HomeMy WebLinkAboutReplacement of Municiple Building Elevator
Augusta Richmond GA
DOCUMENT NAME: '(e.~\~ cJf- ffiUf"\~~ \OJ1~.dlf'g de\JLt\Oy-
DOCUMENT TYPE: ~~~
YEAR: 'D~
BOX NUMBER: \L1
FILE NUMBER: \l,Ql$\O
NUMBER OF PAGES: 3\
4 . ,1
Replacement of Municipal Building Elevator
RFP #02-203
,
INDEX TO CONTRACT
Section Title Page
NA Notice of Award 2
A Agreement 3-4
PB Performance Bond 5-6
LMPB Labor & Material Payment Bond 7-8
COA Certificate of Owner's Attorney 9
NP Notice to Proceed 10
GC General Conditions 11-27
SGC Supplemental General Conditions 28-30
SC Special Conditions 31
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SECTION NA
NOTICE OF AWARD
TO:
Montgomery KaNE, Inc.
1800 Sandy Plains Parkway, Suite 200
Marietta, GA 30066
PROJECT DESCRIPTION:
Municipal Building Elevator Replacement.
The Owner has considered the PROPOSAL submitted by you for the PROJECT named above in response
to its Request for Proposal (RFP) Number 02-203 dated October 14, 2002.
You are hereby notified that your PROPOSAL has been accepted for items in the amount of One hundred
twenty-one thousand one hundred seventy-six and no/100 Dollars ($121,176.00).
In accordance with the terms of the RFP, you are to execute the AGREEMENT (Section A) and furnish the
required Contractor's Performance Bond (Section PB) and Labor and Materials Payment Bond (Section
LMPB) within Ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within Ten (10) days from the date of this
Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your
PROPOSAL as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other
rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this
,2003.
BY:
Richard M. Acree, Jr., Assistant Di .
Augusta Public Works and Engineering Department
Facilities Management Division
ACCEPTANCE OF NOTICE + "
Receipt of the ~e NOTI\E"OfAWARD is hereby acknowledged on this ~day of
2003. U~J' l~
BY:
A'UCHf'
TITLE:
.James J. Turner
\"', ~ 'C,resident
.' '. r ,Ii .. ,,~pmt' -7i'l1,tlon Sales
. '... _ '.. \' L.J'''''' en
Expressly conditioned upon the attached
Rider No.1.
2
.
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SECTION A
AGREEMENT
THIS AGREEMENT, made this 7 day Of~~~ ,2003, by and between
Augusta Georgia, a political subdivision of the St e of Georg' ,hereinafter called "Owner"
and Montgomery KONE, Inc. doing business as a corporation hereinafter called
"Contractor. "
WITNESSETH: That for and in consideration of the payments and agreements as
hereinafter mentioned the sufficiency which is hereby acknowledged, the parties agree to
as follows:
1. The Contractor will commence and complete construction of Municipal Building
Elevator Replacement.
2. The Contractor will furnish all material, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the project described
herein.
3. The Contractor will commence the work required by the Contract Documents within
Ten (10) calendar days after the date of the Notice to Proceed and will complete the
work within Two hundred fifty (250) calendar days unless the period of completion
is extended otherwise by the Contract Documents.
4. The Contractor agrees to perfonn all the work described in the Contract Documents
for the sum of One hundred twenty-one thousand one hundred seventy-six and
no/100 Dollars ($121,176.00).
5. The term "Contract Documents" means and includes the following:
Advertisement for Bids Request for Proposal #02-203
Bid Bond Notice of Award
Performance/Payment Bonds Certificate of Owner's Attorney
Change Order General Conditions
Supplemental General Conditions . Special Conditions
Addenda No. -L. dated November 4, 2002.
Proposal
Agreement
Notice to Proceed
Technical Specifications
6. The Owner will pay to the Contractor in the manner and at such times as set forth
in the General Conditions such amounts as required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,'
executors, administrators, successors and assigns.
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IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by
their duly authorized officials, this Agreement in Six (6) counterparts, each of which shall
be deemed an original on the date first above written.
OWNER: AUGUSTA, GEORGIA
ATTEST:
BY:
Bob Young (Mayor)
CONTRACTOR: Montgomery KaNE, Inc.
BY:
O~~T~
NAME:
James J. Turner
Vice President
Modernization
(Type or Print)
TITLE:
ADDRESS:
() Nt ~~NE (o~r~
f<\t>\'.M \ 1: L \.0 \ )~S
\
NAME~~
Lena Bonner (Clerk)
ATTEST:
(SEAL)
NAME:
~~~ Jo~,J
(Type or Print)
TITLE: C SA ~ fQ(J ~ oe ( ; C( (,.~ l-
I
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,
Expressly conditioned upon the
attached Rider No.1.
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SECTION PB
PERFORMANCE BOND
BOND NO. 8717432 CONTRACT SAP #6006833
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGES 7-8.
IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That KONE INC. , as Principal, hereinafter called Contractor, and
FIDELITY AND DEPOSIT
COMPANY OF MARYLAND . a corporation organized and existing under the laws of the State
of MARYLAND , with its principal office in the City of BALTIMORE , State of MD
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta, GeorQia, as Obligee,
ONE HUNDRED TwENTY-ONE TH01JSAND, ONE HUNDRED
hereinafter called the Owner, in the penal amount of SEVENTY-SIX & OO/lOCDollars ($1?1 . 17F, _ 00
)
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 01/28/2003 entered into a
contract with Owner for the construction of Munlcioal Buildin9 Elevator Reolacement. Augusta,
Georgia, In accordance with the specifications issued by the Richmond County Public Works and
Engineering Department, which contract is by reference made a part hereof, and is hereinafter
referred to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and
faIthfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the
default, or shall promptly
(1) Complete the CONTRACT In accordance with its terms and conditions, or,
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects,
upon determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, and make available as Work .
progresses (even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completion Jess the balance of the contract price; but not exceeding, including other
costs and damages for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the contract price," as used in this paragraph, '
shall mean the total amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
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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 25
day of AUGUST
,2003.
Witness O!::blIUfiL f14
KONE INC.
