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HomeMy WebLinkAboutBLAIR CONSTRUCTION FOR MORGAN ROAD PIPE REPLACEMENT PROJECT �� - � .�.�- a . f' ..- �.,.,t. _-.._� �,....,-� _ ,.�.�; m .� .,� [ 3 t+' ' �'7 !Z ( 2 t r� MORGAN ROAD PIPE REPLACEMENT PROJECT NUMBER: N jA Tables of Contents Invitationto Bid ............................................................................................................... Instructionto Bfdders ...............................................................................iB1- iB3 Georgia Prompt Pay Act ....................................................................................PPA -1 Addendum(sj ...........................................................................................................1- 2 Agreement ................................................................................................................1- 3 Bid Form ......................................................................................................................P1 General Conditions ...............................................................................................i -13 Supplemental Conditions .........................................................................i-2 Contractor's Statements: ➢ Attachment B • Contractor's Statement of Non-Discrimination ....................... • Non-collusion of Prime Bidder f Offeror ....................... • Conflict of Interest Statement ....................... • Contractor's Affidav�t and Agreement Statement ....................... ➢ Bfdder'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 ....................... ;�., u.,.-;� �M 0 1 A � CITY OF AUGUSTA, GEORGIA , 4FFICE OF THE PROCUREMENT DIRECTOR 530 QREENE STREE? SUITE 605 AUGUSTA, GE4RGIA 30901 (?06) 821 •2422 wwvv.a�gusta„�, ¢a gov DATE: ,lmtt�uy 12, 2p11 BID NO. 11-09p MJBJECT: it�vitatbn to bfd On ttw to�np �quiPmatt, su�ly, anc�or services. NAME CF 810: Nlor�n R+o�sd MP! R�p�am� tor Publk S�nrlcr — M�ntatanc� �bn Th� �r e�ttends tra ywn Firm � trnri�ort to submR a l�tl to euPp1Y ths Ctry af At�ta v�fth squiprn�t, wppi�, �1ar sar�ri�ces m i �t�+�s. Se�d �!� for th� above wNl be received at the Qlfbs of the Cky Proc�sm�t Di�lot, 63C Groene Strset — 8uite 806, ths Mun�cipel Bui�dir�� �A,upuata. Georg�, up to 3:00 p.m. on Tt�u+�r, R�uary ?,t, 2011, at which tlme, bids vvlll be ap�ed arxi �Widy rosti. The Bo�d ot Ccmm�ian r�e� � �iQtrt to r� �y and all b(�a +�d to weive formsli�ea. Ir�b�tx�lons for pts��n �d subm�on of a t�d-propos�l ue �#ned in ths stteched packat. Pte�se n�s tl�e! tpet�iC tamts �Or w�i�bn of s bW pro�poss� �+s required. Bids must be typsf! a prir�sd in ink. If yai � r�at Wd, �urn :Ipn�d b1d Invlttt�n shAet srx! st�s tsaon,. Aiao, phas� alairly m�ic tta o�ubid� o! y�ow �ttwtop� +a "No 8�l." Any c,twnpss �o ths +oand�k�rae a�d sp�ol�Cetla�a must b� in the form of a wMti� auidendum to t» v�d; thereforo� the GK�r w�i iaw a wrltt�n adda�dum to document � approved d�ar�. Any !�i �ubmittsd whioh c1oM not aQla�v�ri�l� N1� noNpt o� �t addu�dum wHl not b� oanst�tad. The Cky o1 A�wta se�ka b er�uro ttu� �I sapmar►b of the buaMiess com�►u�ty ha�ro axsss to sul�lyinB 'tt� poods e�MM serviae�s cNSded by C�Y P�s• D�rg bu�l�ts v�th A�tt�a hn becoms e�br! The nmw ARCBfd link, wfi�ch ls located on ths Procura+n�nt D�bt�nt'a w!�bsib� at , eMblss you to viaw current �1 past pub�c btd information oMin�. Shcwld y�ou t►�nre sny qu��ona oonaam#r�g the bid docum�ts, or r� a�diti� informetbn� Ya� maY catt�d a merrtbsr ot th� Bkt and Contract Team drrectty � 7Q6 821-2422. A r�uest for bid �dsmer�s nttnt M� f�nnd M Titd i21-2S11. A Bid propa� tnom y!c�x Fhrr� rvNl bs ap�ec�eMed. Sinc+�ety ya�us, � G�i A. Sems ProqK�nent Dtt�e�ctor inv�tat�on to Bid Ss�led bi� wYl bs rec�hred at tt� d�c� uMfl 3:00 p.m. Thureday, Febru�r 24, 2011 for fumbf�ng: Sid idm �11-0M d�nnin�an Driw t� R�p�ar�nt br Pt�� ssr�ic� - Mii�nn� �sian 61d Ibm �'11-0� N�tJor�N Av� �r �►ralt Ro�! Pip� R��t fa� Public �rvlw► - MsM�brrnci Divlrlon Bid I�m �'i 1-0l7 Wa1cMNld � Plp� Rsplua�M tor �t�c 8�rvie:� - Mul�tbnat� Dhr�on BM Ibm N11-!t� Moe+�an Ro�d !'+� �rtt fcr Pt�Wic lR�rlc� - N�ir�ar�r+c� Divisbn Bic� wNl be rocsiwd by Auaata,, GA Comm� !»reinsAer rs�hsrred to aa the ONVNER art the o!'fioes c�f: Gerf A. San� Procurement Depat�tmerrit 530 C3re�ris SUroet - R�an 80S Au�ts�� C�eo�a 309t}4 708-$31•2422 8id �rterMs may be vinwed or� the At�+at� f�ctwt�and Ccyu�►y weka �its ttn�r � Pra�xxemeM C�partR►snt ARCbM. Bid � n�r b�e at ths o�icx� af the A�rsfa. GA Pr+ocue+ement t, 5� Gra�ne $�r+eet - t�Zootrl eEl6� Au�ls� Q�A 3tl�01. D�nt�n4� m�t be eac�nlrtisd durlrtp rsepuiar t�sMtess hotx� af �1s of�res d At�, Ci�A Pt�srtt Depltrt�t. A M�ory Pra 6k1 Ca�tnr�as w1!# bit hNd on F�iday� F�Y 4, �11 � 1Q:00 s.en. in !IM ProcunRa�t D�pNrbrNM, SSO t� �trMt, Room �. AN � rrtu�t b� s�d in Mrr4ttt�p b+y f�x M 706 �1-?,�11 ar b�► �trt� to �o �e crtflw af tM Proc�m�M D�pwtm�nt try T�ra��r� F�brua�t A, Z011 �� P.M, 1� t� w� be aoQS�d by tax. e�i �wst be roc�eiv�sd by mail or ha� deNv�erod. Th� � biddK pr+�+�na� p�o�nm b appiiasbM �o tlds p�cR. To b� �p�awd sr �� t�rr �d � t� pr�sn� on �� loc�i pro�, tl» �Non st�snt � a bcal bid�r a�d � s�po�lrp docuntsn�s � bs si+bm�d /o ttN P�ocun�snt D�paRm�nR vv1N� �►ot,r bvtaNieF� Wd P�• Wo 8id rr�ay b� w�lhdr�+nm fer o p�d �!i0 d� s1� �ms ha� tr� caited c� tl�e da�ie af c�anMg. A 10'K bld bot� Is n�Wnd b bs Nono �� bldtMrs' qu�!lloatlor�� a 10A% p�rfornr�nc� b�ond and • 1 ofNi p�rlr�rn�! batd w� b� r�k'at! tor �w�1M. M Nrvlt�tlon b� !� �tl ha lswe�i lyy 1M Procunemertt (?Hice and s�Ni induda �sci�csda� � in a000rd�rtos v�il� J1t�e A (Pt�Ct 8p�difq�). end ul conbra�tu�d terrns and , a bo the proour�t. A� sp�Ac r�q�nmanb c�ar►E�in�d M 1ha �vl�t� to b1d indudk►�. but r�t �mited �o, th�e r� oi' Coplp nMdad� tl� �1p oi � , the nqt�ac! flt�i�tt�ti �ta, snd emy atl� r+e�tsmartb by N'�i Procu»mr�rtt Dsp�txnt I�+e Qor�an�d mitt�rist �� tha bid whiCh ara r� wsFws�ls or modiMbie by thr Pr�wram�nt Direc�. P� n�1c BIO n�ar+dsr � ttre autMde of tt�s �ps. Sidders sne a�OrNd � s�ba�ion cf �0 documsr�ti U�tcwQh any sour+ce ath�r �� otfit�e of M�e Procunrnsnt D� Is r� Int�{a�l�. Acqt�on ot BID do�sn�►dt frcm ur�utharizsd �n�aa pi�sd xhe bidda at �s tbk Of r�4r'p or' i {� upon wf�Ch to bseoe F�a t�ACatlons. C�dv� �us�+� Ee�isr tDl�l +�w�ich�nand Cex+r�tl►, ao�pia do�s nat o� • DBE, NSE or W� � fq�' A� fw�drd Pr�o�b, a a F�ra! Gaurt h�t �bnd �n QrO� �nJa�np dss Rso�ds�sd pior�on o! /4�tal�'s D� Pra�►. In�rd Au�ab c�s a LACaI �N duNrNSs ��I► Pro�. 1io�� 1+ar v�rious pna�cb t�!!s#tp th� s�nd�un of 8�N or R�re�rM YuAC�, A�purts arlon�s D� raqWwma�b �t�dfor OdE go�M sN by tlu F�►N andJa � A�p�rwMs in aoaa+�r� wllh � nt� F+�esi Isws. GERi A. SAMS, Prot�roment Dir�ctc� Pubiist►: �ptat� Chronk,ls January 13, 20, 27, Febrtsary 3, 2U11 AAAfrO COUrie► Jenuery 19, 2011 cc: Tameka � int�rim t�sputy Administrator Miic�e C�te�ns Pubiic Servbe Da�1n� Str�d Pubiic 3ervk�s - Maintenanos Otvis�n Augusta, GA Engineerin� Department INSTR TIDNS TC) UC BIDDERS MORGAN ROAD PIPE REPLACEMENT PROjECT NUMBER N/A SECTION IB INSTRUCTION TO BIDDERS IB-01 GENERAL All proposais 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 wil4 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 prosetution 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 wiN 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 af 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 �xed 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 af bids. Failure of any bidder to receive any such addendum or interpretation sha41 not relieve such bidder from any obligation under his bid as submitted. A!I addenda so issued shall become part of the Contract Documents. IB-04 PREPARATION OF BIDS IB-1 AED-Morgan Road 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 aA 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 aN items may disqualify the bid. When quotations on all items are not required, bidders sha{! insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids wili 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 10% Bld Bond is required /n 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 FINAWCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipmen#, and his experience and �enerat qualifications. The IB-2 AED-Morgan Road Pipe Replacement owner may make such investi�ations as are deemed necessary to determine the ab+lity of the bidder to perform the work and the bidde� 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 qual�fied to carry out the obligations of the contract and to complete the work contemp{ated therein. Part of the evidence required above shaA consist of a list of the names and addresses of not less than �ve (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 shail 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 si�n bonds must file with each copy thereof, a certi�ed and effectively dated copy of the power of attorney. IB-OS 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-Morgan Road Pipe Replacement Au�usta, GA Engineerin� Department GEORGIA PROMPT PAY� MORGAN ROAD FIPE REPLACEMENT PROjECT NUMBER N/A GEORGIA PROMPT PAY ACT This Agreement is intended by the Parties to, and does, supersede any and ail 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 reAgreement shall controL All claims, disputes and other matters in c{uestion between the Owner and the Contractor arising aut of or relating to the Agreement, or the breach thereof, shal{ 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 A�reement 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 o# 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 owr►er (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 tand�lt 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-Morgan Road Pipe Replacement Augusta, GA Engineering Department ADDENDUM S MORGAN ROAD PIPE REPLACEMENT PROjECT NUMBER N/A ;,�. '���- �'��e►� G B-� R Ci t A G ��� ,� Fax�dlMailad T0: AN Bidders PhyUis Mllls, Qua{ity Assurance Analyst Mike Greene, Augusta Pubi� Services Department FR�M: Geri Sams " Procurement Di��r DATE: February 16, 2011 SUBJ: Respona�s to Bidder's �uestions BIO ITEMS: 11-094 Bamin�ton D�ive Pipe Rep{acement 11-096 National Avenue � kew Savaa�ah Road Pipe Raptacem�nt 11-097 Wakeffefd Placs Pipe Replacement 11-099 Morgan Road Pipe Replacement for Au�usta Public Senricas [?