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Home My WebLink AboutBLAIR CONSTRUCTION ADDENDUM NO 1 DIAMOND LAKES WILLIS FOREMAN ROAD ENTRANCE I I I 'I I I I I I I I I I I I I I I I Addendum No. . 1 to the Contract Documents and Drawings for the construction of Bid Item # 06-193 Diamond Lakes - Willis Foreman Road Entrance Our File No. 2005-483 November 15, 2006 1. The following items have been revised or added to the contract documents and specifications: A. Proposal - F.E.S. # 19 (30" flared end section) shall be payed for under Pay Item # 550-4224 (Flared End Section 24", Storm Drain). Any additional costs for this item shall be included under Pay Item # 230-1000 (Lump Sum Construction). Addendum No.1 Page 1 of 1 I I I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS AND SPECIFICATIONS FOR DIAMOND LAKES WILLIS FOREMAN ROAD ENTRANCE Augusta, Georgia AUGUSTA, RICHMOND COUNTY COMMISSION The Honorable Deke S. Copenhaver Mayor Betty Beard Marion F. Williams Joe Bowles J. R. Hatney Andy Cheek Calvin Holland, Sr. Jimmy Smith Don A. Grantham Jerry Brigham Frederick L. Russell - City Administrator Abie Ladson, P .E. - Director, Augusta Engineering Department Cranston, Robertson & Whitehurst, P.e. Engineers - Planners - Surveyors Augusta, Georgia September, 2006 I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS SECTION TITLE NO. OF PAGES I Invitation for Bids 1 ill Instructions to Bidders 3 P Proposal 5 BB Bid Bond 2 NA Notice of Award 1 A Agreement 3 PB Performance and Payment Bonds 5 NP Notice to Proceed 1 GC-O Index to General Conditions 1 GC General Conditions 23 SC-O Index to Special Conditions 1 SC Special Conditions 6 TS-O Index to Technical Specifications 1 I Invitation to Bid I Sealed bids will be received at this office until Thursday, November 30, 2006 @ 3:00 p.m. I I I I I I I I I I I I I I I I I BID ITEM #06-193 Diamond Lakes Willis Foreman Road Entrance for Recreation & Parks 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 30911 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street-Room 605, Augusta, GA 30911. Plans and specifications for the project can he made available upon request to Digital Blue Print. The fees for the plans and specifications which are non-refundable are $50.00. Documents may be examined during regular business hours at the Augusta Builders Exchange, 1262 Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30904. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy, the Owner is providing the opportunity to view plans online (www.dil!blueprint.com) at no charge through Digital Blue Print (706-821-0405) beginning Thursday, September 7,2006. Bidders are cautioned that only the pre-qualified bidders will be allowed to purchase and bid as a general contractor on this project. Pre-qualified bidders are cautioned that submitting a package without procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his bid. No BID's will be accepted by fax, all must be received by mail or hand delivered. A mandatory pre-bid conference will be held on Friday, November 10, 2006 @ 10:00 am. in the conference room of the Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821.2888 or by mail. The last day to submit questions is Tuesday, November 14,2006 @ 4:00 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. It is the wish of the Owner that minority businesses are given the opportunity to submit on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No BID'S may be withdrawn for a period of 60 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 bidder's qualifications; a 100% performance bond and a 100% payment bond will be required for award. All bid responses will be retained as property of Augusta Richmond County. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid invitation are material conditions of the BID. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete BID submission shall have the right to appeal to the appropriate committee of the Augusta Commission. Please mark BID number on the outside of the envelope. Augusta has a Link Deposit program designed to provide loans to eligible local Small, Minority and Women Owned Businesses. For more information about this program contact the Office of Disadvantage Business Enterprise at 706-821-2406. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Augusta Focus October 19, 26, November 2,9, 2006 October 26, 2006 cc: Tameka Allen Tom Beck Ron Houck Yvonne Gentry Interim Deputy Administrator Recreation & Parks Recreation & Parks DBE Coordinator I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-Ol GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the 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 or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee ofthe Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Augusta Utilities Department c/o Augusta Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia 30911 and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, ifissued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. ill-I I I I I I I I I I I I I I I I I I I I IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed IB-2 I 'I I I I I I I I I I I I I I I I I I necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to rej ect any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing ofthe work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT IB-09 It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. With all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders are required to submit a statement of qualifications for themselves and a list of qualified subcontractors (including local vendors) and all minority or economically disadvantaged firms with their bid package. If the firm does not fall into this category, no information is necessary. IB-3 I,. I I I I I I I I I I I I I I I I I I SECTION P .., PROPOSAL DATE: .Ab Ve..... be.- 3D 2-00& / Gentlemen: In compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and materials, and to perform all work for the project referred to herein as: DIAMOND LAKES WILLIS FOREMAN ROAD ENTRANCE in strict accordance with the Contract Documents and in consideration ofthe amOlmts shown on the bid schedule attached hereto and totaling: hye. II-...~,d ---/h,r7 -r7?c><-,/c:-_.d &r~'+- ,4/....."?c/-.e.cI ~<.Y"7"'l G" JrI; SI . and de 7 /100 dollars (I ~3~ &2-0 ;"") , The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the Owner, and that he will provide the bond or guarantees required by the contract documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within Ten QQ) calendar days after the date of written notice to proceed, and that he will complete the work within One Hundred Eighty (180) calendar days after the date of such notice. The undersigned acknowledges receipt of the following addenda: /~. I ~-Iecl //;/s-/p!p No. 2- do--Ied /1!2-0};>lP I / ( I Enclosed is a bid guarantee, consisting of 0- "L3, 'cI '230.". cI in the amount of /0 % e;-{2 ,6,J C 15:1. 082..... ~ ) I ./ Respectfully submitted, O/a.-,> ~_5-/-/_e,-h~-;, :::::Z::;;G.-. r60' FIRM NAME 'Ho- ~c:::>'lC. /)0 &~:s./ ~ 3oBo7 . BUS~SS f>?RESS . ~j( BY: q /if L IllIdL .. V;'Ge ---;:>res ,-de-A- P-l I '.' BID SCHEDULE DIAMOND LAKES WILLIS FOREMAN ROAD ENTRANCE I TO ACCOMPANY THE PROPOSAL OF I BIDDER: ~/c-y/ ~>~r__="/-"c_r ..::::z:;:;c..., -- , ~o. /.5cP'IC. ADDRESS: 7/C' I Ev~~. G-~4 3'~c:::;.'7"' / ITEM NO. DESCRIPTION. QUANTITY. UNIT & UNIT PRICE AMOUNT I 163-0300 Construction Exit .LJ-/'7'7 ~ EA@ $ - 90 lEA $ 2 20 ."." - I 163-0521 Construct and Remove Temporary Ditch Check /23) ~ 5 EA@ $ 24-')~ lEA $ I 163-0550 Construct and Remove Inlet Sediment Trap 00 10 EA@ $ /t.?~ ~ lEA $ /d;.so - I 163-0551- Construct and Remove Excavated Inlet Sediment Trap 5 EA@ $ /b5' :::=- lEA $ B2-S" ~ I 171-0030 Temporary Silt Fence, Type C -'7'4:> 0= 5,500 LF@ $ 3- ILF $ 2/780 - I 205-0002 Unsuitable Excavation, Including Disposal 00 1,500 CY @ $ ~~ ICY $ 9''70.0 - 206-0001 On-Site Borrow Excavation (EST. 6,500 CY) I ~<:> $ ;Zghoo ~ 1 LS @ $ Z!3tpoo - ,ILS 206-0002 Borrow Excavation, Including Material (Offsite) I 1,000 CY @ $ 4-.