HomeMy WebLinkAboutBEAMS CONTRACTING REPLACEMENT OF GUARDRAILS RIVERWATCH PARKWAY $77,461.00CITY OF AUGUSTA, GEORGIA
OFFICE OF THE PROCUREMENT DIRECTOR
530 GREENE STREET SUITE 605
AUGUSTA, GEORGIA 30901
(706) 821 -2422
www.au staff oovv
DATE: February 22, 2010 BID NO. 10 -102
SUBJECT: Invitation to bid on the following equipment, supply, and /or services.
NAME OF BID: Replace Failed Guardrails
This letter extends to your Firm an invitation to submit a bid to supply the City of Augusta with equipment,
supplies, and /or services as indicated above. Sealed bids for the above will be received at the Office of the
City Procurement Director, 530 Greene Street — Suite 605, the Municipal Building, Augusta, Georgia, up to
11:00 a.m. on Tuesday, April 6, 2010, at which time, bids will be opened and publicly read. The Board of
Commission reserves the right to reject any and all bids and to waive formalities.
Instructions for preparation and submission of a bid - proposal are contained in the attached packet. Please
note that specific forms for submission of a bid proposal are required. Bids must be typed or printed in ink. If
you do not bid, return signed bid invitation sheet and state reason. Also, please clearly mark the outside
of your envelope as "No Bid."
Any changes to the conditions and specifications must be in the form of a written addendum to be valid;
therefore, the City will issue a written addendum to document all approved changes. Any bid submitted
which does not acknowledge the receipt of an addendum will not be considered.
The City of Augusta seeks to ensure that all segments of the business community have access to supplying
the goods and services needed by City programs.
Doing business with Augusta has become easier! The new ARCBid link, which is located on the
Procurement Department's website at www.augustaoa.aov enables you to view current and past public bid
information online. Should you have any questions concerning the bid documents, or need additional
information, you may contact a member of the Bid and Contract Team directly @ 706 821 -2422. A request
for bid documents must be faxed to 706 821 -2811.
A Bid proposal from your Firm will be appreciated.
Sincerely yours,
�e ^i
Geri A. Sams
Procurement Director
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Invitation to Bid
Sealed bids will be received at this office until 11:00 a.m. Tuesday, April 6, 2010 for furnishing:
Bid Item #10 -102 Replace Failed Guardrails for Public Services Department —
Maintenance Division
Bid Item #10 -103 Remove and Replace Asphalt Medians Briefcliff Subdivision for Public
Services Department — Maintenance Division
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706 - 821 -2422
Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene
Street - Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at
the offices of Augusta, GA Procurement Department. A Mandatory Pre -Bid Conference will be held on
Tuesday, March 23, 2010 @ 10:00 a.m. in the Procurement Department - Room 605. All questions
must be submitted in writing to the office of the Procurement Department by fax at 706 -821 -2811 or
by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions
are to be submitted in writing by Friday, March 26, 2010 by 5:00 p.m.
The local bidder preference program is applicable to this project. To be approved as a local bidder
and receive bid preference on an eligible local project, the certification statement as a local bidder
and all supporting documents must be submitted to the Procurement Department with your bonafide
bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10%
Bid bond is required to be submitted in a separate envelope so marked along with the bidders'
qualifications; a 100% performance bond and a 100% payment bond will be required for award.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared e tot he
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, app
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the
number of copies needed, the timing of the submission, the required financial data, and any other
requirements designated by the Procurement Department are considered material conditions of the bid
which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside
of the envelope.
Bidders are cautioned that sequestration of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle February 25, March 4, 11, 18, 2010
Metro Courier March 3, 2010
cc: Tameka Allen Interim Deputy Administrator
Mike Greene Public Service
Dennis Stroud Public Service - Maintenance Division
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1.7 Errors in Bids: Bidders or their authorized representatives are expected to fully inform themselves
as to the conditions, requirements and specifications before submitting bids. Failure to do so will be
at the bidders' own risk. In case of error in extension of prices in the bid, the unit prices shall govern.
Correction or withdrawal of bids. Correction or withdrawal of inadvertently erroneous bids before or
after bid opening may be permitted under the circumstances described below:
(1) Mistakes discovered before bid opening may be modified or withdrawn by written or
telegraphic notice received in the office designated in the invitation for bids prior to the time
set for bid opening.
(2) After the bid opening, corrections to bids shall be permitted only to the extent that the
bidder can show by clear and convincing evidence that a mistake of a non judgmental
character was made, the nature of the mistake, and the bid price actually intended.
Otherwise, no changes in bid prices or other provisions of bids prejudicial to the interest of
Augusta- Richmond County or fair competition shall be permitted.
(3) In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted
to withdraw its bid if:
a. the mistake is clearly evident in the bid document but the intended correct bid is not
similarly evident; or
b. the bidder submits evidence which clearly and convincingly demonstrates that a mistake
was made.
(4) All decisions to permit the correction or withdrawal of bids, or to cancel awards or
contracts based on bid mistakes, shall be supported in a written report made by the
Procurement Director.
(5) Withdrawal after receipt of bids is cause to forfeit bid security unless substantial evidence
was presented clearly evidencing the mistake and hardship that would occur to either the
County or the bidder in the event of award
1.8 Standards for Acceptance of Bid for Award Contract: The City reserves the right to reject any or
all bids and to waive any irregularities or technicalities in bids received whenever such rejections or
waiver is in the interest of the City.
The City reserves the right to reject the bid of a bidder who has previously failed to perform properly
or complete on time contracts of a similar nature, or a bid from a bidder whom investigation shows is
not in a position to perform the contract a bidder who failed to submitted any requested
documentation to include bid bond, performance and payments.
1.9 Bidder: Whenever the term "bidder" is used it shall encompass the "contractor ", "purchaser" or other
party having a contract with the City in such capacity after a contract has been entered into or
between such party and the City.
1.10 Compliance with laws: The bidder shall obtain and maintain all licenses, permits, liability insurance,
workman's compensation insurance and comply with any and all other standards or regulations
required by federal, state or City statute, ordinances and rules during the performance of any
contract between the bidder and the City. Any such requirement specifically set forth in any contract
document between the bidder and the City shall be supplementary to this section and not in
substitution thereof.
1.11 Termination of Contract: The City of Augusta may cancel the contract at any time for breach of
contractual obligations by providing the consultant with a written notice of such cancellation. Should
the City of Augusta exercise its right to cancel the contract for such reasons, the cancellation shall
become effective on the date as specified in the notice of cancellation sent to the contractor.
1.12 Terms of Contract: This is a one (1) year contract with a possible one year option; unless
otherwise specified by the owner.
1.13 Bid Price: Bid price to include inside shipping charges.
1.14 Turn around Time: Five (5) days after receipt of order; unless specified and accepted by the
owner.
1.15 All Bidders must bid on all items listed in specifications. Bid will be awarded to the lowest responsive
bidder. (If Applicable)
1.16 Prices must remain effective.
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1.17 Non - Collusion Affidavit: By signing and submitting this bid, bidder declares that its agents, officers
or employees have not directly or indirectly entered into any agreements, participated in any
collusion or otherwise taken any action in restraint of free competitive bidding in connection with this
bid. In the event, said bidder is found guilty of collusion, the company and agents will be removed
from the City's bid list for up to three years and any current orders will be canceled.
1.18 The City pays by invoices only net 30. Unless otherwise arranged. Invoices should be sent to the
following address:
City of Augusta
Richmond County Georgia
Accounting Department — Room 105
City - Municipal Building
530 Greene Street
Augusta, Georgia 30901
1.19 All Bids, Request for Proposal /Qualifications and or Quote are governed and awarded in accordance
to The City of Augusta, Georgia (Richmond County) Code. To view the Code visit Augusta's website
at www.auqustaga.00v
GENERAL CONDITIONS
2.1 Specifications: Any obvious error or omission in specifications shall not inure to the benefit of the
bidder but shall put the bidder on notice to inquire of or identify the same from the City. Whenever
mention is made of any article, material, or workmanship to be in accordance with laws, ordinances,
building codes, underwriter's codes, American Society for Testing and Materials (A.S.T.M.)
regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be
construed to be the minimum requirements of these specifications. Some specifications are made
from actual samples or prior use.
2.2 Delivery Point: Unless otherwise stated, all items shall be quoted and delivered F.O.B. Destination
(i.e., at a specific City of Augusta address), and delivery cost and charges (if any) will be included in
bid price.
2.3 Unit of Measure: In cases where the Unit of Measure is noted as part of the specification cost of
the item or service will reflect the unit of measure listed within the specification.
2.4 Delivery Time: When delivery time is requested in invitation documents, time will be of the essence;
therefore, bid shall include the delivery date. In some instances, the City may specify an outside
delivery date.
Note: Deliveries must be made between the hours of 9:00 A.M. — 4:00 P.M. For more information,
please call (706) 821 -2422.
2.5 Preparation For Delivery:
(A) Packing - Packing shall be accomplished in accordance with acceptable commercial practices
for domestic shipments, unless otherwise stated in the contract or purchase order. The vendor shall
make shipments using the minimum number of containers consistent with the requirements of safe
transit, available mode of transportation routing. It shall be the vendor's responsibility to determine
that packing is done as adequate to assure that all the materials shall arrive at destination in an
undamaged condition ready for its intended use.
(B) Marking - All packages shall be identified with the City of Augusta purchase order number and
the using Department. Sealed packing lists must be affixed to all cartons showing its content.(If
Applicable
(C) Shipping - The vendor shall follow shipping instructions as stated on the purchase order or
contract.
2.6 Multiple Bids: No vendor will be allowed to submit more than one bid. Any alternate proposals must
be brought to the Procurement Director's attention during the Pre -Bid Conference or submitted in
writing. Alternate Bids MUST BE MARKED as an Alternate Bid with project's name and bid or
proposal number.
2.7 Bids For All Or Part: Unless otherwise specified by the City or by the bidder, THE CITY OF
AUGUSTA RESERVES THE RIGHT TO MAKE AWARD ON ALL ITEMS, OR ON ANY OF THE
ITEMS ACCORDING TO THE BEST INTEREST OF THE CITY. Bidder may restrict his bid to
consideration in the aggregate by so stating, but must name a unit price on each item bid upon.
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2.8 Warranties for Usage: Whenever a bid is sought seeking a source of supply for a specified period
of time for materials or services, THE QUANTITIES OF USAGE SHOWN IS ESTIMATED ONLY.
No guarantee or warranty of any amount is given or implied by the City as to the total amount that
may be purchased from any resulting contracts.
2.9 Prices to be Firm: Bidder warrants that bid prices, terms and conditions quoted in his submittal will
be firm for acceptance for a period of ninety (90) days from opening date.
2.10 Description of Materials: Proposals for materials, supplies, vehicles, and /or equipment should be
accompanied by copies of detailed factory specifications, ratings, technical data, including accurate
descriptions of the exact materials, supplies, vehicles, and /or equipment on which bids are made.
2.11 Completeness: All information required by Invitation to Bid must be completed and submitted to
constitute a proper bid.
2.12 Quality: All materials used for the manufacture or construction of any supplies, materials or
equipment covered by this bid shall be new (unless otherwise specified), the latest model, of the best
quality, and highest grade workmanship. Vehicles and /or equipment shall be equipped with such
necessary equipment complying with the Georgia State Law, but not including licensing. Also,
materials must comply with all applicable Federal and State OSHA requirements in affect at the time
of bid.
