HomeMy WebLinkAboutCONTRACT WITH CONTINENTAL CONSTRUCTION CO INC FOR EMERGENCY REPAIRS TO FIRE STATION NUMBER 9 BID ITEM #12-193EXHIBIT II
Emergency Repairs to Fire Station Number 9
Bid Item #12 -193
INDEX TO CONTRACT
Section Title Page
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 Attorney 9
NP Notice to Proceed 10
GC General Conditions 11 -25
SGC Supplemental General Conditions26 -28
SC Special Conditions 28
1
SECTION NA
NOTICE OF AWARD
TO: Continental Construction Co., Inc.
4190 Crosstowne Court
Evans, GA 30809
PROJECT DESCRIPTION: Emergency Repairs to Fire Station Number 9
The Owner has considered the BID submitted by you for the PROJECT named above in response to its Bid
Item # 12 -193 due on August 21, 2012
You are hereby notified that your BID (Including Alternates Number One ) has been accepted in the
amount of Ninety Six Thousand Eight Hundred Thirty -six and no /100 Dollars ($96,836.00).
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 Contractor'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 furnish said Bonds within Ten (10) working days from the date of
this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance
of your PROPOSAL as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such
other rights as may be granted by law.
Shop drawings and other submittals are due within fifteen (15) calendar days of the issuance of this Notice
of Award.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this 23 day of August , 2012.
BY:
:4" c J /! %,% ti
Richard M. Acree, Jr.
Facilities Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged on this 12 day of Sept. 2012
BY:
W. Paul Cannady
TITLE: Vice President
2
SECTION A
AGREEMENT
THIS AGREEMENT, made this 24 day of August, 2012. by and between Augusta
Georgia, a political subdivision of the State of Georgia, hereinafter called "Owner" and
Continental Construction Co., Inc. 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 Emergency Repairs to Fire
Station Number 9. All work is to be in accordance with plans prepared by the owner
as included in Bid Item # 12 -193 and related documents as listed in item 5 below.
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
15 (fifteen) calendar days after the date of the Notice of Award and will complete the
work not later than 60 days after notice to proceed, 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
as Base Bid and Alternate 1 for the sum of Ninety Six Thousand Eight Hundred
Thirty -six and no /100 Dollars ($96,836.00).
5. The term "Contract Documents" means and includes the following:
Advertisement for Bids
Bid Bond
Performance /Payment Bonds
Change Order
Supplemental General Conditions
Request for Bids # 12 -193
Notice of Award
Certificate of Owner's Attorney
General Conditions
Special Conditions
Bid
Agreement
Notice to Proceed
Plans
Technical Specifications
6. The Owner will pay to the Contractor in the manner and at such times as set forth in
the General Conditions such amounts as required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
3
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by
their duly authorized officials, this Agreement in Five (5) counterparts, each of which shall
be deemed an original on the date first above written.
OWNER: AUGUSTA, GEORGIA ATTEST:
BY: � NAME:
N)
Deke Copenhaver (Mayor)
BY: ( ,)
(Type or Print)
TITLE: Vice President
ADDRESS:
4190 Crosstowne Court
Evans, GA 30809
Lena Bonner (Clerk)
CONTRACTOR: Continental Construction ATTEST_
Co., Inc.
(SEAL)
NAME: W. Paul Cannady NAME: Dianne Meese
P.O. Box 204198, Augusta, GA 30917
(Type or Print)
TITLE: Corporate Secretary
4
SECTION PB
PERFORMANCE BOND (This is a sa mple form only)
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGES 7 -8, IN
FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That , as Principal, hereinafter called Contractor, and
corporation organized and existing under the laws of the State of , with its
principal office in the City of , State of , as Surety, hereinafter called
Surety, are held and firmly bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner,
in the penal amount of Dollars ($ )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents for the
faithful performance of a certain written agreement.
WHEREAS, Contractor has by said written agreement dated entered into a
contract with Owner for the construction of Emergency Repairs to Fire Station Number 9,
Augusta, Georgia, in accordance with the specifications issued by the Richmond County Public
Services Department, which contract is by reference made a part hereof, and is hereinafter
referred to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and
faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the
default, or shall promptly
(1) Complete the CONTRACT in accordance with its terms and conditions, or,
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects,
upon determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, and make available as Work
progresses (even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price; but not exceeding, including other
costs and damages for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the contract price," as used in this paragraph,
shall mean the total amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on
which final payment under the CONTRACT falls due.
5
No right of action shall accrue on this bond to or for the use of any person or corporation other than
the Owner named herein or the heirs, executors, administrators or successors of the Owner.
Signed and sealed this day of
Witness (Seal)
(Contractor)
Attest
Attest
(Title)
(Surety)
(Title)
By (Seal)
Witness (Seal)
By (Seal)
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners
should execute Bond.
6
SECTION LMPB
LABOR AND MATERIAL PAYMENT BOND (Thi sarxi
e
format only)
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGES
5 -6, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE
CONTRACT.)
KNOW ALL MEN BY THESE PRESENTS:
That , as Principal, hereinafter called Contractor, and , a
corporation organized and existing under the laws of the State of , with its principal office
in the City of , State of , as Surety, hereinafter called Surety, are
held and firmly bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner, for the use
and benefit of claimants as hereinbelow defined in the amount of Dollars ($ )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has, by written agreement dated ,entered into a contract
with Owner for the construction of Emergency Repairs to Fire Station Number 9, in accordance
with specifications issued by the Richmond County Public Services Department, which contract is
by reference made a part hereof, and is hereinafter referred to as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly
make payment to all claimants as hereinafter defined, for all labor and material used or reasonably
required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise
it shall remain in full force and effect, subject, however, to the following conditions:
(1.) A claimant is defined as one having a direct contract with the Contractor or with a
subcontractor of the Contractor for labor, material, or both, used or reasonably required for
use in the performance of the contract, labor and material being construed as to include
that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the CONTRACT.
