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HomeMy WebLinkAboutCONTRACT WITH BLAIR CONSTRUCTION FOR WAKEFIELD PLACE PIPE REPLACEMENT PROJECT NUMBER N/A .� � > � � � ...'� . ::�-�- �-�� ,�.,,�..._;�.� --�--- � r, t. -` c'S 1� f�' t e1 WAKEFIELD PLACE PIPE REPLACEMENT PROjECT NUMBER: N/A Tables of Contents Invitationto Bid ............................................................................................................... Instructionto Bidders ...............................................................................1B1-1B3 Georgia Prompt Pay Act ....................................................................................PPA - 1 Addendum(s) ...........................................................................................................1 - 2 Agreement ................................................................................................................1 - 3 Bid Form ......................................................................................................................P1 GeneralConditions ...............................................................................................1 -13 Supplemental General 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 Affidavit of Subcontractor ....................... ➢ Good Faith Efforts - Subcontractor & Supplier Contact Form ....................... ➢ LSB Subcontractor/Supplier Utilization Plans ....................... ➢ Contractor's Bonds/Insurance ....................... c��-. �O % li I A CITY OF AUGUSTA, GEORGIA OFFICE OF THE PROCUREMENT D�RECTOR 530 GREENE STREET SUITE 605 AUGUSTA, GEORGIA 30901 . (706) 82l -2422 www.augusta�a.gov DATE: January 12, 2011 BID NO. 11-097 SUBJECT: Invitation to bid on the following equipment, supply, and/or services. NAME OF BiD: Wake�ield Place Pipe Replacement for Public Servic� — Maintenance Division This letter extends to your Firm an invitation to submit a bid to supply the City of Augusta with equipment, supplies, and/or services as indicated above. Sealed bids for the above will be received at the Office of the City Procurement Director, 530 Greene Street — Suite 605, the Municipal Building, Augusta, Georgia, up to 3:Q0 p.m. on Thursday, February 24, 2011, at which time, bids wifl be opened and publicly read. The Board of Commission reserves the right to reject any and a11 bids and to waive formalities. Instructions for preparatian and submission of a bid-proposaf are contained in the attached packet. Please note that specific forms for submission of a bid proposal are required. Bids must be typed or printed in ink. If you do not bid, return signed bid invitation sheet and state reason. Also, please clearly mark the autside of your envelope as "No Bid." Any changes tp the conditions and spec�cations must be in the form of a written addendum to be valid; the�efore, the City wilt issue a written addendum to document ali approved changes. Any bid submitted which does not acknowledge the receipt of an addendum will not be considered. The City of Augusta seeks to ensure that all segments of the business community have access to supplying the goods and services needed by City programs. Doing business with Augusta has become easier! The new ARCBid link, which is located on the Procurement DepartmenYs website at www.auqustapa.aov, enables you to view current and past public bid information online. Should you have any questions concerning the bid documents, ar need additionat information, you may contact a member of the Bid and Contract Team directly @ 706 821-2422. A request for bid documents must be faxed to 706 821-2811. A Bid proposal from your Firm will be appreciated. Sincerely yours, �e�i Geri A. Sams Procurement Director Invitation to Bid Sealed bids will be received at this office until 3:00 p.m. Thursday, February 24, 2011 for furnishing: Bid Item #11-094 Bennington Drive Pipe ReplacemeM for Public Service — Maintenance Division Bid Item l�11-096 National Avenue �Aiew Savannah Road Pipe Replacemerit for Public Service — Maintenance Division Bid Item #11-097 Wakefield Place Pipe Replacement for Public Service — Maintenance Diviswn Bid Item #11-099 Morgan Road Pipe Replacement for Public Service — Maintenance Qivision Bids will be received by Augusta, GA Commission hereinafter referced to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta Richmond County web site under the Procurement Departrnent ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street — Room 605, Augusta, GA 30901. Documents may be examined during regu(ar business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Friday, February �4, 2011 � 10:00 a.m. in the Procurement Departmerit, 530 Greene Street, Room 605. All questions musf be submitted in writing by fax to 7d6 821-2811 or by email to procbidandcontract�aus�usta�a.s�ov to the office of the Procurement DepaRment by Tuesday, February 8, 20/1 � 5:00 P.M. No bid will be accepted by fax, a!I must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a tocal bidder and receive bid preference on an eligible local project, the certiflcation statement as a local bidder and all supporting documents must be subrnitted to the Procuremer�t Department with your bonafide bid package. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% bid bond is required to be submittad along with the bidders' qualifications; a 100°�6 performance bond and a 100°� payment bond will be required for award. ' An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4(Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requiraments contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the requi�ed financial data, and any other requirements designated by the Procurement Department are considered material condifilons of the bid which are not waiveable or modiflable by the Procurement Director. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of BID dacuments through any saurce other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate informaGon upon which to base his quaiificafions. pisadvantage Bustness Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-Based portion of Augusta's DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Auguste enforces DBE requirements andlor DBE goals set by the Federal and/or 5tate Agencies in accordance with State and Federal laws. GERI A. SAMS, Pracurement Director Publish: ' Augusta Chronicle January 13, 20, 27, February 3, 2011 Metro Courier January 19, 2011 cc: Tameka Allen Interim Deputy Administrator Mike Greene • Public Service Dennis Stroud Public 5ervice — Maintenance Division Augusta, GA Engineering Department INSTRUCTIONS TD BIDDERS WAKEFIELD PLACE 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 filed 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 bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, 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 work, 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 employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Purchasing Department, 530 Greene Street, Augusta, Georgia, 30911 and to be given consideration must be received at least ten working days prior to the date fixed for the opening of bids. Any and all such interpretations 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 prior to the date fixed for the opening of bids. The Purchasing Director shall send by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for 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- Wakefield Place 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 forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will 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 or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 1096 Bid Bond is required in all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of 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 forth 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-06 BIDDER'S QUALIFICATIONS No proposal will 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 to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The IB-2 AED- Wakefield Place 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 obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations 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 owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just 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 work 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 proposals 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 all 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- Wakefield Place Pipe Replacement Augusta, GA Engineering Department GEORGIA PROMPT PAY WAKEFIELD PLACE PIPE REPLACEMENT PROjECT NUMBER: N/A GEORGIA PROMPT PAY ACT This Agreement is intended by the Parties to, and does, supersede any and all provisions 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 provision of the Prompt Pay Act, the provision of this Agreement 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 provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. NOTICE All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to "Richmond County Board of Commissioners" shall be deemed to mean "Augusta Richmond County Commission-Council and all references to "Chairman" shall be deemed to mean "Mayor". DISPOSALS Prior to any material from this project being wasted or otherwise disposed of outside the project limits the Contractor shall furnish the Engineer a copy of written permission, 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 cement concrete, asphaltic concrete, wood or other such materials 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 to 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- Wakefield Place Pipe Replacement Augusta, GA Engineering Department ADDEND M U S WAKEFIELD PLACE PIPE REPLACEMENT PROjECT NUMBER: N/A � ��er� /� �. �� G E' R G I A �. �e�aG ��sre�, �� Faxed/Mailed T0: Al! Bidders Phyllis Mills, Quality Assurance Analyst Mike Greene, Auguska Public Services Department FRpM: Geri Sams " Procurement D�rector DATE: February 16, 2011 SUBJ: Responses to Bidder's Questions BID ITEMS: 11-094 Bennington Drlve Pipe Replacement 11-096 National Avenue (a� New Savannah Road Pipe Replacement 11-087 Wake�eld Place Pipe Replacement 11-089 Morgan Road Pipe Replacement for Augusta Public Services Department- Maintenance Diviston DUE DATE: Thursday, February 24, 2011 at 3:00 P.M. ADDENDUM NU. 1 RESPONSES TO BIDDER'S QUESTIOt�S 1. Q: There are doubie pipes leading out of the wing trap at 2719 Bennington Drive, are you replacing both those pipes or is there a pipe to repiace behind the residence? A: Both pipes are to be replaced behind 2719 Bennington Drive 2. Q: Will you require any stone haunching of the pipe, to the springline, to the top, or none at ail? A: Stone bedding is not �equired 3. Q: Plans cail for 200 LF of 42" pipe replacement, ihere are two (2) runs at 519 National Avenue, will you be replacing both 200 LF runs or only 100 LF on e8ch run? A: There are a totat of 500' of pipe. Two lengths of 250' 4. Q: Will the connect point to 42" RCP need to be made with a junction box or does the contractor manufacture a box connection? Is there an existing box to connect too? A: The junction box is beReved to be under the freshly placed asphait (not veri�ed). If no box contractor must install the box 5. Q: Who wili be responsible for replacement of asphalt in the parking lot? The Contractor or Public Waks Dept.? A: ARC will replace the asphalt. Contractor will replace the fence 6. Q: What a�e the specifics for the paving? 