HomeMy WebLinkAboutHARRIS TRUCKING AND CONSTRUCTION FOR NATIONAL AVE @SAVANNAH ROAD PIPE REPLACEMENT PROJECT ��
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NATIONAL AVE @ SAVANNAH ROAD PIPE REPLACEMENT
PROjECT NUMBER: N jA
Tables of Contents
Invitationto Bid ...............................................................................................................
Instructionto Bidders ...............................................................................1B1- iB3
Georgia Prompt Pay Act ....................................................................................PPA -1
Addendum(s) ...................................................................................................................
Agreement ..........................................................................................................Ai - A3
BidForm ......................................................................................................................P1
GeneralConditions ......................................................................................GC1- GC38
SupplementalGeneral Conditions ..........................................................................1-2
Contractor's Statements:
➢ Attachment B
• Contractor's Statement of Non-Discrimination .......................
• Non-collusion of Prime Bidder/Offeror .......................
� Conflict of Interest Statement .......................
• Contractor's Affidavit and Agreement Statement .......................
➢ Bidder's Form/Acknowledgement of Addenda .......................
➢ Subcontractor's Affidavits .......................
➢ Non-collusion AfHdavit of Subcontractor .......................
➢ Good Faith Efforts —Subcontractor & Supplier ConCact Form .......................
➢ LSB Subcontractor/Supplier Utilization Plans .......................
➢ Contractor's Bonds/Insurance .......................
: ..,�... .�., .�
U tI It L 1 A
CITY OF AUGUSTA, GEORGIA
OFFICE OF THE AROCUREMENT DtRECTOR
530 GREENE STREET SUITE b05
AUGUSTA, GEORGlA 30901
(706)821-2422
W Ww.$LiL�ttSC�SB.gOv
DATE: J�tuary 1Z, 2011 B1D NO. 11-096
8U0.lLCT: itn►itstion to �d ort the f0lk�rir+9 equi�ment� suPpiY, arxl/or sarv'rc;es.
MAME OF B�: Natlo+trM Aw. � Nwv 8a�t�t►ttsh Itd R�ps Rtplar.a�ent ftu Pubi� 8�rvka� -
M�r�rnanca D�vGrMn
Thi� is�r ex�s to your Fi�m an in�n to suanit a bid ta a�p1Y the City� of Au�,afa wii�h equipm�r�t,
auppli�, andltu serrrice� �r indic�ed aboue. Sea�ed bids for the at�ova tvi� ��ived at the Offi� o� the
Cityy Prpdr�nent Clirscxo►, 530 C3reeno Sdre� - Sutta 605, the Municip�V Bu�dir�, Augusta, C3e�o�ia, up to
3:OQ p,m. on Thursdsyr� p�► �4. Z011, at wh� time, b+ds �t1 ba o�r�ed and put�+dy ►�d. The
Board o� C�nm�ion tt�e �ht to roject sny sns! afl bid� and to vva�ive form�lities.
IMtructfons for p�on and subcnissi� � a bid-proposaf �re ca�tained in the att�h+�d p�ck+�t. P�ease
not� ttu�t ap�c#ic forms for aubmissbn of a bid proQc�s�l are roqu�ed. Bids musi be typed or �M�ed in ink. if
yau do rwt b�d� ne�rn �igned b�ci invit�tion shest and stete r�ea�. Alaa� t�Nase cla�tly mark t� autskh
t�f your �r�vNop� ss "No Bid."
Any c�tart�qes aD tl'u cwr►d�ions and specifications must be in tt►e form ol a written axldendum ta bs v;�id;
the�on, tM CKy v�ll is�us � aritEen �ldenc{�m ta docurnant aH approv�d changes. Any bld s�l�d
wh�h do�s �t acknow�d� � n�ipt d+m add�rHdum wlil n� 1» c�nskl�nd,
Ths City � Aup�is seNcs to ensuro that ail segrrt�ts �f �e t�sit�esa ccxnmuc�ity hav� ac�eas to suPP�Y+�9
ths pooda e�x! a�rv� �s�d by Gity pro�ams.
Doing busir�sss w�t� Au�t� h!� becorne essle�t The nevr IIR�Bid Gnk, which is iocateii on !he
Pnocure►nettt Dep�abt�Mt'� �s st �l�qy�� e�blss y� to vf�v curr�tt a�d psst pub�c t�d
�forma�on oMine, 3ho�! you hsve anY c�setiar�s cxsnceming the bid documer�ts, or need sddkionat
ir�fame�for�, Y� n'►sY ca� s m�nb� W Nie Bid and C�ntraet T�m dtrectly � 708 821-2422. A roe�qc�est
for bid �wm�ents must b� T�ud ��tN! 3Z1-�17 .
A Bid propos� trom ya� Firrn a+i� be a�eci�ed.
Sir�xely yours,
Y�'
C�I A. Sans
Procwement D�
��l��_15t 'td
Ss�1ed b�s wf� bs rec�ved � t#� affiee unt� 3:00 p.m. Thurad8y, Fetxue�y 24, 2011 fa ft�nushing:
Bid �n+ �"11-0l4 8�nnin� Driw R� R�plac�at for P�ic S�rvic� - Mainbn�rw� Wvl�bn
Sid �t �11-OYa � JA�wrnN d,Ftsw S�v�n�h Rwwd Pia► R�acsnMnt for Pu�{b lh�vb� -
MsMt��p pivislon
�I tam i'i9-0�7 Mhic�Rrid Pl�ere Pip� It�pisrwrn�nt fcr P�lic 8srvie� - M�nc� D�bn
Sid llan� �'1 t-� Mor�A Ro�d � A�n! tor Pt�iic 8�rvie� - MaMb�tnc� DIvM�iat
Bid� rv+li be reosh%d bY Auyusts, GA Commisskm �rtafter re#erred to � the CWYNER at the � a�:
C�eri A. S�ns
Proix,�nent Department
530 Greene Strest - Roan 805
Aupusts� t3eorgia �90i
708-821 •2422
Bk! dxurr�ts rtay be viaare�d on tt�e Au�ata R�x�rond C.cwrny vwb site txxlar tt�e F'rocun�rient D�ep�rtrr�ar�
ARt�id. Bld n»y ba ob�ed at tl�s o�c� of the /U,�tuts, GA Pra�cw+sment L�Spert+�rtit, 5� Cree�e
Strost - R+Dam 8�i, Atttpu�s, C�A 3U9t)1. Docwrr� tney bs s�tr�e0 dtp�p ropuler business hours at a'►e
o�s o! AuQt�. GA P�'�nun�n� t��iml�nt. A iM�tt�taty �+e B�d CoMrr+�r� wili b� hrld on Ftidsat.
F�brt�t 4� �011 � 1Q.'1�0 �.m. ��N Proc+awrNtnt D�pa�tre�nt� S30 t3r�ni �tr�st� Rovm 6�6. AN
qtastloiti� mta� b. in wr�p by t�x ta 7od eZ�f-�1� or t� +nq�N to
f��t�1G ��' �Wl�ti��Q�lt �� oMhaa d tM Proeu�rNnt O�rtmfr� by Tu�dty� F�r 6.
2011 � 5:00 M�.�. Ab bid wNl bs by huc. afi must b�e receiwd by � ar ha�d delhrerod.
Tho locd blddir p� P�h+ K�#o th� pnoj�cl. To b� app�owd � a bcal Wdd�r �
r�cNvr t�d � a�► sn s�N bcN p�ol�, � c�ion a�+�nt as s Mcat bidd�r and aN
supportinp dOCem1� rnust bi submtlbd Eo th+i PraGUnnMt�t Or�t w►Ith yo� bexwrlfdi b1d
P��iN•
r�o Bid n�ay e. wra,c�swr� tr�r a p�bd or �o eaya ��me � r,�n cs�ad or, a,e da� o� opera�g. A �oX aw
bot�d � nqu�d to bi aie�rt� v�h th� bktd�ts' !�MkttitNt�; s 1�% p�nr�s bar� an�! s
100% p��rr�tt bo�1d wiM b! nq�ad t�x swstd.
An invlt�ort for bt� �N bf isswd by �t Pnacwe�r►ent Offlae e�ui �all inclu� spscifica� prmpexbd in
�ccord�o� wNh Artic�a 4(P►ot�Ct Spedflc�qona). a►d aN Ueems �ei c�i�s, s to the
Pnxursrt�, /l� �p�C roq�rebt�snb �d in C#w invit�tbn to bid im�li�p. twt rtot NmEfet! to, the rntrr�bsr of
CO�N /�i�� �� G� 1� ltJbFlNSlkftt. t1f! 1+�Q{�1'�Od �M� �8t8, 8tt� �t;+ O�idi' nlQtl�tlft10f1� �
by �te Ptc�nsn�►t tlep�rt*n1�rt ero n�tetlU c�or�t of thie bid whic� a�re r�ot or
by t�» Pt+ac�rrwt�rnt 01rsc1�. Pie�sa nasrk 8!� nun►bsr on Uts otab� d U�a envelaps.
Biddsn ere �d � aqt�si�an c�t �D throuph �ny so�e�ce otfier thsn the ottke af tl�e
Procwroment Q� � not �. d B!D ck�curt�sc►ts fi+orn u�utl�orized a�urc� p�d �
WddK r� �s tisk a� nc�i'rinp � ar in�ocunfe M�arrnallon u� wMch En bese his ns.
DNAdvanb�s �air�s Er�pr� (D9�I Aupu�a�Richmond Cou�ly, O�o►�pia tloas not apa�b s t'l�E,
M�E ar MI{� P�arn ior Au� fiateMd pro�s, M� F�al Caat has �nt�nd �ut t?re�� �Up �hs
R�d por�oM o1 Au�a'a {�E 1�rop�am. N+�d /lupush o�nl�s a l.oc� �m�� �1nia
�PP��f► �• F�bw�� k�' �s proj�cb th� sxpsndt#� ot 8t� a F�i ftmds.
Aupusb �� � nq�tM� sndlcr O�E po�N s�t by ttM F�d�rsl andtcx � A�nchs in
� wl�+ �M snd F�drrsl hws.
GERI A. SAMS, Pr�acwromer�t t�roctcu
Publ�h:
1�t+p�+sta Chronicle Ja►wary 13. 20, 2T, Feeruary 3, 2011
Msbn Courier Janua�y 1A. 2p1 f
cc: Tamelca �►Ile� IMerim Deputy Adrn�istirator
Mike (3resns Pub� Servic�
D�ttn� Stroud PubFic Ser'vice - MsMrtenancs Diviefon
Augusta, GA Engineering Department
INSTRUCTIONS TO
BIDDERS
NATIONAL AVE @ SAVANNAH ROAD PIPE REPLACEMENT
PROjECT NUMBER: N/A
SECTION IB
.
INSTRUCTION TO BIDDERS
IB-01 GENERAL
All proposals must be presented in a sealed envelope, addressed to the
Owner. The proposal must be filed with the Owner on or before the time stated in the
invitation for bids. Mailed proposals will be treated in every respect as though �iled in
person and will be subject to the same requirements.
Proposals received subsequent to the time stated will be returned
unopened. Prior to the time stated any proposal may be withdrawn at the discretion of
the 6idder, but na proposal may be withdrawn for a period of sixty (60) days after bids
have been opened, pending the execution of contract �ith the successful bidder.
IB-02 EXAMINATION OF WORK
Each bidder shalt, by careful examination, satisfy himself as to the nature
and location of the work, the conformation of the ground, the character, quality and
quantity of the facilities needed preliminary to and during the prosecution of the wark,
the general and local conditions, and all other matters which can in any way affect the
work or the cost thereof under the contract. No oral agreement or conversation with
any officer, agent, or emplayee of the Owner, either before or after the execution of the
contract, shall affect or madify any af the terms or obligations therein.
IB-03 ADDENDA ANO INTERPRfTAT10NS
No interpretation of the meaning of plans, specifications or other prebid
documents will be made to any bidder arally. Every request fvr such interpretation
should be in writing addressed to the Purchasing Department, 530 Greene Street,
Augusta, Georgia, 30911 and ta be given cansideration must be received at least ten
working days prior to the date fixed for the opening af bids. Any and all such
interpretatians and any supplemental instructions will be in the form of written
addenda to the specifications which, if issued, will be sent to the Augusta-Richmond
County Purchasing Director at least five working priar to the date #ixed for the opening
of bids. The Purchasing Director shall send by ce�ti�ed mail with return receipt
requested to all prospective bidders (at the respective addresses furnished far such
purposes), not later than three working days prior to the date fixed for the opening of
bids. Failure of any bidder to receive any such addendum or interpretation shall not
relieve such bidder from any obligation under his bid as submitted. All addenda so
issued shall become part of the Contract Documents.
IB-04 PREPARATION OF BIDS
IB-1
AED-National Ave @ New Savannah Rd
Pipe Replacement
Bids shall be submitted on the forms provided and must be signed by the
bidder or his authorized representative. Any corrections to entries made on bid forms
should be initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid #orms, unless
specific directions in the advertisement, on the bid form, or in the special specifications
allow for partia! bids. Failure to quate on all items may disqualify the bid. When
quotations on alt items are not required, bidders shall insert the words "no bid" where
appropriate.
Alternative bids will not be considered unless spec'rfically called for.
Tele�raphic bids will not be considered. Modifications to bids already
submitted wi11 be allowed if submitted by telegraph prior to the time fixed in the
Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the
total amount of either the original ar revised bids.
Bids by wholly owned prvprietorships or partnerships will be signed by afl
owners. Bids of corporations will be signed by an officer of the firm and his signature
attested by the secretary thereof who will aff�x the corporate seal ta the praposaL
NOTE: A 10% Bid Bond !s required in all cases.
IB-05 BASIS OF AWARD
The bids will be compared on the basis af unit prices, as extended, which
will include and cover the furnishing of all material and the performance of all labor
requisite or proper, and completing of all the work called for under the accompanying
contract, and in the manner set farth and described in the specifications.
Where estimated, quantities are included in certain items of the
proposal, they are for the purpose of comparing bids. While they are believed to be
close approximations, they are not guaranteed. It is the responsibility of the Contractor
to check all items of construction. In case of error in extension of prices in a proposal,
unit bid prices shall govern.
