HomeMy WebLinkAboutPhase 1 Lake Olmstead Connector
Augusta Richmond GA
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Department of Public Works and Engineering
Jack F. Murphy, Director of Public Works
530 Greene Street
Room 701
Augusta, Georgia 30901
(706) 821-1706 Fax (706) 821-1708
Clifford A. Goins, Interim Assistant Director
Public Works - Engineering Division
MEMORANDUM OF TRANSMITTAL
Date:
March 17, 1999
To:
Ms. Lena Bonner. Clerk of Commission
From:
OFFICE OF PUBLIC WORKS & ENGINEERING
Mr. Clifford A. Goins. Interim Assistant Director
~~
Public Works - Engineering Division
Job No:
File Reference - 93-036(B) Augusta Canal Multi-Use Trail TEA-
Phase I Lake Olmstead Connector - Proiect D.O.T. Ref: STP-OOOE (96):
P.I. #271120
WE ARE SENDING THIS DATA VIA (ATTACHED)(SEPARATE COVER)THE
FOLLOWING:
Please find attached original Supplemental Agreement on the above referenced
proiect which has been executed on behalf of the Department of Transporation.
cc: Mr. Jack Murphy, Director of Public Works
Ms. Teresa Smith, Pre-Construction Engineer w/copy of agreement
CAG/cjv
Transmiu.aJ Memo
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GDOT I
Office of Planning
I
Memo
To:
(\ 1 ~ From:
V~ CC:
Drew Goins
Cora Cook
Angela Taylor
FAX (404) 657-5228
Voice (404) 657-6687
Date: 03/03/99
Re: Executed TEA Agreement STP-000E(96); PI# 271120 Richmond County
Lake Olmstead Connector - Phase 1
Enclosed is your copy of the executed TEA Agreement for STP-000E(96) PI# 271120. The TEA
Agreement covers Phase 1 of the Augusta Canal Multi-use Trail, the Lake Olmstead Connector. The
remainder of the project, Phase 2, will require a separate round of environmental and right-of-way
certifications, a second contract and a second bid process.
Let me know when you plan to award the Phase 1 contract and hold the transition conference. The
Area Engineer's Office will need to attend the meeting too.
CJC
Enclosure
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AGREEMENT
for
TRANSPORTATION ENHANCEMENT ACTIVITIES
between
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
and
AUGUSTA-RICHMOND COUNTY
THIS AGREEMENT, made and entered into this ~ ~Tt1 day of E-L~ '
19~, by and between the DEPARTMENT OF TRANSPORTATION, an agency of theSta of
Georgia, hereinafter sometimes referred to as the "DEPARTMENT", and Augusta-Richmond
County, hereinafter sometimes referred to as the "SPONSOR".
WHEREAS, the SPONSOR has been approved by the DEPARTMENT to carry out
a Transportation Enhancement Activity which consists of furnishing the design & engineering
services for the preparation of preliminary plans and final construction plans, and the construction
of Lake Olmstead Bridge and approaches for the Augusta Canal Pedestrian & Bicycle Trail, Project
No. STP-000E(96);ct1, PI No. 271120, Richmond County, Georgia, hereinafter sometime referred
to as the "PROJECT"; and
WHEREAS, the DEPARTMENT is authorized to receive federal funding for
Transportation Enhancement Activities for Georgia pursuant to provisions of 23 U.S.C. Section
133(b)(8); and
WHEREAS, the PROJECT is expected to positively impact the quality of
transportation in the State of Georgia; and
WHEREAS, the DEPARTMENT desires to financially participate with the SPONSOR
in the development of the PROJECT; and
WHEREAS, the SPONSOR has represented to the DEPARTMENT that it is has
the authority to receive and expend federal funds for the purpose of this PROJECT and is qualified
and experienced to provide such services necessary for the development of the PROJECT and the
DEPARTMENT has relied upon such representations; and
WHEREAS, under Section 32-2-2(a)(7) of the Official Code of Georgia Annotated,
the DEPARTMENT is authorized to participate in such an undertaking.
NOW, THEREFORE, the DEPARTMENT and the SPONSOR, both governmental
entities of the State of Georgia, pursuant to Article IX, Section III, Paragraph I(a) of the Georgia
Constitution of 1983, and in consideration of the mutual promises and covenant contained herein, :
do hereby agree as follows:
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ARTICLE I
SCOPE AND PROCEDURE
The SCOPE AND PROCEDURE for this PROJECT shall be the construction of a
bridge structure and approaches to provide linkage for pedestrian and bicycle traffic from the
intersection of Milledge Road and Lake Shore Loop across the Augusta Canal to the Augusta Canal
Tow Path. The bridge plans and design will utilize existing bridge piers, the installation of new steel
stringers, and wood decking. This project is identified as Project No. STP-000E(96);ct1, PI No.
271120, Richmond County, Georgia. All work is identified and set forth in Exhibit A, WORK PLAN;
Exhibit B, WORK SCHEDULE; and Exhibit C, BUDGET ESTIMATE, which are attached hereto and
incorporated as if fully set out herein. The scope of work is further defined by the PROJECT design
and construction plans ("PROJECT PLANS") on file with the DEPARTMENT and the SPONSOR
and referenced as if attached hereto and incorporated as if fully set out herein.
The SPONSOR shall be responsible for assuring that the PROJECT will be
economically feasible and based upon sound engineering principles, meet American Association
of State Highway and Transportation Officials ("AASHTO") Guidelines and will be sensitive to
ecological, environmental and archeological issues.
The WORK PLAN sets out the scope of work for the PROJECT. It is understood
and agreed that the DEPARTMENT shall participate only in the PROJECT as specified in Exhibit
A, WORK PLAN.
During the development of the PROJECT the SPONSOR has taken into
consideration, as applicable, the DEPARTMENT's "Standard Specifications for the Construction of
Roads and Bridges", 1993 Edition, and "Supplemental Specifications Book", current edition,
AASHTO standards for bicycle facilities; FHW A guidelines for pedestrian facilities; compliance with
the U.S. Secretary of the Interior "Standards and Guidelines, Archaeology and Historic
Preservation"; compliance with Section 106 of the National Historic Preservation Act of 1966 and
with Section 4(f) of the US DOT Act of 1966; compliance with the Archaeology and Historic
Preservation Act of 1974; compliance with the Archaeological Resources Protection Act of 1979 and
with the Native American Graves Protection and Repatriation Act, the Georgia Abandoned
Cemeteries and Burial Grounds Act of 1991; compliance with the DEPARTMENT's Scenic Byways
Designation and Management Program, and with the American Society of Landscape Architect
Guidelines; compliance with the Outdoor Advertising Requirements as outlined in the Official Code
of Georgia Annotated, Section 32-6-70 et.sea. and other standards and guidelines as may be
applicable to the PROJECT.
The SPONSOR will acquire and certify rights-of-way for the PROJECT in
accordance with State and Federal Laws, DEPARTMENT's Right of Way Procedure Manual,
Federal Regulations and particularly Title 23 and 49 of the Code of Federal Regulations ("CFR"),
as amended. The SPONSOR further acknowledges that no acquisition of rights of way will occur
until all applicable archaeological, environmental and historical preservation clearances have been
approved.
The SPONSOR shall ensure that all contracts as well as any subcontracts for the
construction of the PROJECT shall comply with the Federal and State legal requirements imposed
on the DEPARTMENT and any amendments thereto. The SPONSOR is required and does agree
to abide by those provisions governing the DEPARTMENT's authority to contract, specifically, but
not limited to Sections 32-2-60 through 32-2-77 of the Official Code of Georgia Annotated; the
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DEPARTMENT's Rules and Regulations governing the Prequalification of Prospective Bidders,
Chapter 672-5; and the DEPARTMENT's "Standard Specifications", 1993 Edition, "Supplemental
Specifications Book",current edition, and any Supplemental Specifications and Special Provisions
applicable for the PROJECT.
The SPONSOR further agrees to comply with and shall require the compliance and
physical incorporation of Federal Form FHW A-1273 into all contracts or subcontracts for
construction, as attached hereto and incorporated herein as Exhibit D, Terms and Conditions.
ARTICLE II
COVENANTS AGAINST CONTINGENT FEES
The SPONSOR shall comply with all relevant requirements of all Federal, State and
local laws including but not limited to those applicable requirements as outlined in Exhibit D, TERMS
AND CONDITIONS. The SPONSOR warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the SPONSOR, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona
fide employee working solely for the SPONSOR, any fee, commission, percentage, brokerage fee,
gifts or any other consideration, contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the DEPARTMENT shall have the right to annul
this Agreement without liability, or in its discretion, to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
ARTICLE III
EMPLOYMENT OF DEPARTMENT'S PERSONNEL
The SPONSOR shall not employ any person or persons in the employ of the
DEPARTMENT for any work required by the terms of this Agreement, without the written permission
of the DEPARTMENT except as may otherwise be provided for herein.
ARTICLE IV
REVIEW OF WORK
Authorized representatives of the DEPARTMENT and the Federal Highway
Administration, ("FHW A"), may at all reasonable times review and inspect the activities and data
collected under the terms of this Agreement and any amendments thereto, including but not limited
to, all reports, drawing, studies, specifications, estimates, maps, and computations prepared by or
for the SPONSOR. The DEPARTMENT reserves the right for reviews and acceptance on the part
of affected public agencies, railroads and utilities insofar as the interest of each is concerned.
Acceptance shall not relieve the SPONSOR of its professional obligation to correct,
at its expense, any of its errors in the work. The DEPARTMENT's review recommendations shall
be incorporated into the work activities of the SPONSOR.
The SPONSOR shall keep accurate records in a manner approved by the 1
DEPARTMENT with regard to the use of the property and submit to the DEPARTMENT upon
request, such information as is required in order to ensure compliance with this ARTICLE.
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ARTICLE V
TIME OF PERFORMANCE
TIME IS OF THE ESSENCE IN THIS AGREEMENT. The SPONSOR shall perform
its responsibilities for the PROJECT, commencing on receipt of written "Notice to Proceed" from the
DEPARTMENT and shall complete the PROJECT no later than December 31, 2001. The work shall
be carried on in accordance with the schedule attached to this Agreement as "Exhibit 8", WORK
SCHEDULE, with recognition that unforeseen events may make necessary some minor variations
in that schedule.
The work shall be carried on expeditiously, it being understood, however, that this
Agreement may be extended or continued in force by mutual consent of the parties and evidenced
by a written amendment thereto.
ARTICLE VI
RESPONSIBILITY FOR CLAIMS AND LIABILITY
The SPONSOR shall be responsible for any and all damages to property or persons
and shall indemnify and save harmless the DEPARTMENT, its officers, agents and employees from
all suits, claims, actions or damages of any nature whatsoever resulting from the negligence of the
SPONSOR in the performance of work under this Agreement.