(Seal)
(Contractor)
By
O~<\T~
(Seal)
Attest
(Title)
Witness
e/W4
James J. Turner
Vice President
Modernization
FIDELI'IY JlND IDa3rr CU1PPNY CF f'WMAND
(Seal)
(Surety)
(Title)
By ~--t;~,! '.. (Seal)/,
CMOTHY J. ~M1:THf ATTORNEY-IN-FACT _- ,
I
Attest ~O- ~~
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners
should execute Bond.
6
e,
SECTION PB BOND NO. 8717432 CONTRACT SAP #6006833
LABOR AND MATERIAL PAYMENT BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGES
5-6, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE
CONTRACT.)
KNOW ALL MEN BY THESE PRESENTS:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
That KONE INC. , as Principal, herejnafte~ called Contractor, and
a corporation organized and existing under the laws of the State of MD . with its principal office .
in the City of BALTIMORE , State of MD . as Surety, hereinafter called Surety, are
held and firmly bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner, for the use
and benefit of claimants as hereinbelow defined in the amount of Dollars ($121,176.00
) ONE HUNDRED TWENTY-ONE THOUSAND, ONE HUNDRED SEVENTY-SIX & 00/100
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns. jointly and severally, finnly by these presents.
WHEREAS, Contractor has, by written agreement dated 01/28/2003 .entered into a contract
with Owner for the construction of Municipal Building Elevator Reclacement. in accordance with
specifications issued by the Richmond County Department of Public Works and Engineering,
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 th-at, if the Contractor shall promptly
make payment to all claimants as hereinafter defined, for all labor and material used or reasonably
required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise
it shall remain In full force and effect, subject, however, to the following conditions:
(1.) A claimant is defined as one having a direct contract with the Contractor or with a
subcontractor of the Contractor for labor, material, or both, used or reasonably required for
use in the performance of the contract, labor and material being construed as to include
that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the CONTRACT.
(2) The above named Contractor and Surety hereby jointly and severally agree with the Owner
that every claimant as herein defined, who has not been paid In full before the expiration
of a period of ninety (90) days after the date on which the last of such claimant's work or
labor was done or performed, or materials were furnished by such claimant, may sue on
this bond for the use of such claimant, prosecute the suit to final judgement for such sum
or sums as may be justly due claimant, and have execution thereon. The Owner shall not
be liable for the payment of any costs or expenses of any such suit.
(3) No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Contractor, shall'
have given written notice to any two of the following: The COntractor, the Owner, or
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the Surety above named, within ninety (90) days after such claimant did or
performed the last of the work or labor, or furnished the last of the materials for
which said claim is made, stating with substantial accuracy the amount claimed and
the name of the party to whom the materials were furnished, or for whom the work
or labor was done or performed. Such notice shall be served by mailing the same
by registered mail or certified mail, postage prepaid, in an envelope addressed to
the Contractor, Owner or Surety, at any place where an office regularly maintained
for the transaction of business, or served in any manner in which legal process may
be served in the state in which the aforesaid project is located, save that such
service need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Contractor ceased
work on said CONTRACT, it being understood, however, that if any limitation
embodied in this bond is prohibited by any law controlling the construction hereof,
such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is situated,
or in the United States District Court for the district in which the project, or any part
thereof, is situated, and not elsewhere.
(4) The amount of this bond shall be reduced by and to the extent of any payment or payments
made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which
may be filed of record against said improvement, whether or not claim for the amount of
such lien be presented under and against this bond.
Cr~~~~ (Seal)
Vice President
FIDELITY'AN~2ation
COMPANY ~ MARYLAND
, li / ','~
By >.?;;z~/\; /ftMj - --(~~aJY: ",' ", '
~IMOTHY J. SMITH, ATTORNEY-IN~FACT"
f
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners
should execute Bond.
Signed and seared this 25 day of AUGUST
Witness ~~
(Co~irr) 0
Attest ~
(Title)
,2003.
KONE INC.
(Seal)
By
Witness
(Surety)
. (Seal)
"'
Allest~ ~'I~J
(Title)
.'0..
8
'J
CERTIFICATE OF OWNER'S ATTORNEY
I. the undersigned , the authorized and acting legal
representative of Augusta, Georgia. do hereby certify as follows:
I have examined the attached Contract(s) and Surety Bonds, and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements has been duly
executed by the proper parties thereto acting through their duly authorized representatives;
that said representatives have full power and authority to execute said agreements on
behalf of the respective parties named thereon; and that the foregoing agreements
constitute valid and legally binding obligations upon the parties executing the same in
accordance with the terms. conditions and provisions thereof.
James B. Wall, Attorney
Augusta, Georgia
DATE:
9
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NOT~ACKNOWLEDGEMffiNT
STATE OF IOWA
COUNTY OF Scott
On this 25 day of AUGUST , 20 ~ before me, a Notary Public of the State
and County aforesaid, residing therein, duly commissioned and swom, personally came
TIMOTHY J. SMITH , to me known, who being by me duly sworn according to law,
did depose and say that he resides in Iowa: that he is an Attorney-in-Fact of Fidelity and Deposit
Company of Maryland the corporation described in and which executed the foregoing
Instrument: that he knows the seal of said corporation: that it is affixed by order of The Board
of Directors of said Corporation and that he signed his name thereto by like order: that he
executed and delivered such instrument of on behalf of said Corporation as its voluntary act and
deed for the uses and purposes therein mentioned.
tjj MERILEE A. KRAFT
~ Commlsslon Number 17571
. . _Commlsslon Exp1b .
"
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S~~(Ot1vIaryland, by PAUL C.
ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of U~~~~tltH,y Article VI, Section 2,
of the By-Laws of said Companies, which are set forth on the reverse s' ~ 'aR!nere~ed to be in full force
and effect on the date hereof, does hereby nominate, con~tit ~~mh~ U nn , ~Q~FOUST, Rose
KNUTSON, Michael E. LISCHER, James C. ~'ot.l \ROO~e "'. SA VERAID, Timothy J.
SMITH and Ronald L. THEMAS, al 8 rtbttN \\fa t nldfawful agent and Attorney-in-Fact, to
make, execute, seal and de~,~~e.Q~~--ri@~ a its act and deed: any and all bonds and
undertakings and t~~ dPS~ICh ~~~ings in pursuance of these presents, shall be as binding upon said
Companies, as fully\ui'~ '~purposes, as if they had been duly executed and acknowledged by the
regularly elected Offffi~~~~ ny at its office in Baltimore, Md., in their own proper persons. This power of attorney
revokes that issued o~j5eha1f{fJeanne FEARS, Laura A. FOUST. Rose KNUTSON, Michael E. LISCHER, James C.