IB BIDDER'S QUALIFICATIONS
No proposal wil! be received from any bidder unless he can present
satisfactory evidence that he is skilled in work of a similar nature to that covered by the
contract and has sufFicient assets ta meet all obiigations to be incurred in carrying aut
the work. He shall submit with his proposal, seated in a separate envelope, a FINANCIAL
EXPERIENCE AND EQUIPMENT STATfMENT, giving reliable information as to working
capital available, plant equipment, and his experience and general qualificatians. The
IB-2
AED-National Ave @ New Savannah Rd
Pipe Replacement
owner may make such investigations as are deemed necessary to determine the ability
of the bidder to perform the work and the bidder shall furnish to him all such additional
information and data for this purpose as may be requested. The Owner reserves the
right to reject any bid if the evidence submitted by the bidder or investigation of him
fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligat'rons of the contract and to complete the work contemplated therein. Part of the
evidence required above shall consist af a list of the names and addresses of not less
than frve (5) firms or carporations for which the bidder has done similar work.
IB-07 PERFORMANCE BOND
At the time of entering into the contract, the Contractor shall give bond
to the owner for the use of the ownef and all persons doing work or furnishing skill,
tools, macttinery or materials under or for the purpose of such contract, conditionat for
the payment as they become due, of all jus# claims for such work, tools, machinery, skill
and terms, for saving the owner harmless from all cost and charges that may accrue on
account of the owner performing the wark specified, and for compliance with the laws
pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the
owner and authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof, a
certified and efFectively dated copy of the power of attorney.
IB-08 REJECTION OF BIDS
These proposats are asked for in good faith, and awards will be made as
soon as practicable, provided satisfactory bids are received. The right is reserved,
however to waive any informalities in bidding, to reject any and a11 proposals, or to
accept a bid other than the lowest submitted if such action is deemed to be in the best
interest of the Owner.
IB-3
AED-National Ave @ New Savannah Rd
Pipe Replacement
Augusta, GA Engineering Department
GEORGIA
PROMPT PAY
NATIONAL AVE @ SAVANNAH ROAD PIPE REPLACEMENT
PROJECT NUMBER: N/A
GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisians of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provisian of the Prompt Pay Act, the provision of this
reAgreement shall control.
All claims, disputes and other matters in question between the Owner and the Contractor
arising out of or relating to the Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement,
specifically consents to venue in Richmond County and waives any right to contest the venue in
the Superior Court of Richmond County, Georgia.
Notwithstanding any provisian of the law to the contrary, the parties agree that no inferest
shall be due Contractor on any sum held as retainage pursuant to this Agreement and
Contractor speci�calty waives any claim to same.
NOTICE
All references in this docurnent, which includes all papers, writin�s, drawings, plans or
pho#ographs to be used in connectian with this document, to "Richmond Caunty Board of
Commissianers" shaU I�e deemed to mean "Augusta Riehmond County Cammission-Council and
all references to "Chairman" shall be deemed to mean "Mayor".
DISPOSALS
Prior to any material from this praject being wasted or otherwise disposed of outside the
project limits the Contractor shall furnish fhe Engineer a copy of written perrnission, signed by
the property owner (or his authorized agent) describing the estimated amount and type of
material to be placed on said property. If any portland cpment concrete, asphaftic concrete,
wood or other such materiats are to be wasted on the property, a copy of the owner's inert
landfill permit, issued by the Environmental Protection Division shall be furnished to the
Engineer prior ta any such waste being removed from the project.
In all cases, regardless of the material being wasted, a grading permit issued by Augusta
Richmond County must be furnished to the Engineer.
PPA —1
AED-National Ave @ New Savannah Rd
Pipe Replacement
Augusta, GA Engineering Department
ADDENDUM S
NATIONAL AVE @ SAVANNAH ROAD PIPE REPLACEMENT
PROJECT NUMBER: N/A
,�'
, '��� ��wer� �e�6
,
G E' R 4 I A G����
FazMlMsiied
TO: Ai! Btdd�s
Phyilis Mills, Quality Assura�ce Anetyst
Mike Greene, Au�.rsta Pu�ic S�vices Depa�tment
FRDAA: Geri Sams
Procurement Di��
DATE: February 18, 2017
SUBJ: Responses to Bidder's Cluestions
BtD REMS: 11-094 Bsnntt�gton �rive Pi� Repiacsment
11-098 National Awnue � NeMr Savannah Raad Pipe Repiscement
11-097 Waka�fald Pt�e Pipe Replaceme�t
11-099 Morgan Roe� Pipe Rep�acement far Augusta Pubiic Ssrvtc�s Dep$rtment-
Maintanance Oivislan
DItE DATE: 'fhursday, Febntary 24, 2011 at 3:Wf P.M.
ADDENOUM NO. 1
RESPONSES TQ 81DDER'S QUE3710NS
1. Q; There are double pipes leading out of the wing trap at 2719 Bennington Drive, are you
re�acing boih those pipes or is there a pipa to replacs behind the residence?
A; Both pip� ara to 1� rep{aaed behind 2719 Bennington �rive
2. Q; Will you require any stpne haunching of the p+�, to the springline, to the tap, or none at all?
A: 8tone bedding is nat roquind
3. Q: Plans caN for 200 tF af 42" pi� replacement, ttx�e are two (2) runs a1519 Nati�anal Averrue,
will you be replacing bath 2t�0 LF runs or oMy 1 QO LF on �ach run?
A: Thsn sre a totat of Sd0' of p1pe. Two tsngths at 250'
4. Q: Wii1 the cannect pant to 42" RCP �cf to be made with a junction box or does tt� cantractar
manufa�eture a�x cannact�n? I� there an existing bax to r.onnect t�?
A: TFw junc.tion box ts belisved ta bs under the fr�hiy piaced �phait (not veriRedy. lf no
bax cor�tract� m� instelt tlu� box
S. Q: Who wiil be responaibae for re�ac�ment pf asphait 'rn the parMcing lot? 7he Contractor � Pubtic
Works Dspt.?
A: AR� wtll �I�e the �ph�tt. Ca�tractor wiil replaca t1w fe»ce
6. Q: What �rre the sy��r.s for the paving? 8` � cancrete and 2'r4" of asphalt? GABC arxl 2'r4A
asphalt?
A: N/A� s� rssponsa for question S
7. Q : Wi11 ther+e need to be a headw�l instalted st d'►schar� point of 42" pipe, or a flared end, or is
riPraP ac�ta�le?
A: inststf rip rap and not hea�d walis
8. Q; The ditch thai is disct�rging ir�ta needs to be made to fiaw, sa v� is responsible for this
improvement?
A: Instatl �ip r� alsa a� tha dtscM�s poiM
S. Q: Witt stor� t►edclirrg be needed to springline, all the vv�y 10 the t� c>f pipe, or none at all?
A: Stone b�ddi�q is not roquind
R�m G+DS - 530 Gt�een Street, Augusts Georgia 3U911 Addendum � Bk� i�ms #1 t-4sa,
(706) 821-2422 - Fax (7a6) 821-2811 1i-o96. 1t-097 811-a987
www.aueustaga. eov
Register st ww�v.�mand�tar.ccxn/sunoli�r for automatic bid noti�ication
10. Q: There a� no visil�e }undic� boxes or starm drain mank�es to give a visible direction of the
flow of the flow of ti�e stcxm drain.
A; Oue to no v�sibis Junction box�s ar manholes to; we wi{i do a pfan aearch and a ut�tity
tocate to determine the dira�tion of this pipe.
11. Q: Wil( the pipe starting at the heacfwall af the apen ditch behind 2948 Wakefi�d Place have ta
be repiaoed?
A: Refer to responaQ for question 10.
12. Q: W�1 there be any traps to be rept�ce�d?
A: Refar to respons� for qu4stian 10.
13. Q: Will replac:ement siart at headwaq or at tf'ap {ocated beside residence?
A: Reter to rosponse for quaatian 10.
14. Q: Will sione bedding be required fo springiine, to tc►p of pipe, or not at aii?
A: Refi� to rssponsa for qu�tton 9.
15. Q: The Wisr Inlet in the middle of the run, will it need to remov�l and repMaced?
A: Replace ti�e weir trap and tnstatt a junction box nesr tfie cer►t�c of the projact
16. Q: WfN sta�e b�iding !� tequired to springli�. to top a# pipe, a not ai �U?
A: Refer to respo►�se far question 9.
1T. Q: There is a doghouse ins#alled approximately'/� ttte length of the propasecf storm drain v�th a
wyre inlet. Is tMis to be re-instaNed? If so a junetion bvx will be r�uired because af the imprc�per
inst�llation of the pre�nt wyre i�et.
A: Refier to resportse for qu�tion 1g.
18. Q: Wilt thece be a�y ne�i to reptace any trees that have to be remaved?
A: Tre� replacQment is nat reqtsired
19. Q; The pr�ent depth af the drain line does not have sufficient coverage for HDPR pipe,
Add�ional fill dirt will b� needed. WiN the CauMy suppty it, or do w� need to inckuda this in our
estimate?
A: Addltiona! flll dirt will b� suppl{ed by ARC
20. Q: There are two carrug�feci metal pipes for d�ainage. So, therefore, the �istance writt be twice
what waa siated cx� the bid item. Or can it be �eptaoed with ane 36" HDPE pi�?
A: Refer to nspanse for qusstlon 1,
21. Q: ts there �ny reatvration oth� than "graded, compacted and reseeded."
A: Grassing snd s�diny b r�qulnd fa� alt proje�cts.
Ptea�se acknowiodge addendum in yaur submit#al
END ADDENDUM
ndaendum � aia items#a�-oea,
»-o�, ��-os� a ��-�es�
Augusta, GA Engineering Department
AG RE E M E NT
NATIONAL AVE @ SAVANNAH ROAD PIPE REPLACEMENT
PROJECT NUMBER: N/A
_ __ _
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t`. L*: C 7 /i. [;i !' tti
SECTION A
AGREEMENT
THIS AGREEMENT, made this day of , 2011, by and between
Au�usta Geor�ia, a political subdivision of the State of Georgia, hereinafter called "Owner" and
Harris Truckin� and Construction 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 two 42"x250' failed CMP' and replace with
Corrugated HDPE.
2. All work is to be in accordance with in accordance with the specifications included in
Bid Form (Bid Item # 11-096), and related documents as Iisted in item 5 below.
Project Summary: The project consists of the removal and replacement of a two 42"x250'
storm water pipe and associated items. 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.
1�Page
AED-National Ave @ New Savannah Rd
Pipe Replacement
2. The Contractor shail provide all labor, material, parts, enginees licensing and certifications
required by any applicable regulation. Furthermore, the Contractor will furnish all drawings,
product data, material, supplies, tools, equipme�t, labor, traffic control and other services
necessary for the construction and completion of the project described herein.
3. The Contractor wili commence the work required by the Contract Documents within Ten (10)
calendar days after the date of the Notice to Proceed and witl complete the work within thirt
(301 calendar davs 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 Fortv-seven thousand three hundred dollars vnd zero cents ( 547. 300.001.
5. The term "Contract Documents" means and includes the following:
Bid Bond
Performance/Payment Advertisement for Bids Agreement
Bonds Notice of Award Invitation to Bid #11-096
Change Order General Conditions Bid
2�Page
AED-National Ave @ New Savannah Rd
Pipe Replacement
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 af which shall be
deemed an original on the date first above written.
OWNER: AUGUSTA, GEORGIA ATTEST: � ���� ,.�, ,����
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Witness
CONTRACTOR: � � �
Jeffery H ris Trucking, Inc.
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Titie: i `c,��(1PTl'� SEAL
Address: � 1,��,�'ar�q��! Attest
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3�Page
AED-National Ave @ New Savannah Rd
Pipe Replacement
Augusta, GA Engineering Department
BID FORM
NATIQNAL AVE @ SAVANNAH ROAD PIPE REPLACEMENT
PROjECT NUMBER: N/A
AUGUSTA-RICHMOND COUNTY COMMISSION
B!D ITEM #11-056
BID FORM
PROJECT AJAME: �-►CSr� (1 s'1[1P_ .�1'�,°, Tt ��t�r»e�
CLOSING DATE: � " �� � � I CLOSING T{ME: �v �C�f� � I�
;x== == =��N—az���=css=ss�_�:.:.;,�s�= =�_=========x��e=�aaes�
SECTION I: Bidder Information
Name ofi Firm: �, ��'il( ('P'14 �R
Address: ��,�b �QC.��� � �`r'6C� ZsP� s.�L�L�
Phone: �,�,-L�� �Fax: �16 �,� q�(�� E-ma�l: ��G�'�TlaG�� �Q G .Pe�rn
11. PRICING:
Base Bid: The above firm proposes to undertake the referenced project as shown in this Invitation ta Bid at
the follo 'ng uoted lu p sum i: �
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�'?Z'� 011ars $ � ��
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� g �r Date)
Pt� . ' � �t'rsir�Jprr�
Contact Person:..� � �r,e1Ll� fi Tit1e: �1�1P„f ��'Z..�
E� - �
Company: ��prt��,.,_�f�t`f ,�S � tr�C,l` .
Address: � � ��__.�]�.�t_�J ► `-�('� P� U[�t7
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Phone: "�,- b�7 " �CKU Fax: ��j�`,� - �OS E-mait: � ►ro��,�^�C�fl"l. �M
Augusta, GA Engineering Department
GENE�;AL
ITI
COND ONS
NATIONAL AVE @ SAVANNAH ROAD PIPE REPLACEMENT
PROjECT NUMBER: N/A
SECTIQN GC
GENERAL CONDiT10NS �
INDEX TO ARTICLES OF GENERAI. CQNDtTI�NS
Section
GC-01 Definitions
GC-02 Additional Instructions and Detail Drawings
GC-03 Schedules, Reports and Records
GC-04 Drawings and Specifications
GC-05 Shop Dcawings
GC-06 Materials, Services and Facilities
GC-07 4nspe�tion and Testing
GC-0$ Substitutions
GC-09 Patents
GC-10 Surveys, Permits and Regulations
GC-11 Protection of Work, Property and Persons
GG12 Supervision by Contractor
GC-13 Changes in the Work
GG14 Changes in Contract Price
GC-15 Time for Completion
GC-16 Cor�ection of Work
GG17 Subsurtace Conditions
GC-18 Suspension of Work, Termination and De1ay
GC-19 Payments to Contractor
GG2Q Acceptance of Finat Payment as Release
GG21 Msurance
GC-22 Contract Security
GG23 Assignments
GC-24 Indemnificatian
GC-25 Separate Contracts
GC-26 Subcontracting
GG27 Engineer's Authority
GC-28 Land and Rights-of-Way
GG29 Guarantee
GC-30 Taxes
GC-31 Worlc Adjacent tc� Railway ar Other Property
GC-32 Order and Discipline
GC-33 Waming Devices and Signs
GC-34 Special Restrictions
GC-35 As-Built Drawings
GC-36 Aliowances
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Pipe Repiacement
GC-01. DEFINITIONS:
Wherever used in the Contract Documents, the following terms shaii have the meanings indicated which
shall be applicable to both the singufar and piural thereof.
