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HomeMy WebLinkAboutLibrary Roof Replacement Augusta Richmond GA . DOCUMENT NAME L\'o'(o'\"~ I(~ Yep\cc~t- DOCUMENT TYPE: YEAR: q l BOX NUMBER: O~ FILE NUMBER: \ Q;> \l\ NUMBER OF PAGES: 19X- r- I I I o I I I I I I I '1 I I I I I I ~Jt J3Jltf f-&-/ ,4 t:)e./q. ~as LIBRARY ROOF REPLACEMENT SPECIFICA TIONS FOR MAIN BRANCH FRIEDMAN BRANCH WALLACE BRANCH PROJECT REFERENCE: 84-058(97) PREP ARED BY: .A.UGUSTA-RICHMOND COUNTY . Ef\IGINEERING DEPl\RT~~~ENT - ROOM 701. MUi'iiCI?AL BlJl::.D!NG, 530 GREENE Sl'REET, AUGUSTA, GA 30911 PHONE: (706) 82'1-1706 FAX:. (706) 821-1838 MAY, 1997 , .) . - .~ ,.. I i I I ! i , I ! I \ , \ ; , I I i i ,.;,..\t .'-7l~t,.i!' ~.t-"" i -~,~'~~~.~:':~~..( ! '''',.:', ,;-rl - ,.,-" ",.:'\1 I' ~ --i.,_. ~'-''''-6-~ ~ - ---- I e ~ -! ~ e I ~t: I ~ fr Z. ' f'--~~ I 9 eo-. ~ \. f'-- 0 OJ:) C\ 0 = :;t: ~ 'C i ~ t ~ Q I - ~ = Q I ...... -.-. i' "0 J:j OJ:) If) ,_._ = M I ~ ~ ~ ~ ! !: .. ..-AJ....."",I..n,J"'..J, 'TT''';' FOR .p-.:, "'_ LIBRARY ROOF RE'PLACEMENT MAIN BRANCH, FRIEDMAN BRANCH & WALLACE BRANCH 1. Delete existing Bid Schedule in its entirety an substitute the following: BID SCHEDl.TLE ITEM DESCRIPTION QUANTITY PNIT PRICE TOTAL Main Branch , 1. Replace existing roofing High Level 154' x 123' Low Level 74"- 6" x 33'- 6" 1 Lump Sum $ 85,950.00 I TOTAL $ 134,800.00 NOTE: The Lump Sum Bid on : each' roof shall include any charge for the manufacturer's. Bond. . EXT~A): 'rEr1.$.. ------ .-- ~ l. Remove and replace existing sheeting - per sq. foot. $ 1.50 S.F. . 1 . . ," Insert the following in Section TS'-l, Page TS-3, TS-13' Payment, " 7.5 Resealing of the three existing round skylights shall be included in the Lump Sum Price shown in the Bid Schedule." Insert Appendix A, Supplemental General Conditions as follows: SUPPLEMENTAL GENERAL CONDITIONS APPENDIX A SCG~Ol. The following sections of Supplemental General Conditions shall be deleted from the contract documents: SGC-Ol. Right-of-Way SGC~06. Maintenance of Traffic -, SGC-08. Erosfon Control and Restoration of Property SGC-09. By Passing Sewage ..~.~ .-. -' ." ADDENDUM #2 fOR LIBRARY ROOF REPLACEMENT MAIN BRANCH, FRIEDMAN BRANCH & WALLACE BRANCH ROOFING - SHINGLE Delete TS-06 Materials, 6.1," 12" x 36" Three Tab Style" and insert "Architectural. Style, GAF or Equal." Delete TS-06 Materials, 6.1, "Install Schuller four ply Gravel Surface Roof or Equal". Revise Addendum #1 to read" High Level 45 Ft. x 25 Ft."; Delete 154' x 123' /' ROOFING - BUILT UP Delete the following in Section TS-l, Page TS-3, TS-13 Payment, "7.5 Resealing of the three existing round skylights shall be included in the Lump Sum Price shown in the Bid Schedule," As it appears in Addendum #1. Insert in its place "Replacement of the skylights and frames are to be included in the Lump Sum Price." PUBLIC WORKS AND ENGINEERIN.G ROOM 701 530 GREENE STREET AUGUSTA, GEORGIA 30911 (706) 821-1706 FAX (706) 821-1838 August 28, 1997 Mr. Robert D. Stevens Southern Roofing and-Insulating Company, Inc. POBox 89 Augusta, Georgia 30903 RE: Roof Replacement for the Main, Wallace and Friedman Branch Libraries Project Reference: 84-058 (97) Dear Mr. Stevens: Please accept this letter as your "Notice to Proceed" on the above referenced project. Construction should be complete on or before December 25, 1997 ,( 120 calendar days). We are transmitting. two (2) executed contracts for you and your Surety's use. Sincerely, ::Ad 4 P. Frank Purnell Design Engineer Enclosures (2) cc: Mr. A.B. McKie, Comptroller Ms. Geri Sams, Purchasing Director, with Documents Ms. Donna Williams, Accounting Ms. Lena Bonner, Clerk of Commission, with Documents Mr. Greg Woodlief,. Finance PFP/psm I I I Sect10n ADV I IFB -I P BB I NA A I PB LMPB 0 COA NP I GC SGC ;U SC 'I TS-l I TS-2 TS-3 I ;1 I I I . I I INDEX TO SPECIFICATIONS Title Paqe Advertisement for Bids 1-2 Information For Bidders 1-3 Proposal 1-2 Bid Bond 1-2 Notice of Award 1-1 Agreement 1-2 Performance Bond 1-2 Labor & Material Payment Bond 1-3 Certificate of Owner's Attorney 1-1 Notice to Proceed 1-1 General Conditions .1-23 Supplemental General Conditions 1-3 Special Conditions 1-4 TECHNICAL SPECIFICATIONS: Section One - Roofing Built-up 1-3 Section Two - Roofing Shingle 1-4 Section Three - Shingle & Roofing 1 Removal I I I I ADVERTISEMENT FOR BIDS . II SEALED BIDS for the reroofinq of three Auqusta-Richmond County Libraries at Augusta, Georgia, including all materials, tools, machinery, etc.together with appurtenances, hereinafter referred to by project name as BID ITEM # -97-071 Roof Replacement for the Main, Wallace and Friedman Branches of the Augusta-Richmond County Libraries will be received by AUGUSTA-RICHMOND COMMISSION at the Purchasing Department, Room 605 Municipal Bldg./530 Greene Street, Augusta, GA 30911 until then in referred to as the OWNER, at the office of the Purchasing Director, Room 605, Municipal Building until 11:00 a.m. on Thursday the 12 day of June, 1997, at which time all bids will be publicly opened and read in the presence of those interested. All work shall be in accordance with the contract documents of the Augusta-Richmond County Engineer and Commissioner of Public Works, hereinafter referred to as the Engineer. Copies of the Contract Documents may be examined during regular business hours at the Engineering Office, 7th Floor, Municipal Building, Augusta, Georgia; at the following locations: The F. W. Dodge Division Plan Room Augusta, Georgia :. I ':1 I I ':- .~~ Iii = The Augusta Builders Exchange Augusta, Georgia Copies of the Contact Documents for bidding purposes may be obtained at the office of the Purchasing Director upon payment of Twenty-Five Dollars ($25.00) for each set. (Non-refundable) Bids shall be addressed to Augusta-Richmond County Commission, c/o Purchasing Director, Municipal Building, Augusta,Georgia 30911, marking the envelope "Bid for Roof Replacement for the Main, Wallace and Friedman Branches of the Auqusta-Richmond County Libraries. Bids shall be completed and submitted as described in the Information for Bidders section of the Contract Documents. - .. .Ii I I ,- I . A Bid Guarantee, Performance Bond, and a Labor and Material Payment Bond will be required. No bid m~y be withdrawn for a period of Sixty (60) days after the date and time set for t~e receipt of bids. All bidders will be required to attend a Pre-Bid Inspection which will be held at the Engineer Office, Room 701 530 Greene Street to be escorted to the site, at 3:00 P.M. on June 11, 1997 .