�artment- MaUten�ce Divis4on DUE DATE: Thursday, Febru�ry 24, 2011 at 3:00 P.M. ADDENDUM NO. 1 RESPONS�S TO 81DQER'S QUESTICIN3 1. Q: There are double pipes Isading out of the wing trap at 2719 Bennington D�ive, are you �eplacing both those pipes or is there a pipe to replace behind the residence? A: Botfi pipeos are to be nplaced behlnd 27'{9 Bennington Drive Z, Q; Will you require any atone haunching of the pipe, to the s�xingline, to the top, ar nane at all? A: 8tono bedding is not roquired 3. Q: Plans call fer 2U0 LF of 42" pipe replacement, th�e ar� two (2) runs at 519 Nationat Avenue, will you be repiacing both ZDO Lf runs or only 1Q0 LF on esch run9 A: There an a tatal � 5�' at plp�. 7wo lengths of 2b0' 4. Q: Will the connect poir�t to 42" RCP need ta be made with a Junction box or does the co�tractor manufacture a box connectio+n? Is tt�ere an existing box to c�nect t�? A: The junction box is belisved to bs u�der the fr�hty placed asphalt (not voritioc!}, !f no 1�x coM�tor rn�t ins�it the box 6. Q: Who wNl be respor�ible for replacement of asphalt in the parking lot? The Cont�actar or Pubtic Wa�cs Dept.? A: ARC wiN »ptaee the asphait. Coritrector will replac� the fsnce 6. Q: What are the speclf�s for ths paWng? 6" af concrete and 2�" of asphatt? GABC and 2 f�" asphalt? A: N/A, s� r�uponse for questlon S T. Q: Will t�e need ta be a h�dwail instaHed at discharge point of 42" pipe, or a flared end, w is riprap acc:eptebie? A: InstaN �ip rap and not hssM w�lis 8. Q: The ditch that is discharging inta r�eds to be macie to flow, so who is responsibfe fnr this improvement? A: inst�dl rip r� aiso a� the dischargs poir�t �. Q: WiD stone bedding be n�ded to sp�ingline, all tMe way ta the tap of pipe, or none at aN? A: 8tona �ddinp is not rsquind Room 605 - 530 Green Strert, Augusta Georgia 309 t 1 �dde�+ur+ t B+d �te+na #� �-oe°a, (706) 82l -2422 - Fax (706) 821-28 i 1 t �-o9s, � t-�7 a� t-oee7 www.au�eustaea gov Register at www.�m�± +Q►A*.cotNs}��ier for atttomatic bid notification 10. Q: There are no visibte junctian boxes or storm drain manhates to give a visible direckian of the flow of the flowv of the storm drain. A: Due to no visibls junetion boxes or manholss tc; vw wi{i do a piaR search and a utillty locate to d�ern�ine th� directfan of t�is pipe, 11. Q: WiU the pipe starting at the headwall of the open diteh t�ehind 2948 Wakefield Plaee have to be reptaced? A: Rrfer to response for qu�tion 10. 12. Q: Wi{I there b+e any trapa to be replaced? A: Refe� to response for qu�stion 10. 13. Q: Will rep{acement start at headwall nr at trap located beside residence? A: R�er to res�nse for qu�tfon 10. 14. Q: Will stone bedding be required to springline, ta top of pipe, or not at ali? A: Referto �ponso fcN question 8. 15. Q: The Wief Inlet in the middle of the n.m, witl it need to femov�l and replaced? A: Repl�e the vwir trap and install a junctian box rtea� the r.e�tetr of the project 16. Q: Wfll stone bedding bs r�uired to springline, to top of pipe, or not at aii? A: Re�fer to responae for question 9. 17. Q: There is a doghouse insta{led approximately � the length of the proposad storm drain with a wyre inlet. is thia to be re-instatled? It so a junction box wili be required because of tt� improper instaAaUon of the pr8sent wyre infet, A: Refer to r��nse tor qu�tion 1 S. 18. Q: Wlil the�e be any nsed to repface any trees that have to be removed? A: Tres replacamern fs not �equired 19. Q: The pr�ent depth of the dra�n fine does not have sufficient coverage for HDPR pipe. Additionaf fiif dirt will be needed. Will the County suppiy it, or do we need to include this in our est�mate? A: Additfonai flil dirt wfll t» suppllsc! by ARC 20. Q: There are tv�ro ccu�ugated meta{ pipes fcx drainage. So, therefare, the distance wdl be twice what was stated on the bld item. Or can � b+e repl�d with one 36" HDPE pipe? A: Refer to nspans� for qysstion 1. 21. Q: Is there any restoration other than "graded, compa�feci and reseeded," A: Gra�sing and s�ding is roquired fo� sll pro�ects. Plsas� adcnowted� add•ndum in your submittal END ADDENDUM Addendum 1 Bid Items #11-884, 11-Q96, 11-097 & 11-t�87 Augusta, GA Engineerin� Department A REEMENT G MORGAN ROAD 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 "CONTRACTOR" WITNESSETH: That for and in consideration af 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 60" x 360' 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 # 11-099), and related documents as listed in item 5 below. Project Summary: The project consists of the removal and replacement of a 60" x 360' 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�Pa�e AED-Morgan Road Pipe Replacement 2. The Contractor shall provide all labar, 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 deseribed herein. 3. The Contractor will commence the work required by the Contract Documents within Ten 10 calendaz days after the date of the Notice to Proceed and will complete the work within th� �,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 Fortv Six Thousand Nine Hundred dollars and Qro cents ($�6,90Q 001 5. The term "Contract Documents" means and includes the following: Bid Bond Advertisement for Bids Agreement Performance/Payment Bonds Notice of Award Invitation to Bid #11-099 Change Order General Conditions �id 2�Page AED-Morgan Road Pipe Replacement IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in Five (5) counterparts, each of which shall be deemed an original on the date first above written. OWNER: AUGUSTA, GEORGIA ATTEST: � ��.���.� .�� 1' ��N ^' ��� B �✓��'�d S � ���* � �.e � e ,�� 1 0 Y� �� .f r � a�SO� s � J��, Mayor Deke S. Copenhaver � a' � ��y � � ry i s ' �' � : � a �� � ���, , � �j������ o sr ` � a.s f' f` 0 Secre �� ,��.�� � � £��:;;� . ''���,,��ti:".. ' , - Witness r CONTRACTOR: 4.1/� � Blair Construction Inc. . � . By: u� D�ye v✓�. - Title: �iF'j���°�'� SEAL \ � Address: � °- ��x � � � Attest r /� ����5 �� 3�d�5 � � l Secretary � �_. ��-� s ��, Witness 3�Page AED-Morgan Road Pipe Replacement � Augusta, GA En�ineeri�.g Department BID FORM MORGAN ROAD PIPE REPLACEMENT PROjECT NUMBER N/A AUGUSTA-RICHMOND COUNTY COMMISS�ON B�D ITEM #11-099 BID FORM PROJECT NAME: •��'r�A,..� /�!'v�--� �j,� �����.��-�7�" CLOSING DATE: Z�z��� CLOSING TIME: 3% n° �°i� ___=_=_=__=_==_ _���= ===_====__-- -------====--==-=--==-==__-- - � -_------ - =-=_= SECTION 1: Bidder Information Name of Firm: ��°'�'` G-��s��J�- �r P-� �� - Address: � ° . �v� 7� a ��- s �� Zip: � G'�'�' � �� � Phone: $�8 —�Sr1 Fax: ��'/ �3G�, - E-maiL• ,.�%%/�•�-,G? �/a.-:,- �s�� � �. �.�.s II, PRIClNG: Base Bid: The above �rm proposes to undertake the referenced p�oject as shown in this Invitation to Bid at the foilowing quoted lump sum price: � fOS/�'T J/T� ��tl/G-�� ! �� /� dH ,,�' !9U � � � DoUars ($ ��''i �� � °'' ) � ' . ` ''l Z Z� /l (Signature) (Date) Contact Person: G������ �, �°�=Nc � Titte: ��� �'�j:`��'�" �i� . Company: 1/��� �,�����r��d--� . ,�ic . Address: `/ o . � �X 7 � a ,�,r�.rs� G� � � ga � Phone: 7��v�f!3G,t� �i``l'� Fax: ���'���vS —'/8s.s E-mail: �i1./�.-� @ �/a.�`r��s�•vc.,�o �,�.s Bid 11-099 Morgan Road Pipe Replacement Page 1 S of 54 Augusta, GA Engineering Department GENE�►AL CO NDITItJNS MORGAN ROAD PIFE REPLACEMENT PROjECT NUMBER: N/A SECTIOdSC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section GC-01 Definitions GC-02 Additionai Instructions and Detaii Drawings GG03 Schedules, Reports and Records GC-04 Drawings and Specifications GC-05 Shop Drawings GC-06 Materials, Services and Facilities GC-07 Inspection and Testing GC-08 Substitutions GC-09 Patents GC-10 Surveys, Permits and Regutations GC-11 Protection of Work, Property and Persons GC-12 Supervision by Contractor GC-13 Changes in the Work GC-14 Changes in Contract Price GC-15 Time for Completion GC-16 Correction of Work GC-17 Subsurface Conditions GC-18 Suspension of Work, Termination and Delay GC-19 Payments to Contractor GC-20 Acceptance of Final Payment as Release GG21 Insurance GC-22 Contract Security GG23 Assignments GC-24 I ndem nification GG25 Separate Contracts GG26 Subcontracting GC-27 Engineer's Authority GG28 Land and Rights-of-Way GC-29 Guarantee GC-30 Taxes GC-31 Work Adjacent to Railway or Other Property GC-32 Order and Discipline GC-33 Warning Devices and Signs GC-34 Special Restrictions GC-35 As-Built Drawings GC-36 Allowances 1�Page AED-Morgan Road Pipe Replacement GC-01. DEFiN1Ti0NS: Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plurai thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifieations, by addition, deletion, clarifications or corrections. 2. BID: The offer or proposal of the Bidder submitted on the presc�ibed form sett+ng 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 o# 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 revisian in the work within the general scape of the Contract Documents or authorizing an adjustment in the contract price or contract time. 6. CONTRACT DOCUMENTS: The contract including, but nvt limited to, Request for Proposals, Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Pertormance Bond, Payment Bond, Notice ta Proceed, Change Order, General Conditions, Supplemental General Conditions, Special Conditions, Technical Specifications, Drawings and Addenda. 7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditians of the Contract Documents. 8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion of the work. 9. LIFE OF THE CONTRACT: The total duration of the Contract from Notice to Proceed to completion of all the work. 10. CONTRACTOR: The person, firm or corporation with whom the Owner has executed the Agreement. 11. DRAWINGS: The part of the Contract Documents which show the cha�acteristics and scope o# the work to be performed and which have been prepared or approved by the Engineer. 12. ENGINEER: The person, firm or corporation named as such in the Contract Documents. For purposes of thls contraet, the Asaistant Director of Public Services Department, Malntenance Division or his designated representative sh�+ll act aa the Englneer. 13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price ar 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 suc,cessful 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 pu�poses of this Request far Bids, the Owner is Augusta, Georgia. 17. PROJECT: The undertaking to be performed as provided in the Contract Documents. 