(2) The above named Contractor and Surety hereby jointly and severally agree with the Owner
that every claimant as herein defined, who has not been paid in full before the expiration of
a period of ninety (90) days after the date on which the last of such claimant's work or labor
was done or performed, or materials were furnished by such claimant, may sue on this
bond for the use of such claimant, prosecute the suit to final judgement for such sum or
sums as may be justly due claimant, and have execution thereon. The Owner shall not be
liable for the payment of any costs or expenses of any such suit.
(3)
No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Contractor, shall
have given written notice to any two of the following: The Contractor, the Owner, or
the Surety above named, within ninety (90) days after such claimant did or
performed the last of the work or labor, or furnished the last of the materials for
which said claim is made, stating with substantial accuracy the amount claimed and
the name of the party to whom the materials were furnished, or for whom the work
or labor was done or performed. Such notice shall be served by mailing the same
by registered mail or certified mail, postage prepaid, in an envelope addressed to
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Attest
Witness
(Surety)
Attest
the Contractor, Owner or Surety, at any place where an office regularly maintained
for the transaction of business, or served in any manner in which legal process may
be served in the state in which the aforesaid project is located, save that such
service need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Contractor ceased
work on said CONTRACT, it being understood, however, that if any limitation
embodied in this bond is prohibited by any law controlling the construction hereof,
such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is situated,
or in the United States District Court for the district in which the project, or any part
thereof, is situated, and not elsewhere.
(4) The amount of this bond shall be reduced by and to the extent of any payment or payments
made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which
may be filed of record against said improvement, whether or not claim for the amount of
such lien be presented under and against this bond.
Signed and sealed this day of
Witness (Seal)
(Contractor)
(Title)
(Title)
By (Seal)
(Seal)
By (Seal)
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners
should execute Bond.
8
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned
, the authorized and acting legal representative of Augusta, Georgia, do hereby certify as
follows:
I have examined the attached Contract(s) and Surety Bonds, and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements has been duly
executed by the proper parties thereto acting through their duly authorized representatives;
that said representatives have full power and authority to execute said agreements on
behalf of the respective parties named thereon; and that the foregoing agreements
constitute valid and legally binding obligations upon the parties executing the same in
accordance with the terms, conditions and provisions thereof.
Andrew G. MacKenzie, Attorney
Augusta, Georgia
DATE:
9
SECTION NP
NOTICE TO PROCEED
TO: Continental Construction Co., Inc.
4190 Crosstowne Court,
Evans, GA 30809
PROJECT: Emergency Repairs to Fire Station Number 9
You are hereby notified to commence work in accordance with the Agreement dated
August 24; 2 t2: = September 17, 2012
This Notice accompanies the accepted Shop Drawings. You are to complete the work not
later than 90 days following the issuance of this Notice to Proceed.
BY:
BY:
Richard M. Acree, Jr.
Facilities Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged on this 12 day of Sept. , 2012
1 2/ 1 - 4 - 1, 0L--/ `
W. Paul Cannady
TITLE: Vice President
September 17, 2012 g5.2
DATE: Au us1 2 212=
10
SECTION GC
GENERAL CONDITIONS
Section
INDEX TO ARTICLES OF GENERAL CONDITIONS
GC -01 Definitions 12
GC -02 Additional Instructions and Detail Drawings 14
GC -03 Schedules, Reports and Records 14
GC -04 Drawings and Specifications 14
GC -05 Shop Drawings 15
GC -06 Materials, Services and Facilities 15
GC -07 Inspection and Testing 15
GC -08 Substitutions 16
GC -09 Patents 16
GC -10 Surveys, Permits and Regulations 16
GC -11 Protection of Work, Property and Persons 17
GC -12 Supervision by Contractor 17
GC -13 Changes in the Work 18
GC -14 Changes in Contract Price 18
GC -15 Time for Completion 18
GC -16 Correction of Work 18
GC -17 Subsurface Conditions 19
GC -18 Suspension of Work, Termination and Delay 19
GC -19 Payments to Contractor 21
GC -20 Acceptance of Final Payment as Release 21
GC -21 Insurance 21
GC -22 Contract Security 22
GC -23 Assignments 23
GC -24 Indemnification 23
GC -25 Separate Contracts 23
GC -26 Subcontracting 24
GC -27 Engineer's Authority 24
GC -28 Land and Rights -of -Way 24
GC -29 Guarantee 24
GC -30 Taxes 25
GC -31 Work Adjacent to Railway or Other Property 25
GC -32 Order and Discipline 25
GC -33 Warning Devices and Signs 25
GC -34 Special Restrictions 25
GC -35 As -Built Drawings 25
GC -36 Allowances 25
Page
11
GC -01. DEFINITIONS:
Wherever used in the Contract Documents, the following terms shall have the meanings indicated which
shall be applicable to both the singular and plural thereof.
1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which
modify or interpret the Contract Documents, Drawings and Specifications, by
addition, deletion, clarifications or corrections.
2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
3. BIDDER: Any person, firm or corporation submitting a bid or proposal for the work.
4. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished
by the Contractor and his Surety in accordance with the Contract Documents.
5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision
in the work within the general scope of the Contract Documents or authorizing an
adjustment in the contract price or contract time.
6. CONTRACT DOCUMENTS: The contract including, but not limited to, Request for Proposals,
Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of
award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change
Order, General Conditions, Supplemental General Conditions, Special Conditions,
Technical Specifications, Drawings and Addenda.
7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions
of the Contract Documents.
8. CONTRACT TIME: The number of calendar days, 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 Notice to Proceed to
completion of all the work.