(Attendance is not Mandatory) The Owner reserves the right to waive any informalities in bidding and to reject any or all bids. .. - '. '1 - I I I ADV-1 I I I I I U I Geri A. Sams, Purchasing Director Augusta-Richmond County Consolidated Government Date: Advertised in Augusta Chronicle, Mav 29, June 3, June 6, 1997 Augusta Focus, June 5,1997 Metro Courier, June 4,1997 .. I - Ii - .. Ii III . .. . II I ::1 i I I I I ADV-2 I I I I I g I I .1 I I '1 I ,.1 '~I I INFORMATION FOR BIDDERS Bids will be received by Augusta-Richmond County Commission-Council, Georgia, (hereinafter called the "Owner"), at the office of the Purchasing Director until 11:00 a.m. June 19, 1997 , and then at said office publicly opened and read aloud. Each bid must .be submitted in a sealed envelope, addressed to Mayor and Augusta~Richmond County Commission-Council at City-County Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as bid for Roof Replacement for the Main, Wallace and Friedman Branches of the Auqusta-Richmond County Libraries and the envelope should bear on the outside the name of the bidder, his address and his license number, if applicable. If forwarded by mail,. the sealed envelope containing the bid must be enclosed in another envelope addressed the Mayor and Augusta-Richmond County Commission, c/o Purchasing Director, City-County Municipal Building, Augusta, Georgia 30911. All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid wi thin sixty (60) days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. After bids have been.submitted, the bidder shall not assert that .there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. .. . The Contract Documents contain provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Eac~ bid must be accompanied by a bid bond payable to the Owner for ten percent of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been I I IFB-l I I .1 m I I I I I :1 A performance bond and a payment bond, each in the amount of 100 percent of the. contract price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement, the Owner may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner. The Owner wi thin ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period~ the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. .. :1 The notice to proceed shall be issued within ten days of the execution of the Agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued wi thin such period, the time may.be extended by mutual agreement between the Owner and the Contractor. If the notice to proceed has not been issued wi thin the ten day period or wi thin the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. ' I I .1 'I I The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that. such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein. A conditional or qualified bid will not be accepted. Award will be made as a whole to one bidder. :i I I All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. IFB-2 I I I 'I I 'I I "_ I :1 ,I I .1 I I I The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the Owner. The engineer is the Augusta-Richmond Engineer. . I I I IFB-3 I I I I :u .0 I I I I I .1 ,I II :1 I I I I PROPOSAL FOR Roof Replacement for the Main, Wallace and Friedman Branches of the Augusta-Richmond County Libraries Augusta-Richmond County Commission-Council Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He understands that information relative to existing structures and underground utilities as furnished to him on the drawings, Contract Documents or by the Engineer, carries no guarantee expressed or implied as to its completeness or accuracy and he has made due allowances therefor; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted, he will contract with Augusta-Richmond County Commission-Council, Georgia, to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish all materials called for in accordance with requirements of the Engineer and the true intent of the Contract Documents and that he will take in full payment lump sum. NOTE: Bidders must bid on the item. The Contract covering. the construction of all work described above will be completed within 120 calendar days from the date specified in the "Notice to Proceed" of the Augusta- Richmond County Engineer for: Dollars ($ '_> subject to reductions, additions and deletions provided herein on the basis of measured quantities of ~ompleted work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $500.00 for each consecutive calendar day thereafter as hereinafter provided in Section 15 of the General Conditions. It is understood that the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: P-l I I I I I I I I I Addendum Date The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner with satisfactory performance and payment bonds in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or a Certified Check in the amount of Dollars ($ ) being not less than ten (10%) percent of the total base bid sum. Should the bidder fail to execute the Contr'act and furnish the Performance and Payment Bonds in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. I f the security is a Certified Check, it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. . I The undersigned by submittal of this proposal; agrees that the above stated amount is proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. The successful bidder shall have a current Business I I I I I I I I I License. The Owner is an Equal Opportunity Employer. Name of Bidder Signature & Title of Authorized Representative Business Address City and State Date: P-2 - I I I 'I .1 I I '1 I '1 I I I I I BID SCHEDULE EXTRA ITEMS 1. Remove and replace existing sheathing - per sq. foot. $ S.F. NOTE: The Lump Sum Bid on each roof shall include any charge for the manufacturer's Bond. I . I I I I I I I I I U I :1 'II - SECTION BB BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto Augusta- Richmond County Commission-Council, Georgia, as Owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. ' Signed, this day of , 1997. The condition of the above obligation is such that whereas the Principal has submitted to Augusta-Richmond County Commission-Council, Georgia a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the construction of Roof Replacement for the Main, Wallace and Friedman Branches of the Auqusta-Richmond County Libraries. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the: alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all. other respects perform the agreement created by the acceptance of said Bid, 1\ -. III then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF , the Principal and the Surety have hereunto set these hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. .. I I . - -. - '1-' .. i I I BB-l I I I I I I I I I I :1 'I I .:1 'I I I I I SECTION A AGREEMENT THIS AGREEMENT i made this ~ day of (lu~l.)c.;r , 1997, by and between the Augusta-Richmond County Commission-Council as Successors by Consolidation to the City Council of Augusta, ~(l.....J. ~A.JC:j I'DJO J,.j~"TI.:)..J (A. l>.Jc. hereinafter called "Owner" and doing business as a corporation hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor will commence and complete construction of 2. Roof Replacement for Main, Wallace and Friedman Branches for the Auqusta-Richmond County Libraries. 