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HomeMy WebLinkAboutAPPLEGRAPH CONSTRUCTION AUGUSTA MINI THEATRE SITE FENCING 2548 DEANS BRIDGE ROAD PROJECT CDBG 09031 co • c 0 1 PROJECT MANUAL 1 AUGUSTA MINI THEATRE SITE FENCING 1 2548 DEANS BRIDGE ROAD, AUGUSTA, GA 30906 PROJECT NUMBER: CDBG #09031 1 GRANT RECIPIENT AUGUSTA MINI THEATRE, INC. 2548 DEANS BRIDGE ROAD 1 AUGUSTA, GA 30906 ' ARCHITECT ' 2KM ARCHITECTS 2275 WRIGHTSBORO ROAD AUGUSTA, GA 30904 ' 706- 736 -3333 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT ' 925 LANEY - WALKER BOULEVARD, SECOND FLOOR AUGUSTA, GA 30901 PHONE (706) 821 -1797 FAX (706) 821 -1784 1 Asa C= - A 1 1 TABLE OF CONTENTS SECTION TITLE PAGE SECTION A BIDDING INFORMATION Invitation For Bids A- 1 Sealed Bid Selection Method A 2 Small Business Program Disclaimer A Instructions for "Attachment B" A-6 Attachment B (Bidding Requirement) A7 - A9 (Statement of Non Non Affidavit of Prime Bidder /Offeror; Conflict of Interest & Contractor Affidavit & Agreement) Subcontractor's Affidavit A- 10 Non-Collusion Affidavit of Subcontractor A Local Small Business Opportunity Program Forms Al2-A14 SECTION B BIDDING REQUIREMENTS Attachment B (Pages A7 - A9) See Section A (Statement of Non Non - Collusion Affidavit of Prime Bidder/Offeror; Conflict of Interest & Contractor Affidavit & Agreement) 1 Bid Form & Tabulation B- 1 Representations, Certifications & Other Statements of Bidders B- 5 I Bidder's Qualifications B ARC Business License B 1 Georgia General Contractor's License B I Bid Bond B-17 Certificate as to Corporate Principal B 1 1 1 SECTION TITLE PAGE Wage Decision Transcript D Contractor Reporting Requirements D-55 Davis-Bacon Poster — W-1321 D-62 1 Instructions for Development of Affirmative D Action Programs 1 Affirmative Action Goals and Timetables D-69 Certification of Non-Segregated Facilities D-74 — Contractor I Certification of Non-Segregated Facilities D-75 — Subcontractor SECTION E PRE CONSTRUCTION Preconstruction Agenda E 1 SECTION F TECHNICAL SPECIFICATIONS 1 1 1 1 1 1 1 1 1 1 1 SECTION A 1 BIDDING INFORMATION 1 • Invitation To Bids • Sealed Bid Selection Method 1 • Small Business Program Disclaimer 1 • Attachment B — Pages 1 -3 (Statement of Non - Discrimination: Non - Collusion Affidavit of Prime Bidder /Offeror: Conflict of Interest & Contractor Affidavit & Agreement) • Subcontractor Affidavit • Non- Collusion Affidavit of Subcontractor • Local Small Business Opportunity Program Forms 1 1 1 1 • Invitation To Bid Sealed bids will be received at this office until 3:00 p.m., Thursday, May 27, 2010 for furnishing: Bid Item #10 -129 Augusta Mini Theater Site Fencing for Housing Community Development Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706 - 821 -2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street — Room 605, Augusta, GA 30901. Plans and specifications for both projects shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blueprint. The fees for the plans and specifications which are non - refundable is $25.00. Documents may also be examined during regular business hours at the F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.auqustablue.com) at no charge through Augusta Blueprint (706 722 -6488) beginning Thursday, April 15, 2010. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre -Bid Conference will be held on Tuesday, May 11, 2010 @ 2:00 p.m. in the Procurement Department — Room 605. All questions must be submitted in writing to the office of the Procurement Department by fax at 706 - 821 -2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Thursday, May 13, 2010 by 5:00 p.m. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program but rather pursuant to its code of ordinances, this local government operates instead a Local Small Business Opportunity Program. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 15, 22, 29, May 6, 2010 Metro Courier April 21, 2010 cc: Tameka Allen Interim Deputy Administrator Chester Wheeler Housing Community Development Rose White Housing Community Development Vicki Johnson Housing Community Development Henry Holt Housing Community Development THE METRO COURIER APRIL 15, 2010 PAGE 11 INVITATION TO BID Sealed bids will be received at this office until 3:00 p.m. Thursday, May 27, 2010 FOR FURNISHING: I Bid item #10 -129 Augusta Mini Theater Sity Fencing for Housing Community Development Department Bids will be received by Augusta, GA Commission hereinafter as the OWNER at I the offices of: Geri A. Sams, Director Augusta Procurement Department I 530 Greene Street - Room 605 Augusta, Georgia 30911 706 - 821 -2422 I Bid documents may be examined at the Office of the Augusta, GA Procurement Department, 530 Greene Street —Room 605, Augusta, GA 30901. Plans and speci- fications for both projects shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blueprint. The fees for the plans and speci- fications, which are non - refundable, is $25.00 I Bid documents may be examined during regular business hours at the F.W. Dodge Plan Room 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that at businesses are given the opportunity to submit on this project. To facilitate this . I policy, the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blueprint (706 -821 -0405) beginning Thursday, April 15, 2010. Bidders are cautioned that submitting a pack- I age without Procurement of a complete set are likely to overlook issues of con- struction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of this project. Bidders are cautioned that sequestration of documents through any other sources places the bidder at the risk of receiving incomplete or inaccurate information upom which to base his qualification. I A Mandatory Pre -Bid Conference will be held on Tuesday, May 11, 2010 10:00 a.m. in the Procurement Department, Room 605. All questions must be submitted in writing to the office of the Procurement Department by fax at I 706 -821 -2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand - delivered. All questions are to be submitted in writing by Thursday, May 13, 2010 by 5:00 p.m. 1 . No Bid ma be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% perfor- mance bond and a 100 %payment bond will be required for award. An invitation for bids shall be issued by the Procurement Offrice and shall include I specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific I requirements contained in the invitation to bid including, but not limited to, the I number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are con- _ sidered material conditions of the bid which are not waiveable or modifiable by the I 1 Procurement Director. Please mark BID number on the outside of the envelope. Augusta - Richmond County, Georgia does not operate a DBE, MBE or WBE pro - gram but rather pursuant to its code of ordinances, this local government operates I !s instead a Local Small Business Opportunity Program. GERI A. SAMS. Procurement Director II SEALED BIDS SELECTION METHOD I A method for submitting a bid to perform work on a proposed contract. In enera g I, each party interested submits a bid in a sealed envelope, and all such bids are opened at the same time and the most favorable responsible bid is I accepted. All bid responses will be retained as property of Augusta- Richmond County. Conditions for use. All contracts of Augusta- Richmond County shall be awarded by competitive sealed bidding except as otherwise provided elsewhere in this article (see § 1 -10 -45 - Sealed Proposals; 1 -10-46 - Professional I Services; 1 -10-47 - Quotations; 1 -10-49 - Sole Source Procurement; and 1 -10 -50 - Emergency Procurements, of this chapter). I Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. I Pre -bid conference and addendum. A conference to be conducted by the Procurement Director and using agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of bids. While the pre -bid conference is not a requirement, it is strongly recommended and widely used to further acquaint interested bidders I with the bid requirements and items to be purchased and vendor input. Any substantive changes to specifications resulting from the pre -bid conference or other vendor /contractor sessions shall be documented in an addendum and communicated to all bidders registered for the procurement action. I Bid opening. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the public notice and invitation for bids. The amount of each bid, and such other relevant information as the Procurement Director deems appropriate, together with the name of each bidder shall be recorded; the record I and each bid shall be open to public inspection in accordance with § 1 -10 -5 (Public Access to Procurement Information). Bid acceptance and bid evaluation. Provided that the bids are delivered to the Procurement Director at the time, I place, and under the conditions contained in the Invitation for Bids, the bids shall be conditionally accepted without alteration or correction pending evaluation. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include bidder responsiveness, capability and past performance, and criteria to I determine acceptability such as inspection, testing, quality workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objective and clearly measurable, including but not limited to discounts, transportation costs, and total or life cycle costs. The main advantage of using life -cycle costing is that both initial costs and related costs for the life of the item are considered. I When the criterion for awarding the contract is based on lowest responsive bidder, it may mean that the contract specifications are just minimally complied with. Selecting of the lowest bidder could result in a higher incidence of maintenance, and down -time could eat up any savings made if the Procurement process considers only the initial I cost. Under no circumstance will any bid be accepted by fax or email. All bids must be labeled and received in the Procurement office by the due date and time. There will be no exceptions made for any late, lost by the post office or express carrier, or misdirected submittals. Please be aware that vendors shall be removed from the vendor list for the following reasons: 1 (1) Declining to offer bids for the period of time listed in specifications. (2) Suspension for the following shall not be for less than three (3) months or more than three (3) years: 1 (a) Failing to satisfactorily meet terms, agreements, or contracts made with the Procurement department or the using agency. (b) Being convicted of criminal offenses in obtaining contracts or convicted of embezzlement, I violation of state or federal anti -trust statutes, or any other crime which indicates a lack of business integrity or honesty. 1 1 A -2 1 1 BACKGROUND INFORMATION ON VENDORS. I The Department Head and /or the Administrator is directed to provide the bid amount as submitted, information concerning the vendor's previous performance, the service and quality of the products offered, the availability of the goods and services when needed, adherence to delivery schedules, and other criteria pertinent to that particular item, on vendors who have submitted bids, proposals, or contracts for the Commission's consideration. The information is I to be included in the backup documents for the Commission's consideration in awarding the contract. INSPECTION OF PURCHASES. I The Procurement agent in conjunction with the using agency or department head shall inspect, or supervise the inspection of, all deliveries of materials, supplies or contractual services to determine their conformance with the specifications set forth in the pertinent purchase order or contract. The Procurement agent may require chemical I and physical tests of samples submitted with bids and samples of deliveries, which examinations are necessary to. determine quality of the samples and conformance with specifications. Letting the contract. The contract shall be awarded or let in accordance with procedures set forth herein. Award I shall occur with reasonable promptness by appropriate written notice to the Lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In addition to price and other material factors, the Procurement Director, in consultation with the using agency, shall 1 consider the following in the context of award recommendations: (1) The ability, capacity, and skill of the bidder to perform, the contract or provide the services required, I (2) The capability of the bidder to perform the contract or provide the service promptly or within the time specified, without delay or interference, I (3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder, (4) The quality of performance on previous contracts, 1 (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services, (6) The sufficiency of the financial resources of the bidder relating to his ability to perform the contract, 1 (7) The quality, availability, and adaptability of the supplies or services to the particular use required, (8) The number and scope of conditions attached to the bid by the bidder, and I (9) Service availability may be considered in determining the most responsible bid, and the bidders to submit information concerning their ability to service and maintain the product of the equipment. hall be required 1 Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the purchase order or other contract elsewhere shall be prepared and signed by the Procurement Director and /or Administrator and made part of the record file for audit proposes. I Minority/Women Business Enterprise (MWBE) Policy: Court Order Y Enjoining Race -Based Portion of DBE Program. Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program I but rather pursuant to its code of ordinances, this local government operates instead a Local Small Business Opportunity Program. 1 1 1 A-4 1 iY G E'O : 11` .,: d . I. A 1 USE THE ATTACHED FORMS AND ADHERE TO THE INSTRUCTIONS ON EACH FORM PLEASE DO NOT SUBSTITUTE FORMS: Attachment B: Statement of Non - Discrimination, Non - Collusion Affidavit of Prime: Bidder /Offeror, ' Conflict of Interest and Contractor Affidavit and Agreement. Bidder's Proposal FormlAcknowledgement of Addenda I Note: THE ABOVE FORMS MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL Georgia Security ty and Immigration Subcontractor Affidavit Non- Collusion Affidavit of Sub - Contractor 1 Local Small Business (LSB) Good Faith Efforts Local Small Business (LSB) Subcontractor /Supplier Utilization Plan Note: The successful vendor will submit the above forms to the Procurement Department not later I than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote the date forms are to be received) 1 Local Small Business (LSB) monthly subcontractor /supplier utilization report will be submitted upon I request. I Bidders are cautioned that sequestration of BID documents Procurement Department is not advisable. Acquisition of BID drocumentsfrotn unauthorized t owes placed 1 the bidder at the risk of receiving incomplete or inaccurate information . upon which to base his qualifications. 1 ev. 3/90/2070 TIPP 1 A -6 1 ■ 1 Attachment B- Page 2 o � f3 1 Non Callusion of Prime Bidder /Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to t belief: rY the best of its knowledge and 1 (a) The prices in the proposal have been communications, or agreement, for the purpose of restrict ng ompetiti as to any collusion, I prices with any other vendor or with any competitor. elating to such (b) Unless otherwise required by law, the prices which have been quoted in the proposal have knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other ven not been 1 competitor. dor or to any (c) No attempt has been made, or will be made, by the vendor to induce any other corporation to submit or not to submit a proposal for the purpose of restricting competition. I fraud in bid preparation shall be reported to the State of Georgia Attorney person, partnership or Justice Department. Collusions and Y Gene rat and the United States I Conflict of Interest By submission of a bid, the responding firm certifies, under penalty of perjury, 1 knowledge and belief: P try, that to the best of its 1. No circumstances exist which cause a Conflict of interest in performing the services ' lTB, and 9 required by this 2. That no employee of the County, nor any member thereof, not any public performance agency this ITB, has any pecuniary interest in the business of the responding firm or his su-cons c lan affected by 1 interest that would conflict in any manner or degree with the sub-consultant(s) any P nce related to this !TB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its k I belief: knowledge and I (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to an ma prices with any other vendor or with any competitor. Y tter relating to such (b) Unless otherwise required by law, the prices which have been quoted in the bid dove not knowingly I been disclosed by the vendor prior to opening, directly or indir et ectly, to any other vendor or competitor. I c) No attempt has been made, or will be made, by the vendor to induce any other erso cooperation to submit or not to submit a bid for the purpose of restrictin competition. violation of this provision, the County shall have the right to terminate any related P n, partnership or without liability and at F its discretion County deduct have the price, terminate otherwise g petition. For any breach or Y ted conmract or agreement fee, commission, percentage, gift, pa rwrse recover, the full amount of such I Yment or consideration. 1 1 i 1 Attachment B - Page 3 of 3 1 Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13- 10 -91, I stating affirmatively that the individual, firm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States I 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 Reform and Control Act of 1986 (IRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in 0.C.G.A 13- 10 -91. The undersigned further agrees I that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10-91 on the I Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform I such service. Georgia Law requires your company to have an E Verify`User identification Number on or after July 1, 2009. For additional information visit the State of Georgia website: I httpsJ /e verifv.uscis. ov /enroll/ and /or http:// www .dol.state.aa.us /pdf /rules/300 10 1.pdf E- Verify * User Identification Number I The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta Richmond County Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. 1 further understand that my submittal will be deemed non- compliant if any part of this process is violated. Com • y of BY.'Au horized Officer • Agent (Contractor Signature) re\ 0.r ,cq • r c Pncre• loc-r I Title of Authored Officer or Agent of Contractor Ch o,rins C . H &Li wo Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE Z e i DAY OF t` ` 20 [ o woo er I Note ubii NOTARY SEAL. - . My Commission Expires: ZW 20 I i Please complete, date, notarize and return pages 1 -3 of P g Attachment B with your sUbmiftal Rev. 11/13/09 1 A -9 I JUL -07-2010 21 31 ARC PURCHASING P.03 I 4 ORGIA I - i�g STATE OF GEORGIA • COUNTY OF RICHMOND BID/RFP/RFQ# 1 SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A.13- 10 -91, I stating affirmatively that the individual, firm, or rporation which is engaged in the physical performance of services under a contract with n# ell_ p tr. /cars � on behalf of Augusta Richmon County Board of Commissioners has registered with and is participati in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States I 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 ([RCA), P.L. 99 - 603], in accordance with the I applicability provisions and deadlines established in O. C. G. A 13- 10 -91. 3 93 c SY7 E - Verify' User Identification Number I Miner 341.10 5 (4. 1 L Company Name BY: A uthorized Officer or Agent (Contractor Signature) P I Tide of Authorized tce pr Agent of Contractor Georgia Law requires your company to have an I_F A( � / a L E- Vern r quire icatlo Number on or after July 1, 2009. Printed Name of Authorized Officer or Agent 1 For additional information: State of Georgia SUBSCRIBED AND SWORN BEFORE ME ON THIS THE http://www.dol.state.oa.usiodfirules/300 10 1-odf • - https: / /e- verify- uscis.cov /enroll/ DAY OF J 20,1 O • otary Public I My Commission Exp}res: /.2 / y NOTARY SEAL 1 If there are no subcontracting opportunities the form must be executed (write NIA, sign, date and notarize). Note; The successful vendor will submit the above form to the Procurement Department no later than five I (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) 1 REV -1 /08/10 1 Bid 10.129 Augusta Mini Theatre Site Fencing Page 2 of 5 I 07/07/2010 WED 19:33 [TX /RX NO 6070] R]003 • 1 JUL -07 -2010 21:31 ARC PURCHASING P.04 I .. G R O R G I A I In accordance with the Laws of Georgia, the following affidavit is required by all vendors NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR 1 l F certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result In fines, prison sentences and civil damages awards. E agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. I Affiant further states that pursuant to O.C.G.A. Section 36 -91 -21 (d) and (e), t�, / has not, by itself or with others, directly or indirectly, p nted reve or attempted to preve petition in such bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any I means whatever, nor has Affiant caused or induced,, another to withdraw a bid or offer for the work. Affiant further states that the said offer of 02 Y, &CR. G b is bona fide, and that no one has gone to any supplier and attempted to get such person or company to furnish the materials to the bidder only, or if I furnished to any other bidder, that the material shall be at a higher price. Signature of Authorized Company Representative Title 1 S and subscribed before me this 9 day of . , 20 No ry Signature Notary Public g (Print Name) County: eau" let • Commission Expires: / 2/f /1 NOTARY SEAL I tf there are no subcontracting opportunities the form must be executed (write N /A, sign, date, and notarize ). 1 Note: The successful vendor will submit the above form to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) 1 Rev. 1/00/10 Bid 10 -129 Augusta Mini Theatre Site Fencing Page 3 of 5 07/07/2010 WED 19:33 [TX /RX NO 6070] lI004 I , . JUL-07-2010 26 31 ARC PURCHASING R. 0 ff | �� % Ae. 77 4 | ° / / . ■ § g§ _ a I 2� . . c % CU k . \ \ — - u- % \ _ I • . 1 I i 2 0, t § .\ _ us (9 2$ §§ \ J t 1 � /k� . � � ■ z 2 02 c 5� 2 « - � \f§ $ r f E 0 Ci. 0 .a0 . ® rz B$�8g / ro � ir -' c � a AI UJt� t� 2� 2 2 7 ^ 't .> 1 t � o - / k � k \ 0 " E o «U§S2 '\ 22 J). � g g / ? (« �e 2 ■,kI «te a % U e co 6 © . y, §= & � ■ % a k � � k \ ■ - A ■2 t © . . o2c 0 1" \ \)m� 2 k & _ B 1 00E § � g � °tea � , a� g� � J 2 . � � \ � ea � 9C ! , f� 2 w 2 ¥o_« x % ki g �� $ 0 j �2 � �` �� /_ / ti e {k � A. \ j : /2 / To 2 . . t y 2 > � 17 , ��\ > 41) � 0 . CU k ® �N ° \ 2 © /2 ���; E $ k 2 § . ,_ � ` �� $ % 1 § C 3 la Z ) I 07/07/2010 WED 19 :33 [z ZRX NO 6070] @ 005 I I , JUL -07 -2010 21:31 ARC PURCHASING P.06 air, 'a 0 c w m m I LL F 5 �Np d G O \ S: N L � i m ..1 C � m 5 m V co m > a m N to *oY R d I/ m W o m g o> co c ` vO c v w I C a Z Z Z ' °ZO d H 0 o_ 7X ,� m m m O UP Q .1\ . c% f � C W J E m m Z N "` C a n o' S c O ca > CO CO O m W L'_+� �� 0 E e • m , „ I 0 0 • ° .g ' Il i l t o t Q I g Z o °' ��, ic 0 c o TA 2 -1 co m , i Q E \� �` = 3 3 Cr 4 "■!. \ .i2 ii = 1 = f„.2 a t w ` w t E to AI o m a t • v � \ 4 c > O . 2 �y r c "5 O ▪ in i7 o s � i a to Z a[ 1 TOTAL P.06 07/07/2010 WED 19:33 [TX /RX NO 60701 a006 SECTION B BIDDING REQUIREMENTS • Bid Form &Tabulation • Representations, Certifications & Other Statements of Bidders 1 • Bidder's Qualifications • ARC Business License I • Georgia General Contractor's License • Bid Bond • Certificate as to Corporate Principal 1 • Attachment B — Pages 1 -3 (Form in Section A) 1 1 1 1 --- - ,..... ,, ,... . BID FORM & TABULATION Q Project Number Bidders are encouraged to carefully examine the documents and I CDBG #09031 construction site. Failure to do so shall be at the bidder% risk. Bid Issue Date April 15, 2010 Submit bid to: Geri A. Sams Project Title Procurement Department Augusta Mini Theatre Site Fencing 530 Greene Street – Room 605 Augusta, Georgia 30901 Project Description 706 821 - 2422 Installation of fencing of the rear and two (2) sides of 1 the facility. � � , ' m— - rte w -1 ,, Y Z ;YY, t� ti � yy - � Y B i'� " �. �' 3 �L t y � ei�' '� �' ° `�'y_ v ct rl -�`�•, `T r " q , "%`'` � + u?:i ? � �,..�f `3.�� ai:�,, ,v, �.s z "' �- :'.- " .� t 5 ., r, . 2 �, L 7 � f �i7y t W 4 r ' - �,, Y 4 lg .w L+ A._c .:�Y. � G so c- r'k d, • U , �, A� ,, ��¢. T 1� ir 1 , -t - K ' .f i . a y -y <}? z en '�. � �«, .t"- ��_,_ -r �,.�.,. r- �w -?i�^� �,i'i,��r {f�.?a;',��i ',- � x..,�, _� Name of Company: y Federal Tax ID Number: 104 f f igc3rmon C crr'l t��.C*;an �-LC- 2(, (123 ! Bidder's Telephone Number. 1 0 te – 92.2- 32 Bidder's Address: Bidder's Fax Number, Z(02 Cce.- tY //�� ( �. , lot. - 4i$ /- o eI7 Aviv s-1 crit 3 oq a t Name of Person Submitting the Bid: 1 Ch o-r it C . l-I o,/ u+do4 Title of Person Submitting the Bid: Vv., 14.41 a i r� ten c.w.be r 1 ^+r � rte- v - 0 .- .+" "'"i max. v ter'- ?fi3i' ^+ '' 'q' ' ,1 4 ^''''' ,� - •n S .6 c' r 4 £. s "� r i.. c .,,s F ,;-• -„r r , T: s.CN� -t r . ,, . Z �"� c 4 µ � 'G 1:. .? � �• J l" T� G D Y + 7 \ j";:-:157, . w } ''rj . Cam. z "5. ..si'_ _ `t JtiJ:' va F z` . - _�. ��.rz � ta:l'$ - ? 2 :.s . 9..1 ~7�r� 3`�`�" . � t fi This is to acknowledge that an authorized representative(s) of the above named company has 1 familiarized himself /herself /themselves with the local conditions affecting the cost of the work, all instructions, General and Supplemental Conditions, Contractor's compliance and reporting requirements, the specifications, drawings, and addenda. I The City requires a minimum acceptance period of 60 calendar days. "Acceptance period," as used in this provision. means the number of calendar days available to AHCDD for awarding a contract from the date specified in this solicitation for receipt of bids. I By the submission of this bid, the bidder certifies that neither It nor any person or firm who has an interest in the bidder's firm is a person or firm ineligible to be awarded contracts by either the U.S. Department of Housing & Urban Development, the City or the Augusta Housing & Community Development Department, according to AHCDD policies and procedures. In submitting this bid, it is understood that the Owner reserves the right to reject any and all bids. Acknowledgment of Addenda: The bidder acknowledges the following addenda: (Failure to acknowledge may cause bid rejection.) I Addenda No. ( Addenda Date M 01 18, Lo i 4 Addenda No. Addenda Date Addenda No. Addenda Date Addenda N 1 , No. Addenda bate 1 B-1 1 1 . ,--. , t" ;; s :i1, BID FORM & TABULATION 1 l A T V �� ` L° 44,, r ' � . -1 i t s ki- „ra k ,��,J'rc. r - r C-,4,' ' o err: _ '{ -2,- '4 e �' y '-i' $ �:'.� ,� ' - t+;u �.- '=r tea '' - u ..t t,,s < -.s r.. {t om ' �� - y.R � 3_,;-: d R . ∎,. 5 , � F i r ms , ,.r� z f a - rt t - i j�'• hi 7+giY 35�, - , tr` , ti�' i2sF,; 'Y �.,. 'J t,. � r k1Jy ✓ 1 6 1 . t� T 3 <`' _ .Y, 7 �.} a � .�. r1Ti'.�� , .' u� �a.=.'# �y�ii� *a��.z��Nsac M ' , To be responsive, the bidder must submit the following documents in a sealed envelope marked on its face with the correct bidding information with his /her bid: I 1. Bid Form & Bid tabulation; 2. Representations, Certifications, and Other Statements of Bidders; 7. Bid Bond and Certificates; 3. Bidder's Qualifications (including a Financial Statement; 8. Attachment B (Statement of Non - Discrimination, Non - collusion Affidavit 4. ARC Business license; of Prime Bidder/Offeror, Conflict of Interest and Contractor Affidavit & I 5. Georgia General Contractor's License; Agreement; 6. Certificate as to Corporate Principal The Owner shall reject as non - responsive any bid that does not include each of the above documents, fully completed I and properly executed. i =�s� - c +uC4.S �i �+- y � t � �r-. . �t' rc �..�- 1 . � ?, `• ` .�a }i'<s- .�,.[".r• 1 i a � f t �� +.�€'T"'"J.,Sa:t ,ci+� } ,, +rt,+y�rC ""3i � L � ��' 5 .' 'M1 -^. :t 4.- �Y �, W � r � t �t- - h' ' 1.1:. , T Yc F . ' tY"i ;; a ' { : `,-; --; :l - 'm - „.'_. . , ,. f y:: :'. } . - 7y .�.:. :c, -.`..s”' % ;. - ..'.,`2 at1 1 .x. .,r�tr 1 .f...,-F.;,., � l,. cl 7t ti. a , t ", z� k «e•: s3�..C.• -�. � _r, �i � +i � vs�c 'sr' _....,:�� ��� � .:k?a T.y�- - :� �.�.r ; � - - T � � ' �. ?, = The bidder hereby proposes to furnish all labor, materials, equipment and services required to complete the construction contr t as per the re. rements of the cons . ction do . ents, all in accor.- e therewith, fo h um .: 1 if .2lig IG<c �y /. -1 r . �``,,, , • /4 v: . : r : �J. 4 DOLLARS $ 1r 1.' `'� ? ` ,-2, 754" .=' , �' d 5 .i � 4� i , rY � .4. _ �. ��r ' : 7$T g s 1. , - -"y_ "5" ,.4"7 • .._ Y om— -v.T;: . cZ'3 ' r : , - , ,e4 i 4 - a - - c "t , z.a , . _ k 5v -,1,,-G' r ,, "#` *r1r: §.''-'.., n.?' C j .g a � s f�. r''� ( " c` 'y z .�a. ki .. < a�7 �S. �.. r.' E'. -. 2'�r I Item # Unit Estimated Item Description Quantity Unit Bid Price Measure Price 1 N / $ 1 $ The bidder may continue by copying and attaching this section to the Bid Form. Sum of all cost extensions $ �c r° are included in the base bid 1 1 B-2 Ir f - Ire , BID FORM & TABULATION ° �", rv' t F % c r a ,t 7 � r,.z�:'� -r4 ��,� 'Z "" G `.t"; �.h?j�� �c'�.' �' . . cam. ..r`��-� , : ,, � ' e ., - { t i t 'r �ir , �. _ ,77 . , / '" 3 a �Ai� t� .YL� g1.2 f2 C^n 3 -'- W ry '", v ^`3 r ,-,,, 4 z t� y.. 4 , -y .T, , , 1 � ,,, ? U D ,, .�. i .. i ' , . `.,.. 4 X {ru '� ti � f fir, � l} '- ,\- � '` iii ii+'vi_` ;; ; ?,.: 4.4ti v' i! �Y . +•= c ry e t3 ,Yl � s b. r e� 1v'`5.. k. � 1. �.rlr 7,.. -n� ,' e C The Owner Vis ❑ is not requesting deductive alternates for this bid. To offer a bid the bidder is requested to breakout the following items from the base bid. Each item shall include all labor, materials, equipment and services I required to complete item. Item • Item Description Item Bid 1 1 1)(.1L tO o LS 0 c sAt.. dr\ s.:• h 1'. r.K. G."- 4 �G ■ r c ■ O.tt ts.sccVL- 0 -Sss 6.-4-c...-41. w; n c.Ec &r;r 5 of Jacl� `0 o' Stc.�iOr $ ' 0f C.4.... 1; nom.. ( T^ c.A u., dcs 1 ...10c. r- , r n� --i�Cr ' �1 4 CS , $ .or 1L f over kco -C1 (ynLC6 e ..1- ..1- ' w I $ $ $ 1 The undersigned agrees to commence actual h ical work p Ys ork an the site with an adequate force and eskuipment within ten (10) days of a date to be specked in a written order of the Owner and to complete fully all work in `y 0 consecutive I calendars days from and including said date. The undersigned further agrees to pay, as liquidated damages, the sum of $100 for each consecutive calendar day thereafter that the work is not complete as provided in the General Conditions, ' .' 'rV i'c �i.sT e y r `rt l „r s -� �r?,a - +�c'� F * i _. ' :`t s� u C �'11 4� 7: " ' CSC -r,7i ' -. ... `. r it^-' —g` �:=7, . . • . -= " 1 JxI °-- E 8 � o a ` . v Z .� „ T� -L " c� ^ -e i�. ^�� 3S: � C' v `' 11 � � -�'4 �i; ,t .� • I Trading and doing business as: Bidder's Signature If fictitious trade n e is employed n the conduct • Date I business, insert sue a and comp! -te, as appropria,` This foregoing fictitiou o trade name: 0 is 0 is not r iste d under - tate Law. Name of person submitting he bid Witnes , { ( Witness Name 1 • Business address Witness Signature 7 Date 1 . 8 -3 BID FORM & TABULATION "" A ter ayq - - c:f Li„, v p M f f a �t l� .4 7' �',G�1•i - 4.�. „ y t �t rr... ?r ' �.,�,^ o , �} y � a .� ..f� J� 1 � r rf t 1w.. A y Jam '.i:^:b+"li. ,N7-fiai 1LY kk":1- n` ,Sk r r,�r';.',,• ,- ,[^.� . S - L G ' cod � ,, 4 F c 7 - f ` r � t�t rt `� ' _...i�t J� �. . ,.i:�=i ��t i � . „yn ' � r � ^ � :� .. 'fir' "�=. 3o' J_' t .Kst.:.., Name of Partnership ri , A p r 'vv. s 4-C dP� LC.�,, �%� f 1 f k Bidder's Signature ; L! , � .� F 1 If fictitious trade name is employed in the condu r ct of bate � 12? /to business, insert such name and complete, as I app opriate. This foregoing fictitious or trade name: E is El is not registered under State Law. I Name of person submitting the bid Witness C .p.r L3 C , tt 1 Witness Name t t�-► a o a7 :. ' • • i4 Business address 2.1. 2 C t^ it s„ Witness Signature .. I • • s h.., C.74 3o 9 a� bate E�>5�.4 " a ' � »� :�:5"�_ , 'g .:-'4'-‘, > 1 ~ �� f'11.5r2i `1,0 �r r1 vita; p i �'" i , c 't =-A- - r. ' Name of Corporation _..^�, -�..._. - -'-�? _�_.,.:�s,..- .fps -t�; ..�y :,.:i� �.' �...�� .._� �� ,�. Corporate Signature Title I Date 1 °, Name of person sub ' tting the bid : / I Certfica� as to Corpo' to Principal t` cert � that t am the retary of the corporation named I \ / as ctpa n the wit' n bond: Business Add ss % Th ' t w /o signed the bond ' behalf of the Principal, was t t !- n . of � '- id corporation; that 1 ow his signature, and his ignature thereto is genui e; and that said bond was 1 : uiy signed, sealed, and attested to for and in behalf of / said corporation by authority of its governing body. 1 (Corporate Seal) 1 1 B-4 1 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENT OF BIDDERS I , p I 1. Certificate of Independent Price Determination: a. The bidder certifies that I (1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to: ' (a) those prices; (b) the intention to submit a bid; or (c) the methods or factors used to calculate the prices offered; I (2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or comp opening competitor before bid o nin a (in the case of a I i sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) t unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder to induce any other concern to I submit or not to submit a bid for the purpose of restricting competition. b. Each signature on the bid is considered to be a certification by the signatory that the signatory: I (1) Is the person in the bidder`s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs a.(1) through a.(3) above; or I II (2) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs a. (1) through a. (3) above. ' a- e (Ls C... &1 w O o cd , rv\ Via. ; rr, ta+ ex [insert full name of persons) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the 1 bidder's organization] (3) As an authorized agent, does certify that the principals named in subdivision above have not ' participated, and will not participate, in any action contrary to subparagraphs a.(1) through a.(3) above; and (4) As an agent, has not personally participated, and will not participate in any action contrary to ' subparagraphs a. (1) through a. (3) above. c. If the bidder deletes or modifies subparagraph (a) 2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure. • I ' B-5 1 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENT OF BIDDERS d. Non- collusion affidavit. (Applicable to all contracts for construction and equipment.) Each person, ' firm, or agency submitting a bid /proposal shall execute an affidavit, in the form provided by the Procurement Department, to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid /proposal submitted in response to this solicitation. In addition, a non- collusion affidavit for each subcontractor(s) shall be submitted. ' 2. •Contingent Fee Representation and Agreement: I a. Definitions. As used in this provision: I "Bona fide employee" (1 ) ide employee means a person, employed by a bidder and subject to the bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor I proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence. (2) "improper influence" means any influence that induces or tends to induce the Owner or a City 1 employee or officer to give consideration or to act regarding an Augusta Housing and Community Development Department (AHCDD) sponsored contract on any basis other than the merits of the matter. 1 •b. The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder 1 (1) ❑ has Vhas not employed or retained any person or company to solicit or this contract; and p Y obtain 1 (2) ❑ has Ezi has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. 1 c. If the answer to either b.(1) or b.(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the Owner and AHCDD. I d. Any misrepresentation by the bidder shall give the Owner the right to (1) terminate the contract; I (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. I • 3_ Certification and Disclosure Regarding Payments to Influence uence Certain Federal Transactions (applicable to contracts exceeding $100,000): I a. The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph b of this certification. 1 b. The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of the date of thls bid, that (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an B-6 1 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENT OF BIDDERS 111 • officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this soiicitation, I (2) If any funds other than Federal appropriated funds (including rofit or fee received under Federal transaction) paid, have been paid, or will be to an y person for influencing a p or attempting to influence an officer or employee of any agency, a Member of Congress, an I officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, "Disclosure of Lobbying Activities;" and 1 (3) He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and ' disclose accordingly. c. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by Section 1352, Title 31, United States Code. Any person who makes I an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. 1 4. Organizational Conflicts of Interest Certification: The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or I she does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the bidder's organizational, financial, contractual, or other interests may, without some restriction on future activities: I a. Result in an unfair competitive advantage to the bidder; or, b. Impair the bidder's objectivity in performing the contract work. C , Xi f f;;Pl i nn the absence of any actual or apparent conflict, I hereby certify that to the best '4 nowiedge and belief, no actual or apparent conflict of interest exists with regard to my I possible performance of this procurement (Please initial.) 5. Bidder's Certification of Eligibility: • I a. By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the bidder's subcontractors, is ineligible to 1 (1) Be awarded contracts by any agency of the United States Government, HUD, the State Augusta- Richmond County, or AHCDD; or, late of 1 (2) Participate in HUD programs pursuant to 24 CFR Part 24, b. The certification above is a material representation of fact upon which reliance was placed when making award. If it is later determined that the bidder knowingly rendered an erroneous certification, I the contract may be terminated for default, and thr bidder may be debarred or suspended from . participation in HUD programs and other Federal contract programs. 1 • ' B -7 U . z 1 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENT OF BIDDERS 1 I 6. Minimum Bid Acceptance Period: a. "Acceptance period," as used in this provision, means the number of calendar days available to the Owner for awarding a contract from the date specified in this solicitation for receipt of bids. I b. This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation. 1 c. The Owner requires a minimum acceptance period of sixty (60) calendar days. d. A bid allowing less than the Owner's minimum acceptance period will be rejected. I e. The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within: (1) The acceptance period stated in paragraph (c) above. . I 7. Small, Minority, Women -Owned tY� Business Concern Representation. . • I The bidder represents and certifies as part of its bid/ offer that it a. kl is ❑ is nat a small business concern. "Small business concern, as used in this provision, I means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards i 13 CFR 121. 1 b. ❑ is is not a women-owned business enterprise. "Women-owned business enterprise," as used in this provision, means a business that is at least 51 percent owned by a woman or women I who are U.S. citizens and who also control and operate the business. C. ❑ is NA is not a minority business enterprise. "Minority business enterprise," as used in this I provision, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose of this definition, minority 1 group members are: (Check the block applicable to you) Black Americans ❑ Asian Pacific Americans ❑ Hispanic Americans ❑ Asian Indian Americans 1 ❑ Native Americans Hasidi ❑ Hasidic Jewish Americans I i s-s • • 1 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENT OF BIDDERS 1 I 8: Certification of Eligibility Under the Davis - Bacon Act (applicable to construction contracts exceeding $2,000) I a. By the submission of this bid, the bidder *certifies that neither it nor any person or firm who has an interest in the bidder's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). ' c. The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. • 1 9. Certification of Non- Segregated Facilities (applicable to contracts exceeding $10,000) a. The bidder's attention is called to the clause entitled Equal Employment Opportunity of the ' General Conditions of the Contract for Construction. b. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or 1 dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or 1 otherwise. c. By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not • permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract. ' d. The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 I and are not exempt from the requirements of the Equal Employment Opportunity clause, it will: (1) Obtain identical certifications from the proposed subcontractors; ' (2) Retain the certifications in its files; and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): 1 L B-9 1 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENT OF BIDDERS 1 Notice to Prospective Subcontractors of Requirement for Certifications of Non - ' segregated Facilities I A .Certification of Non- segregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, 1 semiannually, or annually). 1 Note: The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001. 10. Clean Air and Water Certification (applicable to contracts exceeding $100,000) 1 The bidder certifies that: a. Any facility to bused in the performance of this contract:: I ❑ is is not listed on the Environmental Protection Agency List of Violating Facilities. I b. The bidder will immediately notify the Owner and AHCDD, before award, of the receipt t communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the bidder proposes to use for the performance of the contract is 1 under consideration to be listed on the EPA List of Violating Facilities; and, c. The bidder will include a certification substantially the same as this certification, including this 1 paragraph (c), in every nonexempt subcontract. 1 1 1 1 1 ' B10 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENT OF BIDDERS 1 11. Bidder's Signature: This form must be submitted with the bid with all information completed. The bidder hereby certifies that I the information contained in these certifications and representations is accurate, complete, and current. Failure to submit this certifi - property completed and executed will render the bidder non- responsive. // 57s O (Signs - and Date) C, hay- (L3 • woo J (Typed or Printed Name) Irr\ &r \ 9 5 ; r\ \ rA rr.b4x- 1 (Title) fkPlc. olt r ayoh C13 rui'-rt..c1-1'on , LL C. 1 (Company Nam) 1 21e 2 Cc.r�.�r'4. -I F vt . � A- -ks & ( 3 o9oy (Company Address) 1 1 B -11 1 BIDDER'S QUALIFICATIONS 1 All questions must be answered and the data given must be dear and comprehensive. This statement p tat ent must be notarized. If necessary add separate sheets for items requiring additional explanation. This information may be submitted in a separate sealed envelope marked "Bidder's Qualifications and Financial Statement ". In I the event your bid is not selected for award, this envelope will be returned to the Contractor unopened. 1. Name of Bidder. 2. Date Company Organized: 1 P 1 0 f t t_4 tr a C A Y s i v . 40. C A I ' o Yl LLC ` t o J Q I 3. Permanent main office address 4. State incorporated 2_ (Gtvi. Ctr,,+ry..i A Gitorgb ;Cp... P op. `A s .10,x, 3090 5. How many years have you been engaged in the contracting I business under your present firm name? 2 I 6. Listing of current contracts: (Schedule these, showing nature of the work, gross amount of each contract, anticipated dates for completion, name and telephone number of owner's representative). none_ 1 1 ' 7. General character of work usually performed by your company. 1 8. Have you ever failed to complete any work awarded to you? If so, where and why? III I 9. Have you ever defaulted on a contract? if so, where and why? I 10. List the three (3) ost important structures re } p recently completed by your company, stating approximate cost of each, month and year; complete name and telephone number of owner's representative. 1 I (�j} 4 1175 — ,BOO \q(: Itic i Kr%, t.T Co - \Q 03 a - � ,.• C.e••. t:�ie sf2a►o 'a - 43 'i - 72(Q/ Ca s f 24 Si 000 14;110- I— CLP4 '24" I 1JG S ACe. m� SGeNr� 3tdc� `j�•Gr>;ov io c o r ,, .� Lic. 612. 8o3- 4tl9 -77O'9 Cisf $ /7a, -D C -k.e" A 44` Jti o 44-.4. Gt o tr, ; G• cer`.-(rt1` coop ic. k. I o/o 8 70 to ,- 2.4e - 21015 1 B -12 1- '_ . BIDDER'S QUALIFICATIONS I 11. List your major equipment available for use on this contract, no de_ d C. t ( A . eb ye re etLtif - .- :s prajec 1 U v 12. Experience in construction work similar in scope to this project. I 1h' S i r+i' S ` c.i' re c i,. a r• t_s r+' ∎ rte• r Ct t o-r 'r ,.._.5 04.,...1 Ut n J r . M o S4- Ail G,o n r 7�'►' i.c4 ov • - r -1,.1 Aft,. r4.r ', r Con - 1•rc.c. ;Qn or Cf t�*N encIn r kt. rr I 13. Background and experience of the principal members of your firm, . including the officers and proposed construction superintendent fi,,,,tr1G r Le. s c, 1 0, W Oa d i S a. rYwn i n5 eN e."-t6c-r of 19 r p it c,�, co n s ,* b r.' L L c ar. d 44 - c6 �c n cr w l G,.-h- . -cv4-o r 's Ca ; - i 1- $ J � 4t.^k ' ' b 4 - St,.rcrv� - c. to r0Jec�f Hi ,S rr.S Lo- r,.,.`. ' I s O. -t c i.,e -d I 14. Credit available for administration of this contract (furnish written evidence.) fire fc-3r ►•■ Co ru i s , Ll. C.. lev-z 42.1-v% p it, 4 4 s 1 1 r‘ ...4-,,,c4 41:4 r r o e c..4- . Jt G-t S 0 Dave a- o f Gr e ■ A ocGct<cts t4-,c,s ( -i+ C.oevire.c 0tw, 04..,..4¢, 1 Q r. c $ k c e ,'4' w -t+ a. c--inc-44 . 1 15. Financial report not more than three (3) months old and containing a balance sheet providing at least the information on the ' following page. 1 • • 1 B -13 Applegraph • nruin 2612 CENTRAL AVENUE AUGUSTA, GA 30904 . ph (803) 270 0104. fx (706) 491 0817 1 May 27, 2010 Re: Augusta Mini Theater Site Fencing Project ' To: Whom it may concern 1 Applegraph Construction, LLC has ample credit available for administration of this contract. Any addition information will be provided upon request 1 Sincerely, 1 Charles C. Haywood Applegraph Construction, LLC Managing Member 1 1 1 1 1 1 1 1 I' G ` , r BIDDER'S QUALIFICATIONS BALANCE SHEET I ASSETS CURRENT ASSETS: Cash 1 Joint Venture Accounts Accounts Receivable Notes Receivable ( t 4 n C-it_ S h c �$ c ,_5 f �l ..,.� 2 ! 2 0{ o -K 6. c Accrued Interest on Notes I Deposits Material and Prepaid Expense Total Current Assets FIXED ASSETS - NET I OTHER ASSETS TOTAL ASSETS: LIABILJTfES AND CAPITAL I CURRENT LIABILITIES Accounts Payable Notes Payable I Accrued Interest on Notes Provision for Income Taxes Advances Received from Owners . Accrued Salaries I Accrued Payroll Taxes Other Total Current Liabilities • OTHER LIABILITIES I CAPITAL Capital Stock Authorized and Outstanding Shares, Par Value I Earned Surplus TOTAL UABILITIES AND CAPITAL I The undersigned hereby authorizes and quests any person, r or corporation to furnish any information requested by the City's Augusta Housing & Community Development Department in veri . -ti• • the recitals compn,,'iis Statement of Bidder's Qualifications. Signature of Bidder / Name of Bidder �+ { t . . ' G h a. r ie s C. k It 0-.0 o c1 I Date ' Title of Bidder 5 3 / 2. 1 i t c rh 0.n a - , n t^+r.e.r+.. - <,,r^ State of 4T{, or ti e } ss. I County of ; Lin Mgr, } ci Cir ik e L$ C . OA. t.`+ 00 being duly sworn deposes and says that he is , t a 3 ; r"toi r? *Cr r-Lr of I 4 1 c car r 4e k ( ~ twc t , t. t an -and that the answers to the foregoing questions and all statements therein contained are true and core t. I Swoivt to before me this 21 day of 'It 1t�►t , 20 j 14 Ai &Jo o { N PuWi -57- r• Jt ` /0 11 My Commission Expires • II B-14 •:::•'••• -•::•::••• •:•::: - •:::-. .::,:::::,••• :::::, ,,.• .... , --,,,,... „„. ..„,...„,, , : .. „.. , - :_,, , r . --.. _. ,..,.. ,.., ..... .„, . 1 • ","-:::::: 1 . '"''.. - ' . :''. .'" ''';' THISC ERTIFICATB:IS TO BE PSTEDIN ACONBPICUOC S PLACE IN"Tfl•BUSINESi HERE - , ..,. ... .,.: ..... ..::-.. . . ..... .... ... ..... ... ..„........ . , ... 2010 :::: :',:i . '.:.:•:-.::::. ::::::::: : ' AUGUSTA .. . ,.., ..,,.:.: .. .:.• .:.:, _. ::-:':- '''''' ':.::." '''''-'' ...... BUSINESS '''':'' :::''''''''' :_•,:::,,, „,. ,..„...... ._....,,,,.._ ..,.,...,__. ...,. ,.....,........„. „.„.„.. ..,„:,.....„,,,,. ,..,....,,,,,.,,... ..... ,..,... .. .. ......,.. ,..... .._ 1 ,:',„•,, ":„,,,,: CERTIFICATE --- ... .. .., --"' "'''''. •••• - ' ••••• :.-,, '. •••,::. -,::, , . -••• ::-:,. :,,-:- ,.. ':,:':: ' - . ,:,-. 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Lie- .:E.HNSE # LCC,- 2 . ... . „,...:.., .:,:.:,... . .:.,..:....._ ...:.. „......,....... . ,.... • .... , , -__ .......... ,..„:„.. ___,.,::::::,..„....___ •-• ,.:::.. •. _ __:.:____ -..,..:.--___.,_,::„.,:..,:_.__:___ -.--- . :...fy. •,._ _ ,•-• :__ , ISSUE DATE: 02/01/2010 1 • CERTIFICATE ISSUED IN THg::NANIE:.(:),F: .APPLEGRAPH PQNST -.1-1-Q . ,, . • . . • :.: ,,...1 • , ;•."...,,,,.•,. •:„, ,: :, •. „..., . . ,. :: :1,',. : :' :, .. •,.-..,:!,---, II . . - •: :::::'•:. :' li ii . C 23 1-4a i22 . 1 S, : 11 10 FI U CA LT T I I .F 9 A N M ( fL I Y : i HOUSING Po ( ,,::::::::....: .....„: ...:-:::'''''''':''" :;::::\:' - .. .: 1 - . ''' • • • •'',:::'-:: : ii .,5-- ` , '-' '..!:_ l ':''''' ..- ''',':'::" '' 1 BUSINESS TYPE: Contractor BUSINESS LOCATION 26T2 OENT . • .. , • .„,,.. „ .. : . „:: ,._ ,,,,, ' • WR '''llgu 1a• ''',.•:': - •'-': ..!': :•: ',-:: ,•:.,,., '-:':•:,:'•- .', :i• „.:',:•„•.., ::•,:•••:„',..- . '' ::'••• • it•' ':'' :' it A4. '.A., ' . • CERTIFICATE ADDRESS INF(Pf.tMATIP.NI,,, I C H A LS Y W Q O D . :. . , .. .. . _ ': - __ T: -• , . ... :, ,":;': ' IT:, 205 LARR DEE ST -: '..,"!- ,...:: ::".::: :•. ,"'.,'.,- .. ,.....•.- •,:',:!•,.... •,,,,:::, ••,..,:', ,•,-, --:, :-.• ,:.: .., : ,,, - :!. :: -, ..-• ;:. . 1: - •-''' '' NORTH AU.ati$71ASC 29841( :-,,,:•. -...., ,,, I , .. , .. , „ .. . .. . , : . •, - -:. _ __. :.... ,.. „ ..., , :...,.,.„. ..•.` ' . '':'-'- :-. -'-:-, '''. it. THE,' ANbiNspEcpcIN SFIA„..LL HAVE THE ... RIGHT 719i y.:F9 I• CERTIFICATE if T.:H,E BusINgivNopUili s. i:ANY LAWJORPROINANCE OF THE UNITE STATES, .: ::.:,,,,,,,:::,,,...,- ?..'„,,,, THE STATE OF GEORGIA, OR RICHMOND COUNTY. „... . ....:. ..„.,,.., „, ::, . , .... . ..... ' , .. •,•;- , :.-- •• ..,-• 1 - - .. , ., „,.., .. ..... • -..:: ..:,::::, ,: : : ., , •,...: . :, . , , . • . - .• :. : . : .:: :: ,„,.: .„,::. ,,,,,,, , : , , : : • •, :- - •• - - ' : - - : , 1 .,:, ::: ::,::: : 7 : : : : • , , ._ : . 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I : -::::' .•., • . ::,- . :. .:, , ,. : , : , , , , ,:: . , . . , . -, ,...,„. ,,,, „,„,„. , ..„. ....,, ._..„ .._._ N :., , 1 ' • ' •• •-• l -'... •••:- '' • • - - - ,'''. • ' • ' ':''' ' . - . ,. ... .. ..... ,...... 1 II 1 -I I 1 o 1 N ji I et p 00 ' ad • 74 i 11 U O N 1 6 y 1 I v x W w a� -a o v U' r/1 • v, 0 0 o E.., > i 1 O '" `4 UZ A .-I... 1' O 0 Q w wU � . 2 z U E I Isy ^ C7 0 _� U ,-, H 04 p E ^ d" U '1 E-1 �i C7 ^ > '� 5. = Q N O • U z „ L < < < >C I co 0 L1.1 + L1. -: 0 bo bA W V cc! = Si ' C • = Ii � as' • a ¢N¢aoa 1 1 I 1 1 1 0 I CO 1 1 1 1 Western Surety Company BID BOND Bond No. 70935698 1 KNOW ALL MEN BY THESE PRESENTS, that we, Applegraph Construction LLC, as Principal (hereinafter called the "Principal "), and Western Surety Company, P.O. Box 5077, Sioux Falls, SD 57117- 5077(hereinafter called the "Surety "), are held and firmly 1 bound unto The City of Augusta Housing & Community Development Department , as Obligee, (hereinafter called the "Obligee "), in the sum of 10% of the greatest amount of the bid described below for the payment of which sum well and truly to be made, the said Principal and the said 1 Surety, bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. 1 WHEREAS, the Principal has submitted a bid to Obligee for Bid Item # 10 -129 Augusta Mini Theater Site Fencing. 1 NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid or, in the event of the failure of the Principal to enter into such a contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and the next low bid received by the Obligee for the work covered by Principal's bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 27th day of May, 2010. 1 Charles Haywood Principal 1 By L T Owner Western S • ty C • pa By 1 _ Gerald A Armstr, g Attorney -i act 1 1 1 I , CERTIFICATE AS TO CORPORATE PRINCIPAL 1 I For bidding corporation, the following certification must be made by Secretary of the corporation named as Principal in bond, attached to the Bid Bond and submitted with the bid. I 4 I AIII 1411, i i'' ify h t he ' * ' mlw...gr .g.d.....f , ert t at 1 am the Secretary of t e corporation named as Pnncipal in the within bond. 1 ft, „ , 4 That ..-r - i , . , who signed the bond on behalf of the Principal, was 1 then the , e - , of said corporation; that I know his/her signature 14 1 1 * I and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested to for and in behalf of said corporation by authority of its governing body. 1 1 , # 1 Signature of Secretary of the C • poration Name of Secretary of the Corporation I . , I I/ P I , 1 I , 1 1 , B-18 I ■ 1 1 SECTION C CONTRACTING REQUIREMENTS 1 1 I 1 • Notice of Award • Contract 1 • Subcontractor Contract(s) • Performance Bond 1 • Payment Bond 1 • Insurance Certificate 1 • Notice to Proceed 1 1 1 1 1 1 17 laZ p .il ‘171, $ NOTICE OF AWARD „t TO: Charles Haywood Applegr- Construction, LLC 2612 Cdntral Avenue Augusta, GA 30904 PROJECT DESCRIPTION: Augusta Mini Theatre Site Fencing 2548 Deans Bridge Road Augusta, GA 30906 The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated April 15, 2010, and Instructions to Bidders. You are hereby notified that your BID has been accepted for items in the amount of: Forty Thousand Eight Hundred dollars and no cents ($40,800.00). You are required by the Instructions for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds within ten (10) 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 BID 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. You are required to return an acknowledged copy of the NOTICE OF AWARD to the OWNER. Dated this 12 day of August 2010. AUGUSTA, GEORGIA By: Chester A. Wheeler, III AHCDD Director ACCEPTANCE OF NOTICE: Receipt of the above NOTICE OF AWARD is hereby acknowledged en this 'g'2 a . of d , 201 By: "e",/ President C -1 I CONSTRUCTION CONTRACT THIS AGREEMENT made this 12 day of August, 2010, by and between awarded Contractor, APPLEGRAJH CONSTRUCTION, LLC, (a legal entity), organized under the State of Georgia, hereinafter called the "Contractor," and AUGUSTA, GEORGIA, (a political subdivision of the State of I Georgia), through its AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT, herein called the "Owner" and AUGUSTA MINI THEATRE, INC., hereinafter called the "Grant Subrecipient. WITNESSETH, that the Contractor, Owner and Grant Subrecipient for the consideration stated herein, 1 mutually agree as follows: ARTICLE I 1 STATEMENT /SCOPE OF WORK. The Contractor shall furnish all labor, material, equipment, and 1 services and perform and complete all work required for the construction of Project No. 09031 in strict accordance with the plans, specifications and drawings for this project developed by 2KM Architects, as architects. Numbered 09- 08.04, dated 03/11/2010. Said documents being incorporated herein by ' reference and made a part hereof. ' ARTICLE II 1 CONTRACT PRICE. The Augusta, Georgia Housing & Community Development Department, Owner, shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in the specifications for completed work meeting the requirements of the Contract Documents, the sum of: 1 Forty Thousand, Eight Hundred dollars and no cents ($40,800.00) Said contract price being paid as draws against the contract price and deducting from each draw 10 % as 1 retainage. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the OWNER and to fully complete the project within 90 ' consecutive calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $100 for each consecutive calendar day thereafter as hereinafter provided in Paragraph "9" of the General Conditions. 1 1 1 1 ' CONSTRUCTION CONTRACT J/ THIS AG7 EMENT made this 12 day of August, 2010, by and between awarded Contractor, APPLEGR H CONSTRUCTION, LLC, (a legal entity), organized under the State of Georgia, 1 hereinafter called the "Contractor," and AUGUSTA, GEORGIA, (a political subdivision of the State of Georgia), through its AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT, herein 1 called the "Owner" and AUGUSTA MINI THEATRE, INC., hereinafter called the "Grant Subrecipient. WITNESSETH, that the Contractor, Owner and Grant Subrecipient for the consideration stated herein, ' mutually agree as follows: ' ARTICLE I STATEMENT /SCOPE OF WORK. The Contractor shall furnish all labor, material, equipment, and ' services and perform and complete all work required for the construction of Project No. 09031 in strict accordance with "the plans, specifications and drawings for this project developed by 2KM Architects, as 1 architects. Numbered 09- 08.04, dated 03/11/2010. Said documents being incorporated herein by reference and made a part hereof. ' ARTICLE II CONTRACT PRICE. The Augusta, Georgia Housing & Community Development Department, Owner, shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and 1 deductions as provided in the specifications for completed work meeting the requirements of the Contract Documents, the sum of: Forty Thousand, Eiqht Hundred dollars and no cents ($40,800.00) Said contract price being paid as draws against the contract price and deducting from each draw 10 % as ' retainage. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the OWNER and to fully complete the project within 90 1 consecutive calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $100 for each consecutive calendar day thereafter as hereinafter provided in Paragraph "9" of the General Conditions. 1 1 1 1 CONSTRUCTION CONTRACT 1 ARTICLE III 1 Contractor agrees that time is of the essence in the completion of the work in the time required by this contract and hereby waives any formal notice of default for failure to complete the work of any of its component parts on time. 1 ARTICLE IV Contract Documents. The contract documents consist of the following: 1 (a) This Contract (b) General Conditions ' (c) Special /Supplemental Conditions (d) Technical Specifications; and ' (e) Drawings. ARTICLE V 1 SPECIAL STIPULATIONS. The following provisions shall control if in conflict with any of the foregoing terms of this contract. In the 1 event that any provision or any other component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in the ARTICLE IV shall ' govern, except as otherwise specially stated. The various provisions in the Addendum shall be construed in the order of the preference of the component part of the Contract which each modifies. 1 1 (INTENTIONALLY LEFT BLANK) 1 1 1 2 1 1 CONSTRUCTION CONTRACT I IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed by and through their authorized representative in four (4) original counterparts as of the day and year first above written. •• •ms•• • � . 4 AUGUSTA, GEORGIA • I � c . ,- ••. O # Owner Ori < : 4.' �f • • 0 LO, � . • • • BY s , ' ` v m David S. Co n haver • p � ' • c 1996 • ® b ,r ]� As its Mayor • f � ? j "7 , I - „''��C =- er Clerk of Commission I to,5tt . #4, Lc) ni jij 4 ,0 U(Witness) 1 / /` ' APPLEGRA�H CONSTRUCTION, LLC ATTEST: 1 a n . ctor I / / o SEAL t BY: s its Presid-nt F ' As its C r r. • ate Secretary I 7; I AUGUSTA MINI THEATRE, INC. Grant Subrecipient I BY: fl I Pa ywyn Boliek As its President t ,:(-7,,,t As its Corporate Secretary (Witness) I 1 1 "tiiIN, , 1 CONSTRUCTION CONTRACT 1 / C ' Frederick L. Russell City Administrator * 0 91 111111r Chester A. Wheeler, III Director AHCDD A 1 A Approved as to form by: Andrew 1 Andrew G. MacKenzie General Counsel 1 1 1 1 1 1 1 1 4 1 ., 1 I AUGUSTA HOUSING & NEIGHBORHOOD DEVELOPMENT DEPARTMENT I VglijNr;bentgat*S'''. :' ''' 0., ."' J.7 MiRi' tREESAEN: eai***;tiANIaFiti This Agre -- - - i is betc;en (Contractor): 1 . . ' Applegr- ' Construction, LLC 2612 C-ntrai Avenue 1 Augusta, GA 30904 i I and (Subcontractor): 1 Name: I Insurance Company: ei a.,s, ,,,...„4 -_-1_ , ez , I 1 Policy Number P 31 8 Company: fliVele (118 rs S.epp I 4 C. 0 Z-5 7 I E Address: - b cr. t; :Iv ci ( 7 ,i s ' 1 A o x ln I I :J ul - roe .6 2 A o ,.... 6 o o is o sii I I License Number 0 f et "". 4 Project: Augusta Mini Theatre Site Fencing Project 2548 Deans Bridge Road 1 Augusta, GA 30906 I Project #: CDBG #09031 tkiWnX ;' 0,10::V-Ar' , Z ' :="4:14 a " ::!2": 1; :t: • * 6-jijtifi0* ,,,;:, ., ,,,, 1 1 I '.:;,':''qtglltrft.V'iarz:;,ltr:ZriritaP;iiiti:iOtlti$04W6;N:'nei41-FiO5'*'45AF:*VCO Total' price of project: $ / ?...... " Terms of payment: ?9 4/ I .,/ ii, ,... - II - -, A— 41'■ g 0 / I P r ffi r ractor's sign. re D- e S17contra7r i D te The Subcontractor identified above, under penalty of law, certifies that he is properly licensed to perform the services I specified in the State of Georgia. The Subcontractor further certifies that he has not been barred from participating in federally-funded construction projects, either under this company name of any previous company name. The Subcontractor warrants all materials and workmanship for a period of one year from the date of completion or the full I period of the manufacturers warranty, whichever is longer. C-6 1 1 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT ,Attg,vetkoliia.e,,,?mstammt-imw e = fe='` w '• ia,o CONTRACTOR: APPLEGIT CONSTRUCTION, LLC 1 PROJECT: AUGUSTA MINI THEATRE SITE FENCING PROJECT #: CDBG #09031 Ntighe i4:4-64;p4VeRe:30,:NP.:Vilf,n=0,1,41re;44:=4tAtr.V4755,45010:4.0.4:=10 OVA =!<":,= 4:1 ViSIV 1 CARPENTRY 1 CARPET & VINYL 1 1 DRYWALL ELECTRICAL HVAC LEAD ABATEMENT 1 MASONRY 1 PAINTING 1 PLUMBING 1 ROOFING 1 SIDING TERMITE „Pr fir": =Apr" Allre,70 11 • OTHER It " ht I PP- A P.1 AV - - (e A5r 1 List all companies that will perform work this project. List your company Wthose trades you will perform with your own employees. Submit to the Housing and Community Development (HCDD) Department with your executed contract. No Subcontractor may start work on this project until approved by HCDD. 1 ■ v.,/ i.vi [Ail.%) J_V:Z1. re,,A. tV0001134(0 " naner billiCterS SUpply .FENUE 41 002/002 '....... "..',:,.,' :.''.-.': ::::.`.•..' ''. ':•'. .'.'.. ' .:,,,,.... .,..-: ' ... ' :c... -..: -,..,',.':'' ." ' - . . i'-;'' l'-' :::::','„.., -:' ; L.;.,.....' -:-.'.:,', '.• v .:,,,.,.',,,,:, . , . .. • . .. .., .. . . .,., . . — ' ' ': ''''''' . . T4iIS OEIiTIAOATE IV TO BE POSTED IN A CONSPICUOUS PLACE IN THE BUSINESS HEREIN OESCRIBEO. • ..... . . ... ., . . ... .. ,. . ... .. : . ..,.., ,:., ..;..., ,-,..,... ,::.. ,.=.=.-.., ..,, .,= -:::'.'-:...,.. : , J, .:' , `,„ ,.:-.,-.: , .,:-' -..',•- "•.•:' , •;1 ., -...,,' ,y„, .,..,"-;• ',,, .;•,' ... , . . ., , • •, .‘ .i.,:, ,-. , ::.;f ;( 1.:. . . - k....- k : ''''..'" 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'''..',„ . •,:,.`,,,:-, 1";"..'•[... . sf, ',,..• '.,,,-,.", i. , ,",. "' V:.„ ; ,,,',,,!,' "•::-, et'•: :".".'•'.-"' ., „ . .. .. ,.. .. . .. , . . , , . .z•„ •.,•.,. ,.....o . . • . , . . . . .. . • • • . , • .•;', ',.; "-, '',',.2'.,„ ',,,.-1,',•. •t,''.. :j'",''',...'„ •••:::', ......,::: :•."' "•'••,;,:. , ..".2.'; •:".. '": '' •;'••• .-:' ',...- ; '',.•-r •I "• .: t. . , ,.,, ..,;.., ,2. r .1.: l ■ .",:::. .1.::.' ::.:k.. ' ''''' ':•': ',I :7 . 1 . : i l ,.. ' t : : ' ... ' 1. . , ..: , .. . .. ,r■:, ',., '::: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To: AUGUSTA - RICHMOND COUNTY COMMISSION Date: i �' -` mm/dd/ c/o Project r Ms. Rose White Augusta Housing & Community Development Department Pr ect Name: 925 Laney- Walker Blvd., Second Floor J Augusta, Georgia 30901 Mie 1. The undersigned, having executed a contract with Augusta- Richmond County Commission for the construction of the above - identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; 2. He certifies that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6 (b) of the Regulations of the Secretary of Labor, Part 5 (29CFR, Part 5) or pursuant to Section 3 (a) of the Davis -Bacon Act, as amended (40 U.S.C. 276a- 2(a)). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten (10) days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Conceming Labor Standards and Prevailing Wage requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: / 249e, off,*.-,#.1,„/„.- C -7 rarirmo.n 1 (b) The undersigned is: (check one) (1) A Single Proprietorship (2) A corporation Organized in the State of Georgia I (3) A Partnership (4) Other Organization (Describe) ij12 1 (c) The name, title and address of the owner, partners or officers of the undersigned are: 1 Name Title Address l ,.` � I l l , o f A 'Ji' '_ ° / of) rfrov I 111,1r. t� (d) The names and addresses of all other persons, both natura a • . .ora -, ha in_ a 1 substantial interest in the undersigned and the nature of the interest are (If none, so state): Name Address Nature of Interest 1 I i ■ (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are (If none, so state): I Name Address Trade Classification II /Vile I / . f ry i Date: %� % `• 1 I f (Contra tor) 1 By: �� /, lO (Signature) 1 WARNING: U. S. Criminal Code, Section 1010, Title 18 U.S.C., provides in part: "Whoever, makes, passes, utters or publishes any statement, knowing the same to be false .... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 1 C -8 1 q . SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To: AUGUSTA - RICHMOND COUNTY COMMISSION Date: mmdd /yy c/o Project Number: Ms. Rose White Augusta Housing & Community Development Department Project Name: 925 Laney - Walker Blvd., Second Floor Augusta, Georgia 30901 The undersigned, having executed a contract with MA., r Icer_s. P l� (Contractor or Subcontractor) j for r Q-t [ y1.S J t ►^r, (Nature of Work) The construction of the above - identified project, certifies that: (a) The Labor Standards Provisions of the Contract for Construction are included in the aforesaid contract. (b) Neither he nor any fine, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6 (b) of the Regulations of the Secretary of Labor, Part 5 (29CFR, Part 5) or pursuant to Section 3 (a) of the Davis -Bacon Act, as amended (40 U.S.C. 276a- 2(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation. partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten (10) days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about S r /0- (S - / c) (Date) C-9 1 i 9 / 1 (b) He certifies that: I The legal name and the business address of the undersigned are: The undersigned is: (check one) I (1) A Single Proprietorship (? A corporation Organized in the State of Georgia (3) A Partnership A N Other Organization (Describe) (c) The name, title and address of the owner, partners or officers of the undersigned are: i Naive Title Address .., i .. 3 r 1 r ` Y r-< c; c(. - PIS- 3bx Ze•-(Sci s 114a- 0)4 a s/7 b M t -C.4 - 4 `■ t«. ?(.4e1 . o. 1.0 s ) tL.lc C . (d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned and the nature of the interest are (If none, so state): Name Address Nature of Interest (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are (If none, so state): Name Address Trade Classification Z / w Y Date : ° ' : �°"; `< ,, r , , (ubcon na u C.10 ii ,,.: ' 1 „, :. ,• Western Suret Company .. I.. Y PERFORMANCE BOND I Bond No. 70982899 li, II 1 KNOW ALL MEN BY THESE PRESENTS: I Ili I That we, Applegraph Construction, LLC (Contractor), as Principal, and WESTERN SURETY COMPANY, of I I i 1 I ; Sioux Falls, South Dakota, as Surety, are held and firmly bound unto Augusta Richmond County Commission, Augusta- i I Richmond County Municipal Building, 530 Greene Street, Augusta, Georgia 30901 (Owner), as Obligee, in the penal sum of Forty Thousand Eight Hundred and No /100 DOLLARS ($ 40,800.00), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, i II I jointly and severally, firmly by these presents. I ''I 1 Ili WHEREAS, said Contractor, Principal herein, has, by written agreement dated August 12, 2010, entered into a r:.; P Y g g II III 1 :1i contract with owner for Augusta Mini Theatre Site Fencing, Project No. 09031 I III II in accordance with drawings and specifications prepared by N /A. III which contract is by reference made a part hereof, and is hereafter referred to as the "Contract." II III FI III NOW, THEREFORE, a condition of this obligation is such that, if the contractor shall faithfully perform work 1 I contracted to be performed and comply with all provisions of the Contract, then this obligation shall be void; otherwise to remain I II III in full force and effect. The total amount of the Surety's liability under this bond shall in no event exceed the penal sum hereof 1 Ell I 'I No right of action or recovery shall accrue hereunder to or for the use of any person or entity other than the Owner I. 0 named herein, its heirs, executors, administrators or successors. II "I Provided, however, as to the Owner, the right of recovery shall be upon the following expressed conditions, the II performance of which shall be a condition precedent: ICI III First: That in the event of any default on the part of the Principal, written notice thereof shall be delivered to the Surety III as promptly as possible, and in any event within ten (10) days after the Owner shall become aware of such defaults, no further E I payments shall be made under the said Contract without the written consent of Surety. If the Principal shall abandon said i: i Contract of be compelled by the Owner to cease operations thereunder, then Surety shall have the option to proceed or procure II others to proceed with the performance of such Contract, and all reserves, deferred payments, and other monies provided by said PI Contract to be paid to the Principal shall be paid to the Surety, at the same time and under the same conditions as by the terms of 11 't said Contra such monies would have been paid to the Principal had the Contract been performed by the Principal. The Surety Ijl I { shall be entitled to all such payments and monies in preferences to any assignee of the Principal or any adverse claimant; but if I ` the Owner shall complete or re -let the Contract , all reserves, deferred payments or other monies remaining after payment for I ll ,; a P PY g a PY II, 1 ';i ; such completion shall be paid to the Surety or applied as the Surety may direct toward the settlement of any obligation or liability I ti ii incurred hereunder. � IV incurred AI I I I Second: That the Owner shall faithfully perform al of the terms, covenants and conditions of said Contract on the part ICI I I' of the Owner contracted to be performed. In no event shall payment or payments to the Contractor for Owner be in an amount III III greater than ninety percent (90 %) of the value of the work performed by Contractor to the date of such payment. Owner shall III retain the remaining ten percent (10 %) of all payments and all reserves or deferred payments for a period of thirty (30) days after ; completion and acceptance of the total project by the Owner, or a period to correspond to the applicable lien period in which !`I 1 P P l P P PP P i:i notices of claims or claims of lien by persons performing work or furnishing materials may be files, or until all such claims have II been paid, unless the Surety shall consent in writing to the payment of said final payment, reserve or deferred payments. .1 Third: That the Surety shall not be liable for any damages resulting from strikes, labor difficulties, or from mobs, riots, II I 11I civil commotion, public enemy, fire, the elements, shifting of elements, acts of God or defects or faults in the plans or I I specifications referred to in said Contract or for repairs or reconstruction of any work or materials damaged or destroyed by any I'i + II! of said causes; or for damages arising out of injuries to persons or property of for the death of any person or persons, or by virtue Ni I of any statutory provision for damages or compensation for injury to or the death of any employee; or for the infringement or Iii I III validity of any patent; or for the efficiency or wearing qualities of any work done or materials furnished or the maintenance III I Ili therefor repairs thereto; or for the furnishing of any bond or obligation other than this instrument. �f ill !I III (11 I 1 I1 I. 1 • I ��I Ii 1 Fourth: that no suit, action or preceding by the Owner to recover on this bond shall be sustained unless the same be commenced within twenty-five (25) months from the date upon which the Owner gave Surety written notice if defaults as 1 provided herein. I I I Fifth: That the Surety is obligated only to the dollar amount shown on the face of this bond. If any additions or 1 alterations of the original Contract upon which this bond was issued occur, increasing or altering the contract price, the Surety is obligated only to the proportional amount that the original Contract bears to the altered contract price, unless expressly waived by the Surety in writing. l . lif SIGNED, sealed and dated this 23th day of August, 2010. III 'i1 1E 1 Applegraph Construction LLC E i (Principa :, I III Li i i i Title: President i E Ili We Surety Company 11; f I I Ji 1/�� /[ il By: G ald A A ion // � I,; g i, ( ttorney -in -Fact) ' " I 7 111 111 ., 1.. i ill I ii Il „ i i I I 1 , 1 1 y i 1, I ' II i I1 1, 1 1 II III ii 1 II 11 1I 1 1 1 1 1 �( j 1 ,., 11 1 1 II , EI ill ll i II 1 __ I Western Surety Company l ' 1 Bond No. 70982899 E „, PAYMENT BOND I i I u ICNOW ALL MEN BY THESE PRESENTS: That Applegraph Construction, LLC, Principal, and jj( WESTERN SURETY COMPANY, 101 S. Phillips Ave., Sioux Falls, SD 57014, Surety, are firmly held and firmly i4 bound unto Augusta Richmond County Commission, Augusta- Richmond County Municipal Building, 530 Greene I I l II Street, Augusta, Georgia 20901, Obligee, in the sum of Forty Thousand Eight Hundred and No /100 Dollars ($ f.) 40,800.00), for payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and II I" severally, firmly by these presents. ii u WHEREAS, Principal has entered into a contract with Obligee, dated August 12, 2010 for Augusta Mini Theatre l j Site Fencing, Project No. 09031, copy of which contract is by reference made a part hereof. 111 NOW, THEREFORE, if Principal shall promptly make payment to all persons supplying labor and material I II; incorporated in the prosecution of the work provided for in said contract, then this obligation shall be void, II otherwise to remain in full force and effect. PROVIDED HOWEVER, that the Obligee having required the said Principal to furnish this bond in accordance with any applicable statutes, all rights and remedies shall inure solely to the statutory beneficiaries in accordance with the provisions, conditions, and limitations of said applicable statutes to the same extent as if they were copied at length herein. SIGNED, SEALED AND DATED this 23th day of August, 2010. III I 1 ;Ij A ••I vra•h o struction LL 1 I I 1 y• I West • n Surety ompany / ' I By: AI,. �..�/ I Ge• -Id A Arm -tong (' orney -in -Fact) I il � Il! III I L ) ( i `i I ll II Western Surety Company 1 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation I having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint J Richard Blanchard, Gerald A Armstrong, Francis P Meehan, George Jeffery Palmer, Jessica Anne Bender, Norman Reid Carnes Jr, Matthew Alan Griffin, Individually 1 of Augusta, GA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, I undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - 1 and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. 1 This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. 1 In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 26th day of March, 2009. WESTERN SURETY COMPANY 1 as st Er}. y �4RPOq� } O ;_ I t AV •IWZ IT `. TH 67: „ . „„ I State of South Dakota Paul : Bruflat, Senior Vice President 1 s County of Minnehaha I On this 26th day of March, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so I affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. I My commission expires +%. + a D. KRELL $ November 30, 2012 f NOTARY PUBLIC SE i SOUTH DAKOTA r 4%.,.....4.01.1.....v.,...000%., S�hS5 ...r. ,(tEa D. Krell, N ary Public CERTIFICATE ' I I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this - 1 3 4.-A day of 14 i4 i u f , .2L 1 Cl . a$`s -REr n WESTERN SURETY COMPANY c:DT. 24.1...../ L. Nelson, Assistant Secretary Fonn F4280 -09 -06 1 Authorizing By -Law 1 ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders 1 of the Company. 1 Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the 1 corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 1 1 1 1 1 1 1 1 1 1 1 1 1 4» c CERTIFICATE OF LIABILITY INSURANCE OP ID NT DATE(MM/DD/YYYY) I os /2o /l0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iesj must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I PRODUCER ULM l At. a NAME: PHONE ACHS Insurance of Aiken IAM Ext): jvc No): 116 D Pendleton Street SW A ADDRESS: i Aiken SC 29801 PRODUCER CUSTOMER ID p: APPLE -4 Phone :803- 644 -4914 Fax:803- 644 -4915 INSURER(S) AFFORDING COVERAGE NAIC INSURED INSURER A : Builders Insurance Appppleggra h Construction LLC INSURER B : Allied Property & Casualty Ins 2 Central Ave I Augusta GA 30904 INSURERC: RLI INSURER D : INSURER E : I INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I EXCLUSIONS AND CONDITIONS OF SUCH ROUGES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR" AUUL SUMP LTR TYPE OF INSURANCE INSR Wv0 POLICY NUMBER ( MM /DD Y /Y E YYY) (MM(DD /Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY DAMAGE I U Kral I EU GLP007875800 01/22/10 01/22/11 PREMISES (Ea occurrence) $ 100000 I CLAIMS -MADE f X j OCCUR MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $ 1000000 _ GENERAL AGGREGATE $ 2000000 I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2 000000 POLICY PRO- $ JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X ANY AUTO ACP5904651022 08/20/10 08/20/11 (Eaacci BODILY NJ INJ $ 1000000 111 URY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ ' X NON OWNED AUTOS - $ _ UMB LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ I DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION WCV80653 06/02/10 06/02/11 X WCSTATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY OMITS ER I ANY PROPRIETOFUPARTNER/EXECUTIVEn E.L. EACH ACCIDENT $ 100000 OFFICER/MEMBER EXCLUDED? N /A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 100000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500000 C LICENSES BOND LSM0182815 04/07/10 04/07/11 COLUMBIA 20,000 I C LICENSES BOND LSMO214934 07/02/10 07/02/11 RICHMOND 20,000 DESCRIPTION LOCATIONS ESCRIIPTION OF OPERATIONS / LOCATNS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) pp #903ect: Augusta Mini Theatre Site Fencing Public Facility Project - CDBG CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Housing and Community . Development Department AUTHORIZED REPRESENTATIVE I 925 Laney Walker Blvd 2nd FL Augusta GA 30901 Jason Palmer �- I ©1988 -2009 ACORD COR RATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD 1 • A I- m DATE (MMMDD /YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/27/2010 I PRODUCER (706) 650 -6000 FAX: (706) 650 -6001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Blanchard & Calhoun Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 245 Davis Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 212359 I Augusta INSURED GA 30917 -2359 INSURERS AFFORDING COVERAGE NAIC # -_... - - - - -- - --- - -- - -- _.. - -- - -___... . - _ INSURER A: Cincinnati Insurance Company 10677 Maner Builders Supply Co . , Inc . INSURER B: Cincinnati Casualty Company 28665 I P 0 Box 204598 INSURER C: INSURER D: • Augusta GA 30917 INSURER E: COVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L - - - -- POLICY EFFECTIVE ' POLICY EXPIRATION - - - - I GENERAL LIABILITY POLICY NUMBER DATE (MM /DD/YYYY) LIMITS LTR INSRD TYPE OF INSURANCE DATE (MMIDD/YYYY) EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL MERCIAL GENERAL LIABILITY i PREMISESJEa occurrence) , $ __.... 500, 000 A CLAIMS MADE X OCCUR COP2315718 1/1/2010 1/1/2011 MED EXP (Any one person) $ 10, 000 X Contractual Included PERSONAL & ADV INJURY $ 1,000,000 X XCU $250 PD Ded GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES I PRODUCTS - COMP /OP AGG $ 1, 000 , 000 IECT - _. _..... X POLICY X PRO- LOC I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X : ANY AUTO (Ea accident) A ALL OWNED AUTOS COP2315718/C0A23 "_5718 1/1/2010 1/1/2011 BODILY INJURY (Per person) $ I SCHEDULED AUTOS _...- _. X '.. HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) X Comp Ded 500 , PROPERTY DAMAGE $ I X Coll Ded 1,000 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ _... ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ I A EXCESS UMBRELLA LIABILITY LA AGGREGATE 25 IMS MADE COP2315718 1 /1/2010 1/1/2011 EACH OCCURRENCE $ 25, 000, 000 X OCCUR lip i ATE $ , 000, 000 _.. .._.___ ._.:. 0 .. UL Serves to Increase ! - $ I DEDUCTIBLE AL, GA and EL (WC) Limits', $ - - RETENTION $ $ - - B WORKERS COMPENSATION WC STATU- OTH - WC89032022_ 1/1/2010 1/1/2011 X TORY LIMITS , ER AND EMPLOYERS' LIABILITY - - - - Y/N ANY PROPRIETOR /PARTNER/EXECUTIVE Covers SC,NC, E FL. E.L. EACH ACCIDENT $ 500,000 i OFFICER/MEMBER EXCLUDED? -- - - - - (Mandatory in NH) t o Coverage for GA. E.L. DISEASE EA EMPLOYEE $ 500, 000 If yes, describe under SPECIAL PROVISIONS below No Deductible . 84EXp Mod E.L. DISEASE - POLICY LIMIT $ 500, 000 A OTHER Equipment Floater coP2315718 1/1/2010 1/1/2011 $70,000 Leased/ II , Equipment min Wort DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: Augusta Mini Theater I Applegraph Construction is included as additional insured on the general liability policy when required by written contract but only with respects to work performed by or for the named insured. ' CERTIFICATE HOLDER CANCELLATION (706) 993 -3042 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Applegraph Construction DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 2 612 Central Ave NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL I Augusta, GA 30904 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Preston Moss /VWHITE t ACORD 25 (2009/01) ©1988 -2009 ACORD CORPORATION. All rights reserved. 1NS025 (200901) The ACORD name and logo are registered marks of ACORD 1 • • ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) TM 8/27/2010 I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Georgia Administrative Services, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1775 Spectrum Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lawrenceville, GA 30043 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Construction Suppliers Association Self Insurer's Fund 30006 Maner Builders Supply Company INSURER B: P.O. Box 204598 I INSURER C: Augusta, GA 30917 INSURER D: INSURER E: COVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESC i3EC i -IEREN io SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS I I TR NSRG TYPF OF INS! IRANCF POLICY NUMBER DATF (MMInnlYY1 DATE IMM /Drl/WI GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED • COMMERCIAL GENERAL LIABILITY PREMISES (Fa oc urance) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ 1 PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 7 POLICY 7 PRO- LOC I AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY 1 SCHEDULED AUTOS • (Per person) $ • HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) I PROPERTY accident) AGE (Per acc $ ident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ i AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ 1 DEDUCTIBLE _ $ RETENTION $ $ WORKERS COMPENSATION AND © WC STATU- OTH- TORY I IMITS FR EMPLOYERS' LIABILITY 000 000 1 A 075- 001160 -10 1/1/2010 1/1/2011 E.L. EACH ACCIDENT $ 2 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L DISEASE - POLICY LIMIT $ 2,000,000 OTHER I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: Augusta Mini Theater 1 1 CERTIFICATE HOLDER CANCELLATION APPLEGRAPH CONSTRUCTION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1 2612 CENTRAL AVE AUGUSTA, GA 30904 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (� � 111 &k.Ei -Le key_ • ACORD 25 (2001/08) ©ACORD CORPORATION 1988 1 1 NOTICE TO PROCEED TO: Mr. Charles Haywood Applegraph Construction, LLC 2612 Central Avenue 1 Augusta, GA 30901 PROJECT #: 09031 PROJECT NAME: Augusta Mini Theatre Site Fencing 2548 Deans Bridge Road, Augusta, GA 30906 DESCRIPTION: Install fencing at rear and two sides of the facility. You are hereby notified to commence work in accordance with the Agreement dated August 12 2010, on or before October 25, 2010 and you are to complete the work within 90 consecutive calendar days thereafter. The date of completion of all work is therefore January 24, 2011. AUGUSTA HOUSING & COMMUNITY DEVELOPMEN DEPARTMENT BY: Chester A. Wheeler, III, Director ACCEPTANCE OF NOTICE: Receipt of the above Notice to Proceed is hereby acknowledged on this the 14 day of October 201t. r - BY: / .% • V ontractor Na Title C-1 4 • ' LOBBYING CERTIFICATION ' Applicable to Grants, Sub- grants, Cooperative Agreements, and Contracts Exceeding $100,000 in federal funds. ' Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by Section 1352, Title 31, U. S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any 1 person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 1 The Undersigned certified, to the best of his or her knowledge and belief, that 1. No Federal appropri:td fu •s have been paid or will be paid, by or on behalf of the 1 undersigned, to any p ' • n , r influencing or attempting to influence an officer or employee of any age cy, Me ter of Congress . officer or employee of Congress, or an employee of a M ber • \ . ess in c•,-+ ection with the awarding of ANY Federal ' contract, the making `A f any • er. gr. • the making of any Federal loan, the entering into of any cooperativ ` agree - ' t, a • the extension, continuatio • , renewal, amendment, or modification of any ederal c► • ,• act, : ant, loan or cooper. ' e agreement. 2. If any funds other than • - al a � •riated funs s have been paid or will be paid to any Y pp P persons for influencing o i ttempting influence an officer or employee of any agency, a Member of Congress, an • ficer or em i loyee of Congress, or an employee of aMember of Con;. --- 'n connection ith THIS Federal contract, grant, loan, or cooperative agreeme t, he signed sha complete and submit Standard Form -LLL, "Disclosure ' Form to s e s\,, rt Lob y %" in acc: dance with its instructions. I 3. The under ' gne , shall require tha e language of this certification be included in the award doc ent for all subawards at all tiers (including subcontracts, subgrants, and contracts and , gr: t, loans and cooperative agreements) and that all subrecipients shall certify and disc e , ccordingly. Name of Official: ' (Print) Title: 1 Signature: Date: NOTE: CONTRACTORS ARE REQUIRED, PURSUANT TO FEDERAL LAW, TO INCLU DE ' THE ABOVE LANGUAGE IN SUBCONTRACTS OVER $100,000 AND TO OBTAIN THIS LOBBYING CERTIFICATE FROM EACH SUBCONTRACTOR BEING PAID $100,000 OR MORE UNDER THIS CONTRACT. 1 C 1 ■ SECTION D FEDERAL & GENERAL REQUIREMENTS ' • General Conditions ' • Supplemental General Conditions • Additional Supplemental Conditions — Mandatory Compliance for Section 3 • Section 3 Report: Project Workforce Breakdown "New Hires" • Section 3 Report: Project Workforce Breakdown "Subcontractor Contracts" • Federal Labor Standard Provisions (Reprint of HUD-4010) ' • Wage Decision Transcript ' • Contractor Reporting Requirements • Davis Poster — W-1321 • Instructions for Development of Affirmative Action Programs • Affirmative Action Goals and Timetables • Certification of Non Facilities — Contractor • Certification of Non-Segregated Facilities — Subcontractor i i • GENERAL CONDITIONS 1 CONDUCT OF WORK 1. Definitions. A. "Architect" means the person or other entity engaged by the Owner or Grant Recipient to perform 1 architectural, engineering, design, and other services related to the work as provided for in the contract. When the Owner uses an engineer to act in this capacity, the terms "architect" and "engineer" shall be synonymous. The Architect shall serve as a technical representative of the Owner and the Grant Recipient. The Architect's 1 authority is as set forth elsewhere in this contract. B. Contract means the contract entered into between Owner, Grant Recipient and the Contractor. It includes the forms of Bid, the Bid Bond, the Performance and Payment Bond or Bonds or other assurance of ' completion, the Certifications, Representations, and Other Statements of Bidders, these General Conditions of the Construction Contract, the applicable wage rate determinations from either the U.S. Department of Labor or HUD, and any Supplemental and Special conditions included in the contract, the Notice to Proceed, the drawings and specifications, and the work write up. It includes all formal changes to any of those documents by addendum, change order, or other modification The Contract, including all referenced documents, constitutes the entire agreement between the parties. No agent, representative, employee or officer of either Owner, the Grant Recipient, or the Contractor has authority to make any statement, agreement or ' representation, oral or written, in connection with the Contract, which in any way can be deemed to modify, add to or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of ' the Contract. No modifications, alterations, changes, or waiver to the Contract or any of its terms shall be valid or binding unless accomplished by a written amendment signed by all parties. All such amendments will be made using the appropriate Owner form. ' C. "Contractor" means the person or other entity entering into the contract with the Owner and the Grant Recipient to perform all of the work required under the contract. ' D. "Drawings" means the drawings enumerated in the schedule of drawings contained in the Specifications and as described in the contract clause entitled "Specifications and Drawings for Construction" herein. E. "Owner" means the City of Augusta. F. "AHCDD" means the Augusta Housing and Community Development Department, the Owner's representative for this contract which may be referred to in these General Conditions as Owner. The Owner provides financial ' assistance to an eligible Grant Recipient, which includes assistance in financing the work to be performed under this contract. As defined elsewhere in these General Conditions or the contract documents, the determination of Owner's AHCDD is required to authorize changes in the work or for release of funds for payment to the Contractor. Notwithstanding AHCDD's role, nothing in this contract shall be construed to create ' any contractual relationship between the Contractor, Owner and AHCDD. G. "Grant Recipient" is the person or organization identified as such in the Construction Contract. The term ' Grant Recipient means the recipient of grant funds or his authorized representative. H. "Project" means the entire project, whether construction or rehabilitation, the work for which is provided for in whole or in part under this contract. 1 I. "Specifications" means the written description of the technical requirements for construction and includes the criteria and tests for determining whether the requirements are met. 1 • • D -1 1 GENERAL CONDITIONS 1 ' 3. Architect's Duties, Responsibilities, and Authority. A. The Architect for this contract, if any, shall be designated in writing by the OWNER. ' B. The Architect shall serve as the OWNER's technical representative with respect to architectural, engineering, and design matters related to the work performed under the contract. The Architect, when requested by OWNER, may provide direction on contract performance. Such direction shall be within the scope of the contract and may not be of a nature which: 1) Institutes additional work outside the scope of the contract; ' 2) Constitutes a change as defined in the "Changes" clause of this contract; 3) Causes an increase or decrease in the cost of the contract; 1 4) Alters the Construction Progress Schedule; or 5) Changes any of the other express terms or conditions of the contract. 1 C. The Architects duties and responsibilities may include but shall not be limited to: 1) Making periodic visits to the work site, and on the basis of on -site inspections, issuing written ' reports to OWNER's AHCDD, which shall include all observed deficiencies. The Architect shall file a copy of the report with the Contractor's designated representative at the site; 2) Making modifications in drawings and technical specifications and assisting OWNER in the preparation of change orders and other contract modifications for issuance by OWNER. 3) Reviewing and making recommendations with respect to: a) the Contractor's construction progress schedules; b) the Contractor's shop and detailed drawings; c) the machinery, mechanical and other equipment and materials or other articles proposed for use by the Contractor. d) Assisting in inspections, signing Certificates of Completion, and making recommendations 1 regarding acceptance of work completed under the contract. 1 1 1 1 111 D - 1 GENERAL CONDITIONS 1 3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; 1 4) the conformation and conditions of the ground; and 5) the character of equipment and facilities needed preliminary to and during work performance. 1 B. The Contractor acknowledges that he is satisfied as to the character, quality, and quantity of surface and sub - surface materials or obstacles to be encountered insofar as this information is reasonably 1 ascertainable from an inspection of the site, including all exploratory work done by OWNER, as well as from any drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or from 1 proceeding to successfully perform the work without additional expense to OWNER or the Grant Recipient. C. OWNER assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by OWNER. Nor does OWNER assume responsibility for any understanding reached or representation made concerning conditions that can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is ' expressly stated in this contract. 4. Differing Site Conditions. A. The Contractor shall, within two (2) business days of discovery, and before the conditions are disturbed, give a written notice to Architect and OWNER of: ' 1) subsurface or latent physical conditions at the site which differ from those indicated in this contract; or 2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ' ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract. B. The OWNER's Architect shall investigate the site conditions promptly after receiving the notice. Work shall not proceed at the affected site, except at the Contractor's risk, until OWNER's Architect has provided written instructions to the Contractor. If the conditions materially differ and cause an increase or decrease in the Contractor's cost or the time required for performing any part of the work under this contract, whether or not changed as a result of the conditions, OWNER's Architect will make an equitable 1 adjustment in the contract price, the delivery schedule, or both under this clause and the contract modified in writing accordingly. 1 C. No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed above for giving written notice may be extended by OWNER's Architect. D. No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract. 1 5. Specifications and Drawings for Construction. A. The Contractor shall keep on the work site a copy of the drawings and specifications and at all times give access to OWNER and the Architect. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications D -5 GENERAL CONDITIONS 1 H. It shall be the responsibility of the Contractor to make timely requests of the Architect for such large scale and full size drawings, color schemes, and other additional information, not already in his possession, which shall be required in the planning and production of the work. Such requests may be submitted as 1 the need arises, but each such request shall be filed in ample time to permit appropriate action to be taken by all parties involved, so as to avoid delay. 1 The Contractor shall submit to the Architect for approval six (6) copies (unless otherwise indicated) of all 1 shop drawings as called for under the various headings of these specifications. One set (unless otherwise indicated) of all shop drawings will be retained by OWNER, the Architect, and the Grant Recipient, and one set will be returned to the Contractor. As required by OWNER's AHCDD, the Contractor, upon 1 completing work under this contract, shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the work is completed and accepted. 1 J. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all shop drawings prepared by subcontractors are submitted to the Architect and OWNER. 1 K. The Contractor shall provide with each submittal for approval a certificate attesting that the products or materials to be supplied are: 1 1) currently and readily available; 2) not obsolete or discontinued; and 3) not to be discontinued or deleted from the supplier or manufacturers stock within the next calendar 1 year. . 6. As -Built Drawings. 1 A. "As -built drawings," as used in this clause, means drawings submitted by the Contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract. "As -built drawings" shall be synonymous with "Record drawings." 1 B. Within five (5) days of notification of substantial completion, the Contractor shall provide the Architect accurate information to be used in the preparation of permanent as- built drawings. For this purpose, the 1 Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to permanent surface improvements such as buildings, curbs, or edges of walks. No final payment will be made to the contractor until the Architect has received accurate 1 information to be used in the preparation of permanent as -built drawings. C. This clause shall be included in all subcontracts. It shall be the responsibility of the Contractor to ensure 1 that all as -built drawings prepared by subcontractors are submitted to the Architect. 7. Material and Workmanship. 1 A. All equipment, material, and articles furnished under this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the contract to equipment, material, articles, or patented processes by trade name, make, or catalog number, 1 shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may use any equipment, material, article, or process that, in the judgment of, and as 1 D -7 GENERAL CONDITIONS 1 specifications in the contract, work shall comply with all applicable codes and regulations as amended by 1 any waivers. Before beginning the work, the contractor shall examine the drawings and specifications for compliance with all applicable ordinances and codes bearing on the work and shall immediately report any' discrepancy it may discover to Architect and OWNER. Where requirements of the drawings and specifications fail to comply with such applicable ordinances or codes for the new or replaced work, 1 OWNER's Architect will adjust the contract by change order pursuant to the clause entitled "Changes" herein to conform to such ordinances or codes, unless waivers in writing covering the difference have been granted by proper authority. 1 B. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work, whether or not covered by the specifications and drawings for the work. 1 9. Health, Safety, and Accident Prevention. A. In performing this contract, the Contractor shall: 1 1) Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his /her health and /or safety as determined under construction safety and health standards promulgated by the Secretary of Labor 1 by regulation; 2) Protect the lives, health, and safety of other persons; 3) Prevent damage to property, materials, supplies, and equipment; and, 1 4) Avoid work interruptions. B. For these purposes, the Contractor shall: 1) Comply with regulations and standards issued by the Secretary of Labor at 29 CFR Part 1926. Failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and 1 Safety Standards Act (Public Law 91 -54, 83 Statute 96), 40 U.S.C. 327 et seq., 2) Include the terms of this clause in every subcontract so that such terms will be binding on each subcontractor. 1 C. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to 1 property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 CFR 1904. D. OWNER's Architect shall notify the Contractor of any non - compliance with these requirements and of the 1 corrective action required. This notice, when delivered to the Contractor or the Contractor's representative at the site of the work, shall be deemed sufficient notice of the non - compliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the 1 Contractor fails or refuses to take corrective action promptly, OWNER's Architect may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any stop order issued under these circumstances. 1 1 • D -9 1� 1 GENERAL CONDITIONS 1 F. New work, which connects to existing work, shall correspond in all respects with that to which it connects and/or be similar to existing work unless otherwise required by the specifications. 1 G. No structural members shall be altered or in any way weakened without the written authorization of OWNER and the Architect, unless such work is clearly specified in the plans or specifications. H. If the removal of the existing work exposes discolored or unfinished surfaces, or work out of alignment, 1 such surfaces shall be refinished, or the material replaced as necessary to make the continuous work uniform and harmonious. This, however, shall not be construed to require the refinishing or reconstruction of dissimilar finishes previously exposed, or finished surfaces in good condition, but in different planes or 1 on different levels when brought together by the removal of intervening work, unless such refinishing or reconstruction is specified in the plans or specifications. I. The Contractor shall give all required notices to any adjoining or adjacent property Grant Recipient or I other party before the commencement of any work. The Contractor shall indemnify and save harmless OWNER, the Architect, and the Grant Recipient from any damages on account of settlement or the loss of lateral support of adjoining property, any damages 1 from changes in topography affecting drainage, and from all loss or expense and all damages for which OWNER, the Architect, or the Grant Recipient may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. K. The Contractor will repair any damage to vegetation, structures, equipment, utilities, or improvements, 1 including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, OWNER may have the necessary work performed and charge the 1 • cost to the Contractor. 13. Temporary Buildings and Transportation of Materials. 1 A. Temporary buildings (e.g., storage sheds, shops, offices, sanitary facilities) and utilities may be erected by the Contractor only with the approval of OWNER and the Grant Recipient and shall be built with labor and materials furnished by the Contractor without expense to OWNER or the Grant Recipient. The temporary 1 buildings and utilities shall remain the property of the Contractor and shall be removed at the Contractor's expense upon completion of the work. With the written consent of OWNER and the Grant Recipient, the buildings and utilities may be abandoned and need not be removed. 1 B. The Contractor shall, as directed by OWNER's Architect, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by OWNER's Architect. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity ' recommended by the manufacturer of the vehicle or prescribed by any federal, state, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads. 14. Clean Air and Water (Applicable to Contracts in Excess of $100,000). A. Definition. "Facility" means any building, plant, installation, structure, mine, vessel or other floating craft, ' location, or site of operations, owned, leased, or supervised by the Contractor or any subcontractor, used in the performance of the contract or any subcontract. When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the Environmental Protection Agency (EPA) determines 1 that independent facilities are collocated in one geographical area. D -11 1 GENERAL CONDITIONS 1 1 C. OWNER and Architect inspections and tests are for the benefit of OWNER and the Grant Recipient and do not: 1 1) relieve the Contractor of responsibility for providing adequate quality control measures; 2) relieve the Contractor of responsibility for Toss or damaged material before acceptance; ' 3) constitute or imply acceptance; or, 4) affect the continuing rights of the Grant Recipient after acceptance of the completed work under paragraph J below. 1 D. The presence or absence of OWNER or the Architect does not relieve the Contractor from any contract requirement, nor is he authorized to change any term or condition of the specifications without OWNER's Architect written authorization. Architect shall give all instructions and approvals with respect to the work 1 to the Contractor. E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material ' • reasonably needed for performing such safe and convenient inspections and tests as may be required by OWNER. OWNER may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re- inspection or retest necessary. OWNER and Architect shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract. 1 F. OWNER and the Architect may conduct routine inspections of the construction site on a daily basis. G. The Contractor shall, without charge, replace or correct work found by OWNER or the Architect not to conform to contract requirements, unless OWNER decides that it is in their interest or that of the Grant ' Recipient to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. ' H. If the Contractor does not promptly replace or correct rejected work, OWNER may: 1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor; ' 2) terminate for default the Contractor's right to proceed. I. If any work requiring inspection is covered up without approval of OWNER's Architect, it must, if requested by OWNER, be uncovered at the expense of the Contractor. If at any time before final ' acceptance of the entire work, OWNER's Architect considers it necessary or advisable to examine work already completed by removing or tearing it out, the Contractor shall, on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or non - conforming in any ' material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray all the expenses of the examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, OWNER's Architect shall make an equitable adjustment to cover the cost of the examination and reconstruction, including, if completion of the work was thereby delayed, an 1 extension of time. I D -13 1 1 GENERAL CONDITIONS 1 B. The Contractor shall remedy, at the Contractor's expense, any failure to conform, or any defect. In 1 addition, the Contractor shall remedy, at the Contractor's expense, any damage to the Grant Recipient's owned or controlled real or personal property when the damage is the result of: 1 1) the Contractor's failure to conform to contract requirements; or 2) any defects of equipment, material, workmanship or design furnished by the Contractor. 1 C. The Contractor will restore any work damaged in fulfilling the terms of this clause. The Contractor's warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement. ' D. The Grant Recipient shall notify the Contractor and OWNER, in writing, within a reasonable time after the discovery of any failure, defect, or damage. 1 E. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, OWNER shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. F. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: 1 1) .obtain all warranties that would be given in normal commercial practice; 2) require all warranties to be executed in writing, for the benefit of the Grant Recipient; and, ' 3) enforce all warranties for the benefit of the Grant Recipient. G. In the event the Contractor's warranty under this clause has expired, the Grant Recipient may bring suit at ' its own expense to enforce a subcontractor, manufacturer, or supplier warranty. H. Unless a defect is caused by the negligence of the Contractor or subcontractor at any tier, the Contractor shall not be liable for the repair of any defective material furnished by the Grant Recipient, nor for the ' repair of any damage that results from any defect in Grant Recipient furnished material. I. Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs A and C above relate only to the specific obligation of the Contractor to correct the work, and ' have no relationship to the time within which his obligation to comply with the contract may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to its obligation other than specifically to correct the work. t J. This warranty shall not limit the Grant Recipient's rights under the "Inspection and Acceptance of Construction" clause of this contract with respect to latent defects, gross mistakes or fraud. 19. Prohibition Against Liens. ' The Contractor is prohibited from placing a lien on the property of AHCDD or the City of Augusta, or it's officers or agents. This prohibition shall apply to all subcontractors at any tier and all material suppliers. ADMINISTRATIVE REQUIREMENTS D -15 1 GENERAL CONDITIONS 1 G. OWNER may authorize material delivered on the site and preparatory work already completed to be taken into consideration when computing progress payments. Material delivered to the Contractor at locations other than the site may also be taken into consideration if the Contractor furnishes satisfactory evidence that: 1) it has acquired title to such material; 1 2) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by OWNER's Architect; 3) the material is insured to cover its full value; and 1 4) the material will be used to perform this contract. H. Before any progress payment that includes delivered material is made, the Contractor shall furnish such documentation as OWNER and Architect may require assuring the protection of the Grant Recipient's interest in such materials. The Contractor shall remain responsible for such stored material notwithstanding the transfer of title to the Grant Recipient. 1 I. All material and work covered by progress payments made shall, at the time of payment become the sole property of the Grant Recipient, but this shall not be construed as: 1 1) relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or, 1 2) waiving the right of the Grant Recipient to require the fulfillment of all of the terms of the contract. J. In the event the Contractor's work has been damaged by other contractors or persons other than employees of OWNER, the Architect, or the Grant Recipient in the course of their employment, the Contractor shall restore such damaged work without cost to OWNER or the Grant Recipient and seek redress for its damage only from those who directly caused it. K. OWNER shall make the final payment due the Contractor under this contract after: 1 1) completion and final acceptance of all work; and 2) presentation of release of all claims against OWNER or the Grant Recipient arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. Each such exception shall embrace no more than one claim, the basis 1 and scope of which shall be clearly defined. L. The amounts for such excepted claims shall not be included in the request for final payment. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has 1 been assigned. M. Prior to making any payment, OWNER may require the Contractor to furnish receipts or other evidence of 1 payment from all persons performing work and supplying material to the Contractor, if OWNER determines such evidence is necessary to substantiate claimed costs. 1 • • D -17 1 1 GENERAL CONDITIONS 1 C. Except as provided in this clause, no order, statement, or conduct of OWNER shall be treated as a 1 change under this clause or entitle the Contractor to an equitable adjustment. D. If any change under this clause causes an increase or decrease in the Contractor's cost or the time 1 required for the performance of any of the work under this contract, whether or not changed by any such order, OWNER shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no proposal for any change under paragraph B above shall be allowed for any costs incurred more than 20 days (5 days for oral orders) before the 1 Contractor gives written notice as required. In the case of defective specifications for which OWNER or the Architect is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. E. The Contractor must assert its right to an adjustment under this clause within 30 days after: 1) receipt of a written change order under paragraph A of this clause; or S 2) the furnishing of a written notice under paragraph B of this clause, by submitting a written statement describing the general nature and the amount of the proposal. ' F. • If the facts justify it, OWNER may extend the period for submission. The proposal may be included in the notice required under paragraph B above. No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract. ' G. The Contractor's written proposal for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the following details: ' 1) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate cost); Transportation and delivery costs associated with materials; Labor breakdowns by hours or unit costs (identified with specific work to be performed); Construction equipment exclusively ' necessary for the change; Costs of preparation and /or revision to shop drawings resulting from the change; Worker's Compensation and Public Liability Insurance; Employment taxes under FICA and FUTA; and, Bond Costs - when size of change warrants revision. ' 2) Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe benefits not normally treated as direct costs. 3) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and complexity of the work required by the change. H. The allowability of the direct and indirect costs shall be determined in accordance with the Contract Cost Principles and Procedures for Commercial Firms in Part 31 of the Federal Acquisition Regulation (48 CFR ' 1 -31), as implemented by HUD Handbook 2210.18, in effect on the date of this contract. The Contractor shall not be allowed a profit on the profit received by any subcontractor. Equitable adjustments for deleted work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit ' shall be on the net - change in direct costs for the Contractor or subcontractor performing the work. 1. The Contractor shall include in the proposal its request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the ' completion of the contract in its entirety. J. OWNER shall act on proposals within 30 days after their receipt, or notify the Contractor of the date when such action will be taken. 1 . • D -19 1 GENERAL CONDITIONS damages for the alleged breach thereof which are not disposed of by agreement, shall be resolved under ' this clause. C. All claims by the Contractor shall be made in writing within ten (10) calendar days from the date of the ' occurrence of the dispute and submitted to AHCDD for a written decision. A claim by the Grant Recipient against the Contractor shall be subject to a written decision by OWNER. All claims by the Contractor shall be made in writing and submitted to OWNER for a written decision. ' D. OWNER shall, within 60 days after receipt of the request, decide the claim or notify the Contractor of the date by which the decision will be made. ' E. OWNER's decision shall be final unless the Contractor: 1) appeals in writing to the OWNER's AHCDD Director in accordance with AHCDD's policies and procedures; ' 2) refers the appeal to the County Administrator for independent mediation or arbitration in accordance with OWNER's policies and procedures; or 3) files suit in the Superior Court of Richmond County, Georgia. The Contractor, by executing this ' agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. ' F. Such appeal must be made within 14 days after receipt of OWNER's decision. G. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any ' decision of OWNER. ' 8. Default. A. OWNER may declare the Contractor in default by written notice thereof to the Contractor, and terminate the whole or any part of this Contract for any of the following reasons: 1) Failure to begin work within the time specified in the Contract or as otherwise specified; 2) Failure to perform the work with sufficient labor, equipment, or material to insure the completion of ' the specified work in accordance with the Contract terms; 3) Unsatisfactory performance of the work; ' 4) Failure or refusal to remove material, or remove and replace any work rejected as defective or unsatisfactory; 5) Discontinuance of work without approval; 1 6) Failure to resume work, which has been discontinued, within a reasonable time after notice to do so; ' 7) Insolvency or bankruptcy; 8) Assignment made for the benefit of creditors; 9) Failure or refusal within 10 days after payment by OWNER or upon written notice by OWNER, to ' make payment or show cause why payment should not be made, of any amounts due for materials furnished, labor performed, equipment rentals, or utility services rendered; D -21 1 1 GENERAL CONDITIONS G. The Contractor, within 10 days from the beginning of such delay (unless extended by Owner) must notify 1 Owner and Architect in writing of the causes of delay. Owner and Architect shall ascertain the facts and the extent of the delay. If, in the judgment of Owner, the findings of fact warrant such action, time for completing the work shall be extended by written modification to the contract. The findings of Owner shall be reduced to a written decision that shall be subject to the provisions of the 'Disputes" clause of this contract. ' H. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been for convenience of Owner and the Grant Recipient. ' 9. Liquidated Damages. A. If the Contractor fails to complete the work within the time specified in the contract, or any extension, as ' specified in the clause entitled "Default" of this contract, the Contractor shall pay to the Owner, as liquidated damages, the sum of $100.00 for each day of delay. If different completion dates are specified in the contract for separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts or stages which are delayed. To the extent that the Contractor's delay or nonperformance is excused under another clause in this contract, liquidated damages shall not be due the Grant Recipient. The Contractor remains liable for damages caused other than by delay. B. If Owner terminates the Contractor's right to proceed, the resulting damage will consist of liquidated ' , damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned Owner in completing the work. ' C. If Owner does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. 10. Termination for Convenience. A. Owner may terminate this contract in whole, or in part, whenever Owner determines that such termination is in the best interest of Owner and the Grant Recipient. Any such termination shall be effected by ' delivery to the Contractor of a Notice of Termination specifying the extent to which the performance of the work under the contract is terminated, and the date upon which such termination becomes effective. B. If the performance of the work is terminated, either in whole or in part, Owner and the Grant Recipient ' shall be liable to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by OWNER of a properly presented claim setting out in detail: ' 1) the total cost of the work performed to date of termination less the total amount of contract payments made to the Contractor; 2) the cost (including reasonable profit) of settling and paying claims under subcontracts and material ' orders for work performed and materials and supplies delivered to the site, payment for which has not been made by OWNER to the Contractor or by the Contractor to the subcontractor or supplier; 3) the cost of preserving and protecting the work already performed until the Grant Recipient or ' assignee takes possession thereof or assumes responsibility therefor; 4) the actual or estimated cost of legal and accounting services reasonably necessary to prepare and present the termination claim to OWNER; and ' 5) an amount constituting a reasonable profit on the value of the work performed by the Contractor. • D -23 I GENERAL CONDITIONS 1 3) Automobile Liability on owned and non -owned motor vehicles used on the site(s) or in connection 1 therewith for a combined single limit for bodily injury and property damage of not Tess than $1,000,000 per occurrence. 1 B. Before commencing work, the Contractor shall furnish OWNER with a certificate of insurance evidencing that Builder's Risk (fire and extended coverage) Insurance on all work in place and /or materials stored at the building site(s), including foundations and building equipment, is in force. The Builder's Risk Insurance shall be for the benefit of the Contractor and the Grant Recipient as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment supplied by the Grant Recipient shall carry insurance on such equipment from the time the Contractor takes possession thereof until OWNER and the Grant Recipient accept the Contract work. The Builder's 1 Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the superstructure is started. It need not be carried on landscape work. Policies shall furnish coverage at all times for the full cash value of all completed construction, as well as materials in place and /or stored e e(s), whether or not partial payment has been made by OWNER. The Contractor may terminate I this at th insurance sit on buildings as of the date taken over for occupancy by the Grant Recipient. The Contractor is not required to carry Builder's Risk Insurance for modernization work that does not involve structural alterations or additions and where the Grant Recipient's existing fire and extended coverage 1 policy can be endorsed to include such work. C. Prior to signing of the Construction Contract, the Contractor must furnish a Performance Bond and Labor and Material Payment Bond covering the faithful performance of the Contract and the payment of all obligations arising thereunder, issued at 100% of the Contract Amount for all coverages. The Performance Bond and the Labor and Material Payment Bond may be in one, or may be in separate instruments, in accordance with local law. 1 D. The Contractor shall furnish copies of all insurance certificates to OWNER before commencing with the work, showing evidence of coverage and naming as additional insured to the policies the Grant Recipient, including their respective Commissioners, Board Members, Officers, Agents and Employees, individually 1 and collectively. The contractor shall not be allowed to commence work until the required certificates are provided to OWNER. Additionally, should the insurance become ineffective or lapse during construction, OWNER shall require the contractor to cease work until such time as the contractor submits proof of 1 insurance in compliance with the requirements of this contract. If such suspension of work is necessary, the contractor shall not be entitled to addition time to complete the work. E. All insurance shall be carried with companies that are financially responsible and admitted to do business in the State of Georgia. If any such insurance is due to expire during the construction period, the Contractor (including subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to OWNER. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceled or non - renewed by the insurance company until at least 30 1 days prior written notice has been given to OWNER. ' 13. Subcontracts. A. Definitions. As used in this contract: 1 1) "Subcontract" means any contract, purchase order, or other purchase agreement, including modifications and change orders to the foregoing, entered into by a subcontractor to furnish supplies, materials, equipment, and services for the performance of the prime contract or a 1 subcontract. 1 D -25 1' • GENERAL CONDITIONS 2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, or handicap. Such action shall include, but not be limited to: ' (a) employment; (b) upgrading; (c) demotion; 1 (d) transfer; (e) recruitment or recruitment advertising; 1 (f) layoff or termination; (g) rates of pay or other forms of compensation; and ' (h) selection for training, including apprenticeship. B. The Contractor shall post in conspicuous places available to employees and applicants for employment ' the notices to be provided by OWNER that explain this clause. C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to 1 race, color, religion, sex, national origin, or handicap. D. The Contractor shall send, to each labor union or representative of workers with which it has a collective ' • bargaining agreement or other contract or understanding, the notice to be provided by OWNER advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. ' E. The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. ' F. The Contractor shall furnish all information and reports required by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, 1 regulations, and orders. G. In the event of a determination that the Contractor is not in compliance with this clause or any rule, ' regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, or Federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as ' provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. H. The Contractor shall include the terms and conditions of this clause in every subcontract or purchase ' order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if the D -27 1 1 GENERAL CONDITIONS 17. Interest of Members of Congress. No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of this contract or to any benefit that may arise therefrom. 17. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees. No member, officer, or employee of OWNER, the Grant Recipient, no member of the governing body of the City of Augusta, and no other public official of the City of Augusta who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. 18. Limitations on Payments Made to Influence Certain Federal Financial Transactions. A. The Contractor agrees to comply with Section 1352 of title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. B. The Contractor further agrees to comply with the requirement of the Act to furnish a disclosure (OMB Standard Form LLL, Disclosure of Lobbying Activities) if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection 1 with a Federal contract, grant, loan, or cooperative agreement. C. Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this clause. 19. Royalties and Patents. The Contractor shall pay all royalties and license fees. It shall defend all suits or claims for infringement of any patent rights and shall save OWNER and the Grant Recipient harmless from loss on account thereof; except that OWNER, the Architect, and the Grant Recipient shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified and the Contractor has no reason to believe that the specified design, process, or product is an infringement. If, however, the Contractor has reason to believe that any design, process or product specified is an infringement of a patent, the Contractor shall promptly notify OWNER. Failure to give such notice shall make the Contractor responsible for resultant loss. 1 20. Examination and Retention of Contractor's Records. A. OWNER, HUD, or the Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving - D-29 1 : . GENERAL CONDITIONS I 1) The work to be performed by the classification requested is not performed by a classification in the wage determination; 2) The classification is utilized in the area by the construction industry; and I 3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. I C. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S. ' Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time 1 is necessary. D. In the event the Contractor, the laborers or mechanics to be employed in the classification or their I representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an I authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. E. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs I (b)(2)(ii) or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. I F. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. I G. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in I providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. I H. Withholding of funds. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the I Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor I or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or, under the United States Housing Act of 1937 or under the Housing Act of 1949, in the I construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the Contractor, take such action as necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 1 D -31 1 GENERAL CONDITIONS 1 E. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or ' criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. ' F. The Contractor or subcontractor shall make the records required under subparagraph D available for inspection, copying, or transcription by authorized representatives of HUD or its designee, OWNER, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them ' available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for ' debarment action pursuant to 29 CFR 5.12. G. Apprentices. Apprentices will be permitted to work at Tess than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship ' program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an ' apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as ' to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this paragraph, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the ' registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the ' journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in ' the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different ' practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at Tess than the applicable predetermined rate for the work 1 performed until an acceptable program is approved. H. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at Tess than the ' predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training ' Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour D -33 1 GENERAL CONDITIONS 1 B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the ' provisions set forth in subparagraph J (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed ' with respect to each individual laborer or mechanic (including watchmen and guards) employed in violation of the provisions set forth in subparagraph J (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard ' workweek of 40 hours without payment of the overtime wages required by provisions set forth in subparagraph J (1) of this clause. ' C. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any Federal contract with the same prime Contractor, or any other Federally- ' assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set ' forth in subparagraph J (2) of this clause. 26. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause, and such other clauses as HUD or its designee may by appropriate instructions require, and also a ' clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions. 27. Labor Standards - Non - routine Maintenance. Not applicable. 28. Non - Federal Prevailing Wage Rates. A. Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State law to be prevailing, with respect to any employee in any trade or position employed under the contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with 1 respect to employees engaged under the contract whenever either of the following occurs: 1) Such non - Federal prevailing wage rate exceeds: ' (a) the applicable wage rate determined by the Secretary of Labor pursuant to the Davis -Bacon Act (40 U.S.C. 276a et seq.) to be prevailing in the locality with respect to such trade; ' (b) an applicable apprentice wage rate based thereon specified in an apprenticeship program registered with the Department of Labor or a DOL- recognized State Apprenticeship Agency; (c) an applicable trainee wage rate based thereon specified in a DOL- certified trainee program. B. Such non - Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or t position. D -35 1 SUPPLEMENTAL CONDITIONS contractor fails, neglects or refuses to do so, OWNER shall then have the right to purchase in the open market a corresponding quantity of such products, and deduct from any monies due or that may thereafter become due to the contractor, the difference between the price stated in the contract or purchase order and the actual cost thereof to OWNER. ' 5. OWNER Approval of Subcontracts. A. Any proposed subcontracts shall be disclosed in Contractor's bid submission. Contractor shall ' furnish such written information as OWNER may require concerning the proposed subcontractor, together with the proposed subcontractor's Non - Collusion Affidavit in the form prescribed by OWNER within five (5) days of OWNER request for such information. Any objection shall be expressed in writing by OWNER within ten (10) days after receipt. B. OWNER may, without claim for extra cost by the contractor, disapprove any subcontractor for cause on the basis of its own determination or because of the fact that the proposed subcontractor is listed ' as ineligible to receive awards of contracts from the United States on a current OWNER list or list furnished by HUD. C. Nothing contained in the contract shall create any contractual relation between any subcontractor and OWNER. 6. Withholding for damages. OWNER may withhold, or cause to be withheld, from any monies payable for acceptable work performed by the contractor or subcontractor, damages caused by the contractor or subcontractor, or other claims against the contractor or subcontract such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor. 1 7. Hold Harmless. It is understood and agreed that contractor shall be deemed and considered an independent contractor in respect to the work covered by this Agreement, and shall assume all risk and responsibility for casualties of every description in connection with the work which can be attributed ' either directly or indirectly to the contractor. Contractor itself, its successors, assigns, heir, executors and administrators, agrees to indemnify, defend and save harmless the Grant Recipient and OWNER, all its officers and subordinates: A. from all suits and actions of every nature brought against the OWNER and Grant Recipient or any of them for or on account of any damage or loss sustained by the OWNER and Grant Recipient, and ' does agree to pay any and all such damages including costs of litigation and counsel fees whether defended by OWNER or contractor; and 1 1 D -37 1 ■ I ADDITIONAL SUPPLEMENTAL CONDITIONS 1 • SECTION 3 COMPLIANCE: 1. Employment, Training, and Contracting Opportunities for Low- Income Persons, Section 3 of the Housing and Urban Development Act of 1968. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban ' Development Act of 1968 (12 U.S.C. 1701u) (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. 2. Employment Opportunities Generated By Section 3 Covered Assistance. I All employment opportunities generated by the expenditure of Section 3 covered public and Indian housing assistance (Le., operating assistance, development assistance and modernization assistance, as described in Section 135.3(a)(1)). With respect to Section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with Section 3 covered projects (as described in Section 135.3(a)(2)), including management and administrative jobs connected with the Section 3 covered project. Management and administrative jobs include architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write -ups; and jobs directly related to administrative support of ' these activities, e.g., construction manager, relocation specialist, payroll clerk, etc. 3. Definitions: A. Section 3 resident means: (1) A public housing resident; or (2) An individual who resides in the metropolitan area or non- metropolitan county in which the Section 3 covered assistance is expended, and who is: 1 (a) A low- income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80% of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80% of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction f costs or unusually high or low- income families; or (b) A very low- income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean ' families (including single persons) whose incomes do not exceed 50% of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50% of the median for ' the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. (C) A person seeking the training and employment preference provided by Section 3 bears the responsibility of providing evidence, if requested, that he /she is eligible for the preference. Section 8 assistance means assistance provided under Section 8 of the 1937 Act (42 U.S.C. 1437f) pursuant to 24 CFR part 882, subpart G. D -39 1 1 ADDITIONAL SUPPLEMENTAL CONDITIONS (1) This law requires that the Owner's AHCDD make an effort to ensure that individuals or firms located in or owned in substantial part by persons residing in the area of a project are used when possible. The I regulations describing this program are in 24 CFR Part 135 and the contract form includes a clause implementing this requirement. (2) Employment and training opportunities for pre- apprentices, apprentices and other training programs for residents will assist OWNER in meeting resident employment, training, and local contracting objectives under Section 3. Further guidance is provided in Federal Register Notice, dated October 6, 1992 and HUD Notice 92 -01 -SL (See Appendix 32). 1 (3) HUD Handbook 8023.1, Implementing Section 3 of the Housing and Urban Development Act of 1966 provides guidance regarding compliance with Section 3. Some of the important provisions include but are not limited to the following: (a) Solicitations, regardless of the method, must advise prospective contractors of the Section 3 requirements. ' (b) The Section 3 contract clause must be included in all covered contracts. (C) OWNER and its contractors must make a good faith effort to provide, to the greatest extent feasible, training and employment to lower income residents of the unit of local government in connection ' with the work on an assisted project. In filling vacancies, OWNER and its contractors may prominently post notices at the project site and in the OWNER Office and may contact resident councils and resident management corporations, in addition to their other recruitment efforts, to ' meet the requirements of Section 3. (d) OWNER and its contractors must make a good faith effort to award contracts, to the greatest extent feasible, to businesses located in or owned in substantial part by persons residing in the City of ' Augusta. In meeting this requirement OWNER should consider use of the alternative procurement procedures at 24 CFR Part 963. See paragraph 6 below. (e) Contractors must make a good faith effort to award subcontracts to businesses located in the City of 1 Augusta or substantially owned by persons residing in the City of Augusta. 6. IMMIGRATION REFORM AND CONTROL ACT OF 1986 COMPLIANCE The law seeks to preserve jobs for those who are legally entitled to them: American citizens and aliens who are authorized to work in the United States. The law prohibits employers from knowingly hiring, recruiting, or referring for a fee, any alien who is unauthorized to work. As a result of this law, all employers are required to verify both the identity ' and employment eligibility of all regular, temporary, casual, and student employees hired after November 6, 1986, and complete and retain a one -page form (1 -9) documenting this verification. Failure to comply with these requirements may result in both civil and criminal liability with the imposition of substantial fines ranging from $100.00 to $1,000.00 per hire, as well as possible imprisonment for a pattern or practice of noncompliance. 7. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006 COMPLIANCE 1 (O. C. G.A. § 13 -10 -91 and Georgia Department of Labor Rule 300- 10- 1 -.02) The law requires employers to register and participate in the federal work authorization program to verify information of all new employees. D-41 I \ S • U c '—: z . a) caatuU¢ .4 U U 'i a) U s., s .. - L:, H ai F 5 ¢ •U 0 I 48 U '.L,) sC > o m >, U S3 �—� 23aaz'¢x Q " W — NM"7t z W ct M et W `i' It CI H Ai I W ' R I rip imml ' M Z� : 1 Ey A - ' xM o x W - ova U co O CU a O 0 H co) O att .0 - °' o . 0 0 .t U "'� • — U I °' 0 = a; a; a; ai a; a; p = a3 a3 at a3 at a3 LZ.HOU ill . . 1 11 FEDERAL LABOR STANDARDS PROVISIONS (Reprint of HUD -4010) Applicability PP t3' ' Applicable to construction contracts in excess of $2,000 or residential rehabilitation contracts involving more than eight units. The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of American and the following Federal Labor Standards Provisions are ' included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often once a week, and without subsequent deduction or rebate on ' any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage ' determination of the Secretary of Labor which is attached thereto and made a part thereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such ' laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover -the particular weekly period, are deemed to be constructively made or incurred ' during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage ' determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification of the time actually work therein: Provided, That ' the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification an wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following ' criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage ' determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed 1 the classification (if known), or their ' representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative. will D -45 1 1 1 a FEDERAL LABOR STANDARDS PROVISIONS w lTtNATM (Reprint of HUD -4010) ' 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1 (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions make and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment of provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices and trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 1 and 1215- 0017.) (ii) (a) the contractor shall submit weekly for each week in which any contract work is performed a copy of ' all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set our accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029- 005- 00014 -1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget Under OMB Control Number 1215- 0129.) 1 (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays for supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR ' 5.5 (a)(3)(i) and that such information is correct and complete' (2) The each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during -the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits ' or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). 1 D -47 1 FEDERAL LABOR STANDARDS PROVISIONS (Reprint of HUD -4010) ' Every Trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage ' determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated' with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by ' the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 1 (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 P q PY q CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in ' subparagraphs 1 through l I of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract 1 clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for 1 termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. ' 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions P g p g p sons of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in 1 accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any if its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By enterin g into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to D-49 1 I A FEDERAL LABOR STANDARDS PROVISIONS oTr: (Reprint of HUD -4010) or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2)of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract exceeds $100,000. 1 (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to this health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. 1 (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et. seq. ' (3) The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a. means of enforcing such provisions. 1 1 1 1 1 1 1 1 D -51 WAGE DECISION TRANSCRIPT General Wage Decision: GA Date Verified on Department of Labor Web Site: APRIL 5, 2010 SHEET METAL WORKER, Including Hvac Duct Installation and Metal Roofing Buildings over 100,000 square feet $ 28.00 11.11 Buildings up to 100,000 square feet $ 22.40 10.95 FOOTNOTE: Work on swinging stages, boatswains chairs or scaffolds, booms, or scissors lifts over 50 ft. high: $1.25 per hour additional. SUGA2008 -203 08/21/2008 Rates Fringes BRICKLAYER $ 11.65 0.17 CEMENT MASON /CONCRETE FINISHER $ 13.06 1.71 DRYWALL FINISHER /TAPER $ 15.22 0.00 DRYWALL HANGER $ 16.00 0.00 IRONWORKER, REINFORCING $ 11.05 0.21 LABORER: Common or General $ 9.47 0.00 • LABORER: Pipelayer $ 13.06 3.56 OPERATOR: Grader /Blade $ 9.00 0.24 OPERATOR: Mechanic $ 17.95 0.00 OPERATOR: Roller $ 10.88 0.00 PAINTER: Brush, Roller and Spray, Excludes Drywall Finishing /Taping $ 13.43 0.00 ROOFER (Excluding Metal Roof) $ 10.00 0.00 TILE SETTER $ 15.00 0.00 TRUCK DRIVER $ 12.38 0.99 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in he matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the D -53 I Page 1 of 4 General Decision Number: GA100291 08/13/2010 GA2 1 Superseded General Decision Number: GA20080291 State: Georgia 1 Construction Type: Building County: Richmond County in Georgia. I BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). I Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 08/13/2010 CARP0283 -003 10/01/2009 Rates Fringes I CARPENTER (including formwork and scaffold builder; excluding drywall hanging) $ 20.25 8.32 MILLWRIGHT $ 22.46 8.06 I ELEC1579 -009 10/01/2009 I Rates Fringes ELECTRICIAN $ 22.13 9.42 I ENGI0474 -012 07/01/2009 Rates Fringes I Operating Engineers: Backhoe /Excavator, Bulldozer, Boom (15 tons I and under), Compactor, Forklift (under 15 tons), Hoist (one drum), Loader, and Scraper $ 21.47 11.55 I Boom (over 15 tons), Crane (over 10 tons), Drill, Forklift (15 tons and I over), and Hoist (two drum).$ 23.30 11.55 Crane (over 120 tons) $ 24.30 11.55 Crane (over 250 tons) $ 25.30 11.55 Oiler $ 19.13 11.55 I IRON0709 -001 07/01/2009 I Rates Fringes IRONWORKER, STRUCTURAL $ 23.10 7.90 1 PLUM0150 -001 10/01/2009 1 http: / /www.wdol.gov /wdol /scafiles /davisbacon/GA291.dvb 9/23/2010 1 Page 3 of 4 classifications listed may be added after award only as I provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). 1 In the listing above, the "SU" designation means that rates listed under the I identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have I been determined to be prevailing. 1 -- WAGE DETERMINATION APPEALS PROCESS I 1.) Has there been an initial decision in he matter? This can be: I * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on I a wage determination matter * a conformance (additional classification and rate) ruling I On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office I for the area in which the survey was conducted because those Regional Offices have I responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and I 3.) should be followed. With regard to any other matter not yet ripe for the formal I process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: I Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor I 200 Constitution Avenue, N.W. Washington, DC 20210 I 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from I the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . 1 http: / /www.wdol.gov /wdol /scafiles /davisbacon/GA291.dvb 9/23/2010 • CONTRACTOR REPORTING REQUIREMENTS There are a variety of information submittals, form processing and report generation efforts required to Y p 9 P 9 q award the contract and throughout the course of administering this contract. This part is intended to provide the potential bidder with a brief but thorough list of these requirements. You may request copies of reporting and documentation forms from the OWNER's Augusta Housing & Community Development Department. (AHCDD) during the bidding process by calling the AHCDD office at (706) 821 -1797. Owner's AHCDD 1 reserves the right to revise the reporting and documentation requirements at any time. Pre- Construction Administrative Requirements 1 1. Bonds. 1 A. Bonds must be obtained from guarantee or surety companies acceptable to the U.S. Government and authorized to do business in the State of Georgia. Individual sureties will not be considered. Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for the person who signs for the surety company must be attached to the ' bond. The effective date of the power of attorney shall not precede the date of the bond. The effective date of the bond shall be on or after the execution date of the contract. ' 2. Pre - construction Conference. Prior to the award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a pre- construction conference with representatives of the Grant Recipient, Owner's AHCDD and its Architect, and other interested parties . convened by OWNER. The conference will serve to acquaint the participants with the general plan of the construction operation and all other requirements of the contract (e.g., Section 3, Equal Employment Opportunity, Labor Standards). Owner's AHCDD will provide the successful bidder with the date, time, 1 and place of the conference. ' 3. Certificates of Insurance. A. In accordance with the General Conditions, shall be submitted prior to the scheduled pre - construction conference. The OWNER is to be added as an additionally named insured to the 1 Contractor's Comprehensive General Liability and Automobile Liability Coverage. The amount required is not less than $1,000,000.00 per occurrence for General Liability and $500,000.00 for Automobile Liability. B. Additionally, before commencing work, the Contractor shall furnish OWNER's AHCDD with a certificate of insurance evidencing that Builder's Risk (fire and extended coverage) Insurance on all work in place and /or materials stored at the building site(s), including foundations and building equipment, is in force. The Builder's Risk Insurance shall be for the benefit of the Contractor, Owner and Grant Recipient as their interests may appear and each shall be named in the policy or policies I as an insured. The Contractor in installing equipment supplied by the Grant Recipient shall carry insurance on such equipment from the time the Contractor takes possession thereof until the Contract work is accepted by the Owner's AHCDD. The Builder's Risk Insurance need not be carried ' on excavations, piers, footings, or foundations until such time as work on the super - structure is started. It need not be carried on landscape work. Policies shall furnish coverage at all times for the full cash value of all completed construction, as well as materials in place and /or stored at the site(s), whether or not partial payment has been made by Owner's AHCDD. The Contractor may • D -55 1 CONTRACTOR REPORTING REQUIREMENTS 1 5. Contractor's own forces work equivalent. ' The Contractor shall perform on the site, and with its own forces work equivalent to at least 12% of the total amount of work to be performed under the contract. 1 6. Contractor's obligation to directly superintend the work. 1 At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work site a competent ' superintendent who is satisfactory to Owner and has authority to act for the Contractor. Five (5) days prior to the scheduled pre- construction conference, the Contractor shall submit the following information for approval by Owner's AHCDD: 1 A. Superintendent's Name ' B. Superintendent's Work History C. Superintendent's Education 1 Construction Phase Reporting Requirements The Contractor is advised of the following Reporting and Administrative requirements required during the course of construction activities: 1. Labor Provision Requirements: ' A. The Contractor is required to submit weekly Certified Payroll Form WH -347 for the General Contractor and each Subcontractor. B. The Contractor is required to post in a conspicuous place the Secretary of Labor's Wage Poster and r Wage Determination. ' C. The Contractor is required to report in writing worker disputes that the Contractor cannot resolve informally. 2. Contract Progress Payments: A. Schedule of Amounts for Contract Payments. A copy of the Schedule of Amounts for Contract 1 Payments previously approved by Owner and /or the OWNER's architect. 1 D -57 1 1 CONTRACTOR REPORTING REQUIREMENTS Architect may duplicate, use, and disclose i y p d c ose n any manner and for any purpose shop drawings delivered under this contract. ' B. The Contract shall submit shop drawings and test results at least 15 days before the scheduled installation or work concerning the shop drawing or test results. The Contractor shall coordinate all ' such drawings, and review them for accuracy, completeness, and compliance with other contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to Owner's Architect without evidence of the Contractor's approval may be returned for resubmission. Owner's Architect will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate Architect's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by Architect shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract. C. The Contractor shall submit to Owner's Architect for approval (6) copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Five (5) sets (unless otherwise indicated) of all shop drawings, will be retained by OWNER and Architect and one ' • set will be returned to the Contractor. As required by OWNER and Owner's Architect, the Contractor, upon completing the work under this contract, shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the work is completed and accepted. ' D. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all shop drawings prepared by subcontractors are submitted to OWNER 1 and Owner's Architect. E. Failure of the Contractor to comply with the requirements of OWNER under this clause shall be ' grounds for a determination by OWNER that the Contractor is not in compliance with the Contract. Upon making this determination, OWNER may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the "Default" clause of this contract. 1 9. As -Built Drawings. I A. "As -built drawings," as used in this clause, means drawings submitted by the Contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract. "As -built drawings" shall be synonymous with "Record drawings." As ' required by OWNER, the Contractor shall provide OWNER's Architect accurate information to be used in the preparation of permanent as -built drawings. For this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record final locations of underground lines by depth from finish grade and by accurate horizontal offset 1 distances to permanent surface improvements such as buildings, curbs, or edges of walks. B. This clause shall be included in all subcontracts at any tier. it shall be the responsibility of the I Contractor to ensure that all as -built drawings prepared by subcontractors are submitted to OWNER's Architect and OWNER. 1 D -59 1 I CONTRACTOR REPORTING REQUIREMENTS notwithstanding the terms of the clause entitled "Permits and Codes" herein; (2) all maintenance costs on the areas occupied; and, (3) furnishing heat, light, power, and water used in the areas occupied without proper remuneration therefor. If prior possession or use by the Grant Recipient delays the progress of the work or causes additional expense to the Contractor, AHCDD shall make an equitable adjustment in the contract price or the time of completion, and the contract shall be modified in writing 1 accordingly. 1 Contract Close -out Reporting Requirements After the Contractor has completed all the items noted on the Architect's inspection punch list, 1 the Contractor may submit closing documents to Architect for transmittal to AHCDD. Closing documents shall consist of the following: ' 1. The Contractor shall notify Architect and OWNER's AHCDD, in writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the state of preparedness is as represented, Architect will promptly arrange for the inspection. ' 2. Final Pay Request marked "FINAL" with all associated payment forms as explained above. 3. One original of the executed Final Waiver of Lien for the Contractor for each subcontractor and all ' material suppliers. ' 4. Certificate of Occupancy, if required. 5. Any special warranty or guarantees required by the Technical Specifications. At a minimum, the Contractor is required to provide a one -year workmanship warranty, in accordance with General ' Conditions. This warranty may be in the form of a letter on company stationery, signed by an authorized individual establishing the coverage period and the method of notification for covered repairs. Other special equipment warranties shall be from the manufacturer. ' 6. An original completed copy of Contractor's Certificate and Release. This form must be notarized. ' 7. An original completed copy of Grant Recipient's Certificate and Release. This form must be notarized. ' 8. Accurate and complete information to be used in the preparation of permanent as -built drawings. For this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record final locations of underground lines by depth from finish 1 grade and by accurate horizontal offset distances to permanent surface improvements such as buildings, curbs, or edges of walks. 1 1 D -61 1 1 1 Appleg raph Construction 2512 Clilf7PAI. MIME AUGUSTA,. GA 30604 , ph (603) 270 0104. rx (700) 461 0617 I Project No: CDBG #09031 Project Name: Augusta Mini Theater Site Fencing Location: Augusta, Georgia 1 I. Equal Employment Opportunity Policy 1 It is the policy of Applegraph Construction Company not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or ' natural origin. This policy extends to all matters relating to recruitment, hiring, promotion, transfer, recruitment or recruitment advertising, rates of pay, and other forms of compensation, and selection for training. ' Furthermore, it is the policy of this company to cooperate to the fullest extent with the applicable rules, regulations, and orders issued pursuant to Executive Order ' 11246. It is intended that all officials and employees of this company be informed of this statement of policy and that this policy shall be applied to every phase of employee recruitment, including employment agencies, labor organizations and advertising. ' II. Coordination and Administration of Program 1 1. The company managing member, Mr. Charles Haywood, will serve in the capacity of Equal Employment Opportunity Coordinator. He will be responsible for the overall administration of this Affirmative Action Plan and will assist in EEO matters at the Branch Office and at project construction sites. 1 2. Administration of this Plan at the project site will be responsibility of the company's Project Manager. 1 3. Management will check with each superintendent bi- weekly to ensure that this company's equal employment opportunity obligations, policy, and plan are being implemented. 4. A copy of this affirmative action plan will be provided to each employee 1 and posted on the company's bulletin boards at the main office, the branch office, and all project sites. 1 1 AFFIRMATIVE ACTION GOALS & TIMETABLE 1 ANY LANGUAGE INCLUDED HEREIN THAT VIOLATES OR IS INCONSISTENT WITH THE MARCH 14, 2007 COURT ORDER IN THE CASE, THOMPSON WRECKING, INC. V. AUGUSTA, GEORGIA, CIVIL ACTION NO. 1 1:07 -CV -019, IS VOIDABLE BY THE AUGUSTA GOVERNMENT. 1 FRIDAY, APRIL 7, 1978 1 PART IV Lim I (1) (in 1 � � DEPARTMENTOF 1 LABOR 1 a) Office of Federal I Sm. Contract Compliance I Programs II I CTS ■ • Sim GOALS AND TIMETABLES FOR I ..0 FEMALE AND MINORITY II CD PARTICIPATION IN THE CONSTRUCTION II 16iP" INDUSTRY Affirmative Action Requirements D -69 I to . I 3. If the Contractor is participating (pursuant to 41 a. Ensure and maintain a working environment construction work at any job site. A written record CFR 60 -4.5) in free of harassment, intimidation, and coercion at shall be made and maintained identifying the time a Hometown Plan .approved by the U.S. all sites, and in all facilities at which the and place of these meetings, persons attending, Department of Labor in the covered area either Contractor's employees are assigned to work. The subject matter discussed, and disposition of the individually or through an association, its Contractor, where possible, will assign two or subject matter. affirmative action obligations on all work in the more women to each construction project. h. Disseminate the Contractor's EEO policy Plan area (including goals and The Contractor shall specifically ensure that all externally by including it in any advertising in the timetables) shall be in accordance with that Plan foremen, superintendents, and other on -site news media, specifically including minority and for those trades which have unions participating in supervisory personnel are aware of and carry out female news media, and providing written j the Plan. Contractors must be able to the Contractor's obligation to maintain such a notification to and discussing the Contractor's demonstrate their participation in and compliance working environment, with specific attention to EEO policy with other Contractors and with the provisions of any such Hometown Plan. minority or female individuals working at such Subcontractors with whom the Contractor does or Each Contractor or Subcontractor participating sites or in such facilities. anticipates doing business. in an approved Plan is individually required to b. Establish and maintain a current list of i. Direct its recruitment efforts, both oral and comply with its obligations under the EEO clause, minority and female recruitment sources, provide written, to minority, female and community and to make a good faith effort to achieve each written notification to minority and female organizations, to schools with minority and female goal under the Plan in each trade in which it has recruitment sources and to community students and to minority and female recruitment employees. The overall good faith performance by organizations when the Contractor or its unions and training organizations serving the Contractor's other Contractors or Subcontractors toward a goal have employment opportunities available, and recruitment area and employment needs. Not in an approved Plan does not excuse any covered maintain a record of the organizations' responses. later than one month prior to the date for the Contractor's or Subcontractor's failure to take c. Maintain a current file of the names, acceptance of applications for apprenticeship or good faith efforts to achieve the Plan goals and addresses and telephone numbers of each other training by any recruitment source, the timetables. minority and female off- the - street applicant and Contractor shall send written notification to 4. The Contractor shall implement the specific minority or female referral from a union, a organizations such as the above, describing the affirmative action standards provided in recruitment source or community organization and openings, screening procedures, and tests to be paragraphs 7 a through p of these specifications. of what action was taken with respect to each used in the selection process. The goals set forth in the solicitation from which such individual. If such individual was sent to the j. Encourage present minority and female this contract resulted are expressed as union hiring hall for referral and was not referred employees to recruit other minority persons and percentages of the total hours of employment back to the Contractor by the union or, if referred, women and, where reasonable, provide after and training of minority and female utilization the not employed by the Contractor, this shall be school, summer and vacation employment to Contractor should reasonably be able to achieve documented in the file with the reason therefor, minority and female youth both on the site and in in each construction trade in which it has along with whatever additional actions the . other areas of a Contractor's work force. employees in the covered area. Covered Contractor may have taken. k. Validate all tests and other selection Construction contractors performing construction d. Provide immediate written notification to the requirements where there is an obligation to do so work in geographical areas where they do not Director when the union or unions with which the under 41 CFR Part 60 -3. have a Federal or federally assisted constuction Contractor has a collective bargaining agreement I. Conduct, at least annually, an inventory and contract shall apply the minority and female goals has not referred to the Contractor a minority evaluation at least of all minority and female established for the geographical area .where the person or woman sent by the Contractor, or when personnel for promotional opportunities and work is being performed. Goals are published the Contractor has other information that the encourage these employees to seek or to prepare periodically in the Federal Register in notice form, union referral process has impeded the for, through appropriate training, etc., such and such notices may be obtained from any Office Contractor's efforts to meet its obligations. opportunities. of Federal Contract Compliance Programs office e. Develop on- the -job training opportunities m. Ensure that seniority practices, job or from Federal procurement contracting officers. and /or participate in training programs for the area classifications, work assignments and other The Contractor is expected to make substantially which expressly include minorities and women, personnel practices, do not have a discriminatory uniform progress in meeting its goals in each craft including upgrading programs and apprenticeship effect by continually monitoring all personnel and during the period specified. and trainee programs relevant to the Contractor's employment related activities to ensure that the 5. Neither the provisions of any collective employment needs, especially those programs EEO policy and the Contractor's obligations under bargaining agreement, nor the failure by a union funded or approved by the Department of Labor. these specifications are being carried out. with whom the Contractor has a collective The Contractor shall provide notice of these n. Ensure that all facilities and company bargaining agreement, to refer either minorities or programs to the sources compiled under 7b activities are nonsegregated except that separate women shall excuse the Contractor's obligations above. or single -user toilet and necessary changing under these specifications, Executive Order f. Disseminate the Contractor's EEO policy by facilities shall be provided to assure privacy 11246, or the regulations promulgated pursuant providing notice of the policy to unions and between the sexes. thereto. training programs and requesting their o. Document and maintain a record of all 6. In order for the nonworking training hours of cooperation in assisting the Contractor in meeting solicitations of offers for subcontracts from apprentices and trainees to be counted in meeting its EEO obligations; by including it in any policy minority and female construction contractors and the goals, such apprentices and trainees must be manual and collective bargaining agreement; by suppliers, including circulation of solicitations to employed by the Contractor during the training publicizing it in the company newspaper, annual minority and female contractor associations and period, and the Contractor must have made a report, etc.; by specific review of the policy with all other business associations. commitment to employ the apprentices and management personnel and with all minority and p. Conduct a review, at least annually, of all trainees at the completion of their training, subject female employees at least once a year; and by supervisors' adherence to and performance under to the availability of employment opportunities. posting the company EEO policy on bulletin the Contractor's EEO policies and affirmative Trainees must be trained pursuant to training boards accessible to all employees at each action obligations. programs approved by the U.S. Department of location where construction work is performed. 8. Contractors are encouraged to participate in Labor. g. Review, at least annually, the company's voluntary associations which assist in fulfilling one 7. The Contractor shall take specific affirmative EEO policy and affirmative action obligations or more of their affirmative action obligations (7a actions to ensure equal employment opportunity. under these specifications with all employees through p). The efforts of a contractor association, The evaluation of the Contractor's compliance having any responsibility for hiring, assignment, joint contractor - union, contractor - community, or with these specifications shall be based upon its layoff, termination or other employment decisions other similar group of which the contractor is a effort to achieve maximum results from its actions. including specific review of these items with onsite member and participant, may be asserted as The Contractor shall document these efforts fully, supervisory personnel such as Superintendents, fulfilling any one or more of its obligations under and shall implement affirmative action steps at General Foremen, etc., prior to the initiation of least as extensive as the following: • • D -71 1 CHANGES IN APPENDIX B PURSUANT TO OFCCP REGULATIONS — 41 CFR PART 60-4 Until further notice, the following goals for minority utilization in each construction craft and trade shall be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, federally assisted or nonfederally related project, contract or subcontract. Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60 -4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA or EA goal contained in this Appendix B -80. APPENDIX B -80 GOALS FOR MINORITY UTILIZATION Goals Augusta, GA. (Percent) MINORITY FEMALE SMSA Counties 27.2 6.9 Columbia, Richmond & Aiken, S.C. Non -SMSA Counties 32.8 Burke, Emanuel, Glascock, Jefferson, Jenkins, Lincoln, McDuffie, Taliaferro, Warren, and Wilkes • D -73 2 4,4 4 , * CERTIFICATION OF NON-SEGREGATED FACILITIES 1 BY SUBCONTRACTOR The SUBCONTRACTOR certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not pen his employees to perform their I services at any location under SUBCONTRACTOR's control where segregated facilities are maintained. The SUBCONTRACTOR certifies further that the SUBCONTRACTOR will not maintain or provide for 1 SUBCONTRACTOR's employee any segregated facilities at any of SUBCONTRACTOR's establishments, and that the SUBCONTRACTOR will not perrnit SUBCONTRACTOR's employees to perform their services at any 1 location under SUBCONTRACTOR's control where segregated facilities are maintained, The SUBCONTRACTOR agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this BID. As used in this certification. the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating I areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or nation origin, I because of habit, local custom, or otherwise. This certification is applicable to all contracts exceeding 810,000 which are not exempt from the provisions of the Equal Opportunity clause. SUBCONTRACTOR will retain I such certification in SUBCONTRACTOR's files. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. §1001. Date ot,gp-", ,2016. e Alp 4 gliv SUBCoNTRAC •R) 1 Official Address By AlloilL.-.1 (Subcontractor's - 1 300/ ii9c,-7cz.b/i2 As its Piv\- (rifle) / 11.e i ‘g. 367/7 1 (City, State, Zip) - Must be included without alteration 1 1 1 D-76 1 1 G 4°4:1-'. A PRE - CONSTRUCTION MEETING 1 MEETING ATTENDANCE Date: 1 Time: ' Location: Project: 1 Contractor: ' Notice to Proceed Date: Completion Date: 1 Contract Days: ' ATTENDEES NAME (Please Print Clearly) COMPANY PHONE FAX 1 1 1 1 1 1 1 1 E -1 1 C 4 00 , A PRE - CONSTRUCTION MEETING 1 Il. Basic Requirements to Contractor: 1 Project Manager: Mobile Number: ' Fax Number: E -mail: Superintendent: Mobile Number: Submittals: Contractor to submit 6 copies to the Architect for approval: a. "Progress Schedule" 1. Detailed Construction Progress Schedule (Bar chart with percent completion target). ' b. "Schedule of Values" cost breakdown (detailed). 1. No lump sums permitted except bonds, insurance and clean -up. 2. Subcontractors to submit detailed cost breakdowns to Contractor. 3. Use correct format. c. No payments can be made until items "a" and "b" are submitted, reviewed • and approved. ' d. Certified payroll to Augusta Housing & Community Development: Y p 1. Wage rates — federal requirements. IV. Shop Drawings: a. Contractor to check before submitting, review for compliance, stamp, sign and date. 1. Provide transmittal with detailed description and specification ' sections. b. Identify project name, number, date and relevant specification section. 1 c. Only specified items or items approved via Addenda or approved Change Order be submitted. 1 d. G.C. to document and submit Safety Provisions. 1. Info only A/E will not review. 2. Retain on Site. e. Project close -out 1 E -3 SECTION F i i TECHNICAL SPECIFICATIONS 1 1 1 1 I AUGUSTA MINI THEATRE SITE FENCING 2KM # 09 -08.04 Augusta Housing & Community Development Department 1 Augusta, Georgia TABLE OF CONTENTS 1 Section Title pages DIVISION 16 ELECTRICAL (Not Used) LIST OF DRAWINGS: G0.1 INDEX 1 ARCHITECTURAL A1.1 LAYOUT PLAN 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Page 2 1 F -04 CHANGES IN THE WORK A. Changes in the Work. Amend by the addition of the following sub - paragraph: s) The approved Change Order shall be submitted to the Owner in five (5) copies form (original plus four (4) copies) with one (1) copy of all breakdown data and the declaration required. t) Where a time extension is requested, the Contractor shall substantiate by complete back -up (i.e.: letters from vendor's suppliers as to a delay in material shipment, critical path, etc.) F -05 SCHEDULE OF VALUES A. Application for Payment. Amend by the addition of the following sub - paragraph: 1. The Contractor shall submit to the Owner, within 10 days after the date of the Preconstruction Conference, a "Schedule of Values" of the various portions of the work, quantities aggregating the total Contract Sum, broken down as to facilitate payments to Subcontractors. Each item in the schedule of values shall include its ' proper share of overhead and profit. This schedule, when approved by the Architect, shall be used only as a basis for the Contractor's Applications for Payment. 2. Use Format acceptable to Architect and Owner. f F -06 PROGRESS SCHEDULE A. Progress Reports, Amend as follows: ' PROGRESS REPORTS - Within 10 days after the date of the preconstruction conference, the Contractor shall furnish to the Owner and the Architect a Construction Progress Schedule in accordance with the style and format of a specimen to be furnished by the Owner (copies of which specimen will be furnished to any bidder on request). 1. The Progress Schedule shall cover the entire Project. This schedule shall indicate the dates for the starting and completion of the various stages of construction and shall be revised as required by the conditions of the Work, subject to the Arc'hitect's approval. 2. The Progress Schedule shall cover the entire time as set forth in the Proposal Form. Early finish dates are acceptable and will not be cause for rejection of entire progress I 3. schedule. Progress Schedule shall indicate anticipated progress on a month -by -month basis. It shall also indicate contract time expired on a month -by -month basis. ' F -07 ACTS AND EXECUTIVE ORDERS A. "The Contractor, by signing the contract, acknowledges that he is aware of and familiar with I the contents and requirements of the following acts and executive orders: 1. The non - discrimination clause relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex, or national origin and the implementing rules and regulations described by the Secretary of Labor are incorporated." F -08 REQUEST FOR "PRIOR APPROVAL" ' A. Shop Drawing Submittals: Along with the Progress Schedule the Contractor shall submit a Shop Drawing Submittal Schedule, indicating the submittals and the date they will be submitted for review. 1 B. Progress payments will not be made without approved Progress or Shop Drawing Submittal Schedules. ' F2 1 1 for use of any area outside construction limits must be made by the Contractor in writing to the Architect. Requests must indicate limits of area requested and time area will be needed. 1 F -15 TRASH DISPOSAL A. Contractor shall allow no trash to accumulate and shall remove same from work areas at close I of each working day. All debris shall be legally disposed of offsite. Burning of material on site will not be permitted. B. Contractor to coordinate with Subcontractors for DAILY CLEANUP as required. I F -16 PROTECTION OF PROPERTY 1 A. Contractor will be held liable for all damage to personal and real property as a result of his negligence to provide protective measures. B. The construction of the safeguards shall be in accordance with standard for Safeguarding I Construction, alteration and demolition operations, NFPA 241, 2000 Edition. C. When the need for protection installed no longer exists, the Contractor shall remove such protective devices. I F -17 WAIVER OF SUBROGATION IN THE MATTER OF BUILDER'S RISK INSURANCE" I A. Reference "Insurance and Bonds ". Insurance Shall Provide: 1. `Builder's Risk Insurance - payment to the Contractor and Owner, as their interest may appear, in an amount equal to 100% of the contract sum covering fire, extended coverage, vandalism and malicious mischief. I 2. Disposition: Policy and two certificates shall be deposited with the Owner prior to commencement of work. I F -18 TIME LIMITATION ON INSURANCE REQUIREMENTS A. Upon receipt of written notice of acceptance of his proposal from the Owner, the Contractor shall furnish and deliver to the Owner, in correct form, all insurance required by the General I Conditions within ten (10) days after notice. If the Contractor fails to provide the insurance to the Owner within ten (10) days, the Owner may elect to void the notice of acceptance. The obligation of the bid bond will remain in full force and effect and the money payable thereon I shall be paid into the funds of the Owner as liquidated damages for such failure. This does not relieve the Contractor of the requirement to furnish both Performance and Payment Bond within ten (10) days after notice. I F -19 PRECONSTRUCTION CONFERENCE A. The Contractor, upon receipt of the Proceed Order, shall request a " Preconstruction Conference ". The request shall be made to the Owner and the Architect. I B. The "Preconstruction Conference" shall be attended by the Owner, the Contractor, the contractor's major subcontractors, the authorized representatives of the Architect. 1 C. The purpose of the " Preconstruction Conference" is to familiarize all parties with the scheduling of the project, coordination of any phasing required, access to the project area, and review of any special conditions or requirements of the project. I F -20 DRUG -FREE ENVIRONMENT POLICY I A. By executing this contract, contractor certifies that he shall provide a drug -free workplace for his employees and the employees of his sub - contractors in accordance with the laws of the 1 F -4 1 1 REQUEST FOR PRIOR APPROVAL 1 Date of Request Job Bid Date Name of Party Proposing Substitute: 1 Project No: Specification Section and Paragraph: 1 Specified item: ' Proposed Substitute: Manufacturer: Deviations from the Specified Item: Manufacturer's Recommendations for use and installation: (List recommendations) 1 1 Change in Other Work to permit Use of proposed Substitute: (List changes. Submit drawings if required for clarity.) 1 Technical Data to Support Request for Approval: 1 (List ASTM designations met, submit testing laboratory reports and experience records.) 1 Other Supporting Data: (Submit brochures, samples, drawings.) 1 1 1 1 1 F -6 1 I DIVISION 1— GENERAL REQUIREMENTS SECTION 01090 — ABBREVIATIONS & SYMBOLS I PART 1— GENERAL 1.1 REFERENCES I A. Reference to a technical society, institute, association, organization or governmental authority may be made in the Specifications in accordance with the following abbreviations: AAR American Association of Railroads I AASHTO American Association of State Highway and Transportation Officials I ACI American Concrete Institute ADA American with Disabilities Act 1 AECI Association of Edison Illuminating Companies AGA American Gas Association, Inc. I AGC Associated General Contractors of America AGMA American Gear Manufacturers Association I AHC Architectural Hardware Consultants AIA American Institute of Architects I AISC American Institute of Steel Construction I AISI American Iron and Steel Institute ANSI American National Standards Institute I APA American Plywood Association API American Petroleum Institute 1 ARI Air- Conditioning and Refrigeration Institute ASA American Standards Association I ASC American Standards Code ASLA American Society of Landscape Architects I ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 1 ASM American Society for Metals ASME American Society of Mechanical Engineers I ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute I AWPA American Wood- Preservers' Association I ABBREVIATIONS & SYMBOLS 01090 -1 1 1 PMA Pump Manufacturer's Association RLM Reflector Luminaire Manufacturers RTMA Radio - Television Manufacturer's Association SAE Society of Automobile Engineers SCPI Structural Clay Products Institute SDI Steel Deck Institute SJI Steel Joist Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSPC Steel Structures Painting Council TCA Tile Council of America TEMA Tubular Exchange Manufacturers Association UL Underwriter's Laboratories USPS United States Product Standard PART 2 — PRODUCTS (Not Used) • PART 3 — EXECUTION (Not Used) END OF SECTION 1 1 1 1 1 1 1 1 ABBREVIATIONS & SYMBOLS 01090 -3 1 I evidence is presented to and approved by the Architect that the manufacturer cannot make delivery of the approved material on schedule. The right is reserved to require submission of samples of any material or any material lists whether or not particularly mentioned herein. 1 1.3 CERTIFICATES I A. Contractor shall obtain certificates of approval, acceptance and compliance from all authorities having jurisdiction over the work and deliver these certificates to the Architect. The work will not be deemed complete nor will fmal payment be made until such certificates have been delivered. I 1.4 RELEASE OF WAIVER OF LIENS A. Furnish releases and waivers as required by the Contract Documents with final payment application. 1 1.5 RECORD DRAWINGS 1 A. The Owner will furnish the Contractor one complete set of Drawings to be maintained at the site, and on which, as the work progresses, the Contractor shall record all changes and actual dimensions of the installed work where deviations are made from the original drawings or specifications relative to work included in this contract: I B. On completion of the job, the Contractor shall deliver one print of such corrected drawings to the Architect. The Contractor shall make such additional corrections as the Architect may require and shall then deliver the corrected prints to the Owner. I C. These Record Drawings are a specific requirement and the Contract will not be considered complete until they have been submitted in an acceptable form. I 1.6 WARRANTIES A. The Contractor shall deliver to the Architect, upon demand and upon completion of all work under I this Contract, a written guarantee made out to the Owner, satisfactorily warranting the requirements specified under this section. The Contractor's overall guarantee shall cover a period of one year or longer periods as specified. This guarantee shall be binding upon the Contractor, his successors and assigns. I 1.7 DOCUMENTS REQUIRED PRIOR TO FINAL PAYMENT I A. Prior to receipt of Final Payment, the Contractor shall deliver to the Architect the following documents in the quantity indicated: (All copies shall have original signatures and seals.) 1. All Affidavits, Warranties, Certifications, and other documents indicated in the General Conditions, not less than four (4) copies. I 2. Operating and Service Manuals on all equipment including Mechanical and Electrical work, including all on -site training, three (3) copies, bound, labeled, and indexed in 3 -ring binders, see General Conditions, and Specification Sections. I 3. Product Data (tests, labs, etc) for all rated materials (Class A,B,C) installed in the building (paints, fabrics, paper, etc). Also all contractors will be on site with date for each F.M. inspection (scheduled). 4. Waste Manifests for proper disposal of hazardous waste. I 5. Manufacturers certificates as required in Article E -6. 6. Contact list of all subcontractors including names, addresses and phone numbers. 7. Comprehensive color section schedules as installed. 1 PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) 1 END OF SECTION I SUBMITTALS 01300 -2 1 I C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. I D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents, submit a "Request for Information" to Architect. Include a detailed description of problem encountered, together with recommendations for changing the Contract Documents. Use standard form, numbering and dated. 1 3.3 CONSTRUCTION LAYOUT A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to existing work to remain. If discrepancies are discovered, notify Architect promptly. I 3.4 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. I 1. Make vertical work plumb and make horizontal work level, crowned for drainage. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. I B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. I C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or I loading in excess of that expected during normal conditions of occupancy. E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. • I F. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. I G. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component securely in place, accurately located and aligned with other portions of the Work. 1. Mounting Heights: Where mounting heights are not indicated, mount components at I heights directed by Architect. 2. Allow for movement, including thermal expansion and contraction. 3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, anchor bolts, and items with integral anchors, I that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. H. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, I arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. 1. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. I 3.5 PROGRESS CLEANING I A. General: Clean Project site and work areas daily, including common areas. Coordinate progress cleaning for joint -use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and I 2. debris. Do npt hold materials more than 7 days during normal weather or 3 days if the I EXECUTION REQUIREMENTS 01700 - 2 1 C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. I D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. 3.9 SCHEDULE ' A. Contractor shall develop a detailed schedule &submit for Owner approval. B. Contractor shall minimize duration of construction on site. END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 EXECUTION REQUIREMENTS 01700 - 4 1 I DIVISION 1— GENERAL REQUIREMENTS SECTION 01732 — SELECTIVE DEMOLITION I PART 1— GENERAL 1.1 SUMMARY I A. This Section includes the following: 1. Demolition and removal of select portions of site improvements. I B. Related Sections: The following Sections contain requirements that relate to this Section: 1. General Conditions for Schedules and Coordination procedures for demolition operations. 1.2 DEFINITIONS 1 A. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain the Owner's property. I B. Remove and Salvage: Items indicated to be removed and "salvaged" remain the Owner's property. Remove, clean, and pack or crate items to protect against damage. Identify contents of containers and deliver to Owner's designated storage area. I C. Existing to Remain: Protect construction indicated to remain against damage and soiling during demolition. 1 1.3 MATERIALS OWNERSHIP A. Except for items or materials indicated to be reused, salvaged, or otherwise indicated to remain the 1 Owner's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the Contractor's option. 1.4 SUBMITTALS • I A. General: Submit each item in this Article according to Specification Section 01300 Submittals, for information only, unless otherwise indicated. I B. Schedule of demolition activities indicating the following: 1. Detailed sequence of demolition and removal work, with starting and ending dates for each activity. I C. Record drawings at Project closeout according to "Contract Closeout" procedures. 1. Identify and accurately locate capped utilities and other subsurface structural, electrical, or mechanical conditions. 1 1.5 QUALITY ASSURANCE A. Demolition Firm Qualifications: Engage an experienced firm that has successfully completed I demolition Work similar to that indicated for this Project. B. Regulatory Requirements: Comply with governing EPA notification regulations before starting I demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. 1.6 PROJECT CONDITIONS I A. S improvements to have selective demolition will be vacated and their use will be discontinued. B. Owner assumes no responsibility for actual condition of work to be demolished. 1. Conditions existing at time of inspection for bidding purpose will be maintained by I Owner as far as practical. I SELECTIVE DEMOLITION 01732 -1 1 3.6 DEMOLITION A. Selective Demolition: Demolish portions of the site improvements completely and remove from the site. Use methods required to complete Work within limitations of governing regulations and as follows: 1 1. Dispose of demolished items and materials promptly. On -site storage or sale of removed items is prohibited. B. Damages: Promptly repair damages to adjacent work caused by demolition operations. 1 3.7 DISPOSAL OF DEMOLISHED MATERIALS A. General: Promptly dispose of demolished materials. Do not allow demolished materials to ' accumulate on -site. B. Burning: Do not burn demolished materials. 1 C. Disposal: Transport demolished materials off Owner's property and legally disposes of them. 3.8 SCHEDULE A. The site will be available for the time of construction. B. All work must be complete and accepted in conformance with documented schedule. 1 END OF SECTION • 1 1 1 1 1 1 1 1 • 1 SELECTIVE DEMOLITION 01732 -3 1 I B. Inspection: Submit a written request for Final Inspection for acceptance. Indicate areas needing correction from Preliminary Punch List. Final inspection will require 48 hours prior notice. 1.4 LIST OF INCOMPLETE ITEMS (FINAL PUNCH LIST) I A. Contractor shall submit written estimated schedule for completion to the Owner and Architect. The Architect will coordinate a final review of the remaining items on the Final Punch List. 1 B. Subsequent inspections shall be at the Contractor's expense. PART 2 — PRODUCTS 1 2.1 RECORD DRAWINGS A. Record Prints: Maintain one set of prints of the Contract Drawings with incorporated Addenda and I approved Change Orders. 1. Preparation: Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether I individual or entity is Installer, subcontractor, or similar entity, to prepare the marked -up Record Prints. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. I b. Accurately record information in an understandable drawing technique. c. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. 2. Content: Types of items requiring marking include, but are not limited to, the following: I a. Dimensional changes to Drawings. b. Revisions to details shown on Drawings. c. Revisions to routing of piping and conduits. I d. e. Revisions to electrical circuitry. Actual equipment locations. f. Locations of concealed utilities. g. Changes made by Change Order or Change Directive. I h. i. Changes made following Architect's written orders. Details not on the original Contract Drawings. j. Field records for variable and concealed conditions. I k. Record information on the Work that is shown only schematically. 3. Mark the Contract Drawings completely and accurately. 4. Mark record set with erasable, red - colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. I 5. Mark important additional information that was either shown schematically or omitted from original Drawings. 6. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. 1 2.2 CLOSEOUT DOCUMENTATION A. Organization of Closeout Documents. Each item shall be indexed with tabs as indicated below in a 3- ring binder (at least 3) completed copies (one original) shall be supplied to the Owner. Obtain specific forms from AHCDD office. Documents shall be organized and shall include but are not limited to the following: I 1. General [Tab 1 ] 1.0 Index 1.1 Affidavits a. Non - Influence I b. Statutory 1.2 Lien Waivers (Contractor and Subcontractors) 1.3 Consent of Surety for Final Payment 1.4 Contractor's Warranty I 1.5 Certificate of Completion CLOSEOUT PROCEDURES 01770 -2 1 I DIVISION 2 — SITE CONSTRUCTION SECTION 02230 - SITE CLEARING PART 1— GENERAL I 1.1 SUMMARY I A. This Section includes the following: 1. Protecting existing trees shrubs groundcovers plants and grass to remain. 2. Removing existing trees groundcovers plants and grass as noted on drawings. 3. Clearing and grubbing. I 4. Stripping and stockpiling topsoil. 5. Removing above- and below -grade site improvements. 6. Disconnecting, capping or sealing, and removing site utilities as noted on drawings. 7. Temporary erosion and sedimentation control measures. 1 1.2 DEFINITIONS A. Topsoil: Natural or cultivated surface -soil Layer containing organic matter and sand, silt, and clay I particles; friable, pervious, and black or a darker shade of brown, gray, or red than underlying sub- soil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2 inches in diame- ter; and free of subsoil and weeds, roots, toxic materials, or other nonsoil materials. I B. Tree Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by the drip line of individual trees or the perimeter drip line of groups of trees, unless otherwise indicated. 1 1.3 MATERIAL OWNERSHIP A. Except for stripped topsoil or other materials indicated to remain Owner's property, cleared mate- r ials shall become Contractor's property and shall be removed from Project site. 1.4 SUBMITTALS I A. Record drawings, according to Division 1 Section "Project Record Documents," identifying and accurately locating capped utilities and other subsurface structural, electrical, and mechanical con- ditions. I 1.5 QUALITY ASSURANCE A. Preinstallation Conference: Conduct conference at Project site to coordinate the work and confirm qualified workmen are aware of project requirements. I 1.6 PROJECT CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or I used facilities during site - clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities with- out permission from Owner and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed traffic ways if required by authorities I having jurisdiction. B. Improvements on Adjoining Property: Authority for performing site clearing indicated on proper- ty adjoining Owner's property will be obtained by Owner before award of Contract. 1 1. Do not proceed with work on adjoining property until directed by Architect. C. Salvable Improvements: Carefully remove items indicated to be salvaged and store on Owner's premises where indicated. I D. Utility Locator Service: Notify and schedule utility locator service for area of the Project and identify all utilities before site clearing. I E. Do not commence site clearing operations until temporary erosion and sedimentation control measures are in place. I SITE CLEARING 02230 - 1 1 I 3.4 UTILITIES A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility I services according to requirements indicated: 1. Notify Architect not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Architect's written permission. I 3.5 CLEARING AND GRUBBING A. Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new con - struction. I 1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated. 2. Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction. 3. Grind stumps and remove roots, obstructions, and debris extending to a depth of 18 inch- es below exposed subgrade. 4. Use only hand methods for grubbing within tree protection zone. I B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches, and com- pact each layer to a density equal to specified compaction required by Division 2 — I Earthwork section. 3.6 TOPSOIL STRIP I A. Remove sod and grass before stripping topsoil. B. Strip topsoil to whatever depths are encountered in a manner to prevent intermingling with under- lying subsoil or other waste materials. I 1. Remove subsoil and nonsoil materials from topsoil, including trash, debris, weeds, roots, and other waste materials. C. Stockpile topsoil materials away from edge of excavations without intermixing with subsoil. I Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust. 1. Limit height of topsoil stockpiles to 72 inches. 2. Do not stockpile topsoil within tree protection zones. 3. Stockpile surplus topsoil to allow for respreading deeper topsoil on site. I 3.7 SITE IMPROVEMENTS A. Remove existing above and below -grade improvements as indicated and as necessary to facilitate I new construction. 3.8 DISPOSAL I A. Disposal: Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris, and legally dispose of them off Owner's property. I END OF SECTION 1 1 1 - I SITE CLEARING 02230 - 3 1 I 2.2 RESIDENTIAL FENCE AND GATE FRAMING A. Posts and Rails: Round cold - formed, electric- resistance - welded, steel pipe or tubing, with mini- mum yield strength of 45,000 psi and with outside dimension, minimum wall thickness, and I weight complying with ASTM F 761 or ASTM F 654 for the following fence height and strength and stiffness requirements: 1. Fence Height: 6 feet. I 2. Duty Rating: Medium. 3. Tube or Pipe Diameter and Thickness: According to ASTM F 761. a. Top Rail: 1.66 inches (not used). b. Line Post: 1.90 inches. I c. Terminal Post: 2.375 inches. Gate Post: 2.375 inches. 4. d. Gate: Comply with ASTM F 654 and the following: a. Type: II, double swing, steel frame tubing. I b. Fabric Height: 2 inches less than adjacent fence height. c. Leaf Width: 60 inches. 5. Hardware: Latches permitting operation from both sides of gate, hinges. Fabricate I latches with integral eye openings for padlocking; padlock accessible from both sides of gate. 6. Metallic- Coated Steel: Posts, rails, and frames protected with an external coating of not less than 0.6 oz. of zinc /sq. ft., a chromate conversion coating, and a clear, verifiable po- I lymer film; with an internal protective coating of not less than 0.6 oz. of zinc /sq. ft. or 81 percent, not less than 0.3 -mil- thick, zinc pigmented coating. 2.3 TENSION WIRE 1 A. General: Provide horizontal tension wire at the following locations: 1. Location: Extended along top and bottom of fence fabric. I B. Galvanized coated steel wire, 7 guage (0.177 ") diameter tension wire with 75,000 -psi minimum tensile strength. 2.4 FITTINGS • • 1 A. General: Comply with ASTM F 626. I B. Post and Line Caps: Provide for each post. 1. Line post caps with loop to receive tension wire or top rail. C. Rail and Brace Ends: Attach rails securely to each gate, corner, pull, and end post. I D. Rail Fittings: Provide the following: 1. Top Rail Sleeves: Pressed -steel not less than 6 inches long. 2. Rail Clamps: Line and corner boulevard clamps for connecting intermediate rails in the I fence line -to -line posts. E. Tension and Brace Bands: Pressed steel. I F. Tension Bars: Steel, length not less than 2 inches shorter than full height of chain -link fabric. Provide one bar for each gate and end post, and two for each corner and pull post, unless fabric is integrally woven into post. I G. Truss Rod Assemblies: Steel, hot -dip galvanized after threading rod and turnbuckle or other means of adjustment. I H. Tie Wires, Clips, and Fasteners: According to ASTM F 626. 1. Standard Round Wire Ties: For attaching chain -link fabric to posts, rails, and frames, complying with the following: a. Hot -Dip Galvanized Steel: [0.148- inch -] diameter wire. I I CHAIN -LINK FENCES AND GATES 02821 - 2 1. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in position during setting with concrete or mechanical devices. 2. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp for consolidation. Protect aboveground portion of posts from concrete splatter. a. Concealed Concrete: Top 2 inches below gradeto allow covering with surface material. C. Terminal Posts: Locate terminal end, corner, and gate posts per ASTM F 567 and terminal pull posts at changes in horizontal or vertical alignment of 30 degrees or more. D. Line Posts: Space line posts uniformly at 8 feet o.c. E. Post Bracing and Intermediate Rails: Install according to ASTM F 567, maintaining plumb posi- tion and alignment of fencing. Install braces at end and gate posts and at both sides of corner and pull posts. 1. Locate horizontal braces at midheight of fabric 6 feet or higher, on fences with top rail and at 2/3 fabric height on fences without top rail. Install so posts are plumb when di- agonal rod is under proper tension. F. Tension Wire: Install according to ASTM F 567, maintaining plumb position and alignment of fencing. Pull wire taut, without sags. Fasten fabric to tension wire with 0.120-inch- diameter hog rings of same material and finish as fabric wire, spaced a maximum of 24 inches o.c. Install ten- s wire in locations indicated before stretching fabric. Bottom Tension Wire: Install tension wire within 6 inches of bottom of fabric and tie to each post with not less than same diameter and type of wire. G. Top Rail (not used): Install according to ASTM F 567, maintaining plumb position and alignment of fencing. Run rail continuously through line post caps, bending to radius for curved runs and terminating into rail end attached to posts or post caps fabricated to receive rail at terminal posts. Provide expansion couplings as recommended in writing by fencing manufacturer. H. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 1 inch between finish grade or surface and bottom selvage, unless otherwise indicated. Pull fabric taut and tie to posts, 1 rails, and tension wires. Anchor to framework so fabric remains under tension after pulling force is released. 1. Tension or Stretcher Bars: Thread through fabric and secure to end, corner, pull, and gate posts with tension bands spaced not more than 15 inches o.c. J. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire at 1 end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other end to chain-link fabric per ASTM F 626. Bend ends of wire to minimize hazard to individuals and clothing. 1. Maximum Spacing: Tie fabric to line posts at 12 inches o.c. and to braces at 24 inches o.c. K. Fasteners: Install nuts for tension bands and carriage bolts on the side of the fence opposite the fabric side. 1 3.5 ADJUSTING A. Gate: Adjust gate to operate smoothly, easily, and quietly, free of binding, warp, excessive deflec- tion, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire opera- tional range. Confirm that latches and locks engage accurately and securely without forcing or binding. 1 END OF SECTION 1 CHAIN-LINK FENCES AND GATES 02821 -4 I 1 2.3 REINFORCEMENT ACCESSORIES A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. Manufacture bar supports according to CRSI's I "Manual of Standard Practice" from steel wire, plastic, or precast concrete or fiber - reinforced con- crete of greater compressive strength than concrete. I 2.4 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I. I B. Normal- Weight Aggregate: ASTM C 33, uniformly graded, not exceeding 3/4 nominal size. C. Lightweight Aggregate: ASTM C 330. 1 D. Water: Potable and complying with ASTM C 94. 2.5 ADMIXTURES I A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water - soluble chloride ions by mass of cement and to be compatible with other admixtures. Do not use admix- tures containing calcium chloride. 1 B. Air- Entraining Admixture: ASTM C 260. C. Water- Reducing Admixture: ASTM C 494, Type A. 1 D. High -Range, Water- Reducing Admixture: ASTM C 494, Type F. 2.6 RELATED MATERIALS 1 A. Joint- Filler Strips: ASTM D 1751, asphalt - saturated cellulosic fiber, or ASTM D 1752, cork or self - expanding cork. I 2.7 CURING MATERIALS A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application to I fresh concrete. B. Clear, Waterborne, Membrane - Forming Curing Compound: ASTM C 309, Type 1, Class B. I 2.8 CONCRETE MIXES A. Comply with ACI 301 requirements for concrete mixtures. I B. Prepare design mixes, proportioned according to ACI 301, for normal- weight concrete determined by either laboratory trial mix or field test data bases, as follows: 1. Compressive Strength (28 Days): 3000 psi. I 2. Slump: 4 inches. a. Slump Limit for Concrete Containing High -Range Water- Reducing Admixture: Not more than 8 inches after adding admixture to plant- or site - verified, 2- to 3- inch slump. 1 C. Add air - entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of 2.5 to 4.5 percent. 1 1 CAST -IN -PLACE CONCRETE 03300 - 2 I I 1. Apply to concrete surfaces exposed to public view or to be covered with a coating or covering material applied directly to concrete, such as waterproofing, dampproofing, ve- neer plaster, or painting. 2. Apply the following rubbed finish, defined in ACI 301, to smooth - formed finished con - I crete. a. Smooth - rubbed finish. 3.7 FINISHING UNFORMED SURFACES A. General: Comply with ACI 302.1R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. I B. Screed surfaces with a straightedge and strike off. Begin initial floating using bull floats or dar- bies to form a uniform and open - textured surface plane before excess moisture or bleedwater ap- pears on the surface. I 1. Do not further disturb surfaces before starting finishing operations. C. Trowel and Fine -Broom Finish: Apply a partial trowel finish, stopping after second troweling, to surfaces indicated and to surfaces where ceramic or quarry tile is to be installed by either thickset I or thin -set methods. Immediately after second troweling, and when concrete is still plastic, slightly scarify surface with a fine broom. D. Nonslip Broom Finish: Apply a nonslip broom finish to surfaces indicated and to exterior con- crete platforms, steps, and ramps. Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber- bristle broom perpendicular to main traffic route. I 3.8 TOLERANCES A. Comply with ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." I 3.9 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temper - atures. Comply with ACI 306.1 for cold - weather protection, and follow recommendations in ACI 305R for hot - weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy condi- I tions cause moisture loss approaching 0.2 lb /sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. I C. Begin curing after finishing concrete, but not before free water has disappeared from concrete sur- face. D. Curing Methods: Cure formed and unformed concrete for at least seven days by moisture curing, I moisture- retaining -cover curing, curing compound, or a combination of these as follows: 1. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period. 3.10 FIELD QUALITY CONTROL I A. Testing Agency: Engage a qualified independent testing and inspecting agency to sample mate- rials, perform tests, and submit test reports during concrete placement according to requirements specified in this Article. Perform tests according to ACI 301. I B. Testing Agency: Contractor shall engage a qualified independent testing and inspecting agency to sample materials, perform tests, and submit test reports during concrete placement. Tests will be performed according to ACI 301: I . CAST -IN -PLACE CONCRETE 03300 - 4 1 1 DIVISION 6 - CARPENTRY SECTION 06100 - ROUGH CARPENTRY PART 1- GENERAL 1.1 SUMMARY I A. This Section includes the following: 1. Wood framing, furring, grounds, nailers, and blocking. 2. Framing with engineered wood products. I 1.2 DEFINITIONS A. Rough Carpentry: Carpentry work not specified in other Sections and not exposed. I 1.3 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and I Specification Sections 01330. B. Product Data for the following products: 1. Pressure Treated wood products. 2. Engineered wood products. C. Material certificates for dimension lumber specified to comply with minimum allowable unit stresses. Indicate species and grade selected for each use and design values approved by the American Lumber Standards Committee's (ALSC) Board of Review. D. Wood treatment data as follows, including chemical treatment manufacturer's instructions for handling, I storing, installing, and finishing treated materials: 1. For each type of preservative - treated wood product, include certification by treating plant stating type of preservative solution and pressure process used, net amount of preservative retained, and compliance with applicable standards. I 2. For waterborne - treated products, include statement that moisture content of treated materials was reduced to levels indicated before shipment to Project site. E. Warranty of chemical treatment manufacturer for each type of treatment. F. Research or evaluation reports of the model code organization acceptable to authorities having jurisdiction that evidence the following products' compliance with building code in effect for Project: I 1. Engineered wood products. 1.4 QUALITY ASSURANCE I A. Single - Source Responsibility for engineered wood products: Obtain each type of engineered wood product from one source and by a single producer. 1.5 DELIVERY, STORAGE, AND HANDLING A. Keep materials under cover and dry. Protect from weather and contact with damp or wet surfaces. Stack lumber, plywood, and other panels. Provide for air circulation within and around stacks and . under temporary coverings. For lumber and plywood pressure treated with waterborne chemicals, place spacers between each bundle to provide air circulation. PART 2- PRODUCTS I 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Wood- Preservative - Treated Materials: ROUGH CARPENTRY 06100 -1 I 2.4 MISCELLANEOUS LUMBER A. General: Provide lumber for support or attachment of other construction, including equipment curbs and support bases, cant strips, bucks, nailers, blocking, furring, grounds, stripping, and similar members. B. Fabricate miscellaneous lumber from dimension lumber of sizes indicated and into shapes shown. C. Moisture Content: 19 percent maximum for lumber items not specified to receive wood preservative treatment. D. Grade: For dimension lumber sizes, provide No. 3 or Standard grade lumber per ALSC's NGRs of any species. For board -size lumber, provide No. 3 Common grade per NELMA, NLGA, or WWPA; No. 2 grade per SPIB; or Standard grade per NLGA, WCLIB or WWPA of any species. 2.5 ENGINEERED WOOD PRODUCTS A. Laminated- Veneer Lumber: A composite of wood veneers with grain primarily parallel to member lengths, manufactured with an exterior -type adhesive complying with ASTM D 2559. Product has the following allowable design values as determined according to ASTM D 5456: 1. Extreme Fiber Stress in Bending, Edgewise: 2600 psi for 12 -inch nominal depth members. 2. Modulus of Elasticity, Edgewise: 1,800,000 psi. B. Parallel -Strand Lumber: A composite of wood strand elements with grain primarily parallel to member lengths, manufactured with an exterior -type adhesive complying with ASTM D 2559. Product has the following allowable design values as determined according to ASTM D 5456: 1. Extreme Fiber Stress in Bending, Edgewise: 2900 psi for 12 -inch nominal depth members. 2. Modulus of Elasticity, Edgewise: 2,000.000 psi. 2.6 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this Article for material and manufacture. 1. Where rough carpentry is exposed to weather, in ground contact, or in area of high relative humidity, provide fasteners with a hot -dip zinc coating per ASTM A 153 or of Type 304 stainless steel. B. Power- Driven Fasteners: CABO NER -272. C. Lag Bolts: ASME B18.2.1. (ASME B18.2.3.8M) D. Bolts: Steel bolts complying with ASTM A 307, Grade A (ASTM F 568, Property Class 4.6); with ASTM A 563 (ASTM A 563M) hex nuts and, where indicated, flat washers. 2.7 METAL FRAMING ANCHORS A. General: Provide framing anchors made from metal indicated, of structural capacity, type, and size indicated, and as follows: 1. Research/Evaluation Reports: Provide products acceptable to authorities having jurisdiction and for which model code research/evaluation reports exist that show compliance of metal framing anchors, for application indicated, with building code in effect for Project. 2. Allowable Design Loads: Provide products with allowable design loads, as published by manufacturer, that meet or exceed those indicated. Manufacturer's published values shall be determined from empirical data or by rational engineering analysis and demonstrated by comprehensive testing performed by a qualified independent testing agency. B. Galvanized Steel Sheet: Hot -dip, zinc - coated steel sheet complying with ASTM A 653/A 653M, G60 (Z180) coating designation. C. Joist Hangers: U- shaped joist hangers with 2- inch- (50 -mm -) long seat and 1 -1/4- inch- (32 -mm -) wide ROUGH CARPENTRY 06100 -3 indicated. B. Framing with Engineered Wood Products: Install engineered wood products to comply with manufacturer's written instructions. C. Do not splice structural members between supports. 3.3 WOOD GROUNDS, NAILERS, BLOCKING, AND SLEEPERS A. Install wood grounds, nailers, blocking, and sleepers where shown and where required for screeding or attaching other work. Form to shapes shown and cut as required for true line and level of attached work. Coordinate locations with other work involved. B. Attach to substrates to support applied loading. Recess bolts and nuts flush with surfaces, unless otherwise indicated. Build into masonry during installation of masonry work. Where possible, anchor to formwork before concrete placement. END OF SECTION • • I - ROUGH CARPENTRY 06100 -5 ��] '' N/F Md(INNEY CORPORATION _ - - - -i 1 ! 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