10. CONTRACTOR: The person, firm or corporation with whom the Owner has executed the
Agreement.
11. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the
work to be performed and which have been prepared or approved by the Engineer.
12. ENGINEER: The person, firm or corporation named as such in the Contract Documents.
13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the
contract price or an extension of the contract time issued by the Engineer to the
Contractor during construction.
14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the
successful Bidder.
15. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor
authorizing him to proceed with the work and establishing the date of
commencement of the work.
16. OWNER: For purposes of this Request for Bids, the Owner is Augusta, Georgia.
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17. PROJECT: The undertaking to be performed as provided in the Contract Documents.
18. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is
assigned to the project or any part thereof.
19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data
which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or
Distributor, which illustrate how specific portions of the work shall be fabricated or
installed.
20. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a
technical nature or materials, equipment, construction systems, standards and
workmanship.
21. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor
or any other Subcontractor for the performance of a part of the work at the site.
22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the
project or a specified part can be utilized for the purposes for which it is intended.
23. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and /or additions to the General
Conditions of a specific nature generally aimed at the specific contract of which it is
a part.
24. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the
work, including that fabricated to a special design, but who does not perform labor at
the site.
25. WORK: All labor necessary to produce the construction required by the Contract Documents
and all materials and equipment incorporated or to be incorporated in the project.
26. WRITTEN NOTICE: Written notice to any party of the Agreement relative to any part of this
Agreement. Said Notice is considered delivered and the service thereof completed,
when posted by certified or registered mail to the said party at his last given address
or delivered in person to said party or his authorized representative on the work.
13
GC -02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS:
1. The Contractor may be furnished additional instructions or detail drawings, by the Engineer, as
necessary to carry out the work required by the Contract Documents.
2. Any additional drawings and instructions thus supplied will become a part of the Contract
Documents. The Contractor shall carry out the work in accordance with the additional detail drawings
and instructions.
GC -03. SCHEDULES, REPORTS AND RECORDS:
1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules,
payrolls, reports, estimates, records and other data as the Owner may request concerning the work
performed or to be performed.
2. Prior to the first partial payment estimate, the Contractor shall submit schedules showing the order in
which he proposes to carry on the work, including dates at which he will start the various parts of the
work, estimated date of completion of each part and as applicable:
2.1 the dates at which special detail drawings will be required; and
2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing
and the installation of materials, supplies and equipment.
3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the
course of the work.
GC -04. DRAWINGS AND SPECIFICATIONS;
1. The intent of the Contract Documents is to describe the scope of work for which the Contractor shall
furnish all design, labor, materials, tools, equipment and transportation necessary for the proper
execution. All work is to be in accordance with the Contract Documents and all incidental work
necessary to complete the project in an acceptable manner, ready for use, occupancy or operation
by the Owner is to be included.
2. In case of conflict between any drawings and specifications, the specifications shall govern. Figure
dimensions on drawings shall govern over general drawings.
3. Any discrepancies, inconsistencies, or ambiguities found between the Contract Documents and site
conditions shall be immediately reported to the Engineer, in writing, who shall promptly correct such
inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such
discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk.
4. All work that may be called for in the specifications and not shown on the drawings, or shown and
not called for in the specifications, shall be executed and furnished by the Contractor as if described
in both these ways. Should any work or material be required which is not detailed in the
specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the
proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and
required and shall perform all such work and furnish any such material as fully as if they were
particularly delineated or described.
5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to
the nature and location of the work, the conformation of the ground, the character, quality and
quantity of the materials to be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, the general and local conditions and all other
matters which can in any way affect the work under this contract. No verbal agreement or
14
conversation with any officer, agent or employee of the Owner, either before or after the execution of
this contract, shall affect or modify any of the terms or obligations herein contained.
GC -05. SHOP DRAWINGS:
1. The Contractor shall provide design drawings, shop drawings and product data for all components as
may be necessary for the prosecution of the work as required by the Contract Documents. The
Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings
shall not release the Contractor from responsibility for deviations from the Contract Documents. The
approval of any shop drawing that deviates substantially from the requirement of the Contract
Documents shall be evidenced by a Change Order.
2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification
that he has reviewed, checked and approved the shop drawings and that they are in conformance
with the requirements of the Contract Documents.
3. Portions of the work that require shop drawings or sample submission shall not commence until the
shop drawings or submissions have been approved by the Engineer. A copy of each approved shop
drawing and each approved sample shall be kept in good order by the Contractor at the site and
shall be available to the Engineer.
GC -06. MATERIALS, SERVICES AND FACILITIES:
1. It is understood that, except as otherwise specifically stated in the Contract Documents, the
Contractor shall provide and pay for all materials, labor, tools, equipment, transportation,
supervision, temporary construction of any nature and all other services and facilities of any nature
necessary to execute, complete and deliver the work within the specified time.
2. Materials and equipment shall be stored so as to insure the preservation of their quality and fitness
for the work. Stored materials and equipment to be incorporated in the work shall be located so as to
facilitate prompt inspection.
3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used,
cleaned and conditioned as directed by the manufacturer.
4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor
and approved by the Engineer.
5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor
or the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or
other agreement by which an interest is retained by the seller.
GC -07. INSPECTION AND TESTING:
1. All materials and equipment used in the construction of the project shall be subject to adequate
inspection and testing in accordance with generally accepted standards.
2. The Contractor shall provide, at his expense, the necessary testing, inspection and certification
services required by the Contract Documents, unless otherwise provided.
3. The Owner shall provide all other inspection and testing services required by the Contract
Documents.
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
15
other that the Contractor, the Contractor will give the Engineer timely notice of readiness. The
Contractor will then furnish the Engineer the required certificates of inspection, testing or approval.