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 (lQ) calendar days after the date of the Notice to Proceed and will complete same within 120 calendar days unless the period of completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all the W9rk described in the Contract Documents for the sum of $ /54-; BoD .DC 5. The term "Contract Documents" means following: Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance/Payment Bond Certificate of, Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General Conditions Special Conditions Technical Specifications Drawings ' Addenda: No. ___, dated No. ___, dated No. ___, dated and includes the , 19_ , 19 , 19_ A-1 I I I I I I I ,I '1 ;1 .; ,-'I :.1 I I :,.' "I I I I _I 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. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in 6 (number of copies) each of which shall be deemed an original on the date first above written. ?' 1 . $.( /; OWNER: STA-RICHMOND COUNTY COMMISSION-COUNCIL '\,., "" ..~ " ~ ~"i ~ ".... ~ ..' ')$EAIJ)' :::. '",: _""l.... .:. .,/; 'w-.. ~""'-- . ",,~~~""'I;.;:.... .... . ".'-~ . \ ~.. . ,.~. ~ ~ .~TIu..,~~:t~ro~e~~~';;:-' ' . , ,'I' 7 - ,~o BY: TITLE: TITLE: CONTRACTOR: -~ '\~~: . r S 6" VI W t:.fuu RO(;>f-\ I\J G..;;- \ ~ ULAluU ~ Cr-. '\'l)~ -- ~ ~ -, ^-' "" " rr' /' /". /" ~..... /' __ _ . r{ /" ... '-.. ,-- BY: (5""'0 ~.. t, )~~~A '67"-,,, ATTEST: T A f""\EL.... ~ WE.Lke, 'f ~€.7 (Type or Print) ( SEAL) ......_ . . -...--... - ,......,., ......... .-::p , -.,.-~ -........ ...... r........ ,," /r-"Qo.- _-"\' NAME: ADDRESS: NAME: "'lS\\ 'S\~ C?:.,(z'8"ET ~uGus\(.\- C ~ "SD'to I (Type or Print) . "R~~' O'E.lll)\ TITLE: A-2 ."~ ....... <~~~ Bono #3-405-456 .' ~I Section PB PERFORMANCE BOND NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY 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: Southern Roofing & Insulating Co., Inc. That . , as Principal, hereinafter called Contractor, and West Ameri can Ins. Co. a corporation organized and existing under the laws of the State of Ohio , with its principal office in the City of Atlanta, State of, Georgia , as Surety, hereinafter called Surety, are held and firmly bound unto ~ugusta-Richmond County Commission-Council, Georgia, as Obligee, hereinafter called the Owner, in the penal amount Of~.' . "b:Q oJJ.~sn ($134,800 00 for the payment whereof contract'6't1~Wd~~lfret17''' BIfl/h:1ret:hemsel ves, 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" AIJgIIst 1 II, 1997 entered into a contract with CMner for the construction of.Roof Replacement for the Main, Wallace and Friedman Branches of the Auqusta-Richmond County Libraries, Augusta, Georgia, in accordance with the drawings and specifications issued by Engineerinq 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 PB-l .' .-.. '. ~. _~'#-7 paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation.other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this A.D. 1997. Pth day of Auqust '.....{.\_ r. ~ ~'-:-'-"f- r;, r""...: - '"' /' /". '" :: ~--,."~- ~ '"""- ~ ': ~.... ~ Witness ~"'''. L Lu~01!, -E?&U' PR-R':>,' e t~o-ul:.e~. ~"t' ~f!LJ ~~ Bv ~~ 13. .~~ . James Wells, ~eside~outhern Roofing & ~~~) West American Insurance Co. , (~S e a l,f-- =-: :3 (Contr~tor.)~___ /' ,~ "~,,, 'I' ~""_,~-. .:::- ~ /r .,,:' ( se~i)~~~. - -" (Title) Insulating C~,~^A '-I.. v y VVj ,..r ,:-. ;-J . j '~~'''''fl, ' I ::-'" ,-:C' J'~ 'I' " , ~ {f-t", _ -_ ,/?>.,...~_rl.'\,./,;V/~, ' (..l. ,......~ i~.).- -. .~~ ~:' --- ~' .-jY:$"r jr ..~ '- ~~_..~\. ~ > ,~._' ~..).r - .~~. '''> 5 : S .~ :;" ':,"~'-t;; ,; ~: ':- ,~; '> ~~-h '...' ,!.,?~, "- /' .4 ~ ~ ~_\ ,~~-). .... " , ~ I '",:!~ ': ' ' f>,~' \ 1 '-I iI,- , . A'" , -r - i2li," '-'t/";\..,,r_,J'~-)':; -=-' , _, ""~ -- 'n..'-' . \ : -1 .'c '-"~'..>Jljl... r ,:. , /\ ,. . ;..:",1 Contract. 'i:L/J'" should execute A ,7 e s";- Wi l..~s w "+N~ >5 Alt.<:'3t Attest Bv M-u \..\.. g~ Morris H. Moss, Attorney-In-Fact Note: Date of Bond mus't be prior to date of Contractor is Partnership, all partners Bond. PB-2 ~-='-: <..c- BOND #3-405-456 SECTION PB LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-l, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: That Southern Roofing & Insulating. Co. , as Principal, hereinafter called Contractor, and West American Insurance Co. , a corporation organized and existing under the laws of the State of Ohio Atlanta, , with its principal office in the City of , State of Georgi a , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta- Richmond County Commission-Council Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of. claimants as hereinbelow defined in the amount of C'.lne Hundred I nHty rour I nousand Eight Hundred Dollars ($ 134,800.00 ) 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 8-12-97 entered into a contract with Owner for the construction of Roof Replacement for the Main, Wallace and Friedman Branches of the Auqusta-Richmond County Libraries, Augusta, Georgia in accordance with drawings and specifications issued by Engineerinq Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the ,performance of the CONTRACT, then this obligation shall be yoid; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (I) A claimant is defined as one having a direct contract with the 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 LMPB-l .,.::, '~I~- ~'!;-; .. 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, '] " J ':-. "~ ... ... ... ... (4 ) ,- " . ~ - - .... (a) Unless claimartt, 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 abov~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 werafurnished, 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. The amount of th~~ 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 recorc;iagainst said improvement, whether or not claim for the amount oIsuch lien be presented under and against this bond. LMPB-2 ... -~~ ~~:~~":",:_'X"o.- :f.'\jr~;'--'--"~:~~i1r:'::-'~~~;'>'".~~~mr:;~~~:::;~~~!;J;:,~\~Wir:~"~~~~;:""~;~~~l:~'!':~~~;;.,::~ . ."'- -. ,,~ .'.; AIltJllc:t ,......_ . ,"\":", ...."'.... _ r'r'-". r".... ..'-....." I /' " ...:..... 60 ~ {"". r~. . -, . ." r /' . (:Se~l-)-._~r ,- ::. ( Con tract (;>r ) ,.? - __- 4;~ ~~ ::""--- . -::::-~ ' f', ""r .. - - '" ,-.. . -:;.. ... -...~ ( Sea:l,) ,-,' & Ins u 1 at i n g Co. ( Tit i ~ f ,-' - --. Signed and sealed this A.D. 1997. 12th d?y of ATTest WitflCOO t.V i+fVes.s At.1isat '- Witness . Attest- Note: r.L- ki )00..