorized for that purpose in writing by the president and the secretary or an assistant secretary authorized for that purpose in writing by the president, subject to such limitations as the board may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings. bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal 01 the company either by an impression of the seal or by the attachment of a seal of paper or other similar substance bearing a facsimile impression of the seal. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary, By the following instrument the president has authorized the officers named therein to appoint attomeys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Vice President H. Robert Schielke, together with Assistant Secretary Garnet W, Elliott, are hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed ~tp in Plymouth Meeting, Pennsylvania this 15th day of September ,19 94 ~~ LIBERTY MUTUAL INSURANCE COMPANY By /~ By ~e.:Ir ,(J. ~ H, Robert Schielke, Vi dent Gamet W, Elliott, Assistant Secretary , COMMONWEALTH OF PENNSYLVANIA '., ,ss, COUNTY OF MONTGOMERY , On this 15th. .eav.:or---,'" Seotember ' . ,'A.D, 19~ , before me, ~'Notary Public, personally'eame the individual, known to me to be the therein desC{iboo indl~1 and officer of Liberty Mutual Insurance Company who executed the preceding,instrument, and he acknowled- ged that he execute!f t!leJ>c!ilJlfiar;t,dJ~the seal affixed to the'said preceding instrument is the corporate seal of said company; and that said corporate seal and his signatwejsuoseribed'tl1f!:t:ete,\xas duly affixed and subscribed to the said instrument by authority and direction'of,the said company. ) "' .~ C) ......:\'. :'I. .. .. IN TESTIMONY''(JHEREO.F, I h~i:intp set my hand and affix my official,~e~1 at Plymouth Meeting, PA, the day and. year first above written, ~. Ot- "'- S I NCT;\f,j,,\L ,""'l ~ ~~ ~ * \ . x- t OCi.n,A ,. C;HIELDB '~P'u0<i( , ~ J ell): uj Fhllad~~pj11 1 ......11. \ t::Ju'1lv \. ~~tvs-{\.:'j~~ Z My""" "",;,011 E",,-c '0' ',1%" Notary Public ,~Oi': ~ lV CERTIFICATE I, the undersigne , , ~tan~~ retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attomey of which the foregoing is a full, true and c cl copy, is In full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attomey was one of the officers specially authonzed by the board to appoint any attomey.in-fact as prOVided in Article XVI, Section 5 of the By-laws of the Uberty Mutual Insurance Company, This certi/icate may be signed by facsimile under and by authority of the following vote of the board of directors of the Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. , VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attomey issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed, IN T~J:I~~~"""b~~EOF, I have he,r~~nto!t~SCri~ed my name and affix;{:t~~:,~~rporate seal of the said company, this 10th ,;(.;, C2J ro ~ UA \ ;J.. :L.. L- \,:;;., >: ::' Assistant Secretary\ . \ TliIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN'INCEPTlON DATE AFTER December 31. day of ,19~. :>. III 'C m m Ql c: 'Iii ::I .0 >- c: III _c: -0 ~I- >-C/) QlW ES .,90. -0 <(('I) - .. oo:!' ...'C Q)C: ::Ill Os Q.1ll .!!!o J:O - .. _en Oc: >-Gl ;t::Ql 'C:: .-- -Ql ~.o GlO J:o:!' _N E~ ...N .-('1) -co c:, 00 0.... 0<0 I-~ . SECTION BB 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, 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 , 1996. The condition of the above obligation is such that whereas the Principal has submitted to Augusta-Richmond County Commission-Council, Georgia a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for 1996 Resurfacing Program 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, BB-l . .- -- 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. ., L.S. (Principal) (Surety) By ATTORNEY IN FACT SEAL BB- 2 . . SECTION NA NOTICE OF AWARD TO: . PROJECT DESCRIPTION: 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 (lQ) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within Ten (lQ) 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. day of , 1996. Dated this BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged on this day of , 1996. BY: TITLE: NA-l . SECTION A AGREEMENT . THIS AGREEMENT, made this t.1- day of 1J'td\J I , 1996, by and between the Augusta-Richmond County Commission-Council as . Successors by Consolidation to the City Council of Augusta, hereinafter called "Owner" and IJPfJC, .-Ge()J/~ be. d 0 i n g 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 construction of the 1996 Resurfacing Program. - -- 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 120 calendar days unless the period of completion is extended otherwise by the Contract Documents. 4. The nt~ac~oc.umen~.for 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 A-I . . Addenda: No. No. No. , dated , dated , dated , 19_ , 19_ , 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 ~ (number of copies) each of which shall be deemed an original on the date first above written. C~ UTY OMMISSION-COUN.CIL __~""-~"h.~"'\~ ( SEAL) _.a:;~>CHMOtvl) ~'t\l'} ff ""' O""U"'O"o '-0 ~~ '"' <'\" ". o. r. \'~ p C, "f> "0 --",' ,"- II' .:;, ,l -- "" 'A(^ . j ~ ~.f'1 ..,,,.t. ~~ -,..\ (~h '~, " :~';> <> <~ ,;' > .~. ~.~/: f "7~J : li~1 ~ ~ to Title it Name ~ ~ o~ ~ Oeoooo08" # Title L..E~~OR ~m/S5I/)N' ~~ CONTRACTOR: .4II9C - G eor1/CI ) IN C. BY ~ ~~ y <:- (SEAL) "., Name I< 0 be 1'1 jY}, Lor-:%. (Type or Pri ) Title Brar,ch mar/Q?er- ATTEST: // " / ddA-t -I tJ7r1 Name ehClrJes L. govc/ (Type or ptint) A-I . SECTION PB PERFORMANCE BOND . (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) . KNOW ALL MEN BY THESE PRESENTS: That AVAC'6C'Or-~:f(a, I nc.. , as Principal, hereinafter called Contractor, and - - L\ toe("~ Mu-tuCt. \ I nsura nee Com pqny , a corporation organized and existing under the laws of the State of .- - Ma'SsC\chuse++s City of 1:>6'5+0\'\ , with its principal office in the , State of ~a'5'5 achLl~tb. as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council, Georgia, as Obligee, hereinafter called the Owner, in the penal amount of e hundred 5e one S l d. -hoe\.ve.