Loading...
HomeMy WebLinkAboutJEFFERY HARRIS TRUCKING DAILY RATE FOR EQUIPMENT & PERSONNEL CONTRACT FOR FORT GORDON I I I I I I I I I I I I I I I - - I I CONTRACT DOCUMENTS FOR DAILY RA TECONTRACT FOR FORT GORDON WATER AND WASTEWATER LINES REPLACEMENT Augusta, Georgia Augusta-Richmond County Commission The Honorable Deke S. Copenhaver Mayor Betty Beard Corey Johnson Joe Bowles Alvin Mason Calvin Holland, Sr. Joe Jackson Jerry Brigham Jimmy Smith J.R. Hatney Don A. Grantham Frederick L. Russell Administrator Drew Goins Interim Director Augusta Utilities Department 360 Bay Street Suite 108 Augusta, Georgia November 2008 I I I I I I I I I I I I I I I I I I I SECTION I IB P A NA NP CO PB GC SGC TABLE OF CONTENTS TITLE # OF PAGES 3 7 13 4 1 1 1 5 52 4 Invitation to Bid Instructions to Bidders Proposal Agreement Notice of Award Notice to Proceed Change Order Performance and Payment Bonds General Conditions Supplementary General Conditions .. -- Office Oflhe Administrator Frederick L. Rus5ell, Administrator Room 801 - Munidpal Building S;lO Greene Street. AUGUSTA, GA. 30901 (706) 821-2400 - FAX (706) 821-2819 www.augusmga.gov TlIltleka Allen, Interim Deputy AdminiSb'atDr Robert Leverett Illterim Deputy AdministratDr October 7,2008 Mr. Drew Goins Interim Director - Utilities 360 Bay Street Aususta, GA 30901 Dear Drew: The Aususta.RiChmond County Commission, at their regular meeting held on Tuesday, October 7, 2008, took action on the following I~m$. 30. 1 Approved award of a HDally Rate for Equipment & Personnel" contract for Fort Gordon to Jeffery Harris TOIcklng. Inc. In the amount of $MlO,ooO for water and wastewater lines replacement. (Approved by Engineering Services Committee Sep~mber 29, 2008) 33. Approved funding to W.R. Toole Engineers, Inc. in the amount of $382.057.00 for the fee assoc:iated with designing the Water Distribution System at Gate 4 project. (Approved by Engineering Services Committee September 29, 2008) 35. Approved Change Order #1 to the existing contract with W.K. Dickson for additional engineering services in the areas of design and engineering through construction for the replacement (If the existing 36-lnch sanitary sewer main located In 6th Street and additional engineering services for providing closed circuit television inspection of the Main Interceptor. (Approved by Engineering Services Committee September 29,2008) 42. Authorized Augusta UtilitIes Department to name the new admInistration and filter building at the Highland Ave. Water Treatment plant in honor of Alfred T. Griffin, Sr. (Approved by Engineering Services COmmittee September 29, 2008) 46. Approved purchase of hardware and Implementation of Utilities Warehouse Inventory Bar Code Scanninc Software. (Approved by Engineering Services COmmittee September 29. 2008) If you have any questions. please contact me. ameka Allen Interim Deputy Administrator cc: Ms. Donna Williams Mr. Tim Schroer' 10-07-08: #30. t133, #35. #42. #46 I " r ) or I .- I /- ! J I 1-. I I: 1 . . I.: I- I I I I I I I I I .L;; Bid-Specifications' - Bid Item #08- J 5 0 . .Daily Rates for Eq'uipmeiit & Personnel :. - - . . For' . . The City of Augusta Utilitiespepar~en{. .' Bid Due: Tuesday,;:uly 8, 200~ at.3:00.~.M' . . . Th~nkS for dOing business with us... .' . . Ged A. 'SlIms, Procurement Director _ 530 Greene Street, Room 605 . . Augusta, Georg~a 3091.1 . _ Bid 08-150 Daily Rates - . Page 1 of17 I I I I I I I I I I I I I I I I I I I , . ~~ CITY OF AUGUSTA~ GEORGIA OFFICE OF THE PROCUREMENT DIRECTOR 530 GREENE STREET SUITE 605 AUGUSTA~ GEORGIA 30901 (706) 821-2422 www.augustaga.gov DATE: June 12, 2008 BID NO. 08.150 SUBJECT: Invitation to bid on the following equipment, supply, and/or services. NAME OF BID: Dally Rates for Equipment & Personnel . This letter extends to your Firm an invitation to submit a bid to supply the City of Augusta. with equipment, supplies, and/or services as indicated above. Sealed bids for the above will be received at the Office of the City Procurement Director, 530 Greene Street - Suite 605, the Municipal Building, Augusta. Georgia, up to 3:00 p.m. Tuesday, July 8, 2008, at which time, bids will be opened and publicly read. The Board of Commission reserves the right to reject any and all bids and to waive formalities. Instructions for preparation .and submission ofa bid-proposal are contained in the attached packet. Please note that specific forms for submission of a bid proposal are required. Bids must be typed or printed in ink. If you do not bid, return signed bid invitation sheet and state reason. Also, please clearly mark the outside of your envelope as "No Bid." Any changes to the conditions and specifications must be in the form of a written addendum to be valid; therefore, the City will issue a written addendum to document all approved changes. Any bid submitted which does not acknowledge the receipt of an addendum will not be considered. The City of Augusta seeks to ensure that all segments of the business community have access to supplying the goods and services needed by City programs. This process will include a "NEW SECTION" The Local Small Business Oooortunities Proaram or Section 4. Please read carefully and return the required forms as described within the atta~hed Ordinance No 7035. A Bid proposal from your Firm will be appreciated. Sincerely yours,. ~~/ Geri A. Sams Procurement Director Bid 08-150 Dally Rates Page 2 of17 I I I. I I I I I I I I I I I I I I I I Invitation to Bid Sealed bids will be received at this office until Tuesday, July 8,2008 @ 3:00 p.m. Bid Item 08-150 Daily Rates for Equipment & Personnel for Augusta Utilities Department . . Bids' will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the ~~~ . Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 BID documents may be obtained at the office of Augusta, GA'Procurement Department, 530 Greene Street - Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A mandatory pre-bid conference will be held on Wednesday. July 2. 2008 @'10:00 a.m. in the Procurement Department - Room 605. All questions must be submitted in writing to the office of the Procurement. Department by Fax at 706- 821.2811.or by mail. No bid win-be accepted by fax, all must be received by mail or hand delivered. 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, this ce~fflcate and a copy of your local business license must be submitted with your bona fide bid package. No BID may be withdrawn for a period of 90 days after time has been called on the date of opening. 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. . Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from. unauthorized sources placed the bidder at the risk of receiving incomplete .or inaccurate information upon which to base his qualific~tions. . GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Metro Courier June 17 t 19, '24, 26, 2008 June 25, 2008 cc: Tameka Allen Drew Goins Wes Byne Interim Deputy Administrator Augusta Utilities Augusta Utilities Bid 08-150 Daily Rates Page 3 of17 I I I I I I I I I I I . 1.1 I I I I I I I I 1.2 AN INVITATION TO BID for Bid Item 08.150 Dally Rates for Eql!lpment & Personnel Due Date: Tuesday, July 8, 2008 at 3:00 P.M. INSTRUCTIONS TO BID Purpose: The purpose of this document Is to provide general and specific information for use by vendors in submitting a bid to supply the City of Augusta with equipment. supplies, and or services as listed above. All bids are governed by the Code of the City of Augusta. , How to Prepare Bid Proposals: All bid proposals shall be: (A) Prepared on the forms enclosed herewith, unless otherwise prescribed. (B) Typewritten or completed with pen and ink, signed by the vendor or his authorized representative, with all erasures or corrections initialed and dated by the official signing the proposal. Bidders are encouraged to review carefully all provisions and attachments of this document prior to completion. Each bid constitutes an offer and may not be withdrawn except as provided herein. Also. prices are to remain firm for the period stated herein. How to Submit Bid Proposals: All bid proposals shall be: (A) Submitted in sealed opaque envelope, plainly marked with the bid number and equipment, supply and/or service description listed above. (~) Mailed or delivered as follows in sufficient time to ensure receipt by the Procurement Director on or before the date and time specified above. (a) Mailing Address: Geri A. Sams, Procurement Director 530 Greene Street - Suite 605 . Augusta, Georgia 30901. (b) Hand Delivery Address: Geri A. Sams, Procurement Director Procurement Department - 6th Floor of the Municipal Building Suite 605- Augusta, Georgia (c) Bids not received by the time and date specified In the first paragraph of the letter will not be opened. Procurement Protests: (A) Right to protest. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to Augusta~Richmond County. Protestors shall seek resolution of their complaints initially with the Procurement Director. All protests must be submitted in writing to the Procurement Director. . (B) Protests concerning invitations to bid. A protest with respect to an invitation for bids or request for proposals shall be submitted in writing prior to the opening of bids or the closing date of proposals. If not done by that time, the complaint or'protest is lost. (C) Stay of procurement during 'protests. In the .event of a timely protest under subsection (b) of this Section. the Procurement Director shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted. or until the Augusta-Richmond County Administrator or Commission makes a determination on the record that the award of the contract without delay is necessary to protect the interests of Augusta-Richmond County. Failure to Bid: If a bid is not submitted, bidder should return bid sheets, stating reason therefore, and indicate whether their business should be retained or removed from the City's vendor's list. The outside of the envelope should clearly be marked "No Bid" Errors in Bids: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidders' own risk. In case of error in extension of prices in the bid, the unit prices shall govern. Correction or withdrawal.of bids. Correction or withdrawal of inadvertently erroneous bids before or after bid opening may be permitted under the circumstances described below: (1) Mistakes discovered before bid opening may be modified or withdrawn by written or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening. (2) After the bid opening, corrections to bids shall be permitted only to the extent that the bidder 1.3 .' 