(2<> fll':!::. pe 'de ~.rt ~~~ ~+~ ~~ Bv ~Ct-. <-6 ' f;~ James Wells, eSldent, Southern Roofing @~~~ West American Insur.ance Co. BV f-..-t~ \..l... k~ MorrisH. Mqss, Attorney-In-Fact r...r"/'N'A/' Vv-. J"" .' ..., ;' '0 t:\lll~'~ -. {_,- . .....;.1>~~',\ ~ 8, ,,1t.ti42. --:.: \\ /.~ ~ ~ ,~\l \. - l,. 'Q"!:,,~~ "+,2;.", _ 1...- r ~ *"1", "~ "i~ ~~. Z ~ .~' ~ _" ".. ':(i. J.' ~:~~q~., ,~~,,~..;~-,~,~, ~ -.r .~ ~ .. >I\r-~ ~ .' ~ '::: I " ~ "\l~' ..;.- ~~,~ \\.~_t.; , ~.;' "'- /' \""1'"'' ' .', ,,",'';- ?' .I'~ ~% '~) "\~ -: - ~ .'- I ~:;.; .' '.,,~t,;.,~" \ 7. '<4;.. ~\\J..~rt.,-i>' 1'\ Tt' ,-it}, ,~r-- ...1..... 't..';,-uuL.'ll3<.. r- IA . ,j ~ \ /\, -'\, \. I' ,"- Date of Bond must' be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. LMPB-3 .. ..... CERTIFIED COpy OF POWER OF A TIORNEY WEST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO .,-? No. 2-105 ~,t{t?Xe..1., 7'-~: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By- Laws of said Company, does hereby nominate, constitute and appoint: John M. Moss, Jr. or Cobbs G. Nixon or William C. Huff or Preston A. Moss or Morris H. Moss or Matthew K. Howard of Augusta, Georgia its true and lawful agent and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance nvo MILLION ($2,000,000.00) DOLLARS, excluding, however, any bond (s) or undertaking (s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney (s)-in-fact. IN WITNESS WHEREOF, the undersigned officer of the said The West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The West American Insurance Company this 5tb day of August, 1996. ~~/~ Mark E. Schmidt, Assistant Secretary STATE OF omo :SS COUNTY OF BUTLER On this 5th day of August A.D., 1996 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Mark E. Schmidt, Asst. Secretary of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. ~1lA"", ;~..\~_.~{i,' ~ ~."\\I, < , !{ " ~, .. -=- =..f ... ~ ;: . - ll. '. , :/- \~~~--_... .~~ ~"Il:~ IN TESTIMONY WHEREOF I have hereunto set my hand and atTIxed my Official Seal at the Cily of Hamillon, State of Ohio the day and year tirst above written. ~ -Kf ~~ Notary Public in and for County of Butler, State of Ohio My Commission expires August 5,1997. This power of attorney is granted under and by authority of Article VI, Section I of the By-Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board. the President, any Vice President, a Secretary or any Assistant Secretary shall be and is hereby vested with full power of and authority to appoint attorneys in fact for the purpose of signing. the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and policies of insurance to be given in favor of an individual, finn, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political subdivision, This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980, RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I of the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed, CERTIFICATE 1, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section I of the by-. laws of the Company and the above Resolution ofits Board of Directors are true and correct copies and are in full force and effect on this date, IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 12thdayof Augus t A.D., 1997 ~ E* -4~ Assistant Secretary I I I I ,I I I I I I .-.1 1 I' :1 ,. I '1 Section PB PERFORMANCE BOND NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY 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 Augusta-Richmond County Commission-Council, Georgia, 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 construction of Roof Replacement for the Main, Wallace and Friedman Branches of the Auqusta-Richmond County Libraries, Augusta, Georgia, in accordance with the drawings and specifications issued by Engineerinq 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. i I I Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy 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 l \ PB-1 I I I I paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. . . Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. I I I I I I - 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 A.D. 1997. \S THo. day of !:to(.uS r Witness 5~1 w_(!~ ,q1Ll~ (Seal) (Contractor) Attest Bv (Seal) (Title) Witness (Seal) (Surety) - _I I ,I Attest BV (Seal) (Title) Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. - I I I I I PB-2 I I I I SECTION PB LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-l, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) I ,I I I 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- Richmond County Commission-Council Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in th~ 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. I I I I I - WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the construction of Roof Replacement for the Main, Wallace and Friedman Branches of the Auausta-Richmond County Libraries, Augusta, Georgia in accordance with drawings and specifications issued by Enaineering Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. I I I I I 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 LMPB-1 I .1 I I ,I I - 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 a~tion shall be commenced hereunder by any claimant, I I I (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 wi th 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. i I .- I I (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. , . I (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. . . I I I I (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. LMPB-2 I I I I 'I I I I I ,I 'I I I ~ ''7-. " J Signed and sealed this A.D. 1997. Witness day of O~A't' (Seal) (Contractor) Attest Witness BV (Seal) (Title) . (Seal) (Surety) Attest Note: . !! - . . i I I I BV (Seal) (Title) Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. LMPB-3 I 'I ',I I CERTIFICATE OF OWNER'S ATTORNEY q I, the undersigned , the authorized and acting legal representative of Augusta-Richmond County Commission-Council do hereby certify as follows: .. I I I I I ,I I I I :1 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 representati ves; 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. Jim Wall, Attorney DATE: \. '. .1 I I I COA-l I I I I I I I I SECTION NP NOTICE TO PROCEED TO: DATE: PROJECT: Roof Replacement for the Main, Wallace and Friedman Branches of the Augusta-Richmond County Libraries You are hereby notified to commence work in accordance with the Agreement dated , 1997, within Ten (lQ) calendar days following this date, the date first written . . above, and you are to complete the work within (___) consecutive calendar days after the date of this notice. The I I date set for completion of all work is therefore , 19_ . . BY: TITLE: I I ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted I . on this \ ::;''\H :(~ day , 1997. I I - of R.U('?o~'T' BY: 7> ~M€. ':> l~ N\(i:\""\...