MATLOCK, Ronnie G. PISTER, Scott A. SA VERAID, Timothy J. SMITH, Ronald L. THEMAS, dated February 14, 2003.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 21st day of February, A.D. 2003.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
..:.
By:
Assistant Secretaf)' Paul C. Rogers
Vice President
~v~
~
T. E. Smith
St~te of M~land }ss:
CIty of BaltImore
bn this 21st day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instmment by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
~~~ft/0U
Sandra Lynn Mooney Notary Public
My Conmlission Expires: January 1,2004
POA-F 076-0011
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees. mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMP ANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company. shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
day of
AUGUST
2003
this 25
Gfd~
Assistant Secretary
SECTION NP
NOTICE TO PROCEED
TO: Montgomery KONE, Inc.
1800 Sandy Plains Parkway, Suite 200
Marietta, GA 30066
DATE:
PROJECT: Municipal Building Elevator Replacement
You are hereby notified to commence work in accordance with the Agreement dated_
,2003, within Ten (10) calendar days following this date,
the date first written above, and you are to complete the work within Two hundred fifty
(250) consecutive calendar days after the date of this notice. The date set for completion
of all work is therefore . 2003.
BY:
Richard M. Acree, Jr., Assistant Director
Augusta Public Works and Engineering Department
Facilities Management Division
. ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged on this _day of
2003.
BY:
TITLE:
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SECTION GC
GENERAL CONDITIONS
Section
GC-01
GC-02
GC-03
GC-04
GC-05
GC-06
GC-07
GC-08
GC-09
GC-10
GC-11
GC-12
GC-13
GC-14
GC-15
GC-16
GC-17
GC-18
GC-19
GC-20
GC-21
GC-22
GC-23
GC-24
GC-25
GC-26
GC-27
GC-28
GC-29
GC-30
GC-31
GC-32
GC-33
G C-34
GC-35
INDEX TO ARTICLES OF GENERAL CONDITIONS
Definitions
Additional Instructions and Detail Drawings
Schedules, Reports and Records
Drawings and Specifications
Shop Drawings
Materials, Services and Facilities
Inspection and Testing
Substitutions
Patents
Surveys, Permits and Regulations
Protection of Work, Property and Persons
Supervision by Contractor
Changes in the Work
Changes in Contract Price
Time for Completion and Liquidated Damages
Correction of Work
Subsurface Conditions
Suspension of Work, Termination and Delay
Payments to Contractor
Acceptance of Final Payment as Release
Insurance
Contract Security
Assignments
Indemnification
Separate Contracts
Subcontracting
Engineer's Authority
Land and Rights-of-Way
Guarantee
Taxes
Work Adjacent to Railway or Other Property
Order and Discipline
Warning Devices and Signs
Special Restrictions
As-Built Drawings
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GC-01. DEFINITIONS:
Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall
be applicable to both the singular and plural thereof.
1.
ADDENDA:
Written or graphic instruments issued prior to the execution of the Agreement which
modify or interpret the Contract Documents, Drawings and Specifications, by
addition, deletion, clarifications or corrections.
2.
BID:
The offer or proposal of the Bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
3.
BIDDER:
Any person, firm or corporation submitting a bid for the work.
4.
BONDS:
Bid, Performance and Payment Bonds and other instruments of security furnished
by the Contractor and his Surety in accordance with the Contract Documents.
5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision
in the work within the general scope of the Contract Documents or authorizing an
adjustment in the contract price or contract time.
6. CONTRACT DOCUMENTS: The contract including Request for Proposals, Advertisement for
Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement,
Performance Bond, Payment Bond, Notice to Proceed, Change Order, General
Conditions, Supplemental General Conditions, Special Conditions, Technical
Specifications, Drawings and Addenda.
7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions
of the Contract Documents.
8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the
completion of the work.
9. LIFE OF THE CONTRACT: The total duration of the Contract from Notice to Proceed to
completion of all the work.
10. CONTRACTOR: The person, firm or corporation with whom the Owner has executed the
Agreement.
11. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the
work to be performed and which have been prepared or approved by the Engineer.
12. ENGINEER: The person, firm or corporation named as such in the Contract Documents. For
purposes of this contract, the Assistant Directo~ of Public Works, Facilities
Management Division or his designated representative shall act as the
Engineer.
13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the
contract price or an extension of the contract time issued by the Engineer to the
Contractor during construction.
14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the
successful Bidder.
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15. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor
authorizing him to proceed with the work and establishing the date of
commencement of the work.
16.
OWNER:
A public or quasi-public body or authority, corporation, association, partnership or
individual for whom the work is to be performed.
17.
PROJECT:
The undertaking to be performed as provided in the Contract Documents.
18. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is
assigned to the project site or any part thereof.
19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data
which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or
Distributor, which illustrate how specific portions of the work shall be fabricated or
installed.
20. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a
technical nature or materials, equipment, construction systems, standards and
workmanship.
21. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor
or any other Subcontractor for the performance of a part of the work at the site.
22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the
project or a specified part can be utilized for the purposes for which it is intended.
23. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General
Conditions of a specific nature generally aimed at the specific contract of which it is
a part.
24. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the
work, including that fabricated to a special design, but who does not perform labor
at the site.
25. WORK: All labor necessary to produce the construction required by the Contract Documents and all
materials and equipment incorporated or to be incorporat9d in the project.
26. WRITTEN NOTICE: Written notice to any party of the Agreement relative to any part of this
Agreement. Said Notice is considered delivered and the service thereof completed,
when posted by certified or registered mail to the said party at his last given address
or delivered in person to said party or his authorized representative on the work.
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GC-02.
ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS:
1. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as
necessary to carry out the work required by the Contract Documents.
2. The additional drawings and instructions thus supplied will become a part of the Contract Documents.
The Contractor shall carry out the work in accordance with the additional detail drawings and
instructions.
GC-03.
SCHEDULES. REPORTS AND RECORDS:
1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules,
payrolls, reports, estimates, records and other data as the Owner may request concerning the work
performed or to be performed.
