HomeMy WebLinkAboutDRY BONE DRY ROOFING REPLACEMENT AUGUSTA MUSEUM OF HISTORY ROOF t '
EXHIBIT II
Museum of History Roof Replacement
Bid Item #11- 125
INDEX TO CONTRACT
Section Title Paqe
NA Notice of Award 2
A Agreement 3-4
PB Performance Bond 5-6
LMPB Labor & Material Payment Bond 7-8
COA Certificate of Owner's Attomey 9
NP Notice to Proceed 10
GC General Conditions 11-25
SGC Supplemental General Conditions 26-28
SC Special Conditions 28
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SECTION NA
NOTlCE OF AWARD
TO: Bone Dry Roofing
3066 Damascus Road, Suite 6
Augusta, GA 30909
PROJECT DESCRIPTION: Museum of History Roof Replacement
The Owner has considered the BID submitted by you for the PROJECT named above in response to its Bid Itern
# 11-125 due on May 19, 2011 at 3:00 PM.
You are hereby notified that your BID (Including Alternate One (1)) has been accepted in the amount of Two
hundred sixty-eight thousand three hundred twenty-five and no/100 Dolla�s ($268,325.00).
You are to execute the AGREEMENT (Section A) within Ten (10) calendar days from the date of this Notice to
you. Furthermore, the Owner has elected to require a ConVactor's Performance Bond (Section PB) and a Labor
and Materials Payment Bond (Section LMPB). The price of said bonds is included in the contract amount stated
above.
If you fail to execute said Agreement and to fumish said Bonds within Ten (10) working days from the date of this
Notice, said OWNER will be entitled to consider ali your rights arising out of the OWNER'S acceptance of your
PROPOSAL as abandoned and as a forfeiture of your Bid Bond. The OW NER will be entitied to such other rights
as may be granted by law.
Shop drawings and other submittals are due within fifteen (15) calendar days of the issuance of this Notice of
Award.
You are required to retum an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this 8"' day of July, 2011.
1
BY: � , �
1 'i,
Richard M. Acree, Jr.
Facilities Manager
Recreation Parks and Facilities Department
ACCEPTANCE Q1���NOTICE � �
Receipt of the �bove N� T E OF WARD is hereby acknowledged on this ( Z day of CIi,�-�-1 ,�.
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BY:
TITLE: ��(t�Sl l.� �P j� �
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AGREEMENT
THIS AGREEMENT, made this 8th day of July , 2011 by and between Augusta
Georgia, a political subdivision of the State of Georgia, hereinafter calted "Owner" and Bone
Drv Roofing doing business as a corporation hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements as hereinafter
mentioned the sufficiency which is hereby acknowledged, the parties agree to as follows:
1. The Contractor will commence construction of the Museum of History Roof
Replacement.
2. The Contractor shall provide all labor, material, parts, engineering, licensing and
certifications required by any applicable regulation. Furthermore, the Contractor will
furnish all drawings, product data, material, supplies, tools, equipment, labor, traffic
control and other services necessary for the construction and completion of the project
described herein.
3. The Contractor will commence the work required by the Contract Documents within
Thirty (30) calendar days after the date of the Notice of Award and will complete the
work not more than _One Hundred eiQhtv (180) unless the period of completion
is extended otherwise in accordance with the terms of this agreement.
4. The Contractor agrees to perform all the work described in the Contract Documents for
the sum of Two hundred sixtv-eight thousand three hundred twenty-five and no/100
Dollars ($268,325.00).
5. The term "Contract Documents" means and includes the following:
Advertisement for Bids Request for Bids #11-125 Bid
Bid Bond Notice of Award Agreement
Performance/Payment Bonds Certificate of Owner's Attomey Notice to Proceed
Change Order General Conditions Plans
Supplemental General Conditions Special Conditions Technical Specifications
Addendum No. 1 , dated Mav 4, 2011
Addendum No. , dated
6. The Owner will pay to the Contractor in the manner and at such times as set forth in
the General Conditions such amounts as required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their
duly authorized officials, this Agreement in Five (5) counterparts, each of which shall be
deemed an original on the date first above written.
3
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OWNER AUGUSTA, GEORGIA ATTEST:
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NAME: C�i� Cb l..l, I�� � NAME: � i��tn; ,t-�-r2 �cc• � i-F�n-
(Type or Print) (Type or Print)
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4
ECTION GC
GENERAL CONDITIONS
INDEX TO ARTICLES OF GENERAL CONDITIONS
Section Paqe
GC-01 Definitions 12
GC-02 Additional Instructions and Detail Drawings 13
GC-03 Schedules, Reports and Records 14
GC-04 Drawings and Specifications 13
GC-05 Shop Drawings 14
GC-06 Materials, Services and Facilities 14
GC-07 Inspection and Testing 15
GC-08 Substitutions 15
GC-09 Patents 16
GC-10 Surveys, Permits and Regulations 16
GC-11 Protection of Work, Property and Persons 16
GC-12 Supervision by Contractor 17
GC-13 Changes in the Work 17
GC-14 Changes in Contract Price 17
GC-15 Time for Completion 17
GC-16 Correction of Work 17
GC-17 Subsurface Conditions 18
GC-18 Suspension of Work, Termination and Detay 18
GC-19 Payments to Contractor 19
GC-20 Acceptance of Final Payment as Release 20
GC-21 Insurance 20
GC-22 Contract Security 21
GC-23 Assignments 21
GC-24 Indemnification 22
GC-25 Separate Contracts 22
GC-26 Subcontracting 22
GC-27 Owner's Authority 23
GC-28 Land and Rights-of-Way 23
GG29 Guarantee 23
GC-30 Taxes 23
GC-31 Work Adjacent to Railway or Other Property 23
GC-32 Order and Discipline 23
GC-33 Warning Devices and Signs 23
GC-34 Special Restrictions 23
GG35 As-Built Drawings 23
GC-36 Allowances 23
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GC-01. DEFINITIONS
Wherever used in the Contract Documents, the following terms shall have the meanings indieated which shaN be
applicable to both the singular and plural thereof.
1. ADDENOA: Written or graphic instruments issued prior to the execution of the Agreement which maiify or
interpret the Contract Documents, Drawings and Specifications, by addition, deletion,
clarifications or corrections.
2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
3. BIDDER: Any person, firm or corporation submitting a bid or proposal for the work.
4. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by
the Contractor and his Surety in accordance with the Contract Documents.
5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the worlc
within the general scope of the Contract Documents or authorizing an adjustment in the
contract price or contract time.
6. CONTRACT DOCUMENTS:The contract including, but not limited to, Request for Proposals, Advertisement
for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement,
Performance Bond, Payment Bond, Notice to Proceed, Change Order, General
Conditions, Supplemental Generai Conditions, Special Conditions, Technical
Specifications, Drawings and Addenda.
7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of
the Contract Documents.
8. CONTRACT TIME: The number of calendar days, or defined completion date stated in the Contract
Documents for the completion of the work.
9. LIFE OF THE CONTRACT: The total duration of the Contract from IVotice to Proceed to completion of aii the
work.
10. CONTRACTOR: The person, firm or corporation with whom the Owner has executed the Agreement.
11. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the
work to be performed and which have been prepared or approved by the Owner.
12. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract
p�ice or an extension of the contract time issued by the Owner to the Contracto� during
construction.
13. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the
successful Bidder.
14. NOTICE TO PROCEED: Written communication issued by the Owner to the Contracto� authorizing him
to proceed with the work and establishing the date of commencement of the work.
15. OWNER: For purposes of this Request for Bids, the Owner is Augusta, Georgia or their
designated representative(s).
16. PROJECT: The undertaking to be performed as provided in the Contract Documents.
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17. SHOP DRAWINGS:AiI drawings, diagrams, illustrations, brochures, schedulss, and othe� data which are
p�epared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor,
which illustrate how specific portions of the work shall be fabricated or instailed.
18. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature
or materials, equipment, construction systems, standards and workmanship.
19. SUBCONTRACTOR: An individuai, firm or corporation having a direct contract with the Contractor or any
other Subcontractor for the performance of a part of the work at the site.
20. SUBSTANTIAL COMPLETION: That date as certified by the Owner wfien the �nstructi�on of the project
or a specified part can be utilized for the purposes for which it is intended.
21. SUPPLEMENTAL GENERAL CONOITIONS: Modifications and/or additions to the General
Conditions of a specific nature generaliy aimed at the specific contract of which it is a
part.
22. SUPPLIERS: Any person, supplier or organization who supplies materiais or equipment for the work,
including that fabricated to a special design, but who does not perform labor at the site.
23. W ORK: All labor necessary to produce the construction required by the Contract Documents and
all materials and equipment incorporated or to be incorporated in the project.
24. W RITTEN NOTICE: W ritten notice to any party of the Agreement relative to any part of this Agreement. Said
Notice is considered delivered and the service thereof completed, when posted by
certified or registered mail to the said party at his last given address or delivered in
person to said party or his authorized representative on the work.
GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS:
1. The ConVactor may be furnished additional instructions or detail drawings, by the Owner, as necessary
to carry out the work �equired by the ConVact Documents.
2. Any additional drawings and instructions thus suppiied will become a part of the Contract Documents.
The Contractor shall carry out the work in accordance with the additional detail drawings and instructions.
GC-03. SCHEDULES. REPORTS AND RECORDS:
1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules,
payrolis, reports, estimates, records and other data as the Owner may request concerning the work
performed or to be performed.
2. Prior to the first partial payment estimate, the Contractor shall submit schedules showing the order in
which he proposes to carry on the work, including dates at which he will start the various parts of the
work, estimated date of completion of each part and as applicable:
2.1 the dates at which special detail drawings will be required; and
2.2 �espective dates for submission of shop drawings, the beginning of manufacture, the testing and
the installation of materials, supplies and equipment.
3. The Contractor shall also submit a schedule of payments that he anticipates he will eam during the
course of the work.
GC-04. DRAWINGS AND SPECIFICATIONS;
1. The intent of the Contract Documents is to describe the scope of work for which the Contractor shall
fumish all design, labor, materials, tools, equipment and transportation necessary for the proper
execution. All work is to be in accordance with the Contract Documents and all inadental work necessary
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to compiete the project in a� acceptable manner, ready for use, occupancy or operation by the Owner is
to be inciuded.
2. in case of conflict between any drawings and specifications, the specifications shali govem. Figure
dimensions on drawings shall govem over general drawings.
3. Any discrepancies, inconsistencies, or ambiguities found between the Contract Oocuments and s�e
conditions shall be immediately reported to the Owner, in writing, who shalt promptiy conect such
inconsistencies or ambiguities in wrriting. Work done by the Contractor after his discovery of such
discrepanciss, inconsistencies or ambiguities shall be done at the Contractor's risk.
4. Ali work that may be called for in the specifications and not shown on the drawings, or shown and not
calied for in the specificatio�s, shall be executed and fumished by the Contractor as if described in both
these ways. Should any work or materiai be required which is not detailed in the specifications or
drawings, either directly or indi�ectiy, but which is nevertheless necessary for the proper carrying out of
the intent thereof, the Contractar is to understand the same to be implied and requi�ed and shall perfam
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 satisfied himself as to the
nature and location of the work, the conformation of the ground, the character, quality and quantity of the
materials to be encountered, the character of equipment and faci{ities needed preliminary to and during
the prosecution of the work, the general and local conditions and all othe� matters which can in any way
affect the work under this contract. No verbal agreement or conversation w�h any o�cer, agent or
employee of the Owner, either before or after the execution of this contract, shall affect or modify any of
the terms or obligations herein contained.
GC-05. SHOP DRAWINGS
The ConVactor 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 Owner shall promptiy
review all shop drawings. The Owner's approval of any shop drawings shall not release the Contractor from
responsibility for deviations from the Contract Documents. The approval of any shop drawing that deviates
substantiaily from the requirement of the Contract Documents shall be evidenced by a Change Order.
1. When submitted for the Owne�'s review, shop drawings shail 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.
2. Portions of the work that require shop drawings or sample submission shail not commence until the shop
drawings or submissions have been approved by the Owner. A copy of each approved shop drawing and
each approved sample shali be kept in good order by the Contractor at the site and shall be availabie to
the Owner.
GC-06. MATERIALS, SERVICES AND FACILITIES:
1. It is understood that, except as othervvise specificaily stated in the Contract Documents, the Contractor
shall provide and pay for all materials, labor, tools, equipment, transportation, supervision, temporary
construction of any nature and all other services and facilities of any nature necessary to execute,
compiete and deliver the work within the specified time.
2. Materials and equipment shall be stored so as to insure the preservation of their quality and fitness for
the work. Stored materials and equipment to be incorporated in the work shall be located so as to
facilitate prompt inspection.
3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used,
cteaned and conditioned as directed by the manufacturer.
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4. Materials, supplies or equipment shall be in accordance with samples submitted by the ConVactor and
approved by the Owner.
5. Materiats, supplies or equipment to be incorporated into the work and purchased by the Contractor � the
Subcontractor will be subject to a chattel mortgage or under a conditional sale conVact or other
agreement by which an interest is retained by the seiler.
GC-07. INSPECTION AND TESTING
1. All materiais and equipment used in the construction of the project shall be subject to adequate
inspectian and testing in acco�dance with generally accepted standards.
, 2. The Contractar shail provide, at his expense, the necessary testing, inspeetion and certificatia� senrices
requi�ed by the Contract Documents, unless otherwise provided.
3. The Owner shall provide all other inspection and testing services required by the Cont�act Documents.
4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction require any work to specifically be inspected, tested or approved by someone other that the
Contractor, the Contractor will give the Owner timely notice of readiness. The Contractor wili then fumish
the Owner the required certificates of inspection, testing or app�ova{.
5. Neither observation by the Owner nor inspections, tests or approvals by persons other than the
Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the
requirements of the Contract Documents.
6. The Owner and his representatives will at all times have access to the work. in addition, authorized
representatives and agents of any participating Federai or State Agency shall be permitted to inspect ati
work, materials, payroiis, records of personnel, invoices of materials and other relevant data and records.
The Contractor will provide proper facilities for such access and observation of the work and also for any
inspection or testing thereof.
7. If any work is covered contrary to the written request of the Ownef, it must, if requested by the Owner, be
uncovered for his observation and replaced at the Contractor's expense.
