HomeMy WebLinkAboutLibrary Roof Replacement
Augusta Richmond GA
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DOCUMENT TYPE:
YEAR: q l
BOX NUMBER: O~
FILE NUMBER: \ Q;> \l\
NUMBER OF PAGES: 19X-
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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
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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
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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"
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Lump Sum
$ 85,950.00
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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
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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'
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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
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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
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ADVERTISEMENT FOR BIDS
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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
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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.
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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.
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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
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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.
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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
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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.
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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. '
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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.
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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.
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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.
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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 $500.00 for
each consecutive calendar day thereafter as hereinafter provided in
Section 15 of the General Conditions.
It is understood that the Owner reserves the right to
reject any or all proposals or to accept any proposal as deemed to
be to the best interest of the Owner.
It is also understood that the following addenda as
issued during the bid period shall be included as part of the
Contract Documents:
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Addendum
Date
The undersigned bidder understands and agrees that should
the Owner accept this proposal, the bidder will within ten (10)
days from the date of notification of acceptance of his proposal,
execute the contract and furnish the Owner with satisfactory
performance and payment bonds in the amount equal to one hundred
percent (100%) of the total base bid sum. Enclosed herewith is a
Bid Bond or a Certified Check in the amount of
Dollars ($ ) 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.
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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
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License.
The Owner is an Equal Opportunity Employer.
Name of Bidder
Signature & Title of
Authorized Representative
Business Address
City and State
Date:
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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.
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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,
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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.
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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
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, 19
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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.
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OWNER:
STA-RICHMOND COUNTY COMMISSION-COUNCIL
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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
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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
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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.
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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
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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.
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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)
-
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Attest
BV
(Seal)
(Title)
Note:
Date of Bond must be prior to date of Contract. If
Contractor is Partnership, all partners should execute
Bond.
-
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PB-2
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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.)
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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.
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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.
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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
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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,
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(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.
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(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.
.
.
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(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
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Signed and sealed this
A.D. 1997.
Witness
day of O~A't'
(Seal)
(Contractor)
Attest
Witness
BV
(Seal)
(Title) .
(Seal)
(Surety)
Attest
Note:
.
!!
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.
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(Seal)
(Title)
Date of Bond must be prior to date of Contract. If
Contractor is Partnership, all partners should execute
Bond.
LMPB-3
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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:
..
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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:
\.
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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
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date set for completion of all work is therefore
,
19_
.
.
BY:
TITLE:
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ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO
PROCEED is hereby acknowledged
and the same is hereby accepted
I
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on this \ ::;''\H
:(~
day
, 1997.
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of R.U('?o~'T'
BY: 7> ~M€. ':> l~ N\(i:\""\...~
TITLE: ~RBt~Wl
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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.
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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
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GC-01.
'DEFINITIONS:
Wherever used in the Contract Documents, the following
terms shall have the meanings indicated which shall be applicable
to both the singular and plural thereof.
1. ADDENDA: Written or graphic instruments issued prior to the
execution of the Agreement which modify or interpret the
Contract Documents, Drawings and Specifications, by addition,
deletion, clarifications or corrections.
2. BID: The offer or proposal of the Bidder submitted on the
prescribed form setting forth the prices for the work to be
performed.
3. BIDDER: Any person, firm or corporation submitting a bid for
the work.
4. BONDS: Bid, Performance and Payment Bonds and other
instruments of security furnished by the Contractor and his
Surety in accordance with the Contract Documents.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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respective dates for submission of shop drawings,
beginning of manufacture, the testing and
installation of materials, supplies and equipment.
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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.
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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.
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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.
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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.
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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
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in good order by the Contractor at the site and shall be
available to the Engineer.
GC-06.
MATERIALS. SERVICES AND FACILITIES:
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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.
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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
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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.
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. 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:
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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
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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.
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GC -11.
PROTECTION OF WORK, PROPERTY AND PERSONS:
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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.
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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. .
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3. In emergencies affecting the safety of persons or the work or
property at the site or adjacent thereto, the Contractor,
without special instructions or authorization from the
Engineer or Owner, shall act to prevent threatened damage,
injury or loss. He will give the Engineer prompt written
notice of any significant changes in the work or deviations
from the Contract Documents caused thereby and a Change Order
shall be issued covering the changes and deviations involved.
4. The work under this Contract in every respect shall be at the
risk of the Contractor until finished and accepted, except to
damage or injury caused directly by the Owner's agents or
employees.
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GC-12.
SUPERVISION BY CONTRACTOR:
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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.
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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
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ADVERTISEMENT FOR BIDS
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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PROPOSAL
FOR
Roof Replacement for the Main, Wallace and Friedman
Branches of the Augusta-Richmond County Libraries
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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;
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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 $500.00 for
each consecutive calendar.day thereafter as hereinafter provided in
Section 15 of the General Conditions.
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It is ,understood that the Owner reserves the right to
reject any or all proposals or to accept any proposal as deemed to
be to the best interest of the Owner.
It is also understood that the following addenda as
issued during the bid period shall be included as part of the
Contract Documents:
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Addendum
Date
The undersigned bidder understands and agrees that should
the Owner accept this proposal, the bidder will within ten (10)
days from the date of notification of acceptance of his proposal,
execute the contract and furnish the Owner with satisfactory
performance and payment bonds in the amount equal to one hundred
percent (100%) of the total base bid sum. Enclosed herewith is a
Bid Bond or a Certified Check in the amount of
Dollars ($ ) 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.
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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.
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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:
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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
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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.
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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,
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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.
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L.S.
(Principal)
(Surety)
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By
ATTORNEY IN FACT
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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.
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The Contractor agrees to perform all the work described in the
Contract Documents for the sum of $
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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
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No.
No.
No.
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dated
dated
dated
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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)
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ATTEST:
NAME:
(Type or Print)
ADDRESS: NAME:
(Type or Print)
TITLE:
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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:
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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.
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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.
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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.
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The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
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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
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(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
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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)
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Note:
Date of Bond must be' prior to date of Contract. If
Contractor is Partnership, all partners should execute
Bond.
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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
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, 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,
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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
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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.
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Signed and sealed this
A.D. 1997.
Witness
Attest
Witness
Attest
Note:
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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.
,
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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:
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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
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date set for completion of all work is therefore
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BY:
TITLE:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO
PROCEED is hereby acknowledged
and the same is hereby accepted
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day
, 1997.
of
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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.
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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
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4
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10
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16
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GC-01.
DEFINITIONS:
Wherever used in the Contract Documents, the following
terms shall have the meanings indicated which shall be applicable
to both the singular and plural thereof.
1. ADDENDA: Written or graphic instruments issued prior to the
execution of the Agreement which modify or interpret the
Contract Documents, Drawings and Specifications, by addition,
deletion, clarifications or corrections.
2. BID: The offer or proposal of the Bidder submitted on the
prescribed form setting forth the prices for the work to be
performed.
3. BIDDER: Any person, firm or corporation submitting a bid for
the work.
4. BONDS: Bid, Performance and Payment Bonds and other
instruments of security furnished by the Contractor and his
Surety in accordance with the Contract Documents.
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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.
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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.
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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
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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:
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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.
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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:
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2.1 the dates at which special detail drawings will be
required; and
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2.2 respective dates for submission of shop drawings, the
beginning of manufacture, the testing and the
installation of materials~ supplies and equipment.
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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;
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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.
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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
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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.'
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3. The Owner shall provide all other inspection and testing
services required by the Contract Documents.
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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
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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.
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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.
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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:
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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
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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