2. Prior to the first partial payment estimate, the Contractor shall submit schedules showing the order
in which he proposes to cany on the work, including dates at which he will start the various parts of
the work, estimated date of completion of each part and as applicable:
2.1 the dates at which special detail drawings will be required; and
2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing
and the installation of materials, supplies and equipment.
3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the
course of the work.
GC-04.
DRAWINGS AND SPECIFICATIONS;
1. The intent of the Contract Documents is to describe the scope of work for which the Contractor shall
furnish all labor, materials, tools, equipment and transportation necessary for the proper execution.
All work is to be in accordance with the Contract Documents and all incidental work necessary to
complete the project in an acceptable manner, ready for use, occupancy or operation by the Owner
is to be included.
2. In case of conflict between any drawings and specifications, the specifications shall govern. Figure
dimensions on drawings shall govern over general drawings.
3. Any discrepancies, inconsistencies, or ambiguities found between the Contract Documents and site
conditions shall be immediately reported to the Engineer, in writing, who shall promptly correct such
inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such
discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk.
4. All work that may be called for in the specifications and not shown on the drawings, or shown and not
called for in the specifications, shall be executed and furnished by the Contractor as if described in
both these ways. Should any work or material be required which is not detailed in the specifications
or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying
out of the intent thereof, the Contractor is to understand the same to be implied and required and shall
perform all such work and furnish any such material as fully as if they were particularly delineated or
described.
5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to
the nature and location of the work, the conformation of the ground, the character, quality and quantity
of the materials to be encountered, the character of equipment and facilities needed preliminary to
14
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and during the prosecution of the work, the general and local conditions and all other matters which
can in any way affect the work under this contract. No verbal agreement or conversation with any
officer, agent or employee of the Owner, either before or after the execution of this contract, shall
affect or modify any of the terms or obligations herein contained.
GC-05.
SHOP DRAWINGS:
1. The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as
required by the Contract Documents. The Engineer shall promptly review all shop drawings. The
Engineer's approval of any shop drawings shall not release the Contractor from responsibility for
deviations from the Contract Documents. The approval of any shop drawing that deviates
substantially from the requirement of the Contract Documents shall be evidenced by a Change Order.
2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that
he has reviewed, checked and approved the shop drawings and that they are in conformance with
the requirements of the Contract Documents.
3. Portions of the work that require shop drawing or sample submission shall not begin until the shop
drawing or submission has been approved by the Engineer. A copy of each approved shop drawing
and each approved sample shall be kept in good order by the Contractor at the site and shall be
available to the Engineer. .
GC-06.
MATERIALS. SERVICES AND FACILITIES:
1 . It is understood that, except as otherwise specifically stated in the Contract Documents, the
Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, supervision,
temporary construction of any nature and all other services and facilities of any nature necessary to
execute, complete and deliver the work within the specified time.
2. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness
for the work. Stored materials and equipment to be incorporated in the work shall be located so as
to facilitate prompt inspection.
3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used,
cleaned and conditioned as directed by the manufacturer.
4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor
and approved by the Engineer.
5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor
or the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller.
GC-07.
INSPECTION AND TESTING:
1. All materials and equipment used in the construction of the project shall be subject to adequate
inspection and testing in accordance with generally accepted standards.
2. The Contractor shall provide, at his expense, the necessary testing and inspection services required
by the Contract Documents, unless otherwise provided.
3. The Owner shall provide all other inspection and testing services required by the Contract Documents.
15
4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any work to specifically be inspected, tested or approved by someone other
that the Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor
will then furnish the Engineer the required certificates of inspection, testing or approval.
5. Neither observation by the Engineer nor inspections, tests or approvals by persons other than the
Contractor shall relieve the Contractor from his obligations to perform the work in accordance with
the requirements of the Contract Documents.
6. The Engineer and his representatives will at all times have access to the work. In addition, authorized
representatives and agents of any participating Federal or State Agency shall be permitted to inspect
all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and
records. The Contractor will provide proper facilities for such access and observation of the work and
also for any inspection or testing thereof.
7. If any work is covered contrary to the written request of the Engineer, it must, if requested by the
Engineer, be uncovered for his observation and replaced at the Contractor's expense.
8. If any work has been covered which the Engineer has not specifically requested to observe prior to
its being covered or if the Engineer considers it necessary or advisable that covered work be
inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or
otherwise make available for observation, inspection or testing as the Engineer may require, that
portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is
found that such work is defective, the Contractor will bear all the expenses of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such
work is not found to be defective, the Contractor will be allowed an increase in the contract price or
an extension of the contract time, or both, directly attributable to such uncovering, exposure,
observation, inspection, testing and reconstruction and an appropriate change order shall be issued.
9. The Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be
done or materials used without suitable supervision and inspection by the Engineer. The Contractor
shall furnish the Engineer with necessary samples of material for testing purposes.
GC-08.
SUBSTITUTIONS:
1. When a material, article or piece of equipment is identified on the drawings or specifications by
reference to brand name or catalogue number, the performance or other salient requirements and
that other products of equal capacities, quality and function shall be considered. The Contractor may
recommend the substitution of a material, article or piece of equipment of equal substance and
function for those referred to in the Contract Documents by reference to brand name or catalogue
number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal
substance and function to that specified, the Engineer may approve its substitution and use by the
Contractor. Any cost differential shall be deducted from the contract price and the Contract
Documents shall be appropriately modified by change order. The Contractor warrants that if
substitutes are approved, no major changes in the function or general design of the project will result.
Incidental changes or extra component parts required to accommodate the substitute will be made
by the Contractor without a change in the contract price or contract time.
GC-09.
PATENTS:
1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims
for infringement of any patent rights and save the Owner harmless from loss on account thereof
except that the Owner shall be responsible for any such loss when a particular process, design or the
16
.' .
product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe
that the design, process or product specified is an infringement of a patent, he shall be responsible
for such loss unless he promptly gives such information to the Engineer.
GC-10.
SURVEYS. PERMITS AND REGULATIONS:
1. The Owner shall furnish all land surveys and establish all base lines for locating the principal
component parts of the work together with a suitable number of benchmarks adjacent to the work a~
shown in the Contract Documents. From the information provided by the Owner, unless otherwise
specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed
for construction such as slope stakes, batter boards, stakes for pile locations and other working
points, lines, elevations and cut sheets.