1.4 1.5 1.6 Bid 08-150 Dally Rates Page 4 of17 I! I II I II I I! 1 i Ii I I I I I I I I I I I I I I 1.7 can show by clear anq convincing evidence that a mistake of a non-judgmental character was made, the nature of the mistake, and the bid price actually intended. Otherwise, no changes in bid prices or other provisions of bids prejudicial to the interest of Augusta-Richmond County or fair competltlon shall be permitted. . (3) In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if: a. the mistake is clearly evident in the bid document but the intended correct bid is not similarly evident; or b. the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. (4) All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported in a written report made by the Procurement Director. (5) Withdrawal after receipt of bids is cause to forfeit bid security unless substantial evidence was presented clearly evidencing the mistake and hardship that would occur to either the County or the bidder in the event of award Standards for Acceptance of Bid for Award Contract: The City reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejections or waiver is in the interest of the. City. The City reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder whom investigation shows is not in a position. to perform the contract a bidder who failed to submitted any requested documentation to include bid bond, performance and payments.. Bidder: Whenever the term "bidder" is used it shall encompass the .contractor", "purchaser" or other party having a contract with the City in such capacity after a contract has been entered into or between such party and the City. Compliance with laws: The bidder shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required . by federal, state or City statute, ordinances and rules during the performance of any contract between. the bidder and the City. Any such requirement specifically set forth in any contract document between the bidder and the City sha II be. supplementary to this section and not in substitution thereof. Tennlnation of Contract: The City of Augusta may cancel the contract at any time for breach of contractual obligations by providing the consultant with a written notice of such cancellation. Should the City of Augusta exercise its right to cancel the contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent to the contractor. Tenns of Contract: One time purchase. Bid Price: Bid price to include inside shipping charges. Delivery will be specified the "ship to" address on the purchase order. 1.8 1.9 1.10 1.11 1.12. 2.1 GENERAL CONDITIONS Specifications: Any obvious error or omission in specifications shall not inure to the benefit of the bidder but shall put the bidder on notice to inquire of or identify the same from the City. Whenever mention is made of any article, material, or workmanship to be in accordance with. laws, ordinances, building codes, underwriter's codes, American Society for Testing and Materials (A.S.T.M.) regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to be the . minimum requirements of these specifications. Some specifications are made from actual samples or prior use. Delivery Point: Unless otherwise stated, all items shall be quoted and delivered F.O.B. Destination (i.e., at a specific City of Augusta address), and delivery cost and charges (if any) will be included jn bid price. . Unit of Measure: In cases where the Unit of Measure is noted as part of the specification cost of the item or service will reflect the unit of measure listed within the specification. Delivery Time: When delivery time is requested in invitation documents, time will be of the essence; therefore, bid shall include the delivery date. In some instances, the City may specify an outside delivery date. 2.2 2.3 2.4 Bid 08-150 Dally Rates Page 5 of 17 I' II Ii II j 11 I 1 1 I I I I I I I I I 1 I ,. Note: Deliveries must be made between the hours of 9:00 A.M. - 4:00 P.M. For more information, please call (706) 821-2422. . 2.5 Preparation For Delivery: (A) Packing. Packing shall be accomplished in accordance with acceptable commercial practices for domestic shipments, unless otherwise stated in the oontract or purchase order. The vendor shall make. shipments using the minimum number of containers consistent with the requirements of safe transit, available mode of transportation routing. It shall be the vendor's responsibility to determine that packing is done as adequate to assure that ali the materials shall arrive at destination in an undamaged condition ready for its intended use. (B) Marking - Ali packages shall be identified with the City of Augusta purchase order number and the using Department. Sealed packing lists must be affixed to all cartons showing its content. (C) Shipping - The vendor shall follow shipping instructions as stated on the purchase order or contract. 2.6 Multiple Bids: No vendor will be allowed to submit more than one bid. Any alternate proposals must be brought to the Procurement Director's attention during the Pre-Bid Conference or submitted in writing. A~ernate Bids MUST BE MARK.ED as an Alternate Bid with project's name and bid or proposal number. 2.7 Bids For All Or Part: Unless otherwise specified by the City or by the bidder, THE CITY OF AUGUSTA RESERVES THE RIGHT TO MAKE AWARD ON ALL ITEMS, OR ON ANY OF. THE ITEMS ACCORDING TO THE BEST INTEREST OP'THE CITY. Bidder may restrict his bid to consideration in the aggregate by so stating, but must name a unit price on each item bid UpOn. 2.8 Warranties for Usage: Whenever a bid is sought seeking a source of supply for a specified period of time for materials or services, THE QUANTITIES OF USAGE SHOWN ARE ESTIMATED ONLY. No guarantee or warranty of any amount is given or implied by the City as to the total amount tliat may be purchased from any resulting contracts. 2.9 Prices to be Firm: Bidder warrants that bid prices. terms and conditions quoted in his submittal will be firm for acceptance for a period of ninety (90) days from opening date. 2.10 Description of Materials: Proposals for materials, supplies, vehicles, and/or equipment should be accqmpanied by copies of detailed factory specifications, ratings, technical data, including accurate descriptions of the exact materials, supplies, vehicles, and/or equipment on which bids are made. 2.11 Completeness: All information required by Invitation to Bid must be completed and submitted to constitute a proper bid. 2.12 Quality: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new (unless otherwise specified), the latest model, of the best quality, and highest grade workmanship. Vehicles and/or equipment shall be equipped with such necessary equipment complying with the Georgia State Law, but not including licensing. Also, materials must comply with all applicable Federal and State OSHA requirements in affect at the time of bid. 2.13 Acceptance of Material: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or services Js made and therefore accepted to the satisfaction of the City. IN THE EVENT THAT THE MATERIAL AND/OR SERVICES SUPPLIED TO THE CITY IS FOUND TO BE DEFECTIVE OR DOES NOT CONFORM TO SPECIFICATIONS, THE CITY RESERVES THE RIGHT TO CANCEl,. THE ORDER UPON WRITTEN NOTICE TO THE SELLER AND RETURN THE PRODUCT TO THE SELLER AT THE SELLER'S EXPENSE AND TO INVOKE THE PROVISIONS OF SECTION 2.22. 2.14 Plant and Facility Inspections: The Purchasing Department may require the vendor to make his plant and facilities available for inspection; or may require additional information concerning the vendor's ability to perform compliant with the requirements of this specification. Failure to. comply with this requirement may cause rejection of the bid package. . 2.15 Guarantee: Unless otherwise specified by the City, the bidder shall unconditionally guarantee the . materials and workmanship on all material and/or services. If, within the guarantee period any defects occur which are due to faulty material and or services, the bidder at his expense, shall repair or adjust the condition, or replace the material and/or services to the complete satisfaction of the City. These repairs, replacement-or adjustmel"!ts shall be made orily at such time as will be least detrimental to the operation of City business. Bid 08-150 Daily Rates Page 6 of!7 1 1 I 1 I: 1 I 1 1 -2.16 Manufacture or Dealer Advertisement: No manufacturer or dealer advertising attachment shall appear on products delivered to the City without prior approval by the City of Augusta. 2.17 Brand Name: If and wherever brand names, makes, names of manufacturers, trade names, vendor catalogs or model numbers are stated, they are for the purpose of establishing a grade Dr quality of material. 2.18 "OR EQUAL" Interpretation: It is the vendor's responsibility to prove to the C~y that each bid it13m is equal to the grade or quality of material specified. On all such bids, the bidder shall indicate clearly the product (brand and catalog or model numbers) on which he is bidding, and shall supply a sample and sufficient data in detail to enable an intelligent comparison to be made with the particular brand or manufacturers specified. Failure to submit the required information will be sufficient. grounds for rejection of bid. The City shall be the sole judge concerning the merits of bid submitted. If the vendor has any questions relative to whether his product is equal to the grade or quality of the product specified, he should resolve this issue at the pre-bid conference; however, if the eXtent of the discussion precludes resolution at the pre-bid conference, the vendor should contact the Procurement Director and resolve the issue prior to submission of bid. NOTHING HEREIN PRECLUDES TESTING AS SPECIFI!;D BY THE CITY. VENDOR SHALL BEAR EXPENSES OF TESTS. 2.19 Certified Test Report: Each bidder shall provide a copy of a certified test report prior to or with their sealed bids when specified. The certified test report shall be from a recognized independent testing .Iaboratory or manufacturer's quality control laboratory showing all test results and full compliance with the appropriate specification indicated herein. However, the City will bear the cost of any independent tests or,consultant services it so chooses to perform. . 2.20 Samples and Demonstrations: Evidence in the form of samples may be requested. When required, such samples are to be furnished after the date of bid opening only upon request of the City unless otherwise stated in the bid proposal. If samples are requested, unless otherwise authorized, such samples must be received by the City no later than seven (7) days after formal request is made.. The City may request full demonstration of any item(s) bid prior to the award of any contract. . Bid samples shall be an exact and true representative sample of the actual material offered. Each bid sample shall be properly tagged or labeled' with the name of the. bidder and manufacturer, the bid opening date, and the bid number. Bid samples shall be provided at no additional costs to the City. Samples not used for tests will be returned to the bidder at the bjpders' expense if so requested. Furthermore. the City reserves the right to secure additional check samples from the actual material supplied. In the event the check samples fail to conform to the contract requirements, the contractor shall immediately replace the portion of the delivered commodity with acceptable material conforming to the contract requirements at no additional cost to the City. . 