18. RESIDENT PROJECT REPRESENTATIVE: The authorized representativ� of the Owner who is assigned to the project or any part thereof. 19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractar, a Subcontractor, Manufactursr, Supp4ier or Distributor, which illustrate how specific portions of the work shall be fabricated ar installed. 2�Page AED-Morgan Road Pipe Replacement 20. SPECIFiCATiONS: A part of the Contract Document� consisting of written descriptions of a technicaV nature or materiais, equipment, construction systems, standards and workmansh�p. 21. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Cantractor or any other Subcontractor for the performance of a part of the work at the site. - 22: SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part can be utilized for the purposes for which it is intended. 23. SUPPLEMENTAL GENERAI 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: A11 labor necessary to produce the construction required by the Contract Documents and all materia{s 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. Saici Notice is considered delivered and the service thereof completed, when posted by cert�ed or registered mait to the said party at his iast given address or delivered in person to said party or his authorized representative on the work. GC-02. ADDITIONAL INSTRUCTIONS AND QETAIL DRAWINGS: 1. The Contractor may be furnished additional instructions or detail drawings, by the Engineer, as necessary to carry out the work required by the ContracY Documents. 2. Any additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contracto� shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. SGHEDULES. REPORTS AND RECORDS: 1. The Contractor shatl submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may �equest concerning the work performed or to be performed. 2. Prior to the first partial payment estimate, the Contractor shafi submit schedules showing the order in _ which he proposes to carry on the work, including dates at which he wi{I 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 wi{I be required; and 2.2 respective dates for submission of shop drawings, the beginni�g 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 wilt earn during the course of the work. GC-04. DRAWINGS AND SPECIFICATNONS; 1. The in#ent of the Contract Documents is to describe the scope of work for which the Contractor shall furnish all design, labor, materials, tools, equipment and transportation necessary for the proper execution. All work is to be in accordance with the Contract Documents and a1i incidentaf work necessary to complete the project in an acceptable manner, ready for use occupancy or aperatian by the Owner is to be included. 2. In case of conflict between any drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies, inconsistencies, or ambiguities found between the Contract Documents and site conditions shall be immediateiy reported ta the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistenciss or ambiguities shail be done at the Contractor's risk. 3�Page AED-Morgan Road Pipe Replacement 4. All work that rnay 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 desc�ibed in both these ways. Should any work or materia{ be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is neverthelsss necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform ail such work and furnish any such material as fully as if they were particularly delineated or described. � 5. It is understood and agreed that the Contractor, by careful examination, has satis�ed himsetf as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, tMe general and locai conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obtigafions 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 revi�w all shop drawings. The Engineer's approval of any shop drawings shall nat 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 Contraat Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions o� 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 Cantractor at the site and shall be available to the Engineer. GC-06. MATERIALS. SERVIGES AND FACILITIES: 1. It is understoad that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for a!I materia{s, fabor, toois, equipment, transportation, supervision, temporary construction of any natu�e and all other senrices and facilities of any nature necessary to execute, complete and delive� the work within the specified time. 2. Materials and equipment shall be stored so as to insure the pfeservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be tucated so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, instaUed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samp4es submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or squipment to be incorporated into the wark and purchased by the Contractor or the Subcontractor wil! be subject to a chattel moRgage or under a co�ditional 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 constructian of the project shail be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contracto� shall provide, at his expense, the necessary testing, inspection and certification services required by the Contract Documents, unless otherwise pravided. 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4�Page AED-Morgan Road Pipe Replacement 4, If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specificaily be inspected, tested or approved by someone other than the Contractor, the Contracto� will give the Engineer timely notice of readiness. The Contractor wili then furnish the Engineer the required certificates of inspection, testing or approva4. 5. Neither observation by the Engineer nor ir►spections, 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 aA times have access to the work. in addition, authorized representatives and agents of any participating Federai or State Agency sha{I be permitted to inspect all work, materials, payrolis, records of personnel, invoices o# materials and other relevant data and records. The Contractor wi�l p�ovide 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 ff the Enginesr considers it necessary or advisable tt�at 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 a�l necessary labor, materials, tools and equipment. If it is found that such work is defective, the Contractor wifl bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, hawever, 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 attributabie to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate change order shaii be issued. 9. 7he Contractor shall give the Engineer 24 hours notice of starting any new work. No work shalf be done or materials used without suitabls supervision and inspection by the Enginesr. The Contractor shall furnish the Engineer with necessary samples of material for testing purposes. GC-08. SU6STITUTIONS: 1. When a material, articte or piece of equipment is identified on the drawings o� specifications by reference to brand name or catalogue number, the pertormance or other salient requirements and that other products of equal capacities, quality and function shail be considered. The Contractar may recommend the substitution of a material, artic4e or piece of ecauipment of equal substance and function for those referred to in the Contract Documents by refe�ence 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 ta that spec�ed, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contra+ct Documents shall be appropriately modifisd by change o�der. The Contractor warrants that � substitutes are approved, no major changes in the function or general design of the project witl result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price ar contract time. GC-09. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend ail 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 p�ocess, design or the product of a manufacturer or manufacture�s is specified, but if the Contractor has r�ason to believe that the design, prc�cess 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. S�Page AED-Morgan Road Pipe Replacement GC-10. SURVEYS. PERMIi'S AND REGULATIONS: 1. The Owner shall furnish all land surveys and estabiish all base lines for lacating the principal component parts of the work together with a suitable number of benchmarks adjacent to the work as shown in the Contract Dacuments. From the information provided by tMe Owner, unless othen�vise specified in the Contract Documents, the Contractor sha11 develop and make ail detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. 2. The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and sha{I be responsible forany mistakes that may be caused by their unnecessary loss or disturbance. 3. Permits and licenses necessary for the prosecution of the work shaU be secured and paid for by the Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct af the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he shaN promptly notify the Engineer in writing and any necessary changes shafl be adjusted as provided in Section GC-13, Changes in the Work. GC-11. PROTECTION OF WORK. PRQPERTY AND PERSONS: 1. The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of ' and will provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorpora#ed therein, whether in storage on or off the site o� other property at the site or adjacent thereto, including trees, shrubs, lawns, wafks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 2. The Contractor witl comply with all applicable laws, ordinances, rules, regulations and o�ders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all necessary safieguards for safety and protection. He will notify the owners of adjacent properties when prosecution of the work may affect them. The Contractor will remedy all damage, injury or loss to any propeRy caused, directly or indirectfy, in whole or in part, by the Contractor, and subcontractor or anyone directly or indirectiy employ�d by any of them or anyone for whose acts any of them ar� 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 whase acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or neg{igence of the Contractor. 