2.13 Acceptance of Material: The material delivered under this proposal shall remain the property of the
seller until a physical inspection and actual usage of this material and /or services is made and
therefore accepted to the satisfaction of the City. IN THE EVENT THAT THE MATERIAL AND /OR
SERVICES SUPPLIED TO THE CITY IS FOUND TO BE DEFECTIVE OR DOES NOT CONFORM
TO SPECIFICATIONS, THE CITY RESERVES THE RIGHT TO CANCEL THE ORDER UPON
WRITTEN NOTICE TO THE SELLER AND RETURN THE PRODUCT TO THE SELLER AT THE
SELLER'S EXPENSE AND TO INVOKE THE PROVISIONS OF SECTION 2.22.
2.14 Plant and Facility Inspections: The Purchasing Department may require the vendor to make his
plant and facilities available for inspection; or may require additional information concerning the
vendor's ability to perform compliant with the requirements of this specification. Failure to comply
with this requirement may cause rejection of the bid package.
2.15 Guarantee: Unless otherwise specified by the City, the bidder shall unconditionally guarantee the
materials and workmanship on all material and /or services. If, within the guarantee period any
defects occur which are due to faulty material and or services, the bidder at his expense, shall repair
or adjust the condition, or replace the material and /or services to the complete satisfaction of the
City. These repairs, replacement or adjustments shall be made only at such time as will be least
detrimental to the operation of City business.
2.16 Manufacture or Dealer Advertisement: No manufacturer or dealer advertising attachment shall
appear on products delivered to the City without prior approval by the City of Augusta.
2.17 Brand Name: If and wherever brand names, makes, names of manufacturers, trade names, vendor
catalogs or model numbers are stated, they are for the purpose of establishing a grade or quality of
material.
2.18 "OR EQUAL" Interpretation: It is the vendor's responsibility to prove to the City that each bid item
is equal to the grade or quality of material specified. On all such bids, the bidder shall indicate
clearly the product (brand and catalog or model numbers) on which he is bidding, and shall supply a
sample and sufficient data in detail to enable an intelligent comparison to be made with the particular
brand or manufacturers specified. Failure to submit the required information will be sufficient
grounds for rejection of bid. The City shall be the sole judge concerning the merits of bid submitted.
If the vendor has any questions relative to whether his product is equal to the grade or quality of the
product specified, he should resolve this issue at the pre -bid conference; however, if the extent of the
discussion precludes resolution at the pre -bid conference, the vendor should contact the
Procurement Director and resolve the issue prior to submission of bid. NOTHING HEREIN
PRECLUDES TESTING AS SPECIFIED BY THE CITY. VENDOR SHALL BEAR EXPENSES OF
TESTS.
2.19 Certified Test Report: Each bidder shall provide a copy of a certified test report prior to or with their
sealed bids when specified. The certified test report shall be from a recognized independent testing
laboratory or manufacturer's quality control laboratory showing all test results and full compliance
with the appropriate specification indicated herein. However, the City will bear the cost of any
independent tests or consultant services it so chooses to perform.
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2.20 Samples and Demonstrations: Evidence in the form of samples may be requested. When
required, such samples are to be furnished after the date of bid opening only upon request of the
City unless otherwise stated in the bid proposal. If samples are requested, unless otherwise
authorized, such samples must be received by the City no later than seven (7) days after formal
request is made. The City may request full demonstration of any item(s) bid prior to the award of any
contract.
Bid samples shall be an exact and true representative sample of the actual material offered. Each
bid sample shall be properly tagged or labeled with the name of the bidder and manufacturer, the bid
opening date, and the bid number. Bid samples shall be provided at no additional costs to the City.
Samples not used for tests will be returned to the bidder at the bidders' expense if so requested.
Furthermore, the City reserves the right to secure additional check samples from the actual material
supplied. In the event the check samples fail to conform to the contract requirements, the contractor
shall immediately replace the portion of the delivered commodity with acceptable material
conforming to the contract requirements at no additional cost to the City.
2.21 Liability: Where bidders are required to enter or go onto City of Augusta property to deliver
materials or perform work or services as a result of bid award, the bidder shall be liable for any
injury, damage or loss to the City occasioned by negligence of the bidder or his agent or any person
the bidder has designated in the completion of his contract as a result of his bid and shall indemnify
and hold harmless the City from any liability arising therefrom. When specified a certificate showing
appropriate liability insurance coverage must be submitted to the Procurement Director prior to
award of the purchase. In connection with its indemnification and Hold Harmless, bidder shall be
required to notify its liability insurance carrier and the City of any and all claims for injury, damage or
loss occasioned by the negligence or alleged negligence of the bidder (or his agent) or any person
the bidder has designated in the completion of his contract.
2.22 Default Provision: The contract may be canceled or annulled by the City of Augusta in whole or in
part by written notice of default to the Contractor upon non - performance or violation of contract
terms. An award may be made to the next low bidder, for articles and /or services specified or they
may be purchased on the open market and, the defaulting Contractor (or his surety) shall be liable to
the City of Augusta for costs to the City in excess of the defaulted contract prices. The Contractor
shall continue the performance of this contract to the extent any part is not terminated under the
provisions of this clause.
2.23 Patent Indemnity: Except as otherwise provided, the successful bidder agrees to indemnify the City
and its officers, agents and employees against liability, including costs and expenses for
infringement upon any letters or patent of the United States arising out of the performance of this
Contract or out of the use or disposal by or for the account of the City of supplies furnished or
construction work performed hereunder.
2.24 Certification of Independent Price Determination: By submission of this bid, the bidder certifies,
and in the case of a joint bid each party thereto certifies as to its own organization, that in connection
with this procurement:
(1) The prices in this bid have been arrived at independently, without consultation, communication, or
agreement for the purpose of restricting competition, as to any matter relating to such prices with any
other bidder or with any competitor;
(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening,
directly or indirectly to any other bidder or to any competitor;
(3) No attempt has been made or will be made by the bidder to induce any other person or firm to
submit or not to submit a bid for the purpose of restricting competition; and
(4) No agent or employee of the City of Augusta has been bribed in connection with this bid
solicitation.
2.25 Award of Contract: The contract, if awarded, will be awarded to the most responsive and
responsible bidder whose bid will be most advantageous to the City, price and other factors
considered. The City will make the determination.
2.26 Local Vendor Preference: The City of Augusta has a local vendor preference policy which allows
the lowest local bidder, (defined as within Augusta Richmond County), within 5% or $10,000,
whichever is less, of the lowest non -local bidder, to match the bid submitted by the non -local bidder
and therefore be awarded the contract. Vendors must complete the enclosed vendor's Certification
form.
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2.27 Minority/Women Business Enterprise (MWBE) Policy: Court Order Enjoining Race -Based
Portion of DBE Program. Augusta- Richmond County, Georgia does not operate a DBE, MBE
or WBE Program but rather pursuant to its code of ordinances, this local government
operates instead a Local Small Business Opportunity Program.
2.28 Qualified Vendor: A "Qualified Vendor" is defined for this purpose as one who meets, or by the date
of bid acceptance can meet, all requirements for licensing, insurance and service contained within
these specifications.
2.29 Compliance with Specifications - Terms and Conditions: The Invitation to Bid, Legal
Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions,
Vendor's Bid, Addendum, and /or any other pertinent documents form a part of this proposal and by
reference are made a part hereof.
2.30 Signed Bid Considered Offer: The signed bid shall be considered an offer on the part of the bidder,
which offer shall be deemed accepted upon approval by the Commission of the City of Augusta, the
City Administration or his designee. In case of a default on the part of the bidder after such
acceptance, the City of Augusta may take such actions as it deems appropriate including legal action
for damages or specific performance.
2.31 Notice to Proceed: The successful bidder shall not commence work under this invitation to bid until
duly notified by receipt of contract signed as executed by the Mayor /Commission or Administrator or
their designee (Clerk or Commission or the Procurement Director). If the successful bidder does
commence any work prior to receiving official notification, he does so at his own risk.
2.32 Pre -bid conference and addendum: A conference to be conducted by the Purchasing Director and
using agency head, if appropriate, hearing will be scheduled at least five (5) working days before
receipt of bids. While the pre -bid conference is not a requirement, it is strongly recommended and
widely used to further acquaint interested bidders with the bid requirements and items to be
purchased and vendor input. Any substantive changes to specifications resulting from the pre -bid
conference or other vendor /contractor sessions shall be documented in an addendum and
communicated to all bidders registered for the procurement action. Note: In the event of a
MANDATORY PRE -BID CONFERENCE ALL INTERESTED VENDORS MUST ATTEND.
2.33 Bid opening. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the
time and place designated in the public notice and invitation for bids. The amount of each bid, and
such other relevant information as the Purchasing Director deems appropriate, together with the
name of each bidder shall be recorded; the record and each bid shall be open to public inspection in
accordance with § 1 -10 -5 (Public Access to Procurement Information).
2.34 Bid acceptance and bid evaluation. Provided that the bids are delivered to the Purchasing Director
at the time, place, and under the conditions contained in the Invitation for Bids, the bids shall be
conditionally accepted without alteration or correction pending evaluation. Bids shall be evaluated
based on the requirements set forth in the invitation for bids, which may include bidder
responsiveness, capability and past performance, and criteria to determine acceptability such as
inspection, testing, quality workmanship, delivery, and suitability for a particular purpose. Those
criteria that will affect the bid price and be considered in evaluation for award shall be objective and
clearly measurable, including but not limited to discounts, transportation costs, and total or life cycle
costs. The main advantage of using life -cycle costing is that both initial costs and related costs for
the life of the item are considered. When the criterion for awarding the contract is based on lowest
responsive bidder, it may mean that the contract specifications are just minimally complied with.
Selecting of the lowest bidder could result in a higher incidence of maintenance, and down -time
could eat up any savings made if the purchasing process considers only the initial cost.
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AL
2.35 Employment Eligibility Verification:
Georgia Security and Immigration Act of 2006
As of July 1, 2009, all contracts with Richmond County must have a certification from the Contractor
that they comply with the Georgia Security and Immigration Act of 2006. This requires all those individuals,
firms, contractors, consultants, etc., contracting with the County to execute the Contractor Affidavit and
Agreement. If Sub - contractors are engaged, they are required to execute the Subcontractor Affidavit. These
affidavits are attached for your convenience in compliance with this requirement.
ATTACHMENT B — Prime Contractors Affidavit and Agreement
Please note as Prime Contractor in accordance to the attached Contractor's Affidavit, I will accept
the responsibility stated in the affidavit which states: "The undersigned further agrees that, should it employ
or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this
contract with Augusta Richmond County Board of Commissioners, contractor will secure from such
subcontractor(s) similar verification of compliance with O.C.G.A 13 -10 -91 on the Subcontractor Affidavit
provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records
of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of
Commissioners at the time the subcontractor(s) is retained to perform such service. "
Subcontractor Affidavit and Agreement
The successful vendor will submit the above forms to the Procurement Department no later than five
(5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be
received)
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SPECIAL CONDITIONS
3.1 County's Right To Amend Bid Solicitations Or Awards That Are In Violation Of Law.
(A) Prior to bid opening or closing date for receipt of proposals. If prior to the bid opening or the
closing date for receipt of proposals, the Purchasing Director, after consultation with the Augusta -
Richmond County Administrator, and the Augusta- Richmond County Attorney, determines that a
solicitation is in violation of federal, state, or local law or ordinance, then the solicitation shall be
canceled or revised to comply with applicable laws.
(B) Prior to award. If after bid opening or the closing date for receipt of proposals, the Purchasing
Director, after consultation with the Administrator or his designee, and the Augusta- Richmond
County Attorney determine that a solicitation or proposed award is in violation of federal, state or
municipal law, and then the solicitation or proposed award shall be canceled.