It is understood by the SPONSOR that claims, damages, losses and expenses may
include monetary claims made by the construction contractor for the PROJECT, and its related
facilities, that are a result of the SPONSOR's negligence or improper representation in the plans.
The SPONSOR shall require that the provisions of this Article are included in all
contracts and subcontracts.
These indemnities shall not be limited by reason of any insurance coverage held by
the SPONSOR or the SPONSOR's contractors or subcontractors.
ARTICLE VII
INSURANCE
Prior to beginning work, the SPONSOR shall obtain and where applicable cause its
contractors and subcontractors to obtain and furnish certificates to the DEPARTMENT for the
following minimum amounts of insurance:
(1) Workman's Compensation Insurance in accordance with the laws of the
State of Georgia.
(2) Public Liability Insurance in an amount of not less than one hundred
thousand dollars ($100,000.00) for injuries, including those resulting in death
to anyone person, and in an amount of not less than three hundred
thousand dollars ($300,000.00) on account of anyone occurrence.
(3) Property Damage Insurance in an amount of not less than fifty thousand
dollars ($50,000.00) from damages on account of any occurrence, with an
aggregate limit of one hundred thousand dollars ($100,000.00).
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(4) Valuable Papers Insurance in an amount sufficient to assure the restoration
of any plans, drawings, field notes, or other similar data relating to the work
covered by the PROJECT.
Insurance shall be maintained in full force and effect during the life of the Agreement
and until final completion of the PROJECT.
ARTICLE VIII
COMPENSATION AND PAYMENT
It is agreed that the compensation hereinafter specified includes both direct and
indirect costs chargeable to the PROJECT under generally accepted accounting principles and as
allowed in the Federal Acquisition Regulations Subpart 31.6, and not prohibited by the Laws of the
State of Georgia.
It is understood that the PROJECT is being developed under the guidance of the
Innovative Financing Procedures, as agreed to by the SPONSOR as set forth in Attachment 1,
incorporated herein by reference. The Innovative Financing Procedures allow the SPONSOR to
initiate Preliminary Engineering and apply allowable expenditures for these Phases toward the
required Twenty Percent (20%) Local Match.
The Total Cost of the PROJECT is Two Hundred Forty Six Thousand Three Hundred
Twenty Six and No/100 Dollars ($246,326.00), distributed to Preliminary Engineering and
Construction as follows:
Federal
Local
TOTAL
Preliminary Engineering
$
0.00
$ 13,455.00
$ 35,810.00
$ 49,265.00
$ 13,455.00
$ 232,871.00
$ 246,326.09
Construction
$ 197,061.00
$ 197,061.00
TOTAL
The SPONSOR has certified their allowable expenditures for Preliminary
Engineering in the Authorizing Resolution, which is attached hereto and incorporated as if fully set
out herein.
It is understood and agreed that the total estimated construction cost of the
PROJECT as outlined in this Article and as shown in Exhibit "C", BUDGET ESTIMATE, attached
hereto and incorporated as if fully set out herein, is Two Hundred Forty Six Thousand Three
Hundred Twenty Six and No/100 Dollars ($ 246,326.00). The total estimated cost of the PROJECT
to be financed under the Transportation Enhancement Activities program of the U.S. Department
of Transportation FHW A is One Hundred Ninety Seven Thousand Sixty One and No/100 Dollars
($ 197,061.00) which is the total federal contribution to the PROJECT and is the maximum amount
of the DEPARTMENT's obligation. The approved PROJECT budget shall include any claims by the
SPONSOR for all costs incurred by the SPONSOR in the conduct of the entire scope of work for the
PROJECT.
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The SPONSOR shall be solely responsible for any and all amounts in excess of One
Hundred Ninety Seven Thousand Sixty One and No/100 Dollars ($197,061.00), which such amount
in excess being payable only with non-Federal aid funds. In no event shall the Federal contribution
of the PROJECT exceed One Hundred Ninety Seven Thousand Sixty One and No/100 Dollars ($
197,061.00), which is the DEPARTMENT's maximum obligation.
The SPONSOR shall submit to the DEPARTMENT a revised budget estimate in
accordance with the successful contractor's bid within ninety days from the date of the contractor's
contract being awarded for construction, and before any construction work on the PROJECT may
begin. The approved project budget must comply with the activities as set forth in ARTICLE I,
SCOPE AND PROCEDURE. A supplemental agreement shall be executed between the
DEPARTMENT and SPONSOR and the successful bid amount shall become the new budget for
the PROJECT. The SPONSOR shall be responsible for all costs in excess of the established
Federal Share.
If the successful contractor's bid is less than $ 246,326.00, the total cost of the
PROJECT is defined as follows: certified expenditures incurred under the Innovative Financing
agreement as set forth in Attachment 1 plus (+) the successful contractor's bid amount. The
DEPARTMENT shall be responsible for eighty percent (80%) of the total cost, of which all shall be
for Construction costs of the PROJECT and the Sponsor shall be responsible for (20%) of the total
cost, which constitutes Preliminary Engineering and Construction of the PROJECT.
The SPONSOR shall coordinate construction activities with the DEPARTMENT's
Area Engineer. In the event the SPONSOR or Area Engineer recommend changes representing
a fundamental departure from the PROJECT's approved Work Plan or Budget, the changes shall
be reviewed by the DEPARTMENT's Project Manager. If the changes are approved, the
DEPARTMENT's Project Manager shall prepare a supplemental agreement to amend the
Agreement's Work Plan or reduce the Budget. Costs in excess of the awarded bid, whether
increased by in-the-field changes or fundamental changes in work plan, shall be the responsibility
of the SPONSOR.
The SPONSOR shall submit to the DEPARTMENT monthly reports of the
PROJECT's progress to include a report on what was accomplished during the month, anticipated
work to be done during the next month and any problems encountered or anticipated. Payment on
account of the above fee shall be made monthly on the basis of calendar months, in proportion to
the percentage of work completed for each phase of work. Payments shall be made after approval
of a certified voucher from the SPONSOR. Upon the basis of its review of such vouchers, the
DEPARTMENT shall, at the request of the SPONSOR, make payment to the SPONSOR as the
work progresses, but not more often than once a month. Should the work for the PROJECT begin
within anyone month, the first voucher shall cover the partial period from the beginning date of the
work through the last date of the month in which it began. The vouchers shall be numbered
consecutively and subsequent vouchers submitted each month until work for the PROJECT is
completed.
Payment shall be made in the amount of sums earned less previous partial
payments and less an established retainage of two and one-half percent (2.5%) of the sums earned
and this amount shall be held by the DEPARTMENT until final acceptance of the PROJECT by the
DEPARTMENT. The final invoice shall reflect the actual cost of work accomplished by the
SPONSOR under the terms of this Agreement, and shall be the basis for final payment.
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No expense for travel shall be an allowable expense for the SPONSOR under this
Agreement unless such travel is listed in the approved PROJECT budget submitted by the
SPONSOR to the DEPARTMENT. In addition, budgeted costs for travel shall be limited to the
amount included in the approved PROJECT budget, unless prior DEPARTMENT approval is
obtained for increasing such amount.
Should the work under this Agreement be terminated by the DEPARTMENT,
pursuant to the provisions of ARTICLE XV, the SPONSOR shall be paid based upon the percentage
of work completed at the point of termination, notwithstanding any just claims by the SPONSOR.
ARTICLE IX
FINAL PAYMENT
IT IS FURTHER AGREED that upon completion and acceptance of the work by the
SPONSOR, the SPONSOR shall submit to the DEPARTMENT, the "Sponsor's Certification of Final
Acceptance" form, the final invoice and materials certification statement. The DEPARTMENT shall
review the materials certification statements and any material documentation. Upon determining
the materials to be in compliance, the DEPARTMENT shall issue the Materials Certificate. The
DEPARTMENT shall process the final construction report initiating the DEPARTMENT's project
close-out procedures. Whereupon the DEPARTMENT shall pay to the SPONSOR a sum equal to
eighty percent (80%) of the total compensation as set forth in ARTICLE VIII, herein, and consistent
with all approved invoices, less the total of all previous partial payments, paid or in the process of
payment.
The SPONSOR agrees that acceptance of this final payment shall be in full and final
settlement of all claims arising against the DEPARTMENT for work done, materials furnished, costs
incurred, or otherwise arising out of this Agreement and shall release the DEPARTMENT from any
and all further claims of whatever nature, whether known or unknown, for and on account of said
Agreement, and for any and all work done, and labor and materials furnished in connection with the
same.
The SPONSOR shall allow the examination and verification of costs by the
DEPARTMENT's representatives, in accordance with the provisions of Article XIII, herein. If the
DEPARTMENT's examination of the contract cost records, as provided for in Article XIII, results in
unallowable expenses, the SPONSOR shall immediately be responsible for reimbursing the
DEPARTMENT the full amount of such disallowed expenses.
ARTICLE X
CONTINGENT INTEREST
The DEPARTMENT shall retain a contingent interest in the PROJECT for as long
as there continues a Federal interest in the PROJECT as determined by the DEPARTMENT's
calculation of the economic life of the PROJECT. Based on the scope of work, as set forth in Exhibit
A, WORK PLAN, the DEPARTMENT has determined the economic life of the PROJECT to be
fifteen (15) years from the date of PROJECT Final Acceptance.
Upon any sale or disposition of the PROJECT or the filing of an application for
abandonment of the PROJECT under United States Code (U.S.C.) Title 49 Chapter 109 of all or any
part of the PROJECT, the SPONSOR shall repay immediately in full to the DEPARTMENT an
amount equal to the Federal Share of the funds involved in the improvement or rehabilitation of such
part, segment or entirety of the PROJECT under this Agreement, said Federal Share to be
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determined in accordance with the DEPARTMENT's determination of the fair market value of the
PROJECT at the time of disposition.
The term "any sale or disposition" as used in this Article shall mean any sale,
abandonment, or disposition (1) for use not consistent with the purposes for which the Federal
Share was originally granted pursuant to the Agreement, or (2) for a use consistent with such
purposes wherein the transferee in the sale or disposition does not enter into an assignment and
assumption agreement with the owner with respect to the owner's obligation thereunder as if the
transferee had been the original owner thereof.
Upon completion of the PROJECT, the SPONSOR shall record in the appropriate
land records, if applicable, in a form mutually agreeable to the parties hereto, a notice reciting that
the property was improved with Federal assistance under this Agreement and that its use and
disposition are subject to the terms of this Agreement. Verification of compliance with this
paragraph shall be provided to the DEPARTMENT.