1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which
modify or interpret the Contract Documents, Drawings and Spec�cations, 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 instrumen#s of security furnished
by the Contractor and his Surety in accordance with the Contract Documents.
5. CHANGE ORDER: A written order to the Contractar authorizing an addition, deietion 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, Informatian for Bidders, Proposal, Bid Bc�nd, Notice of
award, Agreement, Pe�Formance Bond, Payment Band, Notice to Pr�eed, Change
Order, General Conditions, Supplemental General Conditions, Special Conditions,
Technical Spec�cations, Drawings and Addenda.
7. CONTRACT PRICE: The tota! 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 wo�k.
9. LIFE OF THE CONTRACT: The tatal duration of the Contract from Notice to Proceed to
completion of all the work.
10. CONTRAGTOR: The person, firm or corporation with whom the Owner has executed the
Agreement.
11. DRAWINGS: The part of the Contraet Documents which shaw the characteristics and scope of the
work to be performed and which have been prepared or approvetl by the Engineer.
12. ENGINEER: The person, firm or corporation named as such in the Contract Documents. For
purposes of this cantract, the Assistant Director of Rublic Services
Department, Maintenance Division ar his de�ignated reprs�entativ� shalt act
as the Engineer.
13. FIELD ORDER: A written order effecting a change in the work nat invoiving 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 af
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 Cantract Documents.
- 18. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is
assigned to the project or any part thereof.
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Pipe Replacement
19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and ofher data
which are prepared by the Cantractor, a Subconiractor Ma�ufacturer, Supptier or
Distributor, which iNustrate how specific portions of the work shall be fabricated or
installed.
20. SPEGtFICATiONS: A part of the Contract Documents consis#ing of written descriptions of a
technical nature or materials, equipment, construction systems, standards and
workmanship.
21. SUBCONTRACTOR: An individual, fi�m or corporation having a direct contract with the Contractor
or any other Subcontractor for the performance of a part of the work ai the site.
22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construetion 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 ta 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 incarporated in the project.
26. WRlTI'EN NOTIC�: Written notice to any parry of the Agreement relative to any part of this
Agreement. Said Notice is considered delivered and the service thereo# completed,
when posted by certified ar registered maii 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. ADDIT{fJNAL INSTRUGTIONS AND DETAII DRAWENGS:
1. The Contractor may be fumished addiiional instructions or detaif drawings, by the Enginesr, as
necessary to carry out the work required by tha Cantract Documents.
2. Any additional drawings and instructions thus supplied will become a part of the Contract
Docum�nts. The Cantractor shall carry out the work in aceordance v►rith the additional detail drawings
and instructions.
GC-03. SCHEDULES, REPORTS AND RECOROS:
1. The Contractor shaU submit to the Owvner such schedule of quantities and costs, prc�gress 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 estimat8, the Contractor shall submit schedules showing the order in
which he proposes to carry on the work, including dates at which he witl start the various parts af the
work, estimated date of completion of each part and as applicable:
2.1 the dates at which special defail drawings will be required; and
2.2 res�ctive d�tes for submission of shop drawings, the beginning of manufacture, the testing
and the installation of maferials, supplies and equipment
3. The Contractor shall �Iso 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 o# the Contraci Documents is to describe the scope of work for which the Contraetor shall
furnish all design, labor, materials, tools, equipment and transportation necessary fcsr the proper
execution. All work is to be in accordance with the Contract Documents and aN incid�n#al work
necessary to complete the project in an acceptable manner, ready for use, c>ccupancy or o�ration
by the Owner is to be included.
2. In case of conflict between any drawings and spec�cations, the spec�catians shail govem. Figure
dimensians on drawings shall govern over general drawings.
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Pipe Replacement
3. Any disc�epancies, inconsistencies, or ambiguities found betwesn the Contract Qocuments and site
conditions shall be immediately reported to the Engineer, in writing, who shaN prompt{y correct such
inconsistencies or ambiguifies in writing. Work done by the Contractor after his dlscovery of such
discrepancies, incansistencies or ambiguities shall be done at the Contractor's risk.
4. All work that may be called for in the speGifications and not shown on the drawings, or shown and
noi called for in the specifications, shall be executed and furnished by the Contractor as if d�scribed
in both these ways. Should any wo�k or ma#eriaf be required which is not de#ailed in the
specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the
proper carrying out of the intent thereof, the Contraetor is to understand the same to be implied and
required and shall perform all such work and fumish any such materia{ as fu{ly as if they were
particularly delineated or described.
5. It is understood and agreed that the Contractor, by carefui examination, has satis#ied himself as ta
the nature and location of the work, the cor►formation of the ground, the character, quality and
quantity of the materials to be encountered, the charaeter of equipment and facilities needed
preliminary to and during the prosecution of the work, the general and Ic>cal conditions and all other
matters which can in any way affect the work under this contract. No verbal agreement or
conversat'son with any officer, agent or emptoyee of the Owner, either before or after the execution o#
this contraci, shall affect or madi#y any of the terms or obligations herein contained.
GC-05. SHOP DRAWINGS:
1. The Contractor sha8 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 Cantract Documents. The
Engineer shall promptly review aN shop drawings. The Engineer's approval of any shop drawings
shall not release the Contracto� from responsibility for deviations from the Contra�t Documents. The
approval of any shop drawing that deviates substantially from the �equicement of the Contract
Documents shall be evidenced by a Change Order.
2. When submitted for the Engineer's review, shap drawings shall bear the Contractor's cert�cation
that he has reviewed, checked and approved the shop drawings and that they are in eanformance
with #he requirements of ihe Contract Qocuments.
3. Portions of the work that require shop drawings or sample submission shalt 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 avai{able to the Engineer.
GC-06. MATERIALS. SERVICES AND FACILITIES:
1. It is understood that, except as othen�vise specifically stated in the Contract Dacuments, the
Contracior 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 wark within the specifiied time.
2. Materials and equipment shall be stored so as to insure the preservation of their quality and �tness
for the work. Stored materials and equipment to be incorporaied in the work shall be iocated so as to
facilita#e prompt inspection.
3. Manufactured articies, materials and equipment shafl be applied, installed, co�nected, erected, used,
cleaned and conditioned as directed by the manufacturer.
4. Materiais, suppties 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 Subcorrtractor will be subject to a chattel mo�tgage or under a conditional sale contract or
ather agreement by which an interest is retained by the seiler.
GC-O7. INSPECTION AND TESTIIdG:
1. All materials and equipment used '+n the cunstruction of the project shall be subject to aciequate
inspection and testing in accordance with generally accepted standards.
Page 4 of 13
AED-National Ave @ New Savannah Rd
Pipe Replacement
, ,
2. The Ca�tractor shall provi�, at his expense, the nec.essary testing, insp�tion anci �i�ation
services r�u�ed by the Cor�ract Docxrments, ur�less att►erwise prov�led.
3. The Owner shall p�ovid� ail other inspec2ian and testing services reyuired by the Contracf
Qocuments.
4. If the Cont�t Doc�rnents, laws, ortiinances, rules, regulatic>ns or arders of any public autha�ity
having jurisdida�n requi�e any wa�ic to speraf'rc�Ny be inspected, #ested cx apprcnred by sonne�one
otMer than the C�ctar, the Contractar wiil give the Ertigineer timety not�8 of �in�s. The
Contract� w�l then fumish tl� E�ineer #he required certificates of ir�speaion, testing or approva�.
5. fVenh� o�ervati�ut by tf�e Englr� na in��tir�r�s, tests or approvals by persons othe� tte�n the
Corrtre�ctor sh�1i r+elieve the Cs�ntractt>r from his oblagations to perF�m the v�rork in accorda� witlt
tne requ�neMs �fi the Co�ir� D�cuments.
6. The Engineer and his represe€�t�atives will ai ali times h�ve access to ttte work. in additbn,
authorized repres�ntatit�es ar�d �ents of any p�tici�ratirtg Fed�rai ar S#ate Agency sh�l be
permitt+�d ta ins�t ali w�xlc, rr��t+�ia{s, i�aYroils. �acords of persennel, invoices of rnateri�s ans!
other relevant data and rec�ds. The Ca�t�actw will provide proper faalities for such access and
observationon of the vwrk and alsa f� any irtapection or testing thereaf.
7. !f any vaoric is txfvered corrtra�+ to tfie written request af khe Engine�, it must, if req�ated by th8
Enginaer, be uncovec�l fcu his ob�enration a�f replat:ed �t the Contracta's expense.
8. if any work has been covered which the Engir�!er has nat specificaliy raquest�d t4 absenre priar to
its being txfvered cu if the Engi� cons�lers it n�ssary ar advisabie that covered w+ork be
insp�ted a tested by atf�s, the Cc�tr�tor at the Engineer's request, w�l urxx�w�, expase �
otherwise ma�ce avail�t�{e for otrssrvatian, insp,�ctian a testing as the Engineer may require, that
portion of U�e v�arlc in questican, fumish�s�g at4 +�►ecessary {abor, materiais, toois and equipmant. If ii is
found that such wo�ic is defect�ve, the Con�tcx will bea� all the expenses af such ur�c��ering,
exposur�, abserv�tion, irespection and teatir�g a�td of satiaf�ctory �onstruGtron. If, t�oweve�, such
woric is �t four�i to be defect�re, tt18 Contractor w�l be allowed an i�se in the c�mtr�t p�ice or
arti extension oi the contract time, or bo#h, directiy att�ibutable to such unc�vering, expasure,
observat�, i�apecti�n. t�ting and reca^��tn�ction and an apprapriate char�e cxdcc shall be issued.
9. Tha Cont�ctor shalt �ive the Engineer 2�t hours notice a# starting any new warlc. No woric shhaiil I�
done or matxials used w�hout su�te superv�ion anci inspecticm by the E�inear. Tt� C•ontract�
shali fumish the Enginse� wwithh r�asary samp�s ot mater�ial for testing �rpoaes.
GC-06. SU�M�JK?N8:
1. Whan � materi�, anide � p+eca of equ+�ment is identsf'reci an tF� drawings or speci�iCatians by
referer�e ta lxand name or cat�logue rwmber, the perf�man� � ath�r ssl�rft r�uirements and
tttat othe� produCts t�f e�qu�i c�sclfies, quality and func�it�n shali ba consiciered. The Contra+ctar mey
recommend the sutrstitution of a ms�terial, art�le �� of �uipment of equai substanoe and
funct�n fov tt�se r+�ferred to in the Canbract D�,ments by referer►�e to brand rrame or cata�igue
number and rf, in tt�e opinion vf 1he E�ineer, such m�t�rriai, �rticJe or piec� of equipmeritt is of equal
aubstar�ce and �nction to that specified, tt�s Engir►eer may approve its substitution arx4 u� by the
Contract�. Any ac�st di}iersr�tial sh�ll be d�u�ted from the c�Rtract p�ice and tt� Contract
Dxuments shall be ap�x�iat�y modif'�eci by char�ge crrder. The Cont�actor warran#s that if
sut�titut� are approvect, r�o maj� change� in th+e functian cu genera! d�ssign of tt�e praject will
result. l�r� c�ar�s cx e� c�mponerrt p�rts requ�ed to axcmmod�te the substitute vwtl be
made by the Conha+ctcu witt�out a c�uan� in ti�e twntract pric,e ar cantract time.
GC-09. PATENT8:
1. The ContractcK st�ll �y a�l ap�ic�bie royalties and I"rr.snse fees. Me shali ciefend afi suits � da�ms
for irifringerment oi any patant rights airx! save tl� Owner harmless from �ss on avcaurrt th�wao#
except that ttte ON+rter sh�li be responsible for any such loss when � p�tticular p'ocess, t�sign pr
the product c�f s manufac�r�r or mar�ufscturers iffi specified, but i� the ��actor ha� reason to
bel�ve that the tiesign, Rr�� or �uoduct sp�e�cffied is an infrlr�gemant of a p�atent, he sfiaH be
reapans�le fo� such I�s unlsss he promp�y give� at,,ch i�ormation to ttfe Engineer.
aC-10, SUR1lEY ,�. P�R_it�TB AND R�till�,T�B:
1, The Qvmer shali fufnish al! land surveys and estabiish all t�ase lines fcx locating the princip�l
�rnPn� P� o# �e work together v�+ith a su��le numb� af benchmarks adjacc�nt ta the wofk a�
shown M ths Cor�ract DacumeMa, From the iMa•mation pravided by tt►e Uwner, unf�s �t�vvE�
apecified in the CoMr� [k�cuments, the Contractor shall deveiop and ma�ce �{i detai4 sunreys
• Page 5 of 13 �
AED-National Ave @ New Savannah Rd
Pipe Replacement
needed for construction such as slope stakes, batter boards, stakes for pile locations and other
working points, lines, elevations and cut sheets.
2. The Cont�actor shall careful4y preserve benchmarks, reference points and stakes and in case of
wiilfui or careless desttuction, he shall be charged with the resu{ting 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 shaii be secured and paid for by the
Contractor. The Contractor shall give all natices and comply with all laws, ordinances, rutes and
regulations b�aring on the conduct of the work as drawn and specified. If the Contractor observes
that the Contract Documents are at variance therewith, he shall prornptly notify the Engfneer 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 Contracto� will be responsible for initia#ing, maintaining and supervising all safety pr�cautions
and programs in conneetion with the work. He will take ali necessary precautions for the safery of
and witl provide the necessery protection to prevent ciamage, injury or loss to alE emplayees on the
work and ather persons who may be affected thereby, ai1 the work and all materials or equipment to
be incorporated therein, whether in starage on or off the site or other property at the site or adjacen#
thereto, including trees, shrubs, lawns, waiks, 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, regu{ations and orders of any
public body having jurisdiction. He wi11 erect and maintain, as required by the conditians and
progress af the work, ail necessary safeguards for safety and protection. He will notify the owners of
adjacent properties when prosecution of the work may affect thern. 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 anycyne dire+ctly or indirectly emplayed by any of them ar anyane for
whose acts any of them are liable, except damage or loss attributab{e to the fault of the Contract
Documents or to the acts or omissions of the Owner or the Engineer or anyone emplc�yed by either
of them or anyane for whose acis either of them may be liable and not attributable, directly or
indirectly, in whote or in part, to #he fault or negGgencs of the Contractor.
3. ln emergencies affecting the safety of persons or the work or pro�rty at the site or adjacent thereto,
the Contractor, withou# special instructions or authorizatian from the Engineer or Owner, shatl act to
prevent threatened damage, injury or 1oss. He wiil give the Enginesr prompt written notice o# any
significant changes in the work or deviatians 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 evsry respect sha{I be at the risk of the Contractor until finished and
accepted, except to damage or injury caused directiy by the Owr�e�'s agents or emptoyees.