-,?o ICY $ <l-<J-eo ~ *230-1000 Lump Sum Construction -- 4-5'iP// e ~tP?) ~ I 1 LS@ $ ILS $ 310-5060 GR Aggregate Base CRS,.6", Including Material ?~ . ~ I 10,200 SY@ $ ISY $ 72-3/8 - 310-5100 GR Aggregate Base CRS, 10", Including Material ~A 00 1,095 SY @ $ /0 ~ ISY $ '/ ~7 - I 318-2000 In-Place Selected Material Surface Course 2.~ 00 900 SY@ $ /SY $ 2//5" - I 402-3901 11/4" Recycled Asphalt Cone. 9.5 mm Superpave, GP 2 Only, Including Bituminous Material & H Lime /.. ~O I 2,700 SY@ $ 53::- ISY $ '37?0 - 402-3911 2" Recycled Asphalt Cone. 12.5 mm Superpave, GP 2 I Only, Including Bituminous Material & H Lime 00 10,200 SY @ $ @ ~ ISY $ ~'7"3(Po - I P-2 1-, I I I I I I I I I I I I I I I I I I ITEM NO. 668-2100 DESCRIPTION. QUANTITY. UNIT & UNIT PRICE Drop Inlet, GP 1 ~o 1 EA @ $ Zo?cf- - rEA Permanent Grassing, Bermuda (Est. 4.0 AC), Complete with Necessary Line and Fertilizers 00 1 LS @ $ ?7oo - /LS Total AMOUNT $ 2-0"/'1- be:>, 700-6911 e>=- $ '/"/oc:::::>- $ =:{"30. 8'?o . ~ / *Lump Sum Construction Includes Clearing & Grubbing, Mobilization & Demoblization, Grading, Permits, Contractor's Inspections Required by Georgia NPDES General Permit No. GAR 100002, Temporary Grassing, Demolition of Existing Structures, Existing Pavement Removal & Disposal, - Grade Adjustment of Existing Structures to Remain and any Other Work Without a Specific Pay Item. P-s I. ..:. I I I I I I I I I I I I I I I I I I ~~ ~~,~.::~,.----~;~-~~ -~',~,;.:~. .~~ "....~"" -.~. "'~ :".~..t~:?':. ~~-.t ~ .;~ ~..,~ ~~ . . ':2~~":. ~!:J._;~~/A EMPLOYEE CONFLICT OF INTEREST: It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract when the employee. or official knows that: (a) the employ~ or official or any member of the employee's br official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other City of Augusta employee has a financial interest is authorized as per O.C.G.A. 36-1-14, or the procurement contract is awardedpursuantto O.C.G.A. 45-10-22 and 45-10-24, or the transaction is excepted from said restrictions bya.C.G.A. 45-10-25; (b) Any other person, business, or organl7.ation with whom the employee or official of any member of an employee'.s or officials immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of an employee's or official immediate family who holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard. to matters .pertaining to that substantial intere~ or financial interest. .- 1, (vendor) ~/......,. >- L. ;o/'"'-"../,.--e.,.... LLL /' information contained in the bid specifications. have read and understand the Vendor Name: '23/0-,"....... Address: Po. tJcQ~ .~.",.:;-f/~c;..../-.,= --7,. ..::::z:;?c, ,. 7?e> City & State: .c;;::;,.c.--?>" brl- ,. 3'ofi5o'7 . Phcme.#J~).t!>biG.'- /"7"0 . Fax # Signature: qtla L /llt~ . Bid Item Number and Name: 01, - /'13 --.::o,..~c:>-d fi?b$- /~s-~ ("A?&>) Date: /,fr ~ /0 ~ ! I L. ..;, ~ '0;) / ~.i ~> ~I/'$ ...-v/e.........-r /'roc-c .~r'_L.e THIS FROM MUST BE SUBMlTI'ED WITH BID PACKAGE. NO EXCEPTION(S} WILL BE GRANTED 2 I~_, I I I I I I I I, I I I I I I I I I I ~. '" Ee''-~~k:'r~= :ii~~~~~, ..,.~ ~_. _ ~ '._ ~"", i'~. ,;;:;;. ",.,-r:-:. j ~ I k i:;;,.... 1 . .' . . " "\"' ~ .1" G E~~~ ; R: b: ,:1'# A , ~,,...._,_..... .....u ,~.",. .,\....:""'...;.::::::...~.....#. Certification Statement Local Vendor Preference I c...""l1ify 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 priinary 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: '23/c.-:-- ~....~-h-~c:--..,t::..'~..;." ~c.. , Address: r-;>.o. /5~ 7)C? &::va.-_T &4- 30'2:><=7- // .. 1I Business License Number -:2>0 ~--t- /1?ee--I- o~A. cc:---I;o",",> PhoneNumber: /G>t.P/ Z3~g - /'7~c> Fax Number: 704;>/~B-/BS-S- / ( Owner's Name:_ _'~= 'b'/~':-,' .c:::.n >-h-~ .,4-~~ , ==, . Signature:~ L /IJ-~4J!{ , Sworn to before me this day of , 20 // Notary Public for the State of Notary Public Signature Printed Name: My Commission Expires II VENDOR DO NOT COMPLETE II To be completed by Authorized City Representative from Business License & Inspection Department: Ven.dor Certified: Date: Authorized Signature" This form MUST be submitted with bid package. NO Exception(s) will be granted 3 I I Bin BOND I Conforms with The American Institute of Architects, A.l.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc. , P. O. Box 770, Evans, Georgia 30908 I as Principal, hereinafter called the Principal, I and the Western Surety Company I of CNA Plaza, Chicago, III 60685 , a corporation duly organized under the laws of the State of South Dakota , as Surety, hereinafter called the Surety, are held and firmly bound unto I Augusta-Richmond County Commission, 530 Greene St., Room 605, Augusta, Georgia 30911 as Obligee, hereinafter called the Obligee, I in the sum of 100/0 of bid - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I Dollars ($ 10% of bid ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Diamond Lakes Willis Foreman Road Entrance I I NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation I I I Signed and sealed this 30th day of November Blair Construction, Inc. POBox 7 , Evans, Georgia 30809 2006 Witness (Seal) . Principal ~..k-- 5. '--=:2>~ I Title I '1t1 ~(f ~!!~ "- I / Witness Western Surety Company By -z; Ur~ II f L .A L Buck Leigh .., Attorney-in-Fact I I I S-0054/GEEF 12/00 FRP I I I I I I I I I I I I I I I I I I I Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Thomas M Albus, Buck Leigh, Individually of Columbia, SC, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confinned. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal.to be hereto affixed on this 17th day of October, 2006. WESTERN SURETY COMPANY -;0~ Paul . Bruflat, Senior Vice President State of South Dakota County of Minnehaha } ss On this 17th day of October, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +~~~~~~~~~~~~~~~~~~~~~~~+ I D.KRELL I , , ~~NOTARY PUBI.IC~1 '~SOUTH DAKOTA , , , +~~~~~~~~~~~~~~-~~~~~~~~+ ~ ~(P"bU' November 30,2012 CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 31th day of NJveIi:Er 2CXE . ~. ~~'''O'~ j'J!ff.o;.ff.'Oll"'A'f:o\ . ~:i<; 4"':i ~4r.~~'::.~!1 ~ WESTERN SURETY COMPANY Cf ~~s-.ry Form F4280-09-06 I I I I I I I I I I I I I I I I I I I SECTION NA NOTICE OF AWARD TO: Blair Construction, Inc. PROJECT: DIAMOND LAKES WILLIS FOREMAN ROAD ENTRANCE The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $530.820.81. You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance and Payment Bonds within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all rights arising out ofthe OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 3rd day of January ,2007. AUGUSTA-RICHMOND COUNTY COMMISSION BY: D. Scott Williams. P.E. TITLE: Proiect Engineer *** ACCEPTANCE OF NOTICE *** Receipt of the above NOTICE OF AWARD is hereby acknowledged by '7'3/--r:-- C::;4~";I"V~~'"c.-?, ~c.. , , this the 4?!f. day of X~oo;>. BY: ~ ~5~~ TITLE: ~,e/l E~-h-.-- ........~,.