3. In emergencies affecting the safety of persons or the work or property at th� site or adjacent thereto, the Contraetor, without special instructions or aulhorization 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 wark 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 shaN be at the risk of the Contractor until finished and accepted, except to damage or injury caused directly by the Owner's agents or employess. GC-12. SUPERVISION BY CONTRACTQR: 1. The Contractor will supenrise and direct the work. He wilt be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor witl empioy and maintain on the work a qualif'red supervisor or superintendent who shall have been designated ir� writing by the Contractor as the Contractor's representative at the site. The superoisor shaU have full authority to act on the behalf of the Contractor and abl communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shafl be present on the site at all times as required to .perform adequate supenrision and coordination af the work. 6�Page AED-Morgan Road Pipe Repiacement 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 tMe 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 fieid order, make changes in the detaiis 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 cha�ge in the contract price or time or both, in which event he shall give the Engineer written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. GC-14. CHANGES IN CONTRACT PRICE: 1. The contract price may be changed only by a change order. The value of any work covered by a change order or of any ciaim for increase or decrease in the contract price shall be determined by one or more of the foliowing methods in the order of precedence listed below: 1.1 Unit prices previously approved. 1.2 An agreed lump sum. 1.3 The actuat cost for labor, direct overhead, materials, supplies, equipment and other serviees 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 ac#ual cost of the work to cover the cost of general overhead and profit. GC-1S. TIME FOR COMPLETtON: 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced sha11 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 fult 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 reasonab{e 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 remave 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 Ownet 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 wrork 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 o� material shall not be construed to be an acceptance of any defective work or material. The Contractor shall remove, at his own expense and shaN rebuild and replace same without extra charge and in default thereof the same may be done by the Owner at the Contractor's ex�ense 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 shalt have the power and is hereby authorized to make an equitable deduction from the stipulaied price. GC-17. SUBSURFACE CONDITIONS: 1. The Cantractor 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 physica! conditions at the site differing materially from those indicated in the Contract Documents. 7�Page AED-Morgan Road Pipe Replacement 1.2 Unknown physica{ conditions at the site, of an unusual nature, differing materially from thase o�dinarily encountered and generaily 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 materiaify differ and cause a� increase or decrease in the cost of, or in the time required, for performance of the wark, an equitable adjustment shall be made and the Contract Documents shail be modified by a Change Order. Any claim of the Contractor for adjustment hereunder shaA not be allowed unless he has given the required written notice; provided that the Owner may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. GC-18. SUSPENSION OF THE WORK. TERMINATION AND DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that wark on the date so fixed. The Contractor wiil be allowed an increase in the contract price, an extension of the contract time, ar 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 �les a petition to take advantage of any debtar's act to reorganize under the bankruptcy or applicable laws or if he repeatedly fails to suppfy sufficient skilled workme� 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, regulatiorts 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 Contractar fai{s to make satisfaetory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Ov�mer may, without prejudice to any other right or remedy and after giving the Contractor a�d his Surety a minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shail 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 shatt 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 Clwner due the Contractor will not release the Contractor from compliance with the Contract Documents. 5. After ten (10) days from detivery 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. 8�Page _ AED-Morgan Road Pipe Replacement i r 8. If, through no act or fauk af the Cont��ctor, the wan�k is susper�ied ior a peMod at m�e than nin+ety (90) daya by tt� Owner or urx�r an order of cAUrt or otl�r publ�c �uthcxity of the Engineer fa�s to act on any reqwst tcx peyment witit�r thfrly (30) da�ys atter it is submftted or the Owner fails to pay the Contrac�or sulxtaMially the aum approved by the Engineer within thirty (30) days of its appra�ral and presentation, tt�n the Contt�ckor may after ten (10) days from delivery of a written notic:e tc� the Owner a� the E��eer, terminate the Cont��t end rec�ver fram the Owner payment for all work exeeute�l and � expertae� sust�lrted. In addition, and in lieu of terminat�g the Contrgct, # the Engineer has fe�etl to act on a roques! fw payment or ff the 4vvr�er has failed to make any peyment as afcuesaid, the Contr�cttx may, upon ten (10) days notiae to the Owner ar�i the E�ineef, stop the work until he h�s been paid s1{ amounts tt�an due, in which event and u�n resumption of tF� work, Change Orc�s ahall be issu�i fa• adjuatir�g the corrEract pnce or ext+�nding the corrtract time or both to compensata far the a�sta a�xi delays attributabl�e to the stop� of tt� wa�ic. 7. If the perfo�mance ot sli or any portivn of the work is suspended, dei�yed, or interrupted as a result of a failure of the Owner or the E�i�eer to act with+n t4�e time s�d in tF� Cor�tract Qocuments, or if no Nme ia speclf'�ed, within roa�cu�ak�le time, an adjustment in tt� cantr�t priCe or �n extvnsian of the corttract �me ar bath, shell be m�le by Change Order to compensate the Contractor for the costs and delalro neceasarily caused by the failure of the Orn� ar the Engin�r. t3C-19. PAYMENTS TO THE CON'TRA�TAR; 1. Between the first (1st) a� the fiRh (5th) af each manth, the Contract� witl submit to the Engineer a partial payment estim�te fNied out and sigr�d by the Contr�tar on an ap�oved fcrm cavering the work P�f�ed durin9 the Period cover'� by the partial payment estimate and suppw#ed by such data as the EngineaF inay reasonab�y requiro. If payment is raquested on the baafs of ineteri�s artd equipment not inc�porste�d in the worlt but delivered and suitab�y storod at or rusar the ske, the partial �yment estimsEte shell a4so be ac�mp�nied by such suppo�tting data, satfsfactcxy to the Owner, as will establish the Owner'a tit� to tt3e matesial a�x! equipment a�! pratect his interest therein, i�ludfng ap��ble insuranc�, The Er�tnee� wiN, within ten days afte� �ceipt of each partiai payment estimate, eitt� indicate in vvriting hia approval of payment and present the pa�tiai payment �timate t� the awner, or retum the part�l payment estimate to the Contr�cu ir�k�tinq in writing hls reast�ns fcu ref�sit� to ap�or►� payrneni. In tlte latter c,ase, the Cont�actor may make the necessary caroctior� �nd r�ubmit the pe�rtia{ psyment estimate. Tt� Qwn�r wi11, wlthin ten days o# preaent�tion to him of arn approved parti�l payment estimate, pay the Caritractar a�ogress payment on the baaia ot the approved partia) p�ynnent estimata. The Owmer shatl retain ten (4096) pen�e�nt of the amount af each paym�t unt� flnal completian and aicceptsrice of all wor�c covered by the Contract �ocuments. The Orw7er at any time, hawev�, after fifty (5096) percent ofi tF� w�c has been completeci, If he tnds that satisf�tory progress ia k�ing maKle, may reduce the retair�ed perc�ntaQe to flve (596y perc�nt an ttro cunent and remainl� eatimates. On c�m�etion and acx�ptarrx;e ot a p�t o# tt�e wtMic on which the �ioe ia stated sepeEratety in the Ccx�s�t DocumeMs, payment may be msde in full, induding rotai+�ed perc:entages, les� authorizad deductions, 2. The request for paym�t may also inciude an ai4owemce tvr the crost af auch major materials and equipmeM whfch aro su+tat�y stored arxJ insured efther at ar near the s�e. 3. All work co�r�ed by pertfal psyment ahall thereupon become the sole �operEy af the Owner, but this proviabrt shall not be con�trued aa relieving ttre CoMrachx of the sole respor�ibility for the csre ar�d protectian of the wcxic, mate�isl and equi�n�nt upon �ich payments h�ve been mad� or the restaration cyf any dama�ged work, a' as a wai�rer of tt� r�ht af the Clwner to require the fulfitlment of all terms af the Cotttract Docurnents. 