- 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. ! ! WHEREAS, Contractor has by said written agreement dated / I 2-", Cj(P entered into a contract with Owner ,for the 1996 Resurfacinq Proqram, Augusta, Georgia, in accordance with the drawings and specifications issued by Augusta- Richmond County which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly PB-I . (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 Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. . .- Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the 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 ~ z.. day of lVoV. A.D.1996. Attest ... ~~ ;( ,87~ A"'AC-6eor~'lo.. \~~fn~r~~~6;l By ~ ~') " ~ (~Sea1) '/P.:r':;' ///,'-,:;~ ( Tit 1 e ) C /", ~ L,ber M tual Ins. Co. (Seal) /:~~ \ C (S~::::; (T,itle) Witness Witnes Note: Date of Bond Contractor is Bond. If execute' Attest PB-2 -- SECTION PB LABOR AND MATERIAL PAYMENT BOND -- (NOTE: THIS 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 A-PAC-6eon3iCl, Inc. . , as Principal, hereinafter called Contractor, and Liber-+-y MLCt-t1a( :tn 5U.r-ance. CDrnpan y , a corporation organized and existing under the laws of the State of .Jv'qSSo.chLt~ +tS with its principal office in the City of ~5+On , , State of fv'\ a '5sach usetts , 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 d~fined in the amount of One hunclred 5e\J en+-r One -Hncusa"d, 5/ y... ~und.rec\ -tw-e.~ lJe 4- NO/,Ocr- Dollars ($ I'] (, 10 I~. 0 0 ) 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 ____ ~~tj? entered into a contract with Owner for the 1996 Res rf cinq proqram in accordance with drawings and specifications issued by Augusta-Richmond County, 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 of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. PB-3 . . (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a 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 final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. . (3) No suit or action shall be commenced hereunder by any claimant, . (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, 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 of limitation permitted 'by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not 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, PB-4 ~ . whether or not claim for the amount of such lien be presented under and against this bond. . Witness Signed and sealed this A.D. 1996. (l kk >I &ri!- 2..'7. day of I..J oV . ' , ' .~~. "\:' ~,,,;:: . ,'" - A ?AC-6eou-~'ICl, InF~/~(~~~i) G,Cou tr,actor') ~ \%~:"';" . By ~ ~'~~~t< (Seal) '//~~ /ffer::;;;' ( ~tir9ty) Title . Attest I71.A"."hnl{ Ii C~h du:p~ hzr~~ By . / A_ 0::-:m<,~t- uta LIns. Co. (Seal) (Surety) . Witness Attest (Seal) (Title) . Note: Date of Bond must be prior to date of Contract..' If Contractor is Partnership, all partners should execute Bond. .- .- PB-5 JHI$ POW~R6.FATT9J:tNE'(IS}~,()T;VA~ID'~~_~E~~ltl~P~.I~T~P ()~~D BACK~ROUND';': '~. .,.. ~<:,. ~':;:::1-9:S 6 98 ThisPow~~ of Attorney,lim Its.:t6(adQrth~se~rialnE!~~ei'eln, ~rid,theY'haVe:nO . auttiority~t()bi~lCi the Company:'except'ill the 'manner,andto,the'extent herein stated;.':-,':" ':',', ,,::, ':: ,',: '" ': :,: ,:'> .:' :',', ", " , ' ' " " ,""" ' , :' ,: " 'liBERTY MUTUAL INSURANCECOMPANY" , ,', :<"",::,'~':B6sTOril'MAssAcHUSETTS, .' :. :'. ':.':::':. '. ; .: - -,' -!. ~ . ~_:- ~ : - ". : - - ".' . .~. _:. . . .' ~,,:':>:POWI;R'O'FATTORNEY ," ." . . - . -' KN6.WAJ..t,PE:RSON$I~rydHEs.E~ J?RESE~T~'i Th:at, LibertY:Mu~ual'lns~rancec:~mpany:(tbe "Gbmpa~y~);, a. Massachusetts mutl,Jal insLiranqecornpanYi' pursu'ant toa[ld by::ciuthority,ofthe By,law and Authcirizatlon " hereinafter 'setJorth," does:herebynarne, , , constitute ~ndappoint\ ROY SCARBOROUG'ii: .:i'ft EUGE'NEA:' CRONICMICHAEL'c: SHELTON' AlICIA-j.RHOAoES: ALL OF ,: , ; each lndividuaHyif1herEl, berriore th~Il"9re':n~med,its t~~'a~ lawful attorney;iQ"-:i~ct .to!iia)<e; execlTi~;:~eal: acknowle-~ge'and <;leliver, for and on its . behalf as surety and as its act an:dgl;le<j;'-any,?rid allu,nder:takin,gs;!)Onds,: rElcogr;tiiances",a~,d ,?thElr ~Orety <?bligations~ih,th,e penal surnflot ~xceeding ," . . . .,.' . ... '. . . . , . . ~ ... ~ '... TWENTY-FIVE MILLION .*..,....................*........,~~.~*.,....~.!....~.,~............~ bd''- ',' 25 000 000................' ' , ' ' , ' " . .. A.~~CZ~,~e,".~!~:~~~:?".,~~f~~;~,~H~~:,I~i::: :~: 'j': ;: LL::::: : :; ;.:<~R~:~$i:: ,.i :: ;':i:(,;.: : :~;;d,~:~1:;:~::: . : reco'gnlzances and other ~uret<o~ligajions: to be 'signed for' iheCompa,ny'an~ the: seal6f. the:Companyaffixect thereto,'-byany OIie,of the said ~ (,,' ROY SCA~B.O~_OUGH,JR'.,Et.iGEN"E 't-. ~RC?NI,9; MIC~A~LC: ~HEL TON, ~L1CIA J':,RHO~DES:.;:; ;'. .:. : .: .~.: . ;. ;:. ::; .'.: ... .. . . : ~: '... .'... ~..... ."..'.;,. ~',' .,:.. .:.,..: .,... '" ':'-c' :,.: ..;.'.:.'.., .:...,. ~ .:...... "',""" ':,"'" .',..'.. ',"" ':' '.-"'~ .'. .:. ',' ",' .,...... .:., ',~ .,.... CIl :' ,:, ',' .,.;..... ;'. . ;. ;'. ..; . .;'.,.:; . ::.,;-.:;'.: /. :',: '.'... '.-; ;:.:::; ;.:; .'. ';:':~". .:. ;. ;:';-. '.,,:, ;'. . ;; .... -;. .- ;'; .'; . . . .': .,. ;:. .-. .- .:; ',' . . ; .,. . . .-. .. :'; ;:, ;,' .- .'. .. .- "C-'c,r ." . " '~'$," . . '. . . ... ..,. .;. . ..-:,.".,.. ;c. ':__' ...':.";"...:... ',;",' .-,. '; :':::...;;" . . . .,. .,....... . .:'. . '.-;' ': .:' .. ; ",.,..-. ,.. .'. ". ;.:.. ',' . . , .; .. ;'. ;,' .. .:: '-'.' .'.. . . . ,-,:, .. .. ;,. . ca- ... ",_......... '.. .. .. .:. ..;.. .... ",. -..... .. .. .. .:.. .'... eo e,'., .",- .-...., !'-. .. .. :io_ .... ." ~.~ -. "e__.:,._ ._ "._e' ..:io .. '._ .'.-: .. .. e.,_ .;.. .".. .0" ,. ..:. .:.. .. ..:~ "." .".. ... .'_. ..". :",. .; .. _. ......- ,'. ~; . ., ... .:. . . .'. . ,. ..',. e.. '. .'. . ,'. .. . .. . . -.'. ,; .Q C ,....... .,.. ':. . .-.:'. " . ..:'. .. ;.. .;.. .'.:'. . .:~ .<.:. . +:"i.:. ;.. ',' ..:.: .. . . . ...,. .. ; . ; .. . . . .. .:.. ....,.~. .i.. . ',': .. . ,... .... .. "in(:liyidually. _~,~' And the execution. of~uch:'undertakings; bonds, recognizances and~therswety obligations, in: pur$uance of these, Rresents,shall be as binding. uRon ':g ..,~" theCOmparly'~s.if,t~ey,hadbeefl~uIY:~!gn~~by~~epre~iaentand <;lttested by the se9retBryof ttleComp<;lny in their own, proper persons: ' , t~ That this po\.je!iS~~d~an(j execuiedeursu~nit9'~n~~~t~~Jth~rityo(thefoHo~i~9'By.la~a~dAuthorization:' '. ::' "'~ : ' " : " : , ,'0 E ARTiCLE XVI-:EXe<:u'tion of Contracts: Sectjon 5. SiJrety Bonds and Undertakings: , .', ,': ',' --.