(C) After award. If, after an award, the Purchasing Director, after consultation with the Administrator
and the Augusta- Richmond County Attorney determines that a solicitation or award of a contract was
in violation of applicable law, then the contract shall be revised to comply with applicable law. If
Augusta- Richmond County is unable to revise the contract to comply therewith, the contract shall be
terminated and declared null and void by the Augusta- Richmond County Commission.
3.2 Bonds: (Check where applicable)
[X] (A) Each bidder shall post a bid bond, certified check or money order made payable to the
City in the amount of 10% of the bid price. A company check is not acceptable. No bids shall be
read or considered without a proper form of security.
[ ] (B) No bond, certified check, or U.S. Money Order is required.
[X] (C) Bidder shall post a payment / performance bond payable to the City in the amount of 100%
of the bid price if awarded the purchase. Such bond(s) are due prior to contract execution as a
guarantee that goods meet requirements of the contract including timely delivery, performance
specifications and warranty requirements.
Such bonds will also guarantee quality performance of services and timely payment of invoices to
any subcontractors.
[ ] (D) Bidder shall post a performance bond in the amount of 100% of the bid price if awarded the
purchase. Such bond(s) are due prior to contract execution as a guarantee of timely delivery and
that equipment, materials and /or goods are delivered according to specifications.
In accordance with Article 5 of the City's Code. Augusta Richmond County's code can be viewed in
its entirety @ http:/ /www.augustaga.gov /index.Mx ?NID =685 Guidelines & Procedures.
3.3 City License Requirement: Contractor must be licensed in the State of Georgia or by the
Governmental entity for which they do the majority of their business.
3.4 Warranty Requirements: (Check where applicable)
[X] (A) Provisions of item 2.12 in regards to quality shall apply.
[ ] (B) Warranty required.
[ ] (a) Standard Warranty shall be offered with bid.
[ ] (b) Extended Warranty shall be offered with bid.
3.5 Terms of Contract: (Check where applicable)
[ ] (A) Annual Contract
[X] (B) One time Purchase.
[ ] (C) Other
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LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM
4.1 General Principles
This Ordinance and /or the codification hereof may be referred to as the "Augusta- Richmond County
Local Small Business Opportunities Program Ordinance" ( "LSBOP ").
4.2 Objective
Augusta- Richmond County is firmly committed to the principles of equal opportunity and in keeping
with these principles, hereby sets forth a program and establishes a mechanism for developing,
approving, and implementing procedures by which local small business enterprises shall be
identified, informed and educated regarding opportunities for supplying goods, general services, and
construction services required by Augusta- Richmond County, and providing for objectives for bidders
to incorporate the use of Local Small Businesses as commercially useful sub - contractors, thereby
promoting balanced economic and community growth throughout Augusta- Richmond County. The
LSBOP is a race and gender - neutral program.
4.3 Policy
It is the policy of Augusta- Richmond County that all necessary and reasonable steps shall be taken
to ensure that local small business enterprises have the maximum opportunity to compete for and
participate in all contracts and subcontracts funded by or through Augusta- Richmond County
government. Further, the Augusta- Richmond County Commission has determined as a means to
ensure full economic participation by small local business that a mechanism for developing,
approving and implementing a LSBOP is required.
Augusta- Richmond County has established the LSBOP to promote opportunities for certified Local
Small Business to participate in Augusta- Richmond County's contracting and procurement activities
by requiring contractors to utilize certified Local Small Businesses to perform commercially useful
functions to the maximum extent possible and as economically feasible, as partners or
subcontractors for service delivery or as suppliers of various goods required in the performance of a
contract. This LSBOP is in addition to and shall not supplant the Local Preference Ordinance, Code
§1 -10 -6.
Augusta's Local Small Business Opportunities Program shall comply with federal and state
requirements applicable to small or disadvantaged business, including but not limited to those
requirements set forth by regulation by the Federal Aviation Administration, U.S. Department of
Housing & Urban Development, and Georgia Department of Transportation. It is expressly
recognized that such federal and state regulations preempt Augusta's regulations regarding this
subject.
4.4 Local Small Business Vendor Information and Program Information: Please contact:
Yvonne Gentry
501 Greene Street - Suite 304
Augusta, Georgia 30901
Office: (706) 821 -2406
Fax: (706) 821 -4228
The successful vendor will submit the required LSBOP forms to the Procurement Department no
later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote
the date forms are to be received).
Bid 10 -102 Replace Failed Guardrails Specs
Page 12 of 55
Bid Item 10 -102 Replace Failed Guardrails
Due Date: Tuesday, April 6. 2010 at 11:00 A.M.
The City of Augusta Public Service Department Maintenance Division requests bids from qualified vendors to
replace failed guardrails across Richmond County. The project consists of removing failed guardrail and
installing new guardrail according to specifications of Georgia Department of Transportation and The Public
Services Department. Site inspections are required by all prospective bidders to understand scope of work
requested. All inquires; questions or detailed directions to tree locations can be directed to:
City of Augusta
Procurement Department
605 Greene Street — Room 605
Augusta, GA 30911
706 -821 -2422 Fax: 706 -821 -2811
Contact Person: Geri Sams
Scope of Work: The Work consists of the erection, removal, salvage and reinstallation or disposal of
guardrail and guide
Location of Project: Throughout Richmond County. See list below
Contract Period: This contract will begin upon award of low bidder satisfying all conditions herein and
issuance of notice to proceed and extend for a 60 day period.
Construction Schedule: The successful bidder will provide an installation schedule to the Public Services
Department Maintenance Division weekly.
Quality Assurance: Bidding on this contract shall be limited to individuals or companies actively engaged in
the field of guardrail installation. Bidders shall demonstrate competence, experience and financial capability
to carry out the terms of this contract.
Equipment and Personnel: All prospective bidders must possess or have available proper trucks, aerial
devices, hand tools, and all other equipment necessary to perform work involved.
Execution: All equipment used and all work performed must comply with safety requirements of Augusta
Richmond County and safety standards for guardrail installation. The contractor shall be solely responsible
for pedestrian and vehicular safety and provide warning devices, barricades, and flagman to provide safe
work zones, protection, and warnings to persons and vehicular traffic. All safety practices are in accordance
with GDOT and ARC Risk Management policy and procedure.
Clean Up: All work sites are to be cleaned of construction debris prior to work crews leaving the site for the
day. All debris on public or private properties is to be removed daily.
Supervisor: This contract will be under direct supervision of the Public Services Maintenance Division or its
authorized representative. The contractor will also provide qualified supervision of all crews at all times while
working under this contract. The contractor will accept all directives issued by the City of Augusta.
Requirements, Licenses and Insurance: Each qualified bidder shall supply proof of 1 liability insurance
and business license. Workman's Compensation policy is also required. The contractor and equipment shall
comply with all occupational Safety Health Act standards applicable to the work performed. The awarded
contractor shall be responsible for all damages to people or property that occurs as a result of his fault or
negligence associated with contract. The contractor also holds harmless the city for any damages accrued.
Payment: Full payment will be made in 30 days when acceptance and completion is declared by the Public
Services Department - Maintenance Division.
Termination for Cause: The City of Augusta may terminate this contract upon 30 day written notice to
contractors for the following reasons:
1. Refusal to supply properly skilled workers or equipment.
2. Persistent disregard to laws, ordinances and regulations of ARC.
3. Breach of provisions in this contract.
Bid 10 -102 Replace Failed Guardrails Specs
Page 13 of 55
Bid Item 10 -102 Replace Failed Guardrails
Due Date: Tuesday, April 6. 2010 at 11:00 A.M.
Specification 2.19
Guardrail and Guide Posts -18 DEC 00 1
2.19 GUARDRAIL AND GUIDE POSTS
2.19.1 GENERAL
The Work consists of the erection, removal, salvage and reinstallation or disposal of guardrail and guide
posts.
2.19.2 MATERIALS
The Contractor shall supply all new materials required for the construction of guardrail, barrier and guide
posts in accordance with:
Specification 5.25, Supply of W -Beam Guardrail and Posts;
Specification 5.26, Supply of Box Beam Guardrail and Posts;
Specification 5.27, Supply of Cable Barrier and Metal Posts; and
Specification 5.28, Supply of Flexible Guide Post Traffic Delineators.
When the Contract specifies the removal, salvage and reinstallation of guardrail, only materials from the
existing installations shall be used. Contractor stockpiles of used material from other sources will not be
considered acceptable.
2.19.3 CONSTRUCTION
2.19.3.1 General
Guardrail and guide posts shall be accurately set to the required depth and alignment, in a manner resulting
in a smooth continuous installation, as shown on the drawings or as directed by the Consultant.
Permissible tolerance for plumb and grade of posts shall be 6 mm maximum.
Holes shall be excavated by auger. The diameter of the holes augered for guardrail shall be of sufficient size
to allow for pneumatic tamping. Prior to digging any holes, the Contractor shall contact all applicable utility
companies to arrange for utility location and marking.
Unsuitable material at the bottom of the holes excavated for guardrail shall be replaced with granular
material at the Contractor's expense, as directed by the Consultant. The Contractor shall thoroughly
compact the bottom of the hole. The guardrail posts shall rest directly and solidly on the bottom of the hole
at the time of installation.
Excavated material which is unsuitable for use as backfill shall be substituted with granular material by the
Contractor at his expense. Backfill shall be thoroughly compacted, using pneumatic tampers, in layers not
exceeding 150 mm, for the full depth of the excavation.
Guardrail laps shall be in the direction of traffic flow. Bolts shall be tightened to a torque of 100 N.m. Metal
reflectors (Scotchlite or equivalent) shall be attached to the top of every third guardrail post with two 50 mm
nails.
The Contractor shall take all necessary precautions to eliminate damage to galvanizing. Minor abrasions
shall be repaired by painting with two coats of zinc rich paint. Major abrasions shall be repaired by
regalvanizing.
The method to be used for repair of any damage shall be approved by the Consultant before such work is
commenced. The Contractor, at his own cost, shall carry out the repair or replace components to the
satisfaction of the Consultant.
Section 2 Specification 2.19
Guardrail and Guide Posts - 18 DEC 00 2
The guardrail shall be connected to new or existing bridge walls or parapets as shown on the drawings.
Surplus excavated material and debris shall be removed from the site by the Contractor at his expense.
Upon completion of the installation, the work area shall be restored to its original condition. At the end of the
one year warranty period, the permissible tolerance for plumb and grade of all posts shall be 13 mm.
Construction of guardrail and guide posts will include several types of installations in accordance with the
plans and specifications and as directed by the Consultant. Drawings referenced as TEB drawings are found
in the latest edition of the Department's manual entitled "Standard Drawings for Highway Construction ".
Installations will include but not be limited to:
Bid 10 -102 Replace Failed Guardrails Specs
Page 14 of 55
2.19.3.1.1 W -Beam Guardrail
Standard w -beam installations shall be in accordance with drawing TEB 3.12. Installations at bridge
approaches shall be in accordance with drawing TEB 3.48, and construction shall always be started at the
bridge. A Strong Post System of installation as shown in drawing TEB 3.09, shall be used when directed by
the Consultant.
2.19.3.1.2 Box Beam Guardrail
Standard box beam installations shall be in accordance with drawings TEB 3.27, TEB 3.28, TEB 3.33, TEB
3.34, TEB 3.35, TEB 3.36, TEB 3.37, TEB 3.38, TEB 3.39, TEB 3.40, TEB 3.41, TEB 3.46, and TEB 3.47.