2.21 Liability: Where bidders are required to enter or go onto City of Augusta property to deliver materials or perform work or services as a result of bid award, the bidder shall be liable for any injury, damage or loss to the City occasioned by negligence of the bidder or his agent or any person the bidder has . designated in the completion of his contract as a result of his bid and shall indemnify and hold harmless the City from any liability arising therefrom. When specified a certificate showing appropriate liability insurance coverage must be submitted to the Procurement Director prior to award of the purchase. In connection with its indemnification and Hold Harmless, bidder shall be required to notify its liability insurance carrier and the City of any and all claims for injury, damage or loss occasioned by the negligence or alleged negligence of the bidder (or his agent) or any person the bidder has designated in the completion of his contract. 2.22 Default Provision: The contract may be canceled or annulled by the City of Augusta in whole or in part by written notice of default to the Contractor upon non-performance .or violation of contract terms. An award may be made to the next low bidder, for articles and/or services specified or they may be purchased on the open market and, the defaulting Contractor (or his surety) shall be liable to the City of Augusta for costs to the City in excess of the defaulted contract prices. The Contractor shall continue the performance of this contract to the extent any part is not terminated under the provisions of this clause. 2.23 PatenUndemnity: Except as otherwise provided, the successful bidder agrees to indemnify the City and its officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of 1 1 I I 1 I 1 I 1 I Bid 08-150 Daily Rates . Page? ofl? ,. I 1 the use or disposal by or for the account of the City of supplies furnished or construction work performed hereunder. 2.24 Certification of Independent Price Determination: By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: (1) The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor; (3) No attempt has been made or will be made by the bidder t6 induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition; and (4) No agent or employee of the City of Augusta has been bribed in connection with this bid solicitation. 2.25 Award of Contract: The contract, if awarded, will be awarded to the most responsive and responsible bidder whose bid will be most advantageous to the City, price and other factors considered. The City will make the determination. 2.26 Local Vendor Preference: The City of Augusta has a local vendor preference policy which allows the lowest local bidder, (defined as within Augusta Richmond County), within 5% or $10,000, whichever is less, of the loWest non-local bidder, to match the bid submitted by the hon-Iocal bidder and therefore be awarded the contract. Vendors must complete the enclosed vendor's Certification form. . 2.27 MinoritylWomen Business Enterprise (MWBE) Policy: Courl Order Enjoining Race-Based Porlion of DBE Program 2.28 Qualified Vendor: A HQualified Vendor" is defined for this purpose as one who meets, or by the date of bid acceptance can meet, all requirements for licensing, insurance and service contained within these specifications. 2.29 Compliance with Specifications - Terms and Conditions: The Invitation to Bid, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions, Vendor's Bid, Addendum, and/or any other pertinent documents form a part of this proposal and by reference are made a part hereof. 2.30 Signed Bid Considered Offer: The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the Commission of the City of Augusta, the City Administration or his designee. In case of a default on the part of the bidder after such acceptance, the City of Augusta may take such actions as it deems appropriate including legal action for damages or specific performance. . 2.31 Notice to Proceed: The successful bidder shall not commence work under this invitation to bid until duly notified by receipt of contract signed as executed by the Mayor/Commission ofAdrninistrator or their designee (Clerk or Commission. or the Procurement Director). If the successful bidder does commence any work priorto receiving official notification, he does so at his own risk. 2.32 Pre-bid conference and addendum: A conference to be conducted by the Purchasing Director and using agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of bids. While the pre-bid conference is not a requirement, it is strongly recommended and widely used to further acquaint interested bidders with the bid requirements and items to be purchased and vendor input. Any substantive changes to specifications resulting from the pre-bid conference or other vendor/contractor sessions shall be documented in an addendum and communicated to all bidders registered for the procurement action. Note: In the event of a MANDATORY PRE-BID CONFERENCE ALL INTERESTED VENDORS. MUST ATTEND. . 2.33 Bid opening. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the public notice and invitation for bids. The amount of each bid, and such other relevant information as the Purchasing Director deems appropriate, together with the name of each bidder shall be recorded; the record and each bid shall be open to public inspection in accordance with S 1-10-5 (Public Access to Procurement Information). 2.34 Bid acceptance and bid evaluation. Provided that the bids are delivered to the Purchasing Director at the time, place, and under the conditions contained in the Invitation for Bids, the bids shall be conditionally accepted without alteration or correction pending evaluation. Bids shall be evaluated Bid 08-150 Dally Rates Page 8 of17 1 1 I I, 1 I 1 1 1 1 I 1 I 1 1 1 1 I I I I I I I I I I I I I I I I I I I based on the requirements set forth in the invitation for bids, which may include bidder responsiveness, capability and past performance, and criteria to determine acceptability such as inspection, testing, quality workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objective and clearly measurable, including but not limited to discounts, transportation costs, and total or life cycle costs. The main advantage of using life-cycle costing is that both initial costs and related costs for the life of the item are considered. When the criterion for awarding the contract is based on lowest responsive bidder, it may mean that the. contract specifications are just minimally complied with. Selecting of the lowest bidder could result in a higher incidence of maintenance, and down-time could eat up any savings made if the purchasing process considers only the initial cost. 3.1 SPECIAL CONDITIONS County's Right To Amend Bid Solicitations Or Awards That Are In Violation Of Law. (A) Prior to bid opening or closing date for receipt of proposals. If prior to the bid opening or the closing date for receipt of proposals, the Purchasing Director, after consultation with the Augusta-Richmond County Administrator, and the Augusta-Richmond County Attorney. determines that a solicitation is in violation of federal, state, or local law or ordinance, then the solicitation shall be canceled or revised to compli with applicable laws. (8) Prior to award. If after bid opening or the closing date for receipt of proposals, the Purchasing Director, after consultation with the Administrator or his designee, and the Augusta-Richmond County Attomey determine that a solicitation or proposed award is In violation of federal, stateor municipal law, then the solicitation or proposed award shall be canceled. . . (C) After award. If, after an award, the Purchasing Director, after consultation with the Administrator and the Augusta-Richmond. County Attorney determines that a solicitation or award of a contract was in violation of applicable law, then the contract shall be revised to comply with applicable law. If Augusta- Richmond County is unable to revise the contract to comply therewith, the contract shall be terminated and declared null and void by the Augusta-Richmond County Commission. Bonds: (Check where applicable [ ] (A) Each bidder shall post a bid bond, certified check or money order made payable to the City in the amount of 10% of the bid price. A company check is not acceptable. No bids shall be read or considered without a proper form of security. ( ] (8) No bond, certified check, or U.S. Money Order is r~quired. [ ] (C) Bidder shall post a payment I performance bond payable to the City in the amount of 100% of the bid price if awarded the purchase. Such bond(s) are due prior to contract execution as a guarantee that goods meet requirements of the Contract including timely delivery, performance specifications and warranty requirements. Such bonds will also guarantee quality perfonnance of services and timely payment of invoices to any subcontractors. [] (0) Bidder shall post a perfonnance bond in the amount of 100% of the bid price if awarded the purchase. Such bond(s) are due prior to contract execution as a guarantee of timely delivery and that equipment, materials and lor goods are delivered according to specifications. Whenever a bond is provided, it shall be executed by a surety authorized to do business in the State of Georgia, approved by the CitY, and must be executed on the attached fonns. At the discretion of the City. other forms of security may be considered in lieu of a performance bond. (Article 6 of the City's Code) City License. Requirement: Contractor must be licensed in the State of Georgia by the Governmental entity for which he does the majority of his business. 3.2 3.3 3.4 Warranty Requirements: (Check where applicable) [ ] (A) Provisions Of item 2.12 in regards to quality shall apply. [J (B) Warranty required as listed below. [ ] (a) Standard Warranty shall be offered with bid. Terms of Contract: (Check where applicable) [ ] (A) Annual Contract ( ] (B) One time Purchase. { ] (C) Other 3.5 Bid 08-150 Daily Rates Page 9 oft7 . I I I I I I I I I I I I I I I I I I I LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM 4.1 General Principles 4.2 This Ordinance and/or the codification hereof may be referred to as the "Augusta-Richmond County Local Small Business Opportunities Program Ordinance" (olLSBOP"). . Objective Augusta-Richmond County is firmly committed to the principles of equal opportunity and in keeping with these principles, hereby sets forth a program and establishes a mechanism for developing, approving, and implementing procedures by which local small business enterprises shall be identified, informed and educated regarding opportunities for supplying goods, general services, and construction services required by Augusta-Richmond County, and providing for objectives for bidders to incorporate the use of Local Small Businesses as commercially useful sub-contractors, thereby promoting balanced economic and community growth throughout Augusta-Richmond County. The LSBOP is a race and gender- neutral program. . 