- ,.- ':,;,:. .', .' "",. , ~ "~ The presldenrOr a vice president of an 1issistantvice'presidenrauthorized for that purpose in writing by'the president and the secretary' or an :J:: 'iii' 1issi~tant:secreitary authorized for, that p\lrpose, inwriting I:lY the'president,-subjecttosuch limitations as the board, may prescribe,-shall appoint ~ 0 such attorneys~in"fact,as maybel']ecessary t~'-act,in behalf of ,the comRanyto make; execute, seal, ackrlOwledge and deliver as surety any - ,~'Cand all'unde~akings.:bond$, recognizances"e,ndqther'surety obligatipns..,Such attorl1eys-in-fact, subject t<;> the limitations setforth in their C III respective powers of attorney,:sha,II' haYe:, fl,lllpower'to Qindthe co~pany: by thElir: signature and execution of any such instruments and to : ~ '~'attach.theretothe,sealof thecompany (;lither by arUmpressionofthe seal or by the attachment ofaseal,of:paper'orother,similar sub,stance - '- pearlng a facs'r:nil(;limpreSSion'of tqeseal. vvheriso executedsucl:1instrume!'lts shall beas,binding,asifslgned byJhe president and attested aiO , '. by the secretary. , , " ,..:, ,: " ' ,',',' '". .'., ..,', .' " ,,', ' . " 'g~, By, the fOllowirig'instrurneni:the presid_enf6as:auttiorizE3dj~e officers namea thereinto' appoil1tattorilE1ys-in-fact: ..' .." ,', ,,' , , " ',' ,', .': " ,~,~Pursuantto ArtiCle-XVI. Section 5 ()f the By,:ja~s; Vice President H,:Robert Schi~lke,iogeitherwfth Assistan~ secretarY ~arriet W, Elliott, ai-e & 1;) - hereby, authorized to appoint,suctl Cittorneys;incfacra5 may qenecessa.ry to act inJ;lehalf oUhe comp(jny:to' make, execlite, seal, acknowledge III ~ : .'. and deliver assuretyCiny and all~npert~klngs.'bon(jsj recognizances apdother surety obligations. ,': ' ".' '.', , ' , ' , ~S Tha\i.heBy':laIY and the Authorization,:abpveset.torthare.tJ:tiecopies thereof andarenow,in full forc~andeffecL .' , , " ",," , Oe '.=~ IN WITNESSWHEREOF,thlsinstrUme~{hasbeensJ~scribed by its:authorized officer and the corPorate: seal df the saidLibertyMutuallnsuranc~ ....2! CompanyhCis'been'affixed rat in Plymouth Meeting~:Pennsylvania this ,',' 15th,' : day of '-' September " , .' . .'; 19 94 .,'., ;S!~ ,', " .". ',: ,:' 1: ::..,\'.~', ' ' " ',_ qB.~RTY~l:Jt0AL INSURANCE COMpANY '~"" '.', ',', ".. ". '. ;g ~,;~'l\ ~ . ,: .' .", " " . ~ , ',', , '~ /.J",L ~ 5i, , " " By' ~eifr~,:t../:~, ~'8 ",,',.-,.,,:\ ,....~...;,;::' "Garnef,^,;'~"iOlt, A~!stal1t',~~~t~!'y,:", , . ' COM'MONWEALTt-t'O'FP'ENNS'V.(VANI.A' ": .'~".'-;>.Ss':,-',~---~,,::~~'.':._... .....:~...;. :.:.~:'.:.:.~~:.:_~"': ...~::.~~-..:._ '. . . COUNTY OFMONTGOMERY , ',~.:,"', ," ',' ' , , ' ,.'" ',', , " , ':" ' .' . ."" '. :.....~. - '. '.. -'. ,....::: ...... ....~.., . ........,'... ..- ~ ~ On this '1 th' y~~,' '" Se t~mber: .-' ':, A.D,,19~';,be(ore m~, a Notary'p~bric, personally came the individual, known to me to be the therein ~g.<ibeo in' I and officer of Li15erty.Mutuallnsurance,Company-.who'executed the preceding,instrument, and he acknowled- ged that he execute 1G~~ e seal 'affixed to, the said preceding instrument Is)he' corporate seal of said company; and that said corporate seal and his ~ignat r/f} ~~no_e -'" ~a~ duly affix~d ~d"su,~scribed to tl1.e ,safd instruITlent:by aut~.ri~ and direction qf ,~he said company, , IN TES~IMO~'EEREO!' I w~~. ,set my hand and ~ffiX niy official seal at Plymo~t~ ~eetin~, PA,'th~d.aY_,a.']d y~ar first above written, k 0" J"' i\!(j 'ARIA"]... \iEAl,', ' ' 8' ~" ..,~~' '..,,' , , ~,\.'" <- ,~ l., ~r.iNAJ:' ",HIElQ!;, f\ilJ',,,}-)"ult., ' ,', .', ,-' ' - ,,::"'~' ClVOl'P,m1-d:>1phlil''h,ra,e""r,1y - '-J. _~ ' , ~~ (; My Comm'.ss:un ::.pifC5;_ 7, I\I-<lll Notary Public , ," - '~~;"'--~\1tl\)'J ' , CERTIFICATE I, the undersigne ;"'/:\~tane.$eCretary of liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is'afulI"trueand'COl'reCt copy"IS In full,force and effect on the date otthis certificate; and I do further certify that the officer who executed the . said power of attorney was oneot the officers specially authorized by the board to appoint any attorney-in,fact as prOVided in Article XVI"Se,ction5 6f the By-laws of the Uberty Mutual Insurance Company, ,:' " '. " " , , ,,'. ",' c .'. c .' ',' Thisc~rtificate. may' be signed by :fa, csimileunder and bY. authority, of ihefollowing vote of the board of director,S of the libertY- M.utuai'fnsurance CompanyatameEltlngdulycallE1dandh~ldon\he12th(jayofMarch,:1980.'-," ,:', , "..,', ,,', ',' ,,' .'" , ' <,.''-' ".' VOTED ., thadhe facsimile or mechanicallyj'eproduced signatu~e ,of ahy assistant secretary of the' company wherever.appea:r1n.g upon, a certifi.ed , - .>copy of any powe(pf attorney is~ued byCtti13company, shall'be italid andbind,ing upon the company with the samefQrce arid effect~as ;= thoiJgh rnanuallyaffixed:.,..,:; '. ':" '_' " . " .:.- , '?j ,~ ' ,. IN TESTIMONY WHEREOF, I ha~e ~ej-eiJntosLJO$Crib,e~my na'rrie an:ct affixedtbe corpcirCite seal of the, said cpmpany, this ' . '~. ~, ,. day of ,', ';'19 ',' ., (::r~ .~'^~AAl',.';f.. ;:L~,."p :::"" , " .' ".", ' " .' '. " "',~",::<,...; ASsistantSecr~lary\ .. THIS POWER OF ATTORNEY MAY NOT BE'USED T?:"EXE~l!TE ANY BON[) WITH AN INCEPTI9~ DATE AFTER December' 31.' ,19~, . CERTIFICATE OF OWNER'S ATTORNEY . I, the undersigned ~~es 7.? tdal) , 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 representati ves; 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. - 1~ DATE: COA-l . SECTION NP NOTICE TO PROCEED . TO: DATE: . PROJECT: . You are hereby notified to commence work in accordance with the Agreement dated , 1996, within Ten (.!.Q) calendar days following this date, the date first written - - above, and you are to complete the work within (___) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore , 19 - - BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted day on this , 19 of BY: TITLE: NP-l . . Page No. . GC - 0 1. GC-02. GC-03. GC-04. GC-OS. GC-06. GC-07. GC-08. GC-09. GC-10. GC -11. GC-12. GC-13. GC-14. GC-1S. GC-16. GC-17. GC-18. GC-19. GC-20. GC - 21. GC-22. GC-23. GC-24. GC-2S. GC-26. GC-27. GC-28. GC-29. GC-30. GC-31. GC-32. GC-33. GC-34. GC-3S. GC-36. . . -. - SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF, GENERAL CONDITIONS Section Definitions Additional