8" of concrete and 2'/z" of asphait? GABC and 2%" asphalt? A: N/A, see response for question 5 7. Q: Will there need to be a headwail installed at discharge point of 42" pipe, or a flared end, or is riprap acceptable? A: Instafl rip rap and not head walls 8. Q: The ditch that is discharging into needs to be made to flow, so who is responsibte for this improvement? A: Install rip rap alao at the discharge point 9. Q: Wi11 stone bedding be needed to springline, all the way to the top of pipe, or none at all? A: Stone bedding is not required Room 605 - 530 Green Street, Augusta Georgia 30911 Addendum 1 Bid Items #11-094 (706) 821-2422 - Pax (7p6) $21-2811 11-09s, 11-097 & 11-0997 www.au�ustaea.�ov Register at www demandstar com/su�,plier for automatic bid notification __ 10. Q: There are no visible junction boxes or storm drain manholes to give a visible direction of the flow of the flow of the storm drain. A: Due to no visible junction boxes or manholes to; we will do a plan search and a utiltty locate to dete�mine the direction of this pipe, 11. Q: Will the pipe sta�ting at the headwall of the open ditch behind 2948 Wakefield Piace have to be replaced? A: Refer to response for question 10. 12. Q: Will there be any traps to be replaced? A: Refer to response for quesstion 10. 13. Q: Will replacement starf at headwall or at trap located beside residence? A: Refer to response for questlon 10. 14. Q: Will stone bedding be required to springline, to top of pipe, or not at all? A: Refer to response for question 9. 15. Q: The Wier Inlet in the middle of the run, will it need to removed and replaced? A: Replace the weir trap and install a junction box near the center of the project 16. Q: Will stone bedding be required to springline, to top of pipe, or not at all? A: Refer to response for qusstion 9. 17. Q: There is a doghouse installed approximately'/ the length of the proposed starm drain with a wyre inlet. Is this to be re-installed? 1f so a junction box will be required because of the improper installation of the present wyre inlet. A: Refer to response for question 15. 18. Q: Will there be any need to replace any trees that have to be removed? A: Tree replacement is not required 19. Q: The present depth of the drain line does not have sufficient coverage for HDPR pipe. Additional fill dirt will be needed. Will the County supply it, or do we need to include this in our estimate? A: Additional fill dirt will be supplied by ARC 20. Q: There a�e two corrugated metal pipes for drainage. So, therefore, the distance will be twice what was stated on 1he bid item. Or can it be replaced with one 36u HDPE pipe? A: Refer to response for question i. 21, Q: Is there any restoration other than "graded, compacted and �eseeded." A: Grassing and seeding is required for all projeCts. Please acknowledge addendum in your submittal END ADDENDUM Adderxium 1 Bld Items #11-0g4, 11-096, 11-097 & 11-0997 Augusta, GA Engineering Department A GREEMENT WAKEFIELD PLACE PIPE REPLACEMENT PROjECT NUMBER: N/A SECTION A AGREEMENT THIS AGREEMENT, made this day of , 2011, by and between AUGUSTA GEORGIA, a political subdivision of the State of Georgia, hereinafter called "Owner" and BLAIR CONSTRUCTION INC., doing business as a corporation hereinafter called "CONTRAC70R." 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 30" x 150' failed CMP' replace with Corrugated HDPE. 2. All work is to be in accordance with in accordance with the specifications included in Bid Form (Bid Item # 11-097), and related documents as listed in item 5 below. Project Summary: The project consists of the removal and replacement of a 30" x 150' storm water pipe. All debris, from the removal and the reconstruction must be hauled away by the contractor daily. PIPE REPLACEMENT: General Description Provide alt 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- Wakefield Place Pipe Replacement 2. The Contractor shall provide all labor, material, parts, engineering, licensing and certifications required by any applicable regulation. Furthermore, the Contractor will furnish all drawings, product data, material, supplies, tools, equipment, labor, traffic control and other services necessary for the construction and completion of the project described herein. 3. The Contractor will commence the work required by the Contract Documents within Ten 10 calendar days after the date of the Notice to Proceed and will complete the work within thirtv 30 calendar days unless the period of completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all the work described in the Contract Documents for the sum of Fi teen Thousand Four Hundred Dollars and zero cents �515,400.001 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 #11-097 Change Order General Conditions Bid 2�Page AED- Wakefield Place Pipe Replacement y ` . _ .� IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in Five (5) counterparts, each of which shall be deemed an original on the date first above written. OWNER: AUGUSTA, GEORGIA ATTEST: l�. �/(,� . -�,.^��: � �� �.., � , 4 � � �' 4, r Fa, �' ` "�� �� B y : SEA �� �� a ��� } "��y b '�-�,v���� � � � � �" f < 9 ✓� � ���;,� Mayor Deke 5. Copenhaver � r� � ° � ��� ; � / , p/� F � "`". � ',,� . �' o ,n� � � � �� � � f � � `/ �: ,- � �_ ` �� �� � � C� �f < < : �.F :�� � : �, , Secre��r� ` �a�� �' .� �, , � `ay= �� r� k;s �� k N� � ' � Witness �� � , CONTRACTOR: Blair Construction Inc., - � By: (.t'.c�l�...r.,,rv� l� _ W l�c. ,'�L�r,ni.� _ Title: ���� � �'� � SEAL Address: � o � � ° x � � � Attest � �o� � ��.-� s �� 3 (� S retary � ���°L- Witness 3�Page AED- Wakefield Place Pipe Replacement Augusta, GA Engineering Department BID FORM WAKEFIELD PLACE PIPE REPLACEMENT PROjECT NUMBER: N/A � AUGUSTA-RICHMOND COUNTY COMMISSION . B{D {TEM #11-097 BID FORM PROJECT NAME: ��,��,� ���/ �'/�� � `� �'c�,�/�<�� ,� �- , -- CLOSiNG DATE: z�z��/� CLOSING TIME: �%�� �'� SECTION I: Bidder Information Name of Firm: /��G-�r Gv-���i�y-r �: �>-� 2-�� ,. Address: �� p- f�� X �� v ,C���s t.�.� Zip: ,3G'��'� Phone: dG�o° /7'Sa Fax: 7��/��vo r�3rs E-maii: �Ji%G-•n.• �� ���-i� rs�rY�-�%n.-� c.c.. s 11. PRIClNG: Base Bid: The above firm proposes to undertake the referenced project as shown in this Invitation to Bid at the following quoted lump sum price: $ .����, ����G�� �`�,- /'�`vyr!`�� Dollars ($ O'S �oc.� =—� � � � ZG f/ (Signature) ( at ^ Contact Person: ����K- �r ��^�gr` Title: �c.�. �r�y,`�1��, 7� Company: /...���.��° �vs�:vr_�,�->- �c , Address: �� O. ��x �� c> ���.�� G.� 3��aq- Phone: 7�Co ���' r�so Fax: 7�� ��� °i�rs� E-mail: _`,Ji_ ���,,�' ����.��v. �l���. c4s Bid 11-097 Wakefieid P1ace Pipe Replacement Panc �t ..F c• Augusta, GA Engineering Department GENE�;AL CONDITIONS WAKEFIELD PLACE PIPE REPLACEMENT PROjECT NUMBER: N/A �ECTION GC GENERAL CONDlT10NS INDEX T� ARTICLES OF GENERAL CONDITIONS Section GC-01 Definitions GC-02 Additional Instructions and Detail Drawings - GC-03 Scheduies, Reports and Records GC-04 Drawings and Specifications GC-05 Shop Drawings GC-06 Materials, Services and Facilities GC-07 Inspection and Testing GC-08 Substitutions GC-09 Patents GC-10 Surveys, Permits and Regulations GC-11 Protection of Work, Property and Persons GC-12 Supervision by Contractor GC-13 Changes in the Work GC-14 Changes in Contract Price GC-15 Time for Completion GC-16 Correction of Work GC-17 Subsurface Conditions GC-18 Suspension of Work, Termination and Defay GC-19 Payments to Contractor GG20 Acceptance of Final Payment as Release GG21 Insurance GG22 Contract Security GG23 Assignments GC-2� Indemnification GG25 Separate Contracts GC-26 Subcontracting GC-28 Land and Rights-of-Way GG29 Guarantee GC-30 Taxes GC-31 Work Adjacent to Railway or Other Property � GC-32 Order and Discipline GC-33 Waming Devices and Signs GC-34 Special Restrictions GC-35 As-Built Drawings GC-36 Allowances 1�Page AED- Wakefield Place Pipe Replacement GC-01. DEFINITIONS: Wherever used in the Contract Documents, the following terms shali have the meanings indicated which shall be applicable to both the singular and plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or corrections. 2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 3. BIDDER: Any person, firm or corporation submitting a bid or proposal for the work. 4. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents. or authorizing an adjustment in the contract price or contract time. 6. CONTRACT DOCUMENTS: The contract including, but not limited to, Request for Proposals, Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Order, Gene�al Conditions, Supplemental General Canditions, Special Conditions, Technical Specifications, Drawings and Addenda. 7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion of the work. 9. LIFE OF THE CONTRACT: 7he total duration of the Contract from Notice to Proceed to completion of all the work. 10. CONTRACTOR: The person, firm or corporation with whom the Owner has executed the Agreement. 11. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work to be perfotmed and which have been prepared or approved by the Engineer. 12. ENG{NEER: The person, firm or corporation named as such in the Contract Documents. For purposes of this contract, the Assistant Director of Public Services Department, Maintenance Division or his designated representative shall act as the Engineer. , 13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time issued by the Engineer to the Contractor during construction. 14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 15. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 16. OWNER: For purposes of this Request for Bids, the Owner is Augusta, Georgia. 17. PROJECT: The undertaking to be performed as provided in the Contract Documents. 18. RESIDEN7 PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project or any part thereof. 19. SHOP DRAVVINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplie� or Distributor, which illustrate how specific portions of the work shall be fabricated or installed. . 2�Page , AED- Wakefield Piace PijSe Replacement 20. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature or materials, equipment, construction systems, standards and workmanship. 21. SUBCONTRAC70R: An individuai, firm or corporation having a direct contract with the Contractor or any other Subcontractor for the performance of a part of the work at the site. 22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction o# the project or a specified part can be utilized for the purposes for which it is intended. 23. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it is a part. 24. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 25. WORK: All labor necessary to produce the construction required by the Contract Documents and all materials and equipment incorporated or to be incorporated in the project. 26. WRITTEN NOTICE: Written notice to any party of the Agreement relative to any part of this Agreement. Said Notice is considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. GC-02. ADDITIONAL INSTRUCTIONS AND DE7AIL DRAWlNGS: 1. The Contractor may be furnished additional instructions or detaif drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. 2. Any additional drawings and instructions thus supplied will become a part of the Contract Documents, The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. SCHEDULES. REPORTS AND RECORDS: 1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning the work performed or to be performed. 2. Prior to the first partiaV payment estimate, the Contractor shall submit schedules showing the order in which he proposes to carry on the work, including dates at which he will start the various parts of the work, estimated date of completion of each part and as applicable: 2.1 the dates at which special detail drawings will be required; and 2.2 respective dates for submission of shop drawings, the begir�ning of manufacture, the testing and the installation of materials, supplies and equipment. 3. The Contractor shall also submit a schedule of payments that he anticipates he wiil earn during the course of the work. GC-04. DRAWINGS AND SPECIFICAT{ONS; 1. The intent of the Contract Documents is to describe the scope of work for which the Contractor shall furnish all design, labor, materials, tools, equipment and transpor�ation necessary for the proper execution. All work is to be in accordance with the Contract Documents and ali incidental work necessary to complete the project in an acceptable manner, ready �or use, occupancy or operation by the Owner is to be included. 2. In case of conflict between any drawings and specifications, the spe:cifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies, inconsistencies, or ambiguities found between thie Contract Documents and site conditions shall be immediately reported to the Engineer, in writing, vvho shall promptly correct such inconsistencies o� ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 3�Page AIED- Wakefield Place Pipe Replacement i�� q � � � . • . 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways. Should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof the Contractor is to understand the same to be impfied and required and shall perform all such work and furnish any such mater.ial as fully as if they were particularly delineated or described. 5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity ofi the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matfers which can In any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of � this contract, shall affect or modify any of the terms or obligations herein contained. GC-05. SHOP DRAWINGS 1. The Contractor shall provide design drawings, shop drawings and product data for all components as may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing that deviates substantially from the requirement of the Contract Documents shafl be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawings or sample submission shall not commence until the shop drawings or submissions have been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. _ GC-06. MATERIALS, SERVICES AND FACILITIES: 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature necessary to execute, complete and deliver the work within the specified time. 2. Materials and equipment shall be stored so as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment sha{I be applied, instafled, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with sampfes submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor or the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. GC-07. INSPECTION AND TESTING 1. All materials and equipment used in the construction of the project shall be sub}ect to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing, inspection and certification services required by the Contract Documents, unless otherwise provided. 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone 4�Page _ _ AED- Wakefield Place Pipe Replacement __ ___ other than the Contractor, the Contractor will. give the Engineer timely notice of readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval. 5. � Neither observation by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents. 6. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shali be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. 7. If any work is covered contrary to the written request of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense. 8. If any work has been covered which the Engineer has not specifically requested to observe prior to its being covered or if the Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to be defective, the Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to such uncovering, .exposure, observation, inspection, testing and reconstruction and an appropriate change order shall be issued. 9. The Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be done or materials used without suitable supervision and inspection by the Engineer. The Contractor shall furnish the Engineer with necessary samples of material for testing purposes. GC-08. SUBSTITUTIONS 1, When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the perFormance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Documents shall be appropriately modified by change order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. lncidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC-09. PATENTS 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-10. SURVEYS, PERMITS AND REGULATIONS: 1. The Owner shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of benchmarks adjacent to the work as shown in the Contract Documents. From the information provided by the Owner, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, Iines, elevations and cut sheets. S�Page AED- Wakefield Place Pipe Replacement 2. The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of wiliful or careless destruction, he shall be charged with the resulting expense and shaii 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 shali be secu�ed and paid for by the Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he sha�i promptly notify the Engineer in writing and any necessary changes shaN be ad}usted as provided in Section GC-13, Changes in the Work. GC-11. PROTECTION OF WORK, PROPERTY AND PERSONS: 1. The Contractor wifl be responsible for initiating, maintaining and supervising all safetjr precautions and programs in connection with the work. He wiil take all necessary precautions for the safety of and will provide the necessary protect+on to prevent damage, injury or loss to all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site or other property at the site o� adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 2. 7he Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, al{ necessary safeguards for safety and protection. He will notify the awners of adjacent properties when prosecution of the work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby and a Change Order shall be issued covering the changes and deviations involved. 4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and accepted, except to damage or injury caused directly by the Owner's agents or employees. GC-12. SUPERVISION BY CONTRAC70R: 1. The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor wi41 employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on the behalf of the Contractor and all communications given to the supervisor shall be as binding as if g+ven to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. GC-13. CHANGES IN THE WORK: 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineer written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. 6�Page AED- Wakefield P1ace Pipe Replacement GC-14. CHANGES IN CONTRACT PRICE: 1. The contract price may be changed only by a change order. The value of any work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: 1.1 Unit prices previousiy approved. 1.2 An agreed lump sum. 1.3 The actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. GC-15. TIME FOR COMPLETION: 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 2. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. GC-16. CORRECTION OF WORK: 1. The Contractor shall promptly remove from the premises all work rejected by the Engineer for failure to comply with the Contract Documents, whether incorporated in the construction or not and the Contractor shall promptly replace and re-execute the work in accordance with the Contract Documents and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. 2. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the Owner may remove such work and store the materials at the expense of the Contractor. 3. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall not be construed to be an acceptance of any defective work or material. The Contractor shall remove, at his own expense and shall rebuild and replace same without extra charge and in default thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer shall not consider the defect of sufficient importance to require the Contractor to rebuild or replace any imperfect work or material, he shall have the power and is hereby authorized to make an equitable deduction from the stipulated price. GC-17. SUBSURFACE CONDITIONS: 1. The Contractor shall promptly and before such conditions are disturbed, except in the event of an emergency, notify the Owner by written notice of: 1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. 1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. 2. The Owner shall promptly investigate the conditions and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required, for performance of the work, an equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given the required written notice; provided that the Owner may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. 7�Page AED- Wakefield Place Pipe Replacement GC-18. SUSPENSION OF THE WORK� TERMINATION AND DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. 2. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a minimurn of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery the�eon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect � costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. 3. The Contractor must obtain permission from the Engineer before any equipment can be removed from the job site. In the event such equipment is removed without the Engineer's approval, the job will be terminated until such time as the equipment is returned to the project and any time and money lost by the Contractor as a result of moving the equipment shall be absorbed by the Contractor. 4. Where the Contractor's services have been so terminate by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. � Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 5. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. 6. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority of the Engineer fails to act on any request for payment within thirty (30) days after it is submitted or the Owner fails to pay the Contractor substantially the sum approved by #he Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the ' Engineer has failed to act on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten (10) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. • 7. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if no time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. 8�Page AED- Wakefield P.Iace Pipe Replacement GC-19. PAYMENTS TO THE CONTRACTOR 1. Between the first (1st) and the fifth (5th) of each month, the Contractor will submit to the Engineer,a partial payment estimate filled out and signed by the Contractor on an approved form covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect his interest therein, including applicable insurance. The Engineer will, within ten days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner will, within ten days of presentation to him of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The Owner shall retain ten (10%) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. The Owner at any time, however, after fifty (50%) percent of the work has been completed, if he finds that satisfactory progress is being made, may reduce the retained percentage to five (5%) percent on the current and remaining estimates. On completion and acceptance of a part of the work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. 2. The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored and insured either at or near the site. 3. All work covered by partial payment shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work, material and equipment upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the Contract Documents. 4. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the final payment request that the work has been accepted by him under the conditions of the Contract Documents. The entire balance found to be due the Contractor, including the retained percentages shall be paid to the Contractor, except such sums as may be lawfully retained by the Owner for saving the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, tools and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 5. If the Owner fails to make payment 30 days after approval by Che Engineer, in addition to other remedies available to tlae Contractor, there may be added to each such payment, interest at a maximum rate of 1% per month commeneing on the first day after said payment is due and continuing until the payment is received by the Contractor. GC-20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE: 1. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or otherwise, shall not release the Contractor or his Sureties from any obligations under the Contract Documents or the PerFormance Bond and Payment Bonds. 9�Page AED- Wakefield Place Pipe Replacement � GC-21. INSURANCE 1. The Contractor shall purchase and maintain during the life of this Contract such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's execution of the work, whether such execution by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, ' 1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 1.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor or (2) by any other person; and 1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the work. These Certificates shall contain a provision that coverage afforded under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been given to the Owner. 3. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. 3.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of liability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $500,000 for any such damage sustained by two or more persons in any one accident. 3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations under the Contract Documents to fully complete the Project. 4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. lO�Page AED- Wakefield Place Pipe Replacement 5. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurarice for work to be performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be less than One Million Dollars ($1,000,000.00). The policy shall cover not less than the losses due to fire, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke during the contract time and until the work is accepted by the Owner. The policy shall name as the insured the Contractor, the Engineer and the Owner. 6. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with a Certificate of Insurance confirming coverage in the amounts set forth above at a minimum. GG22. CONTRACT SECURITY: 1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with a Performance Bond and a Payment Bond in penal surns equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be perFormed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be perFormed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-23. ASSIGNMENTS 1. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written consent of the other party. GC-24. INDEMNIFICATION 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC-25. SEPARATE CONTRACTS: 1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. 11� Page AED- Wakefield Place Pipe Replacement 2. The Owner may perform additional work related to the Project by himself or he may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of the work and shall properly connect and coordinate his work with theirs. 3. If the performance of additional work by other Contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional work. �f the Contractor believes that the performance of such additionat work by the Owner or others involves him in additional expense or entitles him to an extension of the contract time, he may make a claim therefor as provided in Sections GC-13 and GC-14. GC-26. SUBCONTRACTING 1. The Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contracto� shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. GC-27. ENGINEER'S AUTHORITY 1. The Engineer shall act as the Owner's representative during the construction period. He shall decide " questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Cont�act Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution of the work. Inspections may be made at the factory or fabrication plant or the source of material supply. 3. The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. GG28. LAND AND RIGHTS-OF-WAY 1. The Owner shall provide the Contractor infoFination which delineates and describes the land owned and right-of-way acquired. 2. The Contractor shall provide at his own expense and without liability to the Owner any additional land or building and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-29. GUARANTEE 1. The contractor shall provide a warranty on all work, materials and equipment incorporated into this project. The warranty period shall not be less than one (1) year from the date of completion and shall cover parts and labor. , 12�Page • AED- Wakefield Place Pipe Replacement GC-30. TAXES 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. GC-31. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY: 1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner or of other railways, persons, or property, the work shall be so conducted as not to interfere with the movement of trains or other operations of the railway, or, if in any case such interference be necessary, the Contractor shall not proceed until he has first obtained specific authority and directions therefor from the proper designated officer of the Owner and has the approval of the Engineer. GC-32. ORDER AND DISCIPLINE: 1. The Contractor shall at all iimes enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shaN not again be employed on the workout with the Engineer's written consent. GC-33. WARNING DEVICES AND SIGNS: 1. The Contractor shail furnish, erect, paint and maintain appropriate warning devices in and around the construction area. GC-34. SPECIAL RESTRICTIONS: 1. Construction activities shall occur at times that will minimize disruption to ongoing operations within the building. Because of the nature of operations, sound and sound transmission are a particular concern and some activities may need to be scheduled outside normal working hours. Any such activities must be coordinated through the Richmond County Tax Commissioner and the Assistant Director of Public Services, Facilities Management Division. GC-35. AS-BUILT DRAWINGS: Not Used for this Project GC-36. ALLOWANCES: - Not Used for this Project 13�Page AED- Wakefield Place Pipe Replacement Augusta, GA Engineering Department SUPPLEMENTAL GENEI�;AL CONDITIONS WAKEFIELD PLACE PIPE REPLACEMENT PROjECT NUMBER: N/A SECTION SGC INDEX TO SUPPLEMENTAL GENERAL CONDITIONS SECTION TITLE SGC-01. Contractor's Breakdown of Lump Sum Payment Items SGC-02. Prior Use By Owner SGC-03. Cleaning Up SGC-04. Maintenance of Traffic SGC-05. Maintenance of Access SGC-06. Erosion Control and Restoration of Property SGC-07. Safety and Health Regulations SGC-08. Pre-Construction Conference SGC-09. Settiement of Disputes SGC-10. Open Records Act 1�Page AED- Wakefield Place Pipe Replacement SFCr�nN s�C SUPPLEMENTAL GENERAL CONDITIONS SGC-01. CON7RACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The Contractor shall, immediately after the contract has been awarded, submit to the Engineer far his approvai, a breakdown showing estimates of all costs apportioned to the major elements of design, equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. SGC-02. PRIOR USE BY OWNER Prior to completion of all the work, the Owner may take over the operation and/or use of the incomplete project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as final acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC-03. CLEAN-UP The Contractor shafl keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to fina{ acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, imp{ements, toofs, etc., and leave his work in a clean condition, satisfactory to the Engineer. Periodic cleaning will be scheduled by a representative of the owner. SGC-04. MAINTENANCE OF TRAFFIC AND OPERATIONS: The Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. Afl traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shalf not block trafFic on any street more than 30 minutes or without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or passageways or ciear the pavement and deduct the cost thereof from sums due to the Contractor. Detours and traffic controls are to be reviewed by Traffic Engineering before implementation. SGC-05. MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to the establishment during all times it is normally open for business. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked. SGC-06. EROSION CONTROL AND RESTORATION OF PROPERTY: The Contractor wifl be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during af1 phases of construction. This work shoufd included protective measures in places before land disturbing activities begin in accordance.with Federal, State and Local Ordinances covering soil erosion and siltation prevention. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. SGC-07. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational, Health and Safety Act of 1970 (PL31-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). 2�Page AED- Wakefield Place Pipe Replacement SGC-08. PRE-CONSTRUCTION CONFERENCE: A pre-construction conference may be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents. SGC — 09. 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 Geargia. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, ar the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Consultant, by executing this Agreement, specifically consents to venue in Augusta and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. SGG10. OPEN RECORDS ACT: Contractor acknowledges that.this Agreement and certain documentation may be subject to the Georgia Open Records Act (O.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 SGOl. 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. SG02. COORDINATION OF WORK: The Contractor shall coord'mate his work with the Traffic Engineering Section of the Augusta Engineering Department and the Richmond County Sheriffs Department as required for traffic controi. All construction shall be in accordance with the contract documents and applicable codes and regulations. SC-03. OPERATION AND STORAGE AREAS: The nature of this project does not provide for secure storage on the job site. The owner will not be responsible for providing security for any stored materials, on site or off. SC-04. PRESERVATION OF EXISTING VEGETATION: The Contractor will preserve and protect existing vegetation such as trees, shrubs and grass on or adjacent to the site which do not unreasonably interfere with the construction as may be determined by the Engineer. SC-O5. CLEAN-UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish. Upon completion of the work, prior to fmal acceptance of the completed project by the Owner, he shall remove from the premises all rubbish and surplus materials to the satisfaction of the Engineer. 3�Page AED- Wakefield Place Pipe Replacement Augusta, GA Engineering Department CONTI�;.A T ' C OR S T S ATEMENTS WAKEFIELD PLACE PIPE REPLACEMENT PROjECT NUMBER: N/A /� '' i� G E' O R G I A Attachment B Listed below is a consolidated listing of the Statement of Non-Discrimination, Non-Collusion A�davit of Prime Bidder/Offeror, Conflict of Interest and Contractor Affidavit and Agreement. Please complete, date, notarize and return pages 1 of Attachment B with your submittal. Statement of Non-Discrimination The undersigned understands that it is the policy of Augusta-Richmond County to promote full and equal business opportunity for all persons daing business with Augusta-Richmond County. The undersigned covenants that we have not discriminated, on the basis of race, refigion, gender, national origin or ethnicity, with regard to prime contracting, subcontracfing or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by Augusta- Richmond County. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor/supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses, in conformity with Augusta-Richmond County's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding/contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of ��on-discrimination as made anci set forth herein shall be continuing in nature and shall remain in fuN force and effect without interruption; That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a matarial breach of contract entitling the City of Augusta to declare the cont�act in default and to exercise any and all applicable rights remedies including but not limited to cancellation of the contract, terminafion of the cantract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract. Bid 11-097 Wakefield Place Pipe Repfacement Pa�a dd nf SA Attachment B- Page 2 of 3 Non-Collusion of Prime Bidder/Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowiedge and belief: (a) The prices in the proposal have been arrived at independently without coliusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices whicli have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conftict of Interest By submission �f a bid, ihz responding fiirm certifies, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in perForming the services required by this ITB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub- consultant(s) has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: - (a) The prices in the bid have been arrived at independently without coltusion, consultation, communications, or agreemen±, for the purpose of rest; icting campetition, as to any matter refating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. 8id 11-097 Wakefield Place Pipe Replacement � o-,..,. .� c ..s e • Attachment B- Page 3 of 3 Contractor Affidavit and Aqreement By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10- 91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newfy hired empioyees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the appficability provisions and deadlines established in O.C.G.A 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcantractor(s) similar verification of compliance with O.C.G.A 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification #o the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service, �eorgia Law reqlirss y�ur company t� h�ve an E-Verify"User ldert9fica.'san Number an or after July '!, 20Q9. For additional information visit the State of Georgia website: https�//e-verifv uscis.qov/enroll/ and/or httq://www.dol.sta#e.qa.uslpdf/rules/300 10 1.pdf �c'-�c� � E-Verify * User ldentification Number The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta Richmond County Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractar(s� as requested and or required. I, further understand that my submittal will be deemed non-campfiant if any part of this process is violated. /_//�°^ �fias75�1'aiG-'�i�7 � �G, Company Name � BY: Authorized Officer or Agent (Contractor Signature) �� ��s�� Title of Authorized Officer or Agent of Contractor �� u� �I t !��/��� °� � � Printed Name of Authorized Officer or Agent �� � - � ��- SUBSCRISED AND SWORN SEFORE ME ON THiS THE �� DAY OF ��°6 �, 20/�/ r ��� ���� �-^�'� NO�'AR�I SEAL Notary Public My Commission Expires: PATRICK SCOTT DILLARD Please complete, date notariz������ges 1-3 f Attachment 3 wifh your suF���ii±tal STATE OF GEORGIA REV .11/13/09 My Commission Facplres August 7, 2012 Sid 11-097 Vdakeiie�d Gtiace �ioe �eplacement , iyanc AR nf cA . • � � ,,,-A�l� G E' O R G I A BIDDER'S FORM/ACKNOWLEDGEMENT OF ADDENDA City of Augusta Procurement Depa�tment 530 Greene Street, Suite 605 Business Locations: (Check �ne) Augusta, Georgia 30901 Augusta Richmond County ATTN: Procurement Director r / Other Name of Bidder: �`�' °^ � ° � � G � Street Address: ~-��� �� � �� C' ' City, State, Zip Code: �✓�- � 5 i ��'" �°� °�' Phone: J�� �� f�S�� Fax: 7�G�/�lv� /�r�� Email: �'i/�z-� ���i�--�.��s��vc> �-�5 City License Requirement: Contractor must be licensed in the State of Georgia or by the Governmental entity for where they do the majority of their business. For further information contact Robert Sherman of the License and lnspection Department @ 706 312-5162. Do You Have A Business License? Yes: � No: L'+censed By What State. Citv 8� Countv Business License #: c�d�-d� Fed Tax Id #: -���������� Acknowledgement of Addendum: Check and Initial the appropriaie box: Addenda�1 � Initial L�i�'''`� Addenda 5 Initia{ Addenda 2 Initial Addenda 6 Initial � Addenda 3 Init+al Addenda 7 Initial Addenda 4 Initial Addenda 8 {nitial THE UNDERSIGNED PROPOSES TO FURNISH THE FOLLOWING ITEMS IN STRICT COR�Ft�RMANCE TO THE BID/RFP/RFQ SPECIFICATIONS AND BID/RFP/RFQ INVITATION ISSUED BY THE C{'f`i' �F AUGUSTA FOR TH1S BID/RFP/RFQ ANY EXCEPTIONS ARE CLEARLY MARKED IN TH� ATT�CHFD COPY OF BIDJRFP/RFQ SPEC1FfCATIONS: Signature: , Date: z � �� TI3IS FORM MUST BE COMPLETED AND SUBl��ITTED ��'ITH I'OUR SUBn�ITTAL REV.11/13/09 Bid 11-096 National Ave @ New Savannah Rd Pipe Replacement �n.... A� .