~ TITLE: ~RBt~Wl I I NP-1 I I I I I I I I I Section' GC - 0 1 . GC-02. GC-03. GC-04. GC-OS. GC-06. GC-07. GC-08. GC-09. GC-lO. GC -II. GC-12. GC-13. GC-14. GC-1S. GC-16. GC-17. GC-18. GC-19. GC-20. GC-21. GC-22. GC-23. GC-24~ GC-2S. GC-26. GC-27. GC-28. GC-29. GC-30. GC - 3I. GC-32. GC-33. GC-34. GC-3S. GC-36. I I I I :1 I I I I I SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Definitions Additional Instructions and Detail Drawings Schedules, Reports and Records Drawings and Specifications Shop Drawings Materials, Services and Facilities Inspection and Testing Substitutions Patents Surveys, Permits and Regulations Protection of Work, Property and Persons Supervision by Contractor Changes in the Work Changes in Contract Price Time for Completion and Liquidated Damages Correction of Work Subsurface Conditions Suspension of Work, Termination and Delay Payments to Contractor Acceptance of Final Payment as Release Insurance Contract Security Assignments Indemnification Separate Contracts Subcontracting , Engineer's Authority Land and Rights-of-Way Guarantee Taxes Work Adjacent to Railway or Other Property Order and Discipline Warning Devices and Signs Special Restrictions As-Built Drawings Contractor Not to Hire Employees of the Owner GC-l Page 2 4 4 4 5 6 6 7 8 8 9 10 10 10 11 11 12 12 14 16 16 18 18 19 19 20 20 21 21 21 22 22 22 22 22 23 I I I I I I I I 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. I - 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. . . I 'I I .1 6. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Order, General Conditions, Supplemental General Conditions, Special Conditions, Technical Specifications, Drawings and Addenda. 7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion of the work. 9. LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed to completion of all the work. - 'I I .1 I I 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. GC-2 I I I I ;1 I I I :1 ,- 13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time issued by the Engineer to the Contractor during construction. 14~ NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 15. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 16. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. , 17. PROJECT: The undertaking to be performed as provided in the Contract Documents. 18. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project site or any par~ thereof. :1 ;1 :. 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. :,1 I ~I I I 21. SUBCONTRACTOR: An individual, firm or corporation having a direct contract wi ththe 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 addi tions 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. I I 25. WORK: All labor necessary to produce the construction required by the Contract Documents and all materials and equipment incorporated or to be incorporated in the project. GC-3 I I I I I I I I I I I I I 26. WRITTEN NOTICE: . Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. 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 carryon 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, beginning of manufacture, the testing and installation of materials, supplies and equipment. the the . "I I I I I I 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 drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work 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. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. GC-4 I I I I -I :1 I I I 3; Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. I :. 5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. :1 I :1 ~I :1 ,I 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 which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. ~ - . 3. Portions 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 i I - GC-5 I I I I 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, water, light, power, transportation, supervision, temporary construction of any nature and a~l other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time. ,I I I :1 :1 :.1 I I ;1 '~I I '1 I I 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. 4. I f 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 GC-6 I I I I I I :1 'I I :1 '. 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. .1 I I ::1 '1 - . 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: 'I ,I I I 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 substi tution and use by the Contractor . Any cost differential shall be deducted from the contract price and the Contract GC-7 I I I I I I '1 I I il ;1 I I '1 .1 I I I I Documents shall be appropriately modified by change order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC-09. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-I0. SURVEYS, PERMITS AND REGULATIONS: 1. The Owner shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of benchmarks adjacent to the work as shown in the Contract Documents. . From the information provided by the Owner, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. 2. The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. 3. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13~ Changes in the Work. GC-8 I I .1 I 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 utili ties not designated for removal, relocation or replacement in the course of construction. I . . 2. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He will notify the owners of adjacent utilities when prosecution of the work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them are liable, except damage or loss attributable to the fault 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. . I I . - . - ,I I I I I 3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby and a Change Order shall be issued covering the changes and deviations involved. 4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and accepted, except to damage or injury caused directly by the Owner's agents or employees. - . . GC-12. SUPERVISION BY CONTRACTOR: I I I 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. GC-g I I I Section ADV I IFB . P . BB I NA A I PB LMPB 'I COA NP I GC SGC 11 SC ... .. :. TS-l I TS-2 TS-3 .. . . ;. 