Installations at bridge approaches shall be in accordance with drawings TEB 3.41 and TEB 3.47 and
construction shall always be started at the bridge. Median box beam installations shall be in accordance with
drawings TEB 3.22, TEB 3.23, TEB 3.24, TEB 3.25, TEB 3.26, TEB 3.27A, TEB 3.28A, TEB 3.29 and TEB
3.30. Installations at bridge approaches shall be in accordance with drawing TEB 3.29 and construction shall
always be started at the bridge.
2.19.3.1.3 Cable Barrier
Cable barrier installations shall be in accordance with drawings TEB 3.42, TEB 3.43, TEB 3.44 and TEB
3.45.
2.19.3.1.4 Installation on Base Course Projects
When installing guardrail on base course projects, installation of guardrail and construction of base course
shall be performed in accordance with drawing TEB 3.56 as directed by the Consultant.
2.19.3.1.5 Guide Posts
The Contractor shall remove and dispose of existing guide posts and /or install new guide posts at locations
identified by the Consultant.
Guide posts shall be installed straight and plumbed vertical to a uniform depth in accordance with the
applicable drawings TEB 3.49a, TEB 3.49b, TEB 3.49c, TEB 3.49d, TEB 3.49e, TEB 3.50 and TEB 3.51.
All replaced soil around the delineator shall be firmly compacted. The Contractor shall supply any additional
material required to ensure that the delineator has a suitable foundation.
Section 2 Specification 2.19
Guardrail and Guide Posts - 18 DEC 00 3
2.19.3.2 Removal and Salvage or Disposal of Existing Guardrail
2.19.3.2.1 General
The Contractor shall remove the designated sections of guardrail including posts and shall fill and compact
all holes left from post removal before nightfall.
The Consultant will designate the material to be reused and the material for disposal. Material damaged by
the Contractor during removal shall be replaced with new material by the Contractor at his own expense.
2.19.3.2.2 Remove and Salvage
When salvaged material is being reinstalled, the Contractor shall haul it when necessary, and neatly pile the
salvaged material near the site of the proposed installation as directed by the Consultant.
At sites where existing guardrail is to be removed and new or salvaged guardrail is to be installed at the
same location, the Contractor shall complete the installation within 5 working days of the site becoming
available for re- erection of the guardrail.
Until guardrail is erected, the Contractor shall erect barricades as shown on drawing TCS- B- 4.2. Other safety
protection shall be provided as directed by the Consultant.
2.19.3.2.3 Remove and Dispose
All materials designed for removal and disposal, those damaged during removal and any materials not
required for reinstallation as determined by the Consultant, shall become the property of the Contractor and
shall be disposed of in a manner and location satisfactory to the Consultant.
2.19.4 MEASUREMENT AND PAYMENT
2.19.4.1 Supply and Install Guardrail or Barrier
Measurement for supplying and installing barrier or guardrail sections, including end terminals and bridge
connections and posts, will be in metres of the length of each type of barrier or guardrail installed. Payment
will be made at the applicable unit price bid per metre for '1N -Beam Guardrail - Supply and Install ", "Strong
Post W -Beam Guardrail - Supply and Install, "Box Beam Guardrail - Supply and Install" or "Cable Barrier -
Supply and Install ". These payments will be full compensation for supplying and installing all guardrail and
cable barrier materials including end terminals and bridge connections and posts.
Bid 10 -102 Replace Failed Guardrails Specs
Page 15 of 55
2.19.4.2 Removal, Salvage and Reinstallation of Existing Guardrail or Barrier
Measurement for removal, salvage and reinstallation of barrier or guardrail sections, including end terminals
and bridge connections and posts, will be in metres of the length of each type of guardrail or barrier removed
and reinstalled.
Payment will be made at the unit price bid per metre for "Remove, Salvage and Reinstall Existing Guardrail"
for the type of guardrail removed. This payment will be full compensation for removing, salvaging, and
reinstalling the guardrail including end terminals and bridge connections and posts.
Section 2 Specification 2.19
Guardrail and Guide Posts - 18 DEC 00 4
2.19.4.3 Removal and Disposal of Existing Guardrail or Barrier
Measurement for removal and disposal of barrier or guardrail sections, including end terminals and bridge
connections and posts, will be in meters of the length of each type of barrier or guardrail removed. Payment
will be made at the unit price bid per meter for 'Remove and Dispose of Existing Guardrail' for the type of
guardrail removed. This payment will be full compensation for removing and disposing of the guardrail
material as directed by the Consultant.
2.19.4.4 Haul of Guardrail Materials
No separate payment will be made for hauling existing guardrail designated for salvage or disposal. Haul will
be considered incidental to the Work.
2.19.4.5 Supply and Install Guide Posts
Measurement will be made of the number of each type of guide post installed. Payment will be made at the
applicable unit price bid per guide post for "Flexible Guide Post/Delineators - Round - Supply and Install' or
"Flexible Guide Post/Delineators -Semi Flat - Supply and Install". This payment will be full compensation for
supplying and installing the new posts. No separate payment will be made for guide post removal. The
removal and disposal of existing guide
Address and Exact site locations of specific guardrails to be replaced under contract:
Phase I — Riverwatch Parkway
Bid 10 -102 Replace Failed Guardrails Specs
Page 16 of 55
EXHIBIT V
Replacement of Failed Guardrail across Richmond County
ITB #10 -102
INDEX TO CONTRACT
Section Title
NA Notice of Award
A Agreement
PB Performance Bond
LMPB Labor & Material Payment Bond
COA Certificate of Owner's Attorney
NP Notice to Proceed
GC General Conditions
SGC Supplemental General Conditions
SC Special Conditions
Bid 10 -102 Replace Failed Guardrails Specs
Page 17 of 55
SECTION NA
NOTICE OF AWARD
TO: //11�
r VY? 00 C
c A4,-k444 le
PROJECT DESCRIPTION: Replace Failed Guardrail across Richmond County
The Owner has considered the BID submitted by you for the PROJECT named above in response to its
Invitation to Bids (ITB) due on
You are hereb y notified thatyour BID (Including Alternates ) has b9 en accepted in the
amount of OeA-4- .l .�/ rA��., (YL,��► r►„! Za L .._ .)._ _.,3 _.._ A �-7 t!..-- /
You are to execute the AGREEMENT (Section A) within Ten (10) calendar days from the date of this Notice
to you. Furthermore, the Owner has elected to require Liability Insurance, a Contractor's Performance Bond
(Section PB) and a Labor and Materials Payment Bond (Section LMPB). The price of said insurance and
bonds is included in the contract amount stated above.
If you fail to execute said Agreement and to furnish said Bonds and a Certificate of Insurance within Ten (10)
working days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out
of the OWNER'S acceptance of your PROPOSAL as abandoned and as a forfeiture of your Bid Bond. The
OWNER will be entitled to such other rights as may be granted by law.
Shop drawings and other submittals are due within thirty (30) calendar days of the issuance of this Notice of
Award.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this day ?C3l®
BY:
Dennis Stroud, Assistant Director
Augusta Public Services Department
Maintenance Division
ACCEPTANCE OF NOTICE / b
Receipt of the above NOTIC WARD is hereby acknowledged on this_ day of , 2008- -
BY:
TITLE:
Bid 10 -102 Replace Failed Guardrails Specs
Page 18 of 55
SECTION A
AGREEMENT
THIS AGREEMENT, made this day of :1 14u >° by and between
Augusta Georgia, a political subdivision of the State of Georgia, hereinafter called "Owner'
r1 c &.1Jfi ,41AJc:TAjc doing business as a corporation hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements as hereinafter
mentioned the sufficiency which is hereby acknowledged, the parties agree to as follows:
1. The Contractor will commence the replacement of failed guardrails across the county. All
work is to be in accordance with in accordance with the specifications included in
ITB# and related documents as listed in item 5 below.
2. The Contractor shall provide all labor, material, parts, engineering, licensing and
certifications required by any applicable regulation. Furthermore, the Contractor will furnish
all drawings, product data, material, supplies, tools, equipment, labor, traffic control and
other services necessary for the construction and completion of the project described
herein.
3. The Contractor will commence the work required by the Contract Documents within Ten
(10) calendar days after the date of the Notice of Award and will complete the work within
Sixty (60) calendar days unless the period of completion is extended otherwise by the
Contract Documents.
4. The Contractor agrees to perform all the work described in the Contract Documents for the
sum of - Tubas D rL- ($ __] �
Nv N v¢�, Spot -d� 06U-40-
5. The term "Contract Documents" means and includes the following:
Advertisement for Bids
Bid Bond
Performance /Payment Bonds
Change Order
Invitation To Bids #
Notice of Award
Certificate of Owner's Attorney
General Conditions
Bid
Agreement
Notice to Proceed
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement in Five (5) counterparts, each of which shall be deemed an
original on the date first above written.
Bid 10 -102 Replace Failed Guardrails Specs
Page 19 of 55
SECTION PB
PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGES 7 -8, IN
FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That bef�'►'t 'S atilx 4t: jr -TA1c . as Principal, hereinafter called Contractor, and
a corporation organized and existing under the laws of the State of SC. , with its principal
office in the City of Ae - e Tsl#Aj , State of SC , as Surety, hereinafter called Surety,
are held and firmly bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner, in the
S -" u�evty - S'eu eAr
penal amount of ,- h° , r pa- Dollars ($ I)
for the a ment when o � e
pay on r c or � and Surety bind themselves, their heirs, executors,
e
administrators, successors, and assigns, jointly and severally, firmly by these presents for the
faithful performance of a certain written agreement. /
WHEREAS, Contractor has by said written agreement dated °! entered into a
contract with Owner for the replacina of failed guardrail across Richmond County Guardrails
must be installed in accordance with the specifications issued by the Georgia Department of
Transportation and Richmond County Public Services Department, which contract is by reference
made a part hereof, and is hereinafter referred to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and
faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the
default, or shall promptly
(1) Complete the CONTRACT in accordance with its 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.
Bid 10 -102 Replace Failed Guardrails Specs
Page 21 of 55
Signed and sealed this _� day of e .
Witness
(Contractor)
Attest w ,
(Title) 'rp/v; t
/l_. f (Seal)
T POTA " ,r Co �►�
BY (Seal)
Witness hd,
(Surety) NS �� (Seal)
�
Attes o & ) M" '
By (Seal)
(Title)
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners
should execute Bond.
Bid 10 -102 Replace Failed Guardrails Specs
Page 22 of 55
SECTION LMPB
LABOR AND MATERIAL PAYMENT BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGES
5 -6, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE
CONTRACT.)
KNOW ALL MEN BY THESE E PRESENTS: L jiu That e I LkJ @ACTN'P as Principal, hereinafter called Contractor, and d,
corporation organized and exis Ong under the la of the iStatggof rri4 Qwith its principal office
S'
in the City of J'�4ha R± , State of I %M rety, hereinafter called Surety, are
held and firmly bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner for th use
and benefit of claimants as hereinbelow defined in the amount of Dollars ($ . . 7.6 c)
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 1/ —� entered into a contract
with Owner for The Replacement of failed guardrail across Richmond County. in accordance
with specifications issued by the Georgian Department of Transportation and Richmond County
Public Services Department, which contract is by reference made a part hereof, and is hereinafter
referred to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly
make payment to all claimants as hereinafter defined, for all labor and material used or reasonably
required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise
it shall remain in full force and effect, subject, however, to the following conditions:
(1.) A claimant is defined as one having a direct contract with the Contractor or with a
subcontractor of the Contractor for labor, material, or both, used or reasonably required for
use in the performance of the contract, labor and material being construed as to include
that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the CONTRACT.
(2) The above named Contractor and Surety hereby jointly and severally agree with the Owner
that every claimant as herein defined, who has not been paid in full before the expiration of
a 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.