Instructions and Detail Drawings Schedules, Reports and Records Drawings and Specifications Shop Drawings Materials, Services and Facilities Inspection and Testing Substitutions Patents Surveys, Permits and Regulations Protection of Work, Property and Persons Supervision by Contractor Changes in the Work Changes in Contract Price Time for Completion and Liquidated Damages Correction of Work Subsurface Conditions Suspension of Work, Termination and Delay Payments to Contractor Acceptance of Final Payment as Release Insurance Contract Security Assignments Indemnification Separate Contracts Subcontracting Engineer's Authority Land and Rights-of-Way Guarantee Taxes Work Adjacent to Railway or Other Property Order and Discipline Warning Devices and Signs Special Restrictions As-Built Drawings Contractor Not to Hire Employees of the Owner GC-l 2 4 4 4 5 6 6 7 8 8 9 10 10 10 11 11 12 12 14 16 16 18 19 19 19 20 20 ,21 21 22 22 22 22 22 23 23 . . 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. GC-2 . 12. ENGINEER: The person, firm or corporation named as such in the Contract Documents. . 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 addi tions to the General Conditions of a speci f ic 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. GC-3 . . 25. WORK: All labor necessary to produce the construction required by the Contract Documents and all materials and equipment incorporated or to be incorporated in the project. . 26. WRITTEN NOTICE: 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 person 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 carryon 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 us, occupancy or operation by the Owner. GC-4 . . 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. . 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-05. 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. GC-5 . . 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 Engine~r. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC-06. MATERIALS, SERVICES AND FACILITIES: . 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, 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. 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 of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. GC-07. INSPECTION AND TESTING: 1. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing 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. I f the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other that the Contractor, the Contractor will give the Engineer timely notice of readiness. GC-6 . 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 relive the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents. . 6. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. . 7. If any work is covered contrary to the written request of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense. - - 8. If any work has been covered which the Engineer has not specifically requested to observe prior to its being covered or if the Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to be defective, the Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate change order shall be issued. 9. The Contractor shall give the Engineer 24' hours notice of starting any new work. No work shall be done or materials used without suitable supervision and inspection by the Engineer. The Contractor shall furnish the Engineer with necessary samples of material for testing purposes. GC-08. SUBSTITUTIONS: 1. When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those referred GC-7 . . 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 infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-10. SURVEYS, PERMITS AND REGULATIONS: 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 sui table number of benchmarks adjacent to the work as shown in the Contract Documents. From the information provided by the Owner, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. 2. The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. 3. Permits and licenses 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 GC-8 . . variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13, 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 utili ties 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 the fault or negligence of the Contractor. 3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto ,.the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby and a Change Order shall be issued covering the changes and deviations involved. 4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and accepted, except to damage or injury caused directly by the Owner's agents or employees. GC-9 . 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 Documents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineer written notice thereof within ten (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-IO . GC-1S. TIME FOR COMPLETION AND LIQUIDATED DAMAGES: . 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. . 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. 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 and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 4.1 To any preference, priority or allocation order duly issued by the Owner. 4.2 To unforeseeable causes beyond the control and without the fault of negligence of the 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 Documents and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or repracement. 2. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action GC -11 . . to remove such rejected work within ten (10) days after receipt of written notice, the Owner may remove such work and store the materials at the expense of the Contractor. . 3. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall not be construed to be an acceptance of any defective work or material. The Contractor shall remove, at his own expense and shall rebuild and replace same without extra charge and in default thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer shall not consider the defect of sufficient importance to require the Contractor to rebuild or 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 if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required, for performance of the work, an equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given the required written notice; provided that the Owner may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. GC-18. SUSPENSION OF THE WORK, TERMINATION AND DELAY: 1. The OWner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. GC-12 . . 2. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. . . . .-. - 3. The Contractor must obtain permission from the Engineer before any equipment can be removed from the job site. In the event such equipment is removed without the Engineer's approval, the job will be terminated until such time as the equipment is returned to the project and any time and money lost by the Contractor as a result of moving the equipment shall be absorbed by the Contractor. 4. Where the Contractor's services have been so terminate by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention 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 wi thout 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. GC-13 . . 6. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority of the Engineer fails to act on any request for payment within thirty (30) days after it is submitted or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten (10) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. . . . 7. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if no time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. - GC-19. PAYMENTS TO THE CONTRACTOR: 1. Between the first (1st) and the fifth (5th) of each month, the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the Contractor on an approved form covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect his interest therein, including applicable insurance. The Engineer will, wi thin ten days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner will, wi thin ten days of presentation to him of an approved partial payment GC-14 . . 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, materialmen and furnisher of machinery and parts thereof, equipment, tools and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above' have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall - - GC-15 . 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 liabili ty to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or otherwise, shall not release the Contractor or his Sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. -. - GC-21. INSURANCE: 1. The Contractor shall purchase and maintain during the life of this Contract such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's execution of the work, whether such execution by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 1.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any 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 GC-16 . . Certificates shall contain a provision that coverages 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 of liability of not less than $500,000 for any such damages sustained by two or more persons in anyone accident. Insurance shall be wri tten 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, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case 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 GC-17 . Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. . 5. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be less than 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 Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-23. ASSIGNMENTS: 1. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or' his right, title or interest therein, or his obligations thereunder, without written consent of the other party. GC-18 . GC-24. INDEMNIFICATION: . 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. . . 2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. -. -- 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC-25. SEPARATE CONTRACTS: 1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work ,and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. 2. The Owner may perform additional work related to the Project by himself or he may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of the work and shall properly connect and coordinate his work with theirs. GC-19 . . 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 addi tional work by the Owner or others involves him in addi tional 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 of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. -. - 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. - 4. The Contractor shall cause appropriate prov1s1ons 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. GC-20 . . 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: -. - l. Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights-of-way necessary for carrying out and for the completion of the work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed. 2. The Owner shall provide to the Contractor information which delineates and describes the lands owned and rights-of-way acquired. 3. 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. GUARANTEE: 1. The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one (1) year from the date of substantial completion. The Contractor warrants and guarantees for a period of one (1) year from the date of substantial completion of the system that the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as, may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments or other work that may be necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect though the guarantee period. GC-30. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. GC-21 . GC-31. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY: . '1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner or of other railways, persons, or property, the work shall be so conducted as not to interfere with the movement of trains or other operations of the railway, or, if in any case such interference be necessary, the Contractor shall not proceed until he has first obtained specific authority and directions therefor from the proper designated officer of the Owner and has the approval of the Engineer. . GC-32. ORDER AND DISCIPLINE: . 1. The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the work with the Engineer's written consent. - - GC-33. 