2. The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of willful
or careless destruction, he shall be charged with the resulting expense and shall be responsible for
any mistakes that may be caused by their unnecessary loss or disturbance.
3. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the
Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and
regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that
the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and
any necessary changes shall be adjusted as provided in Section GC-13, Changes in the Work.
GC-11.
PROTECTION OF WORK. PROPERTY AND PERSONS:
1. The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the work. He will take all necessary precautions for the safety of and will
provide the necessary protection to prevent damage, injury or loss to all employees on the work and
other persons who may be affected thereby, all the work and all materials or equipment to be
incorporated therein, whether in storage on or off the site or other property at the site or adjacent
thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not
designated for removal, relocation or replacement in the course of construction.
2. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any
public body having jurisdiction. He will erect and maintain, as required by the conditions and progress
of the work, all necessary safeguards for safety and protection. He will notify the owners of adjacent
properties when prosecution of the work may affect them. The Contractor will remedy all damage,
injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, and
subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any
of them are liable, except damage or loss attributable to the fault of the Contract Documents or to the
acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for
whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part,
to the fault or negligence of the Contractor.
3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto,
the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to
prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any
significant changes in the work or deviations from the Contract Documents caused thereby and a
Change Order shall be issued covering the changes and deviations involved.
4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and
accepted, except to damage or injury caused directly by the Owner's agents or employees.
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GC-12.
SUPERVISION BY CONTRACTOR:
1. The Contractor will supervise and direct the work. He will be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The Contractor will employ and
maintain on the work a qualified supervisor or superintendent who shall have been designated in
writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full
authority to act on the behalf of the Contractor and all communications given to the supervisor shall
be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as
required to perform adequate supervision and coordination of the work. .
GC-13.
CHANGES IN THE WORK:
1. The Owner may at any time as the need arises, order changes within the scope of the work without
invalidating the Agreement. If such changes increase or decrease the amount due under the Contract
Documents or in the time required for performance of the work, an equitable adjustment shall be
authorized by Change Order.
2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work.
The Contractor shall proceed with the performance of any changes in the work so ordered by the
Engineer unless the Contractor believes that such field order entitles him to a change in the contract
price or time or both, in which event he shall give the Engineer written notice thereof within ten (10)
days after the receipt of the ordered change pending the receipt of an executed change order or
further instruction from the Owner.
GC-14.
CHANGES IN CONTRACT PRICE:
1 . The contract price may be changed only by a change order. The value of any work covered by a
change order or of any claim for increase or decrease in the contract price shall be determined by one
or more of the following methods in the order of precedence listed below:
1.1
Unit prices previously approved.
1.2
An agreed lump sum.
1.3
The actual cost for labor, direct overhead, materials, supplies, equipment and other services
necessary to complete the work. In addition there shall be added an amount to be agreed
upon but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of
general overhead and profit.
GC-15.
TIME FOR COMPLETION AND LIQUIDATED DAMAGES:
1. The date of beginning and the time for completion of the work are essential conditions of the Contract
Documents and the work embraced shall be commenced on the date specified in the Notice to
Proceed.
2. The Contractor will proceed with the work at such rate of progress to insure full completion within the
contract time. It is expressly understood and agreed, by and between the Contractor and the Owner,
that the contract time for the completion of the work described herein is a reasonable time, taking into
consideration the average climatic and economic conditions and other factors prevailing in the locality
of the work.
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3. If the Contractor shall fail to complete the work within the contract time or extension of time granted
by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages as
specified in the bid for each calendar day that the Contractor shall be in default after the time
stipulated in the Contract Documents.
4. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in
completion of the work is due to the following and the Contractor has promptly given written notice
of such delay to the Owner or Engineer.
4.1
To any preference, priority or allocation order duly issued by the Owner.
4.2
To unforeseeable causes beyond the control and without the fault of negligence of the
Contractor, including but not restricted to, acts of God or of the public enemy, acts of the
Owner, acts of another Contractor in the performance of a contract with the Owner, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and
unforeseeable weather; and
4.3
To any delays of subcontractors occasioned by any of the causes specified in Paragraphs
4.1 and 4.2 of this Article.
GC-16.
CORRECTION OF WORK:
1. The Contractor shall promptly remove from the premises all work rejected by the Engineer for failure
to comply with the Contract Documents, whether incorporated in the construction or not and the
Contractor shall promptly replace and re-execute the work in accordance with the Contract
Documents and without expense to the Owner and shall bear the expense of making good all work
of other Contractors destroyed or damaged by such removal or replacement.
2. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does
not take action to remove such rejected work within ten (10) days after receipt of written notice, the
Owner may remove such work and store the materials at the expense of the Contractor.
3. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall
not be construed to be an acceptance of any defective work or material. The Contractor shall
remove, at his own expense and shall rebuild and replace same without extra charge and in default
thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer
shall not consider the defect of sufficient importance to require the Contractor to rebuild or replace
any imperfect work or material, he shall have the power and is hereby authorized to make an
equitable deduction from the stipulated price.
GC-17.
SUBSURFACE CONDITIONS:
1. The Contractor shall promptly and before such conditions are disturbed, except in the event of an
emergency, notify the Owner by written notice of:
1.1 Subsurface or latent physical conditions at the site differing materially from those indicated
in the Contract Documents.
1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided
for in the Contract Documents.
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2. The Owner shall promptly investigate the conditions and if he finds that such conditions do so
materially differ and cause an increase or decrease in the cost of, or in the time required, for
performance of the work, an equitable adjustment shall be made and the Contract Documents shall
be modified by a Change Order. Any claim of the Contracto"r for adjustment hereunder shall not be
allowed unless he has given the required written notice; provided that the Owner may, if he
determines the facts so justify, consider and adjust any such claims asserted before the date of final
payment.
GC-18.
SUSPENSION OF THE WORK. TERMINATION AND DELAY:
1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period
of not more than ninety days or such further time as agreed upon by the Contractor, by written notice
to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor
will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract
price, an extension of the contract time, or both, directly attributable to any suspension.
2. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit
of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or
if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or
applicable laws or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or
equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials
or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body
having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in the opinion of
the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or if he
otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice
to any other right or remedy and after giving the Contractor and his Surety a minimum often (10) days
from delivery of a written notice, terminate the services of the Contractor and take possession of the
Project and of all materials, equipment, tools, construction equipment and machinery thereon owned
by the Contractor and finish the work by whatever method he may deem expedient. In such case,
the Contractor shall not be entitled to receive any further payment until the work is finished. If the
unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project,
including compensation for additional professional services, such excess shall be paid to the
Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the
Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in
a Change Order.
3. The Contractor must obtain permission from the Engineer before any equipment can be removed from
the job site. In the event such equipment is removed without the Engineer's approval, the job will be
terminated until such time as the equipment is returned to the project and any time and money lost
by the Contractor as a result of moving the equipment shall be absorbed by the Contractor.
4. Where the Contractor's services have been so terminate by the Owner, said termination shall not
affect any right of the Owner against the Contractor then existing or which may thereafter accrue.
Any retention or payment of monies by the Owner due the Contractor will not release the Contractor
from compliance with the Contract Documents.
5. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner,
may, without cause and without prejudice to any other right or remedy, elect to abandon the Project
and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any
expense sustained plus reasonable profit.
6. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety
(90) days by the Owner or under an order of court or other public authority of the Engineer fails to act
on any request for payment within thirty (30) days after it is submitted or the Owner fails to pay the
20
Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and
presentation, then the Contractor may after ten (10) days from delivery of a written notice to the
Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work
executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the
Engineer has failed to act on a request for payment or if the Owner has failed to make any payment
as aforesaid, the Contractor may, upon ten (10) days notice to the Owner and the Engineer, stop the
work until he has been paid all amounts then due, in which event and upon resumption of the work,
Change Orders shall be issued for adjusting the contract price or extending the contract time or both
to compensate for the costs and delays attributable to the stoppage of the work.
7. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result
of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents,
or if no time is specified, within reasonable time, an adjustment in the contract price or an extension
of the contract time or both, shall be made by Change Orde~ to compensate the Contractor for the
costs and delays necessarily caused by the failure of the Owner or the Engineer.
GC-19.
PAYMENTS TO THE CONTRACTOR:
1. Between the first (1st) and the fifth (5th) of each month, the Contractor will submit to the Engineer a
partial payment estimate filled out and signed by the Contractor on an approved form covering the
work performed during the period covered by the partial payment estimate and supported by such
data as the Engineer may reasonably require. If payment is requested on the basis of materials and
equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial
payment estimate shall also be accompanied by such supporting data, satisfactory to the Owner, as
will establish the Owner's title to the material and equipment and protect his interest therein, including
applicable insurance. The Engineer will, within ten days after receipt of each partial payment estimate,
either indicate in writing his approval of payment and present the partial payment estimate to the
Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for
refusing to approve payment. In the latter case, the Contractor may make the necessary corrections
and resubmit the partial payment estimate. The Owner will, within ten days of presentation to him of
an approved partial payment estimate, pay the Contractor a progress payment on the basis of the
approved partial payment estimate. The Owner shall retain ten (10%) percent of the amount of each
payment until final completion and acceptance of all work covered by the Contract Documents. The
Owner at any time, however, after fifty (50%) percent of the work has been completed, if he finds that
satisfactory progress is being made, shall reduce the retained percentage to five (5%) percent on the
current and remaining estimates. On completion and acceptance of a part of the work on which the
price is stated separately in the Contract Documents, payment may be made in full, including retained
percentages, less authorized deductions.
2. The request for payment may also include an allowance for the cost of such major materials and
equipment which are suitably stored and insured either at or near the site.
3. All work covered by partial payment shall thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Contractor of the sole responsibility for the care and
protection of the work, material and equipment upon which payments have been made or the
restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of
all terms of the Contract Documents.
4. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the
final payment request that the work has been accepted by him under the conditions of the Contract
Documents. The entire balance found to be due the Contractor, including the retained percentages
shall be paid to the Contractor, except such sums as may be lawfully retained by the Owner for saving
the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of
Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
21
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thereof, equipment, tools and supplies, incurred in the furtherance of the performance of the work.
The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the
nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the
Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the
Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all
such lawful claims until satisfactory evidence is furnished that allliabmties have been fully discharged
whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract
Documents, but in no event shall the provisions of this sentence be construed to impose any
obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any
unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment
made under the Contract Documents by the Owner to the Contractor and the Owner shall not be
liable to the Contractor for any such payments made in good faith.
5. If the Owner fails to make payment 30 days after approval by the Engineer, in addition to other
remedies available to the Contractor, there shall be added to each such payment, interest at the
maximum legal rate commencing on the first day after said payment is due and continuing until the
payment is received by the Contractor.
GC-20.
ACCEPTANCE OF FINAL PAYMENT AS RELEASE:
1 . The acceptance by the Contractor of final payment shall be and shall operate as a release to the
Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be
specifically excepted by the Contractor for all things done or fumished in connection with this work
and for every act and neglect of the Owner and other relating to or arising out of this work. Any
payment, however, final or otherwise, shall not release the Contractor or his Sureties from any
obligations under the Contract Documents or the Performance Bond and Payment Bonds.
GC-21.
INSURANCE:
1 . The Contractor shall purchase and maintain during the life of this Contract such insurance as will
protect him from claims set forth below which may arise out of or result from the Contractor's
execution of the work, whether such execution by himself or by any Subcontractor or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.
1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit
acts,
1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of
his employees.
1.3 Claims for damages because of bodily injury, sickness or disease or death of any person
other than his employees,
1.4 Claims for damages insured by usual personal injury liability coverage which are sustained
(1) by any person as a result of an offense directly or indirectly related to the employment of
such person by the Contractor or (2) by any other person; and
1.5 Claims for damages because of injury to or destruction of tangible property, including loss
of use resulting therefrom.
2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to
commencement of the work. These Certificates shall contain a provision that coverage afforded
under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been
given to the Owner.
22
"
3. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability
insurance as hereinafter specified.