ARTICLE XI
RIGHT OF FIRST REFUSAL
A determination by the SPONSOR to sell or dispose of the PROJECT shall entitle
the DEPARTMENT to the right of first refusal to purchase or lease the PROJECT at net liquidation
value. Such right of first refusal shall be retained for as long as the DEPARTMENT holds a
contingent interest in the PROJECT pursuant to Article X of this Agreement.
Should the DEPARTMENT elect to purchase or lease the PROJECT at any time
after completion of the PROJECT no compensation shall be provided for the value added as a result
of the PROJECT. .
ARTICLE XII
SUBSTANTIAL CHANGES
No material changes in the scope, character, complexity or duration of the
PROJECT from those required under the Agreement shall be allowed without the execution of a
Supplemental Agreement between the DEPARTMENT and SPONSOR.
Minor changes in the work which do not involve increased compensation, extensions
of time or changes in the goals and objectives of the PROJECT, may be made by written notification
of such change by either party with written approval by the other party.
ARTICLE XIII
MAINTENANCE OF CONTRACT COST RECORDS
The SPONSOR shall maintain all books, documents, papers, accounting records
and other evidence pertaining to costs incurred on the PROJECT and used in support of its proposal
and shall make such material available at all reasonable times during the period of the Agreement '
and for three years from the date of final payment under this Agreement, for inspection by the
DEPARTMENT, and any reviewing agencies, and copies thereof shall be furnished upon request. '
The SPONSOR agrees that the provisions of this Article shall be included in any contracts it may
make with any subcontractor, assignee or transferee.
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An audit of the Agreement shall be provided by the SPONSOR The audit may be
conducted by an independent accountant or accounting firm in accordance with audit requirements,
49 CFR 18.26 and OMS Circular 128 or any revision or supplement thereto. Program costs shall
be documented within the OMS Circular 128 audit. Final audit of the PROJECT shall be submitted
in a timely manner, reported in each of the SPONSOR's fiscal year audit or audits for the period of
the Agreement.
ARTICLE XIV
SUBLETTING, ASSIGNMENT OR TRANSFER
It is understood by the parties to this Agreement that the work of the SPONSOR is
considered personal by the DEPARTMENT. The SPONSOR agrees not to assign, sublet or
transfer any or all of its interest in this Agreement without prior written approval of the
DEPARTMENT.
The DEPARTMENT reserves the right to review all subcontracts prepared in
connection with the Agreement, and the SPONSOR agrees that it shall submit to the
DEPARTMENT any proposed subcontract documents together with subcontractor cost estimates
for review and written concurrence of the DEPARTMENT in advance of their execution.
All subcontracts in the amount of $10,000.00 or more shall include the provisions set
forth in this Agreement.
ARTICLE XV
TERMINATION
The DEPARTMENT reserves the right to terminate this Agreement at any time for
any reason, with or without cause upon thirty (30) days written notice to the SPONSOR,
notwithstanding any just claims by the SPONSOR for payment for services rendered prior to the
date of termination.
It is understood by the parties hereto that should the DEPARTMENT terminate this
Agreement prior to the completion of an element of work the SPONSOR shall be reimbursed for
such work element based upon the percentage of work completed.
Failure to meet the time set out for completion of an approved work authorization,
may be considered just cause for termination of the Agreement.
ARTICLE XVI
OWNERSHIP OF DOCUMENTS
The SPONSOR agrees that all reports, drawings, studies, specifications, survey
notes, estimates, maps, computations, computer diskettes and printouts and other data prepared
by or for it under the terms of this Agreement shall be delivered to, become and remain the property
of the DEPARTMENT upon termination or completion of the work. The DEPARTMENT shall have
the right to use the same without restriction or limitation and without additional compensation to the
SPONSOR other than that provided for in this Agreement.
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ARTICLE XVII
PUBLICATION AND PUBLICITY
Articles, papers, bulletins, interim or final reports, oral transmittals or any other
materials reporting the plans, progress, analyses, or results and findings of work conducted under
this Agreement shall not be presented publicly or published without prior written approval by the
DEPARTMENT.
IT IS FURTHER AGREED that all releases of information, findings, and
recommendations shall include a disclaimer provision and that all published reports shall include
that disclaimer on the cover and title page in the following form:
"The contents in this publication reflect the views of the author(s), who is responsible
for the facts and accuracy of the data presented herein. The opinions, findings, and
conclusions in this publication are those of the author(s) and do not reflect the
opinion, finding, or policy of the Georgia Department of Transportation or the Federal
Highway Administration."
IT IS FURTHER AGREED that if any information concerning the PROJECT, its
conduct, results or data gathered or processed should be released by the SPONSOR without prior
approval from the DEPARTMENT, the release of same shall constitute grounds for termination of
this Agreement without indemnity to the SPONSOR; but should any such information be released
by the DEPARTMENT, or by the SPONSOR with such prior written approval, the same shall be
regarded as public information and no longer subject to the restrictions of this Agreement.
Provided, however, should such information be required to be released by the
DEPARTMENT under the Georgia Open Records Act, Section 50-18-70, et.seQ., O.C.G.A., the
restrictions and penalties set forth herein shall not apply. Any request for information directed to the
SPONSOR, pursuant to the Georgia Open Records Act, by the public shall be redirected to the
DEPARTMENT for further action.
ARTICLE XVIII
COPYRIGHTING
The SPONSOR shall be prohibited from copyrighting the final reports or copyrighting
any papers, interim reports, forms or other material which are a part of the work under this
Agreement, without written approval from the DEPARTMENT. The DEPARTMENT reseNes the
right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish, use and authorize
others to use, the work prepared under this Agreement.
ARTICLE XIX
CONTRACT DISPUTES
This Agreement shall be deemed to have been executed in Fulton County, Georgia,
and all questions of interpretation and construction shall be governed by the laws of the State of
Georgia.
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ARTICLE XX
COMPLIANCE WITH APPLICABLE LAW
A. The undersigned certify that the provisions of Sections 45-10-20 through 45-
10-28 of the Official Code of Georgia Annotated relating to Conflict of Interest and State Employees
and Officials Trading with the State have been complied with in full.
B. IT IS FURTHER AGREED that the SPONSOR shall comply and shall require
its subcontractors to comply with the regulations for COMPLIANCE WITH TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964, as amended, and 23 CFR 710A05(b) as stated in Exhibit E of this
Agreement.
C. IT IS FURTHER CERTIFIED that the provisions of Section 50-24-1 through
50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free Workplace Act" have
been complied with in full, as stated in Exhibit F of this Agreement.
D. The SPONSOR acknowledges and agrees that failure to complete
appropriate certifications or the submission of a false certification shall result in the termination of
this Agreement pursuant to the provisions of Article XV.
E. IT IS FURTHER AGREED that the SPONSOR shall subcontract a minimum
of zero percent (0%) of the total amount of PROJECT funds to Disadvantaged Business Enterprise
(DBE) as defined and provided for under the Federal Rules and Regulations 49 CFR et.sea. The
SPONSOR shall ensure that DBE firms are certified with the DEPARTMENT's Equal Employment
Opportunity Office. The SPONSOR shall submit to the DEPARTMENT, for its review and
concurrence, a copy of the proposed subcontract including the name of the DBE subcontractor.
F. IT IS FURTHER AGREED that the SPONSOR shall comply and shall require
its subcontractors to comply with all applicable requirements of the Americans with Disabilities Act
of 1990 (ADA), 42 U.S.C. 12101 et.sea. and 49 U.S.C. 322; Section 504 of the Rehabilitation Act
of 1973, as amended, 29 U.S.C. 791; and regulations and amendments thereto.
G. IT IS FURTHER AGREED that the SPONSOR shall, and shall require its
contractors and subcontractors to, comply with all applicable requirements of the Davis-Bacon Act
of 1931 J 40 U.S.C. 276(a); as prescribed by 23 U.S.C. 113, for Federal-aid highway projects, except
those transportation enhancement activities whose exemption meets the requirements stipulated
in the FHW A Memorandum of July 28, 1994.
H. Expressly incorporated into and made a part of this Agreement are:
APPENDICES 1 through 5.
The covenants herein contained shall, except as otherwise provided, accrue to the benefit
of and be binding upon the successors and assigns of the parties hereto.
11
',.
IN WITNESS WHEREOF. said parties have hereunto set their hand and affixed their
seals the day and year above first written.
RECOMMENDED:
State Tran rtation Planning
Administrator
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ATTEST:
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Reviewed As To Legal Form:
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O1fice of Leg I rvices
ond County
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Signed, sealed ~ered
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NOTARY PUBL \ ~ '..~ :..,....,.. '"'~~ ~
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My Commission Expires'Dec. 5. ~pO;l
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This Agreement approved by the Augusta-
Richmond County mmission-CoYJlcil at
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FEIN 5~~ .:J.:2~'fcJ 71
AUTHORIZING RESOLUTION
Resolution authorizing the contracting with the Georgia Department of Transportation for funding
under the Intermodal Surface Transportation Efficiency Act of 1991.
WHEREAS, the Secretary of the U.S. Department of Transportation and the Commissioner of the
Georgia Department of Transportation are authorized to contract for Transportation Enhancement
Projects; and
WHEREAS, the contract for financial assistance will impose certain obligations upon Augusta-
Richmond County, including the provision of its local share of the project costs in the project; and
WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of
Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for
assistance under the Intermodal Surface Transportation Efficiency Act, the applicant gives an
assurance that it will comply with Title VI of the Civil Rights Act of 1964 and other pertinent directives
and the U.S. Department of Transportation requirements thereunder; and
WHEREAS, it is the goal of Augusta-Richmond County that Disadvantaged Business Enterprises
be utilized to the fullest extent possible in connection with the project and that the definite
procedures shall be established and administered to ensure that minority businesses shall have the
maximum feasible opportunity to compete for contracts and purchase orders when procuring
construction contracts, supplies, equipment contracts, or consultant and other services.
NOW, THEREFORE, BE IT RESOLVED BY AUGUSTA-RICHMOND COUNTY
1. That the Mayor is authorized to execute contract on behalf of Augusta-Richmond County
with the Georgia Department of Transportation to aid in the financing of planning, construction, and
implementation of Transportation Enhancement Activity projects pursuant to Section 133 (b)(8) of
Title 23 U.S.C.; and all other provisions as set forth in the contract with the Georgia Department of
Transportation.
2. That the Mayor is authorized to execute and file an assurance or any other document
required by the U.S. Department of Transportation and the Georgia Department of Transportation
effectuating the purpose of Title ~I of the Civil Rights Act of 1964.