[ � � �' ''i�l� G E' O R G I A Certification Statement Local Vendor Preference f certify that my company meets all of the following qualifications to be eligible for the local vendor preference: (1) That my company has a fixed office or distribution point located in and having a street address within Augusta for at least six (6) months immediately prior to the issuance of the request for competitive bids or request for proposals by Augusta; and (2) That my company holds any business license required by the Augusta Richmond County Code for at least 6 months. (3j That my company zmploys at least one (1) full time empioyee, or two (2) part time employees whose primary residence is in Augusta, or if the business has no employees, the business shall be at least fifty percent (50%) owned by one or more persons whose primary residence is in Augusta. (4) Attached is a copy of my Au�usta Business License. 1 ` � � /'/ Company Name: Address: Business License Number Phone Number: Fax Number: Owner's Name: Signature: VENDOR DO NOT COMPLETE To be completed by Authorized City Representative from Augusta Richmond County Procurement Department: Vendor Certified: Date: Authorized City Representative Signature Bid 11-097 Wakefield Place Pipe Replacement Page 54 of 54 �iar. Z4. [Ul1 1'11,44ANi 61a.� r C,onstruct �o� No, �55f P. 2 ' t1h,�� ca cv��, lE,r•�� nR�, rvi��.nno+iru �.03 s � /'' '� ,%��"�.. � � . , , d �.• .O R G . �I, , A STATE OF GEORGIA - COUNTY OF RlCHMONp BI�IRFPIRFQ# �� 0 97 SUBCONTRACTOR AFFID/0.VIT By executing thls affidavit, the undersigned subcontractor verifies its compiiance with O.C.G.A.13-10-9�, stating affirmatively that the individual, firm, or corporation which is engaged in ti�e phy�lcal pertormance of servicea under e contract wlth _/3/a.� �,���-.�� on beha{fi of Augusta R�chmond County Board of Commissioners has registered with and is participating In a federal wark authorization program' [any of the electronic verification of work authorization programs operated by 1he United States Oepart;ment of Homelend 3ecurity or any equivalent federal woric author(zation program operated by the United 5tates Department of Homaland Securlty to verify Information of newly hire�d amployees, pursuant to the lmmiQratlon Reform and Control Act of 1986 ([RCA), P.L. 99-603], in accordance with the appllcability provisions and deadfines astabllehed In 0. C. G. A 13-10-91. �-Verify' User ldentification Number � � Company Nerne , /'` ° ��6 G°��%"���5 �' � a� � �� � BY� Authorize O�cer or Agent (Convsctor Signature) �/C9 /� �' T''_ 7kle oi Authorized Officer or Agent of Contractor Georgla Law raqu�ree your oompqnyto heve e►1 E-Verlf}rUaer ldentfficstfvn Number on or afte► July Pr;nted Name of Authorized Oiflcer or A�ent �, 2ooa. SUBSCRIBED AND SWORN BEFORE ME ON THIS THE �or additional information: State af Georgia htt :/lwww.dol.s �p �, Z� � DAY OF /��-��'! . 20 // httus:J/e-verliv.uscls.qov/enroll/ `-�-�-�� ��� --�� Notary Public My Commi io Expires: PATRICK SCOTf DILLARD S)/L NOTARY PUBLIC OTARY SEAL STATE OF GEORGIA � M Comml�bn Ex lns Aurne 7, 2012 . Hthere are no subcontract xecuted (wrlte NIA, slgn, dat� and not�rize). Note; The sucCessful ver►dor wlll submi! the above form Eo the Prucuremenf Depa�tmeni no late� ih�n five (b) daya eR�riecelvinp� the �'LRttor mmendatlon"(Vendor's /etter �r1/l denote the date torms are to be iecefved) .\`\ ����� SC �p ���i���� ,� �„ • �fO� �.. ; v . �0 T '°���� �; a.�. �ioa�,o _'� = � a y �' - Q , r ,.,r ::"�` o .� : '�� p U 8 �� G '�L� a;� r� � •097 Wakeffeld Pbce Plpa Rro�scemen� ���'�.G9��..:::..N,� Pagaxote -, COt! �:, . �1��, r, [4, 1011 10 . 4�HN� B 1� i r Ce n s t r u r, t i o n � `� P ' 3 �.ea N 1V'�J /'71\V 1 UI\VI11'1J11 I IN\ C.L LVJJ , � � . � ��',Q. •1�,�!�a', j,�'p In accordance witt► the Laws of Oeorgla, the following affidsvlt )� requlred by ell v�ndors NON-COLI,USION AFFIDAVII" OF SUBCOiVTRACTOR I, �'; �'"l certify that this bid or proposai is made wilhout prior understanding, agreement or connectlon wlth any carporation, f►rm or person subm iFting a bid for the same work, labor or service to b0 done or the suppiies, meterials o� equipment to be furnished and �8 in all resDe�ts fair and witho�t colluslorl or fraud. i understand colluslve blddln� la a viol�tion of st�ie and feder�l lew �nd can roeult in finee, prlson $entences and civli dernaqes awards. I ag�ee ta abide by all conditions of thfs bid or proposal and certify thak I am author'�zed to sign this bid or proposal for tho bidder. Afflant �urther atet t t pursuant to O.C.G.A. Secvon 36-97-2� {d) and (e), has not, by iieeff or with others, dCrectly or InClrectly, prevented or att pted to prevent compet;tion in such 6idding or proposafs by any means whatsoever. Affiant further states that (s)he has not p�evented or ende�vored to prevent �nyone irom making a bld or offer on the p�oject by any m08hs whatever, nor has Afflant cau5ed or indUCed ano h to withdraw a bid or offer for the work. Affiant turther state� that the said oPfer of ,� Is bona flde, and that no one has gone to any suppller and attempted to get such petson r company ta furnish the materials to the bidder oniy, or lf furnished to any other bidder, that the maieriel sha11 be at a higher p�yce, . , Slgn�ture of Authorized ompany Representative � ���ic��/�" Ttle � �,/� Sworn to and subscribed before me this day of /'/��� , 20 f� �� Notary Signature PATRICK SCOTT DILLARD Notary P�bllc: ���� 7 � ��'��"''��(Print Name) B �R E �� STATE OF GE4RGIA COU�� �,d�/°��' My Conunis�lon ih�t Augu�t 7, 2012 Y� .r Cammiasfon Explre8: � � L NOTARY SEAL K thsre are no subcontracting opponunitles the torm must be ex�cuted (write NIA, sign, dat4, a►nd notarize �. Nofe: The Sticcessful v�ndoiwill 1� ve form to the Procuremen2 Deparfmentno /alierthatl five (5) days after rec�iving !h� 1»ondation" (VQndor'� /ette/ wlll deAOte tho del0 forms are ta be receivedl ° .E : `����,� ' V- •�'�A�}► •.�� �.�. �roeho _ �; �. ;:-;. a -. '�' ` —� ` .�. :a'• � :�C�: 'y - �p V g`' :�� , B�d #1 �-097 Wakef!elo Plece P�pe Reptacement �'�,�(/���•'� .` Page3of5 ���9�����,��y,����• Pviar, 14. 1i)11 li):4�A� �la,i r(;on,truct �on No, �556 P, 4 � � �ru� i 10 � a,> •ru�� ruR�nno i �vu P. 05 � , `o � m 'r u m ^ w � � �� '\ � � ta � � m a � o � � � �� � m � ' . c�v ' � ° w � � � � � � � � � ^ ^ Q °° ` � � L � � ° '� � � Z � c � ��a � p � � H J � � '� Q �' � ` � � � � � � � , �a�Q � 3� � y �- �, � ; •c : 0 Z '� q oe � .�+ � m �� � � '�� III o 111 V ` � � � � W � ^O � � � ~ � y � \ a+ 01 � y � � J � � d � m m O � � �"� �� y � a � �c ���oN � � � �� €> �� � �, w y t� � am �� �8 � � �m� � � -• a ��' �� h � C S'. � � � � � � � a d o � o . Z�u�i�°„`� � �... Zt� UQ $�a��' � � r� �� �� ' ` �o C� �► � � �: � � � ui _�$�� � J 9� �''� c,,� � � � � �� s� �g ��� � � 5 � �p �� � ��:N�� � � �� o � '� � � 'A C = C e°�° y y f Q � u a � 4 ` 'L G� �1] \ � �\ � � � � y � � ` � p` C .' � 'd �. � v � � > C b a O �� �9 �� �. �� � �E � Q y � � � � � m � � � C � s 2 � fl1 Z � . P�1a.r, [4, 1�111 10;45W�i Blzi r Ccnstruct;on No, 9556 P. 5 rll-�"GG Zb� J� 11K1. 1'U1C1,11MJ1tVU 1�. m � � � ^ � � $ � � F� � p � G c Q � a m� \ � a � .� � � � � � �� � m a a a � � � �! � � Q� A [y L Y 17 L .� 7 � . ti � ��f � � � � � A m O � C � � 5 O' � � � v � � � � `m � �p G � C � y OD a = � Y •N � .0 a �� v > z O � � � � o Y e� � � � N � Z Q�� ` � ~ 3 m a o � �� d o►= � a �, � �g � �� (� U � � � C K b � W J � m(. O � m �� � V � � v � ` (y , � � � � � M V� mW � ��y � •� �m � m o � � �� � � � � �a o� �o � ,� � _ �� �� 0 - ,� U � � � v� +. u �� � �� � � Q �o �� � V � � Q� �r �7 � p � k � � 4 � o w C�� J y � ' 0 m �y v �� �a �� �' � �� u" � w m `0 'w � � � V� � �� \, � j m c Q � a�E �\ � m� m � Q r � , \ � 3 x � � � � � e � � � � a :� � � � � � �, q ` �� � � � °� � � ° 3 � o � o�� � � �� ��� � �, � ;� (� 0 W � `\ • . � � b `a, � � 'e m � O � E� � E 0 � Z � m � � rn' � � � � Q o � � � • � E � d � � � � o y U TA Z' � , Mi�r, �4. [1)11 1fJ;44RM 61air C'c�struction No, q55� p, � � Blair Construction Inc. p.o. soX zzo � Evans Georgia 30809 phone (TOS) 868-i950 fax (TO6) 868-1855 FAX TRANSMITTAL Sent To: �c��� �•� �v�chr-s � A � , Atht: / vvn c GV � �� �.�. Fax No: ��� -- � Z!— � �// From: Patrick S. Dillard, Chief Estimator Phone No. (706) $6$-1950 Ext. 211 Faz No. (706) 868-1855 Nmail: patrick@blairconstruction.us Com�nents: ��� /�o��r�� �� G�/.� �a�� 7 � •� , . �a.�'e r�-�'ofc✓ �/�-Ge � j��. %�e%��.� -� -s 7'L" �•'a� .�`��-•� '�` //-� 0 97 Number of psges to foQow: � Transmi94ion Date: � L�G // Mar.24. 2011 14,44AM Bl�i► Ccnstruction No.9556 P� �.g3 MF�. ac e.u� a 1�• �� r�e, r unwino � � ru � ,n '������� ' CJ �'' � 'R • C : ,� , 'A STATE OF GEORGIA - COUNTY OF RICHMONp BIOIRFP/RF�i �"O q� SUBCUNTRACTOR AFFIDAVIT By executlnQ thls aff�davlt, the undersigned subconuactor verifies its compliance with O,C.G.A.13-10-9't , atating affinnatively that the individual, firm, orcorporaGon which is engaged in the phy�Ical pertornnsnce ot services under a contract wlth /.�/•d.:� G.•��fr'.-.�� on behalf of Augusta R�chmand County Board of Commissieners has registered with and is paRlcipeting ln a federal work aulhoritatbn progrdm' [any of ihe eiectronic verification of woric authorizauon programs operated by the United States Oepartment of Homeland 3ecurlry or any equivale� tederai wo�C authorbation program operated by the United States Department of Hometand Seourlty to verify Infonnatian of newly hired amploysaa, pursuant to the Imrnipratlon Reform and Control Act of 1988 ([RCA), P.L. 99-603J, in accordance w��, the appilcabiGty provisions and deadlines established in 0. C, G. A 13-10-91. E-Veriiy' User ldent�cation Number � " � Company Name /S�v �d6 ������'�s 7'�'v � ` � �/�"�°C3' � t�t BY� Authorize Office or Agent (Contnctor Signature) �/�9�d�z�T` 7kle of Authotized Officer or Agent of Contracto� Georgla L.a�w roqutrss your oompAnyto hew an E-Verlfjrllaer ldentl6cation Nurnber on or aiter July Prin�ed Name of AutFwrized Offlcer or Apent �, ZOae. SUBSCRIBED AND SWORN BEFORE ME ON 7HIS THE For additional informadon State af Gcorglp hri�:/hn+ww.dol.stat�.aa.us/� � 10 1 aif Z� �DAY OF ��-��! . �p // https://e-veriN.uscls.aov/enrolU ��� s�� �� No�ry Public � ` My Comm' io Ex�irea: PATRICK SCOTT DILtARD � ) /L NOTARY PUBLIC OY/1RY BEA� STATE OF GEORGIA � M Commlebn Expins Ao�sc 7. 2012 . N there ue no subcontract (l'!