3.1 Contractor's General Public liability and Property Damage insurance including vehicle
coverage issued to the Contractor and protecting him from all claims for personal injury,
including death, and all claims for destruction of or damage to property, arising out of or in
connection with any operations under the Contract Documents, whether such operations be
by himself or by any Subcontractor under him or anyone directly or indirectly employed by
the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of
liability of not less than $200,000 for all damages arising out of bodily injury, including death,
at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit
of liability of not less than $500,000 for any such damages sustained by two or more persons
in anyone accident. Insurance shall be written with a limit of liability of not less than
$100,000 for all property damage sustained by anyone person in anyone accident; and a
limit of liability of not less than $200,000 for any such damage sustained by two or more
persons in anyone accident.
3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage
insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the
Contractor and Subcontractor as their interest may appear. This provision shall in no way
release the Contractor or Contractor's Surety from obligations under the Contract Documents
to fully complete the Project.
4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in
accordance with the provisions of the laws of the state in which the work is performed, Workman's
Compensation Insurance, including occupational disease provisions, for all of his employees at the
site of the project and in case any work is sublet, the Contractor shall require such Subcontractor
similarly to provide Workman's Compensation Insurance, including occupational disease provision
for all of the latter's employees unless such employees are covered by the protection afforded by the
Contractor. In case any class of employees engaged in hazardous work under this Contract at the
site of the Project is not protected under Workman's Compensation statute, the Contractor shall
provide and shall cause each Subcontractor to provide adequate and suitable insurance for the
protection of his employees not otherwise protected.
5. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be
performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be
less than One Million Dollars ($1,000,000.00). The policy shall cover not less than the losses due to
fire, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke
during the contract time and until the work is accepted by the Owner. The policy shall name as the
insured the Contractor, the Engineer and the Owner.
GC-22.
CONTRACT SECURITY:
1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner
with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract
price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms,
conditions and agreements of the Contract Documents and upon the prompt payment by the
Contractor to all persons supplying labor and materials in the prosecution of the work provided by the
Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding
company licensed to transact business in the state in which the work is to be performed and named
on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury
Department Circular Number 570. The expense of these bonds shall be borne by the Contractor.
If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in ,
the state in which the work is to be performed or is removed from the list of Surety Companies
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accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do
so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety
or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the
Contractor. No further payments shall be deemed due nor shall be made until the new Surety or
Sureties shall have furnished an acceptable bond to the Owner.
GC-23.
ASSIGNMENTS:
1. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract
or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written
consent of the other party.
GC-24.
INDEMNIFICATION:
1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and
employees from and against all claims, damages, losses and expenses including attorney's fees
arising out of or resulting from the performance of the work, provided that any such claim, damage,
loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part
by any negligent or willful act or omission of the Contractor and Subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an
employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them,
or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits payable
by or for the Contractor or any Subcontractor under Workman's Compensation acts, disability benefit
acts or other employee benefits acts.
3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer,
his agents or employees arising out of the preparation or approval of maps, drawings, opinions,
reports, surveys, change orders, design or specifications.
GC-25.
SEPARATE CONTRACTS:
1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor
shall afford other contractors reasonable opportunity for the introduction and storage of their materials
and the execution of their work and shall properly connect and coordinate his work with theirs. If the
proper execution or results of any part of the Contractor's work depends upon the work of any other
Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work
that render it unsuitable for such proper execution and results.
2. The Owner may perform additional work related to the Project by himself or he may let other contracts
containing provisions similar to these. The Contractor will afford the other Contractors who are parties
to such contracts (or the Owner, if he is performing the additional work himself), reasonable
opportunity for the introduction and storage of materials and equipment and the execution of the work
and shall properly connect and coordinate his work with theirs.
3. If the performance of additional work by other Contractors or the Owner is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
Contractor prior to starting any such additional work. If the Contractor believes that the performance
of such additional work by the Owner or others involves him in additional expense or entitles him to
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an extension of the contract time, he may make a claim therefor as provided in Sections GC-13 and
GC-14.
GC-26.
SUBCONTRACTING:
1. The Contractor may utilize the services of specialty Subcontractors on those parts of the work which,
under normal contracting practices, are performed by specialty Subcontractors.
2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the
Contract Price, without prior written approval of the Owner.
3. The Contractor shall be fully responsible to the Owner for the acts and omiSSions of his
Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts
and omissions of person directly employed by him.
4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as
applicable to the work of Subcontractors and to give the Contractor the same power as regards
terminating any subcontract that the Owner may exercise over the Contractor under any provision
of the Contract Documents.
5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor
and the Owner.
GC-27.
ENGINEER'S AUTHORITY:
1. The Engineer shall act as the Owner's representative during the construction period. He shall decide
questions which may arise as to quality and acceptability of materials furnished and work performed.
He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer
will make visits to the site and determine if the work is proceeding in accordance with the Contract
Documents.
2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of
materials, workmanship and execution of the work. Inspections may be made at the factory or
fabrication plant or the source of material supply.
3. The Engineer will not be responsible for the construction means, controls, techniques, sequences,
procedures, or construction safety.
4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents.
GC-28.
LAND AND RIGHTS-OF-WAY:
1. The Owner shall provide the Contractor information which delineates and decribes the land owned
and right-of-way acquired.
2. The Contractor shall provide at his own expense and without liability to the Owner any additional land
or building and access thereto that the Contractor may desire for temporary construction facilities, or
for storage of materials.
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GC-29.
GUARANTEE:
1. The contractor shall provide a warranty on all work, materials and equipment incorporated into this
project. The warranty period shall not be less than one (1) year from the date of completion and shall
cover parts and labor.
GC-30.
TAXES:
1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the
place where the work is performed.
GC-31.
WORK ADJACENT TO RAILWAY OR OTHER PROPERTY:
1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner
or of other railways, persons, or property, the work shall be so conducted as not to interfere with the
movement of trains or other operations of the railway, or, if in any case such interference be
necessary, the Contractor shall not proceed until he has first obtained specific authority and directions
therefor from the proper designated officer of the Owner and has the approval of the Engineer.
GC-32.
ORDER AND DISCIPLINE:
1. The Contractor shall at all times enforce strict discipline and good order among his employees and
any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in
any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged
immediately on the request of the Engineer and he shall not again be employed on the workout with
the Engineer's written consent.
GC-33.
WARNING DEVICES AND SIGNS:
1 . The Contractor shall furnish, erect, paint and maintain appropriate warning devices in and around the
construction area.