3. That the Mayor is authorized to furnish such additional information as the U.S. Department
of Transportation and the Georgia Department of Transportation may require in connection with the
application for the Transportation Enhancement Activity project and budget.
4. That the Mayor is authorized to set forth and execute affirmative disadvantaged business
policies in connection with the Transportation Enhancement activity project.
CERTIFICA TION
The undersigned duly qualified and acting as Mayor of the Augusta - Richmond County certifies the
following:
Augusta - Richmond County has contributed the sum of $ 13,455.00 towards preliminary
engineering for this project.
Augusta - Richmond County has identified sufficient resources to complete the Scope of Work for
this project and make all payments not covered by the federal Transportation Enhancement Activity
funding contribution.
The fo egoing is a true and correc copy of a resolution adopted at a legally convened meeting of
the held on nU,A. 19~.
a
w
<<IMPRESS OFFICIAL SEAL HERE>>
~ignature of Recor
1!!t1;;t~:;;ng Officer
I-S-91'
Date
AUGUSTA-RICHMOND COUNTY COMMISSION
BOB YOUNG
Mayor
lAMES B. WALL
CITY ATTORNEY
P. O. Box 2125
454 GREENE STREET
AUGUSTA. GEORGIA 30903
Bus. (706) 821-2488
Fax No. (706) 722-5984
E-Mail: lwall15391@aol.com
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
RICHARD L. COLCLOUGH
FREDDIE L. HANDY
WILLIAM B. KUHLKE. JR.
WM. "WILLIE" H. MAYS. ill
J. B. POWELL
STEPHEN E. SHEPARD
LEE BEARD
:-'1ayor Pro Tern
CHARLES R. OLIVER. P E. CPA
Administrator
February 1. 1999
Augusta-Richmond County Commission
8lh Floor, Municipal Building
530 Greene Street
Augusta, GA 3090 I
Dear Sirs:
This communication will serve as the requisite opinion of counsel to be filed with
the Georgia Department of Transportation, in connection with the contract for financial
assistance pursuant to the provisions of Section 133 (b )(8) of the Intermodal Surface
Transportation Efficiency Act for planning, construction and implementation of Transportation
Enhancement Activity projects. I understand that Augusta-Richmond County has been approved
for funding by the Intermodal Surface Transportation Efficiency Act, and that the Federal
Highway Administration has concurred in the approval. The legal authority for Augusta-
Richmond County's ability to carry out the planning, construction and implementation of
Transportation Enhancement Activity projects directly, by lease, contract or otherwise se set
forth below:
I. Augusta-Richmond County is authorized under its Charter [1995 Ga.
Laws, p. 3648, et seq., as amended by Act No. 571, 1997 Ga. Laws, p. 3607; Ordinance No.
5875, 1997 Ga. Laws, p. 4690; and Act No. 220, 1997 Ga. Laws. p. 4024,J and Georgia law to
plan. construct, implement and maintain Transportation Enhancement Activity projects. This
assistance may be provided directly by Augusta-Richmond County or by lease arrangements
with other parties.
2. The authority of Augusta-Richmond County to provide for its share of
project funds for the Transportation Enhancement Activity project is set forth in its Charter and
Georgia law.
3. [ have reviewed the pertinent Federal. State and local laws and I am of the
opinion that there is no legal impediment to your contracting for Transportation Enhancement
Activity funds. Furthermore. as a result of my examination, I find that there is no pending or
Page 2
February I, 1999
threatened litigation or other action. which might in any way adversely affect the proposed
project in the program, or the ability of Augusta-Richmond County to carry out such project.
JBW/sjp
CERTIFICATION OF SPONSOR
I hereby certify that I am the Mayor and duly authorized representative of Augusta-Richmond
County whose address is Municipal Building, 530 Greene Street Augusta, GA 30911. I hereby
certify to the best of my knowledge and belief that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or any employee of a Member of Congress in connection with 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, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement.
2. If any funds other than 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
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, 'Disclosure Form to Report Lobbying', in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this'
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31 ,U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not
more than $100,000.00 for each such failure.
The SPONSOR also agrees that the language of this certification shall be included in all
subcontracts and lower tier subcontracts, which exceed $10,000.00, and that all such recipients and
sub-recipients shall certify and disclose accordingly.
I also certify that neither I, nor the above entity I here represent, has:
(a) employed or retained for a commission, percentage, brokerage contingent fee, or
other consideration, any firm or person (other than a bona fide employee working
solely for me or the above entity) to solicit or secure this Agreement.
(b) agreed, as an express or implied condition for obtaining this contract, to employ or
retain the services of any firm or person in connection with carrying out the
Agreement, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for me or the above entity) any fee, contribution, donation,
or consideration of any kind for, or in connection with, procuring or carrying out the
Agreement;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Department of Transportation and the
Federal Highway Administration, U.S. Department of Transportation, in connection with this
Agreement involving participation of Federal Highway Funds, and is subject to applicable State and
Federal laws, both criminal and civil.
-d~ 7, /'i77
Date
Signature
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CERTIFICATION OF DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
I hereby certify that I am the Commissioner of the Department of Transportation of the State of
Georgia, and that the above consulting firm, or its representative has not been required, directly or
indirectly as an express or implied condition in connection with obtaining or carrying out this
Agreement to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, to any firm, person, or organization, any fee, cc:>ntribution,
donation, or consideration of any kind; except as here expressly stated, (if any):
I acknowledge that this certificate is to be furnished to the Federal Highway Administration, U.S.
Department of Transportation, in connection with this Agreement involving participation of Federal
Highway Funds, and is subject to applicable State and Federal Laws, both criminal and civil.
~~$
TABLE OF CONTENTS
EXHIBITS
A. WORK PLAN
B. WORK SCHEDULE
C. BUDGET ESTIMATE
D. TERMS AND CONDITIONS
E. COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
F. DRUG FREE WORKPLACE
G. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
APPENDICES
1. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
2. EQUAL EMPLOYMENT OPPORTUNITY
3. EXAMINATION OF PLANS AND SPECIFICATIONS
4. COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
5. DRUG FREE WORKPLACE
ATTACHMENTS
1. INNOVATIVE FINANCING MEMORANDUM OF UNDERSTANDING
EXHIBIT A
WORK PLAN
The Scope and Procedure of the Project is stated as follows:
SECTION A - PROJECT DESCRIPTION
The PROJECT consists of providing services connected with the construction of a bridge
over the Augusta Canal utilizing existing bridge piers, the installation of new steel stringers, and
wood decking. The proposed structure will accommodate pedestrians, bicycles, and light utility
traffic; Project No. STP-000E(96), P.1. No. 271120.
The Lake Olmstead Connector will provide linkage for pedestrian and bicycle traffic from the
intersection of Milledge Road and Lake Shore Loop across the Augusta Canal to the Augusta Canal
Tow Path. The connection provides a primary access point for parking and an access location for
utilizing the Augusta Canal Tow Path. Proposed project improvements include the construction of
a timber decked bridge utilizing existing bridge piers across the Augusta Canal and the installation
of an asphalt paved connector trail from the bridge to the intersection of Milledge Road and Lake
Shore Loop. Vehicle barriers will be installed to limit traffic along the trail to pedestrians and
bicycles. Vehicle barriers will be removable to provide emergency utility/utility vehicular access.
The SPONSOR shall be responsible for the following activities:
1. Comply with conditions listed in the Georgia Department of Natural Resources Historic
Preservation Division conditional finding of no adverse effect.
2. Advertise the project for public bid according to the requirements of 49 C.F.R. Part 18. Upon
opening bids, the SPONSOR shall award the PROJECT to the lowest responsive bidder.
3. All bidders submitting bids in excess of $500,000.00 must be pre-qualified with the
DEPARTMENT. If construction work involves structures, such as bridges or retaining walls,
all bidders must be pre-qualified with the DEPARTMENT reqardless of contract amount.
4. Provide copies of the SPONSOR'S construction subcontract to the DEPARTMENT'S Project
Manager and to the local Area Engineer for use in monitoring PROJECT construction and
reviewing payment invoices.
5. Provide copies of the completed construction plans to the DEPARTMENT'S Project Manager
and to the local Area Engineer.
6. Submit to the_DEPARTMENT'S Project Manager a copy of all proposed DBE subcontracts,
including the name of the subcontractor.
7. Ensure that DBE firms are certified with the DEPARTMENT'S Equal Employment
Opportunity Office.
8. Check the third party contractor's payrolls for, including but not limited to, compliance with
appropriate wage rates and zero percent (0%) Disadvantage Business Enterprise (DBE)
participant goal and submit quarterly reports on DBE participation to the DEPARTMENT's
A-I
Project Manager and Area Engineer. DBE monitoring and reporting requirements are
outlined in the DEPARTMENT's publication entitled "Disadvantaged Business Enterprise
Program Criteria for Acceptability", current edition.
9. Retain a Resident On-site Construction Inspector.
10. Provide for total on-site PROJECT management; working with the third party contractor to
establish sequences for work.
11. Submit monthly progress reports and invoices to the DEPARTMENT's Area Engineer until
final acceptance of the PROJECT by the SPONSOR and submittal of "Sponsor's
Certification of Final Acceptance" form, final voucher, and materials certification statement.
A copy of all submittals shall be forwarded to the DEPARTMENT's Project Manager.
12. Maintain adequate project files including but not limited to material certificates, insurance
documents, complete construction plans and specifications, and third party contractor
payrolls.
13. For all materials not tested by the DEPARTMENT, the SPONSOR will certify that material
suppliers and materials conform to the requirements of the Agreement, plans and
specifications. These materials are expected to comply with generally accepted industry
standards for the individual items.
14. Have a Resident Inspector obtain AS BUILT CONSTRUCTION PLANS.
15. Furnish the DEPARTMENT with a copy of the AS BUILT CONSTRUCTION PLANS.
16. Comply with all applicable state and federal laws, rules and regulations and guidelines.
The DEPARTMENT shall be responsible for the following activities:
1. Provide a project engineer to conduct spot inspections, verify progress, and approve
invoices for payment.
2. Conduct materials testing of all materials typically used in highway construction that become
a permanent part of the travelway and its safety appurtenances.
The SPONSOR and DEPARTMENT shall follow the following reimbursement procedures:
For payment purposes, the SPONSOR shall forward monthly invoices, with copies of the
contractor's invoices, descriptions of work performed during the payment period, and any other
documentation requested or required by the DEPARTMENT, to the DEPARTMENT's Area
Engineer. The DEPARTMENT shall process the SPONSOR's reimbursement request according
to standard procedures established by the DEPARTMENT. It is understood that the DEPARTMENT
shall process or make findings on all reimbursement requests in a timely and efficient manner.
