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HomeMy WebLinkAboutJEFFERY HARRIS PIPE REPLACEMENT -BURNING TREE LANE G E O R G I A Re -Bid Specifications Re -Bid Item #10 -153A Pipe Replacement - Burning Tree Lane For The City of Augusta - Public Service - Maintenance Division Re -Bid Due: Friday, October 29, 2010 at 11:00 A.M. Disadvantage Business Enterprise (DBE) Augusta - Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race -Based portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and /or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal laws. "ANY LANGUAGE INCLUDED HEREIN THAT VIOLATES OR IS INCONSISTENT WITH THE MARCH 14, 2007 COURT ORDER IN THE CASE, THOMPSON WRECKING, INC. V. AUGUSTA, GEORGIA, CIVIL ACTION NO. 1:07 -CV -019, IS VOIDABLE BY THE AUGUSTA GOVERNMENT." • Thanks for doing business with us .. . Geri A. Sams, Procurement Director 530 Greene Street, Room 605 Augusta, Georgia 30901 Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 1 of 53 St* 1b ,..____-- G E O k G 1 A CITY OF AUGUSTA, GEORGIA OFFICE OF THE PROCUREMENT DIRECTOR 530 GREENE STREET SUITE 605 AUGUSTA, GEORGIA 30901 (706) 821 -2422 www.augustaga.gov DATE: October 12, 2010 RE -BID NO. 10 -153A SUBJECT: Invitation to re -bid on the following equipment, supply, and /or services. NAME OF RE -BID: Pipe Replacement — Burning Tree Lane This letter extends to your Firm an invitation to submit a bid to supply the City of Augusta with equipment, supplies, and /or services as indicated above. Sealed re -bids for the above will be received at the Office of the City Procurement Director, 530 Greene Street — Suite 605, the Municipal Building, Augusta, Georgia, up to 11:00 a.m. on Friday, October 29, 2010, at which time, re -bids will be opened and publicly read. The Board of Commission reserves the right to reject any and all re -bids and to waive formalities. Instructions for preparation and submission of a bid - proposal are contained in the attached packet. Please note that specific forms for submission of a re -bid proposal are required. Re -Bids must be typed or printed in ink. If you do not re -bid, return signed bid invitation sheet and state reason. Also, please clearly mark the outside of your envelope as "No Bid." Any changes to the conditions and specifications must be in the form of a written addendum to be valid; therefore, the City will issue a written addendum to document all approved changes. Any re -bid submitted which does not acknowledge the receipt of an addendum will not be considered. The City of Augusta seeks to ensure that all segments of the business community have access to supplying the goods and services needed by City programs. Doing business with Augusta has become easier! The new ARCBid link, which is located on the Procurement Department's website at www.auqustaoa.gov, enables you to view current and past public bid information online. Should you have any questions concerning the bid documents, or need additional information, you may contact a member of the Bid and Contract Team directly @ 706 821 -2422. A request for bid documents must be faxed to 706 821 -2811. A Re -Bid proposal from your Firm will be appreciated. Sincerely yours, • Geri A. Sams Procurement Director Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 2 of 53 1 j 't Invitation to Re -Bid Sealed re -bids will be received at this office until 11:00 a.m. Friday, October 29, 2010 for furnishing: Re -Bid Item #10 -153A Pipe Replacement - Burning Tree Lane for Public Service - Maintenance Division Re - Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706 - 821 -2422 Re -Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street — Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by fax at 706 - 821 -2811 or by mail. No re -bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Tuesday, October 19, 2010 by 5:00 p.m. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No Re -Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted along with bidders qualifications and a 100% performance bond and a 100% payment bond will be required for award. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of RE -BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RE -BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Disadvantage Business Enterprise (DBE) Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race -Based portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and /or State Agencies in accordance with State and Federal laws. GERI A. SAMS, Procurement Director cc: Tameka Allen Interim Deputy Administrator Mike Greene Public Service Dennis Stroud Public Service — Maintenance Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 3 of 53 ♦t Re -Bid Item 10 -153A Pipe Replacement — Burning Tree Lane Due Date: Friday, October 29, 2010 at 11:00 A.M. INSTRUCTIONS TO RE -BID 1.1 Purpose: The purpose of this document is to provide general and specific information for use by vendors in submitting a bid to supply the City of Augusta with equipment, supplies, and or services as listed above. All bids are governed by the Code of the City of Augusta. 1.2 How to Prepare Bid Proposals: All bid proposals shall be: (A) Prepared on the forms enclosed herewith, unless otherwise prescribed. (B) Typewritten or completed with pen and ink, signed by the vendor or his authorized representative, with all erasures or corrections initialed and dated by the official signing the proposal. Bidders are encouraged to review carefully all provisions and attachments of this document prior to completion. Each bid constitutes an offer and may not be withdrawn except as provided herein. Also, prices are to remain firm for the period stated herein. 1.3 How to Submit Bid Proposals: All bid proposals shall be: (A) Submitted in sealed opaque envelope, plainly marked with the bid number and equipment, supply and /or service description listed above. (B) Mailed or delivered as follows in sufficient time to ensure receipt by the Procurement Director on or before the date and time specified above. (a) Mailing Address: Geri A. Sams, Procurement Director 530 Greene Street — Suite 605 Augusta, Georgia 30901. (b) Hand Delivery Address: Geri A. Sams, Procurement Director Procurement Department — 6 th Floor of the Municipal Building Suite 605 - Augusta, Georgia (c) Bids not received by the time and date specified in the first paragraph of the letter will not be opened. 1.4 Augusta- Richmond Code, Readopted 7/10/08: Sec. 1- 10 -43. Sealed bids selection method. (b) Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta - Richmond County Commission for approval by the Augusta- Richmond County Commission. 1.5 Procurement Protests: (A) Right to protest. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to Augusta- Richmond County. Protestors shall seek resolution of their complaints initially with the Procurement Director. All protests must be submitted in writing to the Procurement Director. (B) Protests concerning invitations to bid. A protest with respect to an invitation for bids or request for proposals shall be submitted in writing prior to the opening of bids or the closing date of proposals. If not done by that time, the complaint or protest is lost. (C) Stay of procurement during protests. In the event of a timely protest under subsection (b) of this Section, the Procurement Director shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the Augusta- Richmond County Administrator or Commission makes a determination on the record that the award of the contract without delay is necessary to protect the interests of Augusta- Richmond County. 1.6 Failure to Bid: If a bid is not submitted, bidder should return bid sheets, stating reason therefore, and indicate whether their business should be retained or removed from the City's vendor's list. The outside of the envelope should clearly be marked "No Bid ". Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 4 of 53 Rx� l�r 1.7 Errors in Bids: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidders' own risk. In case of error in extension of prices in the bid, the unit prices shall govern. Correction or withdrawal of bids. Correction or withdrawal of inadvertently erroneous bids before or after bid opening may be permitted under the circumstances described below: (1) Mistakes discovered before bid opening may be modified or withdrawn by written or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening. (2) After the bid opening, corrections to bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a non- judgmental character was made, the nature of the mistake, and the bid price actually intended. Otherwise, no changes in bid prices or other provisions of bids prejudicial to the interest of Augusta- Richmond County or fair competition shall be permitted. (3) In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if: a. the mistake is clearly evident in the bid document but the intended correct bid is not similarly evident; or b. the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. (4) All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported in a written report made by the Procurement Director. (5) Withdrawal after receipt of bids is cause to forfeit bid security unless substantial evidence was presented clearly evidencing the mistake and hardship that would occur to either the County or the bidder in the event of award 1.8 Standards for Acceptance of Bid for Award Contract: The City reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejections or waiver is in the interest of the City. The City reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid from a bidder whom investigation shows is not in a position to perform the contract a bidder who failed to submitted any requested documentation to include bid bond, performance and payments. 1.9 Bidder: Whenever the term "bidder" is used it shall encompass the "contractor ", "purchaser" or other party having a contract with the City in such capacity after a contract has been entered into or between such party and the City. 1.10 Compliance with laws: The bidder shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state or City statute, ordinances and rules during the performance of any contract between the bidder and the City. Any such requirement specifically set forth in any contract document between the bidder and the City shall be supplementary to this section and not in substitution thereof. 1.11 Termination of Contract: The City of Augusta may cancel the contract at any time for breach of contractual obligations by providing the consultant with a written notice of such cancellation. Should the City of Augusta exercise its right to cancel the contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation sent to the contractor. 