1 :1 :1 I I ... INDEX TO SPECIFICATIONS Title Paqe Advertisement for Bids 1-2 Information For Bidders 1-3 Proposal 1-2 Bid Bond 1-2 Notice of Award 1-1 Agreement 1-2 Performance Bond 1-2 Labor & Material Payment Bond 1-3 Certificate of Owner's Attorney 1-1 Notice to Proceed 1-1 General Conditions 1-23 Supplemental General Conditions 1-3 Special Conditions 1-4 TECHNICAL SPECIFICATIONS: Section One - Roofing Built-up 1-3 Section Two - Roofing Shingle 1-4 Section Three - Shingle & Roofing 1 Removal I I 'I I ADVERTISEMENT FOR BIDS . I SEALED BIDS for the reroofinq of three Auqusta-Richmond County Libraries at Augusta, Georgia, including all materials. tools. machinery. etc. together with appurtenances, hereinafter referred to by project name as BID ITEM # -97-071 Roof Replacement for the Main, Wallace and Friedman Branches of the Augusta-Richmond County Libraries will be received by AUGUSTA-RICHMOND COMMISSION at the Purchasing Department, Room 605 Municipal Bldg./530 Greene Street, Augusta, GA 30911 until then in referred to as the OWNER, at the office of the Purchasing Director, Room 605, Municipal Building until 11:00 a.m. on Thursday the 11 day of June, 1997, at which time all bids will be publicly opened and read in the presence of those interested. All work shall be in accordance with the contract documents of the Augusta~Richmond County Engineer and Commissioner of Public Works, hereinafter referred to as the Engineer. Copies of the Contract Documents may be examined during regular business hours at the Engineering Office, 7th Floor, Municipal Building, Augusta, Georgia; at the following locations: The F. W. Dodge Division Plan Room Augusta, Georgia The Augusta Builders Exchange Augusta, Georgia Copies of the Contact Documents for bidding purposes may be obtained at the office of the Purchasinq Director upon payment of Twenty-Five Dollars ($25.00) for each set. (Non-refundable) Bids shall be "addressed to Augusta-Richmond County Commission, c/o Purchasing Director, Municipal Building, Augusta,Georgia 30911, marking the envelope "Bid for Roof Replacement for the Main. Wallace and Friedman Branches of the Auqusta-Richmond County Libraries. Bids shall be completed and submitted as described in the Information for Bidders section of the Contract Documents. I I I I :1 I I I "I .'1 I I I I A Bid Guarantee, Performance Bond, and a' Labor and Material Payment Bond will be required. No bid may be withdrawn for a period of Sixty (60) days after the date and time set for the receipt of bids. All bidders will be required to attend a Pre-Bid Inspection which will be held at the Engineer Office, Room 701 530 Greene Street to be escorted to the site, at 3:00 P.M. on June II. 1997 . (Attendance is not Mandatory) The Owner reserves the right to waive any informalities in bidding and to reject any or all bids. ADV-1 I I I I I I I I I :1 .1 ... Geri A. Sams, Purchasing Director Augusta~Richmond County Consolidated Government Date: Advertised in Augusta Chronicle, Mav 29, June 3, June 6, 1997 Augusta Focus, June 5,1997 Metro Courier, June 4,1997 I I cl I I I I I ADV-2 I I I I 'I ,I I I INFORMATION FOR BIDDERS Bids will be received by Augusta-Richmond County Commission-Council, Georgia, (hereinafter called the "Owner"), at the office of the Purchasing Director until 11:00 a.m. June 19. 1997 , and then at said office publicly opened and read aloud. . . Each bid must be submitted in a sealed envelope, addressed to Mayor and Augusta-Richmond County Commission-Council at City-County Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as bid for Roof Replacement for the Main. Wallace and Friedman Branches of the Auqusta-Richmond County Libraries and the envelope should bear on the outside the name of the bidder, his address and his license number, if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed the Mayor and Augusta-Richmond County Commission, c/o Purchasing Director, City-County Municipal Building, Augusta, Georgia 30911. All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. The Owner. may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid wi thin sixty (60) days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time.may be extended by mutual agreement between the Owner and the bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. After bids hav~ been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. ,I - . . I - i I .-iiI iii . . The Contract Documents contain provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to the Owner for ten percent of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been I I I I IFB-1 I I I I .1 I I I I ~I I - A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement, the Owner may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner. The Owner wi thin ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. . . The notice to proceed shall be issued within ten days of the execution of the Agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued. wi thin such period, the time may be extended by mutual agreement between the Owner and the Contractor. If the notice to proceed has not been issued wi thin the ten day period or wi thin the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein. A conditional or qualified bid will not be accepted. Award will be made as a whole to one bidder. I '1 .1 I I I I All applicable laws.! ordinances and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. IFB-2 I I I I I I I I I I I I I .1 I I I I I The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the Owner. The engineer is the Augusta-Richmond Engineer. IFB-3 I I I I PROPOSAL FOR Roof Replacement for the Main, Wallace and Friedman Branches of the Augusta-Richmond County Libraries :i ,I I I I ~I :1 .:- Augusta-Richmond County Commission-Council Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; " 3. He understands that information relative to existing structures and underground utilities as furnished to him on the drawings, Contract Documents or by the Engineer, carries no guarantee expressed or implied as to its completeness or accuracy and he has made due allowances therefor; 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted, he will contract with Augusta-Richmond County Commission-Council, Georgia, to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish all materials called for in accordance with requirements of the Engineer and the true intent of the Contract Documents and that he will take in full payment lump sum. NOTE: Bidders must bid on the item. The Contract covering the construction of all work described above will be completed within 120 calendar days from the date specified in the "Notice to Proceed" of the Augusta- Richmond County Engineer for: Dollars ($ ._> subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $500.00 for each consecutive calendar.day thereafter as hereinafter provided in Section 15 of the General Conditions. :,1 'I I '~'I I I I It is ,understood that the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: . '. P-l I I I I I I I I I Addendum Date The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner with satisfactory performance and payment bonds in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or a Certified Check in the amount of Dollars ($ ) being not less than ten (10%) percent of the total base bid sum. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check, it may be cashed by the Owner and the amount received shall become the. property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. '. . The undersigned by submittal of this proposal, agrees that the above stated amount is proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. I I I I :1 I I I I The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Name of Bidder Signature & Title of Authorized Representative Business Address City and State Date: P-2 I I I I I I I I I 'I :1 I I I I I I I I BID SCHEDULE ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL Main Branch 1- Replace existing roofing 1 Lump Sum $ Wallace Branch 1- Replace existing roofing 1 Lump Sum $ Freidman Branch 1. Replace existing roofing 1 ,Lump Sum $ TOTAL $ EXTRA ITEMS 1. Remove and replace existing sheathing - per sq. foot. $ NOTE: The Lump Sum Bid on each roof shall include any charge manufacturer's Bond. S.F. for the I I I I I .1 I I I SECTION BB BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto Augusta- Richmond County Commission-Council, Georgia, as Owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this day of , 1997. The condition of the above obligation is such that whereas the Principal has submitted to Augusta-Richmond County Commission-Council, Georgia a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the construction of Roof Replacement for the Main, Wallace and Friedman Branches of the Augusta-Richmond County Libraries. . . NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, 'I I I :1 then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS' WHEREOF, the Principal and the Surety have hereunto set these hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. ~I I I I I BB-1 I I I I j I L.S. (Principal) (Surety) - -. I SEAL By ATTORNEY IN FACT ,- M r. . .- :1 1 J1 il I I I . . I I I I BB-2 I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made this ____ day of , 1997, by and between the Augusta-Richmond County Commission-Council as Successors by Consolidation to the City Council of Augusta, hereinafter called "Owner" and doing business as a corporation hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor will commence and complete construction of Roof Replacement for Main, Wallace and Friedman Branches for the Auausta-Richmond County Libraries. 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 (lQ) calendar days after the date of the Notice to Proceed and will complete same within 120 calendar days unless the period of completion is extended otherwise by the Contract Documents. . - - - . . 4 . The Contractor agrees to perform all the work described in the Contract Documents for the sum of $ . I I ,I 5. The term "Contract Documents" means following: Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance/Payment Bond Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General Conditions Special Conditions Technical Specifications Drawings Addenda: and includes the :1 I i I I No. No. No. -, dated dated dated , 19_ , 19_ , 19_ -, ~, A-I I I I I I I I I I I " I 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. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in 6 (number of copies) each of which shall be deemed an original on the date first above written. OWNER: AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL BY: (SEAL) ATTEST: NAME: (Type or Print) TITLE: NAME: TITLE: CONTRACTOR: BY: (SEAL) I I .1 I I I I I ATTEST: NAME: (Type or Print) ADDRESS: NAME: (Type or Print) TITLE: A-2 I I I I I I I I Section PB PERFORMANCE BOND NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY 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: I 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-Richmond County Commission-Council, Georgia, 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. . . iiii ;; WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the construction of Roof Replacement for the Main, Wallace and Friedman Branches of the Auqusta-Richmond County Libraries, Augusta, Georgia, in accordance with the drawings and specifications issued by Enqineerinq Department which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. .11 . '. iii - 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 I I I I (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance 'wi th 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 PB-l I I I I I 1 I I I I :.1 _I paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this A.D. 1997. day of Witness (Seal) (Contractor) Attest BV (Seal) (Title) Witness (Seal) (Surety) Attest BV (Seal) (Title) '1 'I Note: Date of Bond must be' prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. 'I .1 I I I PB-2 I I I I I I I I SECTION PB LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-1, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) 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- Richmond County Commission-Council Georgia, as Obligee, hereinafter called 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 their heirs, executors, administrators, successors, jointly and severally, firmly by these presents. ) themselves, and assigns, I :'1 I I I 'I I I I I WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the construction of Roof Replacement for the Main, Wallace and Friedman Branches of the Auqusta-Richmond County Libraries, Augusta, Georgia in accordance with drawings and specifications issued by Enqineerinq Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obliga~ion 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 LMPB-1 I I I I :1 'I I I I :1 , . :1 I I ,I :1 :1 I I I defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for . the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (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. LMPB-2 I I I I I I I I I Signed and sealed this A.D. 1997. Witness Attest Witness Attest Note: i I I I I - . . I I I I day of (Seal) (Contractor) BV (Seal) (Title) (Seal) (Surety) BV (Seal) (Title) Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. , , LM:PB-3 I I ,I I I I I I I ;;1 I :1 I ;1 'I I I I ,I CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned , the authorized and acting legal representative of Augusta-Richmond County Commission-Council do he~reby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution the,reof, 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 representati ves; that said representatives have full power and authority to execute s~id 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. Jim Wall, Attorney DATE: COA-l I I I I -I I ~I I I SECTION NP NOTICE TO PROCEED TO: DATE: PROJECT: Roof Replacement for the Main, Wallace and Friedman Branches of the Augusta-Richmond County Libraries You are hereby notified to commence work in accordance with the Agreement dated , 1997, within Ten (lQ) calendar days following this date, the date first written above, and you are to complete the work within (___) consecutive calendar days after the date of this notice. The . :1 date set for completion of all work is therefore 19_ .