4.3 Policy It is the policy of Augusta-Richmond County that all necessary and reasonable steps shall be taken to ensure that local small business enterprises have the maximum opportunity to compete for. and participate in all contracts and subcontracts funded by or through Augusta-Richmond County government. Further, the Augusta-Richmond County Commission has determined as a means to ensure full economic participation by small local business that a mechanism for developing, approving and implementing a LSBOP is required. Augusta-Richmond County has established the LSBOP to promote opportunities for certified Local Small Business to participate in Augusta-Richmond County's contracting and procurement activities by requiring contractors to utilize certified Local Small Businesses to perform commercially useful functions to the maximum extent possible and as economically feasible, as partners or subcontractors for service delivery or as suppliers of various goods required in the performance of a contract. This LSBOP is in addition to and shall not supplant the Local Preference Ordinance, Code ~1-10-6. Augusta's Local Small Business Opportunities Program shall comply with federal and state requirements applicable to small or disadvantaged business, including but not limited to those requirements set forth by regulation by the Federal Aviation Administration, U.S. Department of Housing . & Urban Development, and Georgia Department of Transportation. It is expressly recognized that such federal and state regulations preempt Augusta's regulations regarding this subject. 4.4 Local Small Business Vendor Infonnation and Program Information: Please contact: Yvonne Gentry, Disadvantaged Business Enterprise Coordinator 501 Greene Street - Suite 304 Augusta, Georgia 30901 Office: (706) 821-2406 Fax: (706) 821-4228 Attached is Ordinance No. 7035 and Forms (Yellow Sheets or Attachment LSB). Please return the required forms as required. Bid 08-150 Daily Rates Page 10 of 17 I I I I I I I I I .< I I I I I I I I I I . L1 ?lv<-J f11-Wl ( I Description Bid Item #08-150 Daily Rate Quotation FQr Equipment and Personnel Augusta Utilities Department Utility Contractor Quantity Rate Per 8 Hr.. Day Rate Per Hr. For Add'I Hours G Total Daily Rate -~~ ~1.Sf:) 3 (). 1:'-0 I . 75 oJf ,.1:0 A f) ,.J ~/AP?If'V lOP~ .tJ~ ~f~. NOTE: Contractor must have a current contractor~s and utilities license. Contractor must obtain bond in the amount of $150,000 for work to be performed. Contractor must obtain liability insurance in the amount required by the Augusta Law Office. CONTRACTOR'S LIABll.,lTY INSURANCE Insurance shall be written within limits of liability shown below or as required by law, whichever is greater: Commercial General Liability (per occurrence) Each Occurrence . General Aggregate Products Personal & Adv Injury Fire Damage . Automobile Liability (any auto) Combmed Single Limit Excess Liability (any auto) Each Occurrence Workers Compensation Employer Liability $1,000,000 $2,000,000 $2,000,000 $1,000,000 $ 500,660 $1,000,000 $5,000,000 , Statutory Limits $1,000,000 Company Name J~ f=~~tZ-~ W-A:tZ-f2A6 J rWCt:.-J,J(~. ) N C- Company Address: \ 13 (p. P.:>A~,ot-l CH-A.PEL ~ D M&..v.STf:::.. I GjGe1'2Gr/~ ~t:?"?/e::>9 Telephone Number: I~~ - (p~ 1, <79(;:3 Contact Person: rZo~~ (!,A.~ ~ -j'l #t I::~e J~'1 ~rZ-ieA.5 7- 2- LOOP Date Please return bid information on this form by Tuesday, July 8, 2008.@3:00 p.m. to Geri A. Sams, City of Augusta Procurement Dept., 530 Greene St. - Room 605, Augusta, GA 30901. Bid 08-150 Dally Rates Page 11 of17 I I I I I I I I I I I I I I I I I I I General Specifications: 5.1 The Exception Sheet, the Bid Submittal Form, the Non-Discrimination Statement, the Conflict of Interest, the local vendor preference (if applicable), Contractor Affidavit and Agreement. Subcontractor Affidavit and Georgia Security and Immigration Compliance Act of 2006, License, Certification/Credentials, Bonds, Warranties and/or any requested documentation must be submitted with bid package. Bids must be submitted in DUPLICATE. 5.2 5.3 Vendor is responsible for determining and acknowledging any addenda issued in connection with this bid solicitation. 5.4 The City pays by invoices only net 30. Unless otherwise arranged. Invoices should be sent to the following address: 5.5 r. City of Augusta Richmond County Georgia Accounting Department - Room 105 City-Municipal BUilding 530 Greene.Str.eet Augusta, Georgia 30901 5.6 Vendor is responsible for determining and acknowledging any addenda issued in connection with this solicitation. 5.7 All Bids, R~quest for Proposal/Qualifications and or Quote are governed and awarded in accordance to The City of Augusta, Georgia (Richmond County) Code. To view the Code visit Augusta's website at WWW.BUQUstaaa.qov . Bid 08-1 50 Daily Rates Page t:2 of17 I I I I I I I I I I I I I I I I I I I ~ ~ EXCEPTION SHEET If the commodity (ies) and/or services proposed in the response to this bid is in anyway different from that contained in this proposal or bid, the bidder is responsible to clearly identify by specification section number, all such differences in the space provided below. OtherWise, it will be assumed that bidder(s) offer is in total compliance with an aspects of the proposal or bid. Below are the exceptions to the stated specifications: H.oJ-[ ~ ... 7 - <:)13 -O~ Date Sig t . Jf5;i1:fl.I.1 ~L~ Tt'NUt:A,J6 I ~ C~ Company ) ?~/l?E)-\., CGO Title . / Bid 08-150 Daily Rates Page 13 of17 I I I I I I I I I I I I I I I I I I I ~ NON-DISCRIMINATION STATEMENT The bidder certifies that: (1) No person shall be excluded from participation in, denied the benefit of. or otherwise discriminated against on the basis of race, color, national origin, or gender in connection with any bid . submitted to the City of Augusta or the performance of any contract resulting therefrom; (2) That it is and shall be the policy of this Company to provide equal opportunity to all business persons seeking to contract or otherwise interested in contracting with this Company, including those .Qompanies owned and controlled by racial minorities, cultura~ minorities, and women;- (3) In connection herewith, We acknowledge and warrant that this Company has been made aware of, understands and agrees to take affirmative action to provide such companies with - the maximum practicable opportunities to do business with this Company; (4) That this promise of non-discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; (5) That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; (6) That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling the City of Augusta to declare the contract in default and to exercise any and. all applicable rights and remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract. . ~ ~ ' I'\Il . 0 ~I" Signar . 0 - ~ JGff~ ~(2,i2.1:; lrw~~G I r-!C', Company Name and Address / . k1Z~}Oe--{'l ~o Title I .1730. 1'?A(2.-!*f ~p~ ~P. ;j.vbl6m b~/6. 30909 Please return this form with your submittal. Bid 08-150 Daily Rates Page 14 of 17 . Ii I I II I i I' I I I i i If J .1 ! f II I: I, I, I I I I I I I I I I ~ CONFLICT OF INTEREST: It shall be unethical for l!l1y City of Augusta business or participant directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee's-or official's immediate family has a substantial interest or financial interest pertaiiUng 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 cc;mtract is awarded pursuant to a.C.G.A. 45-1O~22 and 45-10-24, or the transaction is excepted from said restrictions by O.C.G.A. 45-10-25; " (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or official's immediate family is negotiating or has an arrangem.ent 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 ~e deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial' interest. I, (vendor) Jv~ jJhttr'? 1(WC1&IM6/,fe- have read and understand the infonnation ~~~W~ed in the bid specifications. J Vendor Name: ~~ ~(LrtI4 -1tYv'al(\'U~, IMe. Address: J 7 ~~ ' t3Al.--~ CA-I-6 t"eL-- (l.oAO City & State: ' M bf Lk11A ~tZ1D. ~ ~ (') 9 Phone #: (la~) l1h1,/ 9')!7.? Fax # ~ &p~1"" ') 90'5" Signature: ~ * "r Iofw,N\. Date: 1 ~ Olr d3 Bid Item Number an~ Name: 4200---1 S 0 OA(Iv'1, (ltJrf.> fOr't- ~~I fm C:;f-o.(t 'if Pt::-rz.-svt1Plf!5L THIS FORM MUST BE SUBMITTED WITH BID PACKAGE: NO EXCEPTION(S) WILL BE GRANTED Bid 08-150 Da~y Rates Page 15 of17 I. I I I I I I I I I I I I I I I I I I ~ Certification Statement Local Vendor Preference I certify that my company meets all of the following qualifications to be eligible for the local vendor preference: (1) That my company has a fixed office otdistribution point located in and having a street address within Augusta for at least six (6) months immediately prior to the issuance of the request for competitive bids or request for proposals by Augusta; and (2) That my company holds any business license required by the Augusta Richmond County Code for at least 6 months ~ (3) That my company employs at least one (1) full time employee, or two (2) part time employees whose primary residence is in Augusta, or if the business has no employees, the business shall be at least fifty percent (50%) owned by one or more persons whose primary residence is in Augusta. (4) Attached is a copy of my Augusta Business License. Company Name: ,J~~ ~4 -r ~-,,.j ~ I MC . I Address: 17 3 b (bll ~ ~ f'ev ~L) . BUsiness License Number ~CO"8*OSSIII Phone Number: 70~ (,~7'" 99tJ3 FaxNumber.: 7()P.~b7"'.90S- Owner',Name: ~f/I1Vt/5 Signature:~ J.0",,~ Sworn to before me this 15 day of ~ I 0 l:J" ~ C02? Notary Public for the State of (),.e ~i ('J-.. My Commission Expires Cr. ;\- . 0i, ;;)0\ \ Notary Public Signature MJ".<. ~ J ~ P>"1J'A Printed Name: J y:.,' n i +j Pw,{ d II VENDOR DO NOT COMPLETE ~ To be completed by Authorized City Representative from Business License & Inspection Department: Vendor Certified: Date: Authorized Signature To be approved as a local bidder and receive bid pre~;ence on an eligible local projec~ this certificate and a copy of your local business license must be submitted with your bona fide bid package. ~=. ~Countr ~i,iOtt Bid 08.150 Daily Rates Pagel 6 of!7 I I I I I I I I I I I I I I I I I I I BID PROPOSAL FORM City of Augusta Procurement Dept 530 Greene Street Suite 605 Augusta, Georgia 30901 BID NUMBER: 08.150 Bus!Jless Location: (Check One) ~Augusta Richmond County Acknowledgement Of Addendum: Check and Initial the appropriate box: Addenda 1 Initial Addenda 7 Initial Addenda 2 Initial Addenda 8 Initial Addenda 3 Initial Addenda 9 Initial Addenda 4 Initial Addenda 10 Initial Addenda 5 Initial Addenda 11 Initial Addenda 6 Initial Addenda 12 Initial THE UNDERSIGNED PROPOSES TO FURNISH THE FOllOWING ITEMS IN STRICT CONFORMANCE TO THE BID SPECIFICATIONS AND BID INVITATION ISSUED BY THE CITY OF AUGUSTA FOR THIS BID. ANY EXCEPTIONS ARE CLEARLY MARKED IN THE ATTACHED COpy OF. BID SPECIFICATIONS: This fonn MUST b~ submitted with bid package. NO Exception(s) will be granted Bid 08-150 Daily Rates Page 17 of17 I 1 1 1 1 1 I: 1 1 I I I I 1 I 1 1 1 1 BidIRFP !RFQ# () ~ r I '30 CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O..C.G.A. 13-10-91, stating affirmatively that the individual, firm, or .corporation which is contracting with Augusta Richmond County Board of Commissioners bas registered with and is participating in a federal work authorization program. [any of the electronic verification of work a~thorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act. of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A 13-10-91. The undersigned further agrees that, sbouldit employ or contract with any subcontractor(s) in connection with the physical perfomlance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A 13-10-91 on the Subcontractor Affidavit provided iit Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification. to the Augusta Richmond County Board of COmD:nssioners at the time the subcontractor(s) is retained to perform such service. 