8. If any work has been covered which the Owner has not specifically requested to observe prior to its being
covered or if the Owner considers it necessary or advisable that covered work be inspected or tested by
others, the Cont�actor at the Owner's request, wili uncover, expose or otherwise make availabie for
observation, inspection or testing as the Owner may require, that portion of the work in question,
fumishing ali necessary labor, materials, tools and equipment. If it is found that such work is defective,
the Contractor wili bear all the expenses of such uncovering, exposure, observation, inspection and
testing and of satisfactory reconstruction. if, however, such work is not found to be defective, the
Contractor will be allowed an increase in the contract price or an extension of the contract time, or both,
direcUy attributabie to such uncovering, exposure, observafion, inspection, testing and recanstruction and
an appropriate change order shail be issued.
9. The Contracto� shall give the Owner 24 hours notice of starting any new work. No work shall be done or
materials used without suitable supervision and inspection by the Owner. The Contractor shall fumish the
Owner with necessary samples of material for testing purposes.
GC-08. SUBSTITUTIONS
1. W hen a material, article or piece of equipment is identified on the drawings or specifications by reference
to brand name or catalogue number, the performance or other salient requirements and that other
products of equal capacities, quality and function shall be considered. The Contractor may recommend
the substitution of a material, article or piece of equipment of equal substance and function for those
refened to in the Contract Documents by reference to brand name or catalogue number and if, in the
opinion of the Owner, such material, article or piece of equipment is of equal substance and function to
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that specified, the Owner may approve its substitution and use by the Cont�actor. Any cost differentiai
shaii be deducted from the contract price and the Contract Documents shall be appropriately modified by
change order. The Contractor warrants that if substitutes are approved, no maja� changes in tt�e function
or generai design of the project wrill result. Incidental changes or extra component parts required to
accomm�ate the substitute wiil be made by the Contractor without a change in the contract price or
contract time.
GC-09. PATENTS
1. The Contractor shall pay ali applicable royalfies and license fees. He shall defend all suits or ciaims for
infringement of any patent rights and save the Owner harmless ftom loss on account thereof except that
the Owner shall be responsible for any such loss when a particular process, design or the product of a
manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design,
process or product specified is an infringement of a patent, he shali be responsible for such loss unless
he promptly gives such information to the Owner.
GC-10. SURVEYS, PERMITS AND REGULATIONS:
1. The Owner shail fumish all land surveys and establish all base lines for locating the principai camponent
parts of the work together with a suitable number of benchmarks adjacent to the work as shown in the
Cont�act Documents. From the information provided by the Owmer, unless othervvise specified in the
Cont�act Documents, the Contractor shall develop and make all detail surveys needed for construction
such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations
and cut sheets.
2. The Contractor shall carefuliy preserve benchmarks, reference points and stakes and in case of wiliful or
careless destruction, he shall be charged with the resuiting expense and shall be responsible for any
mistakes that may be caused by their unnecessary loss or disturbance.
3. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the
Contractor. The ConVactor shall give all notices and comply with ail laws, ordinances, rules and
regulations bearing on the conduct of the worlc as drawn and specified. If ihe Contractor observes that
the Contract Documents are at variance therewith, he shaii promptly notify the Owner in writing and any
necessary changes shall be adjusted as provided in Section GC-13, Changes in the Work.
GC-11. PROTECTION OF WORK. PROPERTY AND PERSONS:
1. The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the work. He will take ali 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, ail the work and ail materiais or equipment to be
incorporated therein, whether in storage on or off the site or other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated fof
removai, relocation or replacement in the course of construction.
2. The Contractor will comply with all appiicable laws, ordinances, rules, regulations and orders of any
public body having jurisdiction. He will erect and maintain, as requi�ed by the conditions and progress of
the work, all necessary safeguards for safety and protection. He will notify the owners of adjacent
properties when prosecution of the work may affect them. The Contractor will remedy all damage, injury
or loss to any property caused, directly or indirectly, in whole or in pa�t, by the Contractor, and
subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of
them are liable, except damage or loss attributable to the fault of the Contract Documents o� to the acts
or omissions of the Owner or the Owner or anyone employed by either of them or anyone for whose acts
either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of the Contractor.
3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the
Contractor, without special instructions or authorization from the Owner, shall act to prevent threatened
damage, injury o� loss. He will give the Owner prompt written notice of any significant changes in the
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work or deviations f�om the Contract Documents caused thereby and a Change Order shail be issued
covering the changes and deviations invoived.
4. The work under this Contract in every respect shaA be at the risk of the Contractor until finished and
accepted, except to damage or injury caused directiy by the Owner's agents or employees.
GC-12. SUPERVISION BY CONTRACTOR:
1. The Contractor will supervise and direct the work. He will be solely responsibie for the means, methods,
techniques, sequences and procedures of constnaction. The Contractor will empioy and maintain on the
work a qualified superviso� or superintendent who shall have been designated in writing by the Contractor
as the Contractor's representative at the site. The supervisor shall have full authority to act on the behaif
of the Contraetor and all communications given to the supervisor shall be as binding as if given to the
Contractor. The supervisor shall be present on the site at all times as required to perform adequate
supervision and coordination of the worlc.
GC-13. CHANGES IN THE WORK
1. The Owner may at any time as the need arises, order changes within the scope of the work without
invalidating the Agreement. If such changes increase or decrease the amount due under the Contract
Documents or in the time required for perFormance of the work, an equitable adjustment shali be
authorized by Change Order.
2. The Owner, aiso, may at any time, by issuing a field order, make changes in the details of the work. The
Contractor shall proceed with the performance of any changes in the work so ordered by the Owner
unless the Contractor believes that such fieid order entitles him to a change in the contract price or time
or both, in which event he shall give the Owner written notice thereof within ten (10) days after the receipt
of the ordered change pending the receipt of an executed change order or further instruction from the
Owner.
GC-14. CHANGES IN CONTRACT PRICE
1. The contract price may be changed only by a change order. The value of any work covered by a change
order or of any claim for increase or decrease in the contract price shall be determined by one or more of
the following methods in the order of precedence listed below:
1.1 Unit prices previously app�oved.
L2 An agreed lump sum.
1.3 The actual cost for labor, direct overhead, materials, supplies, equipment and other services
necessary to complete the work. In addition there shall be added an amount to be agreed upon
but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general
ovefiead and profit.
GC-15. TIME FOR COMPLETION
1. The date of beginning and the time for completion of the work are essentiai conditions of the Contract
Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed.
2. The Contractor will proceed with the work at such rate of progress to insure full compietion within the
contract time. It is expressiy understood and agreed, by and between the Contractor and the Owner, that
the contract time for the completion of the work described herein is a reasonable time, taking into
consideration the average climatic and economic conditions and other factors prevailing in the localityof
the work.
GC-16. CORRECTION OF WORK
1. The Contractor shall promptly remove from the premises all work rejected by the Owner fo� 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 witha.�t
expense to the Owner and shall bear the expense of making good all worlc of other Contractors
destroyed or damaged by such removal or replacement.
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2. All removal and replacement work shali 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 materiais at the expense of the Contractor.
3. Any omissions or failure on the part of the Owner to disapprove or reject anyworlc or material shall not be
construed to be an acceptance of any defective work or material. The Contractor shalt remove, at his
own expense and shall rebuild and replace same without extra charge and in defauft tFtereof the same
may be done by the Owner at the Contractors expense or in case the Owner shall nat consider the
defect of sufficient importance to require the Contractor to rebuild or replace any imperfect work or
material, he shall have the power and is hereby authorized to make an equitable deduction from the
stipulated price.