- -.1 ,- :1 I '-I BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted :1 ':- on this day , 1997. of I BY: 'iii . TITLE: I I NP-1 I I I I .1 I I I I ;1 I I .1 Section GC - 0 I. GC-02. GC-03. GC-04. GC-OS. GC-06. GC-07. GC-08. GC-09. GC-I0. GC -II. GC-12. GC-13. GC-14. GC-lS. GC-16. GC-17. GC-18. GC-19. GC-20. GC - 2 I. .GC-22. GC-23. GC-24. GC-2S. GC-26. GC-27. GC-28. GC-29. GC-30. GC-31. GC-32. GC-33. GC-34. GC-3S. GC-36. I 1;- ..- 'I I I I 'I SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Definitions Additional Instructions and Detail Drawings Schedules, Reports and Records Drawings and Specifications Shop Drawings Materials, Services and Facilities Inspection and Testing Substitutions Patents Surveys, Permits and Regulations Protection of Work, Property and Persons Supervision by Contractor Changes in the Work . Changes in Contract Price Time for Completion and Liquidated Damages Correction of Work Subsurface Conditions Suspension of Work, Termination and Delay Payments to Contractor Acceptance of Final Payment as Release Insurance Contract Security Assignments Indemnification Separate Contracts Subcontracting Engineer's Authority Land and Rights-of-Way Guarantee Taxes Work Adjacent to Railway or Other Property Order and Discipline Warning Devices and Signs Special Restrictions As-Built Drawings Contractor Not to Hire Employees of the Owner GC-l Page 2 4 4 4 5 6 6 7 8 8 9 10 10 10 11 11 12 12 14 16 16 18 18 19 19 20 20 21 21 21 22 22 22 22 22 23 I I I I I '1 I I '1 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. . ii 5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work wi thin the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. :'1 I I :1 ...~ ,'1 I .1 I I 6. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Order, General Conditions, Supplemental General Conditions, Special Conditions, Technical Specifications, Drawings and Addenda. 7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion of the work. 9. LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed to completion of all the work. 10. CONTRACTOR: The. person, firm or corporation with whom the Owner has executed the Agreement. 11. DRAWINGS: The part of. the Contract Documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 12. ENGINEER: The person, firm or corporation named as such in the Contract Documents. GC'-2 I I I I I I I I :1 ~I II I I ~I '1 I :1 I I 13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time issued by the Engineer to the Contractor during construction. 14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 15. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 16. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. 17. PROJECT: The undertaking to be performed as provided 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 incorporated in the project. GC-3 I I I I '1 I I I 26. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. 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-OJ. 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. ~I 2. Prior to the first partial payment estimate, the Contractor shall submit schedules showing the order in which he proposes to carryon 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: . .. .1 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. ~I .,. 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; I I :1 1 I 1. The intent of .the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work 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. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. GC-4 I I I I I I I I I I 'I I I ,- I I I I I 3. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. 5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. GC-05. SHOP DRAWINGS: 1. The Contractor shall provide shop drawings as may be necessary for the prosecution of the w~rk as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear' the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions 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 GC-5 I .1 I I .1 :1 I I :1 -I .::1 I I I - 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, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time. 2. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased,by the Contractor 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.' :1 I 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. :i I ;1 4. I f 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 GC-6 I I I I I I I I .1 :1 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. I I I . 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: I I 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 produc'ts 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 ,I I .. . GC-7 I I :1 I I I I I I Documents shall be appropriately modified by change order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC-09. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He.shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-I0. SURVEYS, PERMITS AND REGULATIONS: . - - - 1. The Owner shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of benchmarks adjacent to the work as shown in the Contract Documents. From the information provided by the Owner, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. . ~ iiOii - I I 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. - I 3. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13, Changes in the Work. . . . . . I I I GC-8 I I I I I I I I I II :1 GC-11. PROTECTION OF WORK, PROPERTY AND PERSONS: 1. The Contractor will be responsible for initiating, maintaining and supervising all safety preGautions 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 utili ties 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 utilities when prosecution of the work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly; in whole or in part, by the Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them. are liable, except damage or loss attributable to the fault 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. .. .1 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. I I I I .1 I 4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and accepted, except to damage or injury caused directly by the Owner's agents or employees. GC-12. SUPERVISION BY CONTRACTOR: 1. The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. i GC-g