- NA-l I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the 13th of February, 2007, by and between AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and Blair Construction, Inc., party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans described in the specifications for the project entitled: DIAMOND LAKES WILLIS FOREMAN ROAD ENTRANCE and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION -- LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within Ten ClQ) calendar days after the date of written notice by the Owner to the Contractor to proceed. The work shall be completed within One-Hundred Ei~hty (180) calendar days after the date of such notice and with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay to the Owner the sum of Three Hundred Dollars ($300.00), not as a penalty, but as liquidated damages for such breach of contract as A-I I I I I I I I I I I I I I I I I I I I hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this contract and the specifications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of the Contract. . ARTICLE ill - PAYMENT A. THE CONTRACT SLIM The Owner shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the attached schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. B. PROGRESS PAYMENTS On not later than the fifth day of every month, the Contractor shall submit to the Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start ofthe job up to and including the last working day ofthe preceding month, the estimate shall include only quantities in place and at the unit prices set forth in the bid schedule. Within ten (10) days of receiving .each Application for Payment, the Engineer shall either indicate in writing a recommendation of payment and present the application to the Owner, or return the Application to the Contractor indicating in writing necessary corrections. In the latter case, the Contractor shall make the corrections and resubmit the application. ARTICLE N - ACCEPTANCE AND FINAL PAYMENT A. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate, over his own signature, stating that the work required by the Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. A-2 I I I I I I I I I I I I I I I I I I I B. Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. C. The making and acceptance ofthe final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements ofthe specifications, or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. D. If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certificate ofthe Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first written above. rf AUGC1 GEORGIA By: eM- 0- As Its Mayor .. ~h ;\ - "~~. cO\'- %Pr- ''It.~,~,,,,-_~-- t!J .u:r~ tJ l1f.l J~~ Witness 4 V ) By: ~ ~NTRACTOR _ .e3/ /%M' L /J1;"-----"'~ <~ . v ~ :. ~. - - (SEAL) Title: V'coe Pres,de"7-f- I'". . . , . ATTEST: s~/jL, #(.2~r7 ~~ 5. J~ ;. ". \ ~', ~ : ~/c-I;" ~~~.f"l/v-h'=-? / .=z-~c:..",~: " ;- .~~ ... Address: ~o. 13 c::>)c. 7Je> Evc......,~./ C;;/?- :f ~Bc:>9 / Witness A-3 I I I Bond No. 929410833 I PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. document No. A-311 I KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809 (Here insert full name and address or legal title of Contractor) I I as Principal, hereinafter called Contractor, and, Western Surety Company, CNA Plaza. ChicaQo. Illinois 60685 (Here insert full name and address or legal title of Surety) I I as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St., Room 605, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner) I I as Obligee, hereinafter called Owner, in the amount of Five Hundred Thirty Thousand Eight Hundred Twenty and 81/100 - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. Dollars ($ 530,820.81 .). I for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, I Contractor has by written agreement dated , entered into a contract I with Owner for Diamond Lakes Willis Foreman Road Entrance (Here insert full name, address and description of project) I I in accordance with Drawings and Specifications prepared by Cranston, Robertson, & Whitehurst, P.C., PO Box 2456 Augusta, GA 30903 (Here insert full name and address or legal title of Architect) I I which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. IS-1219/GEEF 10/99 CIS by GA resident agent ~ 7) Page 1 of 2 .P,~~ I PERFORMANCE BOND 929410833 INOW, 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. I The Surety hereby waives notice of any alteration or extension of time made by the Owner. I 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 Ithe default, or shall promptly 1) Complete the Contract in accordance with its terms and ICOnditiOnS, or 2) Obtain a bid or bids for completing the Contract in accordance IWith 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 lowner, and make available as Work progresses (even though there should be a default or a succession of defaults under the I I I /;; '"[!f 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. r day of :~:I;:'-<A-c-7 ;;, Signed and sealed this I . ~-S~~ I (Witness) I I I ~;; ~/~J (Witness) I I IS-1219/GEEF 10/99 Page 2 of 2 , 2.007. _ J_ , ~, \> ';, ( Blair Construction, Inc., PO Box no; .Evans, : -:- ; Georgia 30809 ... ,,, ;., . . (Seal) (Principal) /q~,-;/:<l!t~1/r (Title) Western Surety Company, CNA Plaza, Chicago, Illinois 60685 ( Seal) (Surety) i\ c';: b ( 73~ l(lll.~ Buck Leigh, Attorne -Fact (Title) I I I LABOR AND MATERIAL PAYMENT BOND Conforms with The American Institute of Architects A.I.A. Document No. A-311 Bond No. 929410833 I THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT I KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809 (Here insert full name and address or legal title of Contractor) I I as Principal, hereinafter called Principal, and, Western Surety Company, CNA Plaza, ChicaQo. Illinois 60685 (Here insert full name and address or legal title of Surely) I I as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St., Room 605, Augusta, GA 30911 (Here insert full name and address or legal title of Owner) I I as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Five Hundred Thirty Thousand Eight Hundred Twenty and 81/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 530,820.81 ). I for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, I Principal has by written agreement dated , entered into a contract I with Owner for Diamond Lakes Willis Foreman Road Entrance (Here insert full name, address and description of project) I I in accordance with Drawings and Specifications prepared by Cranston, Robertson, & Whitehurst, P.C., PO Box 2456 Augusta, GA 30903 (Here insert full name and address or legal title of Architect) I I which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. I S-1220/GEEF 10/99 Page 1 of 2 I LABOR AND MATERIAL PAYMENT BOND 929410833 INOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall I remain in full force and effect, subject, however, to the following conditions: I. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or I both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of 1 equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and I 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 I on this bond for the use of such claimant, prosecute the suit to final judgment 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 I costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: I a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the I Principal, 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 I whom the materials I Signed and sealed this /? 7.?L day of -:S-~~7 1 ~~ 5 -~~ (Witness) I .1 I ~()~~1~ (Witness) I I I S-1220/GEEF 10/99 Page 2 of 2 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 Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (I) year following the date on which Principal 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. , 'ZoC>? . '- ( } \ \ Blair Construction, Inc., PO Box 770, Evans, Georgia 30809 (Title) Western Surety Company, CNA Plaza, Chicago, Illinois 60685 ~ (Surety) '~. ( Bv~~LA~~ Buck Leigh, Attorney-i act (Title) 1 Western Surety Company I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT .,._, ,.__h'__"__ Know All Meo By These Presents; That WESTERN SURETY COMP ANY, a South Dakota corporation, is a duly organized and existing corporation 1 having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint . 1 Thomas M Albus~ Buck Leigh, Individually 1 1 of Columbia, SC, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature 1 - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. 1 This Power of Attorney is made and executed pursuant to and by authority ofthe By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. 1 In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of March, 2006. 