4. Upon c�m�etion and auxapt�+�ce of the wo�k, the Enginee� shall Issue a certificate attached to the flnal pa�nent request that the wortc has been aaoeptaci by him under the carxiiticns of the Contrect Doc:uments. The entiro b�dar� found to be due the Con�tractor, including the retained �ntages shall be p�id to the Contr�, sxcept suct� surr►a as may be Iswfu4ly retain� by the Owner far savinfl ihe Owr�er or ti� C}wne�s �eMa I�ramnies�, fr�m a!I daims gfowing aat af the I�wful dern$nda of Subcontractors, taborers, wc�rlcmen, mech�ics, materi�i men and fumishers af machin�y and part� th�eot, equii�r►�nt, toois and sup�ies, incurred tn the furEh��nce of the p�form�rx� of the work. The Cont�ac�cx sh�i, at tt�e Qwnar�s rppuest, fumish s�tisfactory eviderroe that ali �lig�t�Ons of the na�ro �igr�ted abovs heve k�een �id, dlscha�d, ot waived. if tFtie Contr�ctar fs�s to do sa, the Owner mey, after hsving notified the Cantractor, either �y unpaid biHs or withhMd fram the Contractor's unpaid camp�ian a sum af money deeme�t reas�bly suff'�rtit to pay any and ali suc� larvfu) �laims untit satistactory evklence� �r�ed that ail liabiiities have been fully discharged AED-Morgan Road Pipe Replacement . whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Dacuments, but in no event shall the provisions of this sentence be construed to impose any obligations upon the �wner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made bythe Owner shall be considered as a payment made under the Contract tJocuments 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 paymen# 30 days after approval by the Engineer, in addition to other remedies available to the Contractor, there may be added to each such payment, interest at a maximum rate of 1°!o per month commencing on the first day after said payment is due and continuing until the Rayment 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 ckaims 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 re{ating to or arising out of this work. Any payment, however, final or otherwise, shal� not release the Cont�actor or his Sureties from any obligations under the Contract Documents or the Performance Band and Payment Bonds. GC-21. INSURANCE: 1. The Contractor shall purchase and maintain during the I�Fe 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 Subcontracto� or by anyone directly or indirectly employed by any of them o� by anyone for whose acts any of them may be liable. • 1.1 Claims under Workman's Compensation, disability bene�t 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 Gontractor 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 pr�ure and maintain, at his own expense, during the life of the Contract, {iability insurance as hereinafter specif'ied. 3.1 Contractor's General Public liability and Property Damage insurance including vehicle cove�age issued to the Contractor and protecting him from aN claims for personal injury, including death, and a{I claims for cfestruction of ar 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 Subcontracto� under him or anyone dir�ctly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limlt of liability of nat less than $200,000 fo� 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 $5QU,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 fess than $200,000 for all property damage sustained by any one person in a�y one accident; and a limit of liability of not less than $500,000 for any such damage sustained by twa or more persons in any one accicient. lO�Page AED-Morgan Road Pipe Replacement 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 sha{i in no way release the Contractor or Contractor's Surety from obligations under the Contract Documents to fully compiete the Project. 4. The Contractor shall procu�e 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 al4 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 Warkman'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 sha11 cause each Subcontractar to provide adequate and suitable insurance for the protection of his employees not otherwise protected. 5. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be pertormed. 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 shail cover not less than the losses due to fire, explosion, hail, lightening, vandalism, malicious mischief, wind, cot{apse, riot, aircraft and smoke during the contract time and until the work is accepted by the Owner. The policy shal! name as the insured the Contractor, the Engineer and tbe Owner. 6. The Contractor shall, within ten (10) days after the receipt of the Notice of Rward, furnish the Owner with a Certificate of Insurance confirming coverage in the amounts set forth above at a minimum. GC•22. CONTRA�T SECURITY: l. 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 pena! sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shal! be executed by the Contractor and a corparate 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 Depattment Circuiar Number 570. The expense of these bonds shall be borne by the Contractor. If at any tfine 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 sha{f be deemed due nor shall be made until the new Surety or Sureties shail have furnished an acceptable bond to the Owner. GC-23. ASSIGNMENTS: 1. Neither the Contractor nor the Owner shall seA, transfer, assign or otherwise dispose of the Contract or any portion the�eof, or his right, title or interest therein, or his obligations thereunder, without written consent of the other party. GC-24. IP�DENINIFICATION: 1. The Contractor will indemnify and hotd harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attarney's fees arising out of or resulting from the performance of the wark, provided that any such ctaim, 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 a� in part by any neg4igent or willful act or omission of the Contractor and Subcontractor, anyone directly or indirectiy employed by any of them or anyone for whose acts any of them may be liable. 11�Page AED-Morgan Road Pipe Replacement 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 an 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 obiigation 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 approvai of maps, drawings, opinions, reports, surveys, change orders, design or spec�ications. � 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 oppartunity 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 pramptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. 2. The Owner may pertorm additional work related to the Project by himself or he may let other contracts containing provisions similar to these. The Contractor wilf afford the other Contractors wfio are parties to such contracts (or the Owner, if he is performing the additional work himsel�, reasonable opportunfry for tMe introduction and storage of materials and equipment and the execution of the work and shalf properly connect and coordinate his work with theirs. 3. If the perFormance of additional work by other Contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the perFormance of such additional work by the Owner or others involves him in additional expense or entitles him to an extension of the contract time, he may make a claim therefor as provided in Sections GC-13 and GC-14. GC-26. SUBCONTRACTING: 1. The Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and af 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 provisrons to be inserted in all subcontraets 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 guality and acceptability of materials furnished and work performed. He shall interpret the intent af the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor wilM be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution of the work. Inspectians may be made at the factory or � fabrication plant or the source of material supply. 12�Page AED-Morgan Road Pipe Replacement 3. The Enginee� will not be responsible for the construction means, controls, techniquss, sequences, procedures, or construction safety. 4. The Engineer shaii promptly make decisions relative to interpretation of the Contract Documents. GC-28. LAND AND RIGHTS-OF-WAY: 1. The Owner shall provide the Contractor information which delineates and describes the land owmed and right-af-way acquired. 2. The Contractor shail provide at his own expense and without liability to the Owner any addifional land or building and access thereto that the Contractor may desire for temporary construction facilities, or for sto�age of materials. GC-29. GUARANTEE: 1. The contractor shaN provide a warranty on all work, materials and equipment incorporated into this project. The warranty pesiod sha11 not be less than one (1) year from the date of completion and shall cover parts and labor. GC-30. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the p{ace where the woric is performed. GC-31. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY: 1. Whenever the work embraced in this Contract is near the tracks, structures ar buildings of the Owner or of other railways, persons, or property, the work shall be so conducted as not to interfe�e with the movement of trains or other operations of the railway, or, if in any case such interference be necessary, the Contractor shalf not proceed until he has �rst obtained specific authority and directions therefore from the proper designated officer of the Owner and has the approval of the Engineer. GC-32. QRDER AND DISCIPLINE: 1. The Contractar shafl at ail times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disquali�ed for or ur�faithful to the work entrusted to him, shall be diseharged immediately on the request of the Engineer and he sha{I not again be employed on the wo�kout with the Engineer's written consent. GC-33. WARNING DEViCES AND 81GNS: 1. The Contractor shall furnish, erect, paint and maintain appropriate warning devices in and around the construction area. GC-34. SPECIAL RESTRICTION3: 1. Construction activities shall occur at times that wiil 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 narmal working hours. Any such aetivities 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. ALLQWANCES: - Not Uaed for this Project 13�Page AED-Morgan Road Pipe Replacement Augusta, GA En�ineerin� Department SUPPLEMENTAL �ENE�►AL CC)NDITIUNS MORGAN ROAD 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-Ofi. Erosion Contrai and Restoration of Property SGC-07. Safety and Health Reguiations SGC-08. Pre-Construction Conference SGC-49. Settlement of Disputes SGC-10. Open Records Act 1�Page AED-Morgan Road Pipe Replacement SECTION SGC SUPPLEMENTAL GENERAL CONDITIONS SGC-01. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT tTEMS: The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of design, equipment, material and labor comprising the tatal work inciuded 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 incompiete project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as �nal acceptance of any work or reiieve the Contractor from any of the requirements of the Contract Documents. SGC-03. CLEAN-UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the wo�k, prior to final acceptance of the comp{eted project by the Owner, he shall remove from the premises aN rubbish, surplus materials, impiements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. Periodic cleaning wiH be scheduled by a representative of the owner. 