5. Neither observation by the Engineer nor inspections, tests or approvals by persons other than the
Contractor shall relieve the Contractor from his obligations to perform the work in accordance with
the requirements of the Contract Documents.
6. The Engineer and his representatives will at all times have access to the work. In addition,
authorized representatives and agents of any participating Federal or State Agency shall be
permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and
other relevant data and records. The Contractor will provide proper facilities for such access and
observation of the work and also for any inspection or testing thereof.
7. If any work is covered contrary to the written request of the Engineer, it must, if requested by the
Engineer, be uncovered for his observation and replaced at the Contractor's expense.
8. If any work has been covered which the Engineer has not specifically requested to observe prior to
its being covered or if the Engineer considers it necessary or advisable that covered work be
inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or
otherwise make available for observation, inspection or testing as the Engineer may require, that
portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is
found that such work is defective, the Contractor will bear all the expenses of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such
work is not found to be defective, the Contractor will be allowed an increase in the contract price or
an extension of the contract time, or both, directly attributable to such uncovering, exposure,
observation, inspection, testing and reconstruction and an appropriate change order shall be issued.
9. The Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be
done or materials used without suitable supervision and inspection by the Engineer. The Contractor
shall furnish the Engineer with necessary samples of material for testing purposes.
GC -08. SUBSTITUTIONS:
1. When a material, article or piece of equipment is identified on the drawings or specifications by
reference to brand name or catalogue number, the performance or other salient requirements and
that other products of equal capacities, quality and function shall be considered. The Contractor may
recommend the substitution of a material, article or piece of equipment of equal substance and
function for those referred to in the Contract Documents by reference to brand name or catalogue
number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal
substance and function to that specified, the Engineer may approve its substitution and use by the
Contractor. Any cost differential shall be deducted from the contract price and the Contract
Documents shall be appropriately modified by change order. The Contractor warrants that if
substitutes are approved, no major changes in the function or general design of the project will
result. Incidental changes or extra component parts required to accommodate the substitute will be
made by the Contractor without a change in the contract price or contract time.
GC -09. PATENTS:
1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims
for infringement of any patent rights and save the Owner harmless from loss on account thereof
except that the Owner shall be responsible for any such loss when a particular process, design or
the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to
believe that the design, process or product specified is an infringement of a patent, he shall be
responsible for such loss unless he promptly gives such information to the Engineer.
16
GC -10. SURVEYS, PERMITS AND REGULATIONS:
1. The Owner shall furnish all land surveys and establish all base lines for locating the principal
component parts of the work together with a suitable number of benchmarks adjacent to the work as
shown in the Contract Documents. From the information provided by the Owner, unless otherwise
specified in the Contract Documents, the Contractor shall develop and make all detail surveys
needed for construction such as slope stakes, batter boards, stakes for pile locations and other
working points, 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 shall be
responsible for any mistakes that may be caused by their unnecessary loss or disturbance.
3. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the
Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and
regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes
that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in
writing and any necessary changes shall be adjusted as provided in Section GC -13, Changes in the
Work.
GC -11. PROTECTION OF WORK, PROPERTY AND PERSONS:
1. The Contractor will be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the work. He will take all necessary precautions for the safety of
and will provide the necessary protection to prevent damage, injury or loss to all employees on the
work and other persons who may be affected thereby, all the work and all materials or equipment to
be incorporated therein, whether in storage on or off the site or other property at the site or adjacent
thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not
designated for removal, relocation or replacement in the course of construction.
2. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any
public body having jurisdiction. He will erect and maintain, as required by the conditions and
progress of the work, all necessary safeguards for safety and protection. He will notify the owners of
adjacent properties when prosecution of the work may affect them. The Contractor will remedy all
damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the
Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone for
whose acts any of them are liable, except damage or loss attributable to the fault of the Contract
Documents or to the acts or omissions of the Owner or the Engineer or anyone employed by either
of them or anyone for whose acts either of them may be liable and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of the Contractor.
3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto,
the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to
prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any
significant changes in the work or deviations from the Contract Documents caused thereby and a
Change Order shall be issued covering the changes and deviations involved.
4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and
accepted, except to damage or injury caused directly by the Owner's agents or employees.
GC -12. SUPERVISION BY CONTRACTOR:
1. The Contractor will supervise and direct the work. He will be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The Contractor will employ and
maintain on the work a qualified supervisor or superintendent who shall have been designated in
writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full
17
authority to act on the behalf of the Contractor and all communications given to the supervisor shall
be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as
required to perform adequate supervision and coordination of the work.
GC -13. CHANGES IN THE WORK:
1. The Owner may at any time as the need arises, order changes within the scope of the work without
invalidating the Agreement. If such changes increase or decrease the amount due under the
Contract Documents or in the time required for performance of the work, an equitable adjustment
shall be authorized by Change Order.
2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the
work. The Contractor shall proceed with the performance of any changes in the work so ordered by
the Engineer unless the Contractor believes that such field order entitles him to a change in the
contract price or time or both, in which event he shall give the Engineer written notice thereof within
ten (10) days after the receipt of the ordered change pending the receipt of an executed change
order or further instruction from the Owner.
GC -14. CHANGES IN CONTRACT PRICE:
1. The contract price may be changed only by a change order. The value of any work covered by a
change order or of any claim for increase or decrease in the contract price shall be determined by
one or more of the following methods in the order of precedence listed below:
1.1 Unit prices previously approved.
1.2 An agreed lump sum.
1.3 The actual cost for labor, direct overhead, materials, supplies, equipment and other services
necessary to complete the work. In addition there shall be added an amount to be agreed
upon but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of
general overhead and profit.