1 WESTERN SURETY COMPANY /2L~PI B~fl ~S' V' P 'd ~at, eOlor Ice rest ent 1 1 State of South Dakota County of Minnehaha } ss 1 On this 23rd day of March, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. 1 1 November 30,2006 +~~~~~~~~~~~~~~~~~~~,~~~~+ ~ D. KRELL ~ , , $~NOTARY PUBLIC~~ ~~SOUTH DAKOTA~$ . ............ tot...",.. ........49.................... + ~ .~Publi, My commission expires 1 CERTIFICATE I. I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this /) --r-r/ day of "5" -=-"<..4.-7 . z- 0') . WESTERN SURETY COMPANY cr ~-$~",,- 1 1 Form F4280-O 1-02 I at.'At6k1ti~~k':iF;6Ar~.b~'~;A~ii.itY INSURANCE:;t~~~'" PRODUCER (770) 246-8300 FAX (770) 246- 8301 THIS CERTIFICATE IS ISSUED AS A MA TTEROFINFORMA TION Sutter Mclell an& Gi 1 breath Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ' .....'. HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1424 North Brown Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Lawrenceville, GA 30043~8107 INSURED Blair Construction, Inc. Southern Asphalt, LLC P. O. Box 770 Evans, GA 30809 1 1 INSURERS AFFORDING COVERAGE INSURERA National Trust Insurance INSURERS FCCI Insurance Group NAIC# 18290 INSURER'C: 1 INSURER D: INSURER E: 1 COV THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, t:xCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ ~'?;~ TYPE OF1NSURANCE POLICY NUMBER Pgk!&Yr~'X6gre,E POLICY EXPIRATION LIMITS GENERAL LIABILITY CPPOO04476 02/14/2006 02/14/2007 EACH OCCURRENCE $ 1,000,000 7 COMMERCIAL GENERAL L1ABILI ry 2~~~~9,,':ENTED $ 50,ooe I-- tJ CLAIMS MADE [8] OCCUR 5,000 MED EXP (Anyone person) $ A I-- PERSONAL & ADV INJURY $ 1 000 000 I-- GENERAL AGGREGATE $ 2,000,000 I-- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 h POLICY /Xl j~8r n LOC - AUTOMOBILE LIABILITY CA 0005458 02/14/2006 02/14/2007 COMBINED SINGLE LIMIT I--- $ X ANY AUTO (Ea accident) 1,000,000. I--- ALL OWNED AUTOS BODIL Y INJURY - $ SCHEDULED AUTOS (Per person) 0 B _.- ".-- ^--.----,.---.- X HIRED AUTOS BODILY INJURY - $ X NON-OWNED AUTOS (Per aCCident) - - PROPERTY DAMAGE $ (Per aCCident) GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ R .ANY AUTO OTHER THAN EA ACC $ .AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY UMBOO02841 02/14/2006 02/14/2007 EACH OCCURRENCE $ 5,000,000 t8J OCCUR o CLAIMS MADE AGGREGATE $ 5,000,000 B $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 010-WC05A-54981 02/14/2006 02/14/2007 X I ~~yS;r~w<; I I OJ!;- EMPLOYERS' LIABILITY 1,000,000 A .ANY PROPRIETORIPAR1NER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000 If yes. describe under 1,000,000 SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $ OTHER p~ESCRlPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roj: Diamond Lakes Willis Road Entrance, Augusta GA Contract Amount $530,820.81 - R 1 1 1 1 1 1 1 I 1 1 1 1 Augusta, GA Commission Room 605- Municipal Building . Augusta, GA 30911 SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE -;:?/'..uk C /-r--.- Mark Ja nes CSP/LINDAM ACORD 25 (2001/08) @ACORD CORPORATION 1988 1 ate. 1/17/2007 Time. 3.32 PM I 003-003 I I I M PORT ANT I If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I DISCLAIMER I I, The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or neg~tively amend, extend or alter the coverage afforded by the policies listed thereon. I I I I I I I I I I ACORD 25 (2001100) I I I I I 1 I I I I I I I I I I I I I I SECTION NP NOTICE TO PROCEED February 19, 2007 TO Blair Construction, Inc. P.O. Box 770 Evans, GA 30809 SUBJECT: NOTICE TO PROCEED PROJECT: DIAMOND LAKES WILLIS FOREMAN ROAD ENTRANCE Gentlemen: You are hereby notified to commence work in accordance with the Agreement, within Ten ClQ) calendar days following the date first written above, and you are to complete the work within One-Hundred Eighty (180) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore August 19,2007. AUURICHMOND COUNTY COMMISSION BY: ~/W TIILE:V \ '4-"'~ ct 't~A \. *** ACCEPTANCE OF NOTICE *** M~~ acknow ledged by this the I ~ day of -FE;g , 20.Ql. TITLE:iJ ~- sp~~_ NP-l I I I I 1 I I I I I I I I 1 I I I I I Section GC-O 1. GC-02. GC-03. GC-04. GC-05. GC-06. GC-07. GC-08. GC-09. GC-I0. GC-l1. GC-12. GC-13 . GC-14. GC-15. GC-16. GC-l 7. GC-18. GC-19. GC-20. GC-21. GC-22. GC-23. GC-24. GC-25. GC-26. GC-27. GC-28. GC-29. GC-30. GC-31. GC-32. GC-33. GC-34. GC-35. GC-36. GC-37. GC-38. GC-39. GC-40. GC-41. GC-42. GC-43. GC-44. GC-45. GC-46. GC-47. GC-48. GC-49. GC-50. SECTION GC-O INDEX TO ARTICLES OF GENERAL CONDITIONS Definitions Additional Instructions and Detail Drawings Schedules, Reports and Records Drawings and Specifications Shop Drawings Materials, Services and Facilities Inspection and Testing Substitutions Patents Surveys, Permits and Regulations Protection of Work, Property and Persons Supervision by Contractor Changes in the Work Changes in Contract Price Time for Completion and Liquidated Damages Correction of Work Subsurface Conditions Suspension of Work, Termination and Delay Payments to Contractor Acceptance of Final Payment as Release Insurance Contract Security Assignments Indemnification Separate Contracts Subcontracting Engineer's Authority Land and Rights-of-Way Guarantee Taxes Work Adjacent to Railway or Other Property Order and Discipline Warning Devices and Signs Special Restrictions As-Built Drawings Contractor Not to Hire Employees of the Owner Drawings Field Office Facilities Rights-of-Way Estimate of Quantities Existing Structures and Utilities Contractor's Breakdown of Lump Sum Payment Items Prior Use By Cleaning Up Maintenance of Traffic Maintenance of Access Erosion Control and Restoration of Property Bypassing Sewage Safety and Health Regulations Pre-Construction Conference GC-O I I I I I I I I 1 I I I , I 1 'I I I I I SECTION GC GENERAL CONDITIONS GC-Ol. DEFINITIONS: Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or corrections. 2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 3. BIDDER: Any person, firm or corporation submitting a bid for the work. 4. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope ofthe Contract Documents or authorizing an adjustment in the contract price or contract time. 6. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Order, General Conditions, Supplemental General Conditions, Special Conditions, Technical Specifications, Drawings and Addenda. 7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion of the work. 9. LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed to completion of all the work. 10. CONTRACTOR: The person, firm or corporation with whom the Owner has executed the Agreement. 11. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. GC-l I I I I I I I I I I I 1 I I I I I I I 12. ENGINEER: The person,. firm or corporation named as such in the Contract Documents. 13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time issued by the Engineer to the Contractor during construction. 14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 15. NOTICE TO PROCEED: Written communication issued by the Owner to the , Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 16. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. 17. PROJECT: The undertaking to be performed as provided' III the Contract Documents. 18. . RESIDENT PROJECT REPRESENTATIVE: The authorized representative ofthe Owner who is assigned to the project site or any part thereof. 19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illustrate how specific portions of the work shall be fabricated or installed. 20. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature or materials, equipment, construction systems, standards and workmanship. 21. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or any other Subcontractor for the performance of a part of the work at the site. 22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part can be utilized for the purposes for which,it is intended. 23. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it is a part. 24. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. GC-2 I I 1 I "I I I I I I I I I I I I I I I 25. 26. GC-02. GC-03. GC-04. 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 proj ect. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS: 1. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. 2. The additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. 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. . DRAWINGS AND SPECIFICATIONS: 1. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution ofthework in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for us, occupancy or operation by the Owner. GC-3 I I I I I I I I I I 1 I I I I I I I I GC-05. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as ifthey 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 ofthe work, the conformation ofthe 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. SHOP DRAWINGS: 1. The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions ofthe work that require shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC-4 I I I I I I I I 1 I I I I I I I I I II GC-06. GC-07. MATERIALS. SERVICES AND FACILITIES: 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time. 2. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. INSPECTION AND TESTING: 1. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval. 5. Neither observation by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents. 6. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, materials, payrolls, records of GC-5 I I I I I I I I I I I I I I I I I I I . GC-08. personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation ofthe 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. Ifit 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 ofthe 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. 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-6 1 'I I I I I I I I I I I I I I 1 I I I GC-09. GC-IO. GC-l1. 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 ifthe 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. SURVEYS. PERMITS AND REGULATIONS: 1. The Owner shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a 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. 2. The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. 3. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13, Changes in the Work. 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 offthe 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. GC-7 I I I I I I I I ,I I i I I I I I I I I I GC-12. GC-13. 2. The Contractor will comply with all applicable laws, ordinances, rules, regulations . and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He will notify the owners of adjacent utilities when prosecution of the work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them are liable, except damage or loss attributable to the fault ofthe 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. 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 supervi"sion and coordination ofthe work. 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 GC-8 I I I I I I I I I I I I I I I I ',I I 1 GC-14. GC-15. after the receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. CHANGES IN CONTRACT PRICE: 1. The contract price may be changed only by a change order. The value of any work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: 1.1 Unit prices previously approved. 1.2 An agreed lump sum. 1.3 The actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. TIME FOR COMPLETION AND LIQUIDATED DAMAGES: 1. The date of beginning and the time for completion of the work are essential conditions ofthe 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 Co'ntractor and the Owner, that the contract time for the completion of , the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 3. If the Contractor shall fail to complete the work within the contract time or extension oftime granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages as specified in the Agreement for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. 4. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner. or Engineer. 4.1 To any preference, priority or allocation order duly issued by the Owner. 4.2 To unforeseeable causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and GC-9 I I I I I I I I I I I I I I I I I I I GC-16. GC-17. 4.3 To any delays of subcontractors occasioned by any ofthe causes specified in Paragraphs 4.1 and 4.2 of this Article. 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 ofthe 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 thereofthe 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. SUBSURFACE CONDITIONS: 1. The Contractor shall promptly and before such conditions are disturbed, except in the event of an emergency, notify the Owner by written notice of: 1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. 1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. 2. The Owner shall promptly' investigate the conditions and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required, for performance of the work, an equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order. Any claim ofthe Contractor for adjustment hereunder shall not be allowed unless he has given the required written notice; provided that the Owner may, ifhe determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. GC-I0 I I I I I I 'I I I I I I I I I I I I I GC-18. SUSPENSION OF THE WORK. TERMINATION AND DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. 2. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or ifhe 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 ifhe repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or ifhe 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 ifhe otherwise violates any provision ofthe 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 GC-ll I I I I I I I I I I I I I I I I I I I GC-19. Contractor shall be paid for all work executed and any 'expense sustained plus r~asonable 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 ofthe 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 ifthe Owner has failed to make any payment as aforesaid, the Contractor may, upon ten (10) days notic~ 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 ofthe 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 ofthe contract time or Qoth, 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. 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 GC-12 I I I I I I I I I I- I I I I I I I I I has been completed, ifhe finds that satisfactory progress is being made, shall make payment ~on the current and remaining estimates, in full, so that the retained percentage at the completion of the work will be approximately five (5%) percent. 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 th~ cost of such major materials and equipment which are suitably stored either at or near the site. 3. All work covered by partial payment shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection ofthe work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the Contract Documents. 4. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the final payment request that the work has been accepted by him under the conditions of the Contract Documents. The entire balance found to be due the Contractor, including the retained percentages shall be paid to the Contractor, except such sums as may be lawfully retained by the Owner for saving the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and 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 O';Vner 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 suth payments made in good faith. If !the Owner fails to make payment 30 days after approval by the Engineer, in addition to other remedies available to the Contractor, there shall be added to each sUfh payment, interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the Contractor. I 5. GC-13 I I I I I I I I I I I I I I I I' I I I GC-20. GC-21. 