GC-12. SUPERVISlON BY CONTRACTOR:
1. The Contrac#or will supervise and direct the wark. He will be solely responsib{e for the means,
methods, techniques, sequences and procedures of construction. The Contractor wil! employ and
rnaintain on the �nrork a qualified supervisor or superintendent wha shall have been designated in writing
by the Contractor as the Contractor's representative at the site. The supervisar shall have full authority
to act on the behatf af the Contractor and aA communications given to the supervisor shall be as bind+ng
as if given to the Contractor. The superviso� shall be present on the site at all times as required to
perform adequate supervision and coordination of the work.
Page 6 of 13
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Pipe Replacement
GC-13. CHANGES IN THE WORK:
1. The Owner may at any time as the need arises, order changes within the scope of the wvrk without
invalidating the Agreament. 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
shatl be authorized by Change Order.
2. 7he Engineer, also, may at any time, by issuing a field order, make changes in the detaiis of the
work. The Contractor shall proceed with the perfarmance of any changes in the wark so ordered by
the Engineer unless the Contractar believes that such �eld order entit4es him ta a change in the
contract price or time ar both, in which event he shaf! give the Engineer written notice thereof within
ten (10} days after the receipt of the ordered change pending the receipt of an execut€�d change
order or further instruction from the Owner.
GC-14�. CHANGES IN CONTRACT PRICE:
1. The cantract price may be changed only by a change order. The value of any work covered by a
change arder or of any claim for increase or decrease in the cantract 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 actua! cost for fabor, direct overhead, materials, suppties, equipment and other services
necessary to complete the woric. In addition there shalt be added an amount t4 be agreed
upon but not to exceed fifteen (15) percent of the actual cost of the wock to cover the cost of
generai overhead and profit.
GC-15. TIME FOR COMPLETION: .
1. The date of beginning and the time for camptetion of the wark are essential conditions o# the
Contract Documents and the work embraeed shall be commenc�d on the date specified in the Notice
to Proceed.
2. The Contractor will proceed with the wark 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 contraei time for the completion of the work desc�ibed herein is a reasonable time, taking
into consideratwn the average climatic and economic conditions and other faators prevailing in the
locality of the �nrork.
GC-16. CORRECTION OF WORK:
1. The Contractor shaN promptiy remove from the premises al! work re}ected by the Engineer for faiture
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 writh the Contract
Documents and without expense to the �wner and shall bear the expense of rnaking good all work
of other Contractoc� destroy8d or damaged by such removal or replacement.
2. AU removal and repfacement v�rk shall be done ai the Contractor's expense. If the Contractor does
not take action to remove such re�ected work within ten (10) days after receipt of written notice, the
Owner may remove such woric and store the materials at the expense o# 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 �ontractor shall
remove, at his own expense and shall rebuild and replace same writhout extra char� and in de#ault
thereof the same may be done by the Owner at the Contractor's expsnse or in case the Engineer
shall no# consider the defect of sufficient im�rtance to require the Contractor to rebuild or reptace
any imperfeet work or materiai, he shaN have the power and is hereby authorized to make an
equitable deduction from the stipulated price.
GC-1T. SUBSURFACE CONDITIONS:
1. The Contractor shall promptly and k�:fore 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.
Page 7 of 13
AED-National Ave @ New Savannah Rd
Pipe Replacement
'
1.2 Unknown phys�al oo�lit�ns at the site, af �n unusual nature, differing materially frar� ttwse
oMinarily encountsred and genaraliy recognized aa inherent in v�ark a# the ch$racter
provided itx in the Contract Documents.
2. The Owrter shsll P�P�Y inv�st the conditions and if he finds that sucE� c�ndit�ns do so
materiaNy diff� and cause an incre�, a� decrease in the aosi af, or in tihe tirne required, for
perfam�nce of the warlc, an equ�a� adjustment ster�ll be maile and tfie Coniract Documart#s shali
be modified by a Ghange Onier. Any claim of th�e C�tracfar for �justment t�reund� shal{ not be
allow+ed unlass he tta� gnren the required w�ritten r►t�tice; providsd tt►at the Otnmer may, if he
determines tt�e facts so justify, conaid� and adjuai any such claims asserted �e tt� date of fin�t
paYme�t.
GC-18. SU8PENSlb�l OF THE „ K_ �avu���c�w eNn n�� Av•
1. The Owner may, at any Nme and wiitx�uE cause, suapertd th� �work or any port�n ttrereof f� a period
of not more than ninety days or such further time as �reeci u� by the Contractar, by writEen r�tice
to the Contraotor. TF� Enginee� shail �x the date an which worlc shail be resumed. Tt� �ontc�cta
witl r�ume that wrwk tu� tl�e date so fixed. The Contractor will be allowa<i an incx�eaa�e in the corttract
Rrice, s� e�ene�n of the caMract tima, cx �tM, dxrectly attritwta�ble to any suspen�ion.
2. if the Con�acior is �ljud�d bankrupt or insclvent, or if he makes a general assignmerrt fcu tFte
benefft of his cx+eciitors w if a trustee a� receiver i� appaint�tt for ihe Contractor � for any of his
PropertY or � he 'Fi�s a petitian to take advantage of any de�tar`s �ct to resx�ganize u� Ntie
bankruptc�+ or applicable �ws a� if he repeatedly f�its to supply suff�c+ent skit�d wcxkmsn � s�.�itabie
mater�s tu equipmeM, or ifi i� r+epea�ediy faiis to make prompt payments to suixor�tractora or t�+r
labor, materia�s or equ�pment or if I� disregerds laws, ordinar►c�s, rutes, r�ulstions w orders of any
publ� body I�ving jurisdl�ti� o�f the w�aric or if he disregarcfs the authority o# the Ertgineer, or if, In
the opinion of the Engi�, the Cont�tw feii� to m�ke satisfactay progress in prosecuting the
work, �� he athenaise viaiat� any provision � the Contra�t Documents, then the Owner may,
without Rrejudice to any other right a� remedy and after givi�g tt� Contracta as� his Surety a
minimum of tan (10) d�ys from delivery af a written notice, termina�te the services of the Cor�tractcu
and take pc�session aF the Praject and af ali mat�ials, equipmertt, toots, cons�,rction equipmen4
and m�ch#�r thecaon ov�d by tf�e Cantractcx and �nish th+e wafk by what�ver metlmd he may
�em e�i�ent, In auch case, the Cor►trectt�c shafl nat be entitied to receive any fu� payment
until tt�e warlc is finist�d, tf the un�aid �r�e af the Cantrsct Pr+ce axrseds the direct and ir�direct
oosts of c�mp�rting the Proj�t, induding c�mpensation for additior�l prc�fessacn�l senrioe�, s�ch
excess s!'tail be pa� to the Ccmttact�ot. If such cxfsts excbed s�h unpaid balar�e, the Contract� wiit
pay the dit��et�e to the Owner. Such costa incurred by the Owner will be determirted by the
Engi� and incarporateci in a Cl�ang�e Ortier.
3. The Contract� mu�# ot�aln permissron from the Enginee� before any +�uipme�t can be remov�d
from the joD site. In the e�rent such equipment is removed without the Engir�er's apprav�l, the job
will be teirminated until auch time a� tf� equipment ia retvmed to the project �nd any time and
m+oney Ir�f try the Con�ector as a re�ult of moving the equipment shsll be absorbet# by the
Contractor.
4• Whe�e the Cor�racl�'s se�+�es have been sa terminate by the Owner, s�id termination sh�tl not
afifec� sny right of the Owner agairtst tFte Ct�ntractor then existing o� which may theteaft+� a�tae.
Any neter�ion or payment af mon�s by the t)amer due the Cantractor wiN �ot release the Ctn►Va�tar
from compitat�e with the Con�aci Documents.
5. After ten (10} days from �iv+�y c� a written nvtice to tt�e Contractor and the Engi�, ttte C)wmer,
may, wtthout cause and witiiout �xejudice to any other right a� remedy, alect to a�ndon the Project
and terminate the Confract. In suc� case, ihe Contracior shall be paid for atl wrork executed and any
expensa sustalned plus reaaonabFe prot°�#.
6. If, through no �;t w feult of the Con#ractor, the w�k fs suspended fo� a periad of more than nine#y
(90) days by the t3vvne� ��ti� an +or� af Gourt a other publ�c authaity vi the Engineer fa�ts to aGt
on any requost for �yment wrtthin thlrty (3tJ) days afte� it is subrn'stted or ttse Owr�er fails to pay the
Cor�bacta� aubat�nti�lly the sum a,ppi�o„ed by tha Engir�ear within thirty (3Q) days of its app�ovai and
pr'esentation, t�n the Cont�tor may after tan (10) days from deliv�y of a written r�t� w the
Owner and the Errginesr, termin�te the Carnra�t and reeo�ner frtwn the C}wner p�yrnerrt for af1 v�culc
executed and �dl expenses suatained. In e�idition, and in lieu o# terminati�g the Cantract, � the
Enyir� Ft�s f��ed to �ct on a requsst fc� payment or if th� t)wner he�a faifed to make any payment
Page 8 of 13
AED-National Ave @ New Savannah Rd
Pipe Replacement
�
as aforssaicl, the Contr�ctor may, upon ten (10) days not�ce to the Owner and the Engir�eer, stap the
work untfl he t�as been pa�i a�l amounts then du�, in which event and upon resumptran af d� �k,
Chang�e Orde�s sF�N be issueci for a�juatirtg the c�+�tr�ct pric�e ar e�ct�ing the cantra�t time or both
to campensate for the c�sts and d�aya att�butable to the stoppag� of tha work.
7. If the p�fo�maruce of ali of any part�n ot tt�e �eo�4c �a auspendad, detayed, w intem�pt�! as a resu�
of a failure of the t�wner � tt� E�ineer to �ct within the time spec�'�cf i� the Corrtred Dxuments,
or if no t�me is speciF'�, vwithin reasonsble time an adjustrnent in tt� contract psi� ar an extension
qf tha ocntrac�t time a both, shal€ k� m�de by Change C}rd�r to r�mpens�te the Contr� ftu the
c;�sts anti d�ys rily causad by the fa�u�e of the Owner or the Engineer.
GC-19. PAY T8 TO THE GONTRACTQR:
1. Between the flr�t (1�t) and the flfth (5th} of each month, the Cont�� will submit to ti� Engir�er a
�� A�Y�'��nt estima� fiNed out and s�neci by the Contr�tor an an approverd fcxm the
w�k performed durir�g the period covered by the partial payment estimate and suppated by such
data as the Eng�t�er may re�soruebly require. tf payment i� requestsd on the t�sis of mate�sls and
equi�nent raat incvrpoc�ated in the work but delivered and suhabfy stared at er r� ttre s�e, the
partia! �yment e�stimate sttall ats� be 8cc;ompanied by such supp�fing d�te, s�tisfaclory to the
Ownet, as wtli sst�blish th� Ownet's title to the material and equi{�ne� and protect his interest
th�ein, induding a�plicable inswrant�. TF� Engineer wlli, witt�+n te� days after receipt af �h pertiei
paymertt �tima�e, eiti�r indicate in writir�g his approvs! af peyment and present tt�e p�'tial p�ayment
estim�te to tt�e C)wner, of retum the partia! payment estim�te to the Contr�cto� indlcating in writir�g
his reasons for refusing ta a�prove payrnent_ {n the latter caae, the Contractor m,�y make the
ry conrect� and re:ubmit tt�e partial payment estimate. The Qamer wi41, within ten dsys af
pressntation to him of an a�xoved partisl p�yment estimate, pay the Contra�ar a prog�esa payment
an the basis of the epproved part�l payment estimate. 7he Ownar shal! retain ten (10%} �rcent af
the amount of � payment wntil fin�l c�mpletron and acceptarx� of ap wark covered by the
Contract Qocumesr►ts. TF� Owner at any time, however, after fifty (50°,6) percent of the wr�rk has
been c.am�eted. if he finds tt�t satiafactory progress is being msrde, may reduce the retair►ecl
pen:�arrtage to frve (596) p�cent on the current and remaen�ng �t�mates. On c:cxn�n and
ac:ceptanc�e of a paft of th�e w�k on wh�t the �e is stated �arately in the ConMact Docc�amettts,
peyment may be m�e in Ft�, induding retained percentages, less a�iz�! deductians.
2. The request far psyment msy �iao indude an allowemce for the ao�t af such majoi matefia�l� ar�d
equipment v�� are suita�brty atored arx! insured either at ar near the s��.
3, Ali v�k covered by psrti� p�yment ahaH thereupon become the sale �perty af the th�vner, but this
provision �it�i r�at be cons#rued as roiiavir�g the C►ontr�etor of the sok responslbility far the ca�e and
p�'atection of the �, ma�erial and equipment upon which paymenls h�ve treen made � the
restor�►tion cf �ny cl�m�d wark, or �s a waiver of the rigbt of ttr+� Owner to r�equire N�e futtillment of
zd1 terms cN the Contr�ct �ments.
4. Upon aomp�ti� arid �cep�ance af the work, the Engirreer ahall issue a�ertificate attgct�d to the �
ffrual payment requ�t that the vv�4c has t�n aa�cepted by him under the condltions c�f the Gonh�act
QoCUments. Tt� er�lre t�lanc� fcxaa� to be dus the Contrscior, inci�tii� ti� reta�! p�tceritages
ahall be paid to t�ae C+antr�, exaspt such sums as may be lawfuity retained by the Ousrner f�
saving the Owner or the Ch►r�r's �nts harmi�ss fram �I d�irns growrir� out of the lawiul demartds
c� Subca�tractors, iabor�s, w�kmen, m+scch�rn�s, marterisl men s�cf fumistters of machinery arNd
�rts tt�roof. equiPm+�t, to�s and suppi�s, ina.+ned in it� further�r�ce of the perform� of the
�nror�c. The Con�actor shall, at the Ownar's request, fumish satistactory evi�nce that all oDti�at�o�a
of d�e nature designated abave heve been pa�i, d�charged. ar vr�ived. tf the Contract� i�ils to do
so, the Owner m�y, aft� having not�ied the Contractar, either pay unpaid bills � witht�old ftom the
Contra�tor'� unpa�l tx�m fon a sum o# mc�y deemed reastmabty sut�'�cient to pay arty and ap
such �I claims un�i satisfactory evic�nce is fumished that all liabitities have i�een fully d�rged
vN�ereupon paymeM to the Corrtr�tor shatl t� resurrted, in accard�rrcae with the terms of the
ContraCt QoGama�ts, �rt in t�o e�nt st�af! the p�rovis+ons caf this seMen� !� const�ued to im�
any obiigatbr� up� the OHmar to e�he� the Garrtr�ctor, his Surety, or sny tttird party. !n peying any
unpak! bi�s of the CaMractor, any payment �o made by the Qwner sh�l be c�nsid�ed as � PB►Ymer+t
made unda the Ca�t�nct [3oauments by tt� t?wrter to the Contractcx and th� Owner shalf ncst be
liabie to the C:or►tr�or fof sny �ttc� paym�ta mauie in goad faith.