1.12 Terms of Contract: This is a one (1) year contract with a possible one year option; unless otherwise specified by the owner. 1.13 Bid Price: Bid price to include inside shipping charges. 1.14 Turn around Time: Five (5) days after receipt of order; unless specified and accepted by the owner. 1.15 All Bidders must bid on all items listed in specifications. Bid will be awarded to the lowest responsive bidder. (If Applicable) 1.16 Prices must remain effective. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 5 of 53 1.17 or Non - Collusion employees Affidavit: have not By directly signing or and indirectly submitting entered into this bid, bidder any declares agreements that its participated agents, officers in any , collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid. In the event, said bidder is found guilty of collusion, the company and agents will be removed from the City's bid list for up to three years and any current orders will be canceled. 1.18 The City pays by invoices only net 30. Unless otherwise arranged. Invoices should be sent to the following address: City of Augusta Richmond County Georgia Accounting Department — Room 105 City - Municipal Building 530 Greene Street Augusta, Georgia 3090 1.19 All Bids, Request for Proposal /Qualifications and or Quote are governed and awarded in accordance to The City of Augusta, Georgia (Richmond County) Code. To view the Code visit Augusta's website at uvww.auqustaoa.gov. GENERAL CONDITIONS 2.1 Specifications: Any obvious error or omission in specifications shall not inure to the benefit of the bidder but shall put the bidder on notice to inquire of or identify the same from the City. Whenever mention is made of any article, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, American Society for Testing and Materials (A.S.T.M.) regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to be the minimum requirements of these specifications. Some specifications are made from actual samples or prior use. 2.2 Delivery Point: Unless otherwise stated, all items shall be quoted and delivered F.O.B. Destination (i.e., at a specific City of Augusta address), and delivery cost and charges (if any) will be included in bid price. 2.3 Unit of Measure: In cases where the Unit of Measure is noted as part of the specification cost of the item or service will reflect the unit of measure listed within the specification. 2.4 Delivery Time: When delivery time is requested in invitation documents, time will be of the essence; therefore, bid shall include the delivery date. In some instances, the City may specify an outside delivery date. Note: Deliveries must be made between the hours of 9:00 A.M. — 4:00 P.M. For more information, please call (706) 821 -2422. 2.5 Preparation For Delivery: (A) Packing - Packing shall be accomplished in accordance with acceptable commercial practices for domestic shipments, unless otherwise stated in the contract or purchase order. The vendor shall make shipments using the minimum number of containers consistent with the requirements of safe transit, available mode of transportation routing. It shall be the vendor's responsibility to determine that packing is done as adequate to assure that all the materials shall arrive at destination in an undamaged condition ready for its intended use. (B) Marking - All packages shall be identified with the City of Augusta purchase order number and the using Department. Sealed packing lists must be affixed to all cartons showing its content.(If Applicable (C) Shipping - The vendor shall follow shipping instructions as stated on the purchase order or contract. 2.6 Multiple Bids: No vendor will be allowed to submit more than one bid. Any alternate proposals must be brought to the Procurement Director's attention during the Pre -Bid Conference or submitted in writing. Alternate Bids MUST BE MARKED as an Alternate Bid with project's name and bid or proposal number. 2.7 Bids For All Or Part: Unless otherwise specified by the City or by the bidder, THE CITY OF AUGUSTA RESERVES THE RIGHT TO MAKE AWARD ON ALL ITEMS, OR ON ANY OF THE ITEMS ACCORDING TO THE BEST INTEREST OF THE CITY. Bidder may restrict his bid to consideration in the aggregate by so stating, but must name a unit price on each item bid upon. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 6 of 53 2 . 8 Warranties for Usage: Whenever a bid is sought seeking a source of supply for a specified period of time for materials or services, THE QUANTITIES OF USAGE SHOWN IS ESTIMATED ONLY. No guarantee or warranty of any amount is given or implied by the City as to the total amount that may be purchased from any resulting contracts. 2.9 Prices to be Firm: Bidder warrants that bid prices, terms and conditions quoted in his submittal will be firm for acceptance for a period of ninety (90) days from opening date. 2.10 Description of Materials: Proposals for materials, supplies, vehicles, and /or equipment should be accompanied by copies of detailed factory specifications, ratings, technical data, including accurate descriptions of the exact materials, supplies, vehicles, and /or equipment on which bids are made. 2.11 Completeness: All information required by Invitation to Bid must be completed and submitted to constitute a proper bid. 2.12 Quality: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new (unless otherwise specified), the latest model, of the best quality, and highest grade workmanship. Vehicles and /or equipment shall be equipped with such necessary equipment complying with the Georgia State Law, but not including licensing. Also, materials must comply with all applicable Federal and State OSHA requirements in affect at the time of bid. 2.13 Acceptance of Material: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and /or services is made and therefore accepted to the satisfaction of the City. IN THE EVENT THAT THE MATERIAL AND /OR SERVICES SUPPLIED TO THE CITY IS FOUND TO BE DEFECTIVE OR DOES NOT CONFORM TO SPECIFICATIONS, THE CITY RESERVES THE RIGHT TO CANCEL THE ORDER UPON WRITTEN NOTICE TO THE SELLER AND RETURN THE PRODUCT TO THE SELLER AT THE SELLER'S EXPENSE AND TO INVOKE THE PROVISIONS OF SECTION 2.22. 2.14 Plant and Facility Inspections: The Purchasing Department may require the vendor to make his plant and facilities available for inspection; or may require additional information concerning the vendor's ability to perform compliant with the requirements of this specification. Failure to comply with this requirement may cause rejection of the bid package. 2.15 Guarantee: Unless otherwise specified by the City, the bidder shall unconditionally guarantee the materials and workmanship on all material and /or services. If, within the guarantee period any defects occur which are due to faulty material and or services, the bidder at his expense, shall repair or adjust the condition, or replace the material and /or services to the complete satisfaction of the City. These repairs, replacement or adjustments shall be made only at such time as will be least detrimental to the operation of City business. 2.16 Manufacture or Dealer Advertisement: No manufacturer or dealer advertising attachment shall appear on products delivered to the City without prior approval by the City of Augusta. 2.17 Brand Name: If and wherever brand names, makes, names of manufacturers, trade names, vendor catalogs or model numbers are stated, they are for the purpose of establishing a grade or quality of material. 2.18 "OR EQUAL" Interpretation: It is the vendor's responsibility to prove to the City that each bid item is equal to the grade or quality of material specified. On all such bids, the bidder shall indicate clearly the product (brand and catalog or model numbers) on which he is bidding, and shall supply a sample and sufficient data in detail to enable an intelligent comparison to be made with the particular brand or manufacturers specified. Failure to submit the required information will be sufficient grounds for rejection of bid. The City shall be the sole judge concerning the merits of bid submitted. If the vendor has any questions relative to whether his product is equal to the grade or quality of the product specified, he should resolve this issue at the pre -bid conference; however, if the extent of the discussion precludes resolution at the pre -bid conference, the vendor should contact the Procurement Director and resolve the issue prior to submission of bid. NOTHING HEREIN PRECLUDES TESTING AS SPECIFIED BY THE CITY. VENDOR SHALL BEAR EXPENSES OF TESTS. 2.19 Certified Test Report: Each bidder shall provide a copy of a certified test report prior to or with their sealed bids when specified. The certified test report shall be from a recognized independent testing laboratory or manufacturer's quality control laboratory showing all test results and full compliance with the appropriate specification indicated herein. However, the City will bear the cost of any independent tests or consultant services it so chooses to perform. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 7 of 53 r t al � 1 s 2.20 Sem tha be required , such and samples are onstration to be furnished after in the e date form of of s bid mples opening may only e upon requ request sted. of When the City unless otherwise stated in the bid proposal. If samples are requested, unless otherwise authorized, such samples must be received by the City no later than seven (7) days after formal request is made. The City may request full demonstration of any item(s) bid prior to the award of any contract. Bid samples shall be an exact and true representative sample of the actual material offered. Each bid sample shall be properly tagged or labeled with the name of the bidder and manufacturer, the bid opening date, and the bid number. Bid samples shall be provided at no additional costs to the City. Samples not used for tests will be returned to the bidder at the bidders' expense if so requested. Furthermore, the City reserves the right to secure additional check samples from the actual material supplied. In the event the check samples fail to conform to the contract requirements, the contractor shall immediately replace the portion of the delivered commodity with acceptable material conforming to the contract requirements at no additional cost to the City. 2.21 Liability: Where bidders are required to enter or go onto City of Augusta property to deliver materials or perform work or services as a result of bid award, the bidder shall be liable for any injury, damage or loss to the City occasioned by negligence of the bidder or his agent or any person the bidder has designated in the completion of his contract as a result of his bid and shall indemnify and hold harmless the City from any liability arising therefrom. When specified a certificate showing appropriate liability insurance coverage must be submitted to the Procurement Director prior to award of the purchase. In connection with its indemnification and Hold Harmless, bidder shall be required to notify its liability insurance carrier and the City of any and all claims for injury, damage or loss occasioned by the negligence or alleged negligence of the bidder (or his agent) or any person the bidder has designated in the completion of his contract. 