The SPONSOR agrees to abide by and require any contractors, or lower tier contractors to
abide by the terms and conditions governing the Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments, 49 CFR Part 18.
A-2
The SPONSOR shall comply with the following provisions applicable to construction
of the PROJECT:
a. Content of Construction Contracts. The SPONSOR hereby agrees to contract for
the construction of the PROJECT in accordance with the legal requirements
imposed on the DEPARTMENT, specifically but not limited to the provisions
governing the DEPARTMENT's authority to enter into contracts, Sections 32-2-60
through 32-2-77 of the Official Code of Georgia Annotated, as amended and the
Department of Transportation's Rules and Regulations governing the
Prequalification of Prospective Bidders, Chapter 672-5.
The SPONSOR certifies and shall require any contractor or subcontractor to. certify
in accordance with Appendix 3, attached hereto and incorporated herein, that it has
examined the plans for the PROJECT and the Department's "Standard
Specifications", 1993 Edition, "Supplemental Specifications Book", current edition,
and any Supplemental Specifications and Special Provisions applicable for the
PROJECT and shall construct or cause the construction of the PROJECT in
accordance with the requirements of the DEPARTMENT.
The SPONSOR further certifies and shall require any contractor or subcontractor to
certify compliance with the responsibilities detailed under Subsection e. Work
Stoppaqe, below.
b. Riqht to Inspect. The DEPARTMENT, its authorized representatives, agents or
employees shall have the right to inspect any and all construction and work within
the right of way of the PROJECT in order to verify that the SPONSOR, its authorized
representatives, agents, employees, contractor, or subcontractor are complying with
all undertakings, duties and obligations under this Agreement. Such inspections
shall not unreasonably or unnecessarily interfere with any construction. The
SPONSOR shall keep the DEPARTMENT notified of all construction and
construction schedules.
The right to inspect shall include but not be limited to the right to spot inspect and
verify the progress of the work, confirm quantities and quality of the work and provide
for the testing of concrete and asphalt if needed.
At approximately fifty percent (50%) completion of the PROJECT, the SPONSOR
shall contact the Historic Preservation Division of the Georgia Department of Natural
Resources and arrange a site visit. Upon completion of the PROJECT, the
SPONSOR shall contact the Historic Preservation Division in order to arrange for a
final site visit. The purpose of the inspections by the Historic Preservation Division
is to ensure that the materials used will meet the U.S. Secretary of Interior's
Standards for Rehabilitation.
c. No Assumption of Liability. The DEPARTMENT by reserving the right to review and
inspect the SPONSOR's contractual documents and schedules and to inspect and
review the construction and work shall have no obligation to inspect and review.
A-3
Further, the DEPARTMENT, does not assume, but expressly disclaims, any liability
or responsibility for the SPONSOR's or any other entities work on the PROJECT.
d. Standards of Construction. All construction activities on the PROJECT shall be
performed:
1. in a good, workmanlike and non-negligent manner;
2. in a manner that avoids endangering the safety of any person, employee,
tenant, servant, guest, invitee, contractor, subcontractor or agent;
3. in accordance with all applicable laws, the provision of applicable contract
documents and the applicable provisions of this Agreement; and
4. free of all mechanics' and materialmen's liens upon or against the entire
PROJECT property.
5. for both buildings, the existing historic windows should be repaired rather
than replaced if they are not too deteriorated.
e. Work Stoooaqe. In the event of the discovery of significant archaeological remains,
construction shall be stopped and the SPONSOR shall notify the Georgia
Department of Natural Resources of the discovery. In this context, to be
"significant", such remains would have to be able to provide important and non-
redundant information that could not be obtained from other sources. The
SPONSOR shall notify the Georgia Department of Natural Resources of the
discovery of intact cultural features such as, but not limited to, foundations and wells.
The construction shall remain stopped until the Georgia Department of Natural
Resources has completed their evaluation of the remains.
SECTION 8 - QUALIFICATIONS OF PERSONNEL
AND ENDORSEMENT OF DOCUMENTS
The SPONSOR shall employ only persons qualified and duly registered in the appropriate
category in responsible charge of supervision and design of the work and further shall employ only
qualified and duly registered surveyors in responsible charge of any survey work.
The SPONSOR shall endorse or cause the proper endorsement of all final draft reports,
PROJECT plans, and estimates of probable construction costs. Such endorsements shall be made
by a person duly registered in the appropriate category by the Georgia State Board of Registration
for Professional Engineers and Land Surveyors, being in the full employ of the SPONSOR and
responsible for work prescribed by this Agreement.
SECTION C - RELATIONSHIP WITH OTHERS
The SPONSOR shall cooperate fully with the DEPARTMENT, consultants on adjacent
projects, municipal and other interested local government officials, utility companies, railroads and
others, as may be directed by the DEPARTMENT. Such cooperation shall include attendance at
meetings, discussions and hearings, as may be requested by the DEPARTMENT, furnishing plans
A-4
and other data produced in the course of work on the PROJECT, as may be requested from time
to time by the DEPARTMENT to effect such cooperation and compliance with all directives issued
by the DEPARTMENT.
SECTION D - RIGHT TO ENTER
The SPONSOR shall notify all property owners or occupants of the need to enter properties
for the purpose of accomplishing surveys or other field investigations.
SECTION E - ACCURACY OF WORK
The SPONSOR shall be responsible for the accuracy of the PROJECT and shall promptly
correct its errors and omissions without additional compensation.
Acceptance of the work by the DEPARTMENT shall not relieve the SPONSOR of the
responsibility of subsequent correction of errors, the clarification of any ambiguities, or the costs
associated with any additional work caused by negligent errors in, or negligent omissions from, the
plans prepared by or for the SPONSOR.
At any time during the construction of the improvements provided for by the plans or during
any phase of work performed by others based on data secured by the SPONSOR under this
Agreement, the SPONSOR shall confer with the DEPARTMENT for the purpose of interpreting the
information obtained and to correct any errors or omissions. The above consultations, clarifications
or corrections shall be made without added compensation to the SPONSOR. The SPONSOR shall
give immediate attention to these changes so there will be a minimum of delay to others.
SECTION F - UTILITIES
It is understood that the DEPARTMENT will not participate in the cost of any utility facility
removal and relocations necessary in connection with construction of the PROJECT, unless
otherwise specified in the Agreement. The SPONSOR shall be responsible for handling the
arrangements with utility owners for any removal and relocations necessary. The SPONSOR shall
give the utility owners ample notice of the impending construction to allow time for engineering and
material orders required for any removal and relocations necessary. Also the SPONSOR agrees
to clear rights-of-way obstructions without expense to the DEPARTMENT. For purposes of applying
provisions of this paragraph, railroads and the Metropolitan Atlanta Rapid Transit Authority (MARTA)
are considered utilities.
SECTION G - DELIVERY OF NOTICES
All written notices, demands and other papers or documents to be delivered to the
DEPARTMENT under this Agreement shall be delivered to the DEPARTMENT's General Office,
NO.2 Capitol Square, Atlanta, Georgia 30334-1002, attention the Project Manager, or at such other
place or places as may be subsequently designated by written notice to the SPONSOR. All written
notices, demands and other papers or documents to be delivered to the SPONSOR under this
A-5
Agreement shall be directed to or at such place or places subsequently designated in writing by the
SPONSOR to the DEPARTMENT.
SECTION H - SUPERVISION AND CONTROL
The SPONSOR shall perform the services required to accomplish the WORK PLAN as
stated in this Agreement under such control and supervision by the DEPARTMENT as the
DEPARTMENT may deem appropriate.
SECTION 1- LANDSCAPE INSTALLATION AND MAINTENANCE
The PROJECT includes the design or installation of landscaping; therefore, the SPONSOR
shall furnish, install and maintain, for the useful life of the PROJECT as determined by the
DEPARTMENT, grassing and plantings in a manner consistent with the DEPARTMENT's "Standard
Specifications", 1993 Edition, "Supplemental Specifications Book". current edition, and any
Supplemental Specifications and Special Provisions as applicable for the PROJECT. If the design
or installation of landscaping will involve rights of way under local jurisdictional control, the
SPONSOR is encouraged to reference the DEPARTMENT's Manual of Guidance (MOG), in
particular MOG #49.1 entitled "Landscaping on D.O.T. R/W", for such items as site plan format,
content, and general information. If the PROJECT includes the design or installation of landscaping
on rights of way under the control of the DEPARTMENT, the SPONSOR shall observe the
requirements documented by MOG #49.1, in particular, and other requirements as specified by the
DEPARTMENT.
SECTION J - PROJECT MAINTENANCE AND OPERATION
Upon completion of the PROJECT, the SPONSOR shall assume full responsibility for the
continued operation and maintenance of the PROJECT at no additional cost to the DEPARTMENT.
The DEPARTMENT and Federal Highway Administration reserve the right to conduct periodic site
inspections for the purpose of confirming proper operation and maintenance of the PROJECT for
the useful life of the PROJECT, as determined by the DEPARTMENT.
A-6
EXHIBIT B
WORK SCHEDULE
WORK SCHEDULE
Project No. STP-000E(96), PI No. 271120
Augusta-Richmond County, Georgia
Task Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7. Month 8
Advertise for X
bids
Receive bids X
Award contract X
Issue Notice to X
Proceed
Construction X X X X X X X
B-1
EXHIBIT C
BUDGET ESTIMATE
PRELIMINARY BUDGET ESTIMATE
Phase I - Lake Olmstead Connector
For the Augusta Canal Multi-Use Trail
Project No. STP-000E(96), PI No. 271120
A. Augusta Canal Multi-Use Trail
DESCRIPTION UNIT QUAN UNIT EXTENSION
PRICE
Clearing & Grubbing
LS 1 $2,500.00 $2,500
Grading Complete
LS 1 $18,500.00 $18,500
Selected Material for Shldr Constr,
6 in Ave Thk, Incl Mati SY 165 $10.00 $1,650
Gr Agg Base Crs, 6 inch, Incl Mati
SY 300 $7.66 $2,300
Recycled 2 in Asph Conc E, GP1
or 2, Incl Bitum Mati SY 285 $5.26 $1,500
Conc Valley Gutter, 6 in
SY 31 $27.41 $850
Conc Curb & Gutter, 6 in x 30 in ,
TP2 LF 30 $10.50 $315
Rem Conc Curb & Gutter All Sizes
LF 30 $6.00 $180
Grassing (Complete) - Centipede
LS 1 $1,500.00 $1,500
Vehicle Barriers - Bollards
Complete EA 2 $300.00 $600
Signage
LS 16 $200.00 $3,200
Conc. Sidewalk, 4 in.