3GC-04. MAINTENANCE OF TRAFFIC �D OPERATI4NS: The Contractor shall provide adequate warning and proteotion for pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and wiil be held responsible for any damage caused by negligence on his part or by the improper placing af ar failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as pravided be{ow. The Contractor shatl not block traffic on any street more than 30 minutes or without written permissio� from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Shauld the Contractor fail to comply with the provisions of this paragraph, the Ow�er may, with his own forces, provide signs, flagmen, barricades andlor passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. Detours and traffic controls are to be reviewed by Traffic Engineering before implementation. SGC-05. �MAINTENANCE OF ACCESS: The Contractor will b� required to maintain access ta the estabiishment du�ing all times it is normally open for business. Bridges ac�oss open trenches and wo�k areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street interse�tians. It is recognized that it will be necessary to remove bridges and to block cross tra�c while equipment is in operation. The Co�tractor shail, however, plan and pursue his operations sa as ta minimize the time that direct entrance is blocked. SGC-06. EROSION C�NTROL AND RESTORATION OF PROPERTY: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion wifl be minimized during all phases of construction. This work should included protective measures in places before land disturbing activities begin in accordance with Federal, State and Local Ordinances covering soil erosion and sittation preventian. Any areas disturbed du�ing the course of construction shall be restored to a condition equal or better than the o�iginal condition. 2�Page AED-Morgan Road Pipe Reptacement SGC-07 SAFETY AND HEALTH REGULATIONS• T'he Contractor shall comply with the Department of Labor Safety and Health Regulations for consiruction promulgated under the Occupational, Health and Safety Act of 1970 (PL31-596) and Under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). SGC-08. PRE-CONSTRUCTION CONFERENCE: A pre-construction conference may be held at an acceptabie time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contraet Documents. SGC — 09. CONTRACT DISPUTES This Ageement shall l�; deemed to have been executed in Augusta, Georgia, and all questions af interpretation and construction shall be governed by the Laws of the State of Georgia. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, 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. SGC-10. 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 a11 records, not exempt, available for inspection and copying as required by law. SPECIAL CONDITIONS SC-Ol. LICENSE: The successful bidder shall have a current Business license during the term of this contract. The license shall be purchased from the Business license and Enforcement Department. SC-02. COORDINATION OF WORK: The Contractor shall coordinate his work with the Traffic Engineering Section of the Augusta Engineering Department and the Richmond County Sheriffs Department as required for traffic control. All construction shall be in accordance with the contract documents and applicable codes and regulations. SC-03. OPERATION AND 5TORAGE AREAS: The nature of this project dces not provide for secure stora�e 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 final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish and surplus materials to the satisfaction of the Engineer. 3�Page AED-Morgan Road Pipe Replacement � Augusta, GA Engineering Department coNTRA T � C �R S STATE M E NTS MORGAN ROAD PIPE REPLACEMENT PROjECT NUMBER N/A � G E� O R G I A Attachment B Listed below is a consolidated iisting of the Statement of Non-Discrimination, Non-Co4(usion Affidavit of Prime Bidder/Offeror, Confiict of Interest and Contractor Affidavit and Agreement Please cornplete, date, natarize and retum pages 1-3 of Attachment B with your submlttal. Statement of Non•Discrimination The undersigned understands that it is the policy of Augusta-Richmond County to promote full and equal business opportunity for ail persons doing business with Augusta-Richmond County. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of {ocal small businesses on the bid or contract awarded by Augusta- Richmond County. The undersigned further covenants that we have comp{eted trutMfully and fully the required forms regar�ling good faith efforts and iocaf smaU 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 s+gnature 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 bus�ness with this Company; That this promise of non-discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporatsd 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 fo�th herein shalt constitute a material breach of contract entitling the City of Augusta to declare the contract in d�fault and to exercise any and all applicable rights �emedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and o� forfe'rture of compensation due and owing on a cantract. Attachrnent B- Page 2 of 3 Non-Collusion of Prime Bidder/Offeror By submission of a bid, the vendor certifies, under penalty af perjury, that to the best of its knowledge and belief: (a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of rest�icting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) l�nless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectfy, to any other vsndor or to any competitor. (c) No attempt has been made, or will be made, by the vendor ta 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 sha�1 be reported to the State of Georgia Attorney General and the United States Justice Depa�tment. Conflict Qf Interest By submission of a bid, the responding firm certi�es, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Confiict of Inte�est in performing the services required by this 1TB, and 2. That no employee of the County, nor any member thereof, not any public agency or official affeated by this ITB, has any pecuniary interest in the business of the responding firm o� his sub- consultant(s) has any interest that would conflict in any manner or degree with the pe►formance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: _ (a) The prices in the bid have been arrived at independently without collusion, consuitation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. . c) Na 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 p�ice, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. Attachment B- Page 3 of 3 Contractor Affidavit and Aareement By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10- 91, stating affi�matively that the individual, firm, or corporation which is contracting with Augusta Richmond Caunty Board of Commissioners has registered with ar►d is partic+pating in a federai work authorization program* [any of the electronic verification of worlc authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program ope�ated by the United States Department of Homeland Security to verify infornnation of newfy hired empioyees, pursuant to the Immigration Reform and Control Act af 1986 (IRCA), P.L. 99-603j, in accordance with the applicability provisions and deadlines established in O.C.G.A 13-1Q-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connectios� with the physica{ pertormance of services pursuant to this cantract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A 13-10-91 on the Subcontractar A�davit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Cammissioners at the time the subcontractor{s) is retained to perform such service. Georgta Law requires your company to have an E-Vertfy"User ldentiftcation Number on ar after July 1, 2005. For additional info�mation visit the State of Georgia website: � https:/!e-verifv.uscis.qov/enr�fl/ and/or htt�://www.dol state aa us/�df/rutes/300 10 1 ndf Z z�r.�o ,G E-Verify * User ldentif�cation Number The undersigned further agrees to submit a notarized copy of Attachment 6 and any required documentation noted as part of the Augusta" Richmond County Board of Commissions speci�cations which govern this process. ln addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. I, further understand that my submittal will be deemed nan-compliant if any part of this process is violated. ��c►��i �Orr 3� ir� � y ,�C , Company Name BY: Authorized Officer or Agen (Contractor Signature) Y/ GC � �� Title of Authorized Officer or Agent of Contractor ��i��e�•-.� /` "1 , �.vTir+.r. r �"� , Printed Name of Authorized Officer or Agent � SUBSCRIBED AND SWORN BEFORE ME ON THIS THE �" DAY OF -���'�--��-r ,�0 // � �����' `� NOTARY SEAL Notary Public My Commission Expires: NOTARY PUgLIC � Please complete, da , notari��(� �v�aages 1- of Attachment t3 with your submittal CTATe �� ..__ _ _ /�' ''i�l�� G E� O R G I A _ BIDDER'S FORMIACKNOWLEDGEMENT QF ADDENDA City of Augusta Procurement Department 530 Greene Street, Suite 605 Business Locatians: (Check One) Augusta, Georgia 30901 Augusta Richmond County ATTN: Procurement Director �Other Name of Bidder. /,���'r Gw�s�r�G-�i�>-� �c_ , Street Address: ��� �� X 7 � a City, State, Zip Code: ���'°'Si �� �°� � �' / Phone: 7 86S"l9S'o Fax: �a� �ro� /SS5' Email: �i%��.�-, ����.': �... s City License Requirement: Contractor must be licensed in the State af Georgia or by the Gavernmental entity for where they do the majority of their business. For further information contact Rober# Sherman of the License and Inspection Department @ 706 312-5162. Do You Have A Business License? Yes: � No: Licensed By What Stste. Citv 8 Cguntv Business License #: �d' ��" Fed Tax Id #: S� -'" //CoG� t.> > S"` Acknowledgement of Addendurr�: Check and Initial the appropriate box: Addenda 1 v initial l�iQ� Addenda 5 Initial Addenda 2 lnitial Addenda 6 Initial Addenda 3 Initial Addenda 7 initial Addenda 4 Initial Addenda 8 lnitial THE UNDERSIGNED PROPOSES TO FURNISH THE FOLLOWING ITEMS IN STRICT CONFGRMA�ICE TO THE BID/RFP/RFQ SPECIFICA710NS AND BID/RFPIRFQ )NVtTATION tSSUEC7 BY YHE Cf"��Y OF AUGUSTA FOR THlS BIDIRFPlRFQ ANY EXCEPTIONS ARE CLEARLY MARKED IN THE ATTACN�L COPY OF BID/RFPlRFQ SPECIFICAT'IONS: Signature: � Date; � z � �� THIS FORl1'1 MUST BE C011�PLETED AND SUBA'IITTED VVITH I'OUR SUBMITTAL De�v 11 /'12/A� ,����. c���� i,r;»rwi ��dir l,cnSiruCt on N��.��555 p. 2 MHK—GG"Ebl 1 1 b�.S� HKC F'llKCh1H5 ! Nl� P, 03 r � � -�� 0 �''O� R,G���1'A STATE OF G�ORGIA - COUNTY OF RICHMONp 91D/RFPJRFQ# ��' �� SUBCONTRACTOR AFFIDAVIT By execufing thla e�davlt, the undersigned subconiractorverifies its compllence witFt O.C,G.A.13-10-91, ateting atflrmstivety that the individuai, firm, or corporatton which !s engaged in the phy5ical pecformance of servicea under e r�nh8ct wlth 8.