� eeuted (wrlta NIA, slqn, date and notarlse) Note: The successfu/ vendor wlll submit the sbove form to the Precurement Departme�t no latei thsn five (s) dsys s�ta racsJvtnd tbs ����ttoi 4�,�Ay9mmendetJon" /etter wlll denote the date tonns are to be recelved) ``` ��`��5C0 � ������ '�``��'� � p� �1 R o '����= aw.�ros�,o . _�.� � �..: ' �� .:a• � •, ¢ :. ; . . "=�G•. p V B L� �� L' ew r�� � •0�1 W�keAMd P4ce PI �� . , . p� R�otecemene ''..9�� •::'. N•�'� ' Psg. 2 ot A .,' C0 � ��,.,,, ... N�ar, 24. 2011 16.��AN� 81air Construct on Na .4556 P, 3� r��,. �� ��.. ��.,,,, ,�.., � u.�� �.�,u � �, �- ;' J �� r � ' .,. ' G E''.O•:•R'! �.,�A In sccordenc� wM the Laws of �eorgla, the foUow{np affld'v1t N�ufred by etl vondo� NON-COL�U910N AFFIDAVIT OF SUBCONTRACTOR !, �`�� certify that thia bid or proposaf i� made without priar underctanding, agreement o� connecHon wkh any corporetion, firm or person submi�tt►►ng a bid for the same woric, labor or se►vice t4 b6 done or ihe supplies, metariats o► equipment to be fumished and is in ali respects fair and withaut coltu�lon or fraud. l understand wllu�ive bidding !o a vfo{ation of sqto and feder�l law and can retult in fines, pt{son �entenccs . and cfvN darneges awards. I agree to a61de by all conditions of tt,is bid or proposat and cerpfy that I am autho�¢ed to sign this bid or proposal fw tl+e b(dder. Afflant lurther at�at t purauant to O.C.G.A. Sectivn 36-91-21 (d) and (e), _ � has not, by itsetf or with othere, directly ar �n�redly, prweMed or att pied ta prevent wmDstfion in su� bidding w proposais by any meaha whatsoever. Affiant further states that (s)he has not pra�ented or endewored to prsvent anyonelrom making e bld or ofFer on the projed by any me8hs wh�tever, nor has Atf�anl �aused or induced an h to withdraw a bid or offet tor the. wo�t. Atfiant turt�er state� that the sald ofirr of Is bo►,a flde, and that no one has gone to any suppfler and attemptaci to ge1 such person r comparry to furnish the materials to ihe bidder only, or � fumished to arry other bidder, that the rneterial sh3li be 3t a higher prke. ' � . 1 0 • ,rer,� Slgnature of Authorited ompany Representaiive . f /eo9ieyY� Title Swam to and suhsaihed before me this �y of �a�� . 20� �'!,' .,cr/�.- Notary Signature PATRICK 5COTT DILLARD �� � � � ;�/ � NOTARY PUBLIC NOtery PubUc; ' � �'//-� (Prfnt Name) 6URKE COUNTY � v STATE OF GEpRG1A Cou �? �''� Mr Co ���n '� A�t 7, 201Z �Y: .... Commiaslon Explree: � � L ,.,` NOTARY SEAL ff th�r� ars no subconttxtit�g opportunitlss the form must be exawted (write Ntl� sign, dsto. and noterize �. Notr: Tbe syccessfut ve,ndorw;ll 1y�ve forn► to the P�acuremen! Deparfi,tienE na la�ehan frra (5) days aRer rscolvin� th� 1naadaGon" {Vandw'� /etts� wlll olanote th� d�tt lornts aie to be received) .�`.�-; •'� . �'�. � • o� J R . ' . 99 R�v 1/0lh0 _ $: t1 ,•;e�� : O� t � /� G Q . � ,� C?: .� �. p V 8 �' • �„ 9id#1�-09� Wakefloto Plece P;pe Replavement . � i ''�, �'�` �•'� ��` Pags � of S ,, k � v ,,�� '��a �a�" Mar,24. 2011 1�:45AM Bl�ir Gcnstruct�on No.9556 P. 4 �'ll'7fC'tG 10•JJ TR�. rU1C�.f'Y'1�11V�7 p•� a 0 o `r , � ^ �,,. '� � � o �� � � �� A � m_ �a � . � �� � m � W � ., ° �� � � � i 3 � m � m $ �� v � • �� �� � �a � � � � J � ' � p � � � ', � � '� . �� ��� � `�✓ Q �� � � �� � � � � � _ .- �o� �„ � .� �N � m � � - .. oW ��� � � �� v, ° � ' s � w�c � c � �H � � o� �F m p �� 1� � °. �V � c � V� o� � m � a g o> �� � sY �Zr� � E~ r � • � i3� � d � � a �� J m � h � /1 � � O � C � �t�,����a � o. 4 i � . ZVIao�M �o �ioa3a��� � o� �� « �q�.� ' � €� g a � ,� � o r b o p o C C � �� � � � �� �� y �� �` � 5� �° �g�,o .� � � � � � .. .. e � ,�� � �� ° � � �� � Q ���, � � !�� A ��� � ,� � � � \ ' o a► .. �� � v°/ ," �o . m � � � 9 �� �• �� � � Q a � . $ � � � �� � o � � � �� . �� � Mar.24, 2411 10:45A� Bla�r Ccnstruct�on No.4S56 P. 5 I'IWc-LG lb�.�.7 MKI, f UrCl,1'�i�11Ylt �.� . � � - , � � � w � .� $ C � o � a ~' ` � � ;� \ � � .� � m m � � � m � „ � � � � � � c ,� � � o g� : ! o � �i � a 'h w � � � O' � � � � 0 C ' � O1 � � � � •� � ' �• Y d c d=a ` 4J � ZQ 1 cr �� � �^� � � � �N � \ ao ; ��� � m �g � \ w � ^J� � � a `�, ` � � a v��j� o ��s � �� �� m W � 7� �� � m � O � C � � � � �`l� � � � O � ¢ j � � a � i � o �OC � � 2 � �y � � O� � = u � � � ��'' J" � �a � � � �� � � s � � o �� �� V � � � 3 O � � � � �� 4 � J r � a b p 0 �� � � O 0 �ts" m ,o � � �� � � ,� o � � .. � y� � : � �; � " � Q � $� a �� �� � � _� � � �� � Q � �� � \ � � a � � g � � �1 = y o` ar � o 3 0 � v o m � .l v � � g \ c. � o� � �o o � �ti � a �e m o � E• � E � e B z � m� � h a� a$ � ��� � - � E � 4 $ c. ia z � BID BOND KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc., PO Box 770, Evans, Georgia 30809 of (hereinafter called the Principal), as Principal, and Western Surety Company (hereinafter called the Surety), as Surery are held and firmly bound unto Augusta Commission, 530 Greene Street, Room 605, Augusta, GA 30911 (hereinaftercalledtheObligee)inthepenalsumof 10%ofBidAmount--------------------------------------- -----------------=-------------- Dollars($ 10%ofBidAmount ) for the payment of which the Principai and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Wakefieid Place Pipe Replacement NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance ofthe said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 24th day of FebruarV > 2011 � B/air Construction, Inc., PO Box 770, �� � ����_ � Evans, Georgia 30809 (Seal) � %c—�uJ � Principal Witness J � �c� �f�Ii�•`�7 Title ' Western Surety Company ' �. .� . Wifiess By ,c_.G�c G..,.�iC�G�i. — BuCk Leigh Attorne}�-in-�'aet S-0053/GEEF 10/99 � � Wes�ern �ure�jr �ompany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AII Nlen By These P'resents, That WESTBRN SURETY COMPANY, a South Dakota corporation, is a dufy organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signamre and seal herein affixed hereby make, constitute and appoint Buck Leigh, Individu�lly of Coiumbia, SC, its true and lawfui Attorney(s)-in-Fact with full power and authority hereby confenred to sign, seai and e�cute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unixmited Amounts - and to bind it thereby as fully and to tha same extent as if such instruments were signed by a duly authorized offcer of the corporatim and all the acts of said Attorney, pursuant to the authority hereby given, ate hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Law printed on the revetse hereof, duly adopted, as indicated, by the shazeholders of the corporation. ln Witness Whereof, WESTBRN SURETX COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of July, 2010. WESTERN SURETY COMPANY �W`ETr #��i' � .ri�' !=�I �i;'\`S fA�",�±' J, �rM 0 � P ' Paui . Bmflak, Senior Vice President Stste of South Dakota � ss y County of Minnehaha On this 7th day of July, 2�10, before me personatly came Paul T. Brutiat, to me lu►own, who, being by me duly sworn, did depose and say; that he cesides in the City of Sioux Fails, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above insm+ment; that he knows the seal of said corpotation; that ihe seal affixed to the said instrumeni is such corporate seal; thak it was so affixed pursuant to authoriry given by the Boazd of Directors of said corporation and that he signed his name thereto pursuant W like suthority, and acknowledges same to be the act and deed of said corporatioa My commission expires ayy�~~~htihNbhh�tihh44tihtiNti4 � d D. KRELL f T[ovember 30, 2012 f NO?ARY PUB41C ^ t f �� SOUTFI DAKOTA S�L f 'Ftihti�shbh�stiMYNbbhhb00.Yb�sM '' - D. Kre(1, No ary Public CEIiTIFICA'i'E I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is stip in force, and further ceRify that the By-Law of tfie corporation printed on the reverse hereo�' is st'sll in force. In testimony whereof I have here�nto subscribed my name and affixed the seat of the said corporation this 24�1 day of �zY ��� �;'"Er'' WESTERN SURETY COMPANY ,,.�-� o, _'�''�4 ,x g .. 3�� a . s�� ,,;�P�: 0�" L. Nelson, Assistant Secretary Form F4280-�9-U6 Bond No. 586 76239 PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. document No.A-311 KNOW ALL BY THESE PRESENTS: that Blair Consfruction, Inc., PO Box 770, Evans, Georgia 30809 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, Western Surety Company, CNA Plaza, ChiCaqo, Illinois 60685 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-RiChmOnd County Commission, 530 Greene St., ROOm 605 Augusta, GA 30911 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Fifteen Thousand Four Hundred and 00/100 - - - - - - - - - - - - - - - - - - -------------------------------------------------------------� Dollars($ 15,400.00 �). for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , , entered into a contract with Owner for Wakefield Place Pipe Replacement, 2931 Wakefield Place, Augusta, GA Remove and Replace 150 Of 30"' Storm Line (Here insert full name address and description of project) in accordance with Drawings and Specifiications prepared by � � (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. � S-1219/GEEF 10/99 Page 1 of 2 PERFORMANCE BOND 586 76239 NOW, THEREFORE, THE CONDITION OF TH[S OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or contract or contracts of completion arranged under this paragraph) extension of time made by the Owner. sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages Whenever Contractor shall be, and declared by Owner to be for which the Surety may be liable hereunder, the amount set forth in default under the Contract, the Owner having performed in the first paragraph hereof. The term "balance of the contract Owner's obligations thereunder, the Surety may promptly remedy price," as used in this paragraph, shall mean the total amount the default, or shall promptly payable by Owner to Contractor under the Contract and any amandments thereto, less the amount properly paid by Owner to 1) Complete the Contract in accordance with its terms and Contractor. � conditions, or � 2) Obtain a bid or bids for completing the Contract in accordance Any suit under this bond must be instituted before the with its terms and conditions, and upon determination by Surety of expiration of two (2) years from the date on which final payment the lowest responsible bidder, or, if the Owner elects, upon under the Contract falls due. determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and No rigl�t of action shall accrue on this bond to or for the use of Owner, and make available as Work progresses (even though there any person or corporation other than the Owner named herein or the should be a default or a succession of defaults under the heirs, executors, administrators or successors of the Owner. Signed and sealed this day of , , P , ��� �' �� / Blair Construction, Inc., PO Box 77u, Evans, , , '�—' Georgia 30809 (Seai) (Witness) � � � (Pr;ticipsl) ' . . ��� J�� ��b�� <����,�,����,CC (Title) Western Surety Company, CNA Plaza, Chicago, Illinois 60685 (Seal) � ( W itness) (Surety) i Buck Leigh, Attorn -in-Fact � (ritle) S-1219/GEEF 10/99 Page 2 of 2 LABOR AND MATERIAL PAYMENT BOND Bond No 586 76239 Conforms with The American Institute of Architects A.I.A. Document No. A-311 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, Western Surety Company, CNA Plaza, Chicaqo, Illinois 60685 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission. 