0. fl. - \ ~Y.~~~f} . E-Verify * User Identification Number . J~ . ~7~rWMtvl6, rriel Company Name . 500 or More Please Check One. 100 or more 100 or less Number of Employees Date: 7- O~Ot5 BY: 11 Z - fflcer or Agent (Contractor Signa. 7 . ....ffW1.IP~ r . ~ t.f30. Title of Authorized Officer or Agent of Contractor -r;::,'() ,. Printed N Officer or Ag SUBSCRIBED AND SWORN BEFORE.ME ON THIS TIIE ?? DAYOF ~uJ)j ,200rg. Not~ Public - . . My Com..missionEXPires:~ \ TrinIty Byrd NoIIry PubIO CoIwnbta County 0ctDbIt a. 2011 PLEASE RETURN WITH YOUR SUBMITTAL ) v I . I II t I II I II , II I I If I I I I I I I I I I I I I BidIRFPIRFQ # SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with o.c.a.A. 13-10-91, stating afftrmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization pro gram * [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify 'information of newly hired, employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13-10-91. Please Che(,:k One; E- Verify * User Identification Number 500 or More 100 9r more 100 or less Number of Employees ' Company Name Date: BY: Authorized Officer or Agent (Subcontractor Signature) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRlBED AND SWORN tu!A BEFORE ME ON THIS THE -- DAY OF ,200_ Notary PubHc My Commission Expires: PLEASE RETURN WITH YOUR SUBMITTAL I I I I I I I I I I I I I I I I I I I -STATKMENT OF NON-DISCRThIINATJON The undersigp:ed understands that. it is the policy of Augusta-Richmond County to promote full and equal busine~s opportunity fOT all persons doing business with Augusta;. Richmond Cci~. The undersigned covenants that w~ l1ave not disc.riminated, on the basis of race. religion, gender, national origin or ethnicity, with regard to pri.me contraytiIig, subcontracting or paitnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensme .maximum practicable participation of local SI)la1~ businesses on the bid or contract awarded by Augusta- Richmond CO\lnty. The. undersigned ~er covenants that we have corqpleted truthfully and fully the requited fOimS regarding good fai~h efforts apd lOGal ~allb~.ine$s subcontractor/supplier utilization. The und-ersigned further covenants and agrees not to;.engage in discriminatory cottduct of any type agai'nst local small businesses. in confonnity with Augus.ta~Richmond County' 5 Local Small Business Opportunity Pmgram. Set forth below is the signature of an officer of the biddjnglcontracting entity "vith the authQrity to bind the entity. .~~~.. Si . a .. of ttesting party ~~{t?lo/i -( J WO Title of Attestirig Po: . Subscrib.ed and sworn to before me this '2 day of ~n_Q~ > 20QJ tl~~BIJ,\(d Notary Public. U SEAL My commission expires: Q:)-. C11;)D 11 Attachment LSB 1', . I I I I I i I I I 3 e" o ~ ~ ! ~ s ~ t8 ~ ~ ~~8 ~o..... i:Qt:~ ,.jr:1~ 3=~ ~t::~ ~r:l~ O~" '.:l 0 0 i=8t 8 ~ U Eo- ~ ~ .~ ~ ~ ~ I:n I:) o ~ I I 1 1 1 1 1 1 I. 1 1 1 1 ~ CI) VI ~ o ~ >= ~ ... v ~ Q r.; .... Q ~ :; "" Q ~ ~ 0 z '0 = !Xl Q ~= ..:ItlI .. Ulj; ~.~ .~ ;; e-.. e ~ (IJ ~ ... .1iI 5 :s ,5= .::.:: 1.0 c~ ~~ .... .- c~ u Cl g-I:n OJ C?J .. .- '1~C"~ ~ ~ ~.= ~. :1 a ; ~ S ClJI.J:l txl ...... CI) ::l u. ._;; "" ~ i:a .0 ~ 0 CJ ~ 0 .... ~ to) a:3 J" = ... Ql Q .... .... ..::: ;::: "S..c.. G g."l;1, 0 ..g 1:I.l"C.. . "'"" ~ ... tI? lo ... ,Q E ~ 3 - "" :1:: c;:; S:gz .... <Jl c< ~ ~ ~ -t: -g ~ ;: I"I:lz ~. ~ ~ .. iI.. ~ 4.l :a q,). Ii ~ ::I ...~ .... 01:; ~ ... Q ::: s';:; 5~ os <II Q Z-b ~~ .-= ~ = Q ~ ... ,.Q ~ ::s I I ~ CI) ti 4.l ..J:; CI) -a 1: o '.0:: ~ Cd 4.l GO ~ ~ '.~ e P- en ;s co c: =E "lS1 eo ~ ti c:;S "E 8 o t3 ~ .... <0 oS ~ .0 ;::: ~ .......... ~ u ~ Q <Jl ~ 1:1 OJ g Q. o lo. ~ --- .. 4l '0 "0 ~ 4i .. .a ~ Q .... r;I.l .. '" .., "" ~ "" :t. ~ .5 ~ IX) l/l .J E <II E &; <) III :t: < I' 1 ! . I I i I II .... OJ ...., .... "" fI) (.) "" ! ~ .... -.0 ...J '5' Q ~ "" c j ~:5 ... .;' II .... ,~ ell 0... ~Q:l~ E 0 .....-0 ~ ;Z l: o:S 5 S a .:S u :l .S :::~< ~ .. ~ < <( ] ~ I VI :l 4:) .J:l I B It . lh.... .~ --Q~ s.. III .. ell .::1 .0. ~ - =ar:;~ I b I ~ ~;> It ~ oS 0 bn g:: ~ ~~ ~Od ,=' ~~. ~ .S oZ-& I ~ = .. ;;IZ Ii ~:8.~~ &-0 ~ Q,.OII .u ~i~~. =>-1 .... Or-< -a ~;S .g. I~ I/) ~~ !tJ- ~ ~ ~r:3 0 t) zE-t ~ I:l 0-: Cl ~. );:l tJGI~Z ~ I 5~ 0 ~.s ~ ~ ..:If:3 $ ~.~ ~ =' (,Q,.;j> i..:l~ '" ~t '" \ <n ~ es; "- I CI);:J .S ~ ~~ ;e ~ .loC Z l..l~ = .... .... ,So <':l 0 "l:I ~. e ;>- GI \oJ' .~ ~ I ~b U) :::jS ~e .... i .- Q a c=I z~ .G1Z .~ .2 't -......::.~ .~ 1 ;:J u. C. GI I ~ 3 ~ 8~ ,..;j tI.l "l:t . r I ~o f:: I ~u Q ..... .<1} ~~ 'Oil j = . c# tJCI.I ~ . I ~ ~~ u ~ d ~ 0 '~ ~ a,d ~ Cllllt. Z~Ql - ;>,di11 ;, - <ll = Cll I Cl ..... OIl .. ::l :::. VI aez -< ;j O'd '. C,,)'d .... ~ ..( I I:: <:> .~ ~ ... .~ I ~ -a. =- .~ :::l '" ....tIl. ... _\ \:q 0..... 111 I:: 41 .. e .:: 5-t ~~ = i: <OS 011 Z I <u z:: ~ ~ ):I .... ~ 0 = .... ... .Q = :: ::l Co .... CI.l S ~ = I 0 e.o U .... Gf.l II I I 00 '('\ ltl .... I/) '" I I "" ..J "" i: "1- ~ C> E z J:. j 0( lJ ..l 5 1 ~ <- <: I I 0 <<: I ~ i '" =:a 1 I ~ - <lIl .... i I 0 1 Eo-< II .., I s = :z; ; ~ sa CI.l fo,4 .'$ -< I' .J = < u ~ 4) 8 ~ r-< .... Q @ '" E; Q. ell ~ :s = f;I;l I: ~~ ~. f-o c.l r::l 1( f-< 0 Q Q -< \ ~~ ] Ii"l ~ g '" fJ} 0 = 0 f-o I ~~ I,l ~ .Q .Q 0 ~ ~~~ .s 0 A:: .~ ~ f Q., Il:l r5~Q Z ;J 41 1Io o ~ 't: E-< ~ I u !:"l J. U 8 Q .~ ':4 41 ~ zO ~ ..... J 0 t) oPo.~ U p:: i~~ 1( ~ .Sl Po. ~ I c.;d~~ ~ !-o ::L ~ :;p=1 0 ~ 0 ~ <~t .s u .. ~ .00 '" ~ ~'~~ ~ cr: ~ I ;:J !-o "S. ~ 0 o~z =. .!-O ~ 0 ::l Z C::. C4 ~I 0 'i: ~u ~ ~ 100 ~ III oo~ S 1"'1 C I ~CI.l ~ Q < '" ~ !-o '" u>; = .... z OS e = lol u 0 U ~E-< .Q ~ ~ ~ g r.il I i:.o - )1 'ii '< .... '" ;:s I I :?1 I g r.:. f;I;l Q ~ 0 ~ 0 ;.; z I ~ o' ~ z ~ l- t f;I;l f-< ~ :::l U ~ ~ CI l"l Wl ,.., 0 Eo- ~ I 0 Po. :z: ~ ~ ~ 0 i:W U I I THIS AGREEMENT, made on the 7th day of October, 2008, by and between AUGUST A, GEORGIA, BY AND THROUGH THE AUGUST A-RICHMOND COUNTY COMMISSION, party of the first part, hereinafter called the OWNER, and JEFFERY HARRIS TRUCKING, INC., party of the second part, hereinafter called the CONTRACTOR. I I I WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK I I I The CONTRACTOR hereby agrees to furnish all of the materials (when specified in each Task Order), equipment and labor necessary to perforin all of the work shown for each individual Task Order as a part of the: DAILY RATE CONTRACT and in accordance with the requirements and provisions of the General and Supplemental General Conditions attached, which are hereby made a part of this agreement. In addition, the daily rate unit price by which Task Orders are negotiated shall be considered valid for 12 months from contract award. CONTRACTOR shall be compensated in accordance with the compensation provisions below and in accordance with the rates established in Bid Item #08-150 or as may be amended and approved by OWNER. I ARTICLE II - TIME OF COMPLETION/LIQUIDATED DAMAGES I I The work to be performed for each Task Order shall be reviewed with the CONTRACTOR prior to OWNER issuing notice to proceed. Once both parties have agreed in writing to the work described in the Task Order a written notice to proceed shall be issued by OWNER. Work on the Task Order shall be commenced within 10 calendar days after the date of notice to proceed with each Task Order. All work shall be completed within the calendar days specified in the Task Order with all such extensions of time as are provided for in the Task Order documents. I 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 ensure full completion thereof within the time specified. It is expressly understood and agreed by and between the CONTRACTOR and the OWNER, thatthe time for completion of the work described in each authorized Task Order is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. I I I I I I I 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 the OWNER the sum of two hundred and fifty and no/100s ($250.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as 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 I I by the OWNER from current periodical estimates. I It is further agreed that time is of the essence for each and every Task Order to be assigned under this Contract, and the specifications wherein a definite portion and certain length of time is fixed, if additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this contract. I I Points of Contact and Direction I All administrative deliverables including notices, certificates and permits required under this Agreement shall be submitted to the OWNER. All technical deliverables required by the Task Order shall be submitted to OWNER technical point of contact (POC) noted below. Any administrative or technical direction received from these individuals, unless received in the form of a revision to this Agreement, shall be considered informational only and shall not be binding by the parties. All notices and actions by OWNER under this Agreement shall be submitted to the CONTRACTOR POC identified below. I OWNER Technical POC: Justo Chacon or Jerry Delaughter CONTRACTOR POC: Bob Barker or Jeffery Harris I ARTICLE III - PAYMENT I (A) The Contract Sum I The OWNER shall pay to the CONTRACTOR for the performance of the Contract the amount as stated in the Task Order based upon rates stated in the Bid Item #08-150. Fixed Unit Rate Services - Compensation for services rendered on the basis of fixed unit rates shall be at the rates established as specified in the Bid Item #08-150. Unless otherwise stated, these rates are firm for the period of performance and include all elements of labor, overhead, other direct costs and profit. Total compensation under this Agreement currently is $ 150,000. I I (B) Progress Payment I On no later than the fifth day of every month, the Contractor shall submit to the OWNER an estimate covering the quantities used toward completion of Task Order which has been completed from the start of the Task Order to and including the last working day of the preceding month, together with such supporting evidence as may be required by the OWNER. This estimate shall include only the unit prices as set forth in the Bid Schedule. I On the vendor run following approval of the invoice for payment, the OWNER shall after deducting previous payments made, pay to the CONTRACTOR 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the OWNER until the final completion and acceptance of all work under the Contract. I I ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT I (A) Upon receipt of written notice that the work for a given Task Order is ready for final inspection and acceptance, the OWNER's designated representative shall within 10 days make such I I I I inspection, and when he finds the work acceptable under the Contract and the authorized Task Order fully performed, he will promptly issue a final certificate for that Task Order, over his own signature, stating that the work required by this Task Order 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. I I I (B) Before final payment is due, the CONTRACTOR shall submit evidence satisfactory to the OWNER that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. I (C) The making and acceptance of the final payment for each Task Order shall constitute a waiver of all claims by the OWNER regarding the work done as part of that Task Order, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the CONTRACTOR except those previously made and still unsettled. I I (D) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the CONTRACTOR, and the OWNER Representative so certifies, the OWNER shall upon certification of the OWNER representative, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. I I Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. I Entire Agreement This Agreement supersedes all prior agreements and understandings and may only be changed by written revision executed by both parties. I I I I I I I I I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. OWNER: AUGUST A, GEORGIA By: U~V: The Honorable DeKeCopenhaver Mayor L t Dat~: Iv 'I t76 ~Jtv\b~ By: Attorney D _ ,,, r! Date:~ CONTRACTOR: JEFFERY HARRIS TRUCKING, INC. By: \L1rtej~ ~ Name: ~ffery Harris . Title: President/ CEO Date: \ \- \\-O'R ~;lI.:,.~~--::1.."'~\}:,~"t. . ~41>~ "Q,,~CII~,\/!~),\,~;,'(l, 4V' /. . _ -t... . ').,. P' ~~.: B"tl.~"~9~.Z',~,.... _'" ff';"' 0"" f "d.7.. .~\ f/ is' l .:~~ \ ..LSEAL ~ . ~ . ~ : - ;~ : .. -.. ~ By. '" .. -.- ;:::: [II -. zg1'. ..~ d Lena J. Bonner ".. \;;% .. /if' . ~ 01iJ .- .f, ?flJ1-~> .............. 4>'- Clerk o~~. nGE. o. RG\~~4'" I ~~~~~-.::.~~ Date: LJ Interim Director, Augusta Utilities Department Date: I,ll i / d I I LrJ~EAL "'- ~:",~~ ~ Title: ,") Date: ! I,. / 7 ' 0 Q ATTEST: I I ~ co;'c. NOTICE OF AWARD I DATE: 11/10/08 I COMPANY: Jeffery Harris Trucking, Inc. ADDRESS: 1736 Barton Chapel Road I Augusta City Georgia State 30909 Zip Code I PROJECT: Daily Rate Contract for Fort Gordon PROJECT NO: I At a meeting of the Augusta-Richmond County Commission held on October 7, 2008 you were awarded the contract for the following Project: I Daily Rate Contract for Fort Gordon Water and Wastewater Lines Replacement I Enclosed please find 5 copies of the contract documents for your execution. Please complete the pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office 10 days from the date of this letter, excluding legal holidays. I The Certificate of Insurance must be complete. I Very truly yours, Augusta Utilities Department I ~ Receipt 0 this NOTICE OF AWARD is hereby acknowledged I , I' This, the day of ,2008. Contractor: I By: I Title: I Please sign and return one copy of this Notice of Award Acknowledgement to: Augusta Utilities Department Attn: Justo Chacon, Project Manager 360 Bay Street; Suite 180 Augusta, GA 30901 I I NOTICE OF AWARD_DAILY RATE CONTRACT FORT GORDON I NOTICE TO PROCEED I I TO: Jeffery Harris Trucking, Inc. I Attn: Robert Barker I 1836 BArton Chapel Road Augusta, GA 30909 I Daily Rate Contract for Fort Gordon Water and Wastewater Line PROJECT: Replacement I I You are hereby notified to commence WORK in accordance with the Agreement dated on or before , and you are to complete the WORK within I consecutive calendar days thereafter. The date of completion of all WORK is therefore I Very truly yours, Augusta Program Management Team I Project Manager I Receipt of this NOTICE TO PROCEED is hereby acknowledged I This, the day of , 2008 Contractor: I By: I Title: Please sign and return one copy of this Notice to Proceed Acknowledgement to: I Augusta Utilities Department I Attn: Justo Chacon 360 Bay Street, Suite 180 . I Augusta, GA 30901 I DATE: PROJECT NO: 10/07/2008 I I CONSTRUCTION CONTRACT CHANGE ORDER I CO NUNfBER BID ITEM DATE I I I I I I PROJECT TITLE Daily Rate Contract for Fort Gordon Water and Wastewater Lines Replacement ORIGINAL CONTRACT DATE 10/07 /2008 PROJECT NUMBER OWNER AUGUSTA-RICHMOND COUN1YCOMMISSION PO NUMBER The following change is hereby made to the contract for the above project: Description of Change (for a more detailed description see attached proposal): PAYEE TOTAL AMOUNT OF THIS CHANGE ORDER $ I I I I The contract time will be INCREASED by Q calendar days as a result of this change. ORIGINAL CONTRACT AMOUNT $ 400,000.00 PREVIOUS CHANGE ORDER (INCREASE) $ THIS CHANGE ORDER (INCREASE) $ TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER $ FUNDING NUNfBER/ ACCOUNT NUNfBER I I I I I I PROPOSED BY: DATE: CONTRACTOR REQUESTED BY: DATE: ENGINEER SUBMITTED BY: DATE: DEPARTMENT HEAD FINANCE ENDORSEMENT: DATE: COMPTROllER RECOMMENDED BY: DATE: ADMINISTRATOR APPROVED BY: DATE: MAYOR CNA I I I I I I I I I I I I I I I I ll/~o/~OO~ 1: 0'1 l-lM l-lAUt: ::3/000 t'ax berVer . ... ~'V \/\estern Surety Company PAYMENT BOND Bond Number: 15227090 KNOW ALL PERSONS BY THESE PRESENTS, That we Jefferv Harris Truckincr, Inc. of 1736 Barton Chapel Road, Augusta, GA 30906 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto Auqusta Geor:qia Utili ties Dept. of 360 Bav St., Ste. 180. Auausta, GA 30901 , hereinafter referred to as the Obligee, in the sum of One Hundred Fiftv Thousand and 00/100 Dollars ($150,000. 00 ). for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 21st day of November 2008 ,ror Fort Gordon Utilities Renovations & Installation Contract #001-001 copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in 'accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) 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 sharr be deemed to be amended so as to be equal to the min"lmum period of limitation permitted by such law. (b) 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. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 25th day of November 2008 . Jefferv Harr:is Truckinq, Inc. (Principal) By ~J!, ~ (Seal) wes~surety Company ., :7:Jffi~ By (4~~'0- ,(Seal) ASHLEY I.,ANSE'O~D SMITH. Attorney-m-Fact , I 'I GN1\. I I I I I I I I I I I I I I I I I I I ll/Zt)/ZOOt:S 1: t)'/ PM PAGt: Z IOO"t>-- !:"ax--5ervtH' ~WI Western Surety Company PERFORMANCE BOND Bond Number: 15227090 KNOW ALL PERSONS BY THESE PRESENTS, That we Jefferv Harris Truekinq, Ine. of 1736 Barton Chapel Road, Augusta, GA 30906 referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto Augusta Georgia Utili ties Dept. of 360 Bav St..Ste. 180. Auausta. GA 30901 referred to as the Obligee, in the sum of One Hundred Fifty Thousand and 00/100 Dollars ($ 150,000.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents, , hereinafier , hereinafter WHEREAS, Principal has entered into a contract with Obligee, dated the 21st day of November 200B ,for Fort Gordon Ut i 1 it i P.fl Rp.nov<lt i onE! & Tn flt<lll "t i on Cant r<lct #001-001 NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect, ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the \NOr\< or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee, SIGNED, SEALED AND DATED this 25th day of November 2008 Jeffery Harris Trucking, Inc. (principal) , f-hVUfL (Seal) By ~#1 By (Seal) .Attomey-in-Fact " Fonn F4597 (;NA ~~f;C:>fZOQu---J..--;~Y{ PM ~AtiJ.:: q:f 0 G~ t'ax ::jt:;:rv~r I I I Western Surety Company I POWER OF ATTORNEY - CERTIFIED COPY Bond No. 15227090 I Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the ~Company~), does by these presents make, constitute and appoint ASHLEY LANSFORD SMITH . I its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Jeffery Harris TrUCking, Inc. I Obligee: Augusta Georgia Utilities Dept. Amount: $500,000.00 I and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby rat~ing and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. I "Section 7. All bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any lUsistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, Dr undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." I I All authority hereby conferred shall expire and terminate, without notice. unless used before midnight of 2009 , but until such time shall be irrevocable and in full fOrce and effect.. Mav 15 I In Witness Whereof. Western Surety Company has caused these presents to be signed by its Senior Vwe President, Paul T. Bruflat, anditsco~J1\1ft,,",~-&:obeal'lixedthis 25th day of November 2:00B -~~ttt=,.~--. h~:~ ~~~;:":~t~, 6':\.._ _~OY".r _ itA ....'!'A'lL ~.;"jJ./ ~y...~ Jl.\~ .sift:..y -;'t"'~~ _,:: .,1- =wi~ - :z;i:. ~ 2.\ A .. If -~i ~~.- ~'- ---t+'" : 't_ j . .;;..... c:.,.,.. -/Io.[i. ~ _ STV~~ A / co~~ --- - i!P I I } ss I Ontbis 25th day of November ,intheyear 2008 ,belDreme, anotarypub1ic,personallyappeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the amresaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. ~~'"""'D. ~~~-".""j ~ n k,~ A.J ~~=:i~ ~Public-SouthDakota +-.-..--....-----... My Commission Expires November 30. 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full foree and effect and is irrevocable, and furthermore, that Section 1 ofthe bylaws of the Company as set forth in the Power of Attorney is now in force. I I In testimony vmereof; r have hereunto set my hand and seal of Western Surety Company this November . 2008. 25th day of I Fonn F530S.9-2006 I t;Hl'1 l.l.,'OCOJi"OCOOU l.. OJ"I' 1-'['1 1-'l'1UL:: OJ,' OOOJ J"a.;. '-'v~ V v~ I I I I I I I I STATE OF COUNTY OF Georgia Richmond } ACKNOWLEDGMENT OF SURETY (Attorney-in-Fact) ss Bond No. 15227090 I On this :/. t:;/1I day of It! D /J cJ?1J{)! , before me, a notary public in and for said County, personally appeared. ASHLEY LANSFORD SMITH to me personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of WESTERN SURETY COMPANY, a corporation of Sioux Fails, South Dakota, created, organized and existing under and by virtue of the laws of the Stat.e of South Dakota, that the said instrument was execut.ed on behalf of the said corporation by authority of its Board of Directors and that the said ASHLEY LANSFORD SMITH acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Auqusta ,Georqia. the day and year laSt above written, V COMMISSION EXPIRES ~ ~ ~ L'J MycoJrosslon~If~O. 2013 ,,,". 