5. If the Chnrner fa�s to make peyment 30 days after approva! by the Engineer, in �cldition to athet
remedias availa�ble to the C.on�act�, the����� added to each such p�yment, inte�st � a
AED-National Ave @ New Savannah Rd
Pipe Replacement
�� ,
maximum rate af 1�Yo per month oommencir� on the first day after said payment is due 'and
corrtinuing unt� the p�yment is received by the Contractcx.
GC-20. ACCEPTANCE QF FiNAL PAYMENT A� R� w��:
1. The a�cveptanc� by tha Contra� of fir►a! payrnent shall be and shall operate as a release to th�
Owner af atl d8ims and all liability to the CoRtractor other tt�n �taims in stated amounts as may be
speci�icaNy excspted by the Con;��#a fcx all things done or fumi�hed in cannection with this vv�k
and for every a�ct and �lect of tt� Owner and other relating to or arising out of this wcxtc. Any
payment, howev�, fina! or othenaiae, shsll not r�easa the Contract� or his Sureties from any
obligations under the Cantra�t Qocuments or the Performarx;e gc�nd and Payme�# Bonds.
GC-21. IN�B� E:
1. The Con�b�cx shaA purchs� arid rna�ntain during the life of this Gontract such insurance as will
Protect him fnun ctaims set forth belrnn+ wh�h may arise out oi` or result from tt� ContractcN's
exec�tipn of the v�Ic, whet�ef such execution by himseif or by any Subc�n;racto� rn by anyone
directty or ind�y emf�b}�d bY any of them ar by anyone fo� whose acts any o# them may be
liable.
1.1 Claims under Wo�lcman'� Compensat�, di�abilfty benefrt and other similar employee
benefit acts,
1.2 Claims for damages bec�use of �dily �njury, xcupational sidcn�ss o� ' o� �� �{
his em�oyees,
1.3 Claims tw damagas becau�► of bod�y injury, sickness or disease or death of any person
other than his empFayees,
1•4 Ctaims for damaQes insured by usual personal iniury liability caverage which are sustained
(1) by any person as a result af an o#fense dire�ctly w indirectly retated to the employment of
such person by tlie Cantractor �(2) by �ny crther person; and
1.5 Claims for d�mages b�ause of injury to or destruction of tangibie property, inciuding loss of
use resultin� therc�from.
2. Certiflcstes of Insur�nce �ptsble to the Owner shalt be fited aritM the Owner pr� to
CQm�A�►d''� ��1'�e �. TFuase Certificates shall contain a�visron that coverage sff�d
ur�der the poli�a avill �t be c,ar�ll�i uniess at teast fifteen (15) daya pri� written natitc� haa be�
given to the awner.
3. The Contr�ctar sha1J procure and maintsin, ai his o�m �xp�nse, during the life af tt�e Contr�ct,
li�bility inswa�e a� F�ereinafEer specifieti.
3.1 Contract,�"s Generel pt,iblfc Iiebility and Property Dama�ge insuranc� i�cluding vehide
�ove�e issued to the Contractor and pratecting him fr�ri aN claims for persori�l injury,
induding death, and a�l ciaims for destruction of or tfam�e to property, arising out of or in
connecdon with anY aperations under the Con�act Documen#s, whether suc� opefatbns be
by himself or by any Su��a�� under him or anyone dir�iy or indire�tly ernployeci by
the Conb�act� � by a Subct�nitact� under him. Insurence shaN be written wrth a lim� of
I�abilhy of no# tess th�n $24p,ppp fcn all dama�es ariaing out af l�ailly injury, induding d�th,
at any time r�utting therefrom, sustsir�ed by any one person in any or�e ac�ic#ent; �r� a limit
of liabilit�r af rtot less than 5500,t�00 for any such damages sustair�ed by Mro ar~mcxe persons
in any one accident. Insurance shall be written with a limit of IiabN�y af not less than
$2�,Q00 f� all psoperty dam�e austained by any one person in any one �iderrt; ar� a
�im�t of �iabilitY of r�t less than 5500,000 for any $uch damage susi�ined by trnro or moce
persona in any one �ccident.
3,2 The Confiactor shall �quue and mainiain, if applicabls, Fire and Extended CoVe�.�
insurst�Ce upon the P'roject to the fult insur��e value therecf for the benefit � the C)wner, the
C°ntracta and Subcant�actor as their intereat may appeat. This provision sh�N in no vvay
�� ��tf�to�' or Contractv�'s Surery from aaigetions under it� Contr�ct
Documents to futly complete the Pro�ect.
4. The Contr�ctor �ha�� pro�re ar�d mafntain, at hia own expense, during th� Iife � tt� CORtr�t, ��
�cordaru�e with the provisbns of the iaws o# the atate in wh#cfi the watk is
Compe�nsa�n Insurance, indudi occu ��°��� W�man's
n9 P�t��e�e provisions, for all of h� emptoyees �t tt�
AED-National Ave @ New Savannah Rd
Pipe Replacement
site of the project and in case any work is sublet, the Contractor sha41 �equire such Subcontractor
similarly to provide Workman's Compensation Insurance, including occupational disease pravisifln
for ali of the latter's employees unless such employess are aovered by the protection affarded by the
Contractor. In case any cfass af employeQS engaged in hazardous work under this Contraci at the
site of the Project is not protected under Workman's Compensation statute, the Contractor shali
provide and shall cause each Subcontractor to provide adequate and suitable insurance for the
protection af his employees nat otherwise pratected.
5. The Contraotar shall secure, if applicable, "AI! Risk" type Builder's Risk Insurance for work to be
performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be
less than One Million Dollars ($1,000,000.00}, The policy shall cover not less than the losses due to
fire, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smake
during the contract time and unti! the work is accepted by the Owner. The policy shall name as the
insured the Contractor, the Engineer and the Owner.
6. 7he Contractor shall, within ten (10} days after the rece+pt of the Notice of Award, furnish the Owner
with a Certifi�cate of fnsurance confirming coverage in the amounts set forth above at a minimum.
GC-22. CONTRACT SECURITY:
1. The Contractor shall, within ten (10) days afte� the receipt of the Notice of Award, furnish the Owner
with a Performance Bond and a Payment Bond in penal sums equai to the amount of the contract price,
conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions
and agreements of the Con#ract Documents and upon the prompt payment by the Cor�tractor to all
persons supplying labor arid materials in the prosecutwn of the work provided by the Contract
Documents. Such bc�nds shall be executed by the Contractor and a corporate bonding company licensed
to transact business in the state in which the wark is to be per�orrnett 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 bands shall be borne by the Contractor. If at any time a 5urety 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 remaved from the list of Surety Companies accepted on Federal Bonds, Contractor
shall within ten (10) days after notice from the �wner 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 Qwner.
The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed
due nor shati be made until the new Surety or Sureties shall have fumished an acceptable bond to the
Owner.
GC-23. ASSIGNMENTS;
1. Neither the ContracEor nar the Owner shaN sefl, transfer, a�sign or otherwise dispose of the Contract
or any portion thereof, or his right, title or interest therein, or his obligatrons thereur�der, without
wrltten consent of the other party.
GC-24. INDEMNIFICATION:
1. The Coniractor will indemnify and hold harmle�s the Owner and the Engineer and their agents and
empioyees from and against a!I claims, damages, losses and expenses including attorney's #ees
arising aut of or resulting from the �rformance of the work, provided that any such claim, damage,
loss or expense is attributab{e to bodify injury, sickness, disease or death, or to injury ta� or
destruction of tangible property, including the loss of uss resulting therefrom; and is caused in whole
or in part by any negtigen# or willful act or omission of the Cantractor and Subcontractar, anyone
directly or indireetly employed by any of them or anyone for whose acts any of them may be tiable.
2. In any and all claims against the Owner or the Engineer or any of their agents. or emplayees, by an
employee of the Contracto�, Subcontractor, anyone directfy or indirectly empfayed by any of them, or
anyone for whose acts any o# them may be iiable, the indemnificatian obligation shali not be limiteci
in any way by any limitation on the amoun# or type of damages, compensation o� benefits payable by
or for the Gontractcx or any Subcontractor under Workman's Compensation acts, disability benefit
acts or other employee benefits acts.
3. The obiigation of the Contracior under this paragraph shall not extend to the liability af the Engi�eer,
his agents or employees arising out of the preparation ar approval of maps, drawings, opinions,
reports, surveys, change arders, design or specif'icaticsns.
Page 11 of 13
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Pipe Replacement
. .
GC-2S.
1. The Owne� r the right to !et other ccnt�acts in conrtiec3ian with this Proj�t. The Cantr�ta�
$h��� a�o�d ott�r corstrecta�s ree�nabie opp�rtunihr far the introduction and s#orage of their
mateti�l8 att� the exeCUtion of their rnro�c aru! attaii RroP�Y �nect artd ccwrdinate his work w+ith
theirs. ff the proper executian � reawNs of any �aR of tt� Can�actar's wa�c depends u�n ti�e work
of any other Carnr�tot, th�a, Contractor shall tnspect anct promptly report to the En�}ir�er any de#ect�
in such wark that render it unsuita#�le for sucfi proper execution and resu#ts.
2. The Owner may perforr� add�tional wwic refaxed to the Rraject by h�mself or he may fet t�
contrac� c�ttainir� pranr�krns similar to these. Ttre Contracfor will affard the othe� Contfactars who
are parti�s ia such cont�a�ts (or the C)wner, if he is pe�forming the additional wrxl� himsel�,
reaso�ble oppatunit}r for the intr+�duction and storage af materials and equipmenC and the
executbn a# the wotk and aha#I prc�perty �nnect and coarciinate his work with theirs.
3. If the p�fcxm�ae of addit'ronat watk by oth� Contractors or tt�e Ow� is not not� in the Cantract
Documents �ior to the ex�ution a# tttie Cantract, written notics thereof sh�l be given to the
Contractar �ior to startfng any auch additional work. If the Conlractor t�elieves that the perfor►nance
of such �f�ipnal work by the pwnet a� oth�s inval�es him in ac�ditional expense t� entitles him fo
an extension a# tha �n� time, t�e may make a claim theref� as provided in Sectians GC-13 antf
GC-14.
GC-26. SUBCONT 1NC3;
1. The Cont�actar may ut�ize the ser�ricees of specialty Subcontrs�ctors on those parts of the worlc which,
untler ►tiamal contracting prsc��, aro performed by specieity Sut�tr2�etois.
2. The Cantrectar shall not awar� work to Subconha�ctor(�}, in exc�ss af fifty (50°�,) percent of tt�
Ccntract �, wittrout prar written approv�l af the Owner.
3. The Contractor ahatl ba fulty responsib� #o the Owner for the acts and omisslon� of hi�
Suboon�Cttxs, ar�d of persons either d�tty ot indtre�tly emp{oyed by them, as he 'rs for the acts
and omissions of person direc�tly employad by him.
4. Tt�e Contractar shall caust� appro�riate provis�ns to be inserted in ail sub�ccrntracts relatnre to the
worlc to bind the Subc;antractvfs to the C,ontractof by the terms vf the Co�trsct Docx�ments insc�fsr as
applicable to the woric af Subcontract+c�rs and to give the Contract� the same pawer as reg�
termin�ting any subcontraot tttat the Ov+mer may exercise over the Contractor und�r any proviaion af
the Cantract Oocuments.
5. Nothing cxrntair�ed in thi� Ccntract sMaii create any contrarctual relat�n betwrsen any Subcon��ctpr
and the Ownet.
GC-27. ENtiaVlER'S AUTHOR�T'�!:
1. Tt� Engir� shaii act as tt� Owne�'s repreaentative during the aanstru�tion period. He at►�i1 d�
q�stiais which may arise as to quality and ac�ceptabfi�hy of materials furrtished ar�d w�k psrtcxmed.
He st�al{ in�et the intent of tt�e Contract Documents in a fair a�nd unb�sed manr�r. The Engineer
will rn�ce visits tfl the site and detarmin� �# the wrxk is pra�eCing in �dance vl+ith tt�e G�b�#
Docume�ts.
2. The CanUactor v�Nl be h�d at�tfy to the intant of the Gor�tra�ct Dt�cuments in regard to tt� qua�ity of
matet�ais, w+arkma�hip arxf ex+scution af the arc�rlc. Inspactions may be made at the factory or
fabrication p1�M or the saurce of ma�eriai supply,
3. The Enqaieer w�i rwt be resp�nsit�e for #fie constructron means, controls, techniques, se�quences,
txocedures. or c�natructi� sa#ety.
4. The Engineer ah�l promptly make �ians relative� to inter�retation of the Contract Docun�ennts.
CaC-28. �D AND RIGHT8-OP WAY:
1. The O�wr�er shall �xovide the Ccx�tractor fMormat�n wh�h de4in+eates and deacxi�es the land awY�ect
and r�ht-of-vva�y a�q�ired.
2, The ConUact� sha#i �ovide �t his own expense and withaut liabilit�r to tl� tawner any additlsanat
land or twikiing an�d ac�es� thereto th�k the Cantracta� rnay desire for temporary c�struction
fBCNiti�B, Or f01' 8lM8g8 df m8t�i8i1�. page 12 of 13
AED-National Ave @ New Savannah Rd
Pipe Repiacement
GC-29. GUARANTEE: �
1. The contractor shall provide a warranty on all work, materials and equipment incorporated into this
project. The warranty p�riod shall not be less than one (1) year from the date of completion and shalt
cover parts and {abor.
GC-30. TAXES
1. The Contraetor wili pay ai1 sales, consumer, use and other similar taxes required by the law of the
place where the work is performed.
GC-31. W�RK ADJACENT TO �LWAY OR OTHER RROPER7Y:
1. Whenever the work embraced in this Contract is near tFre tracks, structures or buildings af the Owner
or of other �ailways, persons, or praperty, the work shall be so conducted as not to interfere with the
movement of trains or othe� 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 approvai of the
Engineer.