GC -15. TIME FOR COMPLETION:
1. The date of beginning and the time for completion of the work are essential conditions of the
Contract Documents and the work embraced shall be commenced on the date specified in the Notice
to Proceed.
2. The Contractor will proceed with the work at such rate of progress to insure full completion within the
contract time. It is expressly understood and agreed, by and between the Contractor and the Owner,
that the contract time for the completion of the work described herein is a reasonable time, taking
into consideration the average climatic and economic conditions and other factors prevailing in the
locality of the work.
GC -16. CORRECTION OF WORK:
1. The Contractor shall promptly remove from the premises all work rejected by the Engineer for failure
to comply with the Contract Documents, whether incorporated in the construction or not and the
Contractor shall promptly replace and re- execute the work in accordance with the Contract
Documents and without expense to the Owner and shall bear the expense of making good all work
of other Contractors destroyed or damaged by such removal or replacement.
2. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does
not take action to remove such rejected work within ten (10) days after receipt of written notice, the
Owner may remove such work and store the materials at the expense of the Contractor.
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3. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall
not be construed to be an acceptance of any defective work or material. The Contractor shall
remove, at his own expense and shall rebuild and replace same without extra charge and in default
thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer
shall not consider the defect of sufficient importance to require the Contractor to rebuild or replace
any imperfect work or material, he shall have the power and is hereby authorized to make an
equitable deduction from the stipulated price.
GC -17. SUBSURFACE CONDITIONS:
1. The Contractor shall promptly and before such conditions are disturbed, except in the event of an
emergency, notify the Owner by written notice of:
1.1
1.2
Subsurface or latent physical conditions at the site differing materially from those indicated in
the Contract Documents.
Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in work of the character
provided for in the Contract Documents.
2. The Owner shall promptly investigate the conditions and if he finds that such conditions do so
materially differ and cause an increase or decrease in the cost of, or in the time required, for
performance of the work, an equitable adjustment shall be made and the Contract Documents shall
be modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be
allowed unless he has given the required written notice; provided that the Owner may, if he
determines the facts so justify, consider and adjust any such claims asserted before the date of final
payment.
GC -18. SUSPENSION OF THE WORK, TERMINATION AND DELAY:
1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period
of not more than ninety days or such further time as agreed upon by the Contractor, by written notice
to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor
will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract
price, an extension of the contract time, or both, directly attributable to any suspension.
2. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the
benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his
property or if he files a petition to take advantage of any debtor's act to reorganize under the
bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for
labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any
public body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in
the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the
work, or if he otherwise violates any provision of the Contract Documents, then the Owner may,
without prejudice to any other right or remedy and after giving the Contractor and his Surety a
minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor
and take possession of the Project and of all materials, equipment, tools, construction equipment
and machinery thereon owned by the Contractor and finish the work by whatever method he may
deem expedient. In such case, the Contractor shall not be entitled to receive any further payment
until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect
costs of completing the Project, including compensation for additional professional services, such
excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will
pay the difference to the Owner. Such costs incurred by the Owner will be determined by the
Engineer and incorporated in a Change Order.
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3. The Contractor must obtain permission from the Engineer before any equipment can be removed
from the job site. In the event such equipment is removed without the Engineer's approval, the job
will be terminated until such time as the equipment is returned to the project and any time and
money lost by the Contractor as a result of moving the equipment shall be absorbed by the
Contractor.
4. Where the Contractor's services have been so terminate by the Owner, said termination shall not
affect any right of the Owner against the Contractor then existing or which may thereafter accrue.
Any retention or payment of monies by the Owner due the Contractor will not release the Contractor
from compliance with the Contract Documents.
5. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner,
may, without cause and without prejudice to any other right or remedy, elect to abandon the Project
and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any
expense sustained plus reasonable profit.
6. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety
(90) days by the Owner or under an order of court or other public authority of the Engineer fails to act
on any request for payment within thirty (30) days after it is submitted or the Owner fails to pay the
Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and
presentation, then the Contractor may after ten (10) days from delivery of a written notice to the
Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work
executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the
Engineer has failed to act on a request for payment or if the Owner has failed to make any payment
as aforesaid, the Contractor may, upon ten (10) days notice to the Owner and the Engineer, stop the
work until he has been paid all amounts then due, in which event and upon resumption of the work,
Change Orders shall be issued for adjusting the contract price or extending the contract time or both
to compensate for the costs and delays attributable to the stoppage of the work.
7. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result
of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents,
or if no time is specified, within reasonable time, an adjustment in the contract price or an extension
of the contract time or both, shall be made by Change Order to compensate the Contractor for the
costs and delays necessarily caused by the failure of the Owner or the Engineer.
GC -19. PAYMENTS TO THE CONTRACTOR:
1. Between the first (1st) and the fifth (5th) of each month, the Contractor will submit to the Engineer a
partial payment estimate filled out and signed by the Contractor on an approved form covering the
work performed during the period covered by the partial payment estimate and supported by such
data as the Engineer may reasonably require. If payment is requested on the basis of materials and
equipment not incorporated in the work but delivered and suitably stored at or near the site, the
partial payment estimate shall also be accompanied by such supporting data, satisfactory to the
Owner, as will establish the Owner's title to the material and equipment and protect his interest
therein, including applicable insurance. The Engineer will, within ten days after receipt of each partial
payment estimate, either indicate in writing his approval of payment and present the partial payment
estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing
his reasons for refusing to approve payment. In the latter case, the Contractor may make the
necessary corrections and resubmit the partial payment estimate. The Owner will, within ten days of
presentation to him of an approved partial payment estimate, pay the Contractor a progress payment
on the basis of the approved partial payment estimate. The Owner shall retain ten (10 %) percent of
the amount of each payment until final completion and acceptance of all work covered by the
Contract Documents. The Owner at any time, however, after fifty (50 %) percent of the work has
been completed, if he finds that satisfactory progress is being made, may reduce the retained
percentage to five (5 %) percent on the current and remaining estimates. On completion and
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acceptance of a part of the work on which the price is stated separately in the Contract Documents,
payment may be made in full, including retained percentages, less authorized deductions.