Bid 10 -102 Replace Failed Guardrails Specs
Page 23 of 55
(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, whether or not claim for the amount of
such lien be presented under and against this bond.
Signed and sealed this _��t! day of J e
Witness r--1'W (Seal)
(Contractor)
Attest By W . eal)
(Title) 1t:r,
Witness
(Surety) U r )
Attest
By I)
(Title)
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners
should execute Bond.
Bid 10 -102 Replace Failed Guardrails Specs
Page 24 of 55
HUDSON 2583
INSURANCE GROUP
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware,
with offices at 300 First Stamford Place, Stanford, Connecticut, 06902, has made, constituted and appointed, and by these presents, does
make, constitute and appoint
Herbert DeCuers, Barbara Register, Ellen Bennett
and Marilyn Horton, (each), all of the State of South Carolina
its true and lawful Attorney(s) -in -Fact, at Stamford in the State of Connecticut, each of them alone to have full power to act without the
other or others, to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute
and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or
undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in
excess of the sum of Five Million Dollars ($5,000,000).
Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to
the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto
duly authorized, on this 17 day of August, 2007 at Stamford, Connecticut.
(Corporate seal)
SEAt.�
,� Isla ;.�
Attest...... :.... ..............
Peter H. Lovell, Corporate S tary
STATE OF CONNECTICUT
COUNTY OF FAIRFIELD. SS.
HUDSON INSURANCE COMPANY
By.... ...... .. TPrems ....
Christop L. Gallagher, Executive A Vice
On the 17' day of August, 2007 before me personally came Christopher L. Gallagher to me known, who being by me duly sworn did depose and say that he
the Company described herein the
is an Executive Vice President of HUDSON INSURANCE COMPANY, it t was the
so affixed by order of the Board of irectors of said
s of said Company, that the seal affixed to said 'instrument is the corporate seal of said Company,
Company, and that he signed his name thereto by like order.
0or-I n n2...
...............................
(Notarial Seal) •;'+,oTq,�` * Notary Public of Connecticut
My Commission Expires February 28, 2010
CERTIFICATION
STATE OF CONNECTICUT
COUNTY OF FAIRFIELD SS.
The undersigned Peter H. Lovell hereby certifies:
That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board o
Directors of Hudson Insurance Company dated July 27' 2007, and has not since been revoked, amended or modified:
, the Senior Vice Presidents and
"RESOLVED, that the President, the Executive Vice Presidents surety business, h
, and to empower su agent or agents, or
to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this Company' surety
attorney or attomeys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and r ga i s, whether made by this Company as
surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made n the course of this Company's surety
business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made; and may be affixed by facsimile to any power of
FURTHER RESOVLED, that the signature of any such Officer of the Company and the Company' thereof
attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written lliigati sn in the at re officer and the
thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the
original seal of the Company, to be valid and binding upon the Company with the same force and effect as though man ually affixed."
Witness the hand of the undersigned and the seal of said Company this 1 14 day of 1�l oily 1?' , 20•
(Corporate seal)
By..... -. ..... ...•............
Peter H. Lovel , Corpo Secretary
Form B —
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned /i C> Md-CWe-hZI
the authorized and acting legal representative of Augusta, Georgia, do hereby certify as
follows:
I have examined the attached Contract(s) and Surety Bonds, and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements has been duly
executed by the proper parties thereto acting through their duly authorized representatives;
that said representatives have full power and authority to execute said agreements on
behalf of the respective parties named thereon; and that the foregoing agreements
constitute valid and legally binding obligations upon the parties executing the same in
accordance with the terms, conditions and provisions thereof.
City Attorney
Augusta, Georgia
DATE: C�
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SECTION NP
NOTICE TO PROCEED
TO: _&ice nn C' h -Tk DATE:
11 -T- C Z,giw '
PROJECT: Replacement of failed -guardrail across Richmond County.
You are hereby notified to commence work in accordance with the Agreement dated _
This Notice accompanies the accepted Shop Drawings. On site work is to begin on the first
street within ten (10) consecutive calendar days following this date, the date first written
above. You are to complete the work within sixty (60) consecutive calendar days after the
date of this notice, the date first written above.. The date set for completion of all work is
therefore
BY:
Dennis Stroud, Assistant Director
Augusta Public Services Department
Maintenance Division
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged on this day of ,
s
l W ►�►
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SECTION GC
GENERAL CONDITIONS
INDEX TO ARTICLES OF GENERAL CONDITIONS
Section
GC -01
Definitions
GC -02
Additional Instructions and Detail Drawings
GC -03
Schedules, Reports and Records
GC -04
Drawings and Specifications
GC -05
Shop Drawings
GC -06
Materials, Services and Facilities
GC -07
Inspection and Testing
GC -08
Substitutions
GC -09
Patents
GC -10
Surveys, Permits and Regulations
GC -11
Protection of Work, Property and Persons
GC -12
Supervision by Contractor
GC -13
Changes in the Work
GC -14
Changes in Contract Price
GC -15
Time for Completion
GC -16
Correction of Work
GC -17
Subsurface Conditions
GC -18
Suspension of Work, Termination and Delay
GC -19
Payments to Contractor
GC -20
Acceptance of Final Payment as Release
GC -21
Insurance
GC -22
Contract Security
GC -23
Assignments
GC -24
Indemnification
GC -25
Separate Contracts
GC -26
Subcontracting
GC -27
Engineer's Authority
GC -28
Land and Rights -of -Way
GC -29
Guarantee
GC -30
Taxes
GC -31
Work Adjacent to Railway or Other Property
GC -32
Order and Discipline
GC -33
Warning Devices and Signs
GC -34
Special Restrictions
GC -35
As -Built Drawings
GC -36
Allowances
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GC -01. DEFINITIONS
Wherever used in the Contract Documents, the following terms shall have the meanings indicated which
shall be applicable to both the singular and plural thereof.
1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which
modify or interpret the Contract Documents, Drawings and Specifications, by
addition, deletion, clarifications or corrections.
2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
3. BIDDER: Any person, firm or corporation submitting a bid or proposal for the work.
4. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished
by the Contractor and his Surety in accordance with the Contract Documents.
5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision
in the work within the general scope of the Contract Documents or authorizing an
adjustment in the contract price or contract time.
6. CONTRACT DOCUMENTS: The contract including, but not limited to, Request for Proposals,
Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of
award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change
Order, General Conditions, Supplemental General Conditions, Special Conditions,
Technical Specifications, Drawings and Addenda.
7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions
of the Contract Documents.
8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the
completion of the work.
9. LIFE OF THE CONTRACT: The total duration of the Contract from Notice to Proceed to
completion of all the work.
10. CONTRACTOR: The person, firm or corporation with whom the Owner has executed the
Agreement.
11. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the
work to be performed and which have been prepared or approved by the Engineer.
12. ENGINEER: The person, firm or corporation named as such in the Contract Documents. For
purposes of this contract, the Assistant Director of Public Services
Department, Maintenance Division or his designated representative shall act
as the Engineer.
13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the
contract price or an extension of the contract time issued by the Engineer to the
Contractor during construction.
14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the
successful Bidder.
15. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor
authorizing him to proceed with the work and establishing the date of
commencement of the work.
16. OWNER: For purposes of this Request for Bids, the Owner is Augusta, Georgia.
17. PROJECT: The undertaking to be performed as provided in the Contract Documents
18. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is
assigned to the project or any part thereof.
19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data
which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or
Distributor, which illustrate how specific portions of the work shall be fabricated or
installed.
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20. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a
technical nature or materials, equipment, construction systems, standards and
workmanship.
21. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor
or any other Subcontractor for the performance of a part of the work at the site.
22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the
project or a specified part can be utilized for the purposes for which it is intended.
23. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and /or additions to the General
Conditions of a specific nature generally aimed at the specific contract of which it is
a part.
24. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the
work, including that fabricated to a special design, but who does not perform labor at
the site.
25. WORK: All labor necessary to produce the construction required by the Contract Documents
and all materials and equipment incorporated or to be incorporated in the project.
26. WRITTEN NOTICE: Written notice to any party of the Agreement relative to any part of this
Agreement. Said Notice is considered delivered and the service thereof completed,
when posted by certified or registered mail to the said party at his last given address
or delivered in person to said party or his authorized representative on the work.
GC -02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
The Contractor may be furnished additional instructions or detail drawings, by the Engineer, as
necessary to carry out the work required by the Contract Documents.
2. Any additional drawings and instructions thus supplied will become a part of the Contract
Documents. The Contractor shall carry out the work in accordance with the additional detail drawings
and instructions.
GC -03. SCHEDULES, REPORTS AND RECORDS
1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules,
payrolls, reports, estimates, records and other data as the Owner may request concerning the work
performed or to be performed.
2. Prior to the first partial payment estimate, the Contractor shall submit schedules showing the order in
which he proposes to carry on the work, including dates at which he will start the various parts of the
work, estimated date of completion of each part and as applicable:
2.1 the dates at which special detail drawings will be required; and
2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing
and the installation of materials, supplies and equipment.
3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the
course of the work.
GC -04. DRAWINGS AND SPECIFICATIONS
1. The intent of the Contract Documents is to describe the scope of work for which the Contractor shall
furnish all design, labor, materials, tools, equipment and transportation necessary for the proper
execution. All work is to be in accordance with the Contract Documents and all incidental work
necessary to complete the project in an acceptable manner, ready for use, occupancy or operation
by the Owner is to be included.
2. In case of conflict between any drawings and specifications, the specifications shall govern. Figure
dimensions on drawings shall govern over general drawings.
3. Any discrepancies, inconsistencies, or ambiguities found between the Contract Documents and site
conditions shall be immediately reported to the Engineer, in writing, who shall promptly correct such
inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such
discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk.
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4. All work that may be called for in the specifications and not shown on the drawings, or shown and
not called for in the specifications, shall be executed and furnished by the Contractor as if described
in both these ways. Should any work or material be required which is not detailed in the
specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the
proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and
required and shall perform all such work and furnish any such material as fully as if they were
particularly delineated or described.
5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to
the nature and location of the work, the conformation of the ground, the character, quality and
quantity of the materials to be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, the general and local conditions and all other
matters which can in any way affect the work under this contract. No verbal agreement or
conversation with any officer, agent or employee of the Owner, either before or after the execution of
this contract, shall affect or modify any of the terms or obligations herein contained.
GC -05. SHOP DRAWINGS
The Contractor shall provide design drawings, shop drawings and product data for all components as
may be necessary for the prosecution of the work as required by the Contract Documents. The
Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings
shall not release the Contractor from responsibility for deviations from the Contract Documents. The
approval of any shop drawing that deviates substantially from the requirement of the Contract
Documents shall be evidenced by a Change Order.
2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification
that he has reviewed, checked and approved the shop drawings and that they are in conformance
with the requirements of the Contract Documents.
3. Portions of the work that require shop drawings or sample submission shall not commence until the
shop drawings or submissions have been approved by the Engineer. A copy of each approved shop
drawing and each approved sample shall be kept in good order by the Contractor at the site and
shall be available to the Engineer.
GC -06. MATERIALS, SERVICES AND FACILITIES
1. It is understood that, except as otherwise specifically stated in the Contract Documents, the
Contractor shall provide and pay for all materials, labor, tools, equipment, transportation,
supervision, temporary construction of any nature and all other services and facilities of any nature
necessary to execute, complete and deliver the work within the specified time.
2. Materials and equipment shall be stored so as to insure the preservation of their quality and fitness
for the work. Stored materials and equipment to be incorporated in the work shall be located so as to
facilitate prompt inspection.
3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used,
cleaned and conditioned as directed by the manufacturer.
4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor
and approved by the Engineer.