530 Greene St., RO0111 605 Augusta, GA 30911 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Fifteen Thous2nd FourHundredand00/100 ------------------------------------------ . Dollars($ 15,400.00 - ). far the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successars and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , , entered into a contract with Owner for Wakefield Place Pipe Replacement, 2931 Wakefield Place, Augusta, GA Remove and Replace 150 Of 30�� Storm Line (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. S-1220/GEEF 10/99 Page 1 of 2 LABOR AND MATERIAL PAYMENT BOND 586 76239 NOW, THEREFORE, THE CONDITION OF THIS O}3LIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required fior use in the performance of the Contract, then this obligation shall be void; otherwise it sha19 remain in full force and effect, subject, however, to the follo��°ing conditions: l. A claimant is defined as one having a direct contract with the were furnished, or for� whom the work� or labor was done or performed. Principal or with a Subcontractor of the Principal for labor. material, or Such notice shall be served by mailing the same by registered mail or both, used or reasonably required for use in the performance of the certified mail, postage prepaid, in an envelope addressed to the Principal, Contract, labor and material being construed to include that part of water, Owner or Surety, at any place where an office is regularly maintained for gas, power, light, heat, oil, gasoline, telephone service or rental of � the transaction of business, or served in any manner in which legal process equipment directly applicable to the Contract. may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. 2. The above named Principal and Surety hereby jointly and � severally agree with the Owner thaY every claimant as herein defiined, who b) After the expiration of one (1) year following the date on which Principal has not been paid in full before the expiration oi' a period of ninety (90) ceased Work on said Contract, it being understood, however, that if any �� days after the date on which the last of such claimant's�work or labor was limitation embodied in this bond is prohibited by any law controlling the done or performed, or materials were furnished by such claimant may sue construction hereof such limitation shall be deemed to be amended so as to on this bond for the use of such claimant, prosecute the suit to tinai be equal to the minimum period of limitarion permitted by such law. judgment for such sum or sums as may be justly due claimant, anci have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. c) Other than in a state court of competent jurisdiction in and far the counry or oYher political subdivision of the state in which the Project, or any part 3. No suit or action shall be commenced hereunder bv am� claimant: thereof; is situaYed, ar in the United States District Court for the dish in ' " which the Project, or any part thereof, is situated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the fiollowing: the 4. The amount of this bond shall be reduced by and to the extent of Principal, the Owner, or the Surety above named, within ninety (90) days any payment or payments made in good faith hereunder, inclusive of the after such claimant did ar performed the last of the work or labor, or payment by Surety of inechanics' liens which may be filed of record against furnished the last of the materials for which said claim is made, stating said improvement, whether ar not claim for the amount of such lien be with substantial accuracy the amount claimed and the name of the party to presented under and against this bond. whom the materials Signed and sealed this day of , , ��� �/� l Blair Construction, Inc., PO Box 77Q; Evans, �� Georgia 30809 (S�aI� (Witness) � - �(Prir.cipalj r,dcl�c.� � 1'�, -e�t `��,P3�e���� (Title) �� � , Western Surety Company, CNA Plaza, Chicago, � � � Illinois 60685 (Seal) - ( W itness) (Surety) Buck Leigh, Attorne -Fact � (T.t1�) S-1220/GEEF 10/99 Page 2 of 2 �-� r �u� a an �y POWE� �_ �T'TOI2IVEY AP�'�I1VTIle1G INDIVIIaUAL ATTOR.I�IEY-IN-FAC:T Know All ]dten By These Preseni ;, i'hat WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and exisiing corporation having its principal offica in the City o! Si��ux Falls, and State of South Dakota, a��d that it does by virtue of the signature and seal herein aEfixed hereby make, constitute and appoint Thomas M Albus, �a�f.�:; �eigh, Indav�c�ually � of Columbia, SC, its Crue and lawful P�F`� ��:��� ���(s)-in-k'act with fuU power and aud�oriry hereby conferrad to sign, seal and� exeeute for and on its behalf bonds, undertakings and other obligatory inst� ��� �zts of similar nature � - In Ur�l�r�itsd �.mounts - and to bind it thereby as fully and to ci., c cxtent as it'suc{� insznaments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority he��� '�� �,�� cn, aze hereby ratified and confirmed This Power of Attomey is made :- . :;cuted pursuant to and by authority of 5he By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In !�'itness Whereof, WESTER^' :,' I?i TY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seai to be hereto affixed on [his 8th day of.tan��_�: �� 2010. �� WESTER.N SURETY COMPANY �- � a _N:� �.��. �;��SE�`�''; � k�4'�h oaµ°~�,, ""+�„b.��"'' Paul . Bruflat, Senior Vice Fresident State of South DakoCa 1 T ss County of Minneliaha � On Chis $th day of January, 2010, *_�� �� �,ne personaliy came Paiil T. Bruflat, Yo me known, who, being by me duly sworn, did depose and say� that he resides in the Ciry of Sioux Falls, State : c uth Dakota; [hat hc is tl�e Senior Vice President of WESTERN SURETY COMPANY described in and wlaich executed the above instrument; that he ?. -; the seal of said corporatio�; that the seal affixed to the said instnament is such corporate seal; that it was so affixed pursaant to authority grven by =+ <[1�xrd of Directors of said corporation and that he signed his na�ne Ehereto pursuant to like authoriry, and acknowledges same to be the act and dec-i .��,? said corporaCion. My COtTlil]IS51011 EXplfCS : . ..:•'�"j°""'""'"�`'S"�`'`'n"'�"^a��,',�a.ti ¢ �. ���.��... � November 30, 20i2 `�� NOTARY Pl9sI.IC S � s . ,-� SOUT�II [iAKCATA a �. ..:. $ D. Krell, No ary Pubfic CFRTIFI�A'I'F I, L. Neison, Assistant Secretary ot ''-' `>1'ERN SUR�TY COMPANY do laereby certify that the Power of Attorney hereinabove set forth is stif{ 'sn force, and further certify that tha By-La;+ `.i1c corporation priated on the reverse hereof is sCill in force. In testimony whereof I have hereunto subscribed � my name and a�xed the seal of the said ���- ���c.;�ation this _ _ day of , � .+guRETyc ,, �E�TERN SURETY� CQMPANY � : ....... = y��O� � ?W$ x �f.1A tS .C`. �� i � ���y` r� �Wd"p'i° L. t�ielson, Assistant Secretary Form F4280-09-06 � 4 , , .. DATE (MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 03/18/2011 PRODUCER 770. 246. 8300 FAX 770�. 246. 8301 THIS CERTIFiCATE IS ISSUED AS A MATTER OF INFORMATION Sutter, McLel lan & Gil breath, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTiFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1424 North Brown Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Lawrencevil l e, GA 30043 INSURERS AFFORDING COVERAGE NAIC # INSURED glair Construction, Inc INSURERA: Nd'C1011d� Trust Insurance � Southern Asphalt, LLC wsuaERS: FCCI Insurance Co. . Evans Paving and Grading, LLC iNSURERC: Hanover Insurance Co. 22292 P. 0. Box 77O INSURERD: EV fl5 � GA 3OHO9 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POIICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' 7ypE OF INSURANCE POLICY NUMBER P���CY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE MMIDDlYYYY DATE MMlDD/YYYY � GENERAL LIABILITY CPP0004476 6 �2�14�2��.1 �2�14�2�12 EACH OCCURRENCE . $ ]. � Q�� � Q� X COMMERCIAL GENER.4L IIABILITY PRE MISES E o"�u ° nce $ lOO , OO CLAIMS MADE � OCCUR MED EXP (Any one person) $ 5� 0� A Pol l ut i on Li abi 1 i t PERSONAL & ADV INJURY $ 1� OOO � OO GENERAL AGGREGATE $ Z� OOO � OO GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS - COMPlOP AGG $ Z� OOO � OO POLICY X PR � LOC JECT AUTOMOBILE LIABILITY CA 0005458 6 �2�14�2�11 02��.4�2�12 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1� ��Q � OO ALL OWNED AUTOS BODILY iNJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS � BODILY INJURY X NON-0WNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS / UMBRELLA LIABILITY UMB0002841 6 02�14�ZO11 02�14�ZOLZ EACH OCCURRENCE $ S� OOO � OO X OCCUR � CLAIMS MADE AGGREGATE $ S� OOO � OO B $ DEDUCTIBLE $ X RETENTION $ ZO � OO $ WORKERSCOMPENSATION O10-WC11A-54981 02/14/2011 �2�14�2�12 X � AND EMPLOYERS' LIABILITY � TORY LIMITS ER ANY PROPRIETOR/PARTNERlEXECUTIV OFFICERS INCLUDED E.L. EACH ACCIDENT $ 1� OOO � OO A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) �—� E.L. DISEASE - EA EMPLOYE $ 1� OOO � OO If yes, describe under SPECIAL PROVISIONS beiow E.L. DISEASE - POLICY IIMIT $ 1� OOO � OO oTHER IHA4999540-02 02/14/2011 02/14/2012 $310,000 any one item � Leased and Rented $500,000 policy limit uipment DESCRIPTION OF OPER.4TIONS / LOCATIONS ( VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS roj:Wakefield Place Pipe Replacement. Contract amount: $15,400.00 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1� DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFf, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILfTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Augusta GA COIIYI1l55lOfl REPRESENTATIVES. Room 605, Municipal Building AUTHORIZEDREPRESENTATIVE �ryJ� �� Au usta, GA 30911 � Mark Ja nes CSP/LINDAM ACORD 25 (2009/41) O 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD � . . . IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01)