GC-32. ORDER AND DISCiPLiNE:
1. The Contractor shali at afl times enfc�rce �strict discipiine and good order among his empioyees and
any, emp{ayee of the Contractor who shall appear to be incompetent, disorderly ar irrtemperate or in
any other way disqualified for or unfaithfiul to the work entrusted to him, shall be discharged
immediately on the request of the Engineer and he shail not again be employed on the workout with
the Engineer's written consent. '
GC-33. WARNING DEVICES AND SfGNS:
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 accur at times that will minimize disruption ta ongoing operations within
the building. Because of the nature of operations, sound and sound transmission are a particular
concem and some activities may need to be scheduied outside narmal working hours. Any such
activities must be coordinated through the Richmond County Tax Commissioner and the Assistant
Director of Public Services, Facil�ties Management Division.
GC-35. AS-BUILT DRAWINGS: Not Used for this Project
GC-36. ALLQWANCES: - Not Used for this Project
Page 13 of 13
AED-National Ave @ New Savannah Rd
Pipe Replacement
Augusta, GA Engineering Department
SUPPLEMENTAL
GENERAL
CONDITIONS
NATIONAL AVE @ SAVANNAH ROAD PIPE REPLACEMENT
PROjECT NUMBER: N/A
SECTIQN SGC �
INDEX T� SUPPLEAAENTAL GENERAL CONDITIONS
SECTION TITLE
SGC-01. Contractor's Breakdown of Lump Sum Payment Items
SGC-02. P�ior 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 Reguiations
SGC-O8. Pre-Construction Conference
SGC-09. Settlement of Disputes
SGC-10. Open Records Act
SECTION SGC
SUPPLEMENTAL GENERA►L CONDITI�NS ���
SGC-01. CONTRACTOR'S �REAKOOWN OF LUMP SUM PAYMENT ITEMS:
The Contractor shall, immediately after the contract has been awarded, submit to the Engineer far his
approval, a br�akdown showing sstimates of all costs apportioned to the major elements of design,
equipment, material and labor comprising the total work inctuded 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 inec�mplete
project or portions thereof, Such prior uss 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 Gontract Documents.
SGC-03. CLEAN-UP:
The Contractor shall keep the pr�mises free frem the accumulation of waste material and rubbisfi and upon
completion of the work, prior to final aeceptance of the completed project by the Owner, he shall remove
from the prem'rses ali rubbish, surplus materials, implements, taals, etc., and leave his work in a clean
condition, satisfactory to the Engineer. Periodic cleaning will be scheduled by a representative of the awner.
SGC-04. MAINTENANCE OF TRAFFIC AND OPERATfONS:
The Contractor shall provide adequate warning and protection for ped�strian and vehicular traffic from any
hazard arising out of the Contractpr's operations and wiil be held responsible for any damage caused by
negligence on his part or by the improper placing of or failure to display danger s'rgns and road lanterns. All
traffic lanes, sidewalks and driveways will be kept open and clear at all times sxcept as provided below. The
Contractor shall not black traffic on any street more than 30 minutes or without written permission fram such
agency. Before leavirtg the wark each night, it shall be placed in such condition as to cause the least
possible hazard therefrom. Shauld the Con#ractor 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 tra�c controls are to
be reviewed by Traffic Er►gineering before irnplementation.
SGC-05. MAINTENANCE OF ACCE3S:
The Contractor wiil be required to maintain access ta the establishment during aN times it is normally apen
for business. Bridg�s across open trenches and work areas will be required to provide vehicular and
pedestrian access. Bridges with handrail protection will be required far crosswalks at street intersections. I# is
recc�gnized 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 operaiions so as to minimize the time that
direct entra�ce is blocked.
SGC-06. EROSION CONTROL AND RESTORATION OF PROPERTY:
The Contractor will tas 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 aceordance with Federal, State and Local
Ordinances covering soil eroswn and siltation prevention. Any areas disturbed during the course af
construction shal! be restored to a condition equal ar 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 �pationat, Health and Safety Act of 1970 (PL31-596) and under Saction 107 of
the Contract Work Hours and Safety Standards Act (PL91-54).
Page 1 of 2
AED-Nationa) Ave @ New Savannah Rd
Pipe Replacement
SGC-08. PRE-CONSTRUCTIQN CONFERENCE•
A pre-construction conf�rence 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 atl requirements of the Cantract Documents.
SGC — 09. CONTRACT DISPUTES
This Agreement shall be deemed to have been executed in Augusta, Georgia, and all questions of interpretation and
construction shall be governed by the Laws of the State of Georgia.
All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the
Agreement, or the breach thereof, shalt he decided in the Superior Caurt of Richmond County, Georgia. The
Consultant, by executing this Agreement, specifically consents to venue in Augusta anc! waives any right to contest the
venue in the Superior Court of Richmond Counry, Georgia.
SGG1Q. OPEN RECORDS ACT:
Contractor acknowledges that this Agreement and certain documentation may be sublect to the Georgia
Open Records Act (Q.C.GA § 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 from the Business license and Enforcement Department.
SC-02. COORI)INATION OF WORK•
The Contractor shall coordinate his work with the Traffic Engineering Section of the Augusta Engineering
Departxnent and the Richmand County Sheriffs Department as required for tra�c control. All construction
shall be in accardance with the cantract documents and applicable cades and regulations.
SG03. OPERATI4N AND STORAG AREAS•
The nature of this project does not pravide for secure storage on the job site. The owner will not be
responsible for providing seeuriry 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 &ee from the accumulation of waste material and rubbish. Upon
completion of the work, priar to final acceptance of the completed project by the Owner, he shall rem4ve
from the prernises all rubbish and surplus materials to the satisfaction of the Engineer.
Page 2 of 2
AED-National Ave @ New Savannah Rd
Pipe Replacement
Augusta, GA Engineering Department
NT T '
CO �;AC OR S
STATEMENTS
NATIONAL AVE @ SAVANNAH ROAD PIPE REPLACEMENT
PROjECT NUMBER: N/A
. .
/� ''i�jl�.,,
G E� O R G I A
Attachment B
Listed below is a consolidated listing of the Staternent of Non-Discrimination, Nan-Collusion
Affid�vit of Prime Bidder/Offeror, Conflict of lnterest and Contractor Affidavit and Agreement.
Please cornplete, date, notarize and return pages 1-3 of Attachment B with your submittal.
Statement of Non-Dlscrimination
The undersigned understands that it is the policy of Augusta-Richmond County to promote fu{I and
equal business oppartunity for ail persons doing business with Augusta-Rtchm�nd Count�r. The
undersigned covenan#s that we have not discriminated, on the basis af race, re(igian, gender,
nationak origin or ethnicity, with regard to prime contracting, subcontracting or partnering
opportuni#ies.
The undersigned covenants and agrees to make good fa�th efforts to ensure maximum
practicable participation of loca! small businesses on the bid or cantract awarded by Augusta-
Richmond Cv�nty. The undersigned further covenants that we have compteted truthfuliy and fully
the required fofms regarding good faith efforts and local smal4 business subcontractar/supplier
utiliaation.
The undersigned further covenants and agrees not to engage in discriminatory conduot of
any type against locai smaU businesses, in conformity with Augusta-Richmond County's Local
Smail Business Opportunity Program. Set forth below is the signature of an o�cer of the
bidding/contracting entity with the authority to bind the entity.
The undersigned acknowledge and warrant that this Company has been made aware af
understands and agrees to take affirmative action to provide such campanies w►th the maximum
practicable apportunities to do business with this Company;
That this promise of non-discrimination as made and set forth herein shall be continuing i�
nature and shall remain in full €orce 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 incorpofated by reference into any contract or partion
thereof which tfiis 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 shaN constitute a material breach of contract
entitling the City of Augusta to declare the contract in tief�uit and to exercise any and all applicable
rights remedies including but not limi#ed to cancellation of the contrac�t, termination of the contract,
suspension and debarmertt from future contracting opportunities, and withholdin� and or farfeiture
of compensation due and owing on a contract.
x ♦
Attachment B- Page 2 of 3
Non-Collusion of Prime Btdde�/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 aRived at independently without colfusion, consultation,
communications, or agreement, for the purpose of restricting competition, as to any matter relating
to such prices with any o#her vendor or with any competitor.
(b) Unless otherwise required by law, the prices which have been quoted in the proposa{ have not
been knowingly disclosed by the vendar priar to opening, directly or indirectly, to any other vendor
or to any competitor.
(c) No attempt has been made, or wifl be made, by the vendor to induce any other person,
partnersh+p or corporation to submit or not to submit a proposal for the purpose af rest�icting
competition. Co!lusions and fraud in bid preparation shail be reported to the State of Georgia
Attomey General and the United States Justice Department.
Confli of Interest
By submissior� of a bid, the responding firm certifiies, under penalty of perjury, that to the best af its
knowt�dge and belief:
1. No circumstances exist which cause a Conflict of Interest in performing the senrices required by
this ITB, and
2. That no employee of the County, nor any member thereaf, nat any public agency or offciai
affected by this 1TB, has any pecuniary interest in the business of the respanding firm or his sub-
cansultant(s) has any interes# that would conflict in any manner or degree with the performance
relatad to this ITB.
By submission of a bid, the vendor certifies under penalty of perjury, that to tMe best of its
knowledge and belief:
(a) The prices in the bid have been arrived at independently w�thout coltusion, consultatian,
communications, or agreement, for the purpose of rest�icting competition, as to any matter relating
to such prices with any other vendor or with any competito�.
(b) Unless otherwise required by law, the prices which have been quoted in the bid have not
knowingiy been disctosed by the vendar priar 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 restrieting
competition. For any breach or vi4tation o# this provision, the County shall have the right to
terminaie any related contract or agreement wit#�out liability and at its discretion to deduct from the
price, or othervvise recover, the full amaunt of such fee, commission, percentage, gift, payment or
consideration.
• •
Attachment B- Page 3 of 3
Contractor A#fidavit and Aareement
By executing this affidavit, the undersigned eontractor verifies its compliance with O.C.G.A. 13-10-
91, stating affirmatively that the individual, firm, ar corparation which is contracting with Augusta
Richmond County Board o# Commissioners has registered with and is p�rticipating in a federal
work authorization prc�gram'` [any af the etec#ronic verification of work authorizatian programs
operated by the United States Department af Homeland Security or any equivalent federal work
autfiorization program operated by the United Ststes Department of Homeland Security to verify
info�mation of newly hired employees, pursuant to the Immigration Refarm and Control Aet of 1986
(iRCA), P.L. 99-603J, in accorc#ance with the applicability provisions and deadlines established in
O.C.G.A 13-10-91. The u�dersigned further agrees that, should it emplay o� 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 seeure from sucfi
subcontractor(s} similar verification of compliance with O.C.G.A 13-10-91 on the Subcontractor
Affidavit provided in Rule 300-1fl-01-.08 or a substant�aily 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 subcontractot�s) is retained to perfarm
such service.
Georgia Law requires your company to have an E-Verify'User ldentification Number on or after July 1, 2009.
For additional infarmation visit the State of Georgia website:
https:l/e-verifiv.uscis.qov/enrolV and/or httn://www.dol state qa uslpdf/rules/3QQ 10 1 odf
____�.��.�a
E-Verify * User ldentificatfon Number
The undersigned further agrees to submit a notarized capy of Attachment B and any required
documentat'ron noted as part of the Augusta Richmand County Board of Cammissions
spec�cations which govem this process. In additivn, the undersigned agrees to submit all
required forms fo� any subcontractor(s} as requested and ar required. 1, further understand that
my sabmittal w�ll be deemed non-cornp►tiarit if any part of this process is violated. '
�l°��PttL �f'f� �1''t�c'�Cr`���_ -
Com any e
B: o d cer o� Agen
( ontra or Signature)
C9l,t�.�_��2.� � si�10 �_
Titie of Authorized Officer o� Agent of Gontractor
� �
Printed Na of Authorized Officer or Agent
SUBSCRIBED AND SWURN BEFORE ME ON THIS THE � DAY OF �� 20�
r �
N tary Public T�n B NOTARY SEAL
. �Y Y�
My Commission Expires: Notery Pubtic
tutt
Please complete, date, notari�'�i� pages 1-3 of Attachmen# B with yaur submittal
a�,. ., �,��.►.�
. ,
/' ''%��
G E' O R t3 I A
BIDDER'S FORMIA,CKN�WLEDGEMENT 4F ADRENDA
City of Augusta Procurement Department
530 Greene Street, Suite 605 Bu ess Locatio�s: (Check One)
Augusta, Georgia 309a1 Augusta Richmond County
ATfN: Pracuremsnt Director Other
Name of Bidder: ' '
Street Address:
' City, State, Zip Code: L'�"t( I%� T �__���(7(a
Phone: �,— ��} —��.� Fax: � �7' � EmaiL• s Y����S'}',� e� Uf� pY�
o------ •�.Q
City LJcense Requirement: Contractor must be licensed in the State of Gearg{a or by the Governmental
eniity for where they do the majority of their business. For further information contact Robert Sherman af the
License and inspection Departmeni @ 706 312-5 2.
Do You Have A Buslness License? Yes: No:
Licensed By What State. Cltv 8 Countv �
Business License #: � C�'�� C�j`1 - I� �' Fed Tax Id #: "' u g'3��
Acknowiedgement of Addendu • k and Initial the appropriate box:
Addenda�1 V Initial Addenda 5 initial
Addenda 2 Initia! Addenda 6 Initial
Addenda 3 Initial Addenda 7 Initial
Addenda 4 Initial Addenda 8 Initial
THE UNDERSIGNED PROPOSES TO FURNiSH THE FOLLC3W{NG ITEMS tN STRICT CONFORMANCE
TO THE BID/RFPIRFQ SPECIFICATtONS AND BID/RFP/RFQ INVITATIQN tSSUEQ BY THE CiTY OF
AUGUSTA FOR TH1S BID/RFP/RFQ ANY EXCEPTIONS ARE CLEAR�Y MARKED IN THE ATTACH�D
COPY OF BID/RFP/RFQ SPECiFICATlO1VS:
� . ,
Signature: Date: y — � �
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YC)UR SUBMITTAL
REV.11/13J09
/' ''i�=—�s�
G E� O R G I A
In accordance with the Laws of Georgia, the following affidawit is required by ail vendors
NON-COLLUSION AFFIDAVIT OF SUBCONTRACT4R
I, certify tha# this bid or proposal is made without prior understanding,
agreement or connection with any corparation, firm or person submitting a bid for the same work,labor or service to
be done or the suppEies, materials or equipment to be fumished and is in all respects fair and withaut caflusion or
fraud. I understand coltusive bidding is a viQlation of sfate and fecieral law and can result in �nes, prison sentences
and civil damages awards.l agree ta abide by all conditions of this bid or proposal and certify that t am authorized to
sign this bid or proposal for the bidder.