5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor
or the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or
other agreement by which an interest is retained by the seller.
GC -07. INSPECTION AND TESTING
1. All materials and equipment used in the construction of the project shall be subject to adequate
inspection and testing in accordance with generally accepted standards.
2. The Contractor shall provide, at his expense, the necessary testing, inspection and certification
services required by the Contract Documents, unless otherwise provided.
3. The Owner shall provide all other inspection and testing services required by the Contract
Documents.
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4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any work to specifically be inspected, tested or approved by someone
other that the Contractor, the Contractor will give the Engineer timely notice of readiness. The
Contractor will then furnish the Engineer the required certificates of inspection, testing or approval.
5. Neither observation by the Engineer nor inspections, tests or approvals by persons other than the
Contractor shall relieve the Contractor from his obligations to perform the work in accordance with
the requirements of the Contract Documents.
6. The Engineer and his representatives will at all times have access to the work. In addition,
authorized representatives and agents of any participating Federal or State Agency shall be
permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and
other relevant data and records. The Contractor will provide proper facilities for such access and
observation of the work and also for any inspection or testing thereof.
7. If any work is covered contrary to the written request of the Engineer, it must, if requested by the
Engineer, be uncovered for his observation and replaced at the Contractor's expense.
8. If any work has been covered which the Engineer has not specifically requested to observe prior to
its being covered or if the Engineer considers it necessary or advisable that covered work be
inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or
otherwise make available for observation, inspection or testing as the Engineer may require, that
portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is
found that such work is defective, the Contractor will bear all the expenses of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such
work is not found to be defective, the Contractor will be allowed an increase in the contract price or
an extension of the contract time, or both, directly attributable to such uncovering, exposure,
observation, inspection, testing and reconstruction and an appropriate change order shall be issued.
9. The Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be
done or materials used without suitable supervision and inspection by the Engineer. The Contractor
shall furnish the Engineer with necessary samples of material for testing purposes.
GC -08. SUBSTITUTIONS
1. When a material, article or piece of equipment is identified on the drawings or specifications by
reference to brand name or catalogue number, the performance or other salient requirements and
that other products of equal capacities, quality and function shall be considered. The Contractor may
recommend the substitution of a material, article or piece of equipment of equal substance and
function for those referred to in the Contract Documents by reference to brand name or catalogue
number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal
substance and function to that specified, the Engineer may approve its substitution and use by the
Contractor. Any cost differential shall be deducted from the contract price and the Contract
Documents shall be appropriately modified by change order. The Contractor warrants that if
substitutes are approved, no major changes in the function or general design of the project will
result. Incidental changes or extra component parts required to accommodate the substitute will be
made by the Contractor without a change in the contract price or contract time.
GC -09. PATENTS
1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or 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
The Owner shall furnish all land surveys and establish all base lines for locating the principal
component parts of the work together with a suitable number of benchmarks adjacent to the work as
shown in the Contract Documents. From the information provided by the Owner, unless otherwise
specified in the Contract Documents, the 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.
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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.
Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the
Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and
regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes
that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in
writing and any necessary changes shall be adjusted as provided in Section GC -13, Changes in the
Work.
GC -11. PROTECTION OF WORK, PROPERTY AND PERSONS
1. The Contractor will be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the work. He will take all necessary precautions for the safety of
and will provide the necessary protection to prevent damage, injury or loss to all employees on the
work and other persons who may be affected thereby, all the work and all materials or equipment to
be incorporated therein, whether in storage on or off the site or other property at the site or adjacent
thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not
designated for removal, relocation or replacement in the course of construction.
2. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any
public body having jurisdiction. He will erect and maintain, as required by the conditions and
progress of the work, all necessary safeguards for safety and protection. He will notify the owners of
adjacent properties when prosecution of the work may affect them. The Contractor will remedy all
damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the
Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone for
whose acts any of them are liable, except damage or loss attributable to the fault of the Contract
Documents or to the acts or omissions of the Owner or the Engineer or anyone employed by either
of them or anyone for whose acts either of them may be liable and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of the Contractor.
3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto,
the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to
prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any
significant changes in the work or deviations from the Contract Documents caused thereby and a
Change Order shall be issued covering the changes and deviations involved.
4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and
accepted, except to damage or injury caused directly by the Owner's agents or employees.
GC -12. SUPERVISION BY CONTRACTOR
1. The Contractor will supervise and direct the work. He will be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The Contractor will employ and
maintain on the work a qualified supervisor or superintendent who shall have been designated in writing
by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to
act on the behalf of the Contractor and all communications given to the supervisor shall be as binding as
if given to the Contractor. The supervisor shall be present on the site at all times as required to perform
adequate supervision and coordination of the work.
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.
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GC -14. CHANGES IN CONTRACT PRICE
The contract price may be changed only by a change order. The value of any work covered by a
change order or of any claim for increase or decrease in the contract price shall be determined by
one or more of the following methods in the order of precedence listed below:
1.1 Unit prices previously approved.
1.2 An agreed lump sum.
1.3 The actual cost for labor, direct overhead, materials, supplies, equipment and other services
necessary to complete the work. In addition there shall be added an amount to be agreed
upon but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of
general overhead and profit.
GC -15. TIME FOR COMPLETION
1. The date of beginning and the time for completion of the work are essential conditions of the
Contract Documents and the work embraced shall be commenced on the date specified in the Notice
to Proceed.
2. The Contractor will proceed with the work at such rate of progress to insure full completion within the
contract time. It is expressly understood and agreed, by and between the Contractor and the Owner,
that the contract time for the completion of the work described herein is a reasonable time, taking
into consideration the average climatic and economic conditions and other factors prevailing in the
locality of the work.
GC -16. CORRECTION OF WORK
1. The Contractor shall promptly remove from the premises all work rejected by the Engineer for failure
to comply with the Contract Documents, whether incorporated in the construction or not and the
Contractor shall promptly replace and re- execute the work in accordance with the Contract
Documents and without expense to the Owner and shall bear the expense of making good all work
of other Contractors destroyed or damaged by such removal or replacement.
2. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does
not take action to remove such rejected work within ten (10) days after receipt of written notice, the
Owner may remove such work and store the materials at the expense of the Contractor.
3. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall
not be construed to be an acceptance of any defective work or material. The Contractor shall
remove, at his own expense and shall rebuild and replace same without extra charge and in default
thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer
shall not consider the defect of sufficient importance to require the Contractor to rebuild or replace
any imperfect work or material, he shall have the power and is hereby authorized to make an
equitable deduction from the stipulated price.
GC -17. SUBSURFACE CONDITIONS
The 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.
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.
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GC -18. SUSPENSION OF THE WORK, TE RMINATION AND DELAY:
1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period
of not more than ninety days or such further time as agreed upon by the Contractor, by written notice
to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor
will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract
price, an extension of the contract time, or both, directly attributable to any suspension.
2. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the
benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his
property or if he files a petition to take advantage of any debtor's act to reorganize under the
bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for
labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any
public body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in
the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the
work, or if he otherwise violates any provision of the Contract Documents, then the Owner may,
without prejudice to any other right or remedy and after giving the Contractor and his Surety a
minimum of ten (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 without prejudice to any other right or remedy, elect to abandon the Project
and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any
expense sustained plus reasonable profit.
6. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety
(90) days by the Owner or under an order of court or other public authority of the Engineer fails to act
on any request for payment within thirty (30) days after it is submitted or the Owner fails to pay the
Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and
presentation, then the Contractor may after ten (10) days from delivery of a written notice to the
Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work
executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the
Engineer has failed to act on a request for payment or if the Owner has failed to make any payment
as aforesaid, the Contractor may, upon ten (10) days notice to the Owner and the Engineer, stop the
work until he has been paid all amounts then due, in which event and upon resumption of the work,
Change Orders shall be issued for adjusting the contract price or extending the contract time or both
to compensate for the costs and delays attributable to the stoppage of the work.
7. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result
of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents,
or if no time is specified, within reasonable time, an adjustment in the contract price or an extension
of the contract time or both, shall be made by Change Order to compensate the Contractor for the
costs and delays necessarily caused by the failure of the Owner or the Engineer.
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GC -19. PAYMENTS TO THE CONTRACTOR
1. Between the first (1st) and the fifth (5th) of each month, the Contractor will submit to the Engineer a
partial payment estimate filled out and signed by the Contractor on an approved form covering the
work performed during the period covered by the partial payment estimate and supported by such
data as the Engineer may reasonably require. If payment is requested on the basis of materials and
equipment not incorporated in the work but delivered and suitably stored at or near the site, the
partial payment estimate shall also be accompanied by such supporting data, satisfactory to the
Owner, as will establish the Owner's title to the material and equipment and protect his interest
therein, including applicable insurance. The Engineer will, within ten days after receipt of each partial
payment estimate, either indicate in writing his approval of payment and present the partial payment
estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing
his reasons for refusing to approve payment. In the latter case, the Contractor may make the
necessary corrections and resubmit the partial payment estimate. The Owner will, within ten days of
presentation to him of an approved partial payment estimate, pay the Contractor a progress payment
on the basis of the approved partial payment estimate. The Owner shall retain ten (10 %) percent of
the amount of each payment until final completion and acceptance of all work covered by the
Contract Documents. The Owner at any time, however, after fifty (50 %) percent of the work has
been completed, if he finds that satisfactory progress is being made, may reduce the retained
percentage to five (5 %) percent on the current and remaining estimates. On completion and
acceptance of a part of the work on which the price is stated separately in the Contract Documents,
payment may be made in 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 and insured either at or near the site.
3. All work covered by partial payment shall thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Contractor of the sole responsibility for the care and
protection of the work, material and equipment upon which payments have been made or the
restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of
all terms of the Contract Documents.
4. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the
final payment request that the work has been accepted by him under the conditions of the Contract
Documents. The entire balance found to be due the Contractor, including the retained percentages
shall be paid to the Contractor, except such sums as may be lawfully retained by the Owner for
saving the Owner or the Owner's agents harmless from all claims growing out of the lawful demands
of Subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and
parts thereof, equipment, tools and supplies, incurred in the furtherance of the performance of the
work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations
of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do
so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the
Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all
such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged
whereupon payment to the Contractor shall be resumed, in accordance with the terms of the
Contract Documents, but in no event shall the provisions of this sentence be construed to impose
any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any
unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment
made under the Contract Documents by the Owner to the Contractor and the Owner shall not be
liable to the Contractor for any such payments made in good faith.
5. If the Owner fails to make payment 30 days after approval by the Engineer, in addition to other
remedies available to the Contractor, there may be added to each such payment, interest at a
maximum rate of 1% per month commencing on the first day after said payment is due and
continuing until the payment is received by the Contractor.
GC -20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
The acceptance by the Contractor of final payment shall be and shall operate as a release to the
Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be
specifically excepted by the Contractor for all things done or furnished in connection with this work
and for every act and neglect of the Owner and other relating to or arising out of this work. Any
payment, however, final or otherwise, shall not release the Contractor or his Sureties from any
obligations under the Contract Documents or the Performance Bond and Payment Bonds.
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GC -21. INSURANCE
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 Certificates shall contain a provision that coverage afforded
under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been
given to the Owner.
3. The Contractor shall procure and maintain, at his own expense, during the life of the Contract,
liability insurance as hereinafter specified.