GC-17. SUBSURFACE CONDITIONS:
This Section not used
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 �e
Contractor. The Owner shall fix the date on which work shall be resumed. The Cont�actor wiil resume
that work on the date so fixed. The Contractor will be ailowed an increase in the contract price, an
extension of the conUact time, or both, directly attributable to any suspension.
2. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of
his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or if he
files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable
laws or if he repeatedly faiis to supply sufficient skilled workmen or suitable materials or equipment, or if
he repeatediy fails to make prompt payments to subcontractors or for labor, materials or equipment or if
he disregards taws, ordinances, rules, regulations or orders of any public body having jurisdiction of the
work or if he disregards tfie authority of the Owner, or if, in the opinion of the Owner, the Contractor faiis
to make satisfactory progress in prosecuting the work, or if he othervvise violates any provision of the
Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving
the Contractor and his Surety a minimum of ten (10) days from delivery of a written notice, terminate the
services of the Contractor and take possession of the Project and of ali materiais, equipment, tools�
consVuction equipment and machinery thereon owned by the ConVactor and finish the work by whatever
method he may deem expedient. In such case, the Contractor shail not be entitied 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 compieting the Project, inciuding compensabon f� additional professional services, such
excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor wiil pay
the difference to the Owner. Such costs incuned by the Owner wili be determined by the Owner and
incorporated in a Change Order.
3. The Contractor must obtain permission from the Owner before any equipment can be removed from the
job site. In the event such equipment is removed without the Owmers approval, the job wiil 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 shail be absorbed by the Contractor.
4. Where the Contractor's services have been so terminate bythe Owner, said termi�ation shail not affect
any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention
or payment of monies by the Owner due the Contractor wiil not release the Contractor from compliance
with the Contract Documents.
5. After ten (10) days from delivery of a written notice to the Contractor and the Owner, 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 shail be paid for all work executed and any expense
sustained plus reasonable profit.
16
6. If, through no act or fauft of the Contractor, the work is suspended for a period of more than ninety (90)
days by the Owner or under an order of court or other public authority of the Owner fails to act on any
request for payment within thirty (30) days after it is submitted or the Owner faiis to pay the Contractor
substantially the sum approved by the Owner within thi�ty (30) days of its approval and presentat�n, then
the Contractor may after ten (10) days from delivery of a written notice to the Owner, terminate the
Conuact and recover from the Owner payment fo� all work executed and all expenses sustained. In
addition, and in lieu of terminating the Contract, if the Owner has failed to act on a request for payment or
if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten (10) days notice
to the Owner and the Owner, stop the work untii he has been paid all amounts then due, in which event
and upon resumption of the work, Change Orders shali be issued for adjusting the contract price or
extending the contract time or both to compensate for the costs and delays attributable to the stoppage of
the work.
7. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a resu� of a
failure of the Owner or the Owner to act within the time specified in the Contract Documents, or if no time
is specified, within reasonable time, an adjustment in the contract price or an extension of the contract
time or both, shall be made by Change Order to compensate the Contractor for the costs and delays
necessarily caused by the failure of the Owner or the Owner.
GC-19. PAYMENTS TO THE CONTRACTOR:
1. Befinreen the first (1 st) and the fifth (5th) of each month, the Contractor will submit to the Owner a partiai
payment estimate filled out and signed by the Contractor on an approved form covering the work
performed during the period covered by the partial payment estimate and supported by such data as the
Owner may reasonably require. If payment is requested on the basis of materials and equipment not
incorporated in the wo�lc but delivered and suitably stored at or near the site, the partial payment estimate
shall also be accompanied by such supporting data, satisfactory to the Owner, as wiil establish the
Owne�'s title to the materiai and equipment and protect his interest therein, including applicable
insurance. The Owner wiil, within ten days after receipt of each partial payment estimate, either indicate
in writing his approval of payment and present the pa�tiai payment estimate to the Owner, or retum the
pa�tial payment estimate to the Contractor indicating in writing his reasons for refusing to approve
payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial
payment estimate. The Owner will, within ten days of presentation to him of an approved partial payment
estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate.
The Owner shaii retain ten (10%) percent of the amount of each payment untii fiaai completion and
acceptance of all work covered by the Contract Documents. The Owner at any time, however, after fifty
(50%) percent of the work has been completed, if he �nds that satisfactory progress is being made, may
reduce the retained percentage to five (5%) percent on the cunent and remaining estimates. On
completion and acceptance of a part of the work on which the price is stated separately in the ConVact
Documents, payment may be made in full, including retained percentages, less authorized deductions.
2. The request for payment may also include an allowance for the cost of such major materials and
equipment which are suitably stored and insured either at or near the site.
3. All wo�lc covered by partial payment shall thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Contractor of the sole responsibility for the care and
protection of the work, material and equipment upon which payments have been made or the restoration
of any damaged wortc, or as a waiver of the right of the Owner to require the fulfillment of all terms af the
Contract Documents.
4. Upon completion and acceptance of the work, the Owner shall issue a certificate attached to the final
payment request that the work has been accepted by him under the conditions of the Contract
Documents. The entire balance found to be due the Contractor, including the retained percentages shall
be paid to the Contractor, except such sums as may be lawfully retained by the Owner for saving the
Owner or the Owner's agents harmless from all claims growing out of the lawful demands of
Subcontractors, laborers, workmen, mechanics, materialmen and fumishers of machinery and parts
thereof, equipment, tools and supplies, incu�red in the turtherance of the performance of the work. The
Contractor shall, at the Owne�'s request, furnish satisfactory evidence that all obligations of the nature
17
designated above have been paid, discha�ged, or waived. lf the Contractor fails to do so, the Owner may,
after having notified the Contractor, either pay unpaid bills or withhold from the Contractors unpaid
compensation a sum of money deemed reasonably sufficient to pay any and ali such lawful claims until
satisfactory evidence is fumished that all liabilities have been fully discharged whereupon payment to the
Contractor shall be resumed, in accordance with the terms of the ConVact Documents, but in no event
shali the provisions of this sentence be construed to impose any obligations upon the OHmer to either the
Contractor, his Surety, or any third party. In paying any unpaid bilis of the Contractor, any payment so
made by the Owner shali be considered as a payment made under the Contract Documents by the
Owner to the Contractor and the Owner shall not be liabie to the Contractor for any such payments made
in good faith.
5. If the Owne� fails to make payment 30 days after approval by the Owner, in addition to other remedies
available to the Contractor, there may be added to each such payment, interest at a maximum rate of 1%
per month commencing on the first day after said payment is due and continuing until the payment is
received by the Contractor.
GC-20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
1. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner
of all claims and ail liability to the Contractor other than claims in stated amounts as may be specifically
excepted by the Contractor for ali things done or furnished in connection with this work and for every act
and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or
otherwise, shall not release the Contractor or his Sureties from any obligations under the Contract
Documents or the Performance Bond and Payrnent Bonds.