Affiant further states �ax py�suant to fl.C.G.A. Section 36-91-21 (d) and (e),
r r���..�_ has not, by itseif or with others, directly or indirectiy,
prevented or attempted to prevent competition in such bidding or propasals by any means whatsaever. A�antfurther
states that (s)he has not prevented ar endeavored to prevent anyone from making a bid or offer an the project by any
means whatever, nor has Affiant caused or induced a er to withdraw a bid or offer far the work.
A�ant further states that the said offer of is bona fide, and tha# no one has gone
to any supplier and attempted to get sueh person r company io furnish the materials to the bidder only, or if
furni hed to any oth r bidder, that the material shall be at a higher price. .
i re of A thor' ed Company Representative
a
Title
Swom to and subscribed before me this ��, day of ��C� , 20 �`
� ��� ��� . �
Notary Signature
Notary Pubiic: 1 � ��(1��_�J_��� (Print Name)
County: � �'`���'M�'J�C�-
Commission Expires: Trinity Byrd NOTARY SEAL
o u
If there are no subcontracting ��� form me�st be executed (writ� N/A, sign, date, and notarize j.
Nate: The successful vendor will submit fhe abave form to fhe Procuremenf Departmenf no later than five
(5) days after receiving the "Letter of Recommendatian" (Vender's letter wil! denofe !he date farms
are to be recelved)
Rev. 11QS/10
� '' i�j
G E�� O R G I A
STATE OF GEORGlA - COUNTY �F RiCHMOND BID/RFPIRFQ# — O�I
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91,
stating affirmativeiy ihat the individuai, firm r c�� tion which is engaged in the physical performance of
senrices un�fer a contract with an behalf of Augusta Richmond Caunty
Board af Commissioners has registered w�th and is participating in a federal work authorization pragram"
[any of the electronic verification of work authorization programs operated t�y the United States
Department of Home{and Security or any equivalent federai work authorization program operated by the
United States Department of Homeland 8ecurity to verify information of newly hired emplayees, pursuant
to the Immigratio+� Reform and Cantrol Act af 1986 ([RCA), P.L. 99-603], in accardance with the
applicability provisions and deadlines established in O. C. G. A 13-10-91.
� ����
E-Ver ' User ldentificatian Number
r
Com any Na
;`
B oriz 0 cer ar Agent
( ontr tor Signature)
fs�.+en-�
Title of �uthorized Off'cer or Agent of ContrBCtor Georgia Law requires your company to have an
� E-Verify"User ldentifir,atfon Number on or after July
1, 2009.
Printed Nam f Au harized D�cer or Agent
SUBSCRiBED AND SWORN BEFORE ME ON THIS THE For additional information: State of Georgia
http://www, dol.state.qa. usladf/ruies{340 10 1. �df
� DAY OF �a` , 2p � \ https://e-verifv.u�cis.gov/enrolll
Nota Public
T�iniiy Byrd
My Commission Expires: Notary PubtiC
Col�mhia�_ NOTARY SEAL
Octot� 9 2011
If there are no subcontrac#ing opportunities the form must be executed (write N/A, sign, date and notarizsj.
Nofe: The successful vendar wi1� submif tl�e above form to the Procurement Department no /ater than five
(5) days after recelving the "Letter of Recommendation" (Ve�dor's letter wilf denote the date forms
are to be received)
REV. �ro��o
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Bond Number: 11-01297-BIC
THE AMERICAN INSTfTUTE C�F ARCHITECTS
A/A Document A390
Bid Bond
:NOWN ALL M�N BY THESE PRESENTS, that we
EFFERY HARRIS TRUCKING, ING.
'A. BOX 14311
.ugusta, GA 30919
�s Principal, hereinafter calleci the Principal, and
irst Sealord Su�ty, inc.
�O Box 900
'ilianova, PA 19085
corporation duly cuganized under the laws of the State of PA as Surety, hereinafter cali� the Surety, are held and firmly bound
nto
.ugusta-Richmond County Gommission
30 Greene Street
.ugusta, GA 30801
s Obligee, hereinafter cailed the Obligee, in the sum of
0 .00% of bid amount not to exc�d NINE THOUSAND AND OOt100 (58,000.00j
or the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, aur heirs,
xecutors, administrators, sucxessars and sssigns, jointly and severally, firmly by these presents.
JHEREAS, the Principai has submitted a bid for
ational Avenus � New Savan�ah Rc�aid Pipe Replacement ITB-11-04�-0-2011lPJM
OW, THEREFORE, if the Obiigee shall aacept th� bid of the Principal and the Principal shali enter into a Contract with the
bligee in accordanr.e with the terms af such bid and give such bond or bonds as may be specified in the biddi�g or Contraet
ocuments with good and sufficient surety for the faithful �rformance of such ConVact and for the prompt payment of labor and
:ateNal fumished in the prosecution thereof, or in the event of the failure of the P�incipal to enter such Contract and give such
md or bonds, if the PMncipal shall pay to the Obliges the difference not to exceed the per►alty hereof between the amount
�ecified in said bid and such larger amaunt for whirfi the Obligee may in good faith con#ract with another party to pertortn the
bric covered by said bid then tttis obligation shall be null and void, othervvise to remain in fuli force and effect.
� and sealed thi h day February of Z011.
JEFFERY HARRIS TRUCKiNG, 1NC.
i_ Seal) � (Seal)
ness J RRIS, P ESIDENT
�
First alord Sur@ , Inc.
( t Seal)
(Witness) Sam H. NewbeRy, Attomey-ln-Fa t .
: DOCUMEN7 A310 BiD BONO A1A� �► FEBRUA�F2Y 19?0 ED TtiE AMERICAN
�TITUTE OF ARCHtI'ECTS, 1735 N.Y. AVE., N.W. WASMINGTON, D.C. 2�06
9/93
� Bond Number:11 57•PP
Document A312 2010
Payment Bond
CONTRACTOR: SURETY:
(Na»�, lega! status and aaldress) (Name, legsl �etus and princ�pal �ace of business)
JEFFERY HARRIS TRUCKING, INC. First Sesilord Surety, Inc.
P.O. BOX 14311 PO Box 900
Augusta, GS 30819 Villanova, PA 18085
OWNER:
Augu staaRichmon �o n Commission BOND PREMIUM BASE�► ON
Aug ata, GA 30SOt1 FINAL CONTRACT PRICE
CONSTRUCTION CONTRACT
Date:
Amount: $43,700.00
Desc�iption (Name and Locabor►)
National Avenue Pipe Replacsment
BOND
Date: 3/23/2011
Amount: 543,700.00
Madifications to this Bond: � None ❑ See Sec�ion 18
CONTRACTOR AS PRlNCIPAL SURETY
Company: (Corporate Sea�) Com (Corporate Seal)
JEFFERY HARRIS TRUCKING, INC. First Su Inc.
X: X:
Name nd ' Name and TiUe: �
JEFF RY HA RIS, PRESIDENT Sam H. Newberry, Attomey-In-Fact
(Any additiona/ si�n�tures appear on the /as# page of this P�yment Bond.)
(FOR INFORMATION ONLY—Name, Address and telephone
AGENT or BROKER: OWNER'S REPRESENTATIVE:
The Surety Group Agency, LLC (Architect, Engineer or Other Party)
Sam H. Newberry, Agent
1900 Emery St., Ste. 120, Atlanta, GA 30318
404-352-8211
§ 1 The Contractor and Surety, jaindy and severally, bind themselves, their heirs, exe.cutors, administratrns, successars and assigns to
5
1 �
the Owncr to pay for labor, materials and equipment furnished for use in the perfora�anco of the Construction Contract, which is
incorporated herein by refcrence, subject to the following terms.
� 2 If the Contractor prou�tly makes payment of all swms due ta Claimants, and deftnds, indemnifies and holds h�rmless the
Owner fra�n c�, demands, liens � suita by any person or catity seeking payment for labor, materials or equipalent fiunished for
use in the performance of the Const�tion Contract, then the Surety and the Contractor shsll havt no abligation under this Boad.
� 3 If th�e is � Owner Defatilt ut�cr the Construction Con�act, tl� Surety's obligation w tlu Owner u�er this Bond shall arise after
the Owner has promptly notifieci the CoYmactor and the Surety (�t the sddress describad in Seetion 13) of claims, dema�ds, lieas or
suits against the Owner ar the Own�r's prope�rty by any persan or entity seeking payment for labor, material� or equipment fumishcd
for use in the performance of the Construction Contract and tendered
defense of such claims, demands, liens ar suits to the Contractor ami the Surery.
� 4 When the Owncr has satisfied the co�uiitions in Section 3, tt►e Surety shall pro�tly and at tt►e Sur�ty's expense defend,
indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
� S The Surety's obligations w a Claimant u�er this Bond shall arise after the following:
§ S.l Claimants, who do not have a direct contract with the Contractor,
.1 have fiunisl�d a written notice of non-PaYment to the Contractor, stating with substantial accuracy tt�e a�unt claimed
and thkc name of t� party to whom the materials vvere, or equip�nt was, fiu�nished or supptied or far whom the labor
was done or perfotsnod, within ninety (90) days after having last performed labor or last fiunishe� materials or
equipment included in the Claim; ami
.2 have seat a Claim to tho Surety (at the addre�s describ� in Section 13).
§ 5.2 Claimants, who are tmployed by or have � direct contract with the Contractor, have seni a Claim ta the Surety (at t�e address
described in Section 13).
� 6 If a nodce of non-p�yment required by Section 5.1.1 is givr,n by che Owner to the Gontractor, that is sufficient W satisfy a
Claimant's obligation W fiu�nish a writtcn no�co of non-payment under Sect�ion 5.1.1.
§ 7 When a Claimant has satisfisd the conditions of Sections 5.1 or 5.2, whichever is applicable, tl� SuretY � 1��Y and
at the Surety's �xpense take the following actions:
� 7.1 Send an answ�r to the Claimant, with a cogy w the Owner, within sixty (60) days after receipt of the Claim, st�ting the
amounts t�t are undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed a�nounts.
� 7.3 The Surery's failure to discharge its obligations urui�r Section 7.1 or Secrion 7.2 shall not be deemed to constitute a wa.iver.
of defenses tbe Suret�+ or Contractor may have or acquire as to a Claim, except as to undesputed amounts for which the Surety and
Claisnant have reachod agreement I� however, the Surety fails to dixharge its obligations under Section 7.1 or Section ?.2, the
3urety shall indemnify the Clsimant for the reasonable attorney's €ces the Claimant incurs thereafter to recover any suma faund
to be due and owing to the Claianant.
g 8 The Surr�s total obligation shall tawt axceed the auwunt of this Bond, plus t� amount of r�sonable attor�y's f�s provided
under Sect�on 7.3, �d t� am�aunt of tlus Bond ahall be cr�ited for anY PaYments m�ie in good faith by the Surtty.
� 9 Amounts ow� by the Owner to the Contractor uader the Co��uction Cantract shall be usal for the perfoi°mance of t3�e
Constructioa Contract and to satisfy cla,inns, if any, under any constructian gerformance bond. By the Gontracwr furnishing and the
Owner accepting this Band, they agree that alt funds earn,ed by the (;ontractor in the perfexmance of tl� Consttvction Cant�act sre
dedic�ated to satisfy obligations of the Contractor anai Surety umier this Boad, subj ect to tho (hvuer's priority to use the fiuids for the
completion of the work.
6
§ 10 The Suroty shall not be lisbie w the Owner, Claimants or others for obligations of the Contcaewr that are unrelated to the
Construction Cantract. The Qwner shall �t be liable for ihe payment af any eosts or expenses of any Claimant under this Bond, and
shall have under this Bond no obligation to make payments to, or give norice on be�f of, Claimants or otherwise havo aay
obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, includ'u�g changes af time, to the Construction Contract or to related
sul�ontracts, purchase ordeis and ather obligarions.
§ 12 No suit or action shall be commenc� by a Gl�iment under this Bond other than in a court of com�etent jurisdictio� in the state
in which the project thai is the suhject of the Gc+nstruction Contract is lacated or after the expiration of one ycaz from the date (1) on
which the Claimant sent a Claim to the Siu�ety pursuant to Section 5.1.2 or 5.2, or (2) an which the last labor or service was
perfonayai by anyone or the last �terials or equipa�nt were furnished by anyone under the Cartsmicti�n Contract, whichever of (1)
or (2) first oceurs. If the provisions of this Paragraph are void or protubited by law, the minimum period of limitatiem available to
svreties as a defense in the jurisdiction of the suit shall be applic�ble.
§ 13 Notice sud Cl�i� to t� Surery, the Owncr or the Contracwr shall be mailai or �livered t� the addisess shawa on the page on
which their signatur+e appears. Actual receipt of notice or Clairns, hawever accomplished, sha.11 be sufficient compliance as of the
date receiveci.
§ 14 When this Bond has been furnished to cfltn�ply with a staiut�ry or other legal requirement in the locatian where the co�tzvctioa
was to be performed, any provision in this Bond oonSicting with said statutory or legal requirement shall be dt�mcd deleted
herefrom and provisions conforming to such statutory ar other legal requirement shall be deemed 'meorporated herein. When so
furnished, thc intcnt is that this Bond shall be canstrued as a statutory bond and not as a common law bond.
� 1S Upon r��t by any person or entity a�earing to be a potential ben�ficiary af this Bon�d, the Contractor and Ovvner shall
promptly furnish a copy of this Bond or sha11 permit a copy to be made.
� 16 Definidons
§ 16.1 Claim. A written statement by the Claimant including at a rninimum:
.1 the name of the Claimant;
.Z the name of the person for whom the labor was done, ar materials or equipment furnished;
.3 a copy of the agreement or purchase arder pursuant to which labor, materials or equip�nt was funushed for
use in the performance of the Constru�tion Contract;
.4 a brief description of the labor, maxerials or equipment fiunished;
.5 the date on which the Claimant last performed labor or last fiunished materials or equipment far use in the
performance of the Construction Cantcact;
.6 the tvtal amcrunt earned by the Claimant for labor, materials or equipment furnished as of the date af the Claim;
.7 the total amount of previous pay�nts received by the Claimant; and
.8 the Wtal amount duc and unpaid w the Claimant for lahor, materials or equipment furnished as of the date of the
Claim.