2.22 Default Provision: The contract may be canceled or annulled by the City of Augusta in whole or in part by written notice of default to the Contractor upon non - performance or violation of contract terms. An award may be made to the next low bidder, for articles and /or services specified or they may be purchased on the open market and, the defaulting Contractor (or his surety) shall be liable to the City of Augusta for costs to the City in excess of the defaulted contract prices. The Contractor shall continue the performance of this contract to the extent any part is not terminated under the provisions of this clause. 2.23 Patent Indemnity: Except as otherwise provided, the successful bidder agrees to indemnify the City and its officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City of supplies furnished or construction work performed hereunder. 2.24 Certification of Independent Price Determination: By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: (1) The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any other bidder or to any competitor; (3) No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition; and (4) No agent or employee of the City of Augusta has been bribed in connection with this bid solicitation. 2.25 Award of Contract: The contract, if awarded, will be awarded to the most responsive and responsible bidder whose bid will be most advantageous to the City, price and other factors considered. The City will make the determination. 2.26 Local Vendor Preference: The City of Augusta has a local vendor preference policy which allows the lowest local bidder, (defined as within Augusta Richmond County), within 5% or $10,000, whichever is less, of the lowest non -local bidder, to match the bid submitted by the non -local bidder and therefore be awarded the contract. Vendors must complete the enclosed vendor's Certification form. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 8 of 53 t 2.27 Minority/Women Business Enterprise (MWBE) Policy: Court Order Enjoining Race -Based Portion of DBE Program. Disadvantage Business Enterprise (DBE) Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race -Based portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and /or DBE goals set by the Federal and /or State Agencies in accordance with State and Federal laws. 2.28 Qualified Vendor: A "Qualified Vendor" is defined for this purpose as one who meets, or by the date of bid acceptance can meet, all requirements for licensing, insurance and service contained within these specifications. 2.29 Compliance with Specifications - Terms and Conditions: The Invitation to Bid, Legal Advertisement, General Conditions and Instructions to Bidders, Specifications, Special Conditions, Vendor's Bid, Addendum, and /or any other pertinent documents form a part of this proposal and by reference are made a part hereof. 2.30 Signed Bid Considered Offer: The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the Commission of the City of Augusta, the City Administration or his designee. In case of a default on the part of the bidder after such acceptance, the City of Augusta may take such actions as it deems appropriate including legal action for damages or specific performance. 2.31 Notice to Proceed: The successful bidder shall not commence work under this invitation to bid until duly notified by receipt of contract signed as executed by the Mayor /Commission or Administrator or their designee (Clerk or Commission or the Procurement Director). If the successful bidder does commence any work prior to receiving official notification, he does so at his own risk. 2.32 Pre -bid conference and addendum: A conference to be conducted by the Purchasing Director and using agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of bids. While the pre -bid conference is not a requirement, it is strongly recommended and widely used to further acquaint interested bidders with the bid requirements and items to be purchased and vendor input. Any substantive changes to specifications resulting from the pre -bid conference or other vendor /contractor sessions shall be documented in an addendum and communicated to all bidders registered for the procurement action. Note: In the event of a MANDATORY PRE -BID CONFERENCE ALL INTERESTED VENDORS MUST ATTEND. 2.33 Bid opening. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the public notice and invitation for bids. The amount of each bid, and such other relevant information as the Procurement Director deems appropriate, together with the name of each bidder shall be recorded; the record and each bid shall be open to public inspection in accordance with § 1 -10 -5 (Public Access to Procurement Information). 2.34 Bid acceptance and bid evaluation. Provided that the bids are delivered to the Procurement Director at the time, place, and under the conditions contained in the Invitation for Bids, the bids shall be conditionally accepted without alteration or correction pending evaluation. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include bidder responsiveness, capability and past performance, and criteria to determine acceptability such as inspection, testing, quality workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objective and clearly measurable, including but not limited to discounts, transportation costs, and total or life cycle costs. The main advantage of using life -cycle costing is that both initial costs and related costs for the life of the item are considered. When the criterion for awarding the contract is based on lowest responsive bidder, it may mean that the contract specifications are just minimally complied with. Selecting of the lowest bidder could result in a higher incidence of maintenance, and down -time could eat up any savings made if the purchasing process considers only the initial cost. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 9 of 53 r 4 r t R 2.35 Employment Eligibility Verification: Georgia Security and Immigration Act of 2006 As of July 1, 2009, all contracts with Richmond County must have a certification from the Contractor that they comply with the Georgia Security and Immigration Act of 2006. This requires all those individuals, firms, contractors, consultants, etc., contracting with the County to execute the Contractor Affidavit and Agreement. If Sub - contractors are engaged, they are required to execute the Subcontractor Affidavit. These affidavits are attached for your convenience in compliance with this requirement. ATTACHMENT B — Prime Contractors Affidavit and Agreement Please note as Prime Contractor in accordance to the attached Contractor's Affidavit, I will accept the responsibility stated in the affidavit which states: "The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. " Subcontractor Affidavit and Agreement The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 10 of 53 SPECIAL CONDITIONS 3.1 County's Right To Amend Bid Solicitations Or Awards That Are In Violation Of Law. (A) Prior to bid opening or closing date for receipt of proposals. If prior to the bid opening or the closing date for receipt of proposals, the Procurement Director, after consultation with the Augusta - Richmond County Administrator, and the Augusta- Richmond County Attorney, determines that a solicitation is in violation of federal, state, or local law or ordinance, then the solicitation shall be canceled or revised to comply with applicable laws. (B) Prior to award. If after bid opening or the closing date for receipt of proposals, the Procurement Director, after consultation with the Administrator or his designee, and the Augusta- Richmond County Attorney determine that a solicitation or proposed award is in violation of federal, state or municipal law, and then the solicitation or proposed award shall be canceled. (C) After award. If, after an award, the Procurement Director, after consultation with the Administrator and the Augusta - Richmond County Attorney determines that a solicitation or award of a contract was in violation of applicable law, then the contract shall be revised to comply with applicable law. If Augusta- Richmond County is unable to revise the contract to comply therewith, the contract shall be terminated and declared null and void by the Augusta- Richmond County Commission. 3.2 Bonds: (Check where applicable) [X] (A) Each bidder shall post a bid bond, certified check or money order made payable to the City in the amount of 10% of the bid price. A company check is not acceptable. No bids shall be read or considered without a proper form of security. [ ] (B) No bond, certified check, or U.S. Money Order is required. [X] (C) Bidder shall post a payment / performance bond payable to the City in the amount of 100% of the bid price if awarded the purchase. Such bond(s) are due prior to contract execution as a guarantee that goods meet requirements of the contract including timely delivery, performance specifications and warranty requirements. Such bonds will also guarantee quality performance of services and timely payment of invoices to any subcontractors. [X] (D) Bidder shall post a performance bond in the amount of 100% of the bid price if awarded the purchase. Such bond(s) are due prior to contract execution as a guarantee of timely delivery and that equipment, materials and /or goods are delivered according to specifications. In accordance with Article 5 of the City's Code. Augusta Richmond County's code can be viewed in its entirety @ http: / /www.augustaga.gov /index.aspx ?NID =685 Guidelines & Procedures. 3.3 City License Requirement: Contractor must be licensed in the State of Georgia or by the Governmental entity for where they do the majority of their business. 3.4 Warranty Requirements: (Check where applicable) [ ] (A) Provisions of item 2.12 in regards to quality shall apply. [X] (B) Warranty required. [X] (a) Standard Warranty shall be offered with bid. [ ] (b) Extended Warranty shall be offered with bid. 3.5 Terms of Contract: (Check where applicable) [ ] (A) Annual Contract [X] (B) One time Purchase. [ ] (C) Other Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 11 of 53 LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM 4.1 General Principles This Ordinance and /or the codification hereof may be referred to as the "Augusta- Richmond County Local Small Business Opportunities Program Ordinance" ( "LSBOP "). 