GC-21. INSURANCE
1. The Contractor shall purchase and maintain during the life of this Contract such insurance as wiil protect
him from claims set forth below which may arise out of or result from the Cont�actor's execution of the
work, whether such execution by himself or by any Subcontractor or by anyone directly or indirectiy
employed by any of them or by anyone for whose acts any of them may be liable.
1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit
acts,
1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his
employees,
1.3 Claims for damages because of bodily injury, sickness or disease or death of any person other
than his employees,
1.4 Ciaims for damages insured by usual personal injury liability coverage which are sustained (1) by
any person as a result of an offense directly or indirectiy related to the employment of such
person by the Contractor or (2) by any other person; and
1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use
resulting therefrom.
2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement
of the work. These Certificates shall contain a provision that coverage afforded under the policies will not
be cancelfed unless at least fifteen (15) days prior written notice has been given to the Owner.
3. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability
insurance as hereinafter specified.
3.1 Contractor's General Public liability and Property Damage insurance including vehide coverage
issued to the Contractor and protecting him from all claims for personal injury, including death,
18
and ail claims for destrucKion of or damage to property, arising out of or in connection with any
operations under the Contract Documents, whefher such operations be by himself or by any
Subcontractor under him or anyone directly or indirectiy employed by the Contractor or by a
Subcontractor under him. Insurance shall be written with a limit of liability of not less than
$1,000,000 for all damages arising out of bodily injury, including death, at any time resulting
therefrom, sustained by any one person in any one accident; and a limit of liability of not less
than $1,000,000 for any such damages sustained by two or more persons in any one accident.
Insurance shall be v+rritten with a limit of liability of not less than $1,000,000 for all property
damage sustained by any one person in any one accident; and a limit of liability of not less than
$1,000,000 for any such damage sustained by two or more persons in any one accident.
3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance
upon the Project to the full insurable value thereof for the benefit of the OHmer, the Contractor
and Subcontractor as their interest may appear. This provision shall in no way release the
Contractor or Contracto�'s Surety from obligations under the Contract Documents to fully
complete the Project.
4. The Contractor shall procure and maintain, at his own expense, during the life of the Cont�act, in
accordance with the provisions of the laws of the state in which the work is performed, Workman's
Compensation Insurance, including occupational disease provisions, for all of his employees at the site of
the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to
provide Wo�lcman's Compensation Insurance, including occupatianal disease provision for all of the
latter's employees unless such employees a�e covered by the protection afforded by the Contractor. In
case any class of employees engaged in hazardous work under this Contract at the site of the Project is
not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each
Subcontractor to provide adequate and suitable insurance for the protection of his employees not
othenivise protected.
5. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be
performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be less
than One Million Dolla�s ($1,000,000.00). The policy shatl cover not less than the losses due to fire,
explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke during
the contract time and untit the work is accepted by the Owner. The policy shall name as the insured the
Contractor, the Owner.
GC-22. CONTRACT SECURITY
1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with
a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price,
conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions
and agreements of the Contract Documents and upon the prompt payment by the Contractor to all
persons supplying labor and materials in the prosecution of the work provided by the ConVact
Documents. Such bonds shall be executed by the Contractor and a corporate banding company licensed
to t�ansact business in the state in which the work is to be performed and named on the cunent list of
"Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular
Number 570. The expense of these bonds shall be bome by the Contractor. If at any time a Su�ety 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 shatl be paid by the Contractor. No fu�ther payments shall be deemed due
nor shall be made until the new Surety or Sureties shall have fumished an acceptable bond to the Owner.
GC-23. ASSIGNMENTS
1. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract or
any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written
consent of the other party.
19
GC•24. INDEMNIFICATION
1. The Cont�actor wiil indemnify and hoid harmless the Owner and their agents and employees from and
against all claims, damages, losses and expenses including attomey's fees arising out of or resulting
nom the perfomnance of the work, provided that any such ciaim, damage, loss or expense is attributable
to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, inciuding the
loss of use resulting therefrom; and is caused in whole or in part by any negligent or wiltful act or
omission of the Contractw and Subcontractor, anyone directiy or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
2. In any and all claims against the Owner or any of their agents or employees, by an employee of the
Contractor, Subcontractor, anyone directiy or indirectiy empioyed by any of them, or anyone for whose
acts any of them may be liabie, the indemnification obligation shali not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor
or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee
benefits acts.
3. The obligation of the Contractor under this paragraph shail not extend to the liability of the Owner, his
agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports,
sunreys, change orders, design or specifications.
GC-25. SEPARATE CONTRACTS
1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shali
afford other contractors reasonable opportunity for the introduction and storage of their materiais and the
execution of their work and shall properly connect and coo�dinate his work with theirs. if the proper
execution or results of any part of the Contracto�'s woi depends upon the work of any other Contractor,
the Contractor shall inspect and promptiy report to the Owner any defects in such work that render it
unsuitable for such proper execution and results.
2. The Owner may perform additional woric related to the Project by himseif or he may let other contracts
containing provisions similar to these. The Contractor will afford the other Contractors who are parties to
such contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for
the introduction and storage of materiais and equipment and the execution of the work and shali properiy
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 shali 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 speciafty 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%j percent of the Contract
Price, without prior written approval of the Owner.
3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors,
and of persons either directly or indirectly employed by them, as he is for the acts and omissions of
person directly employed by him.
4. The Contractor shall cause appropriate provisions to be inse�ted in all subcontracts relative to the work to
bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable
to the work of Subcontractors and to give the Contractor the same power as regards terminating any
20
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 Sut�contractor and
the Owner.
GC-27. OWNER'S AUTHORITY
1. The shali act as the Owner's representative during the construction period. He shall decide
questions which may arise as to quality and acceptability of materials furnished and work perfamed. He
shall interpret the intent of the Contract Documents in a fai� and unbiased manner. The Ovmer will make
visits to the site and determine if the work is proceeding in accordance with the Contract Documents.
2. The Contractor wiil be heid strictly to the intent of the Contract Documents in regard to ihe quality of
materials, workmanship and execution of the work. Inspections may be made at the factory or fabrication
plant or the sou�ce of material suppiy.
3. The Owner wili not be responsible for the construction means, controls, techniques, sequences,
procedures, or consuuction safety.
4. The Owner shall promptiy 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 owned and
right-of-way acquired.
2. The Contractor shaii provide at his own expense and without liability to the Owne� any additional land or
building and access thereto that the Contractor may desire for temporary construction facilities, or for
storage of materiais.
GC-29. GUARANTEE
1. The contractor shall provide a warranty on all work, materials and equipment incorporated into this
project. The warranty period shali not be less than fifteen (15) years from the date of completion and shall
cover parts and labor.
GC-30. TAXES
1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place
where the work is performed.
GC-31. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY:
1. W heneve� the work ernbraced in this Contract is near the tracks, structures or buildings of the Owner or
of other railways, persons, or property, the work shall be so conducted as not to interfere with the
movement of trains or other operations of the raiiway, or, if in any case such interference be necessary,
the Contracto� shall not proceed until he has first obtained specific authority and directions therefor from
the proper designated officer of the Owner and has the approval of the Owner.
GC-32. ORDER AND DISCIPLINE
1. The Contractor shall at ali times enforce strict discipiine and good order among his employees and any
employee of the Contractor who shali appea� to be incompetent, disorde�ly or intemperate or in any other
way disqualified for or unfaithful to the work entrusted to him, shaii be discharged immediately on the
request of the Owner and he shall not again be employed on the workout with the Owner's written
consent.