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 will be in accordance with the Georgia Manual on Uniform Traffic Control Devices for Street and Highways, July, 1962, "Traffic Control for Highway Construction and Maintenance Operations," Section 111-1 through 111-75. 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-34. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness or on Sunday without permission of the Owner. GC - 3 5 . AS-BUILT DRAWINGS: 1. The Contractor shall furnish to the Engineer three (3) sets of marked up drawings for an "As-built" record showing all deviations from the Contract Drawings. The marked up sets shall include actual dimensions from permanent markers accurately locating all underground piping. GC-22 . GC-36. CONTRACTOR NOT TO HIRE EMPLOYEES OF THE OWNER: . 1. The Contractor shall not employ or hire any of the employees of the Owner. . . - - GC-23 . SECTION SGC-O INDEX TO SUPPLEMENTAL GENERAL CONDITIONS . SECTION TITLE SGC-Ol. Drawings SGC-02. Field Office Facilities . SGC-03. Rights-of-Way SGC-04. Estimate of Quantities SGC-05. Existing Structures and Utilities . SGC-06. Contractor's Breakdown of Lump Sum Payment Items SGC-07. Prior Use By Owner SGC-08. Cleaning Up . SGC-09. Maintenance of Traffic SGC-I0. Maintenance of Access SGC-l1. Erosion Control and Restoration of Property - SGC-12. Bypassing Sewage SGC-13. Safety and Health Regulations SGC-14. Pre-Construction Conference SGC-15. General and Supplemental Conditions Not Applicable To This Contract SGC-O . SECTION SGC-O SUPPLEMENTAL GENERAL CONDITIONS . SGC-Ol. DRAWINGS: . The Owner will furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. Location of all features of the work included in the Contract are indicated on the Contract Drawings. The following drawings comprise the plans for the Contract: Note: The Contract Drawings are listed under Special Condition SC-02., LIST OF DRAWINGS:. . SGC-02. FIELD OFF!CE FACILITIES: . The Contractor shall provide, at a point convenient to the work, suitable office facilities for housing records, plans and contract documents. A telephone shall be provided at the Contractor's office for expediting the work and be made available for the use of the Engineer. A complete and up-to-date set of the plans and specifications shall be available at the field office at all times that the work is in progress. SGC-03. 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 land 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-04. 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 SGC-l . . 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-05. EXISTING STRUCTURES AND UTILITIES: . The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work. The Contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. . SGC-06. 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-07. PRIOR USE BY OWNER: Prior to completion of the work, the Owner may take over the operation and/or use of the incomplete project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC-08. 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. SGC-09. 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 SGC-2 . . 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. SGC-l0. 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 facili ties 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-l1. 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. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. SGC-12. 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-13. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL31-S96) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-S4). SGC-14. PRE-CONSTRUCTION CONFERENCE: A pre-construction conference shall 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-3 . GENERAL AND SUPPLEMENTAL CONDITIONS NOT APPLICABLE TO THIS CONTRACT: SGC-15. The sections listed in SGC-Appendix A shall not apply to . this contract and shall be construed as not existing. . . .- - SGC-4 . SUPPLEMENTAL GENERAL CONDITIONS APPENDIX A . SCG-Ol. The following sections of Supplemental General Conditions shall be deleted from the Contract Documents: SGC-02. Field Office Facilities SGC-12. Bypassing Sewage . . -. - SGC-5 . SECTION SC-O SPECIAL CONDITIONS . SC-Ol. SCOPE: The project referred to in the Agreeme.r:t shall consist of . the hereinafter referred to by project name as 1996 Resurfacing Program. SC-02. LIST OF DRAWINGS: . The following drawings, prepared by comprise the plans for the project. Sheet Date No. Title Oriqinal Revised .- -- 1 Index Map SC-03. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material into the stream beds of water courses adjacent to the project. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. SC-04. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. sc-o . Sc-os. PLANS AND SPECIFICATIONS FURNISHED: . The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct blue line prints together w~th a like number of complete bound specifications for construct1on purposes. Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. . SC-06. EXISTING STRUCTURES: . Where sidewalks, street signs, private signs, walls, sidewalks, fences, etc, are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. SC-07. SALVAGE MATERIAL: .- -- All grates, railroad ties, cobblestones, granite curbing, manhole frames and covers, will remain the property of the Owner and will be stockpiled at the Public Works Department, 1568 Broad Street, in the manner directed by the Engineer. SC-D8. REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. SC-09. TRAFFIC CONTROL: Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the F.ederal Highway Administration, Edition of 1978. The Contractor shall give prior wri tten notification to and shall obtain the approval of the Augusta-Richmond County Fire and Police Department of any street closures. SC-1D. CONSTRUCTION ORDER AND SCHEDULE: 1. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traf fic; utility lines; drainage ways; adjacent properties; and as otherwise specified. SC-l . 2. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: . A. Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. . B. A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the contract time. C. A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construc:tion is clearly shown. . 