4.2 Objective Augusta- Richmond County is firmly committed to the principles of equal opportunity and in keeping with these principles, hereby sets forth a program and establishes a mechanism for developing, approving, and implementing procedures by which local small business enterprises shall be identified, informed and educated regarding opportunities for supplying goods, general services, and construction services required by Augusta- Richmond County, and providing for objectives for bidders to incorporate the use of Local Small Businesses as commercially useful sub - contractors, thereby promoting balanced economic and community growth throughout Augusta- Richmond County. The LSBOP is a race and gender - neutral program. 4.3 Policy It is the policy of Augusta- Richmond County that all necessary and reasonable steps shall be taken to ensure that local small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts funded by or through Augusta- Richmond County government. Further, the Augusta- Richmond County Commission has determined as a means to ensure full economic participation by small local business that a mechanism for developing, approving and implementing a LSBOP is required. Augusta- Richmond County has established the LSBOP to promote opportunities for certified Local Small Business to participate in Augusta- Richmond County's contracting and procurement activities by requiring contractors to utilize certified Local Small Businesses to perform commercially useful functions to the maximum extent possible and as economically feasible, as partners or subcontractors for service delivery or as suppliers of various goods required in the performance of a contract. This LSBOP is in addition to and shall not supplant the Local Preference Ordinance, Code §1 -10 -6. Augusta's Local Small Business Opportunities Program shall comply with federal and state requirements applicable to small or disadvantaged business, including but not limited to those requirements set forth by regulation by the Federal Aviation Administration, U.S. Department of Housing & Urban Development, and Georgia Department of Transportation. It is expressly recognized that such federal and state regulations preempt Augusta's regulations regarding this subject. 4.4 Local Small Business Vendor Information and Program Information: Please contact: Yvonne Gentry 501 Greene Street - Suite 304 Augusta, Georgia 30901 Office: (706) 821 -2406 Fax: (706) 821 -4228 The successful vendor will submit the required LSBOP forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received). Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 12 of 53 Re -Bid Item 10 -153A Pipe Replacement — Burning Tree Lane Due Date: Friday, October 29, 2010 at 11:00 A.M. Augusta Public Service Department Maintenance Division requests re -bids from qualified vendors to remove 160' x 36" of deteriorated CMP and replace with corrugated HDPE pipe. Site inspections are required by all prospective bidders to understand scope of work requested. All inquires must be directed to the Procurement Department by fax at 706 821 -2811 or by mail. The last day to submit questions is Tuesday, October 19, 2010 by 5:00 p.m. Scope of Work: This re -bid will include the removal and replacement of 160' x 36" failed CMP and replaced with corrugated HDPE pipe. Location of Project: 4015 Burning Tree Lane. Contract Period: This contract will begin upon award of low bidder satisfying all conditions herein and issuance of notice to proceed and extend for a 45 day period. Removal Schedule: The successful bidder will provide a construction update to the Public Services Department- Maintenance Division weekly. Quality Assurance: Re- Bidding on this contract shall be limited to individuals or companies actively engaged in the field of drainage and concrete construction. Bidders shall demonstrate competence, experience and financial capability to carry out the terms of this contract. Equipment and Personnel: All prospective bidders must possess or have available proper trucks, lifting devices, survey equipment, hand tools, and all other equipment necessary to perform work involved with removal and replacing pipes and asphalt operations. Ex A ee wfomd cmm o Richmond ecution County ll and quipment safety us standards d and all for demolition ork perr e and must installation oply of with pipe. The safety contractor requireents shall f be Augusta solely responsible for pedestrian and vehicular safety and provide warning devices, barricades, and flagman to provide safe work zones, protection, and warnings to persons and vehicular traffic. All safety practices are in accordance with ARC Risk Management policy and procedure. Clean Up: All work sites are to be cleaned of construction debris prior to work crews leaving the site for the day. All debris on public or private properties is to be removed daily. Supervisor: This contract will be under direct supervision of the City of Augusta Public Services Maintenance Division or its authorized representative. The contractor will also provide qualified supervision of all crews at all times while working under this contract. The contractor will accept all directives issued by the City of Augusta. Removal and replacement of pipe: Extreme care shall be taken so as to prevent damage to sidewalks driveways, and homes or other property both public and private. No debris will be left on site overnight and all debris should be promptly disposed of by contractor. Grade, Compact and Reseed: Any disturbance to property as a result of the construction must be graded compacted and reseeded or rip rap reinstalled. Requirements, Licenses and Insurance: Each qualified bidder shall supply proof of liability insurance and a valid business license Workman's Compensation policy. The contractor and equipment shall comply with all occupational Safety Health Act standards applicable to the work performed. The awarded contractor shall be responsible for all damages to people or property that occurs as a result of his fault or negligence associated with contract. The contractor also holds harmless the city for any damages accrued. Payment: Full payment will be made in 30 days when acceptance and completion is declared by the City of Augusta Public Services Department- Maintenance Division. Termination for Cause: The City of Augusta may terminate this contract upon 30 day written notice to contractors for the following reasons: 1. Refusal to supply properly skilled workers or equipment. 2. Persistent disregard to laws, ordinances and regulations of ARC. 3. Breach of provisions in this contract. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 13 of 53 4015 Burning Tree Lane Pipe Replacement ITB # 10 -153A INDEX TO CONTRACT Section Title Page P Proposal NA Notice of Award A Agreement PB Performance Bond 'Y LMPB Labor & Material Payment Bond ' COA Certificate of Owner's Attorney NP Notice to Proceed GC General Conditions SGC Supplemental General Conditions SC Special Conditions Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 14 of 53 It t t SECTION P PROPOSAL Date: Gentlemen: In compliance with your invitation for re -bids dated , 201o, the undersigned hereby proposed to furnish all labor, equipment, and materials, and to perform all work for the installation of i6o' of HDPE or line the existing pipe, and appurtenances referred to herein as: PIPE REPLACEMENT - BURNING TREE LANE RE -BID ITEM# io -153A In strict accordance with the Contract Documents and in consideration of the amounts shown on the Re -Bid Schedule attached hereto and totaling: DOLLARS (s ) The undersigned hereby agrees that, upon written acceptance of this re -bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within io calendar days after the date of written notice to proceed, and that he will complete the work within oo (ninety) calendar days. The undersigned acknowledges receipt of the following addenda: Addendum Number: Addendum Date: Respectfully submitted: (Name of Firm) (Business Address) By: Title: Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 15 of 53 , � PIPE REPLACEMENT - BURNING TREE RE -BID ITEM #io -i53A UNIT PAY ITEM DESCRIPTION UNITS QTY PRICE AMOUNT ooi -i000 FORCE ACCOUNT LS 1 500.00 500.00 150 -1000 TRAFFIC CONTROL LS 1 163 -0232 GRASSING AC .5 163 -0300 CONSTRUCTION EXIT EA 1 165 -003o MAINT. OF TEMP SILT FENCE, TP C LF 16o 171 -003o TEMPORARY SILT FENCE (TYPE "C ") LF 16o 201 -1500 CONCRETE STORM BOX LS 2 210 -0100 STORM DRAIN PIPE 36" HDPE LF 160 REMOVE AND REPLACE PRIVACY FENCE LF 25 REMOVE AND REPLACE CHAIN LINK FENCE LF 25 TOTAL: Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 16 of 53 SECTION NA NOTICE OF AWARD TO: H tv-(3 Pc, Pvrie t4, Ii Avg , G A �.:59c'9 PROJECT DESCRIPTION: 4015 Burning Tree Lane Road Pipe Replacement The Owner has considered the BID submitted by you for the PROJECT named above in response to its Invitation to Bids (ITB) due on You are hereby notified that your BID (Including Alternates ) has been accepted in the amount of rcoe( `f oyne,, 7k a, rive h A tim • - You are to execute the AGREEMENT (Section A) within Ten (10) calendar days from the date of this Notice to you. Furthermore, the Owner has elected to require Liability Insurance, a Contractor's Performance Bond (Section PB) and a Labor and Materials Payment Bond (Section LMPB). The price of said insurance and bonds is included in the contract amount stated above. If you fail to execute said Agreement and to furnish said Bonds and a Certificate of Insurance within Ten (10) working days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your PROPOSAL as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. Shop drawings and other submittals are due within thirty (30) calendar days of the issuance of this Notice of Award. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this da BY: .f .t~.c< — Dennis Stroud, Assistant Director Augusta Public Services Department Maintenance Division ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged on this day of , 2010. Y, BY: pJ,h 1,-1f0.5-ii, TITLE: 01A/// Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 17 of 53 [ SECTION A AGREEMENT THIS AGREEMENT, made this day of . by and between Augusta Georgia, a political subdivision of the State of Georgia, 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 the sufficiency which is hereby acknowledged, the parties agree to as follows: 1. The Contractor will remove and reinstall 36" x 160' failed CMP' replace with Corrugated HDPE. 2. All work is to be in accordance with in accordance with the specifications included in ITB# and related documents as listed in item 5 below. Project Summary: The project consists of the removal and replacement of a 36" x 160' storm water pipe. All debris, from the removal and the reconstruction must be hauled away by the contractor daily. PIPE REPLACEMENT: General Description Provide all labor, equipment and materials to completely remove and replace failed pipe, remove all debris from construction site daily. General Conditions Contractor must include all permits, supervision, temporary toilet, scaffolding, daily clean -up, final clean -up, dumpster, environmental surveys and builders risk insurance. Site Work Include removal of debris; take measures to eliminate the possibility of damage to adjacent properties. Finish Any disturbance to the property must be graded, compacted and reseeded. 2. The Contractor shall provide all labor, material, parts, engineering, licensing and certifications required by any applicable regulation. Furthermore, the Contractor will furnish all drawings, product data, material, supplies, tools, equipment, labor, traffic control and other services necessary for the construction and completion of the project described herein. 3. The Contractor will commence the work required by the Contract Documents within Ten (10) calendar days after the date of the Notice of Award and will complete the work within thirty (30) calendar days unless the period of completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all the work described in the Contract Documents for the sum of ($ ). 5. The term "Contract Documents" means and includes the following: Advertisement for Bids Invitation To Bid # Bid Bid Bond Notice of Award Agreement Performance /Payment Bonds Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in Five (5) counterparts, each of which shall be deemed an original on the date first above written. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 18 of 53 ' GINNER: AUGUSTA, GEORGIA ATTEST: • p t ! n..• � ocsesae --)0 ��o� B Y: NAME: il I f 's .. /if/, Y / ,. Ast ' O ;� (Mayor) n� Peke Copenhaver Ma t 1 tt p Y (Ion t `(Clerk) s • d C G " � 1. 1 3 L I CONTRACTOR: • 4 G,' 5, ,77777 S /�e�?!7 ATTE ilioo,,, BY: 1 , i- sv,.. (SEAL) NAME: 0 u)&) Tel j S NAME: (Type or Print) (Type or Print) TITLE: ()OVAL TITLE: ADDRESS: J b 1115 040 ill!' a 4iishot ?6 9tJ Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 19 of 53 ` L Bond #10-11716-PP BOND PREMIUM BASEL) Or` FINAL CONTRACT PRICE SECTION *B PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGES 7 -8, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That Jeffery Harris Trucking, Inc. , as Principal, hereinafter called Contractor, and First Sealord Surety, Ini corporation organized and existing under the laws of the State of PA , with its principal office in the City of Villanova , State of PA , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner, Twenty Nine Thousand Five Hundred and 00/100 in the penal amount of Dollars ($ 29,500.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated 11/11/10 entered into a contract with Owner for the 4015 Burning Tree Lane pipe replacement:. Pipe replacement must be in accordance with the specifications issued by the Richmond County Public Services Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT. then this obligation shall be null and void; otherwise it shall remain in full force and effect. • The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or, (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion 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 22nd day of November 2010 Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 20 of 53 I; Witness i ) L / L , i , ,1 Jeffery Harris Trucking, Inc. (Seal) (Contractor R Attest C,:).1., \'\? -- e By ,,iJ�/` p (Seal) (Title) Je ryr4, President Witne First Sealord Surety, Inc. (Seal) urety) By �� (Seal) Attest Jill....16,—.... _ _ y 1 (Title) Sam H. Newberry, Agent Kelly McLeod, orney-ln-Fact Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. i 1 i 1 I 1 ■ i Re -Bid 10-153A Pipe Replacement Burning Tree Lane Specs Page 21 of 53 i _ g r U Uri Bond #10- 11716 -PP r L °i !'} SECTION LMPB - LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGES 5 -6, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: First Sealord Surety,Inc. That Jeffery Harris Trucking, Inc. , as Principal, hereinafter called Contractor, and _, a corporation organized and existing under the laws of the State of PA , with its principal office in the City of Villanova , State of PA , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of Twenty Nine Thoc LJ a oifar " d 29,500.00 ) 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 11/11/10 , entered into a contract with Owner for 4015 Burning Tree Lane pipe replacement. in accordance with specifications issued by the Richmond County Public Services 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 void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1.) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or 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, Re-Bid 1C -153A Pipe Replacement Burning Tree Lane Specs Page 22 of 53 (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. Signed a • - = ed this 22nd day of November 2010 • Witness 4 , ,A c, Jeffery Harris Trucking, Inc. (Seal) (C4 ntractor) Attest 1k By : -1 �'��. (Seal) itle) Je ry a�ri, President Witness ► 1 ' First Sealord Surety, Inc. (Seal) ty) n� Attest By eal) (Title) SAM H. NEWBERRY, AGE T Kelly McLeo ttorney -In -Fact Note: Date of Bond must be prior to date of Contract. tf Contractor is Partnership, all partners should execute Bond. Re-Bid 1 D -153A Pipe Replacement Burning Tree Lane Specs Page 23 of 53 • First Sealord Surety, Inc. Power No: ATL- 0353 -10 -10097 Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the "Company ") has made, constituted and appointed, and by these presents does make, constitute and appoint Sam H. Newberry, Shoni Trammell, Traci OSullivan, Dawn Albright and /or Kelly McLeod all of Atlanta, Georgia its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: * * * * * * * * ** Not To Exceed Five Million Dollars ($5,000,000.00) * * * * * * * * ** Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Corporation on April 7, 2003 with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12 -1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney - in -Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative. The authority of such Attorney -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment" IN WITNESS WHEREOF, First Sealord Surety, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 20th day of January, 2004: � '� ^� First Sealord Surety, Inc. /5 te" .- (Seal) ° isw.p . Attest: (� By Gary L. Bragg, Secretary Joel D. Cooperman, Vice President Commonwealth of Pennsylvania County of Montgomery On this 22 day of April, 2010, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., satisfactorily proven to be the person whose name is subscribed to this instrument (driver's license), who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he - 11 knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such core ^rm +o cant +no+ I+ ,., � mffivorr h„ mrA.r ref +hc Board of Directors of said Corporation; and that he signed his name thereto as Vice President of saic ' +ate of Petnsyvania + fC)fi> - NOTARIAL. SEAL - County of Defawa -rep Y Or ,� R 'YI'�N..tAF E Natty Put Public 4z Nota ry Public Radnor TwP., .DelawareCounty - (Seal) s CERTIFICATE M yuenlfiiS6ion�, 23 2012 1'. the_tlriders Secretary otiFirst Sealord Surety, Inc. do hereby certify that the original Power of r,t,...,c „ . ,,,,v o..v correct cdpy,,� is in fulrfdr9e arib effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one offthe Offices butljnrized by the Board of Directors to appoint an Attorney -in -Fact as provided in Section 12 -1 of the By -Laws of First Sealord Surety, Inc.- This - Certificate' may be signed and sealed by facsimile under and by authority of the following provisions of the By -Laws of First Sealord Surety, Inc.' "Section 12 -2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12 -1 of the By -Laws appointing and authorizing an Attorney -in -Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12 -1, with like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this day of hI aVGWt � �i1r " , 201b This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here 10-1R t OPP ), the bond number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent. (seal) Gaigr L. Bragg, ecretary First Sealord_SILretti_POA doc (Ed 01/2012004) CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned A h ( CC Yl �a YI Zi th e authorized and acting legal representative of Augusta, Georgia, do hereby certify as follows: I have examined the attached Contract(s) and Surety Bonds, and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. County Attorney Augusta, Georgia DATE: V 2 /// Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 24 of 53 SECTION NP NOTICE TO PROCEED TO: DATE: `�` mq Cep -buts �zv1 o C�� 4y:3 Av G4 ?ogo9 PROJECT: 4015 Burning Tree Lane pipe Replacement You are hereby notified to commence work in accordance with the Agreement dated This Notice accompanies the accepted Shop Drawings. On site work is to begin on the first tree within ten (10) consecutive calendar days following this date, the date first written above. You are to complete the work within withirr thirtyllitconsecutive calendar days after the date of this notice, the date first written above.. The da set .i completion of all work is therefore _ yJ BY: c__1 Dennis Stroud, Assistant Director Augusta Public Services Department Maintenance Division ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged on this day of BY:,tA}v„ TITLE: O [ 4 Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 25 of 53 SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section Page GC -01 Definitions GC -02 Additional Instructions and Detail Drawings GC -03 Schedules, Reports and Records GC -04 Drawings and Specifications GC -05 Shop Drawings GC -06 Materials, Services and Facilities GC -07 Inspection and Testing GC -08 Substitutions GC -09 Patents GC -10 Surveys, Permits and Regulations GC -11 Protection of Work, Property and Persons GC -12 Supervision by Contractor GC -13 Changes in the Work GC -14 Changes in Contract Price GC -15 Time for Completion GC -16 Correction of Work GC -17 Subsurface Conditions GC -18 Suspension of Work, Termination and Delay GC -19 Payments to Contractor GC -20 Acceptance of Final Payment as Release GC -21 Insurance GC -22 Contract Security GC -23 Assignments GC -24 Indemnification GC -25 Separate Contracts GC -26 Subcontracting GC -27 Engineer's Authority GC -28 Land and Rights -of -Way GC -29 Guarantee GC -30 Taxes GC -31 Work Adjacent to Railway or Other Property GC -32 Order and Discipline GC -33 Warning Devices and Signs GC -34 Special Restrictions GC -35 As -Built Drawings GC -36 Allowances Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 26 of 53 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 or proposal for the work. 4. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. 6. CONTRACT DOCUMENTS: The contract including, but not limited to, Request for Proposals, Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Order, General Conditions, Supplemental General Conditions, Special Conditions, Technical Specifications, Drawings and Addenda. 7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion of the work. 9. LIFE OF THE CONTRACT: The total duration of the Contract from Notice to Proceed to completion of all the work. 10. CONTRACTOR: The person, firm or corporation with whom the Owner has executed the Agreement. 11. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 12. ENGINEER: The person, firm or corporation named as such in the Contract Documents. For purposes of this contract, the Assistant Director of Public Services Department, Maintenance Division or his designated representative shall act as the Engineer. 13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time issued by the Engineer to the Contractor during construction. 14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 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: For purposes of this Request for Bids, the Owner is Augusta, Georgia. 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 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. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 27 of 53 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. 26. WRITTEN NOTICE: Written notice to any party of the Agreement relative to any part of this Agreement. Said Notice is considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. GC -02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS: 1. The Contractor may be furnished additional instructions or detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. 2. Any 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 carry on the work, including dates at which he will start the various parts of the work, estimated date of completion of each part and as applicable: 2.1 the dates at which special detail drawings will be required; and 2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. 3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work. GC -04. DRAWINGS AND SPECIFICATIONS; 1. The intent of the Contract Documents is to describe the scope of work for which the Contractor shall furnish all design, labor, materials, tools, equipment and transportation necessary for the proper execution. All work is to be in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by the Owner is to be included. 2. In case of conflict between any drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies, inconsistencies, or ambiguities found between the Contract Documents and site conditions shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 28 of 53 i t 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways. Should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. 5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to 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 design drawings, shop drawings and product data for all components as may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing that deviates substantially from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawings or sample submission shall not commence until the shop drawings or submissions have been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC -06. MATERIALS, SERVICES AND FACILITIES: 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature necessary to execute, complete and deliver the work within the specified time. 2. Materials and equipment shall be stored so 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, inspection and certification 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. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 29 of 53 4 4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval. 5. Neither observation by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents. 6. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. 7. If any work is covered contrary to the written request of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense. 8. If any work has been covered which the Engineer has not specifically requested to observe prior to its being covered or if the Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to be defective, the Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate change order shall be issued. 9. The Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be done or materials used without suitable supervision and inspection by the Engineer. The Contractor shall furnish the Engineer with necessary samples of material for testing purposes. GC -08. SUBSTITUTIONS: 1. When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Documents shall be appropriately modified by change order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC -09. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the 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. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 30 of 53 • GC -10. SURVEYS, PERMITS AND REGULATIONS: 1. The Owner shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of benchmarks adjacent to the work as shown in the Contract Documents. From the information provided by the Owner, unless otherwise in Dmn, the Contractor e a l ake surveys needed for construction the Contract such as slope stakes, batter boards dev , stakes lo for nd pile ma locations all detail and sury othe working specified points, lines, elevations ocu and e cut ts sheets. 2. The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. 3. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section GC -13, Changes in the Work. GC -11. PROTECTION OF WORK, PROPERTY AND PERSONS: 1. The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site or other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 2. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He will notify the owners of adjacent properties when prosecution of the work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby and a Change Order shall be issued covering the changes and deviations involved. 4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and accepted, except to damage or injury caused directly by the Owner's agents or employees. GC -12. SUPERVISION BY CONTRACTOR: 1. The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on the behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 31 of 53 GC -13. CHANGES IN THE WORK: 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineer written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. GC -14. CHANGES IN CONTRACT PRICE: 1. The contract price may be changed only by a change order. The value of any work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: 1.1 Unit prices previously approved. 1.2 An agreed lump sum. 1.3 The actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. GC -15. TIME FOR COMPLETION: 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 2. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. GC -16. CORRECTION OF WORK: 1. The Contractor shall promptly remove from the premises all work rejected by the Engineer for failure to comply with the Contract Documents, whether incorporated in the construction or not and the Contractor shall promptly replace and re- execute the work in accordance with the Contract Documents and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. 2. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the Owner may remove such work and store the materials at the expense of the Contractor. 3. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall not be construed to be an acceptance of any defective work or material. The Contractor shall remove, at his own expense and shall rebuild and replace same without extra charge and in default thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer shall not consider the defect of sufficient importance to require the Contractor to rebuild or replace any imperfect work or material, he shall have the power and is hereby authorized to make an equitable deduction from the stipulated price. GC -17. SUBSURFACE CONDITIONS: 1. The Contractor shall promptly and before such conditions are disturbed, except in the event of an emergency, notify the Owner by written notice of: 1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 32 of 53 1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. 2. The Owner shall promptly investigate the conditions and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required, for performance of the work, an equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given the required written notice; provided that the Owner may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. GC -18. SUSPENSION OF THE WORK, TERMINATION AND DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. 2. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. 3. The Contractor must obtain permission from the Engineer before any equipment can be removed from the job site. In the event such equipment is removed without the Engineer's approval, the job will be terminated until such time as the equipment is returned to the project and any time and money lost by the Contractor as a result of moving the equipment shall be absorbed by the Contractor. 4. Where the Contractor's services have been so terminate by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 5. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. 6. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority of the Engineer fails to act on any request for payment within thirty (30) days after it is submitted or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make any payment Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 33 of 53 as aforesaid, the Contractor may, upon ten (10) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. 7. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if no time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. GC -19. PAYMENTS TO THE CONTRACTOR: 1. Between the first (1st) and the fifth (5th) of each month, the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the Contractor on an approved form covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect his interest therein, including applicable insurance. The Engineer will, within ten days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner will, within ten days of presentation to him of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The Owner shall retain ten (10%) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. The Owner at any time, however, after fifty (50 %) percent of the work has been completed, if he finds that satisfactory progress is being made, may reduce the retained percentage to five (5 %) percent on the current and remaining estimates. On completion and acceptance of a part of the work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. 2. The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored and insured either at or near the site. 3. All work covered by partial payment shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work, material and equipment upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the Contract Documents. 4. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the final payment request that the work has been accepted by him under the conditions of the Contract Documents. The entire balance found to be due the Contractor, including the retained percentages shall be paid to the Contractor, except such sums as may be lawfully retained by the Owner for saving the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, tools and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 34 of 53 • 5. If the Owner fails to make payment 30 days after approval by the Engineer, in addition to other remedies available to the Contractor, there may be added to each such payment, interest at a maximum rate of 1% per month commencing on the first day after said payment is due and continuing until the payment is received by the Contractor. GC -20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE: 1. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or otherwise, shall not release the Contractor or his Sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. GC -21. INSURANCE: 1. The Contractor shall purchase and maintain during the life of this Contract such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's execution of the work, whether such execution by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 1.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor or (2) by any other person; and 1.5 Claims for damages because of injury to or destruction of tangible property, including Toss of use resulting therefrom. 2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the work. These Certificates shall contain a provision that coverage afforded under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been given to the Owner. 3. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. 3.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of liability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $500,000 for any such damage sustained by two or more persons in any one accident. 3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations under the Contract Documents to fully complete the Project. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 35 of 53 Y a i• 4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. 5. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be Tess than One Million Dollars ($1,000,000.00). The policy shall cover not less than the losses due to fire, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke during the contract time and until the work is accepted by the Owner. The policy shall name as the insured the Contractor, the Engineer and the Owner. 6. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with a Certificate of Insurance confirming coverage in the amounts set forth above at a minimum. GC -22. CONTRACT SECURITY: 1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC -23. ASSIGNMENTS: 1. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written consent of the other party. GC -24. INDEMNIFICATION: 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorneys fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 36 of 53 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC -25. SEPARATE CONTRACTS: 1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. 2. The Owner may perform additional work related to the Project by himself or he may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of the work and shall properly connect and coordinate his work with theirs. 3. If the performance of additional work by other Contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the Owner or others involves him in additional expense or entitles him to an extension of the contract time, he may make a claim therefor as provided in Sections GC -13 and GC -14. GC -26. SUBCONTRACTING: 1. The Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50 %) percent of the Contract Price, without prior written approval of the Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. GC -27. ENGINEER'S AUTHORITY: 1. The Engineer shall act as the Owner's representative during the construction period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution of the work. Inspections may be made at the factory or fabrication plant or the source of material supply. 3. The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 37 of 53 GC -28. LAND AND RIGHTS -OF -WAY: 1. The Owner shall provide the Contractor information which delineates and describes the land owned and right -of -way acquired. 2. The Contractor shall provide at his own expense and without liability to the Owner any additional land or building and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC -29. GUARANTEE: 1. The contractor shall provide a warranty on all work, materials and equipment incorporated into this project. The warranty period shall not be less than one (1) year from the date of completion and shall cover parts and labor. GC -30. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. GC -31. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY: 1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner or of other railways, persons, or property, the work shall be so conducted as not to interfere with the movement of trains or other operations of the railway, or, if in any case such interference be necessary, the Contractor shall not proceed until he has first obtained specific authority and directions therefor from the proper designated officer of the Owner and has the approval of the Engineer. GC -32. ORDER AND DISCIPLINE: 1. The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the workout with the Engineer's written consent. GC -33. WARNING DEVICES AND SIGNS: 1. The Contractor shall furnish, erect, paint and maintain appropriate warning devices in and around the construction area. GC -34. SPECIAL RESTRICTIONS: 1. Construction activities shall occur at times that will minimize disruption to ongoing operations within the building. Because of the nature of operations, sound and sound transmission are a particular concern and some activities may need to be scheduled outside normal working hours. Any such activities must be coordinated through the Richmond County Tax Commissioner and the Assistant Director of Public Services, Facilities Management Division. GC -35. AS -BUILT DRAWINGS: Not Used for this Project GC -36. ALLOWANCES: - Not Used for this Project Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 38 of 53 SECTION SGC INDEX TO SUPPLEMENTAL GENERAL CONDITIONS SECTION TITLE SGC -01. Contractor's Breakdown of Lump Sum Payment Items SGC -02. Prior Use By Owner SGC -03. Cleaning Up SGC -04. Maintenance of Traffic SGC -05. Maintenance of Access SGC -06. Erosion Control and Restoration of Property SGC -07. Safety and Health Regulations SGC -08. Pre - Construction Conference SGC -09. Settlement of Disputes SGC -10. Open Records Act SECTION SGC SUPPLEMENTAL GENERAL CONDITIONS SGC -01. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of design, equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. SGC -02. PRIOR USE BY OWNER: Prior to completion of all the work, the Owner may take over the operation and /or use of the incomplete project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as final acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC -03. CLEAN -UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. Periodic cleaning will be scheduled by a representative of the owner. SGC -04. MAINTENANCE OF TRAFFIC AND OPERATIONS: The Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and /or passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. Detours and traffic controls are to be reviewed by Traffic Engineering before implementation. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 39 of 53 a , . SGC -05. MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to the establishment during all times it is normally open for business. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked. SGC -06. EROSION CONTROL AND RESTORATION OF PROPERTY: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. This work should included protective measures in places before land disturbing activities begin in accordance with Federal, State and Local Ordinances covering soil erosion and siltation prevention. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. SGC -07. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational, Health and Safety Act of 1970 (PL31 -596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91 -54). SGC -08. PRE - CONSTRUCTION CONFERENCE: A pre- construction conference may be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents. SGC -09. SETTLEMENT OF DISPUTES: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, U.S.A. All claims, disputes and other matters in question between Licensee and Icon Software Corporation arising out of, or relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. Contractor, by executing this Agreement, specifically consents to venue and jurisdiction in Richmond County, Georgia and waives any right to contest jurisdiction and venue in said Court SGC -10. OPEN RECORDS ACT: Contractor acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records Act (O.C.G.A. § 50- 18 -70, et seq. Contractor shall cooperate fully in responding to such request and shall make all records, not exempt, available for inspection and copying as required by law. SPECIAL CONDITIONS SC -01. LICENSE: The successful bidder shall have a current Business license during the term of this contract. The license shall be purchased form the Business License and Enforcement Department. SC -02. COORDINATION OF WORK: The Contractor shall coordinate his work with the Traffic Engineering Section of the Augusta Engineering Department and the Richmond County Sheriff's Department as required for traffic control. All construction shall be in accordance with the contract documents and applicable codes and regulations. SC -03. OPERATION AND STORAGE AREAS: The nature of this project does not provide for secure storage on the job site. The owner will not be responsible for providing security for any stored materials, on site or off. SC -04. PRESERVATION OF EXISTING VEGETATION: The Contractor will preserve and protect existing vegetation such as trees, shrubs and grass on or adjacent to the site which do not unreasonably interfere with the construction as may be determined by the Engineer. SC -05. CLEAN -UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish. Upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish and surplus materials to the satisfaction of the Engineer. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 40 of 53 . , G E' 0 R G I A Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program but rather pursuant to its code of ordinances, this local government operates instead a Local Small Business Opportunity Program REV. 10/21/09 Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 41 of 53 G E 0 R G I A USE THE ATTACHED FORMS AND ADHERE TO THE INSTRUCTIONS ON EACH FORM PLEASE DO NOT SUBSTITUTE FORMS: Attachment B: Statement of Non - Discrimination, Non - Collusion Affidavit of Prime Bidder /Offeror, Conflict of Interest and Contractor Affidavit and Agreement. Bidder's Form /Acknowledgement of Addenda Note: THE ABOVE FORMS MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL Georgia Security and Immigration Subcontractor Affidavit Non- Collusion Affidavit of Sub- Contractor Local SmaII Business (LSB) Good Faith Efforts Local SmaII Business (LSB) Subcontractor /Supplier Utilization Plan Note: The successful vendor will submit the above forms to the Procurement Department not later than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote the date forms are to be received) The Exception Sheet (if applicable) Local Vendor Preference (if applicable) Note: Use Only If Applicable Local Small Business (LSB) monthly subcontractor /supplier utilization report will be submitted upon request Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Rev. 3/10/2010 Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 42 of 53 G E O R G I A Attachment B Listed below is a consolidated listing of the Statement of Non - Discrimination, Non - Collusion Affidavit of Prime Bidder /Offeror, Conflict of Interest and Contractor Affidavit and Agreement. Please complete, date, notarize and return pages 1 - 3 of Attachment B with your submittal. Statement of Non - Discrimination The undersigned understands that it is the policy of Augusta- Richmond County to promote full and equal business opportunity for all persons doing business with Augusta- Richmond County. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by Augusta - Richmond County. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor /supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses, in conformity with Augusta- Richmond County's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding /contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of non - discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; That the promises of non - discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling the City of Augusta to declare the contract in default and to exercise any and all applicable rights remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 43 of 53 � t Attachment B - Page 2 of 3 Non - Collusion of Prime Bidder /Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conflict of Interest By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this ITB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub - consultant(s) has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 44 of 53 • s Attachment B - Page 3 of 3 Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13 -10- 91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in 0.C.G.A 13- 10 -91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. Georgia Law requires your company to have an E- Verify *User Identification Number on or after July 1, 2009. For additional information visit the State of Georgia website: https: / /e verify.uscis.gov /enroll/ and /or http: / /www.dol.state.ga.us /pdf /rules /300 10 1.pdf E- Verify * User Identification Number The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta Richmond County Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. 1, further understand that my submittal will be deemed non - compliant if any part of this process is violated. Company Name BY: Authorized Officer or Agent (Contractor Signature) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 NOTARY SEAL Notary Public My Commission Expires: Please complete, date, notarize and return pages 1 -3 of Attachment B with your submittal REV. 11/13/09 Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 45 of 53 4 F G E OR G IA C � BIDDER'S FORM /ACKNOWLEDGEMENT OF ADDENDA City of Augusta Procurement Department 530 Greene Street, Suite 605 Business Locations: (Check One) Augusta, Georgia 30901 Augusta Richmond County ATTN: Procurement Director Other Name of Bidder: Street Address: City, State, Zip Code: Phone: Fax: Email: City License Requirement: Contractor must be licensed in the State of Georgia or by the Governmental entity for which they do the majority of their business. Do You Have A Business License? Yes: No: Licensed By What State, City & County Business License #: Fed Tax Id #: Acknowledgement of Addendum: Check and Initial the appropriate box: Addenda 1 Initial Addenda 5 Initial Addenda 2 Initial Addenda 6 Initial Addenda 3 Initial Addenda 7 Initial Addenda 4 Initial Addenda 8 Initial THE UNDERSIGNED PROPOSES TO FURNISH THE FOLLOWING ITEMS IN STRICT CONFORMANCE TO THE BID /RFP /RFQ SPECIFICATIONS AND BID /RFP /RFQ INVITATION ISSUED BY THE CITY OF AUGUSTA FOR THIS BID /RFP /RFQ ANY EXCEPTIONS ARE CLEARLY MARKED IN THE ATTACHED COPY OF BID /RFP /RFQ SPECIFICATIONS: Signature: Date: THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL REV. 11/13/09 Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 46 of 53 i G E OR GI A STATE OF GEORGIA - COUNTY OF RICHMOND BID /RFP /RFQ# SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in O. C. G. A 13- 10 -91. E- Verify * User Identification Number Company Name BY: Authorized Officer or Agent (Contractor Signature) Title of Authorized Officer or Agent of Contractor Georgia Law requires your company to have an E- Verify *User Identification Number on or after July 1, 2009. Printed Name of Authorized Officer or Agent For additional information: State of SUBSCRIBED AND SWORN BEFORE ME ON THIS THE http: / /www.dol.state.ga.us /pdf /rules /300 10 1.pdf https: / /e- verify.uscis.gov /enroll/ DAY OF , 20 Notary Public My Commission Expires: NOTARY SEAL If there are no subcontracting opportunities the form must be executed (write N /A, sign, date and notarize). Note: The successful vendor will submit the above form to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) REv.12/30/09 Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 47 of 53 L G E OR G I A In accordance with the Laws of Georgia, the following affidavit is required by all vendors NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. Affiant further states that pursuant to O.C.G.A. Section 36 -91 -21 (d) and (e), has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. Affiant further states that the said offer of is bona fide, and that no one has gone to any supplier and attempted to get such person or company to furnish the materials to the bidder only, or if furnished to any other bidder, that the material shall be at a higher price. Signature of Authorized Company Representative Title Sworn to and subscribed before me this day of , 20 Notary Signature Notary Public: (Print Name) County: Commission Expires: NOTARY SEAL If there are no subcontracting opportunities the form must be executed (write N /A, sign, date and notarize). Note: The successful vendor will submit the above form to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) REv.12 /30/09 Re -Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 48 of 53 § \ ±o, /° 0 \/ n f o n o . 0 : \ / - . / c0 - 4 - E Ga k m 3r @ a) « u = \ ° a - CL 5 'a 0 . a O / m ct & 2 . \ . / § \ =2$ . . ■ ci 2 ■ $ 11 § I- w D ug ME t < 0 . 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J (7 v Q d a a 2 o o m ° e a ns F w 0 z __. - Q 2 V V 0 05 . Z w c O V) J 0 F d co F- W N W Q' O: v) < v 0 p a Ma < H Ct M Z W w zu, o 0 U 0. < ci2 • G E 0 R G I A L ��� i � • � EXCEPTION SHEET If the commodity (ies) and /or services proposed in the response to this bid is in anyway different from that contained in this proposal or bid, the bidder is responsible to clearly identify by specification section number, all such differences in the space provided below. Otherwise, it will be assumed that bidder(s) offer is in total compliance with all aspects of the proposal or bid. Below are the exceptions to the stated specifications: Date Signature Company Title Return with submittal if the commodity and /or services proposed in the response to this bid are in anyway different from that contained in the specifications. REv.8 /31/09 Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 52 of 53 ' • 1 4 9 G E' O R G I A Certification Statement Local Vendor Preference I certify that my company meets all of the following qualifications to be eligible for the local vendor preference: (1) That my company has a fixed office or distribution point located in and having a street address within Augusta for at least six (6) months immediately prior to the issuance of the request for competitive bids or request for proposals by Augusta; and (2) That my company holds any business license required by the Augusta Richmond County Code for at least 6 months. (3) That my company employs at least one (1) full time employee, or two (2) part time employees whose primary residence is in Augusta, or if the business has no employees, the business shall be at least fifty percent (50%) owned by one or more persons whose primary residence is in Augusta. (4) Attached is a copy of my Augusta Business License. Company Name: Address: Business License Number Phone Number: Fax Number: Owner's Name: Signature: VENDOR DO NOT COMPLETE To be completed by Authorized City Representative from Augusta Richmond County Procurement Department: Vendor Certified: Date: Authorized City Representative Signature Bid 10 -153A Pipe Replacement Burning Tree Lane Specs Page 53 of 53 Tg 7