'A C' '-<. Notary Public I I I I Fonn 106-4-2000 I I I I I I I I I I I I I I I I I I I I I I I I I SECTION PB PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF . . LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called Contractor, and a corporation organized and existing under the laws of the State of ,with its principal office in the City of ,State of , as Surety, hereinafter called Surety, are held and firmly bound unto AUGUST A, GEORGIA BY AND THROUGH THE AUGUST A COMMISSION as Obligee, hereinafter called the Owner, in the penal amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the Daily Rate Contract in accordance with the drawings and specifications issued by the Augusta Utilities Department and the Augusta-Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter referred to as the the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by' Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowestresponsibl~ bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default a succession of PB-I I I I I I I- I I I I I I I I I I I I I defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and anyamendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this \'l day ofMcl"a~ \--,Q '\ A. D. 20~ WilneSS~~~ ~Sl-~~.QS~ \\~ (-, C;, """"'\C u~("\, . (Seal) (Contractor) ~ ,~c.. Attest ( B~~ ...2- ~ \ r iJ~ (Seal) (Title)' Witness (Seal) (Surety) Attest By (Seal) (Title) PB-2 I I I I I I I I I I I I I I I I I I I SECTION PB LABOR AND MATERIAL PAYMENT BOND NOTE: THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PERFORMANCE BOND ON PAGE PB-I, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) KNOW ALL MEN BY THESE PRESENTS: . That as Principal, hereinafter called Contractor, and a corporation organized and existing under the laws of the State of with its principal office in the City of , State of as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, as Obligee, hereinaftercalled the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the Daily Rate Contract in accordance with drawings and specifications issued by the Augusta Utilities Department and Augusta-Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT . NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and - material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such PB-3 claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor. was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one ( I) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (el 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. PB-4 I I I I I I I I I I I I I I I I I I I Signed and sealed this Witness \Y\~ ~ ^-- ~ Attest ~~ij ~ Witness Attest ~r\1 ~~ \rt PB-5 day of f\ )('M~ C'C\. \o€..J( A. D. 2oC8. ,~.cre,(~ t\OXCIS l(U~5~- (Contractor) By ~{€' S'\c\o~/(ro (Seal) (Title) ( (Seal) (Surety) By (Seal) (Title) ""'----.-- . I I I I I I I I I I I I I I I I I I I Revision Date August 2001 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated, which are applicable to both the singular and plural thereof: Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by OWNER to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its Surety in accordance with the Contract Documents. Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after execution of Contract together with all amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement. Contract Price-The moneys payable by OWN ER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time-The number of days (computed as provided in paragraph 17.2.1) or the date stated in the Agreement for the completion of the Work. . CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, or employees. Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. legal Holidays: New Year's Day, Martin Luther King Day, Memorial Day, 4th of July, labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or GC-1 Page 1 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain. administrative details applicable thereto. Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR orwith any other SUBCONTRACTOR for the performance of a part of the Work at the site. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other. such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Unit Price Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents. Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. Written Amendment~A written amendment. of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. GC-3 Page 3 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance policy (and other evidence of insurance which OWNER may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Pre-construction. Conference: 2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER, PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop Drawings and other submittals, processing applications for payment and maintaining required records. Finalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment, a conference attended by CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance. CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating schedule. Schedule updates shall include progressionofwork as compared to scheduled progress on work. Schedule updates shall accompany each pay request. GC-5 Page 5 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 3.6.3. a Work Change Directive (pursuant to paragraph 10.4). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.7.1. a Field Order (pursuant to paragraph 9.5). 3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of documents: 3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific written verification or adaptation bX PROFESSIONAL. GC-7 Page 7 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 200] performed after direction is provided by the PROFESSIONAL. Physical Conditions-Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respectto existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contr,act Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof . and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine ". the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: GC-9 Page 9 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute. another Bond and Surety, both of which must be acceptable to OWNER. CONTRACTOR's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of . CONTRACTOR's employees; GC-11 Page 11 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. . 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and other property insurance applicable to the Work, and also waive. all such rights against the Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, .and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. . GC-13 Page 13 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts. 5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys' fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. GC-15 . Page 15 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to alloW PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen- eral Requirements. 6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions. proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. GC-17 Page 17 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 process will be considered for time extensions only and no damages or additional compensation for delay will be allowed. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related costs. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt. to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. GC-19 Page 19 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Change Directive or Change Order be issued to document the consequences of the changes or variations. 6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence. . 6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because' of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the consequences of such action. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements,. materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. . GC-21 Page 21 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is qaused in part by a party indemnified hereunder or arises by or is imposed by law and Regulations regardless of the negligence of any such party. 6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. GC-23 Page 23 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 8---0WNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL. 8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWN ER's right to terminate services of CONTRACTOR under certain circumstances. GC-25 Page 25 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Rejecting Defective Work: 9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. . Shop Drawings, Change Orders and Payments: 9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision. Page 27 of 52 Decisions on Disputes: 9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph,. which PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will. be delivered by the. claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONALpursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition GC-27 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 10--CHANGES IN THE WORK 10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions, deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents. 10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. . 10.3. Upon agreementas to changes in the Work to be performed, Work performed in an emergency as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price, PROFESSIONAL wiHprepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNER for approval. 10.4. In theabsence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by OWNER. If CONTRACTORfails to sign such Work Change Directive, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Work Change Directive. 10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER, regardless of pending claim actions, unless otherwise agreed to in writing. 10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. GC-29 Page 29 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Change Order. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs . to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance ofthe Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for. employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be. accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties connected with the Work. GC-31 Page 31 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: . 11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon; 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be . fifteen percent, 11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent, 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3, 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and 11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to. be allowed by CONTRACTOR to OWNER for any such change which results in a net GC-33 Page 33 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 12--CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the OWN ER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault. 12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control orfault, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER maydetermine. CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension ordelay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. GC-35 Page 35 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in accordance with the requirements of the Contract Documents. Uncovering Work: 13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at CONTRACTOR's expense. 