GC-33. WARNING DEVICES AND SIGNS
1. The Contractor shall furnish, erect, paint and maintain appropriate waming devices in and around the
construction area.
GC-34. SPECIAL RESTRICTIONS: Not Used for this Project
GC-35. AS-BUILT DRAWINGS: Not Used for this Project
GC-36. ALLOWANCES: • Not Used for this Project
21
TION SGC
INDEX TO SUPPLEMENTAL GENERAL CONDITIONS
SECTION TITLE
SGC-01. Contractor's Breakdown of Lump Sum Payment Items
SGC-02. Prior Use By Owner
SGC-03. Cleaning Up
SGC-04. Maintenance of Traffic
SGC-05. Maintenance of Access
SGC-06. Erosion Control and Restoration of Property
SGC-07. Safety and Health Regulations
SGC-08. Pre-Construction Conference
SGC-09. Settlement of Disputes
SGC-10. Open Records Act
22
TION SGC
SUPPLEMENTAL GENERAL CONDITIONS
SGC-01. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS
The Contractor shafl, immediately after the contract has been awarded, submit to the Owner fcx his approval, a
breakdown showing estimates of all costs apportioned to the major elements of design, equipment, material and
labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates
as approved wiil senre as the basis for estimating of payments due on all progress estimates.
SGC-02. PRIOR USE BY OWNER
Prior to completion of ail the work, the Owner may take over the operation andior use of the incomplete project or
portions thereof. Such prior use of the facilities by the Owner shall not be deemed as final acceptance o# any
work or relieve the Contractor from any of the requirements of the Contract Documents.
SGC-03. CLEAN-UP
The Contractor shali keep the premises free from the accumulation of waste materiai and rubbish and upon
completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the
premises ail rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition,
satisfactory to the Owner. Periodic cleaning will be scheduled by a representative of the owner.
SGC-04. MAINTENANCE OF TRAFFIC AND OPERATIONS
The Contractor shall provide adequate waming and protection for pedestrian and vehicular traffic from any hazard
arising out of the Contractor's operations and wili be held responsible for any damage caused by negligence on
his part or by the improper piacing of or failure to display danger signs and road lantems. Aii tra�c lanes,
sidewalks and driveways will be kept open and clear at ail times except as provided below. The Contractor shail
not biock traffic on any street mo�e than 30 minutes or without written permission from such agency. Before
leaving the work each night, it shail be placed in such condition as to cause the least possibls hazard therefrom.
Should the Contractor faii to comply with the provisions of this paragraph, the Qwner may, with his own forces,
provide signs, flagmen, barricades and/or passageways or clear the pavement and deduct the cost thereof from
sums due to the Contractor. Detours and tra�c controls are to be reviewed by Tra�c Engineering before
implementation.
SGC-05. MAINTENANCE OF ACCESS
The Contractor will be required to maintain access to the establishment during ail times it is normaliy open for
business. Bridges across open trenches and work areas wili be required to provide vehicular and pedestrian
access. Bridges with handraii protection will be required for crosswalks at street intersections. it is rec�gnized that
it will be necessary to remove bridges and to block cross tra�c while equipment is in operation. The Contractor
shall, however, plan and pu�sue his operations so as to minimize the time that d'+rect entrance is blocked.
SGC-06. EROSION CONTROL AND RESTORATION OF PROPERTY
The Contractor will be required to schedule his work and perform operations in such a manner that siltation and
bank erosion will be minimized during all phases of construction. This work should included protective measures
in places before land disturbing activities begin in accordance with Federal, State and Local Ordinances covering
soil erosion and siltation prevention. Any areas disturbed during the course of construction shall be restored to a
condition equal or better than the original condition.
SGC-07. SAFETY AND HEALTH REGULATIONS
The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction
promulgated under the Occupational, Health and Safety Act af 1970 (PL31-596) and under Section 107 of the
Contract Work Hours and Safety Standards Act (PL91-54).
23
SGC-08. PRE•CONSTRUCTION CONFERENCE:
A pre-construction conference may be heid at an acceptable time to the Owner and the Contractor prior to the
"Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents.
SGC-09. SETTLEMENT OF DISPUTES:
This Agreement shaN be govemed by and constnaed in accordance with the laws of the State of Georgia, U.S.A.
All claims, disputes and other matters in question between Licensee and Icon Softwa�e Corporation arising out of,
or relating to, this Agreement, or the breach thereof, shali be decided in the Superior Court of Richmond County,
Georgia. Contractor, by executing this Agreement, spec�cally consents to venue and jurisdiction in Richmond
County, Georgia and waives any right to contest jurisdiction and venue in said Court
SGC-10. OPEN RECORDS ACT:
Contractor acknowledges that this Agreement and certain documentation may be subject to the Georgia Open
Records Act (O.C.G.A. § 50-18-70, et seq. Contractor shall cooperate fully in responding to such request and
shall make all records, not exempt, available for inspection and copying as required by law.
SPECIAL CONDITIONS
SC-01. LICENSE:
The successful bidder shall have a current Business license during the term of this contract. The license shall be
purchased form the Business License and Enfo�cement Department.
SC-02. COORDINATION OF WORK:
The Contractor shall coordinate his work with the Facilities Management Building and Grounds Municipal Buiiding
Operations Manager and the Marshall's Department. All construction shali be in acco�dance with the contract
documents and appiicable codes and regulations.
SC-03. OPERATION AND STORAGE AREAS:
The nature of this project does not provide for secure storage on the job site. The owner will not be responsible
for providing security for any stored materiais, on site or off.
SC-04. PRESERVATION OF EXISTING VEGETATION:
The Cont�actor 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 Owner.
SC-05. CLEAN-UP:
The Contractor shall keep the premises free from the accumulation of waste materia! and rubbish. Upon
completion of the work, prior to final aceeptance of the completed project by the Owner, he shall remove f�om the
premises all �ubbish and surplus materials to the satisfaction of the Owner.
24
7
t
•
C
Bond No. 9017033
T N PB
PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SfMULTANEOUSLY WITM PAYMENT BOND ON PAGES 7-8, IN
FAVOR OF THE OWNER CONDITIONED FOR 7HE PAYMENT OF LABOR AND MATERIAL.)
KNOW ALL MEN BY TH�SE PRESENT�
Exterior Solutions of GA, Inc.
T�laf dba Bond Dry Roofing Company � as Principal, hereinafter called Con#ractor, and
Fidelity and Deposit
Company of Marvland ,_,�2 corporation organized and existing uncler the laws of the State of
MD , with its princi�a! office in the City of Schaumburg , State of IL , as Surety,
hereinafter called Surety, are hefd and frmly bound unto Augusta, Georgia, as Obligee, hereinafter
Two Hundred Sixty-Eight Thousand Three Hundred
called the Owner, in the penal amount of� Wenty - Five & rro��oo�s Dollars ($z6a,3as.00������***�
forthe paymentwhereof Contractorand Sure#y bind themselves, their heirs, executors, administrators,
successors, and assigns, jointty and severally, firmiy by these presents for the faithful performance of a
certain written agreerrtent.
