HomeMy WebLinkAboutCONTRACT FOR THE REPLACEMENT OF ROOF ON THE RICHMOND COUNTY SHERIFF'S OFFICE SOUTH AUGUSTA PRECINCT BUILDING TO HORIZON ROOFING OF MONROE, GA •
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A312
BOND NO. 66194
Performance Bond
Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business):
Horizon Roofing, LLC American Southern Insurance Company
1557 South Broad Street 365 Northridge Road, Suite 400
Monroe, GA 30655 Atlanta, GA 30350
OWNER (Name and Address):
Augusta Central Services Dept.-Facilities Division
535 Telfair Street, Room 605
Monroe, GA 30655
CONSTRUCTION CONTRACT
Date: 08/08/17
Amount: $ 147,777.00
Description (Name and Location): Roof Replacement- RSCO South Precinct
Bid Item#17-179 -Monroe, GA 30655
BOND
Date(Not earlier than Construction Contract Date): 08/09/17
Amount: $ 147,777.00
Modifications to this Bond: X None I I See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Horizon Roofing, LLC American Southern Insurance Company
Signature: Signature: -dcttr,-
Name and Tit . Name and Title: Michael . Brown
50 ATTORNEY IN-FACT
Any additional signatures appear on page 3)
(FOR INFORMATION ONLY-Name, Address and Telephone:
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.• AIA®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W.WASHINGTON,DC 20006 A312-1984 1
THIRD PRINTING•MARCH 1987
1 The Contractor and the Surety,jointly and severally,bind which it may be liable to the Owner and, as
themselves,their heirs,executors,administrators,successors and soon as practicable after the amount is
assigns to the Owner for the performance of the Construction determined, tender payment therefor to the
Contract,which is incorporated herein by reference. Owner;or
2 If the Contractor performs the Construction Contract, the Surety .2 Deny liability in whole or in part and notify
and the Contractor shall have no obligation under this Bond, except the Owner citing reasons therefor.
to participate in conferences as provided in Subparagraph 3.1.
5 If the Surety does not proceed as provided in Paragraph 4
3 If there is no Owner Default, the Surety's obligation under this with reasonable promptness,the Surety shall be deemed to be
bond shall arise after: in default of this Bond fifteen days after receipt of an additional
written notice from the Owner to the Surety demanding that the
3.1 The Owner has notified the Contractor and the Surety perform its obligations under this Bond, and the Owner
Surety at its address described in Paragraph 10 below that the shall be entitled to enforce any remedy available to the Owner.
Owner is considering declaring a Contractor Default and has If the Surety proceeds as provided in Subparagraph 4.4, and
requested and attempted to arrange a conference with the the Owner refuses the payment tendered or the Surety has
Contractor and the Surety to be held not later than fifteen days denied liability, in whole or in part, without further notice the
after receipt of such notice to discuss methods of performing Owner shall be entitled to enforce any remedy available to the
the Construction Contract. If the Owner, the Contractor and Owner.
the Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but such an 6 After the Owner has terminated the Contractor's right to
agreement shall not waive the Owner's right, if any, complete the Construction Contract,and if the Surety elects to
subsequently to declare a Contractor Default;and act under Subparagraph 4.1, 4.2, or 4.3 above, then the
responsibilities of the Surety to the Owner shall not be greater
3.2 The Owner has declared a Contractor Default and than those of the Contractor under the Construction Contract,
formally terminated the Contractor's right to complete the and the responsibilities of the Owner to the Surety shall not be
contract, Such Contractor Default shall not be declared earlier greater than those of the Owner under the Construction
than twenty days after the Contractor and the Surety have Contract.To the limit of the amount of this Bond,but subject to
received notice as provided in Subparagraph 3.1;and commitment by the Owner of the Balance of the Contract Price
to mitigation or costs and damages on the Construction
3.3 The Owner has agreed to pay the Balance of the Contract Contract,the Surety is obligated without duplication for:
•
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform 6.1 The responsibilities of the Contractor for correc-
the Construction Contract in accordance with the terms of the tion of defective work and completion of the Construc-
contract with the Owner. tion Contract;
4 When the Owner has satisfied the conditions of Paragraph 3,the 6.2 Additional legal, design professional and delay
Surety shall promptly and at the Surety's expense take one of the costs resulting from the Contractor's Default, and re-
following actions. suiting from the actions or failure to act of the Surety
under Paragraph 4;and
4.1 Arrange for the Contractor,with consent of the Owner,to
perform and complete the Construction Contract;or 6.3 Liquidated damages, or if no liquidated damages
Undertake to perform and complete the Construction are specified in the Construction Contract, actual dam-
4.2ages caused by delayed performance or non-perfor-
Contract itself, through its agents or through independent mance of the Contractor.