3.1 Contractor's General Public liability and Property Damage insurance including vehicle
coverage issued to the Contractor and protecting him from all claims for personal injury,
including death, and all claims for destruction of or damage to property, arising out of or in
connection with any operations under the Contract Documents, whether such operations be
by himself or by any Subcontractor under him or anyone directly or indirectly employed by
the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of
liability of not less than $200,000 for all damages arising out of bodily injury, including death,
at any time resulting therefrom, sustained by any one person in any one accident; and a limit
of liability of not less than $500,000 for any such damages sustained by two or more persons
in any one accident. Insurance shall be written with a limit of liability of not less than
$200,000 for all property damage sustained by any one person in any one accident; and a
limit of liability of not less than $500,000 for any such damage sustained by two or more
persons in any one 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 Subcontractor to provide adequate and suitable insurance for the
protection of his employees not otherwise protected.
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5. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be
performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be
less than One Million Dollars ($1,000,000.00). The policy shall cover not less than the losses due to
fire, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke
during the contract time and until the work is accepted by the Owner. The policy shall name as the
insured the Contractor, the Engineer and the Owner.
6. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner
with a Certificate of Insurance confirming coverage in the amounts set forth above at a minimum.
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
Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract
or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without
written consent of the other party.
GC -24. INDEMNIFICATION
1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and
employees from and against all claims, damages, losses and expenses including attorney's fees
arising out of or resulting from the performance of the work, provided that any such claim, damage,
loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole
or in part by any negligent or willful act or omission of the Contractor and Subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an
employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them, or
anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits payable by
or for the Contractor or any Subcontractor under Workman's Compensation acts, disability benefit
acts or other employee benefits acts.
3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer,
his agents or employees arising out of the preparation or approval of maps, drawings, opinions,
reports, surveys, change orders, design or specifications.
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GC -25. SEPARATE CONTRACTS
The Owner reserves the right to let other contracts in connection with this Project. The Contractor
shall afford other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work and shall properly connect and coordinate his work with
theirs. If the proper execution or results of any part of the Contractor's work depends upon the work
of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects
in such work that render it unsuitable for such proper execution and results.
2. The Owner may perform additional work related to the Project by himself or he may let other
contracts containing provisions similar to these. The Contractor will afford the other Contractors who
are parties to such contracts (or the Owner, if he is performing the additional work himself),
reasonable opportunity for the introduction and storage of materials and equipment and the
execution of the work and shall properly connect and coordinate his work with theirs.
3. If the performance of additional work by other Contractors or the Owner is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
Contractor prior to starting any such additional work. If the Contractor believes that the performance
of such additional work by the Owner or others involves him in additional expense or entitles him to
an extension of the contract time, he may make a claim therefore 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 provisions to be inserted in all subcontracts relative to the
work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as
applicable to the work of Subcontractors and to give the Contractor the same power as regards
terminating any subcontract that the Owner may exercise over the Contractor under any provision of
the Contract Documents.
Nothing contained in this Contract shall create any contractual relation between any Subcontractor
and the Owner.
GC -27. ENGINEER'S AUTHORITY
The Engineer shall act as the Owner's representative during the construction period. He shall decide
questions which may arise as to quality and acceptability of materials furnished and work performed.
He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer
will make visits to the site and determine if the work is proceeding in accordance with the Contract
Documents.
2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of
materials, workmanship and execution of the work. Inspections may be made at the factory or
fabrication plant or the source of material supply.
3. The Engineer will not be responsible for the construction means, controls, techniques, sequences,
procedures, or construction safety.
4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents.
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GC -28. LAND AND RIGHTS -OF -WAY
1. The Owner shall provide the Contractor information which delineates and describes the land owned
and right -of -way acquired.
2. The Contractor shall provide at his own expense and without liability to the Owner any additional
land or building and access thereto that the Contractor may desire for temporary construction
facilities, or for storage of materials.
GC -29. GUARANTEE
1. The contractor shall provide a warranty on all work, materials and equipment incorporated into this
project. The warranty period shall not be less than one (1) year from the date of completion and shall
cover parts and labor.
GC -30. TAXES
1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the
place where the work is performed.
GC -31. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY
1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner
or of other railways, persons, or property, the work shall be so conducted as not to interfere with the
movement of trains or other operations of the railway, or, if in any case such interference be
necessary, the Contractor shall not proceed until he has first obtained specific authority and
directions therefore from the proper designated officer of the Owner and has the approval of the
Engineer.
GC -32. ORDER AND DISCIPLINE
1. The Contractor shall at all times enforce strict discipline and good order among his employees and
any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in
any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged
immediately on the request of the Engineer and he shall not again be employed on the workout with
the Engineer's written consent.
GC -33. WARNING DEVICES AND SIGNS
1. The Contractor shall furnish, erect, paint and maintain appropriate warning devices in and around the
construction area.
GC -34. SPECIAL RESTRICTIONS
1. Construction activities shall occur at times that will minimize disruption to ongoing operations within
the building. Because of the nature of operations, sound and sound transmission are a particular
concern and some activities may need to be scheduled outside normal working hours. Any such
activities must be coordinated through the Richmond County Tax Commissioner and the Assistant
Director of Public Services, Facilities Management Division.
GC -35. AS -BUILT DRAWINGS Not Used for this Project
GC -36. ALLOWANCES - Not Used for this Project
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SECTION SGC
INDEX TO SUPPLEMENTAL GENERAL CONDITIONS
SECTION
TITLE
SGC -01.
Contractor's Breakdown of Lump Sum Payment Items
SGC -02.
Prior Use By Owner
SGC -03.
Cleaning Up
SGC -04.
Maintenance of Traffic
SGC -05.
Maintenance of Access
SGC -06.
Erosion Control and Restoration of Property
SGC -07.
Safety and Health Regulations
SGC -08.
Pre - Construction Conference
SGC -09.
Settlement of Disputes
SGC -10.
Open Records Act
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SECTION SGC
SUPPLEMENTAL GENERAL CONDITIONS
SGC -01. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS
The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his
approval, a breakdown showing estimates of all costs apportioned to the major elements of design,
equipment, material and labor comprising the total work included under any of the lump sum items shown in
the proposal. These estimates as approved will serve as the basis for estimating of payments due on all
progress estimates.
SGC -02. PRIOR USE BY OWNER
Prior to completion of all the work, the Owner may take over the operation and /or use of the incomplete
project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as final
acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents.
SGC -03. CLEAN -UP
The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon
completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove
from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean
condition, satisfactory to the Engineer. Periodic cleaning will be scheduled by a representative of the owner.
SGC -04. MAINTENANCE OF TRAFFIC AND OPERATIONS
The Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any
hazard arising out of the Contractor's operations and will be held responsible for any damage caused by
negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All
traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The
Contractor shall not block traffic on any street more than 30 minutes or without written permission from such
agency. Before leaving the work each night, it shall be placed in such condition as to cause the least
possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the
Owner may, with his own forces, provide signs, flagmen, barricades and /or passageways or clear the
pavement and deduct the cost thereof from sums due to the Contractor. Detours and traffic controls are to
be reviewed by Traffic Engineering before implementation.
SGC -05. MAINTENANCE OF ACCESS
The Contractor will be required to maintain access to the establishment during all times it is normally open
for business. Bridges across open trenches and work areas will be required to provide vehicular and
pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is
recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in
operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that
direct entrance is blocked.
SGC -06. EROSION CONTROL AND RESTORATION OF PROPERTY
The Contractor will be required to schedule his work and perform operations in such a manner that siltation
and bank erosion will be minimized during all phases of construction. This work should included protective
measures in places before land disturbing activities begin in accordance with Federal, State and Local
Ordinances covering soil erosion and siltation prevention. Any areas disturbed during the course of
construction shall be restored to a condition equal or better than the original condition.
SGC -07. SAFETY AND HEALTH REGULATIONS
The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction
promulgated under the Occupational, Health and Safety Act of 1970 (PL31 -596) and under Section 107 of
the Contract Work Hours and Safety Standards Act (PL91 -54).
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SGC -08. PRE - CONSTRUCTION CO NFERENCE:
A pre- construction conference may be held at an acceptable time to the Owner and the Contractor prior to
the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents.
SGC -09. SETTLEMENT OF DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia,
U.S.A. All claims, disputes and other matters in question between Licensee and Icon Software Corporation
arising out of, or relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. Contractor, by executing this Agreement, specifically consents to venue and
jurisdiction in Richmond County, Georgia and waives any right to contest jurisdiction and venue in said Court
SGC -10. OPEN RECORDS ACT:
Contractor acknowledges that this Agreement and certain documentation may be subject to the Georgia
Open Records Act (O.C.G.A. § 50- 18 -70, et seq. Contractor shall cooperate fully in responding to such
request and shall make all records, not exempt, available for inspection and copying as required by law.
SPECIAL CONDITIONS
SC -01. LICENSE:
The successful bidder shall have a current Business license during the term of this contract. The license
shall be purchased from the Business License and Enforcement Department.
SC -02. COORDINATION OF WORK:
The Contractor shall coordinate his work with the Traffic Engineering Section of the Augusta Engineering
Department and the Richmond County Sheriff's Department as required for traffic control. All construction
shall be in accordance with the contract documents and applicable codes and regulations.
SC -03. OPERATION AND STORAGE AREAS:
The nature of this project does not provide for secure storage on the job site. The owner will not be
responsible for providing security for any stored materials, on site or off.
SC -04. PRESERVATION OF EXISTING VEGETATION:
The Contractor will preserve and protect existing vegetation such as trees, shrubs and grass on or adjacent
to the site which do not unreasonably interfere with the construction as may be determined by the Engineer.
SC -05. CLEAN -UP:
The Contractor shall keep the premises free from the accumulation of waste material and rubbish. Upon
completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove
from the premises all rubbish and surplus materials to the satisfaction of the Engineer.
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G E' O R G I A
Augusta- Richmond County, Georgia does
not operate a DBE, MBE or WBE Program
but rather pursuant to its code of
ordinances, this local government
operates instead a Local Small Business
Opportunity Program
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V41
USE THE ATTACHED FORMS AND ADHERE TO THE INSTRUCTIONS ON EACH FORM
PLEASE DO NOT SUBSTITUTE FORMS:
Attachment B: Statement of Non - Discrimination, Non - Collusion Affidavit of Prime Bidder /Offeror,
Conflict of Interest and Contractor Affidavit and Agreement.
Bidder's Form /Acknowledgement of Addenda
Note: THE ABOVE FORMS MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL
Georgia Security and Immigration Subcontractor Affidavit
Non - Collusion Affidavit of Sub - Contractor
Local Small Business (LSB) Good Faith Efforts
Local Small Business (LSB) Subcontractor /Supplier Utilization Plan
Note: The successful vendor will submit the above forms to the Procurement Department not later
than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote
the date forms are to be received)
The Exception Sheet (if applicable)
Local Vendor Preference (if applicable)
Note: Use Only If Applicable
Local Small Business (LSB) monthly subcontractor /supplier utilization report will be submitted upon
request from the DBE Office
Bidders are cautioned that sequestration of BID documents through any source other than the office
of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized
sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to
base his qualifications.
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A
Attachment B
Listed below is a consolidated listing of the Statement of Non - Discrimination, Non - Collusion
Affidavit of Prime Bidder /Offeror, Conflict of Interest and Contractor Affidavit and Agreement.
Please complete, date, notarize and return pages 1 -3 of Attachment B with your submittal.
Statement of Non - Discrimination
The undersigned understands that it is the policy of Augusta- Richmond County to promote full and
equal business opportunity for all persons doing business with Augusta- Richmond County. The
undersigned covenants that we have not discriminated, on the basis of race, religion, gender,
national origin or ethnicity, with regard to prime contracting, subcontracting or partnering
opportunities.