� � WHEREAS, Contractor has by said writEen agreement dated entered into a contract
with Owner for the canstructian of Museum of History Roof Replacernent, Augusta, Georgia, in
accardance with th� specifcations issued bythe Richmortd County Public Services Department, which
contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT.
NOW, THEREFORE, the condifion of this obligation is such that, if Contractor shal( prompt[y and
faithfully perform said CONTRACT, then fhis obfigation shall be nuli and void; otherwise it shal! remain
in full force and effect.
The Surety hereby waives notice of any alteration or extension oftime made by the Owner.
Whenever Contractor shatl be, and declared by Owner #o be in default under the CONTRACT, the
Owner having pertormed Owner's obligations thereunder, the Surety may promptiy remedy the default,
or shall promptly
{1) Compiete the CONTRACT in accordance with its terms and conditions, or,
{2) Obtain a bid or bids for compieting the Contract in accordance with ifs t�rms and conditions, and
upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upan
deterrrTination by the Owner and the Suretyjointly of the lowest responsible bidder, arrang� for a
contract between such bidder and Owner, and make available as Work progresses (even though
#here st�ould be a default or a succession of defaults under the contract or contracts of camplet€on
arranged under t�is paragraph) suffcient funds to pay the cost of corrtpletion less the balance of
the contract price; but not exceeding, incEuding other costs and damages forw�ich the Surety may
be liable hereuncEer, the amount set forth in the first paragraph hereof. The term "balance of the
contract price," as used in this paragraph, shall mean the totaE amount payable by Owner to
Contractar under the Contract and ar�y amendments thereto, less the amount properly paid by
Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which
finaE payment under the CONTRACT falls due.
5
�
�
No right of action shall accrue on this bond to orfarthe use of any persan or carporation otherthan the
Owner named herein or the heirs, executors, administraEors or successors of the Owner.
Signed and sealed this �� r�day ofi ��� zoll
� Exterior Solutions of GA, Inc.
WltlleSS dba Bone Dry Roofing Company (Seal}
i
(Contractor)
Attest By (Seal}
(Ti e)
Witness �I.�, (� •�I� Fidelity and Deposit Company of Maryland �
Sandra F. Black
(Surety)
I � f
� 'r r/ ✓
Atkes B � �- --
olli Orr, Attorney-In-Fact p�
av4c� C. Eades, Attorney-In-Fact
(7itle)
Note: Date of 8ond must be priorto date of Contract_ IfiContractoris Partnership, ail partners should
execute Bond.
6 �
« '
� '
Bond No. 9017033
SECTION LMPB
LABOR AND MATERIAL PAYMENT BON�
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PER�ORMANCE BOND ON PAGES 5-6,
IN FAVOR OF THE OWNER CONDITIONED �OR THE PER�'ORMANCE OF THE CON7RACT.)
KNOW ALL MEN BY THESE PRESENi'S
Exterior Solutions of GA, Inc. Fidelity and Deposit Company
dba Bone Dry Roofing Company of Maryland
That , as Principal, hereinafter cafled Contractor, and i , a
corporation organized and existirtg under the laws of the State of MD , witF� its principal o�ce in the
Cify of s°nau '�`'"'rg , State of IL , as Surety, hereinafter called SurefX, are held ancf firmly
bound unto Augusta, Georgia, as Obligee, hereinafte H�called�the ,Owner, the benefit of
ciaimants as hereinbelow defined irt the amount of Twentv-Pive a�a rroi�oo�s �0�8t'S �� 268,325.00 �
forthe paymentwhereofContractorand Surety bind themselves, theirheirs, executors, administrators,
successors, �nd assigns, jointly and severally, firmly by these pres�nts.
WHEREAS, Contractor has, by written agreemen# dated .entered into a cantract with
Owner for the construction of Museum of Historv Roof Replacement, in accordance with
specifica#ions issued by the Richmond County Public Services Department, which contract is by
reference made a part hereof, and is hereinafter referred to as the CONTRACT. �
NOW, THEREFORE, the condition of this obligation is such that, if the Cantractor shall promptly make
paymentto all claimants as hereinaf#erdefined, for all labar and material used or reasonably required to
use in the performance of the CONTRACT, then this obligatron shall be void; otherwise it shafl remain
in full force artd effect, subject, however, ta the following conditions: �
(1.) A claimant is defined as one having a direct can#raciwith fhe Contractororwith a subcontractor
of the Contractor for labor, material, or bo#h, used or reasonabiy requi�ed for �se in the
pertormance ot#he contract, labor and material being construed as to inciude that part af water,
gas, power, light, heat, oil, gaso(ine, telephoneserviceorrental ofequipmentdirectlyapplicable
to the CONTRACT.
(2) The above narned Contractorand Surety herebyjointly and severally agree wifh the Ownerthat
every claimant as herein defned, who has not been paid in full before the expiration of a periad
af ninety {90) days after the date on which the last of such cfaimant's work or labor was done or
pertormed, or materials were fumished by such claimant, may sue on this bond for the use of
such claimant, prosecute the suit to ftnal judgement for such sum or sums as may be justly due
claimant, and have execution therean. The Owner shall nof be liabfe for the payment of any
costs o� expenses of any such suit.
(3) No suit ar action shall be commenced hereunder by any ctaimant,
(a) Unless claimant, other than one having a direct contract wi#h the Contractor, shall have
given written notice to any two of the following: The Contractor, the Owner, orthe Sur�ty
above named, within nin�ty {90) days after such claimant did ar performed the last ofi
the worlc or labor, or furrtished the last af the materials for which said claim is made,
stating with substantial accuracy the amount claimed and the name of the parEy t4
whom the materials were furnished, or for whom the wark or labor was done or
perFormed. Such notice shall be served by maiting the same by registered mail or
certifted rrtail, postage prepaid, in an envelope acidressed to fhe Contractor, Owner or
Surety, at any place where an office regularly maintained far the transactian of
�
+ '
.
� business, or served in any manr�er in which lega[ process may be served in the state in
which #he aforesaid project is located, save that such service need not be made by a
pubfic offcer.
(b) Afterthe expiration of one (1) yearfollowing the d�te on which Contractorceased work
on said CONTRACT, it being understood, however, thet if any lirrtitation embodied in
this bond is prohibited by any law controtling the constructian hereof, such limitation
shall be deemed to be amended so as to be equal ta the minimum period of limitation
permitted by such law.
(c) 4ther fhan 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 t�ereof, is situated, or in
t�e United S#ates District Court for the district in which the project, or any part thereof, is
situated, and not efsewhere.
(4) The amount of this bond shall be reduced by and to the extent of any payment or payments
made in good faith hereunder, inciusive af the payment by Surety of inechanics' liens which
may be filed of record against said improvement, whether or not claim for the amount of such
lien be presented under and against this bond. - �
Signed and sealed this � da of + �.4
y zoii
Exterior Solutions of GA, Inc.
�1�Iie55 dba Bone Dry Roofing Company
{Seal}
(Con c r
,
Attesf ��- ' --� By (Seal)
( I
�� . Fidelity and Deposit Company of Maryland �Seal) � .