2. The request for payment may also include an allowance for the cost of such major materials and
equipment which are suitably stored and insured either at or near the site.
3. All work covered by partial payment shall thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Contractor of the sole responsibility for the care and
protection of the work, material and equipment upon which payments have been made or the
restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of
all terms of the Contract Documents.
4. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the
final payment request that the work has been accepted by him under the conditions of the Contract
Documents. The entire balance found to be due the Contractor, including the retained percentages
shall be paid to the Contractor, except such sums as may be lawfully retained by the Owner for
saving the Owner or the Owner's agents harmless from all claims growing out of the lawful demands
of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and
parts thereof, equipment, tools and supplies, incurred in the furtherance of the performance of the
work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations
of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do
so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the
Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all
such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged
whereupon payment to the Contractor shall be resumed, in accordance with the terms of the
Contract Documents, but in no event shall the provisions of this sentence be construed to impose
any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any
unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment
made under the Contract Documents by the Owner to the Contractor and the Owner shall not be
liable to the Contractor for any such payments made in good faith.
5. If the Owner fails to make payment 30 days after approval by the Engineer, in addition to other
remedies available to the Contractor, there may be added to each such payment, interest at a
maximum rate of 1% per month commencing on the first day after said payment is due and
continuing until the payment is received by the Contractor.
GC -20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE:
1. The acceptance by the Contractor of final payment shall be and shall operate as a release to the
Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be
specifically excepted by the Contractor for all things done or furnished in connection with this work
and for every act and neglect of the Owner and other relating to or arising out of this work. Any
payment, however, final or otherwise, shall not release the Contractor or his Sureties from any
obligations under the Contract Documents or the Performance Bond and Payment Bonds.
GC -21. INSURANCE:
1. The Contractor shall purchase and maintain during the life of this Contract such insurance as will
protect him from claims set forth below which may arise out of or result from the Contractor's
execution of the work, whether such execution by himself or by any Subcontractor or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
1.1 Claims under Workman's Compensation, disability benefit and other similar employee
benefit acts,
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1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of
his employees,
1.3 Claims for damages because of bodily injury, sickness or disease or death of any person
other than his employees,
1.4 Claims for damages insured by usual personal injury liability coverage which are sustained
(1) by any person as a result of an offense directly or indirectly related to the employment of
such person by the Contractor or (2) by any other person; and
1.5 Claims for damages because of injury to or destruction of tangible property, including loss of
use resulting therefrom.
2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to
commencement of the work. These Certificates shall contain a provision that coverage afforded
under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been
given to the Owner.
3. The Contractor shall procure and maintain, at his own expense, during the life of the Contract,
liability insurance as hereinafter specified.
3.1 Contractor's General Public liability and Property Damage insurance including vehicle
coverage issued to the Contractor and protecting him from all claims for personal injury,
including death, and all claims for destruction of or damage to property, arising out of or in
connection with any operations under the Contract Documents, whether such operations be
by himself or by any Subcontractor under him or anyone directly or indirectly employed by
the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of
liability of not less than $500,000 for all damages arising out of bodily injury, including death,
at any time resulting therefrom, sustained by any one person in any one accident; and a limit
of liability of not less than $500,000 for any such damages sustained by two or more persons
in any one accident. Insurance shall be written with a limit of liability of not less than
$500,000 for all property damage sustained by any one person in any one accident; and a
limit of liability of not less than $500,000 for any such damage sustained by two or more
persons in any one accident.
3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage
insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the
Contractor and Subcontractor as their interest may appear. This provision shall in no way
release the Contractor or Contractor's Surety from obligations under the Contract
Documents to fully complete the Project,
4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in
accordance with the provisions of the laws of the state in which the work is performed, Workman's
Compensation Insurance, including occupational disease provisions, for all of his employees at the
site of the project and in case any work is sublet, the Contractor shall require such Subcontractor
similarly to provide Workman's Compensation Insurance, including occupational disease provision
for all of the latter's employees unless such employees are covered by the protection afforded by the
Contractor. In case any class of employees engaged in hazardous work under this Contract at the
site of the Project is not protected under Workman's Compensation statute, the Contractor shall
provide and shall cause each Subcontractor to provide adequate and suitable insurance for the
protection of his employees not otherwise protected.
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 Dollars ($1,000,000.00). The policy shall cover not less than the losses due to
fire, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke
22
during the contract time and until the work is accepted by the Owner. The policy shall name as the
insured the Contractor, the Engineer and the Owner.
GC -22. CONTRACT SECURITY:
1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner
with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract
price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms,
conditions and agreements of the Contract Documents and upon the prompt payment by the
Contractor to all persons supplying labor and materials in the prosecution of the work provided by the
Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding
company licensed to transact business in the state in which the work is to be performed and named
on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury
Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If
at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the
state in which the work is to be performed or is removed from the list of Surety Companies accepted
on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so,
substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or
Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the
Contractor. No further payments shall be deemed due nor shall be made until the new Surety or
Sureties shall have furnished an acceptable bond to the Owner.
GC -23. ASSIGNMENTS:
1. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract
or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without
written consent of the other party.
GC -24. INDEMNIFICATION:
1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and
employees from and against all claims, damages, losses and expenses including attorney's fees
arising out of or resulting from the performance of the work, provided that any such claim, damage,
loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole
or in part by any negligent or willful act or omission of the Contractor and Subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an
employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them, or
anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits payable by
or for the Contractor or any Subcontractor under Workman's Compensation acts, disability benefit
acts or other employee benefits acts.