The undersigned covenants and agrees to make good faith efforts to ensure maximum
practicable participation of local small businesses on the bid or contract awarded by Augusta -
Richmond County. The undersigned further covenants that we have completed truthfully and fully
the required forms regarding good faith efforts and local small business subcontractor /supplier
utilization.
The undersigned further covenants and agrees not to engage in discriminatory conduct of
any type against local small businesses, in conformity with Augusta- Richmond County's Local
Small Business Opportunity Program. Set forth below is the signature of an officer of the
bidding /contracting entity with the authority to bind the entity.
The undersigned acknowledge and warrant that this Company has been made aware of
understands and agrees to take affirmative action to provide such companies with the maximum
practicable opportunities to do business with this Company;
That this promise of non - discrimination as made and set forth herein shall be continuing in
nature and shall remain in full force and effect without interruption;
That the promises of non - discrimination as made and set forth herein shall be and are
hereby deemed to be made as part of and incorporated by reference into any contract or portion
thereof which this Company may hereafter obtain and;
That the failure of this Company to satisfactorily discharge any of the promises of
nondiscrimination as made and set forth herein shall constitute a material breach of contract
entitling the City of Augusta to declare the contract in default and to exercise any and all applicable
rights remedies including but not limited to cancellation of the contract, termination of the contract,
suspension and debarment from future contracting opportunities, and withholding and or forfeiture
of compensation due and owing on a contract.
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Attachment B - Page 2 of 3
Non - Collusion of Prime Bidder /Offeror
By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its
knowledge and belief:
(a) The prices in the proposal have been arrived at independently without collusion, consultation,
communications, or agreement, for the purpose of restricting competition, as to any matter relating
to such prices with any other vendor or with any competitor.
(b) Unless otherwise required by law, the prices which have been quoted in the proposal have not
been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor
or to any competitor.
(c) No attempt has been made, or will be made, by the vendor to induce any other person,
partnership or corporation to submit or not to submit a proposal for the purpose of restricting
competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia
Attorney General and the United States Justice Department.
Conflict of Interest
By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its
knowledge and belief:
1. No circumstances exist which cause a Conflict of Interest in performing the services required by
this ITB, and
2. That no employee of the County, nor any member thereof, not any public agency or official
affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub -
consultant(s) has any interest that would conflict in any manner or degree with the performance
related to this ITB.
By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its
knowledge and belief:
(a) The prices in the bid have been arrived at independently without collusion, consultation,
communications, or agreement, for the purpose of restricting competition, as to any matter relating
to such prices with any other vendor or with any competitor.
(b) Unless otherwise required by law, the prices which have been quoted in the bid have not
knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor
or competitor.
c) No attempt has been made, or will be made, by the vendor to induce any other person,
partnership or cooperation to submit or not to submit a bid for the purpose of restricting
competition. For any breach or violation of this provision, the County shall have the right to
terminate any related contract or agreement without liability and at its discretion to deduct from the
price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or
consideration.
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Attachment B - Page 3 of 3
Contractor Affidavit and Agreement
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13 -10-
91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta
Richmond County Board of Commissioners has registered with and is participating in a federal
work authorization program* [any of the electronic verification of work authorization programs
operated by the United States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of Homeland Security to verify
information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986
(IRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in
O.C.G.A 13- 10 -91. The undersigned further agrees that, should it employ or contract with any
subcontractor(s) in connection with the physical performance of services pursuant to this contract
with Augusta Richmond County Board of Commissioners, contractor will secure from such
subcontractor(s) similar verification of compliance with O.C.G.A 13 -10 -91 on the Subcontractor
Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to
maintain records of such compliance and provide a copy of each such verification to the Augusta
Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform
such service.
Georgia Law requires your company to have an E- Verify*User Identification Number on or after July 1, 2009.
For additional information visit the State of Georgia website:
httr)s:He- verify.uscis.ciov /enroll/ and /or htto: / /www.dol.state.cia.us /odf /rules /300 10 1 odf
l (o 3 0®
E- Verify * User Identification Number
The undersigned further agrees to submit a notarized copy of Attachment B and any required
documentation noted as part of the Augusta Richmond County Board of Commissions
specifications which govern this process. In addition, the undersigned agrees to submit all
required forms for any subcontractor(s) as requested and or required. I, further understand that
my submittal will be deem non - compliant if any part of this process is violated.
k
Company Name
BY: Authorized Otficer or Agent
(Contractor Signature)
Res ,OeA - r —
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE - `/ DAY OF 20jj�
K w A n /J /
Notary Public - —
My Commission Expires
dais BW*
, Aft TARY PUBLIC
•._ State of South Carotins
NOTARY SEAL
Please complete, date,
REV.11/13/09
August 21, 2019
return pages 1 -3 of Attachment B with your submittal
Bid 10 -102 Replace Failed Guardrails Specs
Page 47 of 55
Addenda 7
BIDDER'S FORM /ACKNOWLEDGEMENT OF ADDENDA
City of Augusta Procurement Department
530 Greene Street, Suite 605
Augusta, Georgia 30901
ATTN: Procurement Director
Name of Bidder: k S Cie
A
Business Locations: (Check One)
Augusta Richmond County
� - Other
Street Address: kcCaM l L
Y
City, State, Zi \ p Code: it /' � S s} t p p
Phone: )8 �(3 Fax: 1. W � I —1 O(pB Email:
� )eotrA G a �y
City License Requirement: Contractor must be licensed in the State of Georgia or by the Governmental
entity for which they do the majority of their business.
Do You Have A Business License? Yes: / No:
Licensed By What State. City & County _ 4n9 62lWLJ4 , J-I V-6� WU
Business License #: 6V I O(p(e'c) Fed Tax Id #: _ 5 - 7 J �0 -
Acknowledgement of Addendum: Check and Initial the appropriate box:
Addenda 1 —� Initial Addenda 5
Addenda 2 Initial
Addenda 6
Addenda 3 Initial
Addenda 4 Initial
Initial
Initial
Initial
Addenda 8 Initial
THE UNDERSIGNED PROPOSES TO FURNISH THE FOLLOWING ITEMS IN STRICT CONFORMANCE
TO THE BID /RFP /RFQ SPECIFICATIONS AND BID /RFP /RFQ INVITATION ISSUED BY THE CITY OF
AUGUSTA FOR THIS BID /RFP /RFQ ANY EXCEPTIONS ARE CLEARLY MARKED IN THE ATTACHED
COPY OF BID /RFP /RFQ SPECIFICATIONS:
Signature: Date: /'
THIS THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL
REV.11/13/09
Bid 10 -102 Replace Failed Guardrails Specs
Page 48 of 55
G E' O R G I A
STATE OF GEORGIA - COUNTY OF RICHMOND
BID /RFP /RFQ#
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-
10-91, stating affirmatively that the individual, firm, or corporation hich is engaged in the physical
performance of services under a contract with �S (^�, on behalf of
Augusta Richmond County Board of Commissioners has registered with and participating in a
federal work authorization program* [any of the electronic verification of work authorization
programs operated by the United States Department of Homeland Security or any equivalent
federal work authorization program operated by the United States Department of Homeland
Security to verify information of newly hired employees, pursuant to the Immigration Reform and
Control Act of 1986 ([RCA), P.L. 99 -603), in accordance with the applicability provisions and
deadlines established in O. C. G. A 13- 10 -91.
`L7 3o0
E- Verify * User Identification Number
Company Name
BY: Authorized Ofiver or Agent
(Contractor Signature)
��K1
Title of of Authorized Officer or Agent of Contractor
_rls
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE
0 q DAY OF 4b- , 20
A ,, / 1 111 d /
$I
NOfMIP
0•40
NUA0
6iNIM`& Sandy
NGTMY PUB! T
Stabe'ot C ,lira
MY C40111111llipipn =xnire3
AIIi 0 4 11, 2019
Georgia Law requires your company to have an
E- Verify*User Identification Number on or after July
1, 2009.
For additional information: State of Georgia
http: / /www.dol.state.oa.us /Ddf /rules /300 10 1 pdf
https: / /e- verify. uscis.00v /enroll/
Notary Public _ _ s. -
Glenda S. Bandy
My Commission Expires: �� NOTARY PUBLIC
A� '� State of South CaroNnaNOTARY SEAL
My pp xpires
If there are no subcontracting Opp Ae hies the fo�� (write NIA, sign, date and notarize).
Note: The successful vendor will submit the above form to the Procurement Department no later
than rive (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote
the date forms are to be received)
REV.12/30/09
Bid 10 -102 Replace Failed Guardrails Specs
Page 49 of 55
I:1
In accordance with the Laws of Georgia, the following affidavit is required by all vendors
NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR
1 , Ni ,r►S certify that this bid or proposal is made without prior
understanding, agreeme t or connection with any corporation, firm or person submitting a bid for the same
work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all
respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal
law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of
this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder.
Affia further st tes that pursuant to O.C.G.A. Section 36 -91 -21 (d) and (e),
p�� , has not, by itself or with others, directly or
indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means
whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making
a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a
bid or offer for the work. /�
Affiant further states that the said offer of -�}rnS C�t�t►4 110n G)" :OC ,is bona fide, and that no one
has gone to any supplier and attempted to get such person or company i.o furnish the materials to the bidder
only, or if furnished to any 5bar that the material shall be at a higher price.
Signature of Au`thorlked Company Representative
� , A( 1
Title
Sworn to and subscribed before me this � ' day of � �' , 20)�L).
n I i,,-, dt, 2, 4 &L,,a�4 y
'Notary Signature 0
Notary Public: �' ` '' C[ c� kiaL _ (Print Name)
County: t
nda S. Bandy
Commission Expires: to*u+ ►�'� NOTARY P UARY SEAL - state Of h r ina
MY Commission Expires
If there are no subcontracting ies thelapa061tr Qngxecuted (write N /A, sign, date and notarize).
Note: The successful vendor will submit the above form to the Procurement Department no later
than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote
the date forms are to be received)
REV.12/30/09
Bid 10 -102 Replace Failed Guardrails Specs
Page 50 of 55
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A
EXCEPTION SHEET
If the commodity (ies) and /or services proposed in the response to this bid is in anyway
different from that contained in this proposal or bid, the bidder is responsible to clearly identify
by specification section number, all such differences in the space provided below. Otherwise,
it will be assumed that bidder(s) offer is in total compliance with all aspects of the proposal or
bid.
Below are the exceptions to the stated specifications:
-0
Date
Signature
B6iyK
Company
pge5l�
Title
Return with submittal if the commodity and /or services proposed in the response to this bid
are in anyway different from that contained in the specifications.
REV.8 /31/09
Bid 10 -102 Replace Failed Guardrails Specs
Page 54 of 55
t , L 6
F41
Certification Statement Local Vendor Preference
I certify that my company meets all of the following qualifications to be eligible for the local vendor preference:
(1) That my company has a fixed office or distribution point located in and having a street address within
Augusta for at least six (6) months immediately prior to the issuance of the request for competitive bids
or request for proposals by Augusta; and
(2) That my company holds any business license required by the Augusta Richmond County Code for at
least 6 months.
(3) That my company employs at least one (1) full time employee, or two (2) part time employees whose
primary residence is in Augusta, or if the business has no employees, the business shall be at least fifty
percent (50 %) owned by one or more persons whose primary residence is in Augusta.
(4) Attached is a copy of my Augusta Business License.
Company Name:
Address:
Business License Number
Phone Number: Fax Number:
Owner's Name: Signature:
VENDOR DO NOT COMPLETE
To be completed by Authorized City Representative from Augusta Richmond County Procurement Department:
Vendor Certified:
Authorized City Representative Signature
Date:
Bid 10 -102 Replace Failed Guardrails Specs
Page 55 of 55
• e
� 7