contractors;or
7. The Surety shall not be liable to the Owner or others for
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the owner for a contract for Constructionbligarions of the Contractor that are unrelated to the
performance and completion of the Construction Contract, Contract,reduced and the Balance the Contract ch
arrange for a contract to be prepared for execution by the unshall not ble or set off on accountsllof any such
Owner and the contractor selected with the Owner's Bond tot any persongions. enotity
yrig t rf action shall accrue heirs,this
concurrence, to be secured with performance and payment Bond , or rs,or ecce thanr the Owner or its
bonds executed by a qualified surety equivalent to the bonds executors,administrators,or successors.
issued on the Construction Contract,and pay to the Owner the
8. The Surety hereby waives notice of any change,includ-ing
amount of damages as described in Paragraph 6 in excess of
changes of time, to the Construction Contract or to related
the Balance of the Contract Price incurred by the Owner
resulting from the Contractor's default;or subcontracts,purchase orders and other obligations.
9. Any proceeding,legal or equitable,under this Bond may be
4.4 Waive its right to perform and complete, arrange for
completion, or obtain a new contractor and with reasonable instituted in any court of competent jurisdiction in the location
promptness under the circumstances: in which the work or part of the work is located and shall be
instituted within two years after Contractor Default or within two
years after the Contractor ceased working or within two years
1 After investigation,determine the amount for after the Surety refuses or fails to perform its obligations under
this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law,the minimum period of
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.• AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W.WASHINGTON,DC 20006 A312-1984 2
THIRD PRINTING•MARCH 1987
limitation available to sureties as a defense in the jurisdiction received by the Owner in settlement of insurance or
of the suit shall be applicable. other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments
10 Notice to the Surety,the Owner or the Contractor shall made to or on behalf of the Contractor under the
be mailed or delivered to the address shown on the Construction Contract.
signature page.
12.2 Construction Contract: The agreement
11 When this Bond has been furnished to comply with a between the Owner and the Contractor identified on
statutory or other legal requirement in the location where the signature page, including all Contract
the construction was to be performed,any provision in this Documents and changes thereto.
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions 12.3 Contractor Default: Failure of the Contractor,
conforming to such statutory or other legal requirement which has neither been remedied nor waived,to per-
shall be deemed incorporated herein.The intent is that this form or otherwise to comply with the terms of the
Bond shall be construed as a statutory bond and not as a Construction Contract.
common law bond.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which
has neither been remedied nor waived, to pay the
12.1 Balance of the Contract Price: The total Contractor as required by the Construction Contract
or to perform and complete or comply with the other
amount payable by the Owner to the Contractor terms thereof.