� 16.2 Claimant. An individual or enrity having a direct contract with thc Contractor or with a subcontractor of the Contractor to
furnish labor, materials or equip�n,mt for use in the performance of the Construcrion Contract. The term Claimant also includes any
individual or entity that bas righf,fully assertcd a claixn under an applicable mechaaic's lien or similar statute against the real pr�geriy
upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materisls or
equipment" that part of water, gas, power, light, hcat, oil, gasoline, telephone service or rental equipment us� in the Const�vction
Contract, arcl�ite�tiu�l and enguieering service,s required for performance of the work of the ContracWr and the Contractor's
subcontra�ctors, and all ot.�er items for which a�chanic's lien may be ass�rted in the jurisdiction where the labor. materials or
equipment were furnished.
� 16.3 Construction Co�traet. The agc9eement betwcen tbe Owner a� Contractor identified on tl� caver page, including
, a11 Contract Documents and all ehanges ma,de to the agreement and the Contract Documents.
7
§ 16.4 Owner Defanit. Failure of the Owner, which has not b�r► rca�disci or waived, to gay th�e Contraictor as r�uired urider the
Construction Contract or W perform and complete or compty v�+ith the other material terms of the Construction Contract.
§ 96.5 CoM�t D�urri�rtts. All the docun�ents th�t comprise the agreement bctween the Owncr and Contractor.
§ 17 If this Bonci is issued for an agtee�nt between a Cantractor aud subeantractor, the term Contraetor in this Baad shall be dcen�eci
to be Subcontracwr and the terra Owner shall be dee�ed to be Concractor.
� 18 Modifications w this bond are a$ follaws:
(Space is provided for additianal signatures of added parties, other than those appearing on fhe cover
page.)
CONTRACTOR AS PRINCIPAL SURETIf
Company: (Corporafe SeaJ) Company: (Corporefe SeaQ
X: �;
Name and Title: Name and Title:
8
First Sealord Surety, {nc Powar No: ATL-0353-1p-
Power of Attorney '
KNOW 1�kLL MEN BY THEBE PRESENTS: That First Sealo�d Surety; Inc., a corporation of the Cvmmonv�ealth of Pennsylvania, (hereinafter the
"Company") has made, constikuted and appointed, and by these presen#s does make, constitute and sppant
Sam H. Newberry, Shoni TrammeN, Traci OSullivan, Qawn Albright andJar Kelly McLeod all of Atlanta, Georgia
its true and {awful Attomey-in-Fact, to make, execute and detiver on ils behalf insuranee policies, suretybonds, undertakings and other ins#ruments of a
similar nature as foilows:
*`**""""""` Nat To Exces�d Five Mill6on �otlars----------------------------(53,000,000.00) '**`""*"'"
Such i�surance policies, swety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attomey=in-Fact, shaii b�;
binding upon the said Corpwation as fully and to the same extent as if signed by the du�y authosi2ed c�fic.ers af tha Corporation and sealed w'tth its
corporate seal; and all the acts of said Attomey-irt-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This appantment is made pursuant to the foliowing By-Laws which were duly adopted by the Bnard af Directars of the said Corporation on April 7, 2003
with all Amendments d�erela and are still in full force and effect:
"Article XII': Policaes, Bonds, Recognitions, SGpulatio�s. Consents of Surety, Undeswriting Under4akings, and Instr�ments Reiating Th�ret0.
Secticn 12-1. InsUrance pdicies, bpnds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corp4ration, and releases,
agreemsnfs and ott+er writings relaUng in any way thereto or to any Gaim or loss thereunder, shalt be signed in the name and on behalf of the
Corporation: a) by the Chairman of the Baard, the President or a Vice President, and by the Secretary or an Assistant Seeretary; or b) by an Attomey-
in,Faet (or the Corporat{on appointed and authorized by the Chairrnart of the Board, the Presidsnt, or a Vice PresidenLb make such signature; or c) by
such other officers ar representafives as the Board rr�ay from tirtte ta time determine. The sesi of the Corparatiort shall if appropriate be affixed theteto by
any such of��e#, Attomey-ln-Fact or representative. The authority of sach Attorney-in-fact and Agents shaN be as presaibed in the'instrument
evidandng thair ap�ntmeflt. Any such appointment and all authariry grented thereby may ba revoked atany time by the Board of Directors or by any
person empowered to make such appantment."
IN WITNESS WHEREOF, First Sealord Surety, Inc. has caused these presents to be duly signed and its coryorate seal to be hereunto affixed and duly
attested this 20th day of January, 2004.
� a First Sealorsi Surety, Inc.
�
a► �� {�
(Seaq r �.���.�� Attest: � By:
�"'"°'� Gary L. Bragg, Secretary Joet D. Cooperman, Vice President
Commonweaith of Pennsytva�ia
County of l4fontgomery
On this 22" day of April, 2010, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., saGsfac�oriiy proven to
be th� person whose name is suk�cribed to this instrument (dnver's license), who, being by me duly sworn, said that he resides in tMe Gommonweaith of
Pennsylvania, that he is �ce President of �rst Sealcxd Surety, Inc., the corporatian described in and whic� execated the focegoing instrument; that he
knows th� carpotate seal .of the said Corporation; that.the seal a�xed to said instn.iment is such cor� ^rofo cn�el� Phaf �f wpc c.. �ffi�eorl h�� nnior nf tho
Board of Directio� oi` �orposation; and thaE he signed hia name thereto as Uice President of sait ���� Y ��
�te�a F� n�a��� � � - �._ � -
���� � . -
Cbunty of �[awar� • �
, � - Notary Pu61ic ` ��� �'�F�� �
_ ' y � • 4 �_ , .' s � ,� ���I� �
- ,. ���� �`, z _ � . s GERTIFICATE +���' i2
{� t�1�'1{�@I'$151) .� c J � ` ���O �First SeaVard��Surety, tnc. do her�by certit�r that the origina! Power of n�twi�c-y vi �riii�.�� uea 4vrcyvn.b u� a�u��� uvv e�w
cone�t bdpy;� js �,f�l!`�a�s aryf! ef�ect on the date of tk�is Certific�te and t do furEher ceriifiy that �e C)f€ieer w�ho exscuUSd the said f>cav�r cr# Altomey waS.
or�e of•�he Off�fs �utF�'iz�' by the $aerd of flireCtors to appant an At�vrney-in-Fact as pro�ided ir� Sectibn 12-1 0( the $y-i.aws of FirSt 5ealard
Sucery, lnc.•This C�.+ti�icate' may be signed and seeled py facs"rcaaile undsr and by authacity of the follp�ring provisions of tMe By-��w� of First Sealor�f
Surery:l�ic.: ' - . .
"Se�tien 12-2. The use of a printed facsimile af the corporate seal o# the Carporation of Me signature of the Secretary or-an Assistamt Seccetary on
any certification of the �rrectness of a copy. of an instaxnent executed hy an authqrized persc� pursuani to Artide XSI Section 12-1 of tl1e $y-Laws
appointing and authqrizing an -Attorney-in.Fact to sigrr: in the name a1�7 oi� bet�alf of tire �o��ti� swre�;bonds, und�tin� �nifeftal�if�,�r ofh�r =
i�st�uinent� desaibed in said;,Secticm 12-1, with drke�efFect 8s if'such s��ai=and s�ich si�nature� t�ad:=be�n rr�air�aAy a��+ z# ancl'� ": ` `
, . . . _; ;
,, ,: . _ ,.� ;
, , , : -, _ . . _ _
_ -: ,_ ;:.
� _ ..,
In Witness Whereoi, I have hereur�to set my hand and affixed fhe �rporate seaT af 'the Corporafion to titese pre�ents
this� day of �(.�� _�.�, 24 � 1 .
7'his ppwer af attcrney is vad unless the Bond number is inserted in this paragraph {insert Bond # here ��"' ��� '� �, ), the bond
numbe! is ihe sartxs n��mbes as on the origir�al bond, nd the bond number has.been inseKed by an afficer or employee of the Corrt�any o,r bq the �g�nt.
(seal} , ', � �
Ga L. Bragg, ecretary
. .
Bond Number: 11-02157•PP
Document A312
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place of business)
JEFFERY HARRIS TRUCKING, INC. First Sealord Surety, Inc.
P.O. BOX 14311 PO Box 900
Augusta, GA 30919 Villanova, PA 19085
OWNER:
(Name, legal status and address)
Augusta-Richmond County Commission BOND PREMIUM BASED ON
530 Greene Street
Augusta, GA 30901 FINAL CONTRACT PRICE
CONSTRUCTION CONTRACT
Date:
Amount: $43,700.00
DeSCI'IptiOn: (Name and Location)
National Avenue Pipe Replacement
BOND
Date: 3/23/2011
Amount: $43,700.00
Modifications to this Bond: � None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Comp (Ca�parate Sea/)
JEFFERY HARRIS TRUCKING, INC. First Surety nc.
X ... X � ...---
. r. a_____�_� .
Na n Ti : Name and Title: ��
JEFFERY H RIS, PRESIDENT Sam H. Newberry, Attorney-In-Favt
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY—Name, Address and telephone
AGENT or BROKER: OWNER'S REPRESENTATIVE:
The Surety Group Agency, LLC (Architect, Engineer or Other Party)
Sam H. Newberry, Agent
1900 Emery St., Ste. 120, Atlanta, GA 30318
404-352-8211
1
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to
the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor sha11 have no obligation under this Bond, except
when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond sha11 arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor
Default. Such notice shall indicate whether the Owner is requesring a conference among the Owner, Contractor and
Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within
five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a
conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section
3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the
Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction
Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construcrion
Contract to the Surety or to a contractor selected to perform the Construction Contract:
§ 4 Failure on the part of the Owner to comply with the norice requirement in Section 3.1 shall not consritute a failure to comply with a
condition precedent to the Surety's obligations, or release the Surety from its obligarions, except to the extent the Surety
demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the
following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Underta.ke to perform and complete the Construction Contract itself, through its agents or independent contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected
with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the
bonds issued on the Construcrion Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the
Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness
under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after
the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on
this Bond seven days after receipt of an addirional written norice from the Owner to the Surety demanding that the Surety perform its
obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as
provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice
the Owner shall be entitled to enforce any remedy available to the Owner.
2
§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than
those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety sha11 not be greater than
those of the Owner under the Construction Contract. Subject to the commitrnent by the Owner to pay the Balance of the Contract
Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correcrion of defective work and completion of the Construction
Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulring from
the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused
by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construcrion
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No
right of action shall accrue on this Bond to any person or enrity other than the Owner or its heirs, executors, administrators,
successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and sha11 be instituted within two years after a declaration of Contractor Default or within
two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under
this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 12 Norice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicring with said statutory or legal requirement shall be deemed
deleted here from and provisions conforming to such statutory or other legal requirement sha11 be deemed incorporated herein. When
so fwnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after
a11 proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the
Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Contractor under the Construction Contract.
§ 14.2 Consuuction Conuact. The agreement between the Owner and Contractor identified on the cover page, including all
Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with
a material term of the Construction Contract.
§ 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the
Construction Contract or to perform and complete or comply with the other material terms of the Construcrion Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
3
}
§ 16 Modifications to this bond are as follows:
(Space is provided for additional signatures of added parties, other than those appearing on the cover
page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
X: X:
Nam : a itle Name and Title:
�;
�
4
FIrSt ��'1��Cd Sl.lret�/� IIIC. Power No: ATL-0353-10-21247
P+�wer of Attorney ,
KNOW �4LL MEN BY THESE PRESENTS: That First Sealord Surety, 1nc., 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 TrammelF, Traci ASullivan, Dawn Albright and/or Kelly McLeod all of Atlanta, Georgia
`its ttue and lawful Attorney-in-Fact; to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
sirnilar nature as follows
*""'"'***** Not To Exceed Five Million Doilars--------- ---------------• ($5,000,000.00) **""""**"*
Such insurance palicies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attomey-in-Fact, shall be
binding upon the said Gorporation as futly 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 Attomey-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 Xlls 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 ar�y way thereto orto any claim orloss'thereunder; shall be signed inthe 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 a�xed 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 aH 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, lnc. has caused these presents to be duly signed and its corporate seal to be hereunto a�xed and duly
attested fhis 20th day of January, 2004.
� -� , s��;� First Sealord Surety, lnc.
�r�� :
��€ ass;���;
(Seal) : Attest: � By:
J ,, r .,,.,,�,q . � . . .
,��'"""""°��', Gary L. Bragg, Secretary Joel D. Cooperman, Vice President
Commonwealth of PennsyNania
Gounty af Montgomery
On this 22`� day of April, 2010, before me personafly appeared Joel D, Gooperman, Vice Rresident 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 swom, 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
knows the corporate seal of the said Corporation; that the seal a�xedto said instrument is such corp�r�+o �o�r +�,�+ �+,.,�� en ��veR hv nrrlcr nf 4hc
x� --z:
Board of Directo� o�`�aid Corporation; and that he signed his name thereto as Vice President of saic ��������
��ta#e �f Pe+�n's�;la!ania � � ~#xi41'i�iRt�4,. S�l.
t..-oun#y of L�efawar� � f��."!� H. Pub11C
� - Notary Public
F l. 4 �s° /�r ��4� TtNp., Q@b�N�Kt�C�Ui1�#y
_ t : �t�.`+�ft�iSSS�t��esJt�t��a3�'20f2
- �����} �" � � �- CERTIFICATE
I Ser�P�t2�y o�First Sealord Surety, Inc. do hereby certify that the originai Power of,-,,,,,�„�, ,,, ..,��..�� u�c �vicy�iny �� a �„��, .� u� a���
correGt t�dpy„��s in,f,ult fo�Ce ar�fi effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was
one of•�he f�ffice�s �auth,A�iz�d by the Boaed of Directors to appoint an Attomey-in-Faet as provided irrSection 12-1 of the By-Laws of First Sealord
Surety, Inn.•This Certificate' may be signed and sealed by facsimile under and by authority of the following provisions of the, By-Laws of First Sealord
Sure#y; Iric.: ~ .; , .�
"Section 72-2. 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 executedby an authorized person pursuant to Article XII, Section 12-1 ofthe By-Laws
appointing and authorizing an Attomey-in-Fact to sign in the name and on behaif of the Corporation surety bonds, underwriting undertakings, or other
instruments described in said Section 12-1, with like eff€;ct as if such seal and such signature had been manually affixed and made."
In Witnes , W , �hereof, I have hereunto set my hand and affixed #he corporate seal of the Corporation to these presents
thi day of ��;� , 20 ��
'This power of attorney is void unless the Bond number is inserted irt this paragraph (insert Bond # here �� � V��� �� ), 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)
Ga L. Bra99, ecretary
Ftirst 5ealord_Suret��_POA.doc ��(Ed.�01120/2004) � � � � � � � � � �
� �