�..� ���.,<.��f��� an behaff of AuBuste Richmond County Bo�rd of Commissianers has reoisteret! with and i� perticipating in a federal work autholizetion prQgram' [any af the electtonic verification of work authoriz,ation programs operated by the United States Department of Hameland Security o� any equivalent federal work authorization program aperatad by the United States Department of Hamela�d Security to verify information of newiy hired employees, pursuant to the lmmlgratlon Reform and Coniroi Act of 1986 ((RCA), P.L, 99-803J, fn accordance wlth the applicabi{ity provisiona ar►d deadlines established in p. C, G. A 13-10-91. E-Verify = lJser ldent�cetlon Number � �"'" Company Name . � � s � - , �o �� 6Ga� ,�. c. o�- .// � BY: Aulharized Of�cer or Agent —`� de �/f�° � (Contractor Sip� �ure) �/e°s i� y`�— Title ot Authorized O�cer or Agent oi Contrector Oeerpl� Law roqulras your contipanyto hevs an E-VerltY'Usei Ide►+tificttlon Nun►ber on o� aEte► Ju{y Printed Name of Autho�ited Officor or Agent �. 2009. SUBSCRIBED AND SWORN BEFORE ME ON THIS THE For additional information State of Gearg,»t h�Mn�vw.d�l, atate,qa,usledfirulesl300 10 1.ndf ��' DAY OF /�.a..�oh . 2p // https://e-veriiv.usci$.aov/snr�l►/ __.._ . ��� �� NotBry Pubtic My Commf on xplres: p�TRlCK SC4'fT DILI,ARD � � 2 " NOTARY 3EAl suwcE courv�rv M r� STATE OF GEORGlA If thero are no tubcontre i executed (writs NIA, alqn, date �nd notariie). Note: The successfu/ vendorw�ll submetlhe above form to ehe Procurrmen! Dep�rtm��rt no tst�than fiv9 (5) days affer rereiving the "�etter of�q�endat�on" (Vendora lettsr w/l/ denote the date torms are to be recelved) �����`` C, O T j'��. �� � o ��� RtY. tlOW10 `� ': � � R y' � � i4� �+ :b „� , . . „���, tw, tv�� �u;» �i�,ir Ccnstrutt on No.9555 p� 3 t'h�+rc-cr 1 1 b� s� r�e� rtm�ra�5 i rvu P. 04 � , ', ' '�i��.'r►a[-- 0 E' •Q� `It��;;d'�'.���� A In *ccorOBnce wilh the Laws of Georg;a, the icilowin8 affidavit is requirad by etl v�ndor5 NON-COLLUSiON AFFfDAYiT' OF �UBCt3NTRACTQR � �� Certify that this bid or praposal is made witriout p�i0� under�tdt�ding, agreement ct nectlon wlth any corporatlon, �rm Of persan submitting a bid fnr the same w0�k, labor ar se►vice !o f� done or ihe supplies, meterials or equipment to be turnlehed and I� ln all roapects teir and without cvltusion or fraud. I underst�nd ccllus�ve bldding la a vlolation a1 staiv and fed�ral law and can resu�t in f;nes, prlso� g �ntsnces and civil darnagai evrrards. { agie8 fo ablde by el! ccnditions af thts bid or proposal �nd cettify thet I am eUthorized to slpn ihf� bld or propos�l for the bidder. Affiant further s lhat pur�uant lo O.C.G.A, Sectlon 38-91-21 (C) and (e), .�,_ ,� has not, by itaeff or with othere, dt�ett�y or indlrect{y, prevented or a mpted to p�eve�t wmnetft{on In auch bfdding or proposals by any meahs whatsoever, Affientfurther states that (s)he has not pteventcd or endeavcred to prevent anyone f�om maklrlg a b4d o� offsr on ihe �oject by any mesns whatever, no� haa Afflsnt caussd or induCed s�her to wlthdraw a b1d or offer for the work. Atflant fuMher states that the said ofter of -__`-�--� !a bona fide, and that no one has gone to any auppli�r and �1lsmptad to ge1 such person o► company to Furnish the maRerlels to 1he b}dde► only, or if fumished tv ar�y other bidder, thal the melerial shall be at a hi�her ptfca, . . - I�.��.�P� �'� ' � Signature of Authorfzed Comp�ny Reprieent�tivs �esid�.� .. Tikle � Sworn to end subscrlbed betore me this � day of �� �� . 2�// — ,� ��-�vl�” � U.,GIi�-L... Notary S(�natu�e PATRICK SCOTT DILLARD NOURY PUBUC NOtery PUbllc: �.r!'/ro,� S�� d BURKE COUNTY ^ � °�� (Print Name) STATE OF GEORGU� Mr Comm�pbn Exy�in�s 7, 20t2 County: ����- Cammisslon Expirea; � 7 L NOTARY'SEAL lf thete ar� no subcont�ting oppoRunitles the form must be exectited (wnt@ NIA, sipn, dat�, and notarise ). Nots: Tho su�cc�esfulvendorwill sabnr ���.� o ihe Procurement Depanmant no IsN�than hve (S) days aR'er rec�iving the "Let�s •R ' n�i�;on" (VQndar't /eft�� w!!/ denote the date fernrs ar+e ta ba ro�olvad) :�: �p���y _ Ror. 1/06/1 D = 4; f""" �', : � :��'•. P � e l\G r�rQ � � 0 a � � � g� 0 J . � N \ � � � � � m � .... .. . . __.__ . .. . ... .� . . ... . ...._... . .. ..... ..... ... . .. _...._ _. . . _ . ... w . . . . H _ � y � � m � � _ � � �g � � yl � � C � ���� ^ �� o-� �� � � � d , � a•o � � Z g � N � . � �o��� n � �m �� �� � � �o . d�� » �� y �� � �� W 4 � � � � �H� � � d v d m � � �o \�, � � , m � a�i .� O o � �u � ►� t'� � � �����' � m �1 � $Y � � �� ���� z a� a �� � � � o � � � � � .., d E Jm� �u�ti= J� � � �€ �� Z� ���N�� \ M� � u E a» � � $y 8� `o��mJ' � � CrC o 4 - b � �W �� ,O � �c _� �� r oa b o_ u S�ua.��:' U � '�'°' s� , f� 9 � I �. ,_ = a i�o�'�� ` �' � � ��.9�� , l 1 �� ° � � � v � C 4 ~ — o � ��� � �� � � ,� � � � � �� � ��� �. �e b n � , � � � m� �� �, � c �� � �� ` �� � �' � . � �. � � � � � � � cd � � m � � � � r � ,� � � � o a �' ` � �� � � gm ' � d = t1 V � � . . _ . . _. ... . � � C .Q . .... . . . . . . .. . � . . . 9 " Y,i V o � ` � a �'� � > ` � ` � C N � � — !i � c 0 � � � � . a � � � A � � � a 1p c �a� � � � � � � �� � J�� , � 'C� oz . �-� � � �� �� � °� •�� �� O~ � Q � c � A �p e�.o � � O �5 c �i�� � @ � .�� �� � �� � � a� � ° c a a � � o � c �� � � � �� � O (� � J� '� � A � �iS � � \ � � � � � � ..I 9 .. � � •. ��... �' g g �t1 a o d.`o. ' � O$ � � 0. ` o� °'� - �m � � E� �a. ° z� � � r !�� �'� 0 a° �n � o � �.' " o �� � �� � � �� �� � 4 � � � � y 3 ,� v p as � � Z � � � � C � � Y 0 � � �'� � Q � _" � a � � � ��� � �� � � � � .� o� _ � � ��� � �� 4 � ' o � y r0 b b � e � � E� �� e � a Z' m � � s � � � � �� � � � � �` � � 'v��i z � BID BOND KNOW ALL BY THESE PRESENTS, That we, B/air Construction, inc., PO Box 770, Evans, Georqia 30809 of (hereinafter called the Principal), as Principal, and Westem Suretl+ Compan (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%ofBidi4mount--------------------------------------- ---------------------------------------------------- Dollars($ 10%ofBidAmount � for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBUGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Morgan Road Pipe Replacement NOW, THEREFORE, If the said Contraet 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 surery acceptable to the Obligee for the faithFul performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 24th day of FebruaN , 2011 - B/a/r Construction, Inc., PO �ox 770, Evans, Georgia 30809 (Seal) / � ' �'"`"`"'— — �- rincipal Witness + � �� `��f�� „- Title , Western Surery Cor»pany ,� _ Witness By ���� � ��' Buck Leigh Attorney-in-Fact S-0053/GEEF 10/99 � �'��t�rn Sure �om �.Y p�►nY POWER OF ATTORNEY APPOINTING INDMDUAL ATTORI�tEY-IN-FACT Kaow AII Meo By TYe:e Yr�eenb, Thet WESTERN SURETY COMPANY, a SwNh Dakota corporation, is a duly organized and existing carporation having its principal office in the City of Sioux Feti9, and State of Sputh Dadcota, and that it docs by virtue of du signaWre anai seal henin et�ixed her�by make, constitute and appoinf Buck Leigh, Individually of Columbia, SC, its true aad lawful Attom�y(s}in-Fact with fWl power and �►d�ority heneby conferied to sign, seal m�d eaaxute for and on its bdulf bonds, undortalcings and other obligetory insttume�s of similsr nadm - In Unlimited Amounts - and W biad it thereby as tWly end to du same extent as if such inswments wcro signed by a�ly wthoriud ot6xr of the corporatim and ail Nu`acts of said Atwmry, pivauant to tt�c �ity hereby given, are henby ratified snd confirmed. This Power of Attomry is made and e�cecuted pursuant w�td bysudarity of the By-Law priaud on t!u eeverse �w� duly adopted, as i�icaled, by the shareholders ofthe corporgia�. In Witoaa Wbereof, WESTERN SURETY COMPANY has cwsed these presents to be si�ed by its Satior Vicx Preaicknt md its ecxpontc seal w be hereto at�ixed on this 7th day of luly, 2010. � WESTERN SURETY COMPANY ��a '� a��� Paul . Hru9at, Senior Vie:e Presidait State af South Dakota 1 � ` Cowtty of Mimuhaha j pn this �d� day of July, 2010, befon me pessoiwlly came Paul T. Bruaat, to me known, who, being by me duly sworn, did depoae a� sey: that he rosides in d�e City of Sioux Falls, State af South Dakata; ds� lu is the Senic►r Vicx Pteside� of WESTERN SURETY COMPANY deseribed in � which executed Uu above instrwnenfi d�t he knaws the sed of sud cvtporatia►; th� ttx sca! affixed to the ssid instrument is such c�por�e seal; th� it was so affixed pursuant to euthoritY Biven by the Board of Direckors of said cotporstion and that t�e sigued his n�u thereto pursu�t to like autl►oriry, �d acknowledges same to be Au act amd dad of said oocpor�ioa. �VIy COR11�113810D CXQIfCS ���r�wM.r�+.�.l�ti�w..�ti � � D. KRELL i Novomber 3Q 2012 �� ��C� f � SOUTti WiKOTA r� ♦rti�htititi�lN�tirtitib�MMr � D. ICrell, N Public CERTIFICATE 1, L. Nelson, Assistm�t Secretary of VYESTERN SURETY COMPANY do hereby certify th� the Power of Attotney heneinabove set forth is still in force, and further certify that tha By-Law of the corpor�ion printed on tl�e reverse hereof is still in force. In testimony whereof i havc bereunto subscribed my namc ard affixed tlx sea! of the anid corporetion this 24131 day of r"�.Y �11 y'"`^' WESTERN SURETY COMPANY �w� ae�.� � L. Nelson, Assistd►t Seccetary Fam F42i0-09-Ob Bond No. 586 76238 PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. document No. A-311 KNOW ALL BY THESE PRESENTS: that Blair Construction, /nc., 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, Chicago, 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., R00171 605 Augusta, GA 30911 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Forty Six Thousand Nine Hundred and 00/100 ----------------- -------------------------------------------------------------� Dollars(� 46,900.00 �). for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firtnly by these presents. WHEREAS, Contractor has by written agreement dated , , entered into a contract with Owner for Morgan Road Pipe Replacement, 3553 Morgan Road, Augusta, GA Remove and Replace 360 Of 60" 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-1219/GEEF 10/99 Page 1 of 2 PERFORMANCE BOND 586 76238 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or 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 Surery 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 Contractar under the Contract and any amendments 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 right 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 ar 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 , . ��� � Blair Construction, Inc., PO Box 77�,�Ewans, ��:�� ' 7 � ���z--- Georgia 30809 � (Se;al; � ( W itness) . � � (Prirci�al� � . . � ��--� ��cl'�,.