under the Construction Contract after all proper
adjustments have been made, including allowance
to the Contractor of any amounts received or to be
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.• AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.WASHINGTON,DC 20006 A312-1984 3
THIRD PRINTING•MARCH 1987
•
=mat THE AMERICAN INSTITUTE OF ARCHITECTS
BOND NO. 66194
Payment Bond
Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Horizon Roofing, LLC American Southern Insurance Company
1557 South Broad Street 365 Northridge Road, Suite 400
Monroe, GA 30655 Atlanta, GA 30350
OWNER (Name and Address):
Augusta Central Services Dept.-Facilities Division
535 Telfair Street, Room 605
Monroe, GA 30655
CONSTRUCTION CONTRACT
Date: 08/08/17
Amount: $ 147,777.00
Description (Name and Location): Roof Replacement-RSCO South Precinct
Bid Item#17-179 -Monroe, GA 30655
BOND Date (Not earlier than Construction Contract Date):08/09/17
Amount: $ 147,777.00
Modifications to this Bond: X None n See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Horizon Roofing, LLC American Souther Insurance Co g. y
Ijle
Signature: IA = ,4.3..: Signature: 24
Name and Title: c.rr�' Name and Title Michael J. Br.' n
ATTORNEY-IN-FACT
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
or other party):
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.• AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.WASHINGTON,DC 20006 A312-1984 4
THIRD PRINTING•MARCH 1987
1 The Contractor and the Surety,jointly and severally bind 6 When the Claimant has satisfied the conditions of Paragraph 4,the
themselves,their heirs,executors,administrators,successors and Surety shall promptly and at the Surety's expense take the following
assigns to the Owner to pay for labor,materials and equipment actions:
furnished for use in the performance of the Construction Contract,
which is incorporated herein by reference. 6.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating the
2 With respect to the Owner, this obligation shall be null and void if amounts that are undisputed and the basis for challenging any
the Contractor: amounts that are disputed.
2.1 Promptly makes payment,directly or indirectly,for all sums 6.2 Pay or arrange for payment of any undisputed amounts.
due Claimants,and
2.2 Defends, indemnifies and holds harmless the Owner from 7 The Surety's total obligation shall not exceed the amount of this
claims, demands, liens or suits by any person or entity whose Bond, and the amount of this Bond shall be credited for any
claim, demand, lien or suit is for the payment for labor, payments made in good faith by the Surety.
materials or equipment furnished for use in the performance of
the Construction Contract, provided the Owner has promptly 8 Amounts owed by the Owner to the Contractor under the
notified the Contractor and the Surety (at the address Construction Contract shall be used for the performance of the
described in Paragraph 12) of any claims, demands, liens or Construction Contract and to satisfy claims, if any, under any
suits and tendered defense of such claims, demands, liens or Construction Performance Bond. By the Contractor furnishing and
suits to the Contractor and the Surety,and provided there is no the Owner accepting this Bond, they agree that all funds earned by
Owner Default. the Contractor in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and the Surety
3 With respect to Claimants, this obligation shall be null and void if under this Bond, subject to the Owner's priority to use the funds for
the Contractor promptly makes payment, directly or indirectly, for all the completion of the work.
sums due.
9 The Surety shall not be liable to the Owner,Claimants or others
4 The Surety shall have no obligation to Claimants under this Bond for obligations of the Contractor that are unrelated to the
until: Construction Contract. The Owner shall not be liable for payment of
any costs or expenses of any Claimant under this Bond, and shall
4.1 Claimants who are employed by or have a direct contract have under this Bond no obligations to make payments to, give
with the Contractor have given notice to the Surety (at the notices on behalf of, or otherwise have obligations to Claimants
address described in Paragraph 12)and sent a copy,or notice under this Bond.
thereof,to the Owner,stating that a claim is being made under
this Bond and, with substantial accuracy, the amount of the 10 The Surety hereby waives notice of any change, including
claim. changes of time, to the Construction Contract or to related
subcontracts,purchase orders and other obligations.
4.2 Claimants who do not have a direct contract with the
Contractor: 11 No suit or action shall be commenced by a Claimant under this
Bond other than in a court of competent jurisdiction in the location in
.1 Have furnished written notice to the Contractor and which the work or part of the work is located or after the expiration of
sent a copy, or notice thereof, to the Owner, within one year from the date (1) on which the Claimant gave the notice
90 days after having last performed labor or last required by Subparagraph 4.1 or Clause 4.2.3, or(2) on which the
furnished materials or equipment included in the last labor or service was performed by anyone or the last materials or
claim stating, with substantial accuracy, the amount equipment were furnished by anyone under the Construction
of the claim and the name of the party to whom the Contract,whichever of(1)or(2)first occurs. If the provisions of this
materials were furnished or supplied or for whom the Paragraph are void or prohibited by law, the minimum period of
labor was done or performed;and limitation available to sureties as a defense in the jurisdiction of the
suit shall be applicable.
.2 Have either received a rejection in whole or in part
from the Contractor, or not received within 30 days 12 Notice to the Surety, the Owner or the Contractor shall be mailed
of furnishing the above notice any communication or delivered to the address shown on the signature page. Actual
from the Contractor by which the Contractor has receipt of notice by Surety, the Owner or the Contractor, however
indicated the claim will be paid directly or indirectly; accomplished, shall be sufficient compliance as of the date received
and at the address shown on the signature page.
.3 Not having been paid within the above 30 days, 13 When this Bond has been furnished to comply with a statutory or
have sent a written notice to Surety(at the address other legal requirement in the location where the construction was to
described in Paragraph 12) and sent a copy, or be performed, any provision in this Bond conflicting with said
notice thereof, to the Owner, stating that a claim is statutory or legal requirement shall be deemed deleted herefrom and
being made under this Bond and enclosing a copy of provisions conforming to such statutory or other legal requirement
the previous written notice furnished to the shall be deemed incorporated herein. The intent is that this Bond
Contractor. shall be construed as a statutory bond and not as a common law
bond.
5 If a notice required by Paragraph 4 is given by the Owner to the
Contractor or to the Surety,that is sufficient compliance.
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.• AIA O
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.WASHINGTON,DC 20006 A312-1984 5
THIRD PRINTING•MARCH 1987
14 Upon request by any person or entity appearing to be a potential required for performance of the work of the Contractor and the
beneficiary of this Bond,the Contractor shall promptly furnish a copy Contractor's subcontractors, and all other items for which a
of this Bond or shall permit a copy to be made. mechanic's lien may be asserted in the jurisdiction where the
labor,materials or equipment were furnished.
15 DEFINITIONS
15.2 Construction Contract: The agreement between the
15.1 Claimant:An individual or entity having a direct contract Owner and the Contractor identified on the signature page,
with the Contractor or with a subcontractor of the Contractor to including all Contract Documents and changes thereto.
furnish labor, materials or equipment for use in the
performance of the Contract. The intent of this Bond shall be 15.3 Owner Default: Failure of the Owner,which has neither
to include without limitation in the terms "labor, materials or been remedied nor waived, to pay the Contractor as required
equipment" that part of water, gas, power, light, heat, oil, by the Construction Contract or to perform and complete or
gasoline, telephone service or rental equipment used in the comply with the other terms thereof.
Construction Contract, architectural and engineering services
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.• AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W.WASHINGTON,DC 20006 A312-1984 6
THIRD PRINTING•MARCH 1987
AMERICAN SOUTHERN INSURANCE COMPANY
Home Office: 3715 Northside Parkway, NW Mailing Address: P. O. Box 723030
Suite 4-800 Atlanta, GA 31139-0030
Atlanta, Georgia 30327
GENERAL POWER OF ATTORNEY
Know all men by these Presents, that the American Southern Insurance Company had made, constituted and
appointed, and by these presents does make, constitute and appoint Stefan E. Tauger of Parker, Colorado;Scott E. Stoltzner
of Hoover, Alabama; Arthur S. Johnson of Atlanta, Georgia; Andrew C. Heaner of Atlanta, Georgia; Jeffery L. Booth of
Blacklick, Ohio; James E. Feldner of West Lake, Ohio; Patricia E. Martin of Lutz, Florida; David R. Brett of Columbia, South
Carolina; Stanley B. Oliver, Jr. of Charlotte, North Carolina; Melanie J. Stokes of Atlanta, Georgia; Jason S. Centrella of
Jacksonville, Florida; Michael K. Thompson of Atlanta, Georgia; Michael J. Brown of Cumming, Georgia; or Kelley E.M. Nys
of Decatur, Georgia, EACH as its true and lawful attorney for it and its name, place and stead to execute on behalf of the said
company, as surety, bonds, undertakings and contracts of suretyship to be given to all obligees provided that no bond or
undertaking or contract of suretyship executed under this authority shall exceed in amount of the sum of$1,000,000 (one
million dollars), including but not limited to consents of surety for the release of retained percentages and/or final estimates
on construction contracts or similar authority requested by the Department of Transportation, State of Florida; and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of the presents, shall be as
binding upon the Company as if they had been duly signed by the President and attested by the Secretary of the Company in
their own proper persons.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted pursuant to due authorization by the Executive Committee of the Board of Directors of the American
Southern Insurance Company on the 26th day of May, 1998:
RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them
hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute
in behalf of the American Southern Insurance Company bonds, undertakings and all contracts of suretyship; and that any
Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any
such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such
Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing
such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future,
with respect to any bond undertaking or contract of suretyship to which it is attached.
In Witness Whereof, the American Southern Insurance Company has caused its official seal to be hereto afficed,•and
these presents to be signed by its President and attested by its Corporate Secretary this 315!day of May, 200.Gt. cl.)1 e,
Attest American Southern Insur,i e Comsat,'.~
"ANK)1 „ , 'r.1401V. „ .,c7C.
.��N —) By • ���` a, '''"t ' :__
Melonie Coppola, Cor orate Se re :. )u�
Corporate ary • Scott . Thompson, reSidbnt;,.�,
On this 31s°day of May,2017,before me personally came Scott G.Thompson to me known,who being by me duly sworn,dirt de se,anc( bdt
he resides in Atlanta,in the County of Fulton,State of Georgia,at 421 Hollydale Court;that he is the President of American Southern(nkur ce��t;ompany,
the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal aflixefi!tb /lie said
instrument is such corporate seal;that it was so affixed and that he signed his name th- eto pursuant to due authorisation.
•
Candace T.Cheatham,Notary Public,State of Georgia
State of Georgia Commission Expires December 7,2017
I, the undersigned,a Vice President of American Southern Insurance Company, a Kansas Corporation, DO HEREBY CERTIFY that the foregoing
and attached Power of Attorney remains in full force and has not been revoked; and, furthermore, that the Resolution of the Executive Committee of the
Board of Directors set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Atlanta.Dated the 9th day of August 2017 00‘1111118101,,,,
/
Power No. 43745Ji NO1ARy�'o'
ohn R. t, Vice Presi
Bond No. 66194ode
- • � °usttc
/4•'?07.20) ()CL
'' COUnIfY,G „s‘
EXHIBIT II
Roof Replacement — RCSO South Augusta Precinct
Bid Item # 17- 179
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 Conditions 26-28
SC Special Conditions 28
1
SECTION NA
NOTICE OF AWARD
TO: Horizon Roofing
1557 South Broad Street
Monroe, GA 36009
PROJECT DESCRIPTION: Roof Replacement-RCSO South Precinct
The Owner has considered the BID submitted by you for the PROJECT named above in response to its Bid Item
# 17-179 due on April 27, 2017.
You are hereby notified that your BID (Including Alternates - Nonel has been accepted in the amount of One
hundred forty-seven thousand,seven hundred seventy seven and no/100 dollars ($ 147,777.00).
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 8th day of August, 2017
BY:
Richard M. Acree, Jr., Project Manager
Central Services Department
ACCEPTANCE OF NOTICE p^
Receipt of the above NO E OF AWARD is hereby acknowledged on this day of/154, /(J .
BY:
7 v�
TITLE: /i , • .
2
SECTION A
AGREEMENT
THIS AGREEMENT, made this 8th day of August, 2017, by and between Augusta
Georgia, a political subdivision of the State of Georgia, hereinafter called "Owner" and Horizon
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 Roof Replacement - RCSO South
Precinct. All work is to be in accordance with plans prepared by the owner as included
in Bid Item # 17-179 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 Thirty
(30) calendar days after the date of the Notice of Award and will complete the work not
later than Ninety (90) calendar 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 for
the sum of One hundred forty-seven thousand, seven hundred seventy-seven
and no/100 dollars ($147,777.00).
5. The term "Contract Documents" means and includes the following:
Advertisement for Bids Request for Bids# 17-179
Bid Bond Notice of Award Agreement
Performance/Payment Bonds Certificate of Owner's Attorney Notice to Proceed
Change Order(s) General Conditions Plans
Supplemental General Conditions Special Conditions Technical Specifications
Addendum#1 to Bid Item 17-179
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:
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BY: G�.�,�.C� NAIJI.4011.7,..4.,;.;„,,c1,.7
1 �� `.ri,/�, " �//
�/f,,k, Hardie Davis (Mayor) Lena Bonner Cle � wilG. 06>
1
CONTRACTOR: /hv ' ?ci.i / o 0*-i-.'r`3 ATTEST: "�,
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BY: 1‘..(' r .
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J,`:cF op JSIfr
I ''' CONAME: t NAME: J-ennlittl"v` Ivl I l i woDd
(Type or Print) (Type or Print)
TITLE: ML. ,„ a.j e r TITLE: Corp- S'-ecr tztrq
ADDRESS:
45:r 7 J-;u 4 4 iraek..dl f II
/11Qexrae -G 306 SS
4
SECTION PB
PERFORMANCE BOND (This is a sample format 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
La 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 Roof Replacement - RCSO South Precinct, Augusta, Georgia, in
accordance with the specifications issued by the Augusta Recreation Parks and Facilities 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 By (Seal)
(Title)
Witness (Seal)
(Surety)
Attest By (Seal)
(Title)
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 (This is a sample 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 Roof Replacement - RCSO South Precinct, in accordance with
specifications issued by the Augusta Recreation Parks and Facilities 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 the Contractor, Owner or Surety, at any place where
7
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)
Attest By (Seal)
(Title)
Witness (Seal)
(Surety)
Attest By (Seal)
(Title)
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 /140irew ,/r/G` (A 2r' 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.
://1
�,
Andrew G. MacKenzie
General Counsel
Augusta, Georgia Law Department
DATE:
9
SECTION NP
NOTICE TO PROCEED
TO: h/or►P?Qti /(a Q.-,,yDATE: F- (� - , 2017
s� �
i J
s sQ��1� ,-oma.cJs
,Zkok rc� Ga, 3 cs6.515'
PROJECT: Roof Replacement - RCSO South Precinct
You are hereby notified to commence work in accordance with the Agreement dated August 8,
2017.
This Notice accompanies the accepted Shop Drawings. You are to complete the work not later
than 100 days following the issuance of this Notice to Proceed.
BY:
Richard M. Acree, Jr., Project Manager
Central Services Department
ACCEPTANCE OF NOTICE /
Receipt of the above NOTICE TO PROCEED is hereby acknowledged on this d day of 47.77,1. .207
BY: , 14
TITLE: /2 4 4 7 r
10
SECTION GC
GENERAL CONDITIONS
INDEX TO ARTICLES OF GENERAL CONDITIONS
Section Page
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 Project Manager'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
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 Project Manager.
12. 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 Project Manager to the Contractor
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 Contractor 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.
16. PROJECT: The undertaking to be performed as provided in the Contract Documents.
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17. PROJECT MANAGER: The authorized representative of the Owner who is assigned to the project or any
part thereof. For purposes of this contract, the Project Manager for the Central
Services Department or his designated representative shall act as the Project
Manager.
18. 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.
19. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical
nature or materials, equipment, construction systems, standards and workmanship.
20. 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.
21. SUBSTANTIAL COMPLETION: That date as certified by the Project Manager when the construction of the
project or a specified part can be utilized for the purposes for which it is intended.
22. 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.
23. 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.
24. 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.
25. WRITTEN NOTICE: Written notice to any party of the Agreement relative to any part of this Agreement.
Said Notice is considered delivered and the service thereof completed, when posted by
certified or registered mail to the said party at his last given address or delivered in person
to said party or his authorized representative on the work.
GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS:
1. The Contractor may be furnished additional instructions or detail drawings, by the Project Manager, 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
13
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 Project Manager, 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 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 Project Manager
shall promptly review all shop drawings. The Project Manager'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 Project Manager'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 Project Manager. 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 Project Manager.
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.
14
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 Project Manager.
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 other that the
Contractor, the Contractor will give the Project Manager timely notice of readiness. The Contractor will then
furnish the Project Manager the required certificates of inspection, testing or approval.
5. Neither observation by the Project Manager 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 Project Manager 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 Project Manager, it must, if requested by the
Project Manager, be uncovered for his observation and replaced at the Contractor's expense.
8. If any work has been covered which the Project Manager has not specifically requested to observe prior to
its being covered or if the Project Manager considers it necessary or advisable that covered work be
inspected or tested by others, the Contractor at the Project Manager's request, will uncover, expose or
otherwise make available for observation, inspection or testing as the Project Manager 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 Project Manager 24 hours notice of starting any new work. No work shall be
done or materials used without suitable supervision and inspection by the Project Manager. The Contractor
shall furnish the Project Manager with necessary samples of material for testing purposes.
15
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
Project Manager, such material, article or piece of equipment is of equal substance and function to that
specified, the Project Manager 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 Project Manager.
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 Project Manager 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.
16
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 Project Manager 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 Project Manager or Owner, shall act to
prevent threatened damage, injury or loss. He will give the Project Manager 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 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.
2. All contracts shall provide that Augusta, Georgia may, at reasonable times, inspect the part of the plant,
place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the
performance of any contract awarded or to be awarded by Augusta, Georgia
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 Project Manager, 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
Project Manager 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 Project Manager 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.
17
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.
2. Defective pricing. To the extent that the pricing provided by Contractor is erroneous and defective,
the parties may, by agreement, correct pricing errors to reflect the intent of the parties.
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 Project Manager for failure
to comply with the Contract Documents,whether incorporated in the construction or not and the Contractor
shall promptly replace and re-execute the work in accordance with the Contract Documents and without
expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed
or damaged by such removal or replacement.
2. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not
take action to remove such rejected work within ten (10)days after receipt of written notice, the Owner may
remove such work and store the materials at the expense of the Contractor.
3. Any omissions or failure on the part of the Project Manager 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 Project Manager shall not consider
the defect of sufficient importance to require the Contractor to rebuild or replace any imperfect work or
material, he shall have the power and is hereby authorized to make an equitable deduction from the
stipulated price.
GC-17. SUBSURFACE CONDITIONS:
1. The Contractor shall promptly and before such conditions are disturbed, except in the event of an
emergency, notify the Owner by written notice of:
1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents.
1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided for
in the Contract Documents.
2. The Owner shall promptly investigate the conditions and if he finds that such conditions do so materially
differ and cause an increase or decrease in the cost of, or in the time required, for performance of the work,
an equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order.
18
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 Project Manager 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 Project Manager, or if, in the opinion of the Project Manager, 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 Project
Manager and incorporated in a Change Order.
3. The Contractor must obtain permission from the Project Manager before any equipment can be removed
from the job site. In the event such equipment is removed without the Project Manager'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 Project Manager, 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 Project Manager 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 Project Manager 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 Project Manager, 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 Project Manager 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 Project Manager, stop the work until he
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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 Project Manager 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 Project Manager.
8. Specified excuses for delay or non-performance.
Contractor 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
9. Termination of the Agreement for Default
Failure of the Contractor, which has not been remedied or waived, to perform or otherwise comply
with a material condition of the Agreement shall constitute default. The Owner may terminate this
contract is part or in whole upon written notice to the Contractor pursuant to this term.
GC-19. PAYMENTS TO THE CONTRACTOR:
1. Between the first (1st) and the fifth (5th) of each month, the Contractor will submit to the Project Manager
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
Project Manager 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 Project Manager will, within ten days after receipt of each partial payment estimate, either
indicate in writing his approval of payment and present the partial payment estimate to the Owner, or return
the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve
payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial
payment estimate. The Owner will, within ten days of presentation to him of an approved partial payment
estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate.
The Owner shall retain ten (10%) percent of the amount of each payment until final completion and
acceptance of all work covered by the Contract Documents. The Owner at any time, however, after fifty
(50%) percent of the work has been completed, if he finds that satisfactory progress is being made, may
reduce the retained percentage to five(5%)percent on the current and remaining estimates. On completion
and acceptance of a part of the work on which the price is stated separately in the Contract Documents,
payment may be made in full, including retained percentages, less authorized deductions.
2. The request for payment may also include an allowance for the cost of such major materials and equipment
which are suitably stored and insured either at or near the site.
3. All work covered by partial payment shall thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Contractor of the sole responsibility for the care and
protection of the work, material and equipment upon which payments have been made or the restoration
of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the
Contract Documents.
4. Upon completion and acceptance of the work, the Project Manager 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
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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 Project Manager, 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.
6. Prohibition Against Contingency Fees: The Contractor warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by Contractor for the purpose of securing business
and that the Contractor has not received any non-Owner fee related to this Agreement without the prior
written consent of Owner. For breach or violation of this warranty, the Owner shall have the right to annul
this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the
full amount of such commission, percentage, brokerage or contingent fee.
7. Georgia Prompt Pay Act not Applicable. The terms of this agreement supersede any and all provisions of
the Georgia Prompt Pay Act.
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,
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,
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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.
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 during the contract time
and until the work is accepted by the Owner. The policy shall name as the insured the Contractor, the
Project Manager 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
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removed from the list of SuretyCompanies accepted on Federal Bonds, Contractor p pcto 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 Project Manager 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 Project Manager 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 Project Manager,
his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports,
surveys, change orders, design or specifications.
GC-25. SEPARATE CONTRACTS:
1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall
afford other contractors reasonable opportunity for the introduction and storage of their materials and the
execution of their work and shall properly connect and coordinate his work with theirs. If the proper
execution or results of any part of the Contractor's work depends upon the work of any other Contractor,
the Contractor shall inspect and promptly report to the Project Manager 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.
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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. PROJECT MANAGER'S AUTHORITY:
1. The Project Manager 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 Project Manager
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 Project Manager will not be responsible for the construction means, controls, techniques, sequences,
procedures, or construction safety.
4. The Project Manager shall promptly make decisions relative to interpretation of the Contract Documents.
GC-28. LAND AND RIGHTS-OF-WAY:
1. The Owner shall provide the Contractor information which delineates and describes the land 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.
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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 Project Manager.
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 Project Manager and he shall not again be employed on the workout with the Project
Manager'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. 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
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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
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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 Project Manager 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 Project Manager. 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.
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).
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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.
SGC-11. LIQUIDATED DAMAGES:
The Contractor agrees to pay as liquidated damages to the Owner the sum of $ NONE for each
consecutive calendar day after expiration of the Contract Time of Completion Time,except for authorized extensions
of time by the Owner. The parties agree that these provisions for liquidated damages are not intended to operate
as penalties for breach of Contract.
The liquidated damages set forth above are not intended to compensate the Owner for any damages other than
inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall
not preclude the Owner from recovering other damages in addition to the payments made hereunder which the
Owner can document as being attributable to the documented Contractor failures. In addition to other costs that
may be recouped, the Owner may include costs of personnel and assets used to coordinate, inspect, and re-inspect
items within this Contract as well as attorney fees if applicable.
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 Project Manager.
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 Project Manager.
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SC-06. USE OF AUGUSTA, GEORGIA LANDFILL:
All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain
a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the
Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide
evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and
location of the disposal facility, date of disposal and all related fees.
SC-07. 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.auqustaqa.qov. 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-08. 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
ACKNOWLEDGMENT
"Contractor 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, Contractor is deemed to possess knowledge
concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor'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 Contractor may be precluded from
recovering payment for such unauthorized goods or services.Accordingly, Contractor agrees that if it provides
goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or
if the Contractor 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 Contractor. Contractor assumes all risk of non-payment for
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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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