1. I I I I ACCEPTANCE OF FINAL PAYMENT AS RELEASE: i 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 dobe or furnished in connection with this work and for every act and neglect of the O~er and other relating to or arising out ofthis work. Any payment, however, final or lotlierwise, shall not release the Contractor or his Sureties from any obligations I under the Contract Documents or the Performance Bond and Payment Bonds. I INSURANCE: TJe 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 re~ult from the Contractor's execution of the work, whether such execution by hiinself 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. I 1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 1. 1.2 I 1.3 I , Claims for damages because of bodily injury, occupational sickness or disease or.death of his employees, Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, I , 1.4 I I 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 f I 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 coverages afforded under the policies will not be canceled unless at least fifteen (15) days prior written notice has been given to the Owner and Program Manager. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. I . . 3. ~ 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 3. GC-14 I I I I I I I I I I I I I I I I I I I The Contractor shall procure and maintain, at his own expense, during the life ofthe Cdntract, in accordance with the provisions ofthe laws ofthe state in which the work I . is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site ofthe project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide , W9rkman'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 I Subcontractor to provide adequate and suitable insurance for the protection of his erriployees not otherwise protected. TJe 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 ofl such insurance shall not be less than the contract price totaled in the bid. The policy shall cover not less than the losses due to fire, explosion, hail, lightening, I vapdalism, 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 thb insured the Contractor, the Engineer and the Owner. I I Contractor shall provide a Builders Risk All Risk insurance policy for the full replacement value of all Project work including the value of all onsite Owner- furnished equipment and/or materials associated with Program Manager's services. I I I I I 3.2 , I 4. 5. of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of liability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in anyone accident. Insurance shall be written with a limit of liability of not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. Contractor's insurance policy shall name Owner and Program Manager as insureds under this policy. The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Proj ect 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. GC-15 I I I I I I I I I I I I I I I I I I I GC-22. GC-23. GC-24. 1. Such policy shall include coverage for loss due to defects in materials and w6rkmanship and errors in design, and will provide a waiver of subrogation as to Pr?gram Manager and the Owner, and their respective officers, employees, agents, affiliates, and subcontractors. I CONTRACT SECURITY: I I The Contractor shall, within ten (10) days after the receipt of the Notice of Award, futnish the Owner with a Performance Bond and a Payment Bond in penal sums eqhal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the I Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution ofthe work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding coinpany licensed to transact business in the state in which the work is to be petformed 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 bef deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. I I ASSIGNMENTS: Nlither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of It he Contract or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written consent of the other party. 1. 1. INDEMNIFICATION: I TIle Contractor will indemnify and hold harmless the Owner and Program Manager an~ 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 fr6m the performance of the work, provided that any such claim, damage, loss or ex~ense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction oftangible property, including the loss of use resulting therefrom; and is ca~sed 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 ofthem or lanyone for whose acts any of them may be liable. I I GC-16 I I I I I I I I I I I I I I -I I I I I 2. GC-25. GC-26. 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 ofthem may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amoullt 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 ofthe 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. SEPARATE CONTRACTS: 1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. 2. The Owner may perform additional work related to the Proj ect 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. lfthe Contractor believes that the performance of such additional work by the Owner or others involves him in additional expense or entitles him to an extension of the contract time, he may make a claim therefor as provided in Sections GC-13 and GC- 14. 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. GC-17 I I I I I I I I I I I I I I I I I I I GC-27. GC-28. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. ENGINEER'S AUTHORITY: 1. The Engineer shall act as the Owner's representative during the construction period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner.. The Engineer will make visits to the site and determine ifthe work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent ofthe Contract Documents in regard to the quality of materials, workmanship and execution ofthe 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 ofthe Contract Documents. LAND AND RIGHTS-OF-WAY: 1. The Owner will furnish all land and rights-of-way necessary for carrying out and for the completion ofthe work to be performed pursuant to the Contract Documents. If all land and rights-of-way are not obtained prior to the issuing of the Notice to Proceed, the Contractor shall begin work upon lands and rights-of-way that have been acquired. 2. The Owner shall provide to the Contractor information which delineates and describes the lands owned and rights-of-way acquired. 3. The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-18 I I GC-29. GUARANTEE: 1. The Contractor shall guarantee all materials and equipment furnished and work I performed for a period of one (1) year from the date of substantial completion. The Contractor warrants and guarantees for a period of one (1) year from the date of substantial completion of the system that the completed system is free from all I defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The I Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments or other work that I may be necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect though the guarantee period. I GC-30. TAXES: I 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. I GC-31. WORK ADJACENT TO RAIL WAY OR OTHER PROPERTY: 1. Whenever the work embraced in this Contract is near the tracks, structures or I 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 I proceed until he has first obtained specific authority and directions therefor from the proper designated officer of the Owner and has the approval ofthe Engineer. I GC-32. ORDER AND DISCIPLINE: 1. The Contractor shall at all times enforce strict discipline and good order among his I employees and any employee ofthe Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the I work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the work with the Engineer's written consent. I GC-33. WARNING DEVICES AND SIGNS: I 1. The Contractor shall furnish, erect, paint and maintain warning devices when construction is on or near pub lic streets for the protection of vehicular and pedestrian traffic. Such devices will be in accordance with the Georgia Manual on Uniform I Traffic Control Devices for Street and Highways, "Traffic Control for Highway Construction and Maintenance Operations," latest edition. I GC-19 I I I I I I I I I I I I I I I I I I I GC-34. GC-35. GC-36. GC-37. 