HomeMy WebLinkAboutJEFFERY HARRIS TRUCKING DAILY RATE FOR EQUIPMENT & PERSONNEL CONTRACT FOR FORT GORDON
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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
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SECTION
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CO
PB
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SGC
TABLE OF CONTENTS
TITLE
# OF PAGES
3
7
13
4
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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
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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
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Bid-Specifications' -
Bid Item #08- J 5 0 .
.Daily Rates for Eq'uipmeiit & Personnel :.
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For'
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The City of Augusta Utilitiespepar~en{. .'
Bid Due: Tuesday,;:uly 8, 200~ at.3:00.~.M' .
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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 -
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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
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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
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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
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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
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Bid 08-150 Dally Rates
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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.
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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.
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Bid 08-150 Dally Rates
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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
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-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
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Bid 08-150 Daily Rates
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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
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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 .
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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
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. L1 ?lv<-J f11-Wl (
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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
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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
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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
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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 .
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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
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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
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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
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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
)
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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
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-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
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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.
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WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations
hereinafter named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
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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.
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ARTICLE II - TIME OF COMPLETION/LIQUIDATED DAMAGES
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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.
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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.
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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
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by the OWNER from current periodical estimates.
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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.
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Points of Contact and Direction
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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.
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OWNER Technical POC: Justo Chacon or Jerry Delaughter
CONTRACTOR POC: Bob Barker or Jeffery Harris
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ARTICLE III - PAYMENT
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(A)
The Contract Sum
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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.
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(B)
Progress Payment
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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.
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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.
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ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
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(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
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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.
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(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.
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(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.
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(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.
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Each payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
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Entire Agreement
This Agreement supersedes all prior agreements and understandings and may only be changed by written
revision executed by both parties.
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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... . ').,.
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ff';"' 0"" f "d.7.. .~\
f/ is' l .:~~ \ ..LSEAL
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: .. -.. ~
By. '" .. -.- ;:::: [II
-. zg1'. ..~ d
Lena J. Bonner ".. \;;% .. /if'
. ~ 01iJ .- .f,
?flJ1-~> .............. 4>'-
Clerk o~~. nGE. o. RG\~~4'"
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Date: LJ
Interim Director, Augusta Utilities Department
Date: I,ll i / d
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LrJ~EAL
"'-
~:",~~ ~
Title: ,")
Date: ! I,. / 7 ' 0 Q
ATTEST:
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co;'c.
NOTICE OF AWARD
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DATE: 11/10/08
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COMPANY: Jeffery Harris Trucking, Inc.
ADDRESS:
1736 Barton Chapel Road
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Augusta
City
Georgia
State
30909
Zip Code
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PROJECT: Daily Rate Contract for Fort Gordon
PROJECT NO:
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At a meeting of the Augusta-Richmond County Commission held on October 7, 2008 you were awarded the
contract for the following Project:
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Daily Rate Contract for Fort Gordon Water and Wastewater Lines Replacement
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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.
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The Certificate of Insurance must be complete.
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Very truly yours,
Augusta Utilities Department
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Receipt 0 this NOTICE OF AWARD is hereby acknowledged
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,
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This, the
day of
,2008.
Contractor:
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By:
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Title:
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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
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NOTICE OF AWARD_DAILY RATE CONTRACT FORT GORDON
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NOTICE TO PROCEED
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TO:
Jeffery Harris Trucking, Inc.
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Attn: Robert Barker
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1836 BArton Chapel Road
Augusta, GA 30909
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Daily Rate Contract for Fort Gordon Water and Wastewater Line
PROJECT: Replacement
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You are hereby notified to commence WORK in accordance with the Agreement dated
on or before
, and you are to complete the WORK within
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consecutive calendar days thereafter. The date of completion of all WORK is therefore
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Very truly yours,
Augusta Program Management Team
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Project Manager
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Receipt of this NOTICE TO PROCEED is hereby acknowledged
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This, the
day of
, 2008
Contractor:
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By:
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Title:
Please sign and return one copy of this Notice to Proceed Acknowledgement to:
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Augusta Utilities Department
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Attn: Justo Chacon
360 Bay Street, Suite 180 .
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Augusta, GA 30901
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DATE:
PROJECT NO:
10/07/2008
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CONSTRUCTION CONTRACT CHANGE ORDER
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CO NUNfBER
BID ITEM
DATE
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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
$
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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
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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
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ll/~o/~OO~ 1: 0'1 l-lM l-lAUt:
::3/000
t'ax berVer
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\/\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
,
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ll/Zt)/ZOOt:S 1: t)'/ PM PAGt:
Z IOO"t>-- !:"ax--5ervtH'
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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
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Western Surety Company
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POWER OF ATTORNEY - CERTIFIED COPY
Bond No.
15227090
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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 .
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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.
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Obligee: Augusta Georgia Utilities Dept.
Amount: $500,000.00
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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.
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"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."
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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
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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
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} ss
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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.
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In testimony vmereof; r have hereunto set my hand and seal of Western Surety Company this
November . 2008.
25th
day of
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Fonn F530S.9-2006
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t;Hl'1
l.l.,'OCOJi"OCOOU l.. OJ"I' 1-'['1 1-'l'1UL::
OJ,' OOOJ
J"a.;. '-'v~ V v~
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STATE OF
COUNTY OF
Georgia
Richmond
} ACKNOWLEDGMENT OF SURETY
(Attorney-in-Fact)
ss
Bond No.
15227090
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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
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Fonn 106-4-2000
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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
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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
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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
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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)
""'----.-- .
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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
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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.
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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.
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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.
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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:
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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;
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Revision Date
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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. .
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Revision Date
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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.
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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.
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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.
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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. .
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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,/
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.
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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
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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,
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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.
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