13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls), and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or . suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. Correction or Removal of Defective Work: 13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected, All direct and indirect costs of such correction shall be paid. by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. GC-37 Page 37 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Neglected Work by CONTRACTOR 13:15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. Page 39 of 52 13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to OWNER of associated inspection, construction management and resident engineers shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC-39 . I I I I I I I I I I I I I I I I I I I Revision Date August 2001 Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond. the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. PROFESSIONAL's recommendation offinal payment will constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because:. 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order. 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. . OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWN ER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify. CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any GC-41 Page 41 of 52 I I I I I I I I I I I, I I I I' I I I I Revision Date August 2001 Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. . 14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial Occupancy. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR, has completed all such corrections' to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules,guarantees, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection, marked-up record documents and other documents,CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 14.12.1. No application for final payment will be accepted by OWNER until approved as-built documents by CONTRACTOR are accepted and approved by PROFESSIONAL. GC-43 Page 43 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. GC-45 Page 45 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case 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, indirect and consequential costs of completing the Work (including. but not limited to fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. Termination for Convenience 15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 15.4.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or-other economic loss arising out of or resulting from such termination. 15.5. Where CONTRAcTOR's services have been so terminated by OWN ER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing orwhich may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. CONTRACTOR May Stop Work or Terminate: 15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than GC-47 Page 47 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 ARTICLE 16-~DISPUTE RESOLUTION 16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, togetherwith its character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address. 16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. GC-49 Page 49 of 52 I I I I I I I I I I I I I I I I I I I Revision Date August 2001 17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control. 17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives any claim to same. Substitutions: 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. . Sanitary Sewer Overflow Prevention: 17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction: 17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. . 17.9.2The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. 17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure ofthe bypass pump could result in the discharge of untreated wastewater to waters of the State. 17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume. 17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if GC-51 Page 51 of 52 October 29, 2008 ,/ SUPPLEMENTARY GENERAL CONDITIONS SC-l. These supplementary conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. SC-2. The terms used in the supplementary condition which are defined in the Standard General Conditions to the Construction Contract have the meanings assigned to them in the General Conditions. SC-3. Revise paragraph 2.7 in its entirety and insert the following. Before any work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. SC-4. Amend paragraph 4.2.1 Add: Soil boring report is not available. SC- 5. The limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: a. Policies, Certificates, Limits and Disposition of Documents. - The Contractor shall obtain at his expense insurance with limits as shown hereinbelow unless the Contractor desires to broaden the limits and obtain more protection. [I] OWNER'S PROTECTIVE LIABILITY INSURANCE - Taken out in name of the owner as insured. (See Invitation to Bid for exact legal name of owner.) Bodily injury, including death -limits of $1,000,000.00 for each person and $2,000,000.00 for each accident. Property damage -limits of$500,000.00 for each accident and $1,000,000.00 for the aggregate of operations. DISPOSITION: Original policy must be deposited with owner prior to commencement of work. [2] CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE - Taken out in the name of the Contractor. Bodily injury, including death -limits of $1,000,000.00 for each person and $2,000,000.00 for each accident. Property damage -limits of$500,000.00 for each accident and $1,000,000.00 for the aggregate of operations. DISPOSITION: Certificate of insurance must be sent to owner prior to commencement of work. [3] CONTRACTOR'S PUBLIC LIABILITY INSURANCE - Taken out in the name of the Contractor. -1- -2- October 29,2008 Bodily injury, including death -limits of $1,000,000.00 for each person and $2,000,000.00 for each accident. Property damage -limits of$500,000.00 for each accident and $1,000,000.00 for the aggregate of operations. DISPOSITION: Certificate of insurance must be sent to Owner prior to commencement of work. [4] BUILDER'S RISK INSURANCE - Payable to the Contractor and Owner, as their interests may appear, upon the entire structure and upon all materials in or adjacent thereto which are to be made a part of the insured structure to 100% of the insurable value thereof covering fire, extended coverage, vandalism and malicious mischief. DISPOSITION: Original policy must be deposited with Owner prior to commencement of work. b. Acceptability of Insurers to Owner. - No insurance will be acceptable. unless written by a company licensed by the State Insurance Commissioner to do business in Georgia at the time the policy is issued, and the company must in addition be acceptable to the Owner. To avoid inconvenience, any general contractor or subcontractor must get in touch with the Owner to determine whether the insurance company or companies he expects to use is or are acceptable to the Owner. All policies and certificates must be signed or countersigned, as the case may be, by resident Georgia agents. c. Termination of Obligation to Insure. - Unless otherwise expressly provided to the contrary, the obligation to insure as prescribed herein shall not terminate until the Engineer shall have executed the final certificate. d. Contractor shall purchase and maintain during the full course of construction "All Risk" Builder's Risk Insurance coverage which names the Contractor, Owner and Engineer as co- insured. e. The Contractor will turn over areas completed for construction prior to substantial completion. Contractor shall maintain insurance on work he performs within "battery limits". . SC-6. Add paragraph 7.5 7.5. Should CONTRACTOR cause damage to the work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR's performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER, ENGINEER, the Construction Coordinator or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER and the . Construction Coordinator hannless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER, ENGINEER, or the Construction Coordinator to the extent based on a claim arising out of CONTRACTOR's performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the -3- October 29, 2008 performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or the Construction Coordinator or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER or the Construction Coordinator on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to t he extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Article 12. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Construction Coordinator for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER, ENGINEER or Construction Coordinator for activities that are their respective responsibilities. SC-7 Right of Way and Construction Access Existing Sewer easements and public right-of-way areas are designated as the Contractor's Work Area. The Contractor will be responsible for observing the limits of the right-of way and shall prohibit any work being done on or any damage to property outside the bounds of the right-of-way. Additional work areas, access points and storage space, ifrequired, shall be obtained by the Contractor at no additional cost. SC-8 Disposal of Waste Material The disposal of all excavated material or spoil not required for use in the permanent work shall be the responsibility of the Contractor. He shall remove all excess excavated material or spoil from the site of the Work and dispose of the same in a legal manner at no additional cost. Burning of debris on site will not be allowed. SC-9 Environmental Protection Contractor shall conduct his operation in a manner to prevent pollution of the environment surrounding the area of work by every means possible and shall be responsible for furnishing all necessary items for fulfilling the work described herein. A. No waste or erosion materials shall be allowed to enter natural or manmade water or sewage removal systems. Erosion materials from excavations, borrow areas, or stockpiled fill shall be contained within the work area. Contractor shall develop methods for control of waste and erosion, which shall include such means as filtration, settlement, and manual removal to satisfY the above requirements. B. No burning of waste shall be allowed. C. The contractor shall at all time control the generation of dust by his operations. Control of dust shall be accomplished by water sprinkling or other approved means. D. All chemicals used during construction or furnished for project operation, -4- October 29,2008 whether herbicide, pesticide, disinfectant, polymer, reactant or other classification, must show approval of either EPA or FDA. Use of all such chemicals and disposal of residues shall be in conformance with instructions. E. In the event that the Contractor causes or has a spill or accidental discharge for which the Owner is fined by the State of Georgia EPD, the Contractor agrees to remediate the spill or discharge immediately in accordance with current EPD regulations and to pay any fines assessed ,against the City and/or Contractor. I I I I I I I I I I I I' I I I I . ;. .,