SY 25 $25.00 $625
Traffic Stripe, White
SY 525 $4.00 $2100
TOTAL $35,820
C - 1
B. Phase I - Lake Olmstead Connector Bridge
ITEM DESCRIPTION UNIT QUAN UNIT EXTENSION
PRICE
Reinforced Concrete
Abutments CY 13 $425.00 $5,525
Structural Steel
LBS 32,652 $3.42 $111,670
Pressure Treated 2 x 10
Lumber LF 11,308 $2.94 $33,245
Pressure Treated 2 x 8
Lumber LF 480 $1.89 $907
Pressure Treated 2 x 6
Lumber LF 960 $1.50 $1440
Pressure Treated 2 x 4
Lumber LF 2160 $1.08 $2,333
Pressure Treated 6 x 6
Lumber LF 1,184 $7.50 $8,880
Contingency $9,500
TOTAL $173,500
C. Bridge Approach Railing
ITEM DESCRIPTION UNIT QUAN UNIT EXTENSION
PRICE
Pressure Treated 2 x 8
Lumber LF 60 $2.00 $120
Pressure Treated 2 x 4
Lumber LF 300 $1.50 $450
Pressure Treated 6 x 6
Lumber LF 90 $8.00 $720
TOTAL $1,290
C-2
ESTIMATED BUDGET
PHASE 1- LAKE OLMSTEAD CONNECTOR
AUGUSTA CANAL MULTI-USE TRAIL
Project No. STP-000E(96), PI No. 271120
DESCRIPTION LOCAL FEDERAL TOTAL
Plann i ng/Design/Envi ronmental $13,455 $0 $13,455
Construction Administration $240 $960 $1,200
Construction Estimate $32,336 $178,274 $210,610
Construction Contingency @ 10% $3,234 $17,827 $21,061
Total Construction Estimate $49,265 $197,061 $246,326
Maximum Federal Obligation $197,061
Adjusted Total Construction $49,265 $197,061 $246,326
C - 3
EXHIBIT D
TERMS AND CONDITIONS
FHWA-1273 Electronic version -- March 10, 1994
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Page
I. GENERAL
............................................................................................ .
D-1
II. NONDiSCRIMINATION.................................................................................. D-2
III. NONSEGREGATED FACILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D-4
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . .. D-4
V. STATEMENTS AND PAYROLLS .......................................................................... D-7
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR ......................................................... D-8
VII. SUBLETTING OR ASSIGNING THE CONTRACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D-8
VIII. SAFETY: ACCIDENT PREVENTION ......................................................... . . . . . . . . . . . .. D-9
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS......................................... ......... D-9
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. . . . . . . . . . . . . . . . . . . . . .. D-9
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION... ...... D-10
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBByiNG............................ . ..... D-12
ATTACHMENTS
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only). . . . . . . . . . . . . . . . . . . . . . . . . . D-13
I. GENERAL
1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station
work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in
these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be
made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible
for compliance by any subcontractor or lower tier sub02ntractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the
contract.
4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their
representatives.
6. Selection of Labor: During the performance of this contract, the contractor shall not:
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a discriminate against labor from any other State, possession, or territory of the United States (except for employment preference
for Appalachian contracts, when applicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole,
supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative
action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60)
and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity
Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C.
12101 m~.)
set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific requirement activities of EEO:
a The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and
in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without
regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for
training, including apprenticeship, preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be
assigned adequate authority and responsibility to do so.
3. Dissemination of Polley: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will
implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment.
To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often
than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings
will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major
aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants
for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means
of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal
Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area
from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public
and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify
sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants
may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe
the provisions of that agreement to the extentlhat the system permits the contractor's compliance with EEO contract provisions. (The DOL
has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates Executive Order 11246, as amended.)
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c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and
procedures with regard to referring minority group applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions
of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color,
religion, sex, national origin, age or disability. The following procedures shall be followed:
a The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not
indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend
beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his
obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time.
If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such
other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal.
6. Training and Promotion:
a The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants
for employment.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor
shall make full use of training programs, Le., apprenticeship, and on-the-job training programs for the geographical area of contract
performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or
training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in
the special provision.
c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements
for each.
d. The contractor will periodically review the training and promotion potential of minority group and women employees and will
encourage eligible employees to apply for such training and promotion.
7. UnIons: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use hislher best efforts
to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals
by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as
agent will include the procedures set forth below:
a The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more
minority group members and women for membership in the unions and increasing the skills of minority group employees and women so
thallhey may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be
contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such
information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor,
the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time
limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment
vacancies without regard to race. color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable
minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective
bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents
the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor
shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on
the grounds of race, color, religion, sex. national origin, age or disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of hislher EEO obligations under this contract.
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b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform
subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to
utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees.
Contractors shall obtain lists of DBE construction firms from SHA personnel.
c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable
times and places for inspection by authorized representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number of minority and non-minority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for
minorities and women;
and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees;
(4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful
minority and female representation among their employees.
b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority,
women, and non-minority group employees currently engaged in each work classification required by the contract work. This information
is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect
and report training data.
III. NONSEGREGATED FACIUTIES
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or
purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate,
certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm
does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The
firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee
will be denied access to adequate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, 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, national origin, age or disability, because of habit, local custom, or otherwise.
The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking).
c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers
prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications
in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural minor collectors, which are exempt.)
1. General:
a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once
a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29
CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits
(or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the
wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers
and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this
Section IV and the DOL poster (WH-1321) or Form FHWA-1495) 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. For the purpose of this Section,
contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act (40 U.S.C.
276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section
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IV, paragraph 3b, hereof. Also, for the purpose of this Section, 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 paragraphs
4 and 5 of this Section IV.
b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed.
c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated
by reference in this contract
2. Classification:
a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed
in the wage determination, shall be classified in conformance with the wage determination.
b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have
been met:
(1) the work to be performed by the additional classification requested is not performed by a classification in the wage
determination;
(2) the additional classification is utilized in the area by the construction industry;
(3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained
in the wage determination; and
(4) with respect to helpers, when such a classification prevails in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional
classification or their representatives, and the contracting officer 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 the contracting officer to the DOL, Administrator of the
Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise
the contracting officer or will notify the contracting officer within the 3D-day period that additional time is necessary.
d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional
classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Adminis-
trator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 3D-day period that additional time is necessary
e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall
be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification.
3. Payment of Fringe Benefits:
a. 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 or subcontractors, as appropriate, shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof.
b. If the contractor or suboontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider
as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in 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.
4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
(1) Apprentices will be permitted to work at less 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 DOL, 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 hislher first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually
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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.
(2) The allowable ratio of apprentices to joumeyman-Ievel employees 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 employee listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate
listed in 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 determi-
nation for the work actually performed. Where a contractor or subcontractor 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-level hourly rate) specified
in the contractor's or subcontractor's registered program shall be observed.
(3) 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-level 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 for 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.
(4) 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 or subcontractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved.
b. Trainees:
(1) Except as provided in 29 cFR 5.16, trainees will not be permitted to work at less 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 DOL, Employment and Training Administration.
(2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. 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 classification of 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.
(3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed
as a percentage of the journeyman-level 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-level wage rate on the wage determination which
provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices.
(4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or
subcontractor 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.
c. Helpers:
Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper
wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of
paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established
by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the
particular program.
6. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor 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, as much of
the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and
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helpers, employed by the contractor 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, all or part of the wages
required by the contract, the SHA contracting officer 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 until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess
of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-
one-half times hislher basic rate of pay for all hours worked in excess of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor respOnsible thereof shall be liable to the affected employee for hislher 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, mechanic, watchman, or guard employed in violation.of the clause set forth in paragraph 7, in the sum of $10 for each
calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment
of the overtime wages
required by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld,
from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other 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 clause set forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural collectors, which are exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of
the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees,
watchmen, helpers, and guards working at the site of the work.
b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent
thereof the types described in Section 1 (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made;
and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee
does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of labor, pursuant
to Section IV, paragraph 3b, has found 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 and each subcontractor
shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated
or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable
programs.
c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer
a payroll of wages paid each ,of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5,
and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately
and completely all of the information required to be maintained under paragraph 2b of this Section V. 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 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible
for the submission of copies of payrolls by all subcontractors.
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d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or hislher
agent who pays or 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 paragraph 2b of this Section
V and that such information is correct and complete;
(2) that such 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 the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for
the classification of worked performed, as specified in the applicable wage determination incorporated into the contract.
e. 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 paragraph 2d of this Section V.
f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001
and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection,
copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, 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, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions
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.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective
devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts,
and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor
Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the
quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA.47.
c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47together with the data required
in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total
amount earned.
2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each
subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage
if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty
items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original
contract price before computing the amQlJnt of work required to be performed by the contractor's own organization (23 CFR 635).
a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a
subcontractor, assignee, or agent of the prime contractor.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to
be .Iimited to minor componen~ of the overall contract.
2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material
and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who
performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the
SHA contracting officer determines is necessary to assure the performance of the contract.
D-8
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting
officer, or authorized representative, and such 'consent when given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing
and that it contains all pertinent provisions and requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any
other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and
health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered
by the contract.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this
contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings
or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary of labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.c. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have
right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health
standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of
reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it
is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway
project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person,
associatjon, firm, or corporatjon, knowingly makes any false statement, false representatjon, or false report as to the character, quality,
quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications, contracts, or costs of constructjon on any highway or related project
submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality,
quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the constructjon
of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted
pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined not more that $10,000 or imprisoned not more than 5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor,
or subcontractor, as appropriate, will be deemed to have stipulated as follows:
1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as
amended (4~ U.S.C. 1857 ~~., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 m~., as amended by Pub.L 92-5oo), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is riot
listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) Ust of Violating Facilities pursuant to 40 CFR
15.20.
2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308
of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA Ust of Violating Facilities.
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4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt
subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered
transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification
or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.
However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from
participation in this transaction.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency
determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction
for cause of default.
d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is
submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
e. The terms "covered transaction," "debarred," .suspended," "ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," .proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this
transaction.
g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-lower Tier Covered Transaction," provided by the department or
agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,
but is not required to, check the non procurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs" (Non procurement List) which is compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction
for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Prlmary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)
D-10
transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local)
terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction
originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower lier Covered Transaction," without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,
but is not required to, check the Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
D-11
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 cFR 20)
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or
an employee of a fv\ember of Congress in connection with 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, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any 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.
3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose
accordingly.