� �.�-s�����4 �T�t�e> Western Surety Company, CNA Plaza, Chicago, Gi-� ..P� : � Illinois 60685 (Seal) (Witness) � (Surety) , Buck Leigh, Attorney-i act ('ritlej 5-1219/GEEF 10/99 Page 2 of 2 LABOR AND MATERIAL PAYMENT BOND Bond No 586 76238 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., ROOtlI 605, AUgUStB, 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 Forty Six Thousand NineHundredand00/100 ------------------------------------------ Dollars($ 46,900.00 �). for the payment whereof Principal and Surery bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , , entered into a contract with Owner for Morgan Road Pipe Replacement, 3553 Morgan Road, Augusta, GA Remove and Replace 360 Of 60" 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. 5-1220/GEEF 10/99 Page 1 of 2 LABOR AND MATERIAL PAYMENT BOND 586 76238 NOW, THEREFORE, THE CONDITiON OF "IHIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the perfarmance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however. to the following conditions: � l. A claimant is defined as one havine a direct contract with the were furnished, or for whom the work or labor was done or performed. Principal or with a Subcontractor of Yhe 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 i�� the performance of� the certified mail, postage prepaid, in an envelope addressed to the Principal, Contract, labor and material being construed to include thaC 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 afaresaid project is located, save that such service need not be made by a public officer. 2. The above named Principal and Suretv hereby jointly and severally agree with the Owner that every claimant as herein defined, who b) After the expiration of one (1) year following the date on which Principal has not been paid in full before the expiration of a period of ninety (90) � ceased Wark 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 final be equal to the minimum period of limitation permitted by such law. judgment for such sum or sums as may be justl�� due claimant, and have execution thereon. The Owner shall not be liablc (or the payment of any costs or expenses of any such suit. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part 3. No suit or action shall be commenced hereunder by any claimant: thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to an}� t�vo of the following: 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 or performed the last of the work or labor, or payment by Surety of inechanics' liens which may be filed of recard against furnished the last of the materials for which said claim is made, stating said improvement, whether or not daim for the amount of such lien be with substantial accuracy the amount claimed �ind the name of the party to presented under and against this bond. whom the materials Signed and sealed this day of , � � � � ` , � . " ��� �'��� � Blair Construction, Inc., PO Box 7�0., Evan� : �� Georgia 30809 , (Se�1) (Witness) � � � -� : � (��rin�?pal) - . . ��.���R. � `�/���s;�-�re �T�tie> f __ � Western Surety Company, CNA Plaza, Chicago, ,�� � Illinois 60685 ;Seal) � � (Witness) � (SuretY) 4 Buck Leigh, Attorne n-Fact �(Title) S-122o/GEEF 10/99 Page 2 of 2 s� � ur� �ar�pan y FOi�V�R �' :. �'�'ORNEY �.�POIIltTING IN1LlI�I1DUAL .�TTOI3.1�1EY-IN-�ACT fiCnow All 1l�Ien By These Pret�� :€ ;"� hat WESTERN SURETY COM�ANY, a South Dakota corporaCiQn, is a duly organi2ed and existing corporation having its pnncipal office in the City �_�:�� `���:,ux Faps,� and State of South Dakota, and rhat it �oes by viRue of the signature and seal herein affixed hereby make, constitute and appoint `I'ho��s M Albus, ����;°��;-. ��e�gh, Indie�c�ually of Columbia, SC, its Crue and Iawful At-:-�;�;�:y(s)-in-Pact with full power and autl�oriry hereby conferred to sign, seal� and� execute for and on its behalf bonds, undertakin�s and other obligatory inst:-�� ���rrs of similar nature - �n iJ�al�nnited Amo�nts - and to bind it thereby as fully and to cl _xtent as if such ins[ruments were signed by a duly auCharized officer of the corporation and all the acts of said Attorney, pursuant to the authoriry h�re.l-� _.i,�cn, are hereby.ratified and confirmed. This Power of Attomey is made ar. .�cc cuted pursuant to and by authority of the By-I�aw printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In !'Nitness Whereof, WESTER� :_'Ri�TY COMPANX has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereCO affixed on this 8th day of.ian�� �; �_"'010. ,�;�uREPp�, WESTERN SURETY COMPANY � ` ,�er 4 �,��: ....,,. ;SQ .:. Ha°'.�� 4POR,q '�t sw:g l 'qw�ys ;2 ��!, ��. ���pei oAM°,e, "^�.�,,,�,a� Paul . Bruflat, Senior Vice President State of South Dakota 1 T ss Counry of Minnehaha � On Chis Sth day of Ianuary, 2�1�, !°��� a�� ������ Fne pecsonally came Fau1 T. Bruflat, to n�e known, who, being by me duly swom, did depose and say� that he resides ir� the City of Sioux Ralls, State :�' ��:��h Dakota; tha[ he is tl�e Senior Vice President oP WESTERN SURETY COMPANY described in and which executed the above instn�ment; that hc `> :--r � the seaf of said corporation; that the seal affaxed to Che said instrument ]s such corporate seal; thaY it was so affixed pursuant to authoriry given by �� ' E�oard of Direcrors of said corporation and that he signed his �iame thereto pursuant to like authoriry, and acknowledges same to be the act and det �_s ��-;� said corporation. My commission expires ''''"''"tt D. l�REL.L � November 30, 2012 y�A� NCYPARY Pl9BLIC � �� ; �.. SOU7'M DAECQI'!e r . ......... $ D. Krell, No ary Public CERTiFIC'ATE I, L. Neison, Assistant Secretary o; `%: i ST�RN SLIRL'fY COMPANY do l�ereby certify thaC the Power of Attomey hereinabove set farth is stiii i» force, and further certify that the By-Lar ��! .;;; corporatio�� pri�ted on the reverse hereof is sCili in foroe. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said r;�tio� this .� _,._ day of , r++'13`�yREAy�.,,, WESTERN SURETY�- COMPANY �- 5�++�Q.�ppP ffo;p �N: 2 �r.3�►��SEA°a"' %�� � . , y ,r ..,. g,,. y �+, ° ��rer oA��*` �mw.w L. Nelson, Assista�u Secretary Form F4280-09-06 . ACORL� CERTIFIGATE OF LIABILITY INSURANCE DATE(MM/DDM/YY) 03/18/2011 PRODUC6R 770, 246.8300 FAX 770.246. 8301 THIS CERTIFICATE IS ISSUED A5A MATTER OF INFORMATION Sutter, McLellan & Gilbreath, Inc. ONLYAND CONFERS NO RIGHTS UPON THE CERTfFfCATE 1424 North Brown Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND aR ALTER THE COVERAGE AFFORDED BY THE POUClES BELOW. Suite 300 Lawrencevil le, GA 30043-8107 INSURERS AFFORDING COVERAGE NAIC # r�su�n Blair Construction, Inc. ir�su�Rn: National Trust Insurance Southern Asphalt, LLC iNSUReRS: FCCI Insurance Co. Evans Paving and Grading, LLC wsu�Re: Hanover Insurance �o. 22292 P. O. BOX 77O INSU�R D: Ev n s, GA 30809 INSURER E: COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUEQ TO THE INSURED NAMED ABOVE FOR THE POLICY PER10D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COiJDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED QR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUB.JECT TO ALL THE TERMS, EXCLUSIONS ANQ CONDITIONS OF SUCH POLICIES. AGGREGATE UMi7S SiiOWld MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN DD P IICY EFFELTIVE P01.1 Y EXPIRA 1 N �� � TYPE OF INSURANCE POLICY NUMBER 7 DAtE MM1D0 UMITS GENERAI LMBtLITY CPPOOO4�7E1 6 02/14/2011 02/14J2012 EACH OGC41RRfNCE $ 1� QQQ � Q� X COMMERCML GENERAL LIABILRY PREMiSES Ea occurrence $ lOO , OQ CIAIMS MADE � OCCUR MED EXP (My one person) $ S� OO A Pol l ut i on Ll a�1 � 1 t PERSQNAL 8 ADV IN.IURY s 1, 000 , 00 GENERAL AGGREGATE S 2� OOO � OO C�N'L AGGREGd1TE L1MIT APPLIES �R: PRODUCTS -COMP/OP AGG S Z� OOO, OE} POLICY X J�ECT LOC AUTOMOBILEWB�ITY CA 0005458 6 02�14�Zfl11 OZ�I4�ZO12 COMBINEDSINGL.ElIM1T X ANY qUTO (Ea accident) g 1������� ALL OWNED AUTOS BODILY INJURY SCHEDUIED AUTOS (Per person) $ A X HIRED AUTOS BODIIY INJURY $ X �N•OWNED AUTOS (Per accident) PROPERTY DAMAGE s (Per accitlent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN �` � $ AUTO ONIY: A�, 5 excess � ums�te�.0 �u�eiuTr UM60002841 6 02/14/2011 02/14/2012 EACH OCCURRENCE s 5, 000, 00 X OCCUR � CLAIMS MADE AGGREGATE $ S� OOO � OO B s DEDUCTIBLE $ X �rENiioN $ lO , OO $ WORKERSCObIPE��NSATKNJ O10-WC11A-54981 02/14/2011 02/14/2012 X AND EMPLOVERS UABILITY TORY LIMiTS ER A��c �� � OFFICERS INCLUDED E.L EACH ACCIDENT s 1 000 00 (aandawry �n NH� lJ ffyes descnbe untl� E.L. DISEASE - EA EMPLOYE 3 1, OQQ, � SPECUIL PROVISIONS below E.L. DiSEASE - POLfCY LIMIT $ ], OOO OO e ased and Rented IHA4999540-02 02/14/20i1 02/14/2012 5310,OQ0 any one item � ujpment $500,000 policy limit DESCRIPTION � OPERATI�IS I LOCATIONg / VEHICLES / EXCUt�OMS ADDED BY ENDORSEMENT! SPECiAL PROVISWNS roj: Morgan Road Pipe Replacement. Contract amount: $46,900.00 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATIOH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MA1L 1O DAYS WRITTEN NOTICE TO THE CERTIFIGATE HOLDER NAMHO TO THE LEFT, BUT FAtLUltE TO DO SO SHA1l. IMPOSE NO OBLIGATION OR LIABILRY OF ANY KINO UPON THE INSURER, RS AGENTS � Augusta GA Commission REPRESENTATIVfS. ROOtII 605 , Mun i c i pal - Bu i 1 di ng AUTHORIZED REPRE$ENTATiVf ,� Au usta, GA 30911 Mark Ja nes CSP/LINDAM ��� `� ACORD 25 (2009101) OO 1988-2009 ACQRD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ---�--�- . _. . IMPORTANT If the certificate hoider is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate d�s not confer rights to the ce�tificate holdsr in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endoesement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Ce►ti�cate of lnsurance does not constitute a contract between the issuing insurer(s), authonzed representative or producer, and the certi�icate holder, nor does it affirmatively or rtegatively amend, extend or alter the coverage affcxded by the policies listed thereo�. ACORD 25 (2009I01)