�S'��etyl Sandra F. Black
1
� �.__ _,-��� ` y
Attest �� � ° � �
By � eal)
^�^ Holli Orr, Attorney-In-Fact David C. Eades, Attorney-In-Fact
E l
Note: Date of Bond rnust be.prior ta date of Contract. Ifi Contractor is Partnership, all partners should
execute Bond. •
8
�t
�
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MLJRRAY,
Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Law id Company, which are
set forth oii the reverse side hereof and are hereby certified to be in full farce and eff t�'�reof, does hereby
nominate, constitute and appoint Sandra F. BLACK, W. Parker HIX '� A��nd �RR, all of Atlanta,
Georgia, EACH its true and lawful agent and Attorney-in-F ,_ , , s ,;d � , and on its behalf as
surety, and as its act and deed: any and all bonds �, , an� uch bonds ar undertakings in
pursuance of these presents, shall be as b� ����" _ om,,� ����ply, to all intents and purposes, as if they
had been duly executed and ac �d e re ��rs of the Company at its office in Baltimore, Md:, in
their own proper pe p� f o issued on behalf of Sandra F. BLACK, Marvala
ERINKITOLA, W. ��, �a�("i'��y� , ated March 23, 2007.
The said Assistant �'�es�lei`eby certify that the exhract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-L����[ said Company, and is now in force.
IN WIT'NESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corparate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of September,
A.D. 2009.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
' �p DEYp
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Gregory E. Murray Assistant Secretary Theodore G. Martinez
State of Maryland 1 .
City of Baltimore f ss.
On this 9th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MiJRRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN T'ESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
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Constance A. Dunn Notary Public
My Commission Expires: July 14, 2015
POA-F 032-0008
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`��� °� CERTIFICATE OF LIABILITY INSURANCE ��i2i2oi��
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S�, AUTHORI2ED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy�ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this ceRificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT �C�C@ SIIl1tY1
NAME: y
- — -
First Niagara Risk Management, Inc AHONN E��. ��16 819- � A�� Na � t�16)ai
726 Exchange Street Suite 900 ADDRESS: m1C�C@y.SIR1tY1QfIITID.COIR
--_ .._ . __ ... — ...
PRODUCER 00139450 �
CU STOMER ID #: ..
Buf fal o NY S 4 Z S O INSURER�S) AFFORDING COVERAGE __' NAIC #
_ _ __ _- --_ __— _ �--
- - - --
WSURED INSURERA N3t1 F I ns Co of Ha 20478 __
Exterior Solutions of Georgia, Inc. dba wsuReRSAmer Cas ualty Co of R eadin g 20427
Bone Dry Roofing wsuReac:National Fire Ins of Pitt PA 19445 ___
__ _ _- - -
iNSUReR o:Great American Ins Co o£ NY f 2 2136
__- __
P.O. Box 7756 INSURERE:ASpEfl S ecialt Ins Co 43460
__ _ __ P _-- Y - -- �___ _
Athens GA 30607 iNSUReRF: �'
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS A CON DITIONS OF S POLIC IES. L IMITS SHOWN MAY H AVE BEEN REDUCED B PAID CL AIMS.
INSR ��. �� �-��-- � ��-�- '�ADDL SUBR� O ILP CY EPF ; POI.ICY EXP�
- _.
�7R , TYPE OF INSURANCE '��. I R WVD �'�. POLICY NUMBER I MM/DD/YYYY ! MM/DD/YYYY LIMITS
GENERAL LIABILITY �, , � - I EAC OCCURRE � 1� OOO � OOO
i DAMAGE TO RENTED ��� � �-��
X I COMMERCIAL GENERAL LIABILITY � �, � '�. �� ' 3OO � OOO
_ `_ _ , . ��, .. i PRE (Ea occu _rrence $__
--
A CLAIMS-MADE ', X OCCUR 4029333177 !105/Ol/2011'OS/Ol/2012 MED EXP(Anyo nep erson) �$ 1 �,� 0 �
_ _- —
X����� con .�� �'�.� i �! PER SONAL & AD V IN JURY �. $ 1 , 000 , 000
X���.. XCU included GENERALAGGREGATE Ig 2,000,000
. . _-_ _ .___ _- t -
--_ _
� GEN L AGGREGATE LIMIT APPLIES PER �, '�, ; I �. PRODUCTS - COMP/OP AGG '� $ L� OOO � OOO .
--
.. � POLICY � X ',, PRO- ��. .,, . ,�_.._._ . ..- ---._-
' E T '��. LOC ', �� ���, $
AUTOMOBILE LIABILITY � COMBINED SINGLE LIMIT
, (Ea accident) I$ 1, 000 , 000
x _.__ _ - - - -
ANY AUTO , � ' �' BODILY INJURY (Per person I$
A �.�. ALL OWNED AUTOS . I __ ___ _ .. ___.
4029333180 �,05/Ol/2011 OS/O1/2012 �,
�� '. '�� '' BODILY INJURY (Per accident) $
'�. SCHEDULEDAUTOS � �' � �-�"�"- �-� � ��
� ��� ��� � ''� PROPERTY DAMAGE $
'� X J ����. HIRED AUTOS '��. � �'�� �'�,, I(Per accident)
�___ .� . . i , r__ _...- --- --. __.
X � ��. NON-OWNED AUTOS � � _ , _I $
��' � ,.�. I. .. _ --..- - �__. _. _ _:_ .
_ __
: X �.. $250 Comp/$500 coll ded � � I � �i $ �
C X � UMBRELIA LIAB '�, X� . '�. I ' EACH OCCURRENCE I$ 1 O� OOO � OOO
OCCUR
._ �...._. _ __.. _____.
� EXCESS LIAB ��� �
CLAIMS-MADE 8E81232848 03/31/2011 OS/Ol/2012 I, AGGREGATE � 10 , 000 � 000
- - � - ---
' DEDUCTIBLE i I '$ PER PROJECT
_ ____- __
X �''��� RETENTION $ lO OOO I ' � �'� �� '� ; $ AGG APPLIES
� AND PR EROS'/LI R n '�, �II �OS/Ol/2011 X. A� T�$ � �. OOO � OOO
$ 4029333194 i05/Ol/2012 ' WC STATU- OTH I
, � TQRY LIMIT ER ' _
� �l i.__� _.
��. DESCRIPTION OF OPERATIONS below ❑'� '��., E.L. DISEASE EMPLOYEEI $ 1 i , OOO , OOO
, OFFICER/MEMBER EXCLUDED? N � A
', (Mandatory in NH) . I
�� '��� �' �.��E.L. DISEASE - POLICY LIMIT� 1 OOO OOO
D, Instal/Bldrs/Leasd&Rentd , tmc 1594378 03/31/2oiiio5/oi/2oi2', ins�auacion-$soo,000 Leasd$100,000
E' Contraetors Pollution ' E�,85tm11 �o3/3i/2oili,o5/oi/2oi2', g�,000,000Peroccurence $2,000,OOOagg
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RE: Museum of History Roof Replacement; The certificate holder is listed as an additional insured on the above
liability limits on a primary and non-contributing basis as required by written contract. A waiver of subrogation
applies as required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Augusta MU3@uM Of HiStOTy ACCORDANCE WITH THE POLICY PROVISIONS.
560 Reynolds St.
Augusta, GA 30901 AUTHORIZEDREPRESENTATIVE
� �,.L, .a_ i
Joseph Teresi/MSMITH
ACORD 25 (2009/09) O 1988-2009 ACORD CORPORATION. All rights reserved.
INS025 czoosos� The ACORD name and logo are registered marks of ACORD