3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer,
his agents or employees arising out of the preparation or approval of maps, drawings, opinions,
reports, surveys, change orders, design or specifications.
GC -25. SEPARATE CONTRACTS:
1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor
shall afford other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work and shall properly connect and coordinate his work with
theirs. If the proper execution or results of any part of the Contractor's work depends upon the work
23
of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects
in such work that render it unsuitable for such proper execution and results.
2. The Owner may perform additional work related to the Project by himself or he may let other
contracts containing provisions similar to these. The Contractor will afford the other Contractors who
are parties to such contracts (or the Owner, if he is performing the additional work himself),
reasonable opportunity for the introduction and storage of materials and equipment and the
execution of the work and shall properly connect and coordinate his work with theirs.
3. If the performance of additional work by other Contractors or the Owner is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
Contractor prior to starting any such additional work. If the Contractor believes that the performance
of such additional work by the Owner or others involves him in additional expense or entitles him to
an extension of the contract time, he may make a claim therefor as provided in Sections GC -13 and
GC -14.
GC -26. SUBCONTRACTING:
1. The Contractor may utilize the services of specialty Subcontractors on those parts of the work which,
under normal contracting practices, are performed by specialty Subcontractors.
2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50 %) percent of the
Contract Price, without prior written approval of the Owner.
3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his
Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts
and omissions of person directly employed by him.
4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as
applicable to the work of Subcontractors and to give the Contractor the same power as regards
terminating any subcontract that the Owner may exercise over the Contractor under any provision of
the Contract Documents.
5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor
and the Owner.
GC -27. ENGINEER'S AUTHORITY:
1. The Engineer shall act as the Owner's representative during the construction period. He shall decide
questions which may arise as to quality and acceptability of materials furnished and work performed.
He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer
will make visits to the site and determine if the work is proceeding in accordance with the Contract
Documents.
2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of
materials, workmanship and execution of the work. Inspections may be made at the factory or
fabrication plant or the source of material supply.
3. The Engineer will not be responsible for the construction means, controls, techniques, sequences,
procedures, or construction safety.
4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents.
24
GC -28. LAND AND RIGHTS -OF -WAY:
1. The Owner shall provide the Contractor information which delineates and describes the land owned
and right -of -way acquired.
2. The Contractor shall provide at his own expense and without liability to the Owner any additional
land or building and access thereto that the Contractor may desire for temporary construction
facilities, or for storage of materials.
GC -29. GUARANTEE:
1. The contractor shall provide a warranty on all work, materials and equipment incorporated into this
project. The warranty period shall not be less than one (1) year from the date of completion and shall
cover parts and labor.
GC -30. TAXES:
1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the
place where the work is performed.
GC -31. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY:
1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner
or of other railways, persons, or property, the work shall be so conducted as not to interfere with the
movement of trains or other operations of the railway, or, if in any case such interference be
necessary, the Contractor shall not proceed until he has first obtained specific authority and
directions therefor from the proper designated officer of the Owner and has the approval of the
Engineer.
GC -32. ORDER AND DISCIPLINE:
1. The Contractor shall at all times enforce strict discipline and good order among his employees and
any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in
any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged
immediately on the request of the Engineer and he shall not again be employed on the workout with
the Engineer's written consent.
GC -33. WARNING DEVICES AND SIGNS:
1. The Contractor shall furnish, erect, paint and maintain appropriate warning devices in and around the
construction area.
GC -34.
GC -35.
GC -36.
SPECIAL RESTRICTIONS: Not Used for this Project
AS -BUILT DRAWINGS: Not Used for this Project
ALLOWANCES: - Not Used for this Project
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SECTION SGC
INDEX TO SUPPLEMENTAL GENERAL CONDITIONS
SECTION TITLE
SGC -01. Contractor's Breakdown of Lump Sum Payment Items
SGC -02. Prior Use By Owner
SGC -03. Cleaning Up
SGC -04. Maintenance of Traffic
SGC -05. Maintenance of Access
SGC -06. Erosion Control and Restoration of Property
SGC -07. Safety and Health Regulations
SGC -08. Pre - Construction Conference
SGC -09. Settlement of Disputes
SGC -10. Open Records Act
26
SECTION SGC
SUPPLEMENTAL GENERAL CONDITIONS
SGC -01. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his
approval, a breakdown showing estimates of all costs apportioned to the major elements of design,
equipment, material and labor comprising the total work included under any of the lump sum items shown in
the proposal. These estimates as approved will serve as the basis for estimating of payments due on all
progress estimates.
SGC -02. PRIOR USE BY OWNER:
Prior to completion of all the work, the Owner may take over the operation and /or use of the incomplete
project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as final
acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents.
SGC -03. CLEAN -UP:
The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon
completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove
from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean
condition, satisfactory to the Engineer. Periodic cleaning will be scheduled by a representative of the owner.
SGC -04. MAINTENANCE OF TRAFFIC AND OPERATIONS:
The Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any
hazard arising out of the Contractor's operations and will be held responsible for any damage caused by
negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All
traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The
Contractor shall not block traffic on any street more than 30 minutes or without written permission from such
agency. Before leaving the work each night, it shall be placed in such condition as to cause the least
possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the
Owner may, with his own forces, provide signs, flagmen, barricades and /or passageways or clear the
pavement and deduct the cost thereof from sums due to the Contractor. Detours and traffic controls are to
be reviewed by Traffic Engineering before implementation.
SGC -05. MAINTENANCE OF ACCESS:
The Contractor will be required to maintain access to the establishment during all times it is normally open
for business. Bridges across open trenches and work areas, will be required to provide vehicular and
pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is
recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in
operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that
direct entrance is blocked.