D-12
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR
APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work,
shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an
efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1c shall not exceed 20 percent
of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics
and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on
which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to
complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the
course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly
notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The
contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work
required.
4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment
Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service
will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's
permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area
to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above.
5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or
reasonably may be, done as on-site work.
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EXHIBIT E
NOTICE TO SPONSOR
COMPLIANCE WITH TITLE VI
OF THE CIVIL RIGHTS ACT
OF 1964
NOTICE TO SPONSOR
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
During the performance of this Agreement, the SPONSOR, for itself, its assignees and successors'
in interest (hereinafter referred to as the "SPONSOR"), agrees as follows:
(1) Compliance with ReQulations: The SPONSOR will comply with the
Regulations of the Department of Transportation relative to nondiscrimination in Federally
assisted programs of the Department of Transportation (Title 49, Code of Federal
Regulations, Part 21, hereinafter referred to as the Regulations [also 49 CFR Part 27]),
which are herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The SPONSOR, with regard to the work performed by it
after award and prior to completion of the contract work, will not discriminate on the grounds
of race, color, national origin, or sex in the selection and retention of subcontractors
including procurement of materials and leases of equipment. The SPONSOR will not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program, set forth
in Appendix B of the Regulations. In addition, the SPONSOR will not participate either
directly or indirectly in the discrimination prohibited by 23 CFR 71 OA05(b).
(3) Solicitations for Subcontracts. IncludinQ Procurement of Materials and
Equipment: In all solicitations, either by competitive bidding or negotiations made by the
SPONSOR for work to be performed under a subcontract, including procurement of
materials or equipment, each potential subcontractor or supplier shall be notified by the
SPONSOR of the SPONSOR's obligations under this contract and the Regulations relative
to nondiscrimination on the grounds of race, color, national origin or sex.
(4) Information and Reports: The SPONSOR will provide all information and
reports required by the Regulations, or orders and instructions issued pursuant thereto, and
will permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the State Department of Transportation or the Federal
Highway Administration to be pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required of the SPONSOR is in the
exclusive possession of another who fails or refuses to furnish this information, the
SPONSOR shall so certify to the State Department of Transportation, or the Federal
Highway Administration as appropriate, and shall set forth what efforts it has made to obtain
this information.
(5) Sanctions for Noncompliance: In the event of the SPONSOR's
noncompliance with the nondiscrimination provisions of this contract, the State Department
of Transportation shall impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate, including, but not limited to:
(a) withholding of payments to the SPONSOR under the contract until the
SPONSOR complies, and/or
(b) cancellation, termination or suspension of this contract, in whole or in part.
E - 1
(6) Incorporation of Provisions: The SPONSOR will include the provisions of
paragraphs (1) through (6) in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Regulations, order, or instructions issued
pursuant thereto. The SPONSOR will take such action with respect to any subcontract or
procurement as the State Department of Transportation or the Federal Highway
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event the SPONSOR becomes involved in,
or is threatened with, litigation with a subcontractor or supplier as a result of such direction,
the SPONSOR may request the State to enter into such litigation to protect the interests of
the State, and, in addition, the SPONSOR may request the United States to enter into such
litigation to protect the interests of the United States.
E-2
EXHIBIT F
CERTIFICATION OF SPONSOR
DRUG-FREE WORKPLACE
CERTIFICATION OF SPONSOR
DRUG-FREE WORKPLACE
I hereby certify that I am a principle and duly authorized representative of Auqusta-Richmond
County, whose address is Municipal Buildinq, 530 Greene Street. Auqusta, GA 30911 J and it is also
certified that:
(1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia
Annotated, relating to the "Drug-Free Workplace Act" have been complied with in
full; and
(2) A drug-free workplace will be provided for the SPONSOR's employees during the
performance of the contract; and
(3) Each subcontractor hired by the SPONSOR shall be required to ensure that the
subcontractor's employees are provided a drug-free workplace. The SPONSOR
shall secure from that subcontractor the following written certification: "As part of the
subcontracting agreement with the SPONSOR, <the subcontractor> certifies to the
SPONSOR that a drug-free workplace will be provided for the subcontractor's
employees during the performance of this contract pursuant to paragraph (7) of
subsection (b) of the Official Code of Georgia Annotated Section 50-24-3"; and
(4) It is certified that the undersigned will not engage in unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana
during the performance of the contract.
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~,
F - 1
EXHIBIT G
SPONSOR CERTIFICATION
REGARDING DEBARMENT, SUSPENSION,
AND
OTHER RESPONSIBILITY MATTERS
SPONSOR
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
AND
OTHER RESPONSIBILITY MATTERS
I hereby certify that I am the Mavor and duly authorized representative of Auqusta-Richrnond
County, whose address is Municipal Buildinq, 530 Greene Street. Auqusta, GA 30911, and I certify
that I have read and understand the attached instructions and that to the best of my knowledge and
belief the entity and its representatives:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded from covered transactions by the Georgia Department of
Transportation and by any Federal department or agency;
(b) Have not within a three year period preceding this Agreement been convicted of or
had a civil judgement rendered against the firm or its representatives for commission
of fraud or a criminal offense in connection with obtaining, attempting to obtain or
performing a public (Federal, State, or Local) transaction or contract under a public
transaction in violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local) with commission of any of the offenses
enumerated in paragraph (b) of this certification;
(d) Have not within a three year period preceding this Agreement had one or more public
transactions (Federal, State or Local) terminated for cause or default; and
(e) That the firm will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction"
as attached hereto and without motivation, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions.
I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49
CFR Part 29 and that this firm agrees to abide by the rules and conditions set forth therein for any
misrepresentation that would render this certification erroneous, including termination of this
Agreement and other remedies available to the Georgia Department of Transportation and Federal
Government.
I further acknowledge that this certificate is to be furnished to the Georgia O_epartment o_f
Transportation, in connection with this Agreement involving participation of:feder~LHighway Funds,
and is subject to applicable State and Federal laws, both criminal a CiV:i~if ~.. - "
;t 71m~ (
Date
-
'-
G - 1
.<L<.- &Ll
(J jC.:
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Instructions for Exhibit G Certification
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary
Covered Transactions (SPONSORS)
1. By signing and submitting this contract the SPONSOR is providing the certification
set out in Exhibit G.
2. The inability of the SPONSOR to provide the certification required may not
necessarily result in denial of participation in this covered transaction. The SPONSOR shall then
submit an explanation of why it cannot provide the certification. The certification or explanation will
be considered in connection with the Department's determination whether to enter into this
transaction. However, failure of the SPONSOR to furnish a certification or an explanation shall
disqualify such person or firm from participation in this transaction.
3. The certification, Exhibit G, is a material representation of fact upon which reliance
is placed by the Department before entering into this transaction. If it is later determined that the
SPONSOR knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal Government, the Department may terminate this transaction for cause of default.
4. The SPONSOR shall provide immediate written notice to the Department if at any
time the SPONSOR learns that it certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
5. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier
covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal",
and "voluntarily excluded", as used in these instructions and the certification, have the meanings
set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549.
You may contact the Department for assistance in obtaining a copy of those regulations.
6. The SPONSOR agrees by submitting this proposal/contract that should the proposed
covered transaction be entered into, it shall not knowingly enter into a lower tier covered transaction
with a person/firm who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction unless authorized by the Department.
7. The SPONSOR further agrees by submitting this proposal/contract that it will include
the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transaction", as provided by the Department without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. A SPONSOR in a covered transaction may rely upon a certification of a prospective
participant in lower tier covered transaction that it is not debarred, suspended, ineligible or
voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
The SPONSOR may decide the method and frequency by which it determines the eligibility of its
principals.
9. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by these instructions.
The knowledge and information of the SPONSOR is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if the
SPONSOR in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this ,
transaction in addition to other remedies available to the Federal Government, the Georgia
Department of Transportation may terminate this transaction for cause or default.
G - 2
APPENDICES
FOR SPONSOR'S USE IN LOWER TIER CONTRACTS
APPENDIX 1
LOWER TIER CONTRACTOR
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
AND
OTHER RESPONSIBILITY MATTERS
I hereby certify that I am the
tive of the
and duly authorized representa-
whose address is
,and I certify that I have read and understand the
of my knowledge and belief the firm and its
attached instructions and that to the best
representatives:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded from covered transactions by the Georgia Department of
Transportation and by any Federal department or agency;
(b) I acknowledge that this certification is provided pursuant to Executive Order 12549
and 49 CFR Part 29 and that this firm agrees to abide by the rules and conditions
set forth therein for any misrepresentation that would render this certification
erroneous, including termination of this Agreement and other remedies available to
the Georgia Department of Transportation and Federal Government.
(c) I further acknowledge that this certificate is to be furnished to the Georgia
Department of Transportation, in connection with the Prime Contractor Agreement
involving the participation of Federal Highway Funds, and is subject to applicable
State and Federal laws, both criminal and civil.
(SEAL)
Date
Signature
Instructions for Appendix 1 Certification
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - - - Lower Tier
Covered Transactions
This certification applies to subcontractors, material suppliers, vendors and other lower tier
participants.
1. By signing and submitting this proposal, the prospective lower tier participant is
providing the certification set out in Appendix 1.
2. The certification, Appendix 1, is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the Department or Agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the
person to which the proposal is submitted if at any time the prospective lower tier participant learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction", "debarred", "suspended", ineligible", "lower tier
covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal",
and "voluntarily excluded", as used in these instructions and the certification, have the meanings
set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549..
You may contact the person to which this proposal is submitted for assistance in obtaining a copy
of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal/contract that
should the proposed covered transaction be entered into, it shall not knowingly enter into a lower
tier covered transaction with a person/firm who is debarred, suspended, declared ineligible, or
voluntarily excluded from partiCipation in this covered transaction unless authorized by the
Department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this
proposal/contract that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - - - Lower Tier Covered Transaction", without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospE!;tive
participant in lower tier covered transaction that it is not debarred, suspended, ineligible, or :
voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. ,
A participant may decide the method and frequency by which it determines the eligibility of its '
pri.ncipals. Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if the
participant in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction in addition to other remedies available to the Federal Government, the department or
agency may pursue available remedies, including suspension and/or debarment.
APPENDIX 2
CERTIFICATION REGARDING EQUAL
EMPLOYMENT OPPORTUNITY
I further certify that I have_, have not _' participated in a previous contract or subcontract
subject to the equal opportunity clause, as required by Executive Orders 10923, 11114, or 11246,
and that I have _' or have not _' filed with the Joint Reporting Committee, the director of the
Office of Federal Contract Compliance, a Federal Government contracting or administering agency,
or the former President's Committee on Equal Employment Opportunity, all reports due under the
applicable filing requirements.