2. A 20" x 30" sign, mounted on a solid post, 8 feet above the ground, indicating the name and a 24-hour phone number of the Contractor in 4" letters, shall be erected at prominent locations on the construction site as directed by the Engineer. The Contractor may remove the sign following the maintenance period. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness or on Sunday without permission of the Owner. 2. If Contractor wishes to work before 8 a.m. or after 5 p.m. Monday through Friday, on weekends, or Augusta, Georgia legal holidays refer to Special Condition SC-25. AS-BUILT DRAWINGS: 1. The Contractor shall furnish to the Engineer three (3) sets of marked up drawings for an "As-built" record showing all deviations from the Contract Drawings. The marked up sets shall include actual dimensions from permanent markers accurately locating all underground piping. CONTRACTOR NOT TO HIRE EMPLOYEES OF THE OWNER: 1. The Contractor shall not employ or hire any of the employees of the Owner. DRA WINGS: The Owner will furnish to the Contractor, free of charge, up to five (5) sets of direct black line prints together with a like number of complete bound specifications for construction purposes. Location of all features of the work included in the Contract are indicated on the Contract Drawings. The following drawings comprise the plans for the Contract: Note: GC-38. The Contract Drawings are listed under Special Condition SC-02., LIST OF DRAWINGS:. FIELD OFFICE FACILITIES: The Contractor shall provide, at a point convenient to the work, suitable office facilities for housing records, plans and contract documents. A telephone shall be provided at the Contractor's office for expediting the work and be made available for the use of the Engineer. A complete and up-to-date set of the plans and specifications shall be available at the field office at all times that the work is in progress. GC-39. RIGHTS-OF-WAY: The Owner will furnish all land and rights-of-way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in GC-20 I I I I I I I I I I I I I I I I I I , acquiring said land and rights-of-way as speedily as possible. But it is possible that all land and rights-of-way may not be obtained as herein contemplated before construction begins, in which event the Contractor shall begin his work upon such land and rights-of-way as the Owner may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way. Should the Owner be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent ofthe Owner; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the Owner. GC-40. ESTIMATE OF QUANTITIES: The estimated quantities of work to be done and materials to be furnished under this contract if shown in any ofthe documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for Claims or liability for damages. GC-41. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work. The Contractor shall be held responsible for any damage to and for maintenance and . protection of existing utilities and structures. GC-42. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any ofthe 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. GC-43. PRIOR USE BY OWNER: Prior to completion of the work, the Owner may take over the operation and/or use of the uncompleted project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any ofthe requirements of the ContractDocuments. GC-44. CLEANING UP: . The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion ofthe work, prior to final acceptance ofthe completed project by GC-21 I I I I I I I I I I I I I I I I I I I 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. GC-45. MAINTENANCE OF TRAFFIC: In any work within the public right-of-way, the Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. GC-46. MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to business establishments during all time they are open for business, to churches, schools and other institutions during the time they are open and to all residential and other occupied buildings or facilities at all times. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked. GC-47. EROSION CONTROL AND RESTORATION OF PROPERTY: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. The Contractor will be required to submit a Soil Erosion and Sedimentation Control plan that is in compliance with the work site erosion control plan, per the Georgia Department of Transportation. GC-48. . BYPASSING SEWAGE: The Contractor will be required to schedule and coordinate construction sequences and to use temporary construction and other approved methods which will minimize the bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or streams will not be permitted. GC-49. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL31- 596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). GC-22 I I I I I I I I I I I I I I I I I I I GC-50. PRECONSTRUCTION CONFERENCE: A preconstruction conference shall be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy'all requirements , of the Contract Documents. GC-23 I. I I I I I I I I I I I I I I I I I I SECTION SC-Ol. SC-02. SC-03. SC-04. SC-05. SC-06. SC-07. SC-08. SC-09. SC-lO. SC-ll. SC-12. SC-13. SC-14. SC-15. SC-16. SC-17. SC-18. SC-19. SC-20. SC-21. SC-22. SC-23. SC-24. SECTION SC-O INDEX TO SPECIAL CONDITIONS Scope List of Drawings Bonds Project Sign Protection of the Environment Temporary Toilets City Acceptance Record Drawings Basis of Payment Existing Structures Salvage Material Referenced Specifications Traffic Control Compliance with Laws, Codes, and Regulations, Etc. Construction Order and Schedule . Site Access Georgia Prompt Pay Act Disputes Interest Not Earned on Retainage Equivalent Materials After Hours Inspection Field Office Facilities Plans & Specifications Shop Drawings SC-O I I I I I I I I I I I I I I I I I I I -01. SCOPE OF THE .WORK: SECTION SC SPECIAL CONDITIONS The project referred to in the Agreement shall consist of furnishing all materials, labor, machinery, etc. necessary to construct an acceleration/deceleration lane and left turn lane on Willis Foreman Road, approximately 3,000 linear feet of two lane, curb and gutter road, and associated work. -02. LIST OF DRAWINGS: The following drawings, prepared by Cranston, Robertson & Whitehurst, P.c., Augusta, Georgia, comprise the plans for the project: SHEET NO. I. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. 16. 17. 18. 19. TITLE Cover Sheet Index to Sheets & General Notes Detailed Estimate Plan Profile Sheet . Plan Profile Sheet Plan Profile Sheet Plan Profile Sheet Plan Profile Sheet Plan Profile Sheet Cross Section Sheet Cross Section Sheet Cross Sections Willis Foreman Road Erosion, Sedimentation & Pollution Control Plan Erosion, Sedimentation & Pollution Control Plan NPDES Plan Erosion, Sedimentation & Pollution Control Details Typical Road Sections Roadway Details Storm Details SC-l DATE ORIGINAL REVISED 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 6/19/06 I I I I I I I I I I I I I I I I I I I SC-03. BONDS: The Contractor will include in the lump sum payment for mobilization the cost of his performance and payment bonds. SC-04. PROJECT SIGN: The Contractor will furnish and install two (2) project signs, one on each end of the proj ect, on the construction site. The. signs will carry in a prominent manner the names of the project, the Owner, the Engineer, the Contractor, and a 24-hour phone number for the Contractor in 4 inch letters. The sign shall be constructed and erected on wood posts in a substantial manner 8 feet above the ground. The full size stencil shall be approved along with colors before fabrication. The Contractor shall include the cost of the project signs in the lump sum bid item for Mobilization. SC-os. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize the transportation of silt and other deleterious material into the stream beds of water courses adjacent to the project. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EP A or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. SC-06. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. SC-07. CITY ACCEPTANCE: The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct black line prints together with a like number of complete bound specifications for construction purposes. Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. SC-08. RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available SC-2 I I I I I I I I I I I I I I I I I I I to the Engineer for inspection during construction. Satisfactory progress toward the preparation of the record drawings shall be a condition of approval of monthly payment estimates. At the completion Of construction, prior to submitting his estimate for final payment, and as a condition for payment thereof. three copies of the record drawings, satisfactorily completed, will be transmitted to the Engineer. SC-09. BASIS OF PAYMENT: The Contractor shall submit to the Engineer for his review shop drawings, cuts, diagrams, bar lists, steel details, and other descriptive data on every item, where required on the drawings or herein. The Contractor shall check all submittals and so indicate on each copy thereof. Five copies of such shop drawings shall be submitted to the Engineer before ordering of the material. Submittals which have not been checked by the Contractor will not be reviewed by the Engineer. Reviews by the Engineer of submittals will cover only general conformity with the project requirements, while responsibility for detailed conformity shall remain with the Contractor. The Contractor will be notified by mail of the results of the submittal reviews within ten (10) days of the receipt by the Engineer thereof. SC-IO. EXISTING STRUCTURES: Where sidewalks, street signs, private signs, walls, sidewalks, fences, etc, are . removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. SC-l1. SALVAGE MATERIAL: All existing installations to be removed, including but not limited to masonry and concrete rubble: asphalt, pipe, etc. will be disposed of at an approved location by the Contractor. SC-12. REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part ofthese specifications as ifthe entire standard or specification were reprinted herein. The inclusion ofthe latest edition or revision ofthe referenced specification or standard is intended. SC-13. TRAFFIC CONTROL: Traffic control shall conform to the Manual. on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration, latest edition. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta Fire Department, Police Department, Emergency Medical Services, and the Augusta Traffic Engineering Department of any street closures. SC-3 I I I I I I I I I I I I I I I I I I I SC-14. COMPLIANCE WITH LAWS. CODES. & REGULATIONS. ETC.: The Engineer has established a benchmark for locating the principal component parts ofthe work. From the information thus provided, the Contractor shall develop and make all detail surveys needed for construction lines and elevations. The Contractor shall employ only Registered Land Surveyors or Registered Professional Engineer to perform all detail surveys. The Contractor will diligently preserve and maintain the position of all stakes, reference points and bench marks after they are set 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. SC-15. SC-16. CONSTRUCTION ORDER AND SCHEDULE: 1. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified. 2. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: A. Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. B. A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the overall contract time. C. A bar chart showing the percentage of each item schedules against time and so scheduled that Contractor's order of construction is clearly shown. 3. With each request for payment the Contractor shall submit two copies ofthe bar chart clearly marked to show the work completed at the date of the payment requested. SITE ACCESS: In order to minimize damage to existing paving, and landscaping, access to the site for the Contractor's personnel and, equipment will be restricted to the routes designated by the Owner. The Contractor will be required to use only these routes unless prior written approval is given by the Owner. SC-17. GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any SC-4 I I I I I I I I I I I I I I I I I I I provision of this Agreement is inconsistent with any provision ofthe Prompt Pay Act, the provision of this Agreement shall control. SC-18. DISPUTES: All claims, disputes and other matters in question between the Owner and the Contractor arising out of or reiating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. SC-19. INTEREST NOT EARNED ON RETAINAGE: Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due to the Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. SC-20. EQUIVALENT MATERIALS: Notwithstanding any provision ofthe general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. SC-21. AFTER HOURS INSPECTION: Ifthe Contractor opts to work before or after normal working hours, 8 a.m. to 5 p.m., Monday through Friday, or on Augusta, Georgia Legal Holidays, then the Contractor must pay for the cost of inspection by the City of Augusta, Georgia and follow all necessary procedures listed in "Section 15, Right-of-way Encroachment Guidelines, Part E, Outside of Normal Working Hours," oftheAugusta-Richmond County Planning Commission Development Documents dated September, 1999. If inspectors of Augusta-Richmond County are needed to work outside normal business hours, Augusta-Richmond County needs to be notified in advance. SC-22. FIELD OFFICE FACILITIES: No field office facilities will be required. However, one will be allowed should the Contractor choose to provide it. SC-23. PLANS & SPECIFICATIONS: The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct black line prints together with a like number of complete bound specifications for construction purposes. Additional sets of plans andlorspecifications will be furnished to the Contractor at the cost of reproduction upon his written request. SC-5 I I I I I I I I I I I I I I I I I I I SC-24. SHOP DRAWINGS: The Contractor shall submit to the Engineer for his review shop drawings, cuts, diagrams, bar lists, steel details and other descriptive data on every item, where shown on the drawings or specified herein. The Contractor shall check all submittals and so indicate on each copy thereof. Five copies of such shop drawings shall be submitted to the Engineer before ordering ofthe material. Submittals which have not been checked by the Contractor will not be reviewed by the Engineer. Reviews by the Engineer of submittals will cover only general conformity with the project requirements, while responsibility for detailed conformity shall remain with the Contractor. The Contractor will be notified by mail of the results of the submittal reviews within ten (10) days of the receipt by the Engineer thereof. SC-6 I I I I I I I I I I I I I I I I I I I SECTION TS-O INDEX TO TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATION REFERENCE The "Standard Specifications for Road and Bridge Construction, State of Georgia Department of Transportation," latest edition, is to be used on this project and is hereby incorporated by this reference. TS-O-O 1