GC-34. SPECIAL RESTRICTIONS:
1. Construction activities shall occur at time that will minimize disruption to ongoing operations within
the building. Any activities that have to occur outside the normal hours of operation must be
coordinated through the Richmond County Marshal's Office. .
GC-35.
AS-BUILT DRAWINGS:
1. The contractor shall maintain a set of as-built Drawings in the construction trailer or office, as
applicable. All deviations or important measurements shall be recorded on the as-builts daily.
Measurements should be made form visible surface objects such as manholes, fire hydrants, valves,
property corners, fence corners, etc. Measurements shall locate underground and surface objects
by two measurements as stated above. These measurements should be to the nearest tenth of a foot.
Three sets will be provided at the contractor's expense, one set must be the originals drawn in red
ink while the remainder may be copies. Each shall be clearly marked on the first sheet in one inch
high letters "As-Built Drawings".
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"
SECTION SGC-O
INDEX TO SUPPLEMENTAL GENERAL CONDITIONS
SECTION
TITLE
SGC-01.
Contractor's Breakdown of Lump Sum Payment Items
SGC-04.
Prior Use By Owner
SGC-05.
Cleaning Up
SGC-06.
Maintenance of Traffic
SGC-07.
Maintenance of Access
SGC-08.
Erosion Control and Restoration of Property
SGC-09.
Bypassing Sewage
SGC-10.
Safety and Health Regulations
SGC-11.
Pre-Construction Conference
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i'
SECTION SGC-O
SUPPLEMENTAL GENERAL CONDITIONS
SGC-01.
CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his
approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment,
material and labor comprising the total work included under any of the lump sum items shown in the proposaL
These estimates as approved will serve as the basis for estimating of payments due on all progress estimates.
SGC-02.
PRIOR USE BY OWNER:
Prior to completion of the work, the Owner may take over the operation and/or use of the incomplete project
or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as acceptance of any
work or relieve the Contractor from any of the requirements of the Contract Documents.
SGC-03.
CLEAN-UP:
The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon
completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from
the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition,
satisfactory to the Engineer. Periodic cleaning will be scheduled by a representative of the owner.
SGC-04.
MAINTENANCE OF TRAFFIC:
In any work within the public right-of-way, the Contractor shall provide adequate warning and protection for
pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held
responsible for any damage caused by negligence on his part or by the. improper placing of or failure to display
danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all
times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or
without written permission from such agency. Before leaving the work each night, it shall be placed in such
condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the
provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or
passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. Detours
and traffic controls are to be reviewed by Traffic Engineering before implementation.
SGC-05.
MAINTENANCE OF ACCESS:
The Contractor will be required to maintain access to the establishment during all times it is normally open for
business. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian
access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized
that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The
Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is
blocked.
SGC-06.
EROSION CONTROL AND RESTORATION OF PROPERTY:
The Contractor will be required to schedule his work and perform operations in such a manner that siltation
and bank erosion will be minimized during all phases of construction. This work should included protective
measures in places before land disturbing activities begin in accordance with Federal, State and Local
Ordinances covering soil erosion and siltation prevention. Any areas disturbed during the course of
construction shall be restored to a condition equal or better than the original condition.
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SGC-07.
SAFETY AND HEALTH REGULATIONS:
The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction
promulgated under the Occupational, Health and Safety Act of 1970 (PL31-596) and under Section 107 of the
Contract Work Hours and Safety Standards Act (PL91-54).
SGC-QS.
PRE-CONSTRUCTION CONFERENCE:
A pre-construction conference may be held at an acceptable time to the Owner and the Contractor prior to
the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents.
SGC-Q9.
SETTLEMENT OF DISPUTES:
Any disputes arising out of this contract shall be adjudicated in the Superior Court of Richmond County
Georgia.
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SPECIAL CONDITIONS
SC-01.
LICENSE:
The successful bidder shall have a current Business license during the term of this contract. The license shalt
be purchased form the Business License and Enforcement Department.
SC-02.
COORDINATION OF WORK:
The Contractor shalt coordinate his work with the Municipal Building Operations Manager. All construction
shall be in accordance with the specifications.
SC-03.
OPERATION AND STORAGE AREAS:
All operations of the Contractor (including storage of material) shall be confined to areas authorized and
approved by the Engineer.
SC-04.
PRESERVATION OF EXISTING VEGETATION:
The Contractor wilt preserve and protect existing vegetation such as trees, shrubs and grass on or adjacent
to the site which do not unreasonably interfere with the construction as may be determined by the Engineer.
sc-os.
CLEAN-UP:
The Contractor shall keep the premises free from the accumulation of waste material and rubbish. Upon
completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from
the premises alt rubbish and surplus materials to the satisfaction of the Engineer.
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RIDER NO.1
The parties hereby agree to be bound to the terms contained in the Agreement between KONE Inc, and
August Georgia (the "Agreement"), together with those temlS contained in this Rider. Provided, however,
that notwithstanding any terms contained in the Agreement to the contrary, in the event of conflict between
temlS contained in the Agreement and terms contained in this Rider No.1, the terms in this Rider shall
supersede and prevail.
1. The correct name of the contractor is KONE Inc.
2. Article 3: In the second line insert the word "written" before the word "Notice."
4. General Conditions:
A. Article GC-II(2): In line five delete the words "directly.. ..in part, by" and replace with "by the
negligence of."
B. Article GC-I5(3): Delete in its entirety.
C. Article GC-19(4): In line 10 insert the words "in writing" after the word "Contractor."
D. Article GC-2I(5): Delete the last sentence in its entirety.
E. Article GC-24(l): In line three insert the word "negligent" before the word "perfomlance" and
in line five delete the words "in whole or in part."
5. Supplemental General Conditions, Article SGC-02: Add the following language as
clarification: "Equipment installed by this Subcontractor may be used by Contractor only
after execution of Subcontractor's Temporary Acceptance Form."
6. Include KONE's bid letter as a referenced contract document.
7. Neither party shall be liable to the other for incidental or consequential damages.
ACCEPTED:
AUGUSTA, GEORGIA
KONE INC.
O~~T~
BY:
BY:
TITLE:
VICE PRESIDENT
DATE: August 18, 2003
DATE:
KONE CONTRACT # 6006833
Q.S.F. 3.11.1.1
Rev 3 (11/01)