SGC -06. EROSION CONTROL AND RESTORATION OF PROPERTY:
The Contractor will be required to schedule his work and perform operations in such a manner that siltation
and bank erosion will be minimized during all phases of construction. This work should included protective
measures in places before land disturbing activities begin in accordance with Federal, State and Local
Ordinances covering soil erosion and siltation prevention. Any areas disturbed during the course of
construction shall be restored to a condition equal or better than the original condition.
27
SGC -07. SAFETY AND HEALTH REGULATIONS:
The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction
promulgated under the Occupational, Health and Safety Act of 1970 (PL31 -596) and under Section 107 of
the Contract Work Hours and Safety Standards Act (PL91 -54).
SGC -08. PRE - CONSTRUCTION CONFERENCE:
A pre- construction conference may be held at an acceptable time to the Owner and the Contractor prior to
the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents.
SGC -09. SETTLEMENT OF DISPUTES:
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia,
U.S.A. All claims, disputes and other matters in question between Licensee and Icon Software Corporation
arising out of, or relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. Contractor, by executing this Agreement, specifically consents to venue and
jurisdiction in Richmond County, Georgia and waives any right to contest jurisdiction and venue in said Court
SGC -10. OPEN RECORDS ACT:
Contractor acknowledges that this Agreement and certain documentation may be subject to the Georgia
Open Records Act (O.C.G.A. § 50- 18 -70, et seq. Contractor shall cooperate fully in responding to such
request and shall make all records, not exempt, available for inspection and copying as required by law.
SPECIAL CONDITIONS
SC -01. LICENSE:
The successful bidder shall have a current Business license during the term of this contract. The license
shall be purchased form the Business License and Enforcement Department.
SC -02. COORDINATION OF WORK:
The Contractor shall coordinate his work with the Landscape Section of the Facilities Management Division
of Augusta Public Services Department as required for traffic control and access. All construction shall be in
accordance with the contract documents and applicable codes and regulations.
SC -03. OPERATION AND STORAGE AREAS:
The owner will not be responsible for providing security for any stored materials, on site or off.
SC -04. PRESERVATION OF EXISTING VEGETATION:
The Contractor will preserve and protect existing vegetation such as trees, shrubs and grass on or adjacent
to the site which do not unreasonably interfere with the construction as may be determined by the Engineer.
SC -05. CLEAN -UP:
The Contractor shall keep the premises free from the accumulation of waste material and rubbish. Upon
completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove
from the premises all rubbish and surplus materials to the satisfaction of the Engineer.
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SC -06. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF
CONTRACT:
To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a
temporary stopping of the work, or delaying of the work to be performed by CONSULTANT under this
agreement.
SC -07 DEFECTIVE PRICING:
To the extent that the pricing provided by CONSULTANT is erroneous and defective, the parties may, by
agreement, correct pricing errors to reflect the intent of the parties.
SC -08 SPECIFIED EXCUSES FOR DELAY OR NON - PERFORMANCE:
CONSULTANT is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and
other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be
equitably adjusted.
SC -09 HOLD HARMLESS:
SC - 10 GEORGIA PROMPT PAY ACT NOT APPLICABLE:
The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act.
SC -11 RIGHT TO INSPECT PREMISES:
Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of
CONSULTANT or any subcontractor of CONSULTANT or subunit thereof which is pertinent to the
performance of any contract awarded or to be awarded by Augusta, Georgia.
SC -12 E- VERIFY:
All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical
performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia
has registered with and is participating in a federal work authorization program. All contractors and
subcontractors must provide their E- Verify number and must be in compliance with the electronic verification
of work authorized programs operated by the United States Department of Homeland Security or any
equivalent federal work authorization program operated by the United States Department of Homeland
Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act
of 1986 (IRCA), P.L. 99 -603, in accordance with the applicability provisions and deadlines established in
O.C.G.A. § 13 -10 -91 and shall continue to use the federal authorization program throughout the contract
term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in
connection with the physical performance of services pursuant to its contract with Augusta, Georgia the
contractor will secure from such subcontractor(s) each subcontractor's E- Verify number as evidence of
verification of compliance with O.C.G.A. § 13 -10 -91 on the subcontractor affidavit provided in Rule 300 -10-
01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such
compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s)
is retained to perform such physical services.
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SC -13 LOCAL SMALL BUSINESS LANGUAGE:
In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and
maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small
Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements
of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with
AUGUSTA, GA. CODE § 1- 10- 129(d)(7), for all contracts where a local small business goal has been
established, the contractor is required to provide local small business utilization reports. Contractor shall
report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall
provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta,
Georgia. Such documents shall be in the format specified by the Director of minority and small business
opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such
reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of
the remedies set forth, including but not limited to, withholding payment from the contractor and /or collecting
liquidated damages.
SC -14 ACKNOWLEDGEMENT
"Consultant acknowledges that this contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law,
Consultant is deemed to possess knowledge concerning Augusta, Georgia's ability to assume
contractual obligations and the consequences of Consultant's provision of goods or services to
Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other
similar document, including the possibility that the Consultant may be precluded from recovering
payment for such unauthorized goods or services. Accordingly, Consultant agrees that if it provides
goods or services to Augusta, Georgia under a contract that has not received proper legislative
authorization or if the Consultant provides goods or services to Augusta, Georgia in excess of the
any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code,
Augusta, Georgia may withhold payment for any unauthorized goods or services provided by
Consultant. Consultant assumes all risk of non - payment for the provision of any unauthorized goods
or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the
provision of any unauthorized goods or services to Augusta, Georgia, however characterized,
including, without limitation, all remedies at law or equity." This acknowledgement shall be a
mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue
producing contracts.
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