3. With each request for payment the Contractor shall submit two copies of the bar chart clearly marked to show the work completed at the date of the payment requested. -. - SC-ll. CONSULTING ENGINEERS: The Owner may engage consulting engineers to assist the City Engineer, by preparing plans and specifications for the work and by providing certain services during the bidding and construction phases of the project. The consulting engineer,____ are authorized to represent the City Engineer wi thin the limits of the various duties delegated and assigned to the firm by the City Engineer. Nevertheless the City Engineer remains the final authority hereunder and is the "Engineer" as used throughout the Contract Documents. .- - SC-12. INSPECTION: The Owner shall provide sufficient competent engineering personnel for the technical observation ,and testing of the work. The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspections. Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or "equipment on the ground to carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate SC-2 . . thorough inspection or the culling over or removal of defective materials or for any other purpose requiring discharge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that mayor may not be used in the work. . Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances use by the Contractor, nor for the safety of the job. . If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of supply. If any work should be covered up without review or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. .- -- Re-examination of any work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of re-examination and replacement. I f such work is not in accordance with the Contract Documents, the Contractor shall pay such cost. .a;-, SC-3 . . TECHNICAL SPECIFICATIONS SECTION 1 BITUMINOUS PAVING . 1.01 SCOPE: This section covers a bituminous tack coat, leveling course and a hot asphaltic concrete surface course, complete. . 1.02 REFERENCE: -. - All reference sections and articles refer to Department of Transportation, State of Georgia, Standard Specifications, Construction of Roads and Bridges, 1983 Edition and Supplemental Specifications Modifying the 1983 Standard Specifications for Construction of Roads and Bridges, 1989 Edition. 1. 03 CLEANING OF EXISTING SURFACE: - -- Before beginning the application of any hot mix asphaltic concrete pavement, the existing surface shall be cleaned and free of all surface dust and all other loose and foreign materials which would keep the bituminous material from adhering to the base. 1. 04 LEVELING COURSE: After cleaning has been completed, any leveling course needed shall be applied in areas designated by the Engineer. The asphalt concrete leveling course shall be Type "G or H" in accordance with Department of Transportation Specifications. Water valves, manholes, etc., shall then be raised prior to receiving the surface course. (a) Material and Construction: Material and construction shall conform to requirements of Georgia Department of Transportation Specifications. 1.05 BITUMINOUS TACK COAT: (a) Material and construction shall conform to requirements of Section 413 of Department of Transportation Specification. (b) Quantity per square yard: .06 gal. per square yard. TSl-l . 1.06 ASPHALT CONCRETE SURFACE COURSE: . The asphalt concrete surface course shall be "G" Mix and of 1" compacted thickness. . (a) Materials: The materials to be used shall be in accordance with the following sections of the Georgia Department of Transportation specifications: . Asphalt Cement Section 820-Table 820-1 Course Aggregate for Asphaltic Concrete Section 802.02 Fine Aggregate for Asphaltic Concrete Section 802.01 Mineral Filler Section 883 .- - (b) Application: Apply asphalt concrete surface course in accordance with applicable requirements of Section 400 of the Georgia Department of Transportation Specifications. Asphaltic concrete will not be placed on wet pavement or with an air temperature of less than 55 Degrees Fahrenheit unless directed by the Engineer. 1.07 TESTS: (a) The Contractor will be required to furnish all necessary samples of materials for testing to demonstrate conformance to these specifications. The owner will engage a local testing agency to make all tests. The testing reports will determine the suitability of the material. Samples of the plant mix will be taken during the course of construction. 1.08 MEASUREMENT AND PAYMENT: (a) Leveling Course: Payment for leveling course, Type "G or H" will be made at the contract unit price per ton as set forth in the proposal. The Contractor shall submit delivery tickets with his request for payment for leveling course. No payment will be made without submittal of tickets. This payment shall represent full compensation for the furnishing, hauling and placing of the material and shall be measured by truck load measurement. (b) Bituminous Tack Coat: The tack coat will be paid for at the contract unit price per gallon as se forth in the proposal. This payment shall be full compensation for preparing and cleaning, for furnishing, hauling and applying all material necessary to complete the work. TSl-2 . . (c) Asphaltic Concrete Surface Course: Payment for asphaltic concrete surface course, Type "G" will be made at the contract unit price per ton as set forth in the proposal. This payment shall represent full compensa tion for the furnishing, hauling and placing of the material and shall be measured by the ton, in place. periodic payments will be made according to estimated quantities shown in the bid schedule. Final payment will be based on actual quantities measured in the field, at a one inch thickness per square yard. . . . .- - TSl-3 . . TECHNICAL SPECIFICATIONS SECTION 2 MANHOLE AND WATER VALVE ADJUSTMENT . 2.01 SCOPE: This section consists of adjusting existing manhole rings and covers and water valve boxes to grade. . 2.02 WORK BY OTHERS: Georgia Power, Southern Bell and Georgia Natural Gas Company will be responsible for adjusting their respective structures. . 2.03 WATER VALVES UNDER PAVEMENT: . The contractor will notify the Water Works Department five (5) days before beginning work on each individual street. Waterworks will paint on the existing pavement the location of any water valves and manholes under existing pavement. 2.04 MATERIALS: .- -- (a) Manhole Adjustment: The principal materials to do this work as specified herein shall be those salvaged from the removal of the existing structures. The suitability of the salvaged material for this use will be determined by the Engineer. All rings and/or covers that are broken and cannot be reused shall be delivered to Streets and Drains Dept., 1568 Broad Street. The Owner will furnish new rings and/or covers. Other materials necessary for the completion of the structure, such as mortar, cement, sand, bituminous filler, brick and other materials, shall meet the requirements of the Georgia Department of Transporta- tion Specifications. (b) Water Valve Adjustment: The principal materials to do this work, as specified herein, shall be those salvaged from the removal of the existing structures. The suitability of the salvaged material for this use will be determined by the Engineer. All valve boxes that are not standard shall be removed and replaced with standard boxes. TS2-1 . . . 2.5 . .- - Valve boxes not meeting specifications shall be delivered to the Water Works Department, 2822 Central Avenue. The OWner will furnish replacement valve boxes for use on this project. Other materials necessary for the completion of the structure, such as mortar, cement, sand, bituminous filler, brick and other materials shall meet the requirements of the Georgia Department of Transportation specifications. LAMPHOLE REMOVED AND STANDARD MANHOLE INSTALLED: (a) Manhole Frames and Covers: 1) General: Manhole frames and covers in improved areas or streets shall be set flush with the finished grade. In unimproved areas or where no finished grade is established, the top of the frame and cover shall be set one foot above the existing ground, unless otherwise directed. The word SEWER shall be cast on the manhole cover. 2) Standard Frames and Covers: Cast iron for manhole frames and covers shall conform to ASTM A-48, Class 30, gray iron. Casting shall be quality cast iron such that the metal is strong, tough and of uniform grain. They shall be smooth, free from scale, lumps, blow-holes, blisters and defects of every kind which render them unfit for the intended use. No plugging or filling shall be permitted. All bearing surfaces shall be machined to provide uniform mating and to eliminate rocking. Standard frames and covers shall be Sumter Machinery Company No. MF-68L frames and MC-68L covers. 3) Installation: The top of the manholes shall be topped out with brick as required. The number of courses will depend on the required elevation of the top of the manhole. The brick shall be laid radially in header courses with joints broken by staggering each successive course. The manhole ring and cover shall be set in a bed of mortar on the top course of brick and the outside of the manhole shall be plastered for the full extent of the brickwork with mortar to a thickness of not less than 1/2 inch. The inside face of the manhole brickwork may be rubbed with a cloth in lieu of striking the joints. The brickwork and mortar shall be protected against low temperatures and cured so as to prevent damage by freezing. TS2-2 . . 2.06 CONSTRUCTION: . Construction methods shall be in compliance with Section 611, Article 611.03 of the Georgia Department of Transportation Specifications. Manholes, valve boxes and utility structures shall be adjusted to grade after completion of leveling course per Section 1.04 and prior to application of surface course per Section 1.06. 2.07 UTILITY ADJUSTMENT ON LARP STREETS . a) Utility Adjustment: .- .. Manhole and water valves boxes as shown in the bid schedule under frames LARP (Local Assistance Road Paving Program), shall be raised to grade after the surface course is applied or before depending upon the progress of the LARP contractor. Cutting of newly placed pavement will be accomplished using an asphalt saw cutting a circular pattern. b) Materials: Asphalt replacement will make the surrounding pavement in both type and thickness. c) Location: The location of existing manholes will be marked by the Owner. 2.08 MEASUREMENT AND PAYMENT: (a) Manhole Adjustment: Payment for adjusting manhole rings and covers will be paid for at the contract unit price per each as set forth in the proposal. This payment will be for full compensation for the furnishing of all materials (except grates and frames), ,forms, equipment, tools, and labor to complete the work. (b) Water Valve Adjustment: Payment for adjusting water valve boxes will be paid for at the contract unit price per each as set forth in the proposal. This payment will be for full compensation for the furnishing of all materials (except valve boxes), forms, equipment, tools and labor to complete the work. TS2-3 . . TECHNICAL SPECIFICATIONS SECTION 3 . MILLING 3.03 SCOPE: This section covers the milling of existing asphaltic concrete pavement. . 3.02 REFERENCE: . All reference section and articles refer to Department of Transportation, State of Georgia, Standard Specifications, Construction of Roads and Bridges, 1983 Edition and Supplemental Specifications Modifying the 1983 Standard Specifications for Construction of Roads and Bridges, 1989 Edition. 3.03 MILLING ASPHALTIC CONCRETE PAVEMENT: .. ~ Equipment and construction shall conform to the requirements of Section 432 of Department of Transportation Specifications. 3.04 ASPHALT OVERLAY AFTER MILLING: ... Milling and asphalt overlays will be scheduled such that no street remains in a milled condition more than 5 days before the surface course is placed. 3.05 CURB AND GUTTER SECTIONS: For streets with curb and gutter, the depth of milling shall be 1" (one inch) below existing gutter, full street width, or as directed by the Engineer. 3.06 HEADER CURB SECTION: For streets with header curb, the depth of milling shall produce a full 6 inch curb height, from gutter to gutter, or as directed by the Engineer. TS3-1 . . . ~ ~ ~ ~ 3.07 . MEASUREMENT AND PAYMENT: Payment for milling of asphaltic concrete pavement will be made at the contract unit price per square yard as set forth in the proposal. This payment shall represent full compensation for furnishing equipment, material removal and hauling necessary to complete the work. TS3-2