I understand that if I have participated in a previous contract or subcontract subject to the Executive
Orders above and have not filed the required reports that 41 CFR 60-1. 7(b)(1) prevents the award
of this contract unless I submit a report governing the delinquent period or such other period
specified by the Federal Highway Administration or by the Director, Office of Federal Contract
Compliance, U.S. Department of Labor.
Bidder's IRS No.
Reports and notifications required under 41 CFR 60-4 including reporting sub-contract awards in
excess of $10,000.00 should be addressed to:
Ms. Carol Gaudin
Assistant Regional Administrator
Office of Federal Contract Compliance Programs
1375 Peachtree Street, NE, Room 678
Atlanta, Georgia 30367
Date
Signature
APPENDIX 3
EXAMINATION OF PLANS AND SPECIFICATIONS
I hereby certify that I have carefully examined the plans for this project and the "Standard
Specifications", 1993 Edition, "Supplemental Specifications Book", current edition, and the
Supplemental Specifications and Special Provisions included in and made a part of this Proposal,
and have also personally examined the site of the work. On the basis of the said specifications and
plans, I propose to furnish all necessary machinery, tools, apparatus and other means of
construction, and do all the work and furnish all the materials in the manner specified.
I understand the quantities mentioned are approximate only and are subject to either increase or
decrease and hereby propose to perform any increased or decreased quantities of work or extra
work on the basis provided for in the Specifications.
I also hereby agree that Augusta-Richmond County would suffer damages in a sum equal to at least
the amount of the enclosed Proposal Guaranty, in the event my Proposal should be accepted and
a Contract tendered me thereunder and I should refuse to execute same and furnish bond as herein
required, in consideration of which damage, and in order to prevent same, which is, necessarily,
incomputable and irreparable, I hereby agree that, in the event of such failure on my part to execute
said Contract and furnish said bond within fifteen (15) days after the date of the letter transmitting
the Contract to me, the amount of said Proposal Guaranty shall be and is hereby, forfeited to
Augusta-Richmond County as liquidated damages as the result of such failure on my part.
I further propose to execute the contract agreement described in the Specifications as soon as the
work is awarded to me, and to begin and complete the work within the time limit provided. I also
propose to furnish a Contract Bond, approved by Augusta-Richmond County, as required by the
laws of the State of Georgia. This bond shall not only serve to guarantee the completion of the work
on my part, but also to guarantee the excellence of both workmanship and materials until the work
is finally accepted, as well as to fully comply with all the laws of the State of Georgia.
Date
Signature
APPENDIX 4
NOTICE TO CONTRACTORS
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
FOR FEDERAL-AID CONTRACTS
During the performance of this Contract, the CONTRACTOR, for itself, its assignees and successors in
interest (hereinafter referred to as the "CONTRACTOR"), agrees as follows:
(1) Compliance with ReQulations: The CONTRACTOR will comply with the Regulations of the Department
of Transportation relative to nondiscrimination in Federally assisted programs of the Department of
Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations
[also 49 CFR Part 27]), which are herein incorporated by reference and made a part of this contract.
(2)Nondiscrimination: The CONTRACTOR, with regard to the work performed by it after award and prior
to completion of the contract work, will not discriminate on the grounds of race, color, national origin, or sex
in the selection and retention of subcontractors including procurement of materials and leases of equipment.
The CONTRACTOR will not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the contract covers a program, set forth in
Appendix B of the Regulations. In addition, the CONTRACTOR will not participate either directly or indirectly
in the discrimination prohibited by 23 CFR 71 0.405(b).
(3)Solicitations for Subcontracts. IncludinQ Procurement of Materials and Eauipment: In all
solicitations, either by competitive bidding or negotiations made by the CONTRACTOR for work to be
performed under a subcontract, including procurement of materials or equipment, each potential
subcontractor or supplier shall be notified by the CONTRACTOR of theCONTRACTOR's obligations under
this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin
or sex.
(4)lnformation and Reports: The CONTRACTOR will provide all information and reports required by the
Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the SPONSOR, State
Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of the CONTRACTOR is in
the exclusive possession of another who fails or refuses to furnish this information, the CONTRACTOR shall
so certify to the SPONSOR, State Department of Transportation, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain this information.
(5)Sanctions for Noncompliance: In the event of the CONTRACTOR's noncompliance with the
nondiscrimination provisions of this contract, the SPONSOR shall impose such contract sanctions as it or
the State Department of Transportation or Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a)withholding of payments to the CONTRACTOR under the contract until the CONTRACTOR complies,
and/or :
(b)cancellation, termination or suspension of this contract, in whole or in part.
(6)lncorporation of Provisions: The CONTRACTOR will include the provisions of paragraphs (1) through
(6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
Regulations, order, or instructions issued pursuant thereto. The CONTRACTOR will take such action with
respect to any subcontract or procurement as the SPONSOR, State Department of Transportation or the
Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event the CONTRACTOR becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such direction, the CONTRACTOR
may request the SPONSOR to enter into such litigation to protect the interests of the SPONSOR. In addition,
the CONTRACTOR may request the State or the United States to enter into such litigation to protect the
interests of the State or the United States, respectively.
APPENDIX 5
CERTIFICATION OF CONTRACTOR
DRUG-FREE WORKPLACE
I hereby certify that I am a principle and duly authorized representativa::>f
address is
whose
, and it is also certified that:
(1)The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated,
relating to the "Drug-Free Workplace Act" have been complied with in full; and
(2)A drug-free workplace will be provided for theCONTRACTOR's employees during the performance
of the contract; and
(3)Each subcontractor hired by the CONTRACTOR shall be required to ensure that the subcontractor's
employees are provided a drug-free workplace. The CONTRACTOR shall secure from that
subcontractor the following written certification: "As part of the subcontracting agreement with the
CONTRACTOR, <the subcontractor> certifies to the CONTRACTOR that a drug-free workplace will
be provided for the subcontractor's employees during the performance of this contract pursuant to
paragraph (7) of subsection (b) of the Official Code of Georgia Annotated Section 50-24-3"; and
(4)lt is certified that the undersigned will not engage in unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana during the performance of the
contract.
Date
Signature
ATTACHMENT 1
Innovative Financing MOU
.~
.. ,
TRANSPORTATION ENHANCEMENT ACTIVITY
MEMORANDUM OF UNDERSTANDING
BETWEEN
. Augusta-Richmond County, hereinafter balled the "SPONSOR", and the Georgia D.~partment
of Transportation, hereinafter called the "DEPARTMENT',
RELATIVE TO
The SPONSOR assuming responsibility for tasks associated with Preliminary Engineering
for the Augusta Canal Multi-Use Trail, STP-000E(96), PI # 271120, Richmond County, hereinafter
called the "PROJECT'. -
WHEREAS the DEPARTMENT has reviewed information supplied by the SPONSOR and,
based on that information, approved the SPONSOR'S accounting and procurement systems:
I. IT IS THE INTENTION OF THE PARTIES:
That the SPONSOR fund 100% of the Preliminary Engineering for the PROJECT; and that
the DEPARTMENT may apply said expenditure toward the SPONSOR'S Federal-Aid 20% match of
the PROJECT'S Total Cost, subject to the DEPARTMENT and the Federal Highway Administration's
approval.
II. IT IS AGREED:
A. That the SPONSOR certifies that local funds have been budgeted to undertake
Preliminary Engineering for the PROJECT; and that an accounting system has been
established to track project-specific Preliminary Engineering expenditures.
B. That the SPONSOR will be responsible for all Preliminary Engineering expenditures
above those originally budgeted by the SPONSOR.
C. That prior to construction of the PROJECT, the SPONSOR will certify, to the
DEPARTMENT, the amount of eligible expended funds allowable toward the PROJECT'S
Total Local Match.
D. That if the PROJECT includes structures such as bridges or retaining walls, the
SPONSOR will be required to use consultants pre-qualified with the DEPARTMENT.
III. IT IS AGREED:
A. That the SPONSOR will observe processes, standards, and requirements contained in
the TEA Sponsor's Guidebook entitled "Road to Success", or revisions thereto.
B. That the SPONSOR will establish a project team to oversee PROJECT design and
coordinate with the DEPARTMENT and other agencies throughout the design process;
and that the SPONSOR will hold team meetings as required to guide PROJECT
development.
C. That the SPONSOR will hold the PROJECT Concept Meeting; that the SPONSOR will
seek public comment during the PROJECT'S design phase; and that the SPONSOR will
ensure PROJECT design plans reflect safety, access, and design standards appropriate
and required for completion of PROJECT construction.
,
r.
, .
.. .
~ '
D. That the SPONSOR will perform all tasks necessary to secure historical/environmental
clearances and will observe Federal and State Right-of-Way laws, regulations,
requirements, and procedures.
E. That the SPONSOR will adhere to the scope of work as recommended by the
Transportation Enhancement Advisory Panel and programmed by the State
Transportation Board. All proposed changes to the scope of work will require review and
approval of the DEPARTMENT.
IV. IT IS AGREED:
A. That Right-of-Way negotiations, if appropriate, will not begin until the SPONSOR
receives historical/environmental clearances through the DEPARTMENT.
S. That construction funding will be dependent upon the SPONSOR receiving
historical/environmental clearances through the DEPARTMENT; certifying existing or
acquired Right-of-Way to the DEPARTMENT; producing a complete set of biddable
construction plans meeting appropriate safety, access, and design standards; and
preparing and forwarding construction bid procedures and documents for the
DEPARTMENT'S review. .
V. IT IS FURTHER AGREED:
A. That nothing contained herein shall obligate the DEPARTMENT to proceed with
subsequent stages of the PROJECT.
B. That the SPONSOR'S expenditure prior to execution of an Agreement with the
DEPARTMENT for construction of the PROJECT shall be at the sole cost. and risk to the
SPONSOR. Should the SPONSOR or the DEPARTMENT determine that for any reason
the PROJECT is unable to enter subsequent stages, the DEPARTMENT is not
responsible for reimbursement of local fU!1ds expended on the PROJECT.
......' :
v
.;
l(1 witness wh
this ~ day of
parties hereto have executed this Memorandum of Understanding,
,1996.
RECOMMENDED:
AUGUSTA-RICHMOND COUNTY
~'~
State Transportation Plan~ministrator
IN THE PRESENCE OF:
r
'lJD.#.(ji IcJ 'tJ}p>tzy~
Notary Pu .
Notary Public, Columbia Couniy, \".,:.;';'.' ".
My Commission Expires June 21, 1 ~9